March 2, 2005, Introduced by Senator GILBERT and referred to the Committee on Natural Resources and Environmental Affairs.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 9105 (MCL 324.9105), as amended by 2000 PA 504.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
9105. (1) Subject to subsection (6), a A county is
responsible for the administration and enforcement of this part and
the rules promulgated under this part throughout the county except
as follows:
(a) Within a municipality that has assumed the responsibility
for soil erosion and sedimentation control under section 9106.
(b) With regard to earth changes of authorized public
agencies.
(2) Subject to subsection (3), the county board of
commissioners of each county, by resolution, shall designate a
county agency, or a conservation district upon the concurrence of
the conservation district, as the county enforcing agency
responsible for administration and enforcement of this part and the
rules promulgated under this part in the name of the county. The
resolution may set forth a schedule of fees for inspections, plan
reviews, and permits and may set forth other matters relating to
the administration and enforcement of the county program and this
part and the rules promulgated under this part.
(3) In lieu of or in addition to a resolution provided for in
subsection (2), the county board of commissioners of a county may
provide by ordinance for soil erosion and sedimentation control in
the county. An ordinance adopted under this subsection may be more
restrictive than, but shall not make lawful that which is unlawful
under, this part and the rules promulgated under this part. If an
ordinance adopted under this subsection is more restrictive than
this part and the rules promulgated under this part, the county
enforcing agency shall notify a person receiving a permit under the
ordinance that the ordinance is more restrictive than this part and
the rules promulgated under this part. The ordinance shall
incorporate by reference the rules promulgated under this part that
do not conflict with a more restrictive ordinance and may set forth
such other matters as the county board of commissioners considers
necessary or desirable. The ordinance may provide penalties for a
violation of the ordinance that are consistent with section 9121.
(4) A copy of a resolution or ordinance adopted under this
section and all subsequent amendments to the resolution or
ordinance shall be forwarded to the department for the department's
review and approval. The department shall forward a copy to the
conservation
district for that county for review and comment. Not
later
than December 31, 2001, the department shall prepare and
submit
a report to the standing committees of the senate and the
house
of representatives with jurisdiction over issues primarily
related
to natural resources and the environment. This report shall
detail
the number and the substance of complaints that have been
received
by the department related to county ordinances that have
been
adopted under subsection (3) that are more restrictive than
this
part and the rules promulgated under this part.
(5) Two or more counties may provide for joint enforcement and
administration of this part and the rules promulgated under this
part by entering into an interlocal agreement pursuant to the urban
cooperation act of 1967, 1967 (Ex Sess) PA 7, MCL 124.501 to
124.512.
(6)
Within 3 years after the effective date of the amendatory
act
that added this subsection Not later than January 11, 2004,
the department shall conduct an initial review of each county's
soil erosion and sedimentation control program in accordance with a
schedule established by the department. If the department approves
a county program, its approval is valid for a 5-year period. After
the initial review, the department shall conduct a review of a
county's program every 5 years. The review shall be conducted at
least 6 months before the expiration of each succeeding 5-year
period. The department shall approve a county's program if all of
the following conditions are met:
(a) The county has passed a resolution or enacted an ordinance
as provided in this section.
(b) The individuals with decision-making authority who are
responsible for administering the county program have current
certificates of training under section 9123.
(c) The county has effectively administered and enforced the
county program in the past 5 years or has implemented changes in
its administration or enforcement procedures that the department
determines will result in the county effectively administering and
enforcing the county program. In determining whether the county has
met the requirement of this subdivision, the department shall
consider all of the following:
(i) Whether a mechanism is in place to provide funding to
administer the county's program.
(ii) Whether the county has conducted adequate inspections to
assure minimization of soil erosion and off-site sedimentation.
(iii) The effectiveness of the county's past compliance and
enforcement efforts.
(iv) The adequacy and effectiveness of the applications and
soil erosion and sedimentation control plans being accepted by the
county.
(v) The adequacy and effectiveness of the permits issued by
the county and the inspections being performed by the county.
(vi) The conditions at construction sites under the
jurisdiction of the county as documented by departmental
inspections.
(7) Following a review under subsection (6), the department
shall notify the county of the results of its review and whether
the department proposes to approve or disapprove the county's
program. Within 30 days of receipt of the notice under this
subsection, a county may request and the department shall hold an
informal meeting to discuss the review and the proposed action by
the department.
(8) Following the meeting under subsection (7), if requested,
and consideration of the review under subsection (6), if the
department does not approve a county's program, the department
shall enter an order, stipulation, or consent agreement under
section 9112(2) placing the county on probation. In addition, at
any time that the department determines that a county that was
previously approved by the department under subsection (6) is not
satisfactorily administering and enforcing the county's program,
the department shall enter into an order, stipulation, or consent
agreement under section 9112(2) placing the county on probation.
During the 6-month period after a county is placed on probation,
the department shall consult with the county on how the county
could change its administration of the county program in a manner
that would result in its approval.
(9) Within 6 months after a county has been placed on
probation under subsection (8), the county may notify the
department that it intends to hire a consultant to administer the
county's program. If, within 60 days after notifying the
department, the county hires a consultant that is acceptable to the
department, then within 1 year after the county hires the
consultant, the department shall conduct a review of the county's
program to determine whether or not the county program can be
approved.
(10) If any of the following occur, the department shall hire
a consultant to administer the county's program:
(a) The county does not notify the department of its intent to
hire a consultant under subsection (9).
(b) The county does not hire a consultant that is acceptable
to the department within 60 days after notifying the department of
its intent to hire a consultant under subsection (9).
(c) The county remains unapproved following the department's
review under subsection (9).
(11) Upon hiring a consultant under subsection (10), the
department may establish a schedule of fees for inspections, review
of soil erosion and sedimentation control plans, and permits for
the county's program that will provide sufficient revenues to pay
for the cost of the contract with the consultant, or the department
may bill the county for the cost of the contract with the
consultant. As used in this subsection, "cost of the contract"
means
the actual cost of a contract with a consultant. plus the
documented
costs to the department in administering the contract,
but
not to exceed 10% of the actual cost of the contract.
(12) At any time that a county is on probation as provided for
in this section, the county may request the department to conduct a
review of the county's program. If, upon such review, the county
has implemented appropriate changes to the county's program, the
department shall approve the county's program. If the department
approves a county's program under this subsection, the department
shall rescind its order, stipulation, or consent agreement that
placed the county on probation.