SB-0859, As Passed Senate, May 14, 2008

SUBSTITUTE FOR

SENATE BILL NO. 859

     A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending section 32713 (MCL 324.32713), as amended by 2006 PA

33.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 32713. (1) The department may request the attorney

general to commence a civil action for appropriate relief,

including a permanent or temporary injunction, for a violation of

this part or a rule promulgated under this part, including

falsifying a record submitted under this part. An action under this

section shall be brought in the circuit court for the county of

Ingham or for the county in which the defendant is located,

resides, or is doing business. The court has jurisdiction to

restrain the violation and to require compliance.

     (2) In addition to any other relief granted under subsection

(1), the court may impose a civil fine of not more than $1,000.00.

However, as follows:

     (a) For a person who knowingly violates section 32721 or 32723

or the terms of a permit issued under section 32723, is responsible

for the payment of a civil fine of not more than $5,000.00

$10,000.00 per day of violation.

     (b) For all other violations of this part, a civil fine of not

more than $1,000.00.

     (3) In addition to a fine imposed under subsection (2), the

attorney general may file a suit in a court of competent

jurisdiction to recover the full value of the costs of surveillance

and enforcement by the state resulting from the violation.

     Enacting section 1. This amendatory act does not take effect

unless all of the following bills of the 94th Legislature are

enacted into law:

     (a) Senate Bill No. 212.

     (b) Senate Bill No. 723.

     (c) Senate Bill No. 727.

     (d) Senate Bill No. 858.

     (e) Senate Bill No. 860.