July 25, 2007, Introduced by Reps. Brown, Sak, Vagnozzi, LeBlanc, Alma Smith, Byrnes, Wojno, Accavitti, Kathleen Law, Bieda, Polidori, Constan, Robert Jones, Clack, Bauer, Young, Simpson, Donigan, Valentine, Warren, Meadows, McDowell, Miller, Melton, Hammel, Espinoza, Lemmons, Meisner, Sheltrown, Hammon, Tobocman, Corriveau, Farrah, Cushingberry, Jackson, Johnson, Coulouris, Brandenburg and Dean and referred to the Committee on Great Lakes and Environment.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 32710 and 32713 (MCL 324.32710 and 324.32713),
section 32710 as added by 1995 PA 59 and section 32713 as amended
by 2006 PA 33.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 32710. The department shall do all of the following:
(a) Cooperate with the states and provinces in the Great Lakes
region to develop and maintain a common base of information on the
use and management of the water of the Great Lakes basin and to
establish systematic arrangements for the exchange of this
information.
(b) Collect and maintain information regarding the locations,
types, and quantities of water use, including water withdrawals and
consumptive uses, in a form that the department determines is
comparable to the form used by other states and provinces in the
Great Lakes region.
(c) Collect, maintain, and exchange information on current and
projected future water needs with the other states and provinces in
the Great Lakes region.
(d) Cooperate with other states and provinces in the Great
Lakes region in developing a long-range plan for developing,
conserving, and managing the water of the Great Lakes basin.
(e) Participate in the development of a regional consultation
procedure for use in exchanging information on the effects of
proposed water withdrawals and consumptive uses from the Great
Lakes basin.
(f) Develop procedures for notifying water users and potential
water users of the requirements of this part.
(g) Assure that its decisions in implementing and applying
this part will not impair the waters of the state or other natural
resources of the state or the public trust in those natural
resources.
Sec. 32713. (1) A prosecuting attorney for any county of the
state or any person affected or threatened with effects caused by a
large quantity withdrawal may file an action in circuit court,
including an action for a permanent or temporary injunction,
alleging a violation of this part or a rule promulgated under this
part has occurred or is likely to occur due to the large quantity
withdrawal.
(2) 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. 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. In addition to any other
relief granted, the court may impose a civil fine of not more than
$1,000.00
$10,000.00. However, 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 per day of violation. In addition to a fine,
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.____ or House Bill No. 5073(request no.
00453'07 *).
(b) Senate Bill No.____ or House Bill No. 5065(request no.
02361'07).
(c) Senate Bill No.____ or House Bill No. 5066(request no.
02362'07).
(d) Senate Bill No.____ or House Bill No. 5068(request no.
02364'07).
(e) Senate Bill No.____ or House Bill No. 5069(request no.
02365'07).
(f) Senate Bill No.____ or House Bill No. 5070(request no.
02366'07).
(g) Senate Bill No.____ or House Bill No. 5071(request no.
02367'07).
(h) Senate Bill No.____ or House Bill No. 5072(request no.
02368'07).