February 4, 2003, Introduced by Rep. Ward and referred to the Committee on Great Lakes and Tourism.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 12562 (MCL 333.12562), as amended by 1999
PA 41.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 12562. (1) The
application of necessary chemicals in
2 powder, crystal, or
solution form to the waters of the
state of
3 chemicals that are necessary for the control of aquatic
4 nuisances, such as swimmers' itch and aquatic plants, is lawful
5 and not in contravention of the private or public rights to the
6 use and enjoyment of abutting property by the owners or occupants
7 of that property if the
application is made in accordance
8 compliance with sections 12561 to 12563 and rules promulgated
9 under section 12561.
10 (2) The necessary
control work authorized pursuant to this
1 section under subsection (1) may be conducted undertaken
by
2 the state or a political subdivision of the state or by an
3 organized lake or improvement association on behalf of its
4 members, or by the owner of property abutting on the waters of
5 the state, or by an aquatic pest control applicator licensed
6 under part 83 of the natural resources and environmental
7 protection act, 1994 PA 451, MCL 324.8301 to 324.8336, after
8 obtaining a permit from the department of environmental quality.
9 A permit may be obtained by application to the department of
10 environmental quality. If the department does not approve or
11 disapprove a completed permit application within 14 days after
12 the application is received, the permit application shall be
13 considered to be approved. Unless revoked, a permit issued under
14 this section expires on December 31 of the calendar year in which
15 it was issued.
16 (3) The necessary
control work authorized pursuant to this
17 section under subsection (1) shall be conducted at those
18 times, under those conditions,
and with those safeguards ,
19 as required by the department of environmental
quality.
20 requires. The
department of environmental quality may provide
21 permits, upon
application, for the suppression of swimmers' itch
22 and aquatic plants, if
applicants provide at their own expense A
23 person issued a permit under this section shall provide chemicals
24 and other equipment and services called for in the rules
25 promulgated by the department of environmental quality.
26 (4) Except as provided in subsection (5), until October 1,
27 2003, an application for a permit under this section shall be
1 accompanied by the following fee:
2 (a) For treatment of areas of 1/2 acre or more and less than
3 2 acres, $50.00.
4 (b) For treatment of areas of 2 acres or more, $150.00.
5 (5) A fee is not required under this section for a permit for
6 control work to be performed for either of the following:
7 (a) The owner or owners of a single property treating waters
8 abutting their property where the treatment area is less than 1/2
9 acre. , or for
water bodies
10 (b) The owner or owners of a water body in single ownership.
11 (6) The department of environmental quality shall forward
12 fees collected under this section to the state treasurer for
13 deposit in the land and water management permit fee fund created
14 in section 30113 of the natural resources and environmental
15 protection act, 1994 PA 451, MCL 324.30113.