SB-0783, As Passed Senate, December 1, 2005

SUBSTITUTE FOR

SENATE BILL NO. 783

     A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending section 11546 (MCL 324.11546), as amended by 2004 PA

41.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 11546. (1) The department or a health officer may request

that the attorney general bring an action in the name of the people

of the state, or a municipality or county may bring an action based

on facts arising within its boundaries, for any appropriate relief,

including injunctive relief, for a violation of this part or rules

promulgated under this part.

     (2) In addition to any other relief provided by this section,

the court may impose on any person who violates any provision of

this part or rules promulgated under this part or who fails to

comply with any permit, license, or final order issued pursuant to

this part a civil fine as follows:

     (a) Except as provided in subdivision (b), a civil fine of not

more than $10,000.00 for each day of violation.

     (b) For a second or subsequent violation, a civil fine of not

more than $25,000.00 for each day of violation.

     (3) In addition to any other relief provided by this section,

the court may order a person  violating  who violates this part or

the rules promulgated under this part  either to restore, or to

pay to the state an amount equal to the cost of restoring, the

natural resources of this state affected by the violation to their

original condition before the violation, and to pay to the state

the costs of surveillance and enforcement incurred by the state as

a result of the violation.

     (4) In addition to any other relief provided by this section,

the court shall order a person who violates section 11526e to

return, or to pay to the state an amount equal to the cost of

returning, the solid waste that is the subject of the violation to

the country in which that waste was generated.

(5)  (4) This part does not preclude any person from

commencing a civil action based on facts that may also constitute a

violation of this part or the rules promulgated under this part.

     Enacting section 1. This amendatory act does not take effect

unless House Bill No. 5176 of the 93rd Legislature is enacted into

law.