March 1, 2007, Introduced by Senators PRUSI and RICHARDVILLE 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 sections 3109 and 3112 (MCL 324.3109 and 324.3112),
section 3109 as amended by 2005 PA 241 and section 3112 as amended
by 2005 PA 33.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3109. (1) A person shall not directly or indirectly
discharge into the waters of the state a substance that is or may
become injurious to any of the following:
(a)
To the The public health, safety, or welfare.
(b)
To domestic Domestic, commercial, industrial,
agricultural, recreational, or other uses that are being made or
may be made of such waters.
(c)
To the The value or utility of riparian lands.
(d)
To livestock Livestock, wild animals, birds, fish, aquatic
life, or plants or to their growth or propagation.
(e)
To the The value of fish and game.
(2) The discharge of any raw sewage of human origin, directly
or indirectly, into any of the waters of the state shall be
considered prima facie evidence of a violation of this part by the
municipality in which the discharge originated unless the discharge
is permitted by an order or rule of the department. If the
discharge is not the subject of a valid permit issued by the
department, a municipality responsible for the discharge may be
subject to the remedies provided in section 3115. If the discharge
is the subject of a valid permit issued by the department pursuant
to section 3112, and is in violation of that permit, a municipality
responsible for the discharge is subject to the penalties
prescribed in section 3115.
(3) Notwithstanding subsection (2), a municipality is not
responsible or subject to the remedies provided in section 3115 for
an unauthorized discharge from a sewerage system as defined in
section 4101 that is permitted under this part and owned by a party
other than the municipality, unless the municipality has accepted
responsibility in writing for the sewerage system and, with respect
to the civil fine and penalty under section 3115, the municipality
has been notified in writing by the department of its
responsibility for the sewerage system.
(4) Unless authorized by a permit, order, or rule of the
department, the discharge into the waters of this state of any
medical waste, as defined in part 138 of the public health code,
1978 PA 368, MCL 333.13801 to 333.13831, is prima facie evidence of
a violation of this part and subjects the responsible person to the
penalties prescribed in section 3115.
(5)
Beginning January 1, 2007 2008, unless a discharge is
authorized by a permit, order, or rule of the department, the
discharge into the waters of this state from an oceangoing vessel
of any ballast water is prima facie evidence of a violation of this
part and subjects the responsible person to the penalties
prescribed in section 3115.
(6) A violation of this section is prima facie evidence of the
existence of a public nuisance and in addition to the remedies
provided for in this part may be abated according to law in an
action brought by the attorney general in a court of competent
jurisdiction.
Sec. 3112. (1) A person shall not discharge any waste or waste
effluent into the waters of this state unless the person is in
possession of a valid permit from the department.
(2) An application for a permit under subsection (1) shall be
submitted to the department. Within 30 days after an application
for a new or increased use is received, the department shall
determine whether the application is administratively complete.
Within 90 days after an application for reissuance of a permit is
received, the department shall determine whether the application is
administratively complete. If the department determines that an
application is not complete, the department shall notify the
applicant in writing within the applicable time period. If the
department does not make a determination as to whether the
application is complete within the applicable time period, the
application shall be considered to be complete.
(3) The department shall condition the continued validity of a
permit upon the permittee's meeting the effluent requirements that
the department considers necessary to prevent unlawful pollution by
the dates that the department considers to be reasonable and
necessary and to assure compliance with applicable federal law and
regulations. If the department finds that the terms of a permit
have been, are being, or may be violated, it may modify, suspend,
or revoke the permit or grant the permittee a reasonable period of
time in which to comply with the permit. The department may reissue
a revoked permit upon a showing satisfactory to the department that
the permittee has corrected the violation. A person who has had a
permit revoked may apply for a new permit.
(4) If the department determines that a person is causing or
is about to cause unlawful pollution of the waters of this state,
the department may notify the alleged offender of its determination
and enter an order requiring the person to abate the pollution or
refer the matter to the attorney general for legal action, or both.
(5) A person who is aggrieved by an order of abatement of the
department or by the reissuance, modification, suspension, or
revocation of an existing permit of the department executed
pursuant to this section may file a sworn petition with the
department setting forth the grounds and reasons for the complaint
and asking for a contested case hearing on the matter pursuant to
the administrative procedures act of 1969, 1969 PA 306, MCL 24.201
to 24.328. A petition filed more than 60 days after action on the
order or permit may be rejected by the department as being
untimely.
(6)
Beginning January 1, 2007 2008, all oceangoing vessels
engaging in port operations in this state shall obtain a permit
from the department. The department shall issue a permit for an
oceangoing vessel only if the applicant can demonstrate that the
oceangoing vessel will not discharge aquatic nuisance species or,
if the oceangoing vessel discharges ballast water or other waste or
waste effluent, that the operator of the vessel will utilize
environmentally sound technology and methods, as determined by the
department, that can be used to prevent the discharge of aquatic
nuisance species. The department shall cooperate to the fullest
extent practical with other Great Lakes basin states, the Canadian
Great Lakes provinces, the Great Lakes panel on aquatic nuisance
species, the Great Lakes fishery commission, the international
joint commission, and the Great Lakes commission to ensure
development of standards for the control of aquatic nuisance
species that are broadly protective of the waters of the state and
other natural resources. Permit fees for permits under this
subsection shall be assessed as provided in section 3120. The
permit fees for an individual permit issued under this subsection
shall be the fees specified in section 3120(1)(a) and (5)(a). The
permit fees for a general permit issued under this subsection shall
be the fees specified in section 3120(1)(c) and (5)(b)(i). Permits
under this subsection shall be issued in accordance with the
timelines provided in section 3120. The department may promulgate
rules to implement this subsection.