June 2, 2005, Introduced by Reps. Elsenheimer and Palsrok and referred to the Committee on Natural Resources, Great Lakes, Land Use, and Environment.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 3109 (MCL 324.3109).
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.
(d) To livestock, wild animals, birds, fish, aquatic life, or
plants
or to the growth, propagation, or the their growth or
propagation. thereof
be prevented or injuriously affected; or
whereby
(e) To the
value of fish and game. is or may be destroyed or
impaired.
(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. However, a municipality is not subject
to penalties or remedies under this part if the violation was
caused by an unauthorized discharge by a person other than the
municipality unless the municipality has otherwise assumed
responsibility for the discharge.
(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,
Act No. 368 of the Public Acts of 1978, being sections
333.13801
to 333.13831 of the Michigan Compiled Laws section 13805
of the public health code, 1978 PA 368, MCL 333.13805, is prima
facie evidence of a violation of this part and subjects the
responsible person to the penalties prescribed in section 3115.
(4) 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.