Act No. 97
Public Acts of 2006
Approved by the Governor
April 2, 2006
Filed with the Secretary of State
April 4, 2006
EFFECTIVE DATE: April 4, 2006
STATE OF MICHIGAN
93RD LEGISLATURE
REGULAR SESSION OF 2006
Introduced by Senators Olshove, Brater, Patterson, Jacobs and Gilbert
ENROLLED SENATE BILL No. 506
AN ACT to amend 1994 PA 451, entitled "An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts," by amending section 3101 (MCL 324.3101), as amended by 2004 PA 142, and by adding section 3109c.
The People of the State of Michigan enact:
Sec. 3101. As used in this part:
(a) "Aquatic nuisance species" means a nonindigenous species that threatens the diversity or abundance of native species or the ecological stability of infested waters, or commercial, agricultural, aquacultural, or recreational activities dependent on such waters.
(b) "Ballast water" means water and associated solids taken on board a vessel to control or maintain trim, draft, stability, or stresses on the vessel, without regard to the manner in which it is carried.
(c) "Ballast water treatment method" means a method of treating ballast water and sediments to remove or destroy living biological organisms through 1 or more of the following:
(i) Filtration.
(ii) The application of biocides or ultraviolet light.
(iii) Thermal methods.
(iv) Other treatment techniques approved by the department.
(d) "Department" means the department of environmental quality.
(e) "Detroit consumer price index" means the most comprehensive index of consumer prices available for the Detroit area from the United States department of labor, bureau of labor statistics.
(f) "Emergency management coordinator" means that term as defined in section 2 of the emergency management act, 1976 PA 390, MCL 30.402.
(g) "Great Lakes" means the Great Lakes and their connecting waters, including Lake St. Clair.
(h) "Group 1 facility" means a facility whose discharge is described by R323.2218 of the Michigan administrative code.
(i) "Group 2 facility" means a facility whose discharge is described by R323.2210(y), R323.2215, or R323.2216 of the Michigan administrative code.
(j) "Group 3 facility" means a facility whose discharge is described by R323.2211 or R323.2213 of the Michigan administrative code.
(k) "Local health department" means that term as defined in section 1105 of the public health code, 1978 PA 368, MCL 333.1105.
(l) "Local unit" means a county, city, village, or township or an agency or instrumentality of any of these entities.
(m) "Municipality" means this state, a county, city, village, or township, or an agency or instrumentality of any of these entities.
(n) "National response center" means the national communications center established under the clean water act, 33USC 1251 to 1387, located in Washington, DC, that receives and relays notice of oil discharge or releases of hazardous substances to appropriate federal officials.
(o) "Nonoceangoing vessel" means a vessel that is not an oceangoing vessel.
(p) "Oceangoing vessel" means a vessel that operates on the Great Lakes or the St. Lawrence waterway after operating in waters outside of the Great Lakes or the St. Lawrence waterway.
(q) "Open water disposal of contaminated dredge materials" means the placement of dredge materials contaminated with toxic substances as defined in R323.1205 of the Michigan administrative code into the open waters of the waters of the state but does not include the siting or use of a confined disposal facility designated by the United States army corps of engineers or beach nourishment activities utilizing uncontaminated materials.
(r) "Primary public safety answering point" means that term as defined in section 102 of the emergency telephone service enabling act, 1986 PA 32, MCL 484.1102.
(s) "Sediments" means any matter settled out of ballast water within a vessel.
(t) "Sewage sludge" means sewage sludge generated in the treatment of domestic sewage, other than only septage or industrial waste.
(u) "Sewage sludge derivative" means a product for land application derived from sewage sludge that does not include solid waste or other waste regulated under this act.
(v) "Sewage sludge generator" means a person who generates sewage sludge that is applied to land.
(w) "Sewage sludge distributor" means a person who applies, markets, or distributes, except at retail, a sewage sludge derivative.
(x) "St. Lawrence waterway" means the St. Lawrence river, the St. Lawrence seaway, and the gulf of St. Lawrence.
(y) "Threshold reporting quantity" means that term as defined in R324.2002 of the Michigan administrative code.
(z) "Waters of the state" means groundwaters, lakes, rivers, and streams and all other watercourses and waters, including the Great Lakes, within the jurisdiction of this state.
Sec. 3109c. Notwithstanding any other provision of this part or the rules promulgated under this part, the open water disposal of contaminated dredge materials is prohibited.
This act is ordered to take immediate effect.
Secretary of the Senate
Clerk of the House of Representatives
Approved
Governor