SB-0356, As Passed Senate, October 18, 2005

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 356

     A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending section 4108 (MCL 324.4108).

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 4108. (1) The department shall exercise due care to see

that sewerage systems are properly planned, constructed, and

operated to prevent unlawful pollution of the streams, lakes, and

other water resources of the state.  The department shall counsel

owners and operators of sewerage systems or any parts of sewerage

systems when disputes between public agencies over sewerage service

or sewage treatment rates occur and may act as arbitrator in these

cases when called upon to do so by a majority of the parties to the

controversy. The department shall cooperate with appropriate

federal or state agencies in the determination of grants of

assistance for the preparation of plans or for the construction of

waterworks systems, sewerage systems, or waste treatment projects,

or both.

(2) The activities of a private, investor-owned wastewater

utility shall comply with all applicable provisions of this act,

local zoning and other ordinances, and the construction and

operation requirements of the federal water pollution control act

and the national environmental policy act of 1969, 42 USC 4321,

4331 to 4335, and 4341 to 4347.

     (3) As used in this section, "private, investor-owned

wastewater utility" means a utility that delivers wastewater

treatment services through a sewage system and the physical assets

of which are wholly owned by an individual or group of individual

shareholders.