NREPA: PART 327 ENFORCEMENT AND PENALTIES
Senate Bill 859 (Substitute S-3)
Sponsor: Sen. Bruce Patterson
House Committee: Great Lakes and the Environment
Senate Committee: Natural Resources and Environmental Affairs
Complete to 6-18-08
A SUMMARY OF SENATE BILL 859 AS PASSED BY THE SENATE 5-14-08
The bill would amend the section of the Natural Resources and Environmental Protection Act dealing with enforcement of Part 327. It would retain the current provision allowing only the Attorney General to bring civil enforcement actions, at the request of the Department of Environmental Quality. Falsifying a record submitted under Part 327 would be specifically included as grounds for a civil enforcement action.
Fines. The bill would increase the maximum civil fine a court could impose on a person who commits a knowing violation of Sections 32721 or 32723 (or a permit issued under Section 32723) from $5,000 to $10,000. The fine for other violations would remain at the current level of $1,000.
In its current form, the bill appears identical to House Bill 5067 (Rep. Terry Brown), as passed by the House on May 14, 2008, except that it is tie-barred to Senate bills rather than House bills.
Tie-bars. The bill is tie-barred to the following bills:
Senate Bill 212 (Compact ratification and effect on Michigan law)
Senate Bill 723 (Water Resources Advisory Council)
Senate Bill 727 (Water withdrawals by bottled water producers)
Senate Bill 858 (Waterworks systems)
Senate Bill 860 (Regulation of water withdrawals, adverse resource impact standard)
MCL 324.32713
FISCAL IMPACT:
A fiscal analysis is in process.
Legislative Analyst: Shannan Kane
Fiscal Analyst: Kirk Lindquist
■ This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.