HB-4860, As Passed House, June 23, 2005

SUBSTITUTE FOR

HOUSE BILL NO. 4860

     A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending section 3109 (MCL 324.3109), as amended by 2005 PA 32.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 3109. (1) A person shall not directly or indirectly

discharge into the waters of the state a substance that is or may

become injurious to any of the following:

     (a) To the public health, safety, or welfare.

     (b) To domestic, commercial, industrial, agricultural,

recreational, or other uses that are being made or may be made of

such waters.

     (c) To the value or utility of riparian lands.

House Bill No. 4860 (H-4) as amended June 23, 2005

     (d) To livestock, wild animals, birds, fish, aquatic life, or

plants or to their growth or propagation.

     (e) To the value of fish and game.

     (2) The discharge of any raw sewage of human origin, directly

or indirectly, into any of the waters of the state shall be

considered prima facie evidence of a violation of this part by the

municipality in which the discharge originated unless the discharge

is permitted by an order or rule of the department. If the

discharge is not the subject of a valid permit issued by the

department, a municipality responsible for the discharge may be

subject to the remedies provided in section 3115. If the discharge

is the subject of a valid permit issued by the department pursuant

to section 3112, and is in violation of that permit, a municipality

responsible for the discharge is subject to the penalties

prescribed in section 3115.

     (3) Notwithstanding subsection (2), a municipality is not

responsible [or subject to the remedies provided in section 3115] for an

unauthorized discharge from a sewerage system as

defined in section 4101 that is permitted under this part and owned

by a party other than the municipality, unless the municipality has

accepted responsibility in writing for the sewerage system.

(4)  (3) Unless authorized by a permit, order, or rule of the

department, the discharge into the waters of this state of any

medical waste, as defined in part 138 of the public health code,

1978 PA 368, MCL 333.13801 to 333.13831, is prima facie evidence of

a violation of this part and subjects the responsible person to the

penalties prescribed in section 3115.

(5)  (4) Unless  Beginning January 1, 2007, unless a discharge

is authorized by a permit, order, or rule of the department, the

discharge into the waters of this state from an oceangoing vessel

of any ballast water is prima facie evidence of a violation of this

part and subjects the responsible person to the penalties

prescribed in section 3115.

(6)  (5) A violation of this section is prima facie evidence

of the existence of a public nuisance and in addition to the

remedies provided for in this part may be abated according to law

in an action brought by the attorney general in a court of

competent jurisdiction.