May 12, 2004, Introduced by Reps. Sheen, Richardville, Shackleton, Stahl, Palsrok, Voorhees, Amos, Taub, LaJoy, Meyer, Garfield, Nitz, Milosch, DeRoche, Pumford, Hummel, Koetje, Steil, Bisbee, Hune, Tabor, Shaffer, DeRossett, Ehardt, Gaffney, Newell, Caswell, Walker, Moolenaar, Acciavatti, Kooiman, Hoogendyk, Huizenga, Caul and Nofs and referred to the Committee on Agriculture and Resource Management.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 3104, 3113, 3503, 4105, 6516, 6517, 6521,
8308, 8310, 8504, 9112, 11509, 11511, 11512, 11516, 11542, 11703,
11704, 11709, 30104, 30105, 30113, 30304, 30307, 31509, 31512,
32312, 32503, 32515, 32606, 35304, 36505, 41702, 41709, 42101,
42501, 42702, 44513, 44517, 45503, 45902, 45903, 45906, 51311,
61525, 62509, 63103c, 63524, 63525, 63704, 63708, 72108, 76105,
76109, 76504, and 80159 (MCL 324.3104, 324.3113, 324.3503,
324.4105, 324.6516, 324.6517, 324.6521, 324.8308, 324.8310,
324.8504, 324.9112, 324.11509, 324.11511, 324.11512, 324.11516,
324.11542, 324.11703, 324.11704, 324.11709, 324.30104, 324.30105,
324.30113, 324.30304, 324.30307, 324.31509, 324.31512, 324.32312,
324.32503, 324.32515, 324.32606, 324.35304, 324.36505, 324.41702,
324.41709, 324.42101, 324.42501, 324.42702, 324.44513, 324.44517,
324.45503, 324.45902, 324.45903, 324.45906, 324.51311, 324.61525,
324.62509, 324.63103c, 324.63524, 324.63525, 324.63704,
324.63708, 324.72108, 324.76105, 324.76109, 324.76504, and
324.80159), sections 3104, 30104, and 32312 as amended by 2003 PA
163, sections 3503, 6521, and 8504 as added by 1995 PA 60,
sections 6516 and 6517 as amended by 1996 PA 166, section 8310 as
amended by 2002 PA 418, section 9112 as amended by 2000 PA 504,
sections 11509 and 11511 as amended by 1996 PA 358, sections
11512 and 11516 as amended by 2003 PA 153, section 11542 as
amended by 1996 PA 359, section 30105 as amended by 1999 PA 106,
section 30113 as amended by 1995 PA 171, sections 30304, 31509,
31512, 32515, and 35304 as added by 1995 PA 59, section 30307 as
amended by 1998 PA 228, section 32503 as amended by 2002 PA 148,
section 32606 as added by 2000 PA 278, section 36505 as amended
by 1998 PA 470, section 41702 as amended by 2001 PA 23, sections
41709, 42101, 42501, 44513, 44517, 45503, 45903, 51311, 63525,
63704, and 63708 as added by 1995 PA 57, section 42702 as amended
by 2000 PA 191, section 45902 as amended by 1996 PA 200, section
45906 as amended by 2003 PA 270, section 61525 as amended by 1998
PA 303, section 62509 as amended by 1998 PA 467, section 63103c
as added by 1997 PA 149, sections 63524 and 76504 as amended by
2001 PA 78, sections 72108 and 80159 as added by 1995 PA 58, and
sections 76105 and 76109 as amended by 2001 PA 75, and by adding
sections 1301, 1303, 1305, 1307, 1309, 1311, and 1313.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 1301. As used in this part:
2 (a) "Department" means the department or agency authorized by
1 this act to approve or deny an application for a particular
2 permit, or an officer thereof.
3 (b) "Permit" means a permit or operating license provided for
4 under any of the following sections or rules promulgated
5 thereunder:
6 (i) Section 3104, floodplain alteration permit.
7 (ii) Section 3113, water pollution discharge permit.
8 (iii) Section 3503, permit for use of water in mining iron
9 ore.
10 (iv) Section 4105, sewerage system construction permit.
11 (v) Section 6516, vehicle testing license.
12 (vi) Section 6521, motor vehicle fleet testing permit.
13 (vii) Section 8308, experimental pesticide permit.
14 (viii) Section 8310, restricted use pesticide dealer business
15 location license.
16 (ix) Section 8504, license to manufacture or distribute
17 fertilizer.
18 (x) Section 9112, local soil erosion and sedimentation
19 control permit.
20 (xi) Section 11509, solid waste disposal area construction
21 permit.
22 (xii) Section 11512, solid waste disposal area operating
23 license.
24 (xiii) Section 11542, municipal solid waste incinerator ash
25 landfill operating license amendment.
26 (xiv) Section 11703, septage waste servicing license.
27 (xv) Section 11704, septage waste vehicle license.
1 (xvi) Section 11709, septage waste disposal permit.
2 (xvii) Section 30104, inland lakes and streams project
3 permit.
4 (xviii) Section 30304 or 30307, state or local permit for
5 dredging, filling, or other activity in wetland.
6 (xix) Section 31509, dam construction, repair, removal
7 permit.
8 (xx) Section 32312, flood risk, high risk, or environmental
9 area permit.
10 (xxi) Section 32503, permit for dredging and filling
11 bottomland.
12 (xxii) Section 32515, artificial waterway permit.
13 (xxiii) Section 32606, submerged log removal permit.
14 (xxiv) Section 35304, department permit for critical dune
15 area use.
16 (xxv) Section 36505, endangered species permit.
17 (xxvi) Section 41702, game bird hunting preserve license.
18 (xxvii) Section 42101, dog training area permit.
19 (xxviii) Section 42501, fur dealer's license.
20 (xxix) Section 42702, game dealer's license.
21 (xxx) Section 44513, charter boat operating permit under
22 reciprocal agreement.
23 (xxxi) Section 44517, boat livery operating permit.
24 (xxxii) Section 45503, permit to take frogs for scientific
25 use.
26 (xxxiii) Section 45902, game fish propagation license.
27 (xxxiv) Section 45906, game fish import license.
1 (xxxv) Section 51311, timber harvesting license.
2 (xxxvi) Section 61525, oil or gas well drilling permit.
3 (xxxvii) Section 62509, brine, storage, or waste disposal
4 well drilling or conversion permit or test well drilling permit.
5 (xxxviii) Section 63103c, metallic mineral mining permit.
6 (xxxix) Sections 63524 and 63525, surface coal mining and
7 reclamation permit or revision thereof.
8 (xl) Section 63708, sand dune mining permit.
9 (xli) Section 72108, use permits for Michigan trailway.
10 (xlii) Section 76109, sunken aircraft or watercraft abandoned
11 property recovery permit.
12 (xliii) Section 76504, Mackinac Island motor vehicle and land
13 use permits.
14 (xliv) Section 80159, buoy or beacon permit.
15 (c) "Processing deadline" means the last day of the
16 processing period.
17 (d) "Processing period" means, subject to section 1309, the
18 following time period after receipt of an application for the
19 following permit, as applicable:
20 (i) Ten days, for a permit under section 61525 or 62509.
21 (ii) Thirty days, for a permit under section 9112 or 76109.
22 (iii) Sixty days, for a permit under section 3104, 32312,
23 32503, 32515, or 63103c.
24 (iv) Sixty days, or if a hearing is held, 90 days for a
25 permit under section 30104 or 35304.
26 (v) Sixty days, or if a hearing is held, 120 days for a
27 permit under section 31512.
1 (vi) Ninety days, for a permit under section 11512, a local
2 permit under section 30307, or a permit under section 63525.
3 (vii) Ninety days, or if a hearing is held, 90 days after the
4 hearing, for a state permit under section 30304.
5 (viii) Ninety days after the close of the comment period, or
6 if a hearing is held, 90 days after the hearing for a permit
7 under section 32606.
8 (ix) One hundred and twenty days for a permit under section
9 11509 or 11542.
10 (x) For any other permit, 26 weeks, or if a hearing is held,
11 13 weeks after the hearing.
12 Sec. 1303. (1) An application for a permit shall be
13 submitted to the department in a format to be developed by the
14 department, except as provided in section 30307 with respect to a
15 state wetland permit.
16 (2) The department shall, upon request and without charge,
17 provide a person a copy of all of the following:
18 (a) A blank permit application form.
19 (b) In concise form, any instructions necessary to complete
20 the application.
21 (c) A complete, yet concise, explanation of the permit review
22 process.
23 (3) The department shall post the documents described in
24 subsection (2) on its website.
25 Sec. 1305. (1) By the processing deadline, the department
26 shall approve or deny an administratively complete application
27 for a permit. Approval may be granted with conditions or
1 modifications necessary to achieve compliance with the part of
2 this act under which the permit is issued.
3 (2) A denial of an application for a permit shall include an
4 explanation of the reasons for denial and make specific reference
5 to provisions of this act or rules promulgated under this act
6 providing the basis for denial.
7 (3) Except for permits described in subsection (4), if the
8 department fails to satisfy the requirements of subsection (1),
9 the department shall refund the permit application fee, if any,
10 and shall reduce the application fee for the applicant's next
11 renewal application for the same activity or facility, if any, by
12 15%.
13 (4) If the department fails to satisfy the requirements of
14 subsection (1) with respect to a permit under section 11509,
15 11512, or 30307, the application shall be considered to be
16 approved and the department shall be considered to have made any
17 determination required for approval.
18 Sec. 1307. (1) If the department determines that an
19 application for a permit is not administratively complete, the
20 department shall notify the applicant in writing. The notice
21 shall identify the information necessary to make the application
22 administratively complete. The applicant may submit information
23 necessary to make the application administratively complete.
24 (2) The department shall also notify the applicant under
25 subsection (1) if either of the following applies:
26 (a) After notifying an applicant under subsection (1), the
27 department finds additional reasons for determining that the
1 application is not administratively complete.
2 (b) The applicant submits additional information, but does
3 not submit all of the information previously identified by the
4 department as necessary to make the application administratively
5 complete.
6 (3) If an application is required to be accompanied by a fee,
7 the application is not administratively complete unless the fee
8 has been paid.
9 Sec. 1309. If, within 10 days after receipt of the original
10 application for a permit, the department notifies an applicant
11 under section 1307(1) that the application is not
12 administratively complete, the processing period is tolled from
13 the date notice is given until either of the following, whichever
14 occurs first:
15 (a) The department determines that the application is
16 administratively complete.
17 (b) Ten days have elapsed after the applicant has provided
18 additional information and the department has not notified the
19 applicant under section 1307(2)(b) that the application is still
20 administratively incomplete.
21 Sec. 1311. If a person submits applications for more than 1
22 type of permit for a particular development or project, the
23 department or departments shall process the applications in a
24 coordinated fashion and designate a primary contact person for
25 communications with the applicant on all of the permit
26 applications.
27 Sec. 1313. The director of the department shall submit a
1 report by January 31, 2005 and each year thereafter to the
2 standing committees and appropriations subcommittees of the
3 senate and house of representatives with primary responsibility
4 for issues under the jurisdiction of that department. The report
5 shall include all of the following information for each type of
6 permit for the preceding calendar year:
7 (a) The number of applications for permits the department
8 received.
9 (b) The number of applications approved, the number of
10 applications approved by the processing deadline, and the number
11 of applications approved after the processing deadline.
12 (c) The number of applications denied, the number of
13 applications denied by the processing deadline, and the number of
14 applications denied after the processing deadline.
15 (d) The number of applications that were not administratively
16 complete when received.
17 (e) The number of applications processed as provided in
18 section 1311.
19 (f) The average time for an applicant to respond to a request
20 for information to make an application administratively
21 complete.
22 (g) The amount of money refunded and discounts granted under
23 section 1305.
24 (h) The average and the median amount of time for processing
25 each of the following:
26 (i) Applications the fee for which was refunded under section
27 1305.
1 (ii) Applications the fee for which was discounted under
2 section 1305.
3 Sec. 3104. (1) The department is designated the state
4 agency to cooperate and negotiate with other governments,
5 governmental units, and governmental agencies in matters
6 concerning the water resources of the state, including, but not
7 limited to, flood control, beach erosion control, and water
8 quality control planning, development, and management. The
9 department shall have control over the alterations of natural or
10 present watercourses of all rivers and streams in the state to
11 assure that the channels and the portions of the floodplains that
12 are the floodways are not inhabited and are kept free and clear
13 of interference or obstruction that will cause any undue
14 restriction of the capacity of the floodway. The department may
15 take steps as may be necessary to take advantage of any act of
16 congress that may be of assistance in carrying out the purposes
17 of this part, including
the water resources planning act, Public
18 Law 89-80, 42 U.S.C.
1962 to 1962-1 and 1962a 42 USC
1962 to
19 1962d-3, and the federal
water pollution control act, chapter
20 758, 86 Stat. 816, 33
U.S.C. 1251 to 1252, 1253 to 1254, 1255 to
21 1257, 1258 to 1263,
1265 to 1270, 1273 to 1274, 1281, 1282 to
22 1293, 1294 to 1301,
1311 to 1313, 1314 to 1330, 1341 to 1346,
23 1361 to 1375, 1376 to
1377, and 1381 33 USC 1251 to
1387.
24 (2) The department shall report to the governor and to the
25 legislature at least annually on any plans or projects being
26 implemented or considered
for implementation. and shall include
27 in the The report shall include requests for
any legislation
1 needed to implement any proposed projects or agreements made
2 necessary as a result of a plan or project, together with any
3 requests for appropriations. The department may make
4 recommendations to the governor on the designation of areawide
5 water quality planning regions and organizations relative to the
6 governor's responsibilities under the federal water pollution
7 control act, 33 USC 1251 to 1387.
8 (3) A person shall submit
an application for a permit to
9 alter a floodplain on
a form approved by the department and not
10 alter a floodplain except as authorized by a floodplain permit
11 issued by the department pursuant to part 13. An application for
12 a permit shall include information that may be required by the
13 department to assess the proposed alteration's impact on the
14 floodplain. If an alteration includes activities at multiple
15 locations in a floodplain, 1 application may be filed for
16 combined activities.
17 (4) Except as provided in subsections (5), (6), and (8),
18 until October 1, 2008, an application for a floodplain permit
19 shall be accompanied by a fee of $500.00. Until October 1, 2008,
20 if the department determines that engineering computations are
21 required to assess the impact of a proposed floodplain alteration
22 on flood stage or discharge characteristics, the department shall
23 assess the applicant an additional $1,500.00 to cover the
24 department's cost of review.
25 (5) Until October 1, 2008, an application for a floodplain
26 permit for a minor project category shall be accompanied by a fee
27 of $100.00. Minor project categories shall be established by
1 rule and shall include activities and projects that are similar
2 in nature and have minimal potential for causing harmful
3 interference.
4 (6) If work has been done in violation of a permit
5 requirement under this part and restoration is not ordered by the
6 department, the department may accept an application for a permit
7 for that work if the application is accompanied by a fee equal to
8 2 times the permit fee required under subsection (4) or (5).
9 (7) The department shall forward fees collected under this
10 section to the state treasurer for deposit in the land and water
11 management permit fee fund created in section 30113.
12 (8) A project that requires review and approval under this
13 part and 1 or more of the following is subject to only the single
14 highest permit fee required under this part or the following:
15 (a) Part 301.
16 (b) Part 303.
17 (c) Part 323.
18 (d) Part 325.
19 (e) Section 117 of the land division act, 1967 PA 288, MCL
20 560.117.
21 Sec. 3113. (1) A
person who seeks shall not make a new or
22 increased use of the waters of the state for sewage or other
23 waste disposal purposes shall
file with the department an
24 application setting
forth except as authorized by a
permit
25 issued by the department pursuant to part 13. An application for
26 a permit shall include the information required by the
27 department, including the nature of the enterprise or development
1 contemplated, the amount of water required to be used, its
2 source, the proposed point of discharge of the wastes into the
3 waters of the state, the estimated amount to be discharged, and a
4 statement setting forth the expected bacterial, physical,
5 chemical, and other known characteristics of the wastes.
6 (2) Within 180
days after receipt of a complete application,
7 the department shall
either grant or deny a permit, unless the
8 applicant and the
department agree to extend this time period.
9 If a permit is granted, the department shall condition the permit
10 upon such restrictions that the department considers necessary to
11 adequately guard against unlawful uses of the waters of the state
12 as are set forth in section 3109.
13 (3) If the permit or denial of a new or increased use is not
14 acceptable to the permittee, the applicant, or any other person,
15 the permittee, the applicant, or other person may file a sworn
16 petition with the department setting forth the grounds and
17 reasons for the complaint and asking for a contested case hearing
18 on the matter pursuant to the administrative procedures act of
19 1969, Act No. 306 of
the Public Acts of 1969, being sections
20 24.201 to 24.328 of
the Michigan Compiled Laws 1969
PA 306, MCL
21 24.201 to 24.328. A petition filed more than 60 days after
22 action on the permit application may be rejected by the
23 commission department as being untimely.
24 Sec. 3503. The
department may grant permits for the
25 drainage, diversion A person shall not drain, divert, control,
26 or use of water when
necessary water for the operation of a
27 low-grade iron ore mining
property . The operator of the
1 low-grade iron ore
mining property may make application for the
2 permit to the
department in the form prescribed by the
3 department. The
application shall contain except
as authorized
4 by a permit issued by the department pursuant to part 13. An
5 application for a permit shall include information and data as
6 may be prescribed by the department in its rules and
7 regulations. Not later than 60 days following receipt of an
8 application, the department shall fix the time and place for a
9 public hearing on the application and shall publish notice of the
10 hearing. The notice shall be published twice in each county
11 involved in at least 1 newspaper of general circulation in the
12 county. At the hearing, the applicant and any other interested
13 party may appear, present witnesses, and submit evidence.
14 Following the hearing, the department may grant the permit and
15 publish notice of the granting of the permit, in the manner
16 provided for publication of notice of hearing, upon finding the
17 following conditions:
18 (a) That the proposed drainage, diversion, control, or use of
19 waters is necessary for the mining of substantial deposits of
20 low-grade iron ore, and that other feasible and economical
21 methods of obtaining a continuing supply of water for that
22 purpose are not available to the applicant.
23 (b) That the proposed drainage, diversion, control, or use of
24 waters will not unreasonably impair the interests of the public
25 or of riparians in lands or waters or the beneficial public use
26 of lands, and will not endanger the public health or safety.
27 Sec. 4105. (1) The mayor of each city, the president of
1 each village, the township supervisor of each township, the
2 responsible executive officer of a governmental agency, and all
3 other persons operating sewerage systems in this state shall file
4 with the department a true copy of the plans and specifications
5 of the entire sewerage system owned or operated by that person,
6 including any filtration or other purification plant or treatment
7 works as may be operated in connection with the sewerage system,
8 and also plans and specifications of all alterations, additions,
9 or improvements to the systems that may be made. The plans and
10 specifications shall, in
addition to all other things
11 requirements, show all the sources through or from which water is
12 or may be at any time pumped or otherwise permitted to enter into
13 the sewerage system, and the drain, watercourse, river, or lake
14 into which sewage is to be discharged. The plans and
15 specifications shall be
certified by the mayor and city engineer
16 of a city, by the
president and engineer if employed for a
17 village, by the proper
officer and the engineer employed by any
18 other governmental
agency, association, or private corporation
19 for the governmental
agency, association, or private corporation,
20 and by an individual
member of a partnership, or by the
21 individual owner of a
sewerage system owned and operated by a
22 partnership or 1 or
more individuals, including the engineer
23 employed, if any.
Before constructing a sewerage system,
24 filtration or other
purification plant, or treatment works or any
25 alteration, addition,
or improvement to the system or plant, the
26 mayor of each city,
the president of each village, and the
27 responsible official
of all other governmental agencies,
1 associations, private
corporations, and partnerships or
2 individuals shall
submit the plans and specifications to the
3 department and secure
from the department a permit for
4 construction. The
department may promulgate and enforce rules
5 regarding the
preparation and submission of plans and
6 specifications and for
the issuance and period of validity of
7 construction permits
for the work. A contractor, builder,
8 governmental agency,
corporation, association, partnership, or
9 individual shall not
engage in or commence the construction of a
10 sewerage system,
filtration or other purification plant, or
11 treatment works or an
alteration, addition, or improvement until
12 a valid permit for the
construction is secured from the
13 department. An official
of the governmental agency, corporation,
14 association,
partnership, or individual shall not issue a voucher
15 or check, or in any
other way expend the money of the
16 governmental agency,
corporation, association, partnership, or
17 individual, for the
construction unless a valid permit issued by
18 the department is in
effect of a city, the president
of a
19 village, a responsible member of a partnership, an individual
20 owner, or the proper officer of any other person that operates a
21 sewerage system, as well as by the engineer, if any are employed
22 by any such operator.
23 (2) A person shall not construct a sewerage system or any
24 filtration or other purification plant or treatment works in
25 connection with a sewerage system except as authorized by a
26 construction permit issued by the department pursuant to part
27 13. A person shall not issue a voucher or check or otherwise
1 expend money for such construction unless such a permit has been
2 issued. An application for a permit shall be submitted by the
3 mayor of a city, the president of a village, a responsible member
4 of a partnership, an individual owner, or the proper officer of
5 any other person proposing the construction. An application for
6 a permit shall include plans and specifications as described in
7 subsection (1).
8 (3) (2) A
municipal officer or an officer or agent of a
9 governmental agency, corporation, association, partnership, or
10 individual who permits or allows construction to proceed on a
11 sewerage works without a valid permit, or in a manner not in
12 accordance with the plans and specifications approved by the
13 department, is guilty of a misdemeanor punishable by a fine of
14 not more than $500.00 or imprisonment for not more than 90 days,
15 or both.
16 Sec. 6516. (1) A person shall not engage in the business of
17 inspecting motor vehicles
under this part unless the person has
18 received except as authorized by a license to operate a
testing
19 station from the
department issued by the department pursuant
20 to part 13.
21 (2) A person shall not be licensed to operate a testing
22 station unless the person has an established place of business
23 where inspections are to be performed during regular business
24 hours, where records required by this part and the rules
25 promulgated under this part are to be maintained, and that is
26 equipped with an instrument or instruments of a type that comply
27 with and are capable of performing inspections of motor vehicles
1 under this part.
2 (3) A person licensed as a testing station shall perform
3 inspections under this part at the established place of business
4 for which the person is licensed. A person shall inform the
5 department immediately of a change in the address of an
6 established place of business at which the person is licensed as
7 a testing station.
8 (4) A person shall obtain a separate license and pay a
9 separate fee for each established place of business at which a
10 testing station is to be operated.
11 (5) A testing station may establish and operate mobile or
12 temporary testing station locations if they meet all of the
13 following conditions:
14 (a) The instrument used at the mobile or temporary location
15 is capable of meeting the performance specifications for
16 instruments set forth in rules promulgated under this part while
17 operating in the mobile or temporary station environment.
18 (b) The owner of a motor vehicle inspected at the mobile or
19 temporary location shall be provided with a free reinspection of
20 the motor vehicle, at the established place of business of the
21 testing station or at any mobile or temporary testing station
22 location operated by the testing station.
23 (c) Personnel at the licensed established place of business
24 location shall, at all times, know the location and hours of
25 operation of the mobile or temporary testing station or
26 stations.
27 (d) The records required by this part and the rules
1 promulgated under this part relating to inspections performed and
2 the instrument or instruments used at a mobile or temporary
3 testing station shall be maintained at a single established place
4 of business that is licensed as a testing station.
5 (e) The documents printed as required by the rules
6 promulgated under this part by an instrument used at a mobile or
7 temporary testing station location shall contain the testing
8 station number and the name, address, and telephone number of the
9 testing station's established place of business.
10 (6) A testing station may use remote sensing devices as a
11 complement to testing otherwise required by this part.
12 (7) A testing station shall not cause or permit an inspection
13 of a motor vehicle to be performed by a person other than an
14 emission inspector using an instrument of a type that complies
15 with the rules promulgated under this part.
16 (8) A testing station shall display a valid testing station
17 license issued by the department in a place and manner
18 conspicuous to its customers.
19 Sec. 6517. (1)
Application for original and replacement
20 testing station
licenses shall be submitted on forms provided by
21 the department.
22 (1) (2) An
applicant application for a testing station
23 license shall submit
to the department include a description of
24 the business to be
licensed. , which The description shall
25 include, in addition to other information required by this part
26 and the rules promulgated under this part, all of the following:
27 (a) The repair facility registration number issued to the
1 applicant if the applicant is licensed under the motor vehicle
2 service and repair act, Act
No. 300 of the Public Acts of 1974,
3 being sections
257.1301 to 257.1340 of the Michigan Compiled
4 Laws 1974 PA 300, MCL 257.1301 to 257.1340.
5 (b) The name of the business and the address of the business
6 location for which a testing station license is being sought.
7 (c) The name and address of each owner of the business in the
8 case of a sole proprietorship or a partnership and, in the case
9 of a corporation, the name and address of each officer and
10 director and of each owner of 25% or more of the corporation.
11 (d) The name of and identification number issued by the
12 department of for
each emission inspector employed by the
13 applicant.
14 (e) A description, including the model and serial number, of
15 each instrument to be used by the applicant to perform
16 inspections or reinspections under this part and the rules
17 promulgated under this part and the date the instrument was
18 purchased by the applicant.
19 (f) The estimated capacity of the applicant to perform
20 inspections.
21 (2) (3) The
fee for a testing station license is $50.00 and
22 shall accompany the application for a license submitted to the
23 department.
24 (3) (4) A
testing station license shall take effect on the
25 date it is approved by the department and shall remain in effect
26 until this part expires, the license is surrendered by the
27 station, revoked or suspended by the department, or until the
1 motor vehicle repair facility registration of the business has
2 been revoked or suspended by the department of state, surrendered
3 by the facility, or has expired without timely renewal.
4 (4) (5) If
a testing station license has expired by reason
5 of surrender, revocation, or expiration of repair facility
6 registration, the business shall not resume operation as a
7 testing station until the repair facility registration has been
8 reinstated and a new, original application for a testing station
9 license has been received and approved by the department and a
10 new license fee paid.
11 (5) (6) When
the repair facility registration has been
12 suspended, the testing station may resume operation without a new
13 application when the repair facility registration suspension has
14 ended.
15 Sec. 6521. (1) A fleet owner or lessee shall not perform
16 inspections under this part or the rules promulgated under this
17 part unless the fleet
owner or lessee has received from the
18 department under a permit to operate a fleet testing
station
19 issued by the department pursuant to part 13.
20 (2) A person shall not receive a permit to operate a fleet
21 testing station unless the person has an established location
22 where inspections are to be performed, where records required by
23 this part and the rules promulgated under this part are to be
24 maintained, that is equipped with an instrument or instruments of
25 a type that comply with this part or the rules promulgated under
26 this part, and that is capable of performing inspections of motor
27 vehicles under this part and the rules promulgated under this
1 part.
2 (3) A person with a permit to operate a fleet testing station
3 shall perform inspections under this part and the rules
4 promulgated under this part only at the established location for
5 which the person has the permit. A person shall inform the
6 department immediately of a change in the address of the
7 established location for which the person has a permit to operate
8 a fleet testing station.
9 (4) A fleet testing station shall not cause or permit an
10 inspection of a motor vehicle to be performed by a person other
11 than an emission inspector using an instrument of a type that
12 complies with the rules promulgated under this part.
13 (5) Applications
for original and replacement fleet testing
14 station permits shall
be submitted on forms provided by the
15 department.
16 (5) (6) An
applicant application for a fleet testing
17 station shall submit
to the department include a description of
18 the operation to be
licensed. , which The description shall
19 include, in addition to other information required by this part
20 and the rules promulgated under this part, all of the following:
21 (a) The name of the business and the address of the location
22 for which a fleet testing station permit is being sought.
23 (b) The name and address of each owner of the business in the
24 case of a sole proprietorship or a partnership and, in the case
25 of a corporation, the name and address of each officer and
26 director and of each owner of 25% or more of the corporation.
27 (c) The name of and identification number issued by the
1 department of for
each emission inspector employed by the
2 applicant.
3 (d) A description, including the model and serial number of
4 each instrument to be used by the applicant to perform
5 inspections or reinspections under this part and the rules
6 promulgated under this part, and the date the equipment was
7 purchased by the applicant.
8 (e) A description of the fleet to be inspected, including the
9 number and types of motor vehicles.
10 (f) A statement signed by the applicant certifying that the
11 applicant maintains and repairs, on a regular basis, the fleet
12 vehicles owned by the applicant.
13 (6) (7) A
fleet testing station permit shall take effect on
14 the date it is approved by the department and shall expire 1 year
15 from that date. A fleet testing station permit shall be renewed
16 automatically, unless the fleet testing station informs the
17 department not to renew it or unless the department has revoked
18 the permit.
19 (7) (8) A
person shall obtain a separate permit for each
20 location at which fleet inspections are performed.
21 (8) (9) By
the fifteenth day of each month, each fleet
22 testing station shall remit $1.00 for each vehicle inspected
23 during the preceding month to the department of treasury for
24 deposit in the motor vehicle emissions testing program fund.
25 Sec. 8308. The director may do all of the following:
26 (a) Issue an experimental permit to a person applying for
27 that permit, pursuant to part 13, if the director determines that
1 the permit is necessary for the applicant to accumulate
2 information necessary to register a pesticide.
3 (b) Prescribe terms, conditions, and the period of time the
4 pesticide may be used under the experimental permit, which shall
5 be under the supervision of the director.
6 (c) Revoke an experimental permit when its terms or
7 conditions are violated or its terms and conditions are
8 inadequate to avoid unreasonable adverse effects on the
9 environment.
10 Sec. 8310. (1) A restricted
use pesticide dealer shall
11 obtain person shall not engage in distributing, selling,
or
12 offering for sale restricted use pesticides to the ultimate user
13 except as authorized under an annual license for each place of
14 business issued by the department pursuant to part 13.
15 (2) The applicant for a license under subsection (1) shall be
16 the person in charge of each business location. The applicant
17 shall demonstrate by written examination his or her knowledge of
18 laws and rules governing the use and sale of restricted use
19 pesticides.
20 (3) A restricted use pesticide dealer shall forward to the
21 director a record of all sales of restricted use pesticides on
22 forms provided by the director as required by rule. Restricted
23 use pesticide dealers shall keep copies of the records on file
24 for 2 years. These records are subject to inspection by an
25 authorized agent of the director. The records shall, upon
26 request, be supplied in summary form to other state agencies.
27 The summary shall include the name and address of the restricted
1 use pesticide dealer, the name and address of the purchaser, the
2 name of the pesticide sold, and, in an emergency, the quantity
3 sold. Information may not be made available to the public if, in
4 the discretion of the director, release of that information could
5 have a significant adverse effect on the competitive position of
6 the dealer, distributor, or manufacturer.
7 (4) A restricted use pesticide dealer shall sell or
8 distribute restricted use pesticides for use only by applicators
9 certified under this part.
10 (5) The director may deny, suspend, or revoke a restricted
11 use pesticide dealer's license for any violation of this part
12 committed by the dealer or the dealer's officer, agent, or
13 employee.
14 (6) A restricted use pesticide dealer shall maintain and
15 submit to the department records of all restricted use pesticide
16 sales to private applicators and the intended county of
17 application for those pesticides.
18 (7) Information collected in subsection (6) is confidential
19 business information and is not subject to the freedom of
20 information act, 1976 PA 442, MCL 15.231 to 15.246.
21 Sec. 8504. (1) A person shall not manufacture or distribute
22 fertilizer in this state, except specialty fertilizer and soil
23 conditioners, until the appropriate groundwater protection fee
24 provided in section 8715 has been submitted, and except as
25 authorized by a license
to manufacture or distribute has been
26 obtained by the
manufacturer or distributor from the department
27 upon issued by the department pursuant to part 13. An
1 application for a license shall be accompanied by a payment of a
2 fee of $100.00 for each of the following:
3 (a) For each Each
fixed location at which fertilizer is
4 manufactured in this state.
5 (b) For each Each
mobile unit used to manufacture
6 fertilizer in this state.
7 (c) For each Each
location out of the state that applies
8 labeling showing out-of-state origin of fertilizer distributed in
9 this state to nonlicensees.
10 (2) An application for a license to manufacture or distribute
11 fertilizer shall include:
12 (a) The name and address of the applicant.
13 (b) The name and address of each bulk distribution point in
14 the state not licensed for fertilizer manufacture or
15 distribution. The name and address shown on the license shall be
16 shown on all labels, pertinent invoices, and bulk storage for
17 fertilizers distributed by the licensee in this state.
18 (3) The licensee shall inform the director in writing of
19 additional distribution points established during the period of
20 the license.
21 (4) A distributor shall
not be is not required to obtain a
22 license if the distributor is selling fertilizer of a distributor
23 or a manufacturer licensed under this part.
24 (5) All licenses to manufacture or distribute fertilizer
25 expire on December 31 of each year.
26 Sec. 9112. (1) A person shall not maintain or undertake an
27 earth change governed by this part, the rules promulgated under
1 this part, or an applicable local ordinance, except in accordance
2 with this part and the rules promulgated under this part or with
3 the applicable local
ordinance, and pursuant to a permit
4 approved except as authorized by a permit issued by the
5 appropriate county enforcing agency or municipal enforcing agency
6 pursuant to part 13. A
county enforcing agency or municipal
7 enforcing agency shall
approve or deny an application for a
8 permit within 30 days
after the filing of a complete application
9 for a permit.
10 (2) If in the opinion of the department a person, including
11 an authorized public agency, violates this part, the rules
12 promulgated under this part, or an applicable local ordinance, or
13 a county enforcing agency or municipal enforcing agency fails to
14 enforce this part, the rules promulgated under this part, or an
15 applicable local ordinance, the department may notify the alleged
16 offender in writing of its determination. If the department
17 places a county on probation under section 9105, a municipality
18 is not approved under section 9106, or a state agency or agency
19 of a local unit of government is not approved under section 9110,
20 or if the department determines that a municipal enforcing agency
21 or authorized public agency is not satisfactorily administering
22 and enforcing this part and rules promulgated under this part,
23 the department shall notify the county, municipality, state
24 agency, or agency of a local unit of government in writing of its
25 determination or action. The notice shall contain, in addition
26 to a statement of the specific violation or failure that the
27 department believes to exist, a proposed order, stipulation for
1 agreement, or other action that the department considers
2 appropriate to assure timely correction of the violation or
3 failure. The notice shall set a date for a hearing not less than
4 4 nor more than 8 weeks from the date of the notice of
5 determination. Extensions of the date of the hearing may be
6 granted by the department or on request. At the hearing, any
7 interested party may appear, present witnesses, and submit
8 evidence. A person who has been served with a notice of
9 determination may file a written answer to the notice of
10 determination before the date set for hearing or at the hearing
11 may appear and present oral or written testimony and evidence on
12 the charges and proposed requirements of the department to assure
13 correction of the violation or failure. If a person served with
14 the notice of determination agrees with the proposed requirements
15 of the department and notifies the department of that agreement
16 before the date set for the hearing, disposition of the case may
17 be made with the approval of the department by stipulation or
18 consent agreement without further hearing. The final order of
19 determination following the hearing, or the stipulation or
20 consent order as authorized by this section and approved by the
21 department, is conclusive unless reviewed in accordance with the
22 administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
23 24.328, in the circuit court of Ingham county, or of the county
24 in which the violation occurred, upon petition filed within 15
25 days after the service upon the person of the final order of
26 determination.
27 Sec. 11509. (1) Except as otherwise provided in section
1 11529, a person otherwise
allowed under this part to own or
2 operate a solid waste
disposal area shall not establish a
3 disposal area without
a construction permit from the
4 department, except as authorized by a construction permit
issued
5 by the department pursuant to part 13. In addition, a person
6 shall not establish a disposal area contrary to an approved solid
7 waste management plan, or contrary to a permit, license, or final
8 order issued pursuant to this part. A person proposing the
9 establishment of a disposal area shall apply for a construction
10 permit to the department
through the health officer. on a form
11 provided by the
department. If the disposal area is
located in a
12 county or city that does not have a certified health department,
13 the application shall be made directly to the department.
14 (2) The application for a construction permit shall contain
15 the name and residence of the applicant, the location of the
16 proposed disposal area, the design capacity of the disposal area,
17 and other information specified by rule. A person may apply to
18 construct more than 1 type of disposal area at the same facility
19 under a single permit. The application shall be accompanied by
20 an engineering plan and a construction permit application fee. A
21 construction application
permit application for a landfill
22 shall be accompanied by a fee in an amount that is the sum of all
23 of the applicable
fees in this subsection following fees, as
24 applicable:
25 (a) For a new sanitary landfill, a fee equal to the following
26 amount:
27 (i) For a municipal solid waste landfill, $1,500.00.
1 (ii) For an industrial waste landfill, $1,000.00.
2 (iii) For a type III landfill limited to low hazard
3 industrial waste, $750.00.
4 (b) For a lateral expansion of a sanitary landfill, a fee
5 equal to the following amount:
6 (i) For a municipal solid waste landfill, $1,000.00.
7 (ii) For an industrial waste landfill, $750.00.
8 (iii) For a type III landfill limited to low hazard
9 industrial waste, construction and demolition waste, or other
10 nonindustrial waste, $500.00.
11 (c) For a vertical expansion of an existing sanitary
12 landfill, a fee equal to the following amount:
13 (i) For a municipal solid waste landfill, $750.00.
14 (ii) For an industrial waste landfill, $500.00.
15 (iii) For an industrial waste landfill limited to low hazard
16 industrial waste, construction and demolition waste, or other
17 nonindustrial waste, $250.00.
18 (3) The application for a construction permit for a solid
19 waste transfer facility, a solid waste processing plant, other
20 disposal area, or a combination of these, shall be accompanied by
21 a fee in the following amount:
22 (a) For a new facility for municipal solid waste, or a
23 combination of municipal solid waste and waste listed in
24 subdivision (b), $1,000.00.
25 (b) For a new facility for industrial waste, or construction
26 and demolition waste, $500.00.
27 (c) For the expansion of an existing facility for any type of
1 waste, $250.00.
2 (4) If an application is returned to the applicant as
3 administratively incomplete, the department shall refund the
4 entire fee. If a permit is denied or an application is
5 withdrawn, the department shall refund 1/2 the amount specified
6 in subsection (3) to the applicant. An applicant for a
7 construction permit, within 12 months after a permit denial or
8 withdrawal, may resubmit the application and the refunded portion
9 of the fee, together with the additional information as needed to
10 address the reasons for denial, without being required to pay an
11 additional application fee.
12 (5) An application for a modification to a construction
13 permit or for renewal of a construction permit which has expired
14 shall be accompanied by a fee of $250.00. Increases in final
15 elevations that do not result in an increase in design capacity
16 or a change in the solid waste boundary shall be considered a
17 modification and not a vertical expansion.
18 (6) A person who applies to permit more than 1 type of
19 disposal area at the same facility shall pay a fee equal to the
20 sum of the applicable fees listed in this section.
21 (7) The department shall deposit permit application fees
22 collected under this section in the solid waste staff account of
23 the solid waste management fund established in section 11550.
24 Sec. 11511. (1) The
department shall make a final decision
25 as to whether to issue
a construction permit within 120 days
26 after the department
receives an administratively complete
27 application. The
decision of the department and the reasons for
1 the decision shall be
in writing with specific reference to this
2 part or rules
promulgated under this part for any substantiation
3 of denial of the
permit application and shall be sent by
4 first-class mail to The department shall notify the clerk of the
5 municipality in which the disposal area is proposed to be located
6 and to the
applicant of its approval or denial of an
7 application for a construction permit within 10 days after the
8 final decision is made. If
the department fails to make a final
9 decision within 120
days, the permit shall be considered issued.
10 (2) A construction permit shall expire 1 year after the date
11 of issuance, unless development under the construction permit is
12 initiated within that year. A construction permit that has
13 expired may be renewed upon payment of a permit renewal fee and
14 submission of any additional information the department may
15 require.
16 (3) Except as otherwise provided in this subsection, the
17 department shall not issue a construction permit for a disposal
18 area within a planning area unless a solid waste management plan
19 for that planning area has been approved pursuant to sections
20 11536 and 11537 and unless the disposal area complies with and is
21 consistent with the approved solid waste management plan. The
22 department may issue a construction permit for a disposal area
23 designed to receive ashes produced in connection with the
24 combustion of fossil fuels for electrical power generation in the
25 absence of an approved county solid waste management plan, upon
26 receipt of a letter of approval from whichever county or
27 counties, group of municipalities, or regional planning agency
1 has prepared or is preparing the county solid waste management
2 plan for that planning area under section 11533 and from the
3 municipality in which the disposal area is to be located.
4 Sec. 11512. (1) A person shall dispose of solid waste at a
5 disposal area licensed under this part unless a person is
6 permitted by state law or rules promulgated by the department to
7 dispose of the solid waste at the site of generation.
8 (2) Except as otherwise provided in this section or in
9 section 11529, a person shall not conduct, manage, maintain, or
10 operate a disposal area
within this state without a license from
11 the department, except as authorized by an operating license
12 issued by the department pursuant to part 13. In addition, a
13 person shall not conduct, manage, maintain, or operate a disposal
14 area contrary to an approved solid waste management plan, or
15 contrary to a permit, license, or final order issued under this
16 part. A person who intends to conduct, manage, maintain, or
17 operate a disposal area shall submit a license application to the
18 department through a
certified health department. on a form
19 provided by the
department. If the disposal area is
located in a
20 county or city that does not have a certified health department,
21 the application shall be made directly to the department. A
22 person authorized by this part to operate more than 1 type of
23 disposal area at the same facility may apply for a single
24 license.
25 (3) The application for a license shall contain the name and
26 residence of the applicant, the location of the proposed or
27 existing disposal area, the type or types of disposal area
1 proposed, evidence of bonding, and other information required by
2 rule. In addition, an applicant for a type II landfill shall
3 submit evidence of financial assurance adequate to meet the
4 requirements of section 11523a, the maximum waste slope in the
5 active portion, an estimate of remaining permitted capacity, and
6 documentation on the amount of waste received at the disposal
7 area during the previous license period or expected to be
8 received, whichever is greater. The application shall be
9 accompanied by a fee as specified in subsections (7), (9), and
10 (10).
11 (4) At the time of application for a license for a disposal
12 area, the applicant shall submit to a health officer or the
13 department a certification under the seal of a licensed
14 professional engineer verifying that the construction of the
15 disposal area has proceeded according to the approved plans. If
16 construction of the disposal area or a portion of the disposal
17 area is not complete, the department shall require additional
18 construction certification of that portion of the disposal area
19 during intermediate progression of the operation, as specified in
20 section 11516(5).
21 (5) An applicant for an operating license, within 6 months
22 after a license denial, may resubmit the application, together
23 with additional information or corrections as are necessary to
24 address the reason for denial, without being required to pay an
25 additional application fee.
26 (6) In order to conduct tests and assess operational
27 capabilities, the owner or operator of a municipal solid waste
1 incinerator that is designed to burn at a temperature in excess
2 of 2500 degrees Fahrenheit may operate the incinerator without an
3 operating license, upon notice to the department, for a period
4 not to exceed 60 days.
5 (7) The application for a type II landfill operating license
6 shall be accompanied by the following fee for the 5-year term of
7 the operating license, calculated in accordance with subsection
8 (8):
9 (a) Landfills receiving less than 100 tons per day, $250.00.
10 (b) Landfills receiving 100 tons per day or more, but less
11 than 250 tons per day, $1,000.00.
12 (c) Landfills receiving 250 tons per day or more, but less
13 than 500 tons per day, $2,500.00.
14 (d) Landfills receiving 500 tons per day or more, but less
15 than 1,000 tons per day, $5,000.00.
16 (e) Landfills receiving 1,000 tons per day or more, but less
17 than 1,500 tons per day, $10,000.00.
18 (f) Landfills receiving 1,500 tons per day or more, but less
19 than 3,000 tons per day, $20,000.00.
20 (g) Landfills receiving greater than 3,000 tons per day,
21 $30,000.00.
22 (8) Type II landfill application fees shall be based on the
23 average amount of waste projected to be received daily during the
24 license period. Application fees for license renewals shall be
25 based on the average amount of waste received in the previous
26 calendar year. Application fees shall be adjusted in the
27 following circumstances:
1 (a) If a landfill accepts more waste than projected, a
2 supplemental fee equal to the difference shall be submitted with
3 the next license application.
4 (b) If a landfill accepts less waste than projected, the
5 department shall credit the applicant an amount equal to the
6 difference with the next license application.
7 (c) A type II landfill that measures waste by volume rather
8 than weight shall pay a fee based on 3 cubic yards per ton.
9 (d) A landfill used exclusively for municipal solid waste
10 incinerator ash that measures waste by volume rather than weight
11 shall pay a fee based on 1 cubic yard per ton.
12 (e) If an application is submitted to renew a license more
13 than 1 year prior to license expiration, the department shall
14 credit the applicant an amount equal to 1/2 the application fee.
15 (f) If an application is submitted to renew a license more
16 than 6 months but less than 1 year prior to license expiration,
17 the department shall credit the applicant an amount equal to 1/4
18 the application fee.
19 (9) The operating license application for a type III landfill
20 shall be accompanied by a fee equal to $2,500.00.
21 (10) The operating license application for a solid waste
22 processing plant, solid waste transfer facility, other disposal
23 area, or combination of these entities shall be accompanied by a
24 fee equal to $500.00.
25 (11) The department shall deposit operating license
26 application fees collected under this section in the perpetual
27 care account of the solid waste management fund established in
1 section 11550.
2 (12) A person who applies for an operating license for more
3 than 1 type of disposal area at the same facility shall pay a fee
4 equal to the sum of the applicable application fees listed in
5 this section.
6 Sec. 11516. (1) Subject
to subsection (4), the The
7 department shall conduct
a consistency review and make before
8 making a final decision
on a license application. within 90 days
9 after the department
receives an administratively complete
10 application. The
decision of the department and the reasons for
11 the decision shall be
documented in writing with specific
12 reference to this part
or rules promulgated under this part and
13 shall be sent by
first-class mail to The
department shall notify
14 the clerk of the municipality in which the disposal area is
15 located and to the
applicant of its approval or denial of a
16 license application within 10 days after the final decision is
17 made. If the
department fails to make a final decision within
18 90 days, the license
is considered issued.
19 (2) An operating license shall expire 5 years after the date
20 of issuance. An operating license may be renewed before
21 expiration upon payment of a renewal application fee specified in
22 section 11512(8) if the licensee is in compliance with this part
23 and the rules promulgated under this part.
24 (3) The issuance of the operating license under this part
25 empowers the department or a health officer or an authorized
26 representative of a health officer to enter at any reasonable
27 time, pursuant to law, in or upon private or public property
1 licensed under this part for the purpose of inspecting or
2 investigating conditions relating to the storage, processing, or
3 disposal of any material.
4 (4) Except as otherwise provided in this subsection, the
5 department shall not issue an operating license for a new
6 disposal area within a planning area unless a solid waste
7 management plan for that planning area has been approved pursuant
8 to sections 11536 and 11537 and unless the disposal area complies
9 with and is consistent with the approved solid waste management
10 plan. The department may issue an operating license for a
11 disposal area designed to receive ashes produced in connection
12 with the combustion of fossil fuels for electrical power
13 generation in the absence of an approved county solid waste
14 management plan, upon receipt of a letter of approval from
15 whichever county or counties, group of municipalities, or
16 regional planning agency has prepared or is preparing the county
17 solid waste management plan for that planning area under section
18 11533 and from the municipality in which the disposal area is to
19 be located.
20 (5) Issuance of an operating license by the department
21 authorizes the licensee to accept waste for disposal in certified
22 portions of the disposal area for which a bond was established
23 under section 11523 and, for type II landfills, for which
24 financial assurance was demonstrated under section 11523a. If
25 the construction of a portion of a landfill licensed under this
26 section is not complete at the time of license application, the
27 owner or operator of the landfill shall submit a certification
1 under the seal of a licensed professional engineer verifying that
2 the construction of that portion of the landfill has proceeded
3 according to the approved plans at least 60 days prior to the
4 anticipated date of waste disposal in that portion of the
5 landfill. If the department does not deny the certification
6 within 60 days of receipt, the owner or operator may accept waste
7 for disposal in the certified portion. In the case of a denial,
8 the department shall issue a written statement stating the
9 reasons why the construction or certification is not consistent
10 with this part or rules promulgated under this part or the
11 approved plans.
12 Sec. 11542. (1)
Except as provided in subsection (9) (5),
13 municipal solid waste incinerator ash shall be disposed of in 1
14 of the following:
15 (a) A landfill that meets all of the following requirements:
16 (i) The landfill is in compliance with this part and the
17 rules promulgated under this part.
18 (ii) The landfill is used exclusively for the disposal of
19 municipal solid waste incinerator ash.
20 (iii) The landfill design includes all of the following in
21 descending order according to their placement in the landfill:
22 (A) A leachate collection system.
23 (B) A synthetic liner at least 60 mils thick.
24 (C) A compacted clay liner of 5 feet or more with a maximum
25 hydraulic conductivity of 1 x 10 -<UP7> centimeters per second.
26 (D) A leak detection and leachate collection system.
27 (E) A compacted clay liner at least 3 feet thick with a
1 maximum hydraulic conductivity of 1 x 10 -<UP7> centimeters per
2 second or a synthetic liner at least 40 mils thick.
3 (b) A landfill that meets all of the following requirements:
4 (i) The landfill is in compliance with this part and the
5 rules promulgated under this part.
6 (ii) The landfill is used exclusively for the disposal of
7 municipal solid waste incinerator ash.
8 (iii) The landfill design includes all of the following in
9 descending order according to their placement in the landfill:
10 (A) A leachate collection system.
11 (B) A composite liner, as defined in R 299.4102 of the
12 Michigan administrative code.
13 (C) A leak detection and leachate collection system.
14 (D) A second composite liner.
15 (iv) If contaminants that may threaten the public health,
16 safety, or welfare, or the environment are found in the leachate
17 collection system described in subparagraph (iii)(C), the owner
18 or operator of the landfill shall determine the source and nature
19 of the contaminants and make repairs, to the extent practicable,
20 that will prevent the contaminants from entering the leachate
21 collection system. If the department determines that the source
22 of the contaminants is caused by a design failure of the
23 landfill, the department, notwithstanding an approved
24 construction permit or operating license, may require landfill
25 cells at that landfill that will be used for the disposal of
26 municipal solid waste incinerator ash, which are under
27 construction or will be constructed in the future at the
1 landfill, to be constructed in conformance with improved design
2 standards approved by the department. However, this subparagraph
3 does not require the removal of liners or leak detection and
4 leachate collection systems that are already in place in a
5 landfill cell under construction.
6 (c) A landfill that is a monitorable unit, as defined in
7 R 299.4104 of the Michigan administrative code, and that meets
8 all of the following requirements:
9 (i) The landfill is in compliance with this part and the
10 rules promulgated under this part.
11 (ii) The landfill is used exclusively for the disposal of
12 municipal solid waste incinerator ash.
13 (iii) The landfill design includes all of the following in
14 descending order according to their placement in the landfill:
15 (A) A leachate collection system.
16 (B) A synthetic liner at least 60 mils thick.
17 (C) Immediately below the synthetic liner, either 2 feet of
18 compacted clay with a maximum hydraulic conductivity of 1 x 10 -<UP7>
19 centimeters per second or a bentonite geocomposite liner, as
20 specified in R 299.4914 of the Michigan administrative code.
21 (D) At least 10 feet of either natural or compacted clay with
22 a maximum hydraulic conductivity of 1 x 10 -<UP7> centimeters per
23 second, or equivalent.
24 (d) A landfill with a design approved by the department that
25 will prevent the migration of any hazardous constituent into the
26 groundwater or surface water at least as effectively as the
27 design requirements of subdivisions (a) to (c).
1 (e) A type II landfill, as defined in R 299.4105 of the
2 Michigan administrative code, if both of the following conditions
3 apply:
4 (i) The ash was generated by a municipal solid waste
5 incinerator that is designed to burn at a temperature in excess
6 of 2500 degrees Fahrenheit.
7 (ii) The ash from any individual municipal solid waste
8 incinerator is disposed of pursuant to this subdivision for a
9 period not to exceed 60 days.
10 (2) (3) Except
as provided in subsection (4) (3), a
11 landfill that is constructed pursuant to the design described in
12 subsection (1) shall be capped following its closure by all of
13 the following in descending order:
14 (a) Six inches of top soil with a vegetative cover.
15 (b) Two feet of soil to protect against animal burrowing,
16 temperature, erosion, and rooted vegetation.
17 (c) An infiltration collection system.
18 (d) A synthetic liner at least 30 mils thick.
19 (e) Two feet of compacted clay with a maximum hydraulic
20 conductivity of 1 x 10 -<UP7> centimeters per second.
21 (3) (4) A
landfill that receives municipal solid waste
22 incinerator ash under this section may be capped with a design
23 approved by the department that will prevent the migration of any
24 hazardous constituent into the groundwater or surface water at
25 least as effectively as the design requirements of subsection
26 (3) (2).
27 (4) (5) If
leachate is collected from a landfill under this
1 section, the leachate shall be monitored and tested in accordance
2 with this part and the rules promulgated under this part.
3 (5) (6) As
an alternative to disposal described in
4 subsection (1), the owner or operator of a municipal solid waste
5 incinerator may process municipal solid waste incinerator ash
6 through mechanical or chemical methods, or both, to substantially
7 diminish the toxicity of the ash or its constituents or limit the
8 leachability of the ash or its constituents to minimize threats
9 to human health and the environment, if processing is performed
10 on the site of the municipal solid waste incinerator or at the
11 site of a landfill described in subsection (1), if the process
12 has been approved by the department as provided by rule, and if
13 the ash is tested after processing in accordance with a protocol
14 approved by the department as provided by rule. The department
15 shall approve the process and testing protocol under this
16 subsection only if the process and testing protocol will protect
17 human health and the environment. In making this determination,
18 the department shall consider all potential pathways of human and
19 environmental exposure, including both short-term and long-term,
20 to constituents of the ash that may be released during the reuse
21 or recycling of the ash. The department shall consider requiring
22 methods to determine the leaching, total chemical analysis,
23 respirability, and toxicity of reused or recycled ash. A
24 leaching procedure shall include testing under both acidic and
25 native conditions. If municipal solid waste incinerator ash is
26 processed in accordance with the requirements of this subsection
27 and the processed ash satisfies the testing protocol approved by
1 the department as provided by rule, the ash may be disposed of in
2 a municipal solid waste landfill, as defined by R 299.4104 of the
3 Michigan administrative code, licensed under this part or may be
4 used in any manner approved by the department. If municipal
5 solid waste incinerator ash is processed as provided in this
6 subsection, but does not satisfy the testing protocol approved by
7 the department as provided by rule, the ash shall be disposed of
8 in accordance with subsection (1).
9 (6) (7) The
disposal of municipal solid waste incinerator
10 ash within a landfill that is in compliance with subsection (1)
11 does not constitute a new proposal for which a new construction
12 permit is required under section 11510, if a construction permit
13 has previously been issued under section 11509 for the landfill
14 and the owner or operator of the landfill submits 6 copies of an
15 operating license amendment application to the department for
16 approval pursuant to part 13. The operating license amendment
17 application shall include revised plans and specifications for
18 all facility modifications including a leachate disposal plan, an
19 erosion control plan, and a dust control plan which shall be part
20 of the operating license amendment. The dust control plan shall
21 contain sufficient detail to ensure that dust emissions are
22 controlled by available control technologies that reduce dust
23 emissions by a reasonably achievable amount to the extent
24 necessary to protect human health and the environment. The dust
25 control plan shall provide for the ash to be wet during all times
26 that the ash is exposed to the atmosphere at the landfill or
27 otherwise to be covered by daily cover material; for dust
1 emissions to be controlled during dumping, grading, loading, and
2 bulk transporting of the ash at the landfill; and for dust
3 emissions from access roads within the landfill to be
4 controlled. With the exception of a landfill that is in
5 existence on June 12, 1989 that the department determines is
6 otherwise in compliance with this section, the owner or operator
7 of the landfill shall obtain the operating license amendment
8 prior to initiating construction. Prior to operation, the owner
9 or operator of a landfill shall submit to the department
10 certification from a licensed professional engineer that the
11 landfill has been constructed in accordance with the approved
12 plan and specifications. At the time the copies are submitted to
13 the department, the owner or operator of the landfill shall send
14 a copy of the operating license amendment application to the
15 municipality where the landfill is located. At least 30 days
16 prior to making a final decision on the operating license
17 amendment, the department shall hold at least 1 public meeting in
18 the vicinity of the landfill to receive public comments. Prior
19 to a public meeting, the department shall publish notice of the
20 meeting in a newspaper
serving the local area. The department
21 shall issue a final
decision on an operating license amendment
22 application within 120
days after the department receives an
23 administratively
complete application.
24 (7) (8) The
owner or operator of a municipal solid waste
25 incinerator or a disposal area that receives municipal solid
26 waste incinerator ash shall allow the department access to the
27 facility for the purpose of supervising the collection of samples
1 or obtaining samples of ash to test or to monitor air quality at
2 the facility.
3 (8) (9) As
used in subsection (1), "landfill" means a
4 landfill or a specific portion of a landfill.
5 Sec. 11703. (1) A
person engaged shall not engage in the
6 business of servicing shall
apply for except as authorized by a
7 septage waste servicing
license on an application form provided
8 by the department issued by the department pursuant to part 13.
9 The department shall provide an application form that includes
10 all of the following:
11 (a) The applicant's name and mailing address.
12 (b) The location or locations where the business is
13 operated.
14 (c) Additional information pertinent to this part as required
15 by the department.
16 (2) A person who submits a completed application form under
17 subsection (1) shall submit to the department with the
18 application all of the following:
19 (a) An application fee of $300.00 that will be refunded by
20 the department if a septage waste servicing license is not
21 issued.
22 (b) A $100.00 fee to accompany an initial license application
23 to be credited to the septage waste site contingency fund as
24 provided in section 11717.
25 (c) Written approval from all public septage waste treatment
26 facilities where the applicant plans to dispose of septage waste
27 and the locations sites
where the applicant plans to dispose of
1 septage waste upon receiving the department's approval, and, for
2 each proposed disposal site, either proof of ownership of the
3 proposed disposal location
site or written approval from the
4 site owner.
5 (3) A person who holds a septage waste servicing license
6 shall maintain at all times at his or her place of business a
7 complete record of the amount of septage waste that the person
8 has transported and disposed of and the location at which the
9 disposal of septage waste has occurred. The person shall display
10 these records upon the request of the director, a peace officer,
11 or an official of a certified health department.
12 Sec. 11704. (1) A person who is required to be licensed
13 pursuant to section 11703
is required to have shall not use a
14 motor vehicle to transport septage waste except as authorized by
15 a septage waste motor vehicle license issued by the department
16 pursuant to part 13 for each vehicle that is used to transport
17 septage waste. A septage waste motor vehicle license application
18 form shall be
provided by the department and shall be submitted
19 to the department with
shall be accompanied by a license fee of
20 $75.00 for each vehicle required to be licensed under this part.
21 A motor vehicle license
application is to shall include all of
22 the following information:
23 (a) The model and year of the motor vehicle.
24 (b) The capacity of any tank used to remove or transport the
25 septage waste.
26 (c) The name of the motor vehicle's insurance carrier.
27 (d) Additional information pertinent to this part as required
1 by the department.
2 (2) A person who is issued a septage waste motor vehicle
3 license issued
pursuant to this section shall carry that
4 license at all times in the motor vehicle that is described in
5 that license and display the license upon the request of the
6 department, a peace officer, or an official of a certified health
7 department.
8 (3) Without the express permission of the department, a
9 person shall not use a vehicle used to transport septage waste to
10 transport hazardous waste regulated under part 111 or liquid
11 industrial waste regulated under part 121.
12 Sec. 11709. (1) Subject to the limitations contained in
13 sections 11710 and 11711, septage waste that is picked up at a
14 location that is further than 15 road miles from a public septage
15 waste treatment facility ,
or where a public waste treatment
16 facility is not
available, may be disposed of on
land if the
17 person holding licenses issued pursuant to sections 11703 and
18 11704 applies to the
department for a permit obtains a permit
19 issued by the department pursuant to part 13 authorizing the
20 disposal of septage waste on land, supplies any additional
21 information pertinent to this part as required by the department,
22 and sends notice to property owners as provided in
23 subsection (2).
24 (2) An applicant for a permit under subsection (1) shall send
25 a notice to each land owner who owns property located within 800
26 feet of the proposed disposal location on a form approved by the
27 department. Service of the notice shall be made by first-class
1 mail. The notification shall include the nature of the proposed
2 land use, the location of the proposed disposal area, and whom to
3 contact if there is an objection to the proposed land use. A
4 copy of the notice that is mailed to each property owner shall be
5 sent to the certified health department having jurisdiction. If
6 no substantiated objections as determined by the department are
7 received within 10 business days following the mailing of the
8 notification, the department may issue a permit as provided in
9 this section. If the department finds that the applicant is
10 unable to provide notice as required in this subsection, the
11 department may waive the notice requirement or allow the
12 applicant to use a substitute means of providing notice.
13 (3) A permit issued under this section shall expire at the
14 same time as a septage waste servicing license issued pursuant to
15 section 11703, but is subject to renewal at that time. A permit
16 issued under this section may be revoked by the department if
17 septage waste disposal or site management is in violation of this
18 part or the rules promulgated under this part.
19 Sec. 30104. (1) Before
a project that is subject to this
20 part is undertaken, a
person shall file an application and
21 receive a permit from
the department. The application shall be
22 on a form prescribed
by the department and A person
shall not
23 undertake a project subject to this part except as authorized by
24 a permit issued by the department pursuant to part 13. An
25 application for a permit shall include any information that may
26 be required by the department. If a project includes activities
27 at multiple locations, 1 application may be filed for the
1 combined activities.
2 (2) Except as provided in subsections (3) and (4), until
3 October 1, 2008, an application for a permit shall be accompanied
4 by a fee based on an administrative cost in accordance with the
5 following schedule:
6 (a) For a minor project listed in R 281.816 of the Michigan
7 administrative code, or a seasonal drawdown or the associated
8 reflooding, or both, of a dam or impoundment for the purpose of
9 weed control, a fee of $50.00. However, for a permit for a
10 seasonal drawdown or associated reflooding, or both, of a dam or
11 impoundment for the purpose of weed control that is issued for
12 the first time after October 9, 1995, an initial fee of $500.00
13 with subsequent permits for the same purpose being assessed a
14 $50.00 fee.
15 (b) For construction or expansion of a marina, a fee of:
16 (i) $50.00 for an expansion of 1-10 slips to an existing
17 permitted marina.
18 (ii) $100.00 for a new marina with 1-10 proposed marina
19 slips.
20 (iii) $250.00 for an expansion of 11-50 slips to an existing
21 permitted marina, plus $10.00 for each slip over 50.
22 (iv) $500.00 for a new marina with 11-50 proposed marina
23 slips, plus $10.00 for each slip over 50.
24 (v) $1,500.00 if an existing permitted marina proposes
25 maintenance dredging of 10,000 cubic yards or more or the
26 addition of seawalls, bulkheads, or revetments of 500 feet or
27 more.
1 (c) For renewal of a marina operating permit, a fee of
2 $50.00.
3 (d) For major projects other than a project described in
4 subdivision (b)(v), involving any of the following, a fee of
5 $2,000.00:
6 (i) Dredging of 10,000 cubic yards or more.
7 (ii) Filling of 10,000 cubic yards or more.
8 (iii) Seawalls, bulkheads, or revetment revetments
of 500
9 feet or more.
10 (iv) Filling or draining of 1 acre or more of wetland
11 contiguous to a lake or stream.
12 (v) New dredging or upland boat basin excavation in areas of
13 suspected contamination.
14 (vi) Shore projections, such as groins and underwater
15 stabilizers, that extend 150 feet or more into a lake or stream.
16 (vii) New commercial docks or wharves of 300 feet or more in
17 length.
18 (viii) Stream enclosures 100 feet or more in length.
19 (ix) Stream relocations 500 feet or more in length.
20 (x) New golf courses.
21 (xi) Subdivisions.
22 (xii) Condominiums.
23 (e) For all other projects not listed in subdivisions (a)
24 through (d), a fee of $500.00.
25 (3) A project that requires review and approval under this
26 part and 1 or more of the following acts or parts of acts is
27 subject to only the single highest permit fee required under this
1 part or the following acts or parts of acts:
2 (a) Part 303.
3 (b) Part 323.
4 (c) Part 325.
5 (d) Section 3104.
6 (e) Section 117 of the land division act, 1967 PA 288, MCL
7 560.117.
8 (4) If work has been done in violation of a permit
9 requirement under this part and restoration is not ordered by the
10 department, the department may accept an application for a permit
11 if the application is accompanied by a fee equal to 2 times the
12 permit fee required under this section.
13 Sec. 30105. (1) Until October 1, 2003, a person who desires
14 notification of pending applications may submit a written request
15 to the department accompanied by an annual fee of $25.00. The
16 department shall forward all annual fees to the state treasurer
17 for deposit into the fund. The department shall prepare a
18 monthly list of the applications made during the previous month
19 and shall promptly mail copies of the list for the remainder of
20 the calendar year to the persons who have so requested notice.
21 The monthly list shall state the name and address of each
22 applicant, the legal description of the lands included in the
23 applicant's project, and a summary statement of the purpose of
24 the project. The department may hold a public hearing on pending
25 applications.
26 (2) Except as otherwise provided in this section, upon
27 receiving an application, the department shall submit copies for
1 review to the director of the department of community health or
2 the local health department designated by the director of the
3 department of community health, to the city, village, or township
4 and the county where the project is to be located, to the local
5 soil conservation district, to the watershed council
organized
6 under part 311, if any, to the local port commission, if any, and
7 to the persons required to be included in the application
8 pursuant to section 30104(1). Each copy of the application shall
9 be accompanied by a statement that unless a written request is
10 filed with the department within 20 days after the submission for
11 review, the department may grant the application without a public
12 hearing where the project is located. The department may hold a
13 public hearing upon the written request of the applicant or a
14 riparian owner or a person or governmental unit that is entitled
15 to receive a copy of the application pursuant to this
16 subsection.
17 (3) After completion of a project for which an application is
18 approved, the department may cause a final inspection to be made
19 and certify to the applicant that the applicant has complied with
20 the department's permit requirements.
21 (4) At least 10 days' notice of a hearing to be held under
22 this section shall be given by publication in a newspaper
23 circulated in the county where the project is to be located and
24 by mailing copies of the notice to the persons who have requested
25 the monthly list pursuant to subsection (1), to the person
26 requesting the hearing, and to the persons and governmental units
27 that are entitled to receive a copy of the application pursuant
1 to subsection (2).
2 (5) The
department shall grant or deny the permit within 60
3 days, or within 90
days if a public hearing is held, after the
4 filing of an
application pursuant to section 30104. If a permit
5 is denied, the
department shall provide to the applicant a
6 concise written
statement of its reasons for denial of the
7 permit, and, if it
appears that a minor modification of the
8 application would
result in the granting of the permit, the
9 nature of the
modification shall be stated. In an
emergency, the
10 department may issue a conditional permit before the expiration
11 of the 20-day period referred to in subsection (2).
12 (6) The department, by rule promulgated under section
13 30110(1), may establish minor project categories of activities
14 and projects that are similar in nature and have minimal adverse
15 environmental impact. The department may act upon an application
16 received pursuant to section 30104 for an activity or project
17 within a minor project category after an on-site inspection of
18 the land and water involved without providing notices or holding
19 a public hearing pursuant to subsection (2). A final inspection
20 or certification of a project completed under a permit granted
21 pursuant to this subsection is not required, but all other
22 provisions of this part are applicable to a minor project.
23 Sec. 30113. (1) The land and water management permit fee
24 fund is created within the state treasury.
25 (2) The state treasurer may receive money or other assets
26 from any source for deposit into the fund. The state treasurer
27 shall direct the investment of the fund. The state treasurer
1 shall credit to the fund interest and earnings from fund
2 investments. The state treasurer shall annually present to the
3 department an accounting of the amount of money in the fund.
4 (3) Money in the fund at the close of the fiscal year shall
5 remain in the fund and shall not lapse to the general fund.
6 (4) The department shall expend money from the fund, upon
7 appropriation, only to implement this part and the following:
8 (a) Sections 3104, 3107, and 3108.
9 (b) Part 325.
10 (c) Part 303.
11 (d) Section 12562 of
the public health code, Act No. 368 of
12 the Public Acts of
1978, being section 333.12562 of the Michigan
13 Compiled Laws 1978 PA 368, MCL 333.12562.
14 (e) Part 323.
15 (f) Section 117 of
the subdivision control act of 1967, Act
16 No. 288 of the Public
Acts of 1967, being section 560.117 of the
17 Michigan Compiled Laws
land division act, 1967 PA 288,
MCL
18 560.117.
19 (g) Part 315.
20 (h) Part 353.
21 (5) The
department shall process permit applications for the
22 acts and parts of acts
cited in subsection (4) within 60 days
23 after receiving a
completed permit application unless the act or
24 part specifically
provides for permit application processing time
25 limits.
26 (5) (6) The
department shall annually report to the
27 legislature on both of the following:
1 (a) How money in the fund was expended during the previous
2 fiscal year.
3 (b) For permit programs funded with money in the fund, the
4 average length of time for department action on permit
5 applications for each class of permits reviewed.
6 Sec. 30304. Except
as otherwise provided by in this part
7 or by a permit obtained
from issued by the department under
8 sections 30306 to 30314 and pursuant to part 13, a person shall
9 not do any of the following:
10 (a) Deposit or permit the placing of fill material in a
11 wetland.
12 (b) Dredge, remove, or permit the removal of soil or minerals
13 from a wetland.
14 (c) Construct, operate, or maintain any use or development in
15 a wetland.
16 (d) Drain surface water from a wetland.
17 Sec. 30307. (1) Within 60 days after receipt of the
18 completed application and fee, the department may hold a
19 hearing. If a hearing is held, it shall be held in the county
20 where the wetland to which the permit is to apply is located.
21 Notice of the hearing shall be made in the same manner as for the
22 promulgation of rules under the administrative procedures act of
23 1969, 1969 PA 306, MCL 24.201 to 24.328. The department may
24 approve or disapprove a permit application without a public
25 hearing unless a person requests a hearing in writing within 20
26 days after the mailing of notification of the permit application
27 as required by subsection (3) or unless the department determines
1 that the permit application is of significant impact to warrant a
2 public hearing.
3 (2) If a hearing
is not held, the department shall approve
4 or disapprove the
permit application within 90 days after the
5 completed permit
application is filed with the department. If a
6 hearing is held, the
department shall approve or disapprove the
7 permit application
within 90 days after the conclusion of the
8 hearing. The
department may approve a permit application,
9 request modifications
in the application, or deny the permit
10 application. If the
department approves the permit application,
11 the department shall
prepare and send the permit to the
12 applicant. If the
department denies, or requests a modification
13 of, the permit
application, the department shall send notice of
14 the denial or
modification request and the reasons for the denial
15 or the modifications
requested to the applicant. Department
16 approval may include
the issuance of a permit containing
17 conditions necessary
for compliance with this part. If the
18 department does not
approve or disapprove the permit application
19 within the time
provided by this subsection, the permit
20 application shall be
considered approved, and the department
21 shall be considered to
have made the determinations required by
22 section 30311. The action taken by the department on a permit
23 application under this part and part 13 may be appealed pursuant
24 to the administrative procedures act of 1969, 1969 PA 306, MCL
25 24.201 to 24.328. A property owner may, after exhaustion of
26 administrative remedies, bring appropriate legal action in a
27 court of competent jurisdiction.
1 (3) A person who desires notification of pending permit
2 applications may make a written request to the department
3 accompanied by an annual fee of $25.00, which shall be credited
4 to the general fund of the state. The department shall prepare a
5 biweekly list of the applications made during the previous 2
6 weeks and shall promptly mail copies of the list for the
7 remainder of the calendar year to the persons who requested
8 notice. The biweekly list shall state the name and address of
9 each applicant, the location of the wetland in the proposed use
10 or development, including the size of both the proposed use or
11 development and of the wetland affected, and a summary statement
12 of the purpose of the use or development.
13 (4) A local unit of government may regulate wetland within
14 its boundaries, by ordinance, only as provided under this part.
15 This subsection is supplemental to the existing authority of a
16 local unit of government. An ordinance adopted by a local unit
17 of government pursuant to this subsection shall comply with all
18 of the following:
19 (a) The ordinance shall not provide a different definition of
20 wetland than is provided in this part, except that a wetland
21 ordinance may regulate wetland of less than 5 acres in size.
22 (b) If the ordinance regulates wetland that is smaller than 2
23 acres in size, the ordinance shall comply with section 30309.
24 (c) The ordinance shall comply with sections 30308 and
25 30310.
26 (d) The ordinance shall not require a permit for uses that
27 are authorized without a permit under section 30305, and shall
1 otherwise comply with this part.
2 (5) Each local unit of government that adopts an ordinance
3 regulating wetlands under subsection (4) shall notify the
4 department.
5 (6) A local unit of government that adopts an ordinance
6 regulating wetlands shall use an application form supplied by the
7 department, and each person applying for a permit shall make
8 application directly to the local unit of government. Upon
9 receipt, the local unit of government shall forward a copy of
10 each application along with any state fees that may have been
11 submitted under section 30306 to the department. The department
12 shall begin reviewing the application as provided in this part.
13 The local unit of
government shall review the application
14 pursuant to its
ordinance and shall modify, approve, or deny the
15 application within 90
days after receipt. If a municipality does
16 not approve or
disapprove the permit application within the time
17 period provided by
this subsection, the permit application shall
18 be considered
approved, and the municipality shall be considered
19 to have made the
determinations as listed in section 30311. The
20 denial of a permit
shall be accompanied by a written statement of
21 all reasons for
denial. The failure to supply complete
22 information with a
permit application may be reason for denial of
23 a permit. The department shall inform any interested person
24 whether or not a local unit of government has an ordinance
25 regulating wetlands. If the department receives an application
26 with respect to a wetland
which is located in a local unit of
27 government which that
has an ordinance regulating wetlands, the
1 department immediately shall forward the application to the local
2 unit of government, which shall modify, deny, or approve the
3 application under this subsection. The local unit of government
4 shall notify the department of its decision. The department
5 shall proceed as provided in this part.
6 (7) If a local unit of government does not have an ordinance
7 regulating wetlands, the department shall promptly send a copy of
8 the permit application to the local unit of government where the
9 wetland is located. The local unit of government may review the
10 application; may hold a hearing on the application; and may
11 recommend approval, modification, or denial of the application to
12 the department. The recommendations of the local unit of
13 government shall be made and returned to the department within 45
14 days after the local unit of government's receipt of the permit
15 application. The
department shall approve, modify, or deny the
16 application as
provided in this part.
17 (8) In addition to the requirements of subsection (7), the
18 department shall notify the local unit of government that the
19 department has issued a permit under this part within the
20 jurisdiction of that local unit of government within 15 days of
21 issuance of the permit. The department shall enclose a copy of
22 the permit with the notice.
23 Sec. 31509. (1) Except as otherwise provided in this part
24 or by a permit issued by the department under this part and
25 pursuant to part 13, a
person shall not begin undertake any of
26 the following activities:
unless that person has a valid permit
27 issued by the
department under this part:
1 (a) Construction of a new dam.
2 (b) Enlargement of a dam or an impoundment.
3 (c) Repair of a dam.
4 (d) Alteration of a dam.
5 (e) Removal of a dam.
6 (f) Abandonment of a dam.
7 (g) Reconstruction of a failed dam.
8 (2) A person
desiring to perform any of the activities
9 listed in subsection
(1) shall apply to the department on a form
10 prescribed by the
department and shall provide An
application
11 for a permit shall include information that the department
12 determines is necessary for the administration of this part. If
13 a project includes activities at multiple locations, 1
14 application may be filed for the combined activities.
15 (3) An application for a permit for construction of a new
16 dam, reconstruction of a failed dam, or enlargement of a dam
17 shall be accompanied by the following fees:
18 (a) For a dam with a height of 6 feet or more but less than
19 10 feet, $500.00.
20 (b) For a dam with a height of 10 feet or more but less than
21 20 feet, $1,000.00.
22 (c) For a dam with a height of 20 feet or more, $3,000.00.
23 (4) An application for a permit for the repair, alteration,
24 removal, or abandonment of a dam shall be accompanied by a fee of
25 $200.00, and an application for a permit for a minor project
26 pursuant to section 31513(1) shall be accompanied by a fee of
27 $100.00.
1 (5) The department shall waive the fees under this section
2 for applications from state agencies, department sponsored
3 projects located on public lands, and organizations of the type
4 described in section 31508(2)(a) through (c).
5 (6) The department shall forward fees collected under this
6 section to the state treasurer for deposit in the land and water
7 management permit fee fund created in section 30113.
8 Sec. 31512. (1)
The department shall grant or deny a
9 permit within 60 days
after the submission of a complete
10 application, or within
120 days after the submission of a
11 complete application
if a public hearing is held. If a permit is
12 denied, the department
shall provide to the applicant a concise
13 written statement of the
reasons for the denial of the permit.
14 If it appears that a
minor modification of the application would
15 result in the granting
of the permit, the nature of the
16 modification shall be
included in the written statement.
17 (1) (2) When
immediate action is necessary to protect the
18 structural integrity of a dam, the department may issue a permit
19 before the expiration of the 20-day period referred to in section
20 31511(1). This subsection does not prohibit an owner from taking
21 action necessary to mitigate emergency conditions if imminent
22 danger of failure exists.
23 (2) (3) A
person applying for a permit to reconstruct a
24 failed dam shall file a complete application not less than 1 year
25 after the date of the failure. If such an application is filed
26 more than 1 year after the date of the failure, the department
27 shall consider the application to be an application to construct
1 a new dam.
2 Sec. 32312. (1) The department, in order to regulate the
3 uses and development of high-risk areas, flood risk areas, and
4 environmental areas and to implement the purposes of this part,
5 shall promulgate rules. If permits are required under rules
6 promulgated under this part, the permits shall be issued pursuant
7 to the rules and part 13. Except as provided under subsection
8 (2), until October 1, 2008, if permits are required pursuant to
9 rules promulgated under
this part, a fee of $500.00 shall be
10 submitted to the
department with each application for an
11 application for a permit shall be accompanied by a fee as
12 follows:
13 (a) For a commercial
or multi-family residential project, a
14 fee of $100.00 shall
be submitted with each application for
15 $500.00.
16 (b) For a
single-family home construction, and a fee of
17 $50.00 shall be
submitted with each application for $100.00.
18 (c) For an addition to an existing single-family home or for
19 a project that has a minor impact on fish and wildlife resources
20 in environmental areas as determined by the department, $50.00.
21 (2) A project that requires review and approval under this
22 part and under 1 or more of the following is subject to only the
23 single highest permit fee required under this part or the
24 following:
25 (a) Part 301.
26 (b) Part 303.
27 (c) Part 325.
1 (d) Section 3104.
2 (e) Section 117 of the land division act, 1967 PA 288, MCL
3 560.117.
4 (3) The department shall forward fees collected under this
5 section to the state treasurer for deposit in the land and water
6 management permit fee fund created in section 30113.
7 (4) A circuit court, upon petition and a showing by the
8 department that a violation of a rule promulgated under
9 subsection (1) exists, shall issue any necessary order to the
10 defendant to correct the violation or to restrain the defendant
11 from further violation of the rule.
12 Sec. 32503. (1) Except as otherwise provided in this
13 section, the department, after finding that the public trust in
14 the waters will not be impaired or substantially affected, may
15 enter into agreements pertaining to waters over and the filling
16 in of submerged patented lands, or to lease or deed unpatented
17 lands, after approval of the state administrative board.
18 Quitclaim deeds, leases, or agreements covering unpatented lands
19 may be issued or entered into by the department with any person,
20 and shall contain such terms, conditions, and requirements as the
21 department determines to be just and equitable and in conformance
22 with the public trust. The department shall reserve to the state
23 all mineral rights, including, but not limited to, coal, oil,
24 gas, sand, gravel, stone, and other materials or products located
25 or found in those lands, except where lands are occupied or to be
26 occupied for residential purposes at the time of conveyance.
27 (2) A riparian owner
shall obtain a permit from the
1 department before
dredging or placing not dredge or
place spoil
2 or other materials on bottomland except as authorized by a permit
3 issued by the department pursuant to part 13.
4 (3) The department shall not enter into a lease or deed that
5 allows drilling operations beneath unpatented lands for the
6 exploration or production of oil or gas.
7 (4) An agreement, lease, or deed entered into under this part
8 by the department with the United States shall be entered into
9 and executed pursuant to the property rights acquisition act,
10 1986 PA 201, MCL 3.251 to 3.262.
11 Sec. 32515. If the department finds that the project will
12 not injure the public trust or interest including fish and game
13 habitat, that the project conforms to the requirements of law for
14 sanitation, and that no material injury to the rights of any
15 riparian owners on any body of water affected will result, the
16 department shall issue a permit authorizing enlargement of the
17 waterway affected. The permit shall provide that the artificial
18 waterway shall be a public waterway, except intake or discharge
19 canals or channels on property owned, controlled, and used by a
20 public utility. The
department may impose further conditions in
21 the permit that it
finds reasonably necessary to protect the
22 public health, safety,
welfare, trust, and interest, and private
23 rights and property. The existing and future owners of land
24 fronting on the artificial waterway are liable for maintenance of
25 the waterway in accordance with the conditions of the permit.
26 Sec. 32606. (1) The department shall review each complete
27 application received for a submerged log removal permit and shall
1 not issue a permit unless the department determines both of the
2 following:
3 (a) That any adverse impacts, including, but not limited to,
4 impacts to the environment, natural resources, riparian rights,
5 and the public trust are minimal and will be mitigated to the
6 extent practicable.
7 (b) That the proposed activity will not unreasonably affect
8 the public health, safety, and welfare.
9 (2) The department may determine that certain areas within a
10 proposed bottomland log removal area described in an application
11 for a submerged log removal permit shall not be authorized for
12 submerged log removal based upon adverse impacts, including, but
13 not limited to, adverse impacts to the environment, natural
14 resources, riparian rights, and the public trust.
15 (3) The
department shall make a decision on whether or not
16 to issue a submerged
log removal permit under this part within 90
17 days after the close
of the review and comment period under
18 section 32605 or, if a
public hearing is held under section
19 32608, within 90 days
after the date of that public hearing.
20 Sec. 35304. (1)
Beginning on July 5, 1989 and until the
21 local unit of
government either adopts a zoning ordinance that is
22 approved by the
department or the department issues permits as
23 provided in subsection
(3) or (8), whichever occurs first, the
24 local unit of
government may require the submittal of
25 applications for permits
for uses in critical dune areas. The
26 local unit of
government shall evaluate applications for uses and
27 may issue permits for
uses in critical dune areas that are in
1 conformance with and
are at least as environmentally protective
2 as the model zoning
plan.
3 (2) A local unit
of government that elects to issue permits
4 during the interim
period described in subsection (1) shall
5 notify the department
of its decision and shall reflect this
6 decision by passage of
a resolution of its governing body or by
7 providing
documentation to the department that an existing
8 ordinance meets or
exceeds the requirements of the model zoning
9 plan. Following the
passage of the resolution, a local unit of
10 government may issue
permits during the interim period in accord
11 with the procedures
and criteria established in subsection (4).
12 (3) If by August
1, 1989 a local unit of government has not
13 passed a resolution
indicating its intent to issue permits during
14 the interim period or
submitted an existing ordinance that meets
15 the requirements of
this part, the department shall issue permits
16 in the same manner
provided for local units of government in
17 subsection (4) for
uses within that local unit of government
18 under the model zoning
plan until the local unit of government
19 submits a zoning
ordinance to the department and obtains approval
20 of the ordinance.
21 (1) (4) A
local unit of government that issues permits
22 during the interim
time period provided for in subsection (1),
23 or the department if it issues permits as provided under
24 subsection (3) or
(8), (5) shall issue the permits in
25 accordance with part 13 and all of the following requirements:
26 (a) A person
proposing a use within a critical dune area
27 shall file an
application with the local unit of government, or
1 with the department if
the department is issuing permits under
2 the model zoning
plan. The application form An
application for
3 a permit shall include information that may be necessary to
4 conform with the requirements of this part. If a project
5 proposes the use of more than 1 critical dune area location
6 within a local unit of government, 1 application may be filed for
7 the uses.
8 (b) Notice of an application filed under this section shall
9 be sent to a person who makes a written request to the local unit
10 of government for notification of pending applications
11 accompanied by an annual fee established by the local unit of
12 government. The local unit of government shall prepare a monthly
13 list of the applications made during the previous month and shall
14 promptly mail copies of the list for the remainder of the
15 calendar year to the persons who have requested notice. In
16 addition, if the department issues permits under this part within
17 a local unit of government, notice of an application shall be
18 given to the local soil
conservation district office, the
19 county clerk, the county health department, and the local unit of
20 government in which the property is located. The monthly list
21 shall state the name and address of each applicant, the location
22 of the applicant's project, and a summary statement of the
23 purpose of the use. The local unit of government may hold a
24 public hearing on pending applications.
25 (c) The notice shall state that unless a written request is
26 filed with the local unit of government within 20 days after the
27 notice is mailed, the local unit of government may grant the
1 application without a public hearing. Upon the written request
2 of 2 or more persons that own real property within the local unit
3 of government or an adjacent local unit of government, or that
4 reside within the local unit of government or an adjacent local
5 unit of government, the local unit of government shall hold a
6 public hearing pertaining to a permit application.
7 (d) At least 10 days' notice of a hearing to be held pursuant
8 to this section shall be given by publication in 1 or more
9 newspapers of general circulation in the county in which the
10 proposed use is to be located, and in other publications, if
11 appropriate, to give notice to persons likely to be affected by
12 the proposed use, and by mailing copies of the notice to the
13 persons who have requested notice pursuant to subsection (1) and
14 to the person requesting the hearing.
15 (e) After the filing of an application, the local unit of
16 government shall grant or deny the permit within 60 days, or
17 within 90 days if a public hearing is held. When a permit is
18 denied, the local unit of government shall provide to the
19 applicant a concise written statement of its reasons for denial
20 of the permit, and if it appears that a minor modification of the
21 application would result in the granting of the permit, the
22 nature of the modification shall be stated. In an emergency, the
23 local unit of government may issue a conditional permit before
24 the expiration of the 20-day period referred to in
25 subdivision (c).
26 (f) The local unit of government shall base a decision to
27 grant or deny a permit required by this section on the model
1 zoning plan or on any existing ordinance that is in effect in the
2 local unit of government that provides the same or a greater
3 level of protection for critical dune areas and that is approved
4 by the department.
5 (2) (5) A
local unit of government zoning ordinance
6 regulating critical dune areas may be more restrictive of
7 development and more protective of critical dune areas than the
8 model zoning plan.
9 (3) (6) As
soon as possible following adoption of a zoning
10 ordinance enacted pursuant to this part, the local unit of
11 government shall submit to the department a copy of the ordinance
12 that it determines meets the requirements of this part. If the
13 local unit of government has an existing ordinance that it
14 contends is at least as restrictive as the model zoning plan,
15 that ordinance may be submitted to the department at any time.
16 The department shall review zoning ordinances submitted under
17 this section to assure compliance with this part. If the
18 department finds that an ordinance is not in compliance with this
19 part, the department shall work with the local unit of government
20 to bring the ordinance into compliance and inform the local unit
21 of the failure to comply and in what ways the submitted ordinance
22 is deficient. Unless a local unit of government receives notice
23 within 90 days of submittal that the ordinance they submit to the
24 department under this subsection is not in compliance with this
25 part, the local unit of government shall be considered to be
26 approved by the department.
27 (4) (7) A
local unit of government may adopt, submit to the
1 department, and obtain approval of a zoning ordinance based on
2 the model zoning plan or an equivalent ordinance as provided in
3 this section by June 30, 1990. If a local unit does not have an
4 approved ordinance by June 30, 1990, the department shall
5 implement the model zoning plan for that local unit of government
6 in the same manner and under the same circumstances as provided
7 in subsection (4) (1).
Notwithstanding any other provision of
8 this part, a local unit of government may adopt a zoning
9 ordinance at any time, and upon the approval of the department,
10 that ordinance shall take the place of the model zoning plan
11 implemented by the department.
12 (5) (8) If
a local unit of government in which a proposed
13 use is to be located does not elect to issue permits or does not
14 receive approval of a zoning ordinance that regulates critical
15 dune areas, the department shall implement the model zoning plan
16 in the place of the local unit of government and issue special
17 exceptions in the same circumstances as provided in this part for
18 the issuance of variances by local units of government.
19 (9) The
department shall develop permit application forms to
20 implement this
section.
21 (6) (10) The
department shall assist local units of
22 government in developing ordinances that meet the requirements of
23 this part.
24 Sec. 36505. (1) Except as otherwise provided in this part,
25 a person shall not take, possess, transport, import, export,
26 process, sell, offer for sale, buy, or offer to buy, and a common
27 or contract carrier shall not transport or receive for shipment,
1 any species of fish, plants, or wildlife appearing on the
2 following lists:
3 (a) The list of fish, plants, and wildlife indigenous to the
4 state determined to be endangered or threatened within the state
5 pursuant to section 36503 or subsection (3).
6 (b) The United States list of endangered or threatened native
7 fish and wildlife.
8 (c) The United States list of endangered or threatened
9 plants.
10 (d) The United States list of endangered or threatened
11 foreign fish and wildlife.
12 (2) A species of fish, plant, or wildlife appearing on any of
13 the lists delineated in subsection (1) which enters the state
14 from another state or from a point outside the territorial limits
15 of the United States may enter, be transported, possessed, and
16 sold in accordance with the terms of a federal permit issued
17 pursuant to section 10 of the endangered species act of 1973,
18 Public Law 93-205, 16
U.S.C. 16 USC 1539, or an
applicable
19 permit issued under the laws of another state.
20 (3) The department may, by rule, treat any species as an
21 endangered species or threatened species even though it is not
22 listed pursuant to section 36503, if it finds any of the
23 following:
24 (a) The species so closely resembles in appearance, at the
25 point in question, a species which is listed pursuant to section
26 36503 that enforcement personnel would have substantial
27 difficulty in attempting to differentiate between the listed and
1 unlisted species.
2 (b) The effect of the substantial difficulty in
3 differentiating between a listed and an unlisted species is an
4 additional threat to an endangered or threatened species.
5 (c) The treatment of an unlisted species will substantially
6 facilitate the enforcement and further the intent of this part.
7 (4) The department may permit the taking, possession,
8 purchase, sale, transportation, exportation, or shipment of
9 species of fish, plants, or wildlife which appear on the state
10 list of endangered or threatened species compiled pursuant to
11 section 36503 and subsection (3) for scientific, zoological, or
12 educational purposes, for propagation in captivity of such fish,
13 plants, or wildlife to ensure their survival.
14 (5) Upon good cause shown and where necessary to alleviate
15 damage to property or to protect human health, endangered or
16 threatened species found on the state list compiled pursuant to
17 section 36503 and subsection (3) may be removed, captured, or
18 destroyed, but only pursuant
to as authorized by a permit
19 issued by the department pursuant to part 13. Carnivorous
20 animals found on the state list may be removed, captured, or
21 destroyed by any person in emergency situations involving an
22 immediate threat to human life, but the removal, capture, or
23 destruction shall be reported to the department within 24 hours
24 of the act.
25 (6) This section does not prohibit any of the following:
26 (a) The importation of a trophy under a permit issued
27 pursuant to section 10 of the endangered species act of 1973,
1 Public Law 93-205, 16
U.S.C. 16 USC 1539, which is
not for
2 resale and which was lawfully taken in a manner permitted by the
3 laws of the state, territory, or country where the trophy was
4 caught, taken, or killed.
5 (b) The taking of a threatened species when the department
6 has determined that the abundance of the species in the state
7 justifies a controlled harvest not in violation of federal law.
8 (c) Subject to any permits that may be required by the
9 department, the possession, transfer, transportation,
10 importation, or exportation or the transport or receipt for
11 shipment by a common or contract carrier of a raptor or the
12 captive-bred progeny of a raptor, a raptor egg, or raptor semen
13 acquired in accordance with applicable state and federal laws and
14 regulations which allow raptors, raptor eggs, or raptor semen to
15 be used in falconry or in the captive propagation of raptors for
16 use in falconry.
17 (d) Subject to any permits that may be required by the
18 department, the selling, offering for sale, buying, or offering
19 to buy a raptor that was captive-bred or semen from a raptor that
20 was captive-bred in accordance with applicable state and federal
21 laws and regulations which allow raptors or raptor semen to be
22 used in falconry or in captive propagation of raptors for use in
23 falconry.
24 Sec. 41702. The department may issue licenses authorizing
25 the establishment and operation of game bird hunting preserves
26 pursuant to part 13. The fee for a license is $105.00 for a
27 preserve of 320 acres or less and $180.00 for a preserve in
1 excess of 320 acres. Unless revoked as provided by law, licenses
2 issued under this section are valid from the date of issuance
3 until June 30 of the third license year. Game bird hunting
4 preserves licensed under this section may allow hunting on
5 Sundays, notwithstanding the provisions of a local ordinance or
6 regulation.
7 Sec. 41709. A
person applying An application for a
8 license under this part
shall submit an application to the
9 department on forms
furnished by the department, stating state
10 the name and address of the applicant, the legal description of
11 the premises to be licensed, the kind of birds to be covered by
12 the license, and other information required by the department.
13 The department shall
prepare and distribute suitable forms
14 necessary to implement
this part.
15 Sec. 42101. Upon application of any club or organization
16 having 10 or more members who are citizens of this state, or upon
17 the application of 10 or more citizens of this state, and the
18 payment of a registration fee of $5.00, the department, pursuant
19 to part 13, may issue a permit authorizing the establishment and
20 maintenance by the club, organization, or citizens on land owned
21 by them, or over which they have legal control, of a special dog
22 training area where dogs may be trained at any time during the
23 year. A dog training area shall not be less than 40 acres or
24 more than 240 acres, and permits shall not be issued for more
25 than 6 special dog training areas in any 1 county. In counties
26 having a population of 100,000 or more, the department may issue
27 additional permits as the department considers to be in the
1 public interest.
2 Sec. 42501. (1) A person shall not engage in the business
3 of buying, selling, dealing, or the tanning and dressing of raw
4 furs, hides, or pelts of beaver, otter, fisher, marten, muskrat,
5 mink, skunk, raccoon, opossum, wolf, lynx, bobcat, fox, weasel,
6 coyote, badger, deer, or bear and the plumage, skins, or hides of
7 protected game birds and
or game animals until that person
8 procures a license to
do so from the department. Fees payable to
9 the department for
such a license are except as
authorized by a
10 license issued by the department pursuant to part 13. A license
11 application shall be accompanied by a fee as follows:
12 (a) For any person who engages in the business of buying and
13 selling raw furs, hides,
and pelts of fur-bearing animals and
14 or the plumage, skins, or
hides of protected game birds and or
15 game animals, the fee is $10.00.
16 (b) Each person in the business of manufacturing furs who
17 buys raw pelts is a
dealer, and the fee for each such resident
18 citizen, individual or agent who buys furs , is,
for a
19 resident, $10.00 , and,
for each a nonresident, the fee is
20 $50.00.
21 (c) The fee for For
any person who engages in the business
22 of custom tanning or
dressing of raw furs, the fee is $5.00. ,
23 but However, such a license does not authorize
that person to
24 buy or sell raw furs.
25 (2) Any person holding a fur dealer's license under this part
26 is entitled to buy furs, hides, pelts, and the plumage, skins, or
27 hides, or and
parts thereof, of protected game birds and game
1 animals that are legally taken.
2 (3) A person holding a fur dealer's license under this part
3 is not eligible to secure or hold a license to trap beaver.
4 (4) The department may designate the plumage and skin of
5 those game birds and game animals that may not be bought or sold
6 if it determines that such a prohibition will best serve the
7 public interest. The plumage and skins, or parts of plumage and
8 skins, of migratory game and nongame birds may be bought and sold
9 only in accordance with federal law or rule.
10 (5) For the purposes of this part, "plumage" means any part
11 of the feathers, head, wings, or tail of any bird.
12 Sec. 42702. The department may, pursuant to part 13, issue
13 licenses to authorize the possession for propagation, and for
14 dealing in and selling game. A license shall not be granted to
15 an applicant who is not the owner or lessee of the premises to be
16 used for the purposes designated by the license. A license
17 issued pursuant to this part is nontransferable and is valid from
18 July 1 to June 30 of the third license year.
19 (2) Section 40111a of the natural resources and environmental
20 protection act, 1994 PA 451, MCL 324.40111a, is repealed
21 effective December 31, 2004.
22 Sec. 44513. (1) The department may enter into reciprocal
23 agreements with other states and countries concerning the
24 operation and inspection of charter boats from those states and
25 countries that operate on the waters of this state. Reciprocity
26 shall be granted only if a state or country can establish to the
27 satisfaction of the
department that their laws and standards
1 concerning charter boats
meet or exceed the laws and rules of
2 this state. A charter
boat that operates shall not operate on
3 the waters of this state under a reciprocal agreement pursuant to
4 this section shall
obtain except as authorized under an annual
5 operating permit from
the department for a fee of $100.00 for
6 each year the charter
boat does business on the waters of this
7 state issued by the department pursuant to part 13.
The fee for
8 an annual operating permit is $100.00. The department shall
9 utilize the fees for annual operating permits issued pursuant to
10 this section to provide funds for the education and enforcement
11 program provided for in subsection (2).
12 (2) The department shall develop an education and enforcement
13 program designed to eliminate the operation of charter and livery
14 boats that have not been inspected as required by this part and
15 to prepare printed materials to provide the public with
16 information regarding the safety features and requirements
17 necessary for the lawful operation of charter and livery boats.
18 Sec. 44517. (1) Any livery boat more than 20 feet in
19 length, except for a class E vessel that is a livery boat, that
20 is used or to be used on navigable waters without the owner being
21 either on board or operating the vessel shall pay the inspection
22 fees established pursuant to section 44511 for each livery boat
23 to be inspected. Fees collected pursuant to this section shall
24 be forwarded to the department. The department shall utilize the
25 fees to develop and maintain the education and enforcement
26 program provided for in section 44513(2).
27 (2) Upon receipt of the required fee and an application for
1 an inspection and a permit, the department shall inspect, or
2 provide for inspection of by the county sheriff or sheriff's
3 deputy, all livery boats and their equipment of the boat livery.
4 Upon completion of the inspection, the department, county
5 sheriff, or the sheriff's deputy shall, pursuant to part 13,
6 approve the issuance of a permit to operate a boat livery,
7 provided the requirements of this part are met. A permit
8 furnished by the department shall be prominently displayed on the
9 site of the boat livery and shall expire on December 31 of each
10 year in which a permit is issued.
11 Sec. 45503. The
department may, upon written application
12 pursuant to part 13, issue permits to take frogs at any season of
13 the year if used for scientific or experimental purposes. These
14 permits are revocable at the pleasure of the department.
15 Sec. 45902. (1) A person shall not propagate, rear, or have
16 in possession for the purpose of offering for sale or selling any
17 kind of game fish unless
he or she has applied for and been
18 issued a license as
provided in this part. All such licenses are
19 nontransferable and
expire except as authorized by a
license
20 issued by the department pursuant to part 13. A license is
21 nontransferrable and expires on December 31 of the year for which
22 issued. A separate license is required for each place of
23 business where game fish are propagated, reared, or possessed for
24 the purpose of sale or offering for sale.
25 (2) This part does not apply to the following:
26 (a) The sale, offering for sale, or possession of dead,
27 fresh, or frozen brook trout, brown trout, or rainbow trout
1 lawfully taken in and exported from another state or country or
2 that have been procured from a licensed dealer within this
3 state.
4 (b) The propagation, rearing, possession, or sale of game
5 fish pursuant to a registration or permit issued pursuant to the
6 Michigan aquaculture development act, 1996 PA 199, MCL 286.871 to
7 286.884.
8 Sec. 45903. Any person owning or having control of private
9 waters in this state who desires a license under this part shall
10 make application for the
license to the department, on a form
11 provided by the
department, accompanied by a fee of
$5.00. The
12 application shall state the name and address of the applicant and
13 include the description of the premises where game fish are to be
14 propagated, reared, possessed, or offered for sale, together with
15 additional information as may be required. Upon receipt of the
16 application and fee, the department, if satisfied that this part
17 and the rules promulgated under this part have been complied
18 with, shall issue a license to the applicant.
19 Sec. 45906. (1) A person shall not import into this state
20 any live game fish, including viable eggs of any game fish,
21 without a license as
provided for in this part except
as
22 authorized by a license as provided for in this part issued by
23 the department pursuant to part 13. A license under this
24 subsection does not apply to a genetically engineered variant of
25 a live game fish species unless the genetically engineered
26 variant is specifically identified in the license.
27 (2) The department may promulgate rules under this part to
1 prohibit or restrict the importation of any species of game fish
2 or other fish when if
the importation of that species would
3 endanger the public fishery resources of this state. A
4 prohibition or restriction in rules promulgated under this
5 subsection applies to a genetically engineered variant of a fish
6 species identified in the prohibition or restriction unless the
7 prohibition or restriction specifically provides otherwise. A
8 prohibition or restriction in rules promulgated under this
9 subsection may be limited to a genetically engineered fish.
10 Sec. 51311. (1) The supervisor or assessor shall personally
11 examine the various private forest reservations when the real
12 estate is assessed for taxation, and note upon return the
13 condition of the trees and whether the trees are properly planted
14 and continuously cared for, so that the intent of this part may
15 be complied with. If the private reservation is properly planted
16 and continuously cared for in accordance with this part, the part
17 of its value, over and above $1.00 per acre, is exempt from all
18 taxation.
19 (2) If the owner of a private forest reservation provided for
20 in this part wishes to cut and harvest trees in the reservation,
21 except for firewood or building material for the domestic use of
22 the owner or his or her tenant, the owner shall notify the tax
23 assessor of his or her
district of the intention. and after
24 After the trees are cut ,
and but before their removal from the
25 land, the owner shall make an accurate measurement or count of
26 all the trees cut, and file with the assessor a true and accurate
27 return of the measurement or count and of the variety and value
1 of the trees so cut. The assessor shall forthwith assess the
2 stumpage value of the cut timber and, pursuant to part 13, issue
3 a license to remove the timber. The license is in effect upon
4 payment to the collector of taxes of the district of a fee of 5%
5 of the appraised valuation. The assessor shall notify the clerk
6 and the tax collector of his or her district of the issuance of
7 the license. If any timber is removed without payment of the
8 license fee, it is the duty of the tax collector to levy upon the
9 timber for collection of the license fee in the manner provided
10 by law for the collection of personal taxes.
11 (3) If the owner of a private forest reservation wishes to
12 withdraw land from the classification of a private forest
13 reserve, or fails to comply with this part, the tax assessor of
14 the district shall estimate the cash value of the timber on the
15 stump and the owner shall pay a fee of 5% of the appraised
16 valuation. ;
and, upon refusing or neglecting If the owner
17 fails to make the payment, the tax collector shall levy upon the
18 timber for collection of the fee in the manner provided by law
19 for the collection of personal taxes.
20 Sec. 61525. (1) A person shall not drill or begin the
21 drilling of any well for oil or gas, for secondary recovery, or a
22 well for the disposal of salt water, or brine produced in
23 association with oil or gas operations or other oil field wastes,
24 or wells for the development of reservoirs for the storage of
25 liquid or gaseous
hydrocarbons, until the owner directly or
26 through his or her
authorized representatives applies to drill
27 and operate any such
well, except as authorized by a
permit to
1 drill and operate the well issued by the supervisor of wells
2 pursuant to part 13 and unless the person files with the
3 supervisor a bond as
provided in section 61506. , and receives
4 and posts The permittee shall post the permit in a
conspicuous
5 place at the location of
the well a permit as provided in the
6 rules and requirements or orders issued or promulgated by the
7 supervisor. A An
application for a permit shall be accompanied
8 by a fee of $300.00.
shall be charged for a permit to drill and
9 operate a well subject
to this part. Upon receiving and
10 accepting a complete
and accurate written application and payment
11 of the fee required,
the supervisor shall within 10 days after
12 that date issue to an
owner or his or her authorized
13 representative a
permit to drill and operate. A
permit to drill
14 and operate shall not be issued to an owner or his or her
15 authorized representative who does not comply with the rules and
16 requirements or orders issued or promulgated by the supervisor.
17 A permit shall not be issued to an owner or his or her authorized
18 representative who has not complied with or is in violation of
19 this part or any of the rules, requirements, or orders issued or
20 promulgated by the supervisor or the department.
21 (2) The supervisor shall forward all fees received under this
22 section to the state treasurer for deposit in the fund.
23 (3) The supervisor shall make available to any person, upon
24 request, not less often than weekly, the following information
25 pertaining to applications for permits to drill and operate:
26 (a) Name and address of the applicant.
27 (b) Location of proposed well.
1 (c) Well name and number.
2 (d) Proposed depth of the well.
3 (e) Proposed formation.
4 (f) Surface owner.
5 (g) Whether hydrogen sulfide gas is expected.
6 (4) The supervisor shall provide the information under
7 subsection (3) to the county in which an oil or gas well is
8 proposed to be located and to the city, village, or township in
9 which the oil or gas well is proposed to be located if that city,
10 village, or township has a population of 70,000 or more. A city,
11 village, township, or county in which an oil or gas well is
12 proposed to be located may provide written comments and
13 recommendations to the supervisor pertaining to applications for
14 permits to drill and operate. The supervisor shall consider all
15 such comments and recommendations in reviewing the application.
16 Sec. 62509. (1) A person shall not drill or begin the
17 drilling of any brine, storage, or waste disposal well, or
18 convert any well for
these uses, until the owner directly or
19 through his or her
authorized representative files a written
20 application for a
permit to drill or convert a well, pays the
21 application fee
provided in subsection (6), files and
except as
22 authorized by a permit issued by the supervisor of mineral wells
23 pursuant to part 13 and rules promulgated by the supervisor of
24 mineral wells, and unless the person files with the supervisor of
25 mineral wells an approved surety or security bond. The
26 application shall be accompanied by a survey of the well site. ,
27 files an approved
surety or security bond, and receives a permit
1 pursuant to the rules
of the supervisor of mineral wells. Within
2 10 days after
receiving the prescribed application and fee, and
3 following
investigation, inspection, and approval, the supervisor
4 of mineral wells shall
issue the well permit. The
department
5 shall conduct an investigation and inspection before the
6 supervisor of mineral wells issues a permit. A permit shall not
7 be issued to any owner or his or her authorized representative
8 who does not comply with the rules of the supervisor of mineral
9 wells or who is in violation of this part or any rule of the
10 supervisor of mineral wells. Upon completion of the drilling or
11 converting of a well for storage or waste disposal and after
12 necessary testing by the owner to determine that the well can be
13 used for these purposes and in a manner that will not cause
14 surface or underground waste, the supervisor of mineral wells,
15 upon receipt of appropriate evidence, shall approve and regulate
16 the use of the well for storage or waste disposal. These
17 operations shall be pursuant to part 31. The supervisor of
18 mineral wells may schedule a public hearing to consider the need
19 or advisability of permitting the drilling or operating of a
20 storage or waste disposal well, or converting a well for these
21 uses, if the public safety or other interests are involved.
22 (2) A person shall not drill a test well 50 feet or greater
23 in depth into the bedrock or below the deepest freshwater strata,
24 except as provided in
section 62508(c), until the owner directly
25 or through his or her
authorized representative files a written
26 application for a
permit to drill, pays the permit application
27 except as authorized by a permit issued by the supervisor of
1 mineral wells pursuant to part 13 and rules promulgated by the
2 supervisor of mineral wells, and unless the person files with the
3 supervisor of mineral wells an approved surety or security bond.
4 The application shall be accompanied by the fee provided in
5 subsection (6). ,
files an approved surety or security bond, and
6 receives a permit
pursuant to the rules of the supervisor of
7 mineral wells. Within
10 days after receiving the prescribed
8 application and fee,
and following necessary investigation,
9 inspection, and
approval, the supervisor of mineral wells shall
10 issue the permit. The department shall conduct an investigation
11 and inspection before the supervisor of mineral wells issues a
12 permit. A permit shall not be issued to any owner or his or her
13 authorized representative who does not comply with the rules of
14 the supervisor of mineral wells or who is in violation of this
15 part or any rule of the supervisor of mineral wells. A test well
16 that penetrates below the deepest freshwater stratum or is
17 greater than 250 feet in depth is subject to an individual test
18 well permit. A test well that does not penetrate below the
19 deepest freshwater stratum and is 250 feet or less in depth is
20 subject to a blanket test well permit. This subsection does not
21 apply to a test well regulated under part 111 or part 115, or a
22 water well regulated under part 127 of the public health code,
23 1978 PA 368, MCL 333.12701 to 333.12771.
24 (3) A permit is not required to drill a test well in those
25 areas of the state where rocks of Precambrian age directly
26 underlie unconsolidated surface deposits or in those areas that
27 have been designated pursuant to section 62508(c). However,
1 within 2 years after completion of the drilling of the well, the
2 owner shall advise the supervisor of mineral wells of the
3 location of the well and file with the supervisor of mineral
4 wells the log required under section 62508(d). The provisions of
5 this part pertaining to the prevention and correction of surface
6 and underground waste have the same application to these test
7 wells as to other wells defined in this part.
8 (4) Upon request, the supervisor of mineral wells may issue
9 to qualified persons a blanket permit to drill within a county
10 test wells which will not penetrate below the deepest freshwater
11 stratum and are 250 feet or less in depth.
12 (5) All information and records pertaining to the application
13 for and issuance of permits for wells subject to this part shall
14 be held confidential in the same manner as provided for logs and
15 reports on these wells.
16 (6) A permit application submitted under this section shall
17 be accompanied by the following permit application fee:
18 (a) Disposal well for disposal of waste
19 products other than processed brine............... $2,500.00.
20 (b) Disposal well for disposal of processed
21 brine............................................. $500.00.
22 (c) Storage well............................. $500.00.
23 (d) Natural brine production well............ $500.00.
24 (e) Artificial brine production well......... $500.00.
25 (f) Individual test well under subsection (2) $500.00.
26 (g) Blanket permit for test wells drilled pursuant to
27 subsection (4):
1 (i) 1 to 24 wells............................ $75.00.
2 (ii) 25 to 49 wells.......................... $150.00.
3 (iii) 50 to 75 wells......................... $300.00.
4 (iv) 75 to 200 wells......................... $600.00.
5 (7) The supervisor of mineral wells shall deposit all permit
6 application fees collected under this section into the fund.
7 Sec. 63103c. (1) A metallic mineral mining permit issued by
8 the department is valid for the life of the mine. However, the
9 department may revoke a metallic mineral mining permit under the
10 following conditions:
11 (a) The person holding the permit has not commenced
12 construction of plant facilities or conducted actual mining and
13 reclamation activities covered by the permit within 3 years after
14 the date of issuance of the permit.
15 (b) The permittee requests the revocation of the metallic
16 mineral mining permit and the department determines the mining
17 activity has not polluted, impaired, or destroyed the air, water,
18 or other natural resources or the public trust in those
19 resources, as provided in part 17.
20 (c) The permittee fails to submit the annual report of
21 production as required by section 63103d(2).
22 (d) The department finds that the permittee is not in
23 compliance with this part, the rules promulgated under this part,
24 or the metallic mineral permit and there exists an imminent
25 threat to the health and safety of the public.
26 (2) The department may order immediate suspension of any or
27 all activities at a metallic mineral mining operation, including
1 the removal of metallic product from the site, if the department
2 finds there exists an emergency endangering the public health and
3 safety or an imminent threat to the natural resources of the
4 state.
5 (3) An order suspending operations shall be in effect for the
6 shorter of the following time periods: not more than 10 days, or
7 until the operation is in compliance and protection of the public
8 health and safety is ensured or the threat to the natural
9 resources has been eliminated. To extend the suspension beyond
10 10 days, the department shall issue an emergency order to
11 continue the suspension of operations and shall schedule a
12 hearing as provided by the administrative procedures act of 1969,
13 1969 PA 306, MCL 24.201 to 24.328. The total duration of the
14 suspension of operations shall not be more than 30 days.
15 (4) A metallic mineral mining permit may be transferred to a
16 new person with approval of the department. The person acquiring
17 the permit shall submit a request for transfer of the permit to
18 the department on forms provided by the department. The person
19 acquiring the permit shall accept the conditions of the existing
20 permit and adhere to the requirements set forth on the approved
21 mining and reclamation plan. Pending the transfer of the
22 existing permit, the person acquiring the permit shall not
23 operate the mine.
24 (5) A metallic mineral mining permit shall not be transferred
25 to a person who has been determined to be in violation of any of
26 the following, until the person acquiring the permit has
27 corrected the violation or the department has accepted a
1 compliance schedule and a written agreement has been reached to
2 correct the violations:
3 (a) This part.
4 (b) The rules promulgated under this part.
5 (c) Permit conditions.
6 (d) An order of the
department. of environmental quality.
7 (6) If the permittee of a metallic mineral mining operation
8 is under notice because of unsatisfactory conditions at the
9 mining site involved in the transfer, then the permit for the
10 mining operation shall not be transferred to a person until the
11 permittee has completed the necessary corrective actions or the
12 person acquiring the permit has entered into a written agreement
13 to correct all of the unsatisfactory conditions.
14 (7) Upon receipt
of an application for a permit, the
15 department shall have
up to 60 days to review the application to
16 determine if the
application is accurate and complete. If the
17 application is
determined to be inaccurate or incomplete, then
18 the department shall
provide the person making the application
19 for a permit, within
the 60-day period, with a notice that the
20 application is
inaccurate or incomplete and what changes or
21 additional information
shall be submitted. Upon receipt of the
22 requested information,
the department shall have up to an
23 additional 30 days to
review the information to determine if the
24 application is
accurate and complete. Upon completion of the
25 review process, the
department shall approve or deny a metallic
26 mineral mining permit
application in writing within 60 days after
27 the application is
determined by the department to be
1 administratively
complete. A determination of administrative
2 completeness shall not
be construed to mean that additional
3 information may not be
required from the applicant as a result of
4 new circumstances that
come to the attention of the department.
5 If a metallic mineral
permit is denied, the reasons shall be
6 stated in a written
report to the applicant.
7 (7) (8) A
metallic mineral mining permit may be amended
8 upon submission to the department of a request by the permittee.
9 Upon receipt of the request to amend an existing metallic mineral
10 permit, the department shall determine if the request constitutes
11 a significant change from the conditions of the approved permit.
12 If the department determines the request is a significant change
13 from the conditions of the approved permit, the department may
14 submit the request for amendment to the same review process as
15 provided in section 63103c(7). If a request to amend the permit
16 is denied, the reasons for denial shall be stated in a written
17 report to the permittee. If the department determines the
18 request for amendment does not constitute a significant change
19 from the conditions of the approved permit, the department shall
20 approve the amendment and notify the permittee.
21 Sec. 63524. (1) On
the basis of a complete application for
22 a surface coal mining
and reclamation permit or a revision or
23 renewal of a permit,
the department shall grant, require
24 modification of, or
deny the application for a permit within 120
25 days after the
application is submitted to the department, except
26 that an application
submitted pursuant to section 63514(2) shall
27 be granted, modified,
or denied within 120 days after the
1 approval of this
state's program. The department shall notify
2 the applicant in
writing of its decision regarding granting,
3 modifying, or denying
the application for a permit. The
4 applicant for a permit or revision of a permit has the burden of
5 establishing that his or her application is in compliance with
6 all the requirements of this part. Within 3 days after the
7 granting of a permit, but before the permit is issued, the
8 department shall notify the county clerk in each county in which
9 the land to be affected is located that a permit has been issued
10 and shall describe the location of the land.
11 (2) An application for a permit or revision of a permit shall
12 not be approved unless the department finds, in writing, that all
13 the following requirements have been met:
14 (a) The application is accurate and complete and complies
15 with all of the requirements of this part.
16 (b) The applicant has demonstrated that reclamation as
17 required by this part can be accomplished under the reclamation
18 plan contained in the application.
19 (c) An assessment of the probable cumulative impact of all
20 anticipated surface coal mining inside and outside the permit
21 area on the hydrologic balance, including quantitative and
22 qualitative analyses, has been made by the department, and the
23 proposed operation has been designed to prevent material damage
24 to the hydrologic balance inside and outside the permit area.
25 (d) The area proposed to be mined is not included within an
26 area designated unsuitable for surface coal mining pursuant to
27 this part and is not within an area under study for this
1 designation in an administrative proceeding commenced pursuant to
2 this part, unless in the area as to which an administrative
3 proceeding has commenced, the applicant demonstrates that, prior
4 to January 1, 1977, the applicant has made substantial legal and
5 financial commitments in relation to the operation for which the
6 applicant is applying for a permit.
7 (e) If the ownership of the coal has been severed from the
8 private surface estate, the applicant has submitted to the
9 department either the written consent of the surface owner to the
10 extraction of coal by surface mining methods or a conveyance that
11 expressly grants or reserves the right to extract the coal by
12 surface mining methods. However, if the conveyance does not
13 expressly grant the right to extract coal by surface mining
14 methods, the surface-subsurface legal relationship shall be
15 determined in accordance with state law, except that this part
16 does not authorize the department to adjudicate property rights
17 disputes.
18 (f) If the department of history, arts, and libraries
19 determines that the proposed surface mining operation will
20 adversely affect a historic resource, the application is approved
21 jointly by the department, by the federal, state, or local agency
22 with jurisdiction over the historic resource, and by the
23 department of history, arts, and libraries.
24 (3) The applicant shall file, with the application, a
25 schedule listing all notices of violations of this part or other
26 law of this state and any law, rule, or regulation of the United
27 States or of any department or agency in the United States
1 pertaining to air or water environmental protection incurred by
2 the applicant in connection with a surface coal mining operation
3 during the 3-year period prior to the date of application. The
4 schedule shall include the final resolution of notice of the
5 violation. If the schedule or other information available to the
6 department indicates that a surface coal mining operation owned
7 or controlled by the applicant is currently in violation of this
8 part or other laws referred to in this subsection, the permit
9 shall not be issued until the applicant submits affidavits that
10 the violation has been corrected or is in the process of being
11 corrected to the satisfaction of the department or the agency
12 that has jurisdiction over the violation or that the notice of
13 violation is being contested by the applicant. A permit shall
14 not be issued to an applicant after a finding by the department,
15 after opportunity for hearing, that the applicant, or the
16 operator specified in the application, controls or has controlled
17 mining operations with a demonstrated pattern of violations of
18 this part of such nature and duration with such resulting
19 pollution, impairment, or destruction to the environment as to
20 indicate an intent not to comply with this part.
21 (4) If the area proposed to be mined contains agricultural
22 land, the department shall consult with the director of the
23 department of agriculture and the secretary of the United States
24 department of agriculture and shall not grant a permit to mine on
25 agricultural land unless the department finds in writing that the
26 operator has the technological capability to restore the mined
27 area and any other areas impacted by the surface coal mining
1 operation within a reasonable time to equivalent or higher levels
2 of yield as nonmined agricultural land in the surrounding area
3 under equivalent levels of management, and also finds that the
4 applicant can meet the soil reconstruction standards of this
5 part.
6 Sec. 63525. (1) During the term of a permit, the permittee
7 may submit to the department an application for a revision of the
8 permit, including a revised reclamation plan. An application for
9 a revision of a permit shall not be approved unless the
10 department finds that reclamation as required by this part can be
11 accomplished under the
revised reclamation plan. The revision
12 shall be approved or
disapproved within 90 days after it is
13 submitted to the
department. The An application
for a revision
14 is subject to part 13, except that the department shall establish
15 standards for a determination of the scale or extent of a
16 revision request for which all permit application information
17 requirements and procedures shall apply.
18 (2) A transfer, assignment, or sale of the rights granted
19 under a permit issued pursuant to this part shall not be made
20 without the written approval of the department.
21 (3) The department shall, within a time limit prescribed by
22 rule, review outstanding permits. The department may require
23 revision or modification of the permit provisions during the
24 terms of the permit based on a change in technology or a change
25 in circumstances.
26 (4) All action taken by the department under this section
27 regarding the granting, modification, denial, or revision of a
1 permit shall be conducted pursuant to chapters 4 and 5 of the
2 administrative procedures
act of 1969, Act No. 306 of the Public
3 Acts of 1969, being
sections 24.271 to 24.292 of the Michigan
4 Compiled Laws 1969 PA 306, MCL 24.271 to 24.292.
5 Sec. 63704. (1) After
July 1, 1977, a person or operator
6 A person shall not engage in sand dune mining within Great Lakes
7 sand dune areas without
first obtaining a permit for that
8 purpose from the
department except as authorized
by a permit
9 issued by the department pursuant to part 13.
10 (2) Prior to receiving a permit from the department, a person
11 or operator shall submit all of the following:
12 (a) A permit application on a form provided by the
13 department.
14 (b) An environmental impact statement of the proposed mining
15 activity as prescribed by section 63705.
16 (c) A progressive cell-unit mining and reclamation plan for
17 the proposed mining activity as prescribed by section 63706.
18 (d) A 15-year mining plan as prescribed by section 63707.
19 Sec. 63708. (1) A sand dune mining permit issued by the
20 department is valid for not more than 5 years. A sand dune
21 mining permit shall be renewed if the sand dune mining activities
22 have been carried out in compliance with this part, the rules
23 promulgated under this part, and the conditions of the sand dune
24 mining permit issued by the department.
25 (2) The sand dune mining permit shall state any conditions,
26 limitations, or other restrictions determined by the department,
27 including any setback from the ordinary high-water mark of a
1 Great Lake for the protection of the barrier dune.
2 (3) In granting a sand dune mining permit, if the department
3 allows for the removal of all or a portion of the barrier dune
4 pursuant to this part, it shall submit to the commission written
5 reasons for permitting the removal.
6 (4) The
department shall approve or deny a sand dune mining
7 permit application in
writing within 120 days after the
8 application is
received and is determined by the department to be
9 administratively
complete. If a sand dune mining permit is
10 denied, the reasons
shall be stated in a written report.
11 (4) (5) The
department shall provide a list of all pending
12 sand dune mining applications upon a request from a person. The
13 list shall give the name and address of each applicant, the legal
14 description of the lands included in the project, and a summary
15 statement of the purpose of the application.
16 Sec. 72108. (1) The commission may do any of the
17 following:
18 (a) Grant easements or, pursuant to part 13, use permits or
19 lease land owned by the state that is being used for a Michigan
20 trailway for a use that is compatible with the use of the
21 Michigan trailway.
22 (b) Enter into contracts for concessions along a state owned
23 Michigan trailway.
24 (c) Lease land adjacent to a state owned Michigan trailway
25 for the operation of concessions.
26 (2) If the commission approves of the acquisition of land by
27 the department, the commission may state that the specified land
1 is acquired for use as a Michigan trailway. Following
2 acquisition of land that the commission states is acquired for
3 use as a Michigan trailway, any revenue derived from that land
4 pursuant to subsection (1), except as otherwise provided by law,
5 shall be deposited into the fund.
6 Sec. 76105. (1) A person, either personally or through an
7 agent or employee, shall not explore or excavate an aboriginal
8 remain covered by this part upon lands owned by the state, except
9 under as authorized by a permit issued by the
department, with
10 written approval of the department of history, arts, and
11 libraries, pursuant to part 13. A permit shall be issued without
12 charge. This section
13 (2) Subsection (1) does not apply to the Mackinac Island
14 state park commission on lands owned or controlled by the
15 Mackinac Island state park commission.
16 Sec. 76109. (1) A permit
issued under this section shall
17 authorize a person to person shall not recover abandoned
18 property located on, in, or located in the immediate vicinity of
19 and associated with a sunken aircraft or watercraft except as
20 authorized by a permit issued by the department and the
21 department of history, arts, and libraries pursuant to part 13.
22 (2) A Notwithstanding
section 1303(1), a person shall file
23 an application for a permit with the department on a form
24 prescribed by the department and approved by the department of
25 history, arts, and libraries. The application shall contain all
26 of the following information:
27 (a) The name and address of the applicant.
1 (b) The name, if known, of the watercraft or aircraft on or
2 around which recovery operations are to occur and a current
3 photograph or drawing of the watercraft or aircraft, if
4 available.
5 (c) The location of the abandoned property to be recovered
6 and the depth of water in which it may be found.
7 (d) A description of each item to be recovered.
8 (e) The method to be used in recovery operations.
9 (f) The proposed disposition of the abandoned property
10 recovered, including the location at which it will be available
11 for inspection by the department and the department of history,
12 arts, and libraries.
13 (g) Other information which the department or the department
14 of history, arts, and libraries considers necessary in evaluating
15 the request for a permit.
16 (3) An application for a permit is not complete until all
17 information requested on the application form and any other
18 information requested by the department or the department of
19 history, arts, and libraries has been received by the
20 department. After receipt of an otherwise complete application,
21 the department may request additional information or documents as
22 are determined to be necessary to make a decision to grant or
23 deny a permit. The
department, or the department of history,
24 arts, and libraries,
shall notify the applicant in writing when
25 the application is
deficient.
26 (4) An applicant
notified that an application for a permit
27 may be deficient and
returned due to insufficient information
1 under subsection (3)
shall, within 20 days after the date the
2 notice is mailed,
provide the information. If the applicant
3 fails to respond
within the 20-day period, the application shall
4 be denied unless the
applicant requests additional time and
5 provides reasonable
justification for an extension of time.
6 (4) (5) The
department and the department of history, arts,
7 and libraries shall ,
approve or deny an application for a
8 permit with the advice of
the committee. , approve or disapprove
9 an application for a
permit within 30 days after the date a
10 complete application
is filed with the department. The
11 department and the
department of history, arts, and libraries may
12 approve an application
conditionally or unconditionally. A
13 condition to the approval of an application shall be in writing
14 on the face of the permit. The department and the department of
15 history, arts, and libraries may impose such conditions as are
16 considered reasonable and necessary to protect the public trust
17 and general interests, including conditions that accomplish 1 or
18 more of the following:
19 (a) Protect and preserve the abandoned property to be
20 recovered, and the recreational value of the area in which
21 recovery is being accomplished.
22 (b) Assure reasonable public access to the abandoned property
23 after recovery.
24 (c) Conform with rules applying to activities within a Great
25 Lakes bottomlands preserve.
26 (d) Prohibit injury, harm, and damage to a bottomlands site
27 or abandoned property not authorized for removal during and after
1 salvage operations by the permit holder.
2 (e) Prohibit or limit the amount of discharge of possible
3 pollutants, such as floating timbers, planking, and other debris,
4 which may emanate from the shipwreck, plane wreck, or salvage
5 equipment.
6 (f) Require the permit holder to submit a specific removal
7 plan prior to commencing any salvaging activities. Among other
8 matters considered appropriate by either the department or the
9 department of history, arts, and libraries, or both, the removal
10 plan may be required to ensure the safety of those removing or
11 assisting in the removal of the abandoned property and to address
12 how the permit holder proposes to prevent, minimize, or mitigate
13 potential adverse effects upon the abandoned property to be
14 removed, that portion of the abandoned property which is not to
15 be removed, and the surrounding geographic features.
16 (5) (6) The
department shall approve an application for a
17 permit unless the department determines that the abandoned
18 property to be recovered has substantial recreational value in
19 itself or in conjunction with other abandoned property in its
20 vicinity underwater, or the recovery of abandoned property would
21 not comply with rules applying to a Great Lakes bottomlands
22 preserve.
23 (6) (7) The
department of history, arts, and libraries
24 shall approve the application for a permit unless the department
25 of history, arts, and libraries determines that the abandoned
26 property to be recovered has substantial historical value in
27 itself or in conjunction with other abandoned property in its
1 vicinity. If the property has substantial historical value, the
2 department of history, arts, and libraries, pursuant to
3 subsection (5) (4),
may impose a condition to the approval of
4 the application
requiring the applicant on the
permit requiring
5 the permittee to turn over recovered property to the department
6 of history, arts, and libraries for the purpose of preserving the
7 property or permitting public access to the property. The
8 department of history, arts, and libraries may authorize the
9 display of the property in a public or private museum or by a
10 local unit of government. In addition to the conditions
11 authorized by subsection (5)
(4), the department of history,
12 arts, and libraries may provide for payment of salvage costs in
13 connection with the recovery of the abandoned property.
14 (7) (8) A
person who discovers an abandoned watercraft
15 that is located
outside of a Great Lakes bottomlands preserve is
16 entitled to shall not recover cargo situated on, in, or
17 associated with the
watercraft, if the person applies for a
18 permit pursuant to
this section within 90 days after discovering
19 the watercraft. If an
application for a permit to recover cargo
20 is not filed within 90
days after a watercraft discovery, subject
21 to subsections (4) and
(5) an exclusive cargo recovery permit
22 shall be issued to the
first person applying for such a permit.
23 Only 1 permit to
recover the same cargo shall be issued and
24 operative at a time. an abandoned watercraft that is located
25 outside of a Great Lakes bottomlands preserve except as
26 authorized by a permit issued pursuant to this section and part
27 13. Subject to subsection (4), the permit shall be issued to the
1 first person applying for the permit. However, only the person
2 who discovered the abandoned watercraft may apply for a permit
3 during the first 90 days after the discovery. When a watercraft
4 containing cargo is simultaneously discovered by more than 1
5 person, a permit shall be approved with respect to the first
6 person or persons jointly applying for a permit.
7 (8) (9) A
person aggrieved by a condition contained on a
8 permit or by the denial of an application for a permit may
9 request an administrative review of the condition or the denial
10 by the commission or the department of history, arts, and
11 libraries, whichever disapproves the application or imposes the
12 condition. A person shall file the request for review with the
13 commission or the department of history, arts, and libraries,
14 whichever is applicable, within 90 days after the permit
15 application is submitted to the department. An administrative
16 hearing conducted pursuant to this subsection shall be conducted
17 under the procedures set forth in chapter 4 of the administrative
18 procedures act of 1969, 1969 PA 306, MCL 24.271 to 24.287. If
19 neither the department nor the department of history, arts, and
20 libraries approves the application and an administrative review
21 is requested from both the commission and the department of
22 history, arts, and libraries, the appeals shall be combined upon
23 request of the appellant or either the commission or the
24 department of history, arts, and libraries and a single
25 administrative hearing shall be conducted. The commission and
26 the department of history, arts, and libraries shall issue
27 jointly the final decision and order in the case.
1 (9) (10) A
permit issued under this section shall be is
2 valid until December 31 of the year in which the application for
3 the permit was filed and is not renewable. If an item designated
4 in a permit for recovery is not recovered, a permit holder may,
5 upon request following the expiration of the permit, be issued a
6 new permit to remove the same abandoned property if the permit
7 holder demonstrates that diligence in attempting recovery was
8 exercised under the previously issued permit.
9 (10) (11) A
permit issued under this section shall not be
10 transferred or assigned unless the assignment is approved in
11 writing by both the department and the department of history,
12 arts, and libraries.
13 Sec. 76504. (1) The Mackinac Island state park shall be
14 under the control and management of the commission, and a
15 majority of the members of the commission constitutes a quorum
16 for the transaction of business. The business which the
17 commission may perform shall be conducted at a public meeting of
18 the commission held in compliance with the open meetings act,
19 1976 PA 267, MCL 15.261 to 15.275. Public notice of the time,
20 date, and place of the meeting shall be given in the manner
21 required by the open meetings act, 1976 PA 267, MCL 15.261 to
22 15.275.
23 (2) The commission shall have the exclusive right to do
24 either or both of the following:
25 (a) Lay out, manage, and maintain the park and preserve the
26 old fort and other
property held by the commission on the
27 effective date of the
2001 amendments to this section or which
1 is or acquired by the commission after this
date August 6,
2 2001.
3 (b) Promulgate and enforce rules not inconsistent with the
4 laws of this state and necessary to implement the commission's
5 duties.
6 (3) The commission may do 1 or more of the following:
7 (a) Enter into leases and establish prices for rentals or
8 privileges upon property controlled by the commission.
9 (b) Sell or lease as personal property buildings or
10 structures acquired by the commission in settlement of delinquent
11 land rentals.
12 (c) Employ a director and other persons as may be needed.
13 (4) The rules of the commission shall apply to all roads
14 situated on Mackinac Island state park lands. The commission
15 shall not make a rule permitting the use of motor vehicles except
16 motor vehicles owned by the state, a political subdivision of the
17 state, or by a public utility, and used in the exercise of its
18 franchise. The commission may provide by rule for the issuance
19 of temporary permits for the operation of motor vehicles over
20 roads situated on state park lands. The commission may grant
21 permits pursuant to part 13 for the use of lands for the
22 expansion of existing cemeteries, under terms and conditions as
23 the commission prescribes. The commission may also grant
24 privileges and franchises for waterworks, sewerage,
25 transportation, and lighting, for a period of not more than 40
26 years. The commission shall prescribe by rule the maximum number
27 of horse drawn vehicles for hire that may be licensed by the
1 commission for operation within the park.
2 (5) The sheriff of the county of Mackinac, upon the
3 application of the commission, shall appoint 1 or more persons
4 who shall be designated by the commission as deputy sheriffs in
5 and for the county, and who shall be employees of the commission
6 but who shall not receive fees or emoluments for services as
7 deputy sheriffs. The commission may establish the compensation
8 of the persons employed by the commission, but a debt or
9 obligation shall not be created by the commission exceeding the
10 amount of money at its disposal at the time.
11 (6) All money received from rentals or privileges shall be
12 paid promptly into the state treasury to be credited to the
13 general fund and to be disbursed as appropriated by the
14 legislature. The commission, in consideration of the furnishing
15 of fire protection, street service, sewerage service, and other
16 public service agreed upon, may remit reasonable rentals as the
17 commission determines from leases of property acquired by the
18 state under the general property tax act, 1893 PA 206, MCL 211.1
19 to 211.157, and deeded to the commission, to the several tax
20 assessing units in which the property is situated as provided in
21 the general property
tax act, 1893 PA 206, MCL 211.1 to 211.157
22 that act, in proportion to the delinquent taxes and special
23 assessments of the units canceled against the description of
24 land.
25 (7) A writing prepared, owned, used, in the possession of, or
26 retained by the commission in the performance of an official
27 function shall be made available to the public in compliance with
1 the freedom of information act, 1976 PA 442, MCL 15.231 to
2 15.246. The commission shall provide to the governor an annual
3 report and statement of receipts and expenditures, and
4 recommendations and suggestions as the commission considers
5 proper.
6 Sec. 80159. A person shall not place a beacon or buoy,
7 other than a mooring buoy, in the waters of this state except as
8 authorized by a permit issued by the department pursuant to part
9 13. The department may authorize,
through the issuance of
10 revocable permits, issue a permit for the placing of buoys or
11 beacons in the waters of this state to mark obstruction to
12 navigation, to designate bathing areas, to designate vessel
13 anchorages, or for any other purpose if it will promote safety or
14 navigation. Any
person who desires to place buoys or beacons in
15 the waters of this
state, without expense to the state, shall
16 make application to
the department in a form and containing An
17 application for a permit shall contain information required by
18 the department. Buoys
or beacons, except for mooring buoys,
19 shall not be placed in
the waters of this state unless authorized
20 by the department in
writing. If authorization has been granted,
21 the buoys or beacons
shall be placed only in accordance with the
22 terms of the permit
and shall be considered lawfully placed. If
23 buoys or beacons are placed in the waters of this state without a
24 permit having been issued, the department may order their
25 removal. If, in the judgment of the department, buoys or beacons
26 authorized by the department are found to be improperly placed,
27 the reason for their placement no longer exists, or the buoys or
1 beacons do not conform to the uniform system of marking
2 established by state regulation, the department may revoke the
3 permit authorizing their placement and may order their removal.
4 Revocation of permits and orders of removal shall be by written
5 notice to the person placing the buoys or beacons or to the
6 person to whom the permit was issued at his or her last known
7 address, directing the removal within a specified time. The
8 person to whom the notice is directed shall remove the buoys or
9 beacons in accordance with the instructions. If the person fails
10 to remove the buoys or beacons within the specified time, the
11 department may cause their removal, and the cost and expense of
12 the removal shall be charged against the person authorized to
13 place the buoys or beacons or, where authorization has not been
14 granted, the person placing such buoys or beacons and shall be
15 recoverable through any court of competent jurisdiction.