HB-6165, As Passed House, June 29, 2006

 

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 6165

 

 

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

(MCL 324.101 to 324.90106) by adding section 30313b.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 30313b. (1) The department may make minor revisions in a

 

permit or an authorization under a general permit issued under this

 

part if all of the following apply:

 

     (a) The project is in compliance with the permit or

 

authorization and this part.

 

     (b) The minor revisions are requested by the permittee in

 

writing.

 

     (c) The request is accompanied by a fee of $250.00.

 


     (d) If the request is for a transfer of the permit or

 

authorization, the request is accompanied by a written agreement

 

between the current and new owners or operators containing a

 

specific date for transfer of responsibility, coverage, and

 

liability under the permit or authorization.

 

     (2) The department shall approve or deny the request within 20

 

business days. However, if the only minor revision requested is a

 

transfer as described in subsection (4)(a), the department shall

 

approve or deny the request within 10 business days. If the

 

department fails to approve or deny the request within the time

 

required by this subsection, the department shall refund the fee.

 

     (3) If the department determines that none of the changes

 

requested are minor revisions, the department shall retain the fee

 

but the permittee may apply the fee toward a new permit for a

 

project at that site.

 

     (4) As used in this section, "minor revision" means either of

 

the following:

 

     (a) A transfer of an individual permit or an authorization

 

under a general permit.

 

     (b) A revision that does not increase the overall impact of a

 

project on wetlands and that is within the scope of the project as

 

described in the original permit or authorization.