SENATE BILL No. 1655

 

 

December 2, 2008, Introduced by Senator VAN WOERKOM 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 section 3106 (MCL 324.3106).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 3106. (1) The department shall establish pollution

 

standards for lakes, rivers, streams, and other waters of the state

 

in relation to the public use to which they are or may be put, as

 

it considers necessary. The Subject to subsection (2), the

 

department shall issue permits that will assure compliance with

 

state standards to regulate municipal, industrial, and commercial

 

discharges or storage of any substance that may affect the quality

 

of the waters of the state. The department may set permit

 


restrictions that will assure compliance with applicable federal

 

law and regulations. The department may ascertain and determine for

 

record and in making its order what volume of water actually flows

 

in all streams, and the high- and low-water marks of lakes and

 

other waters of the state, affected by the waste disposal or

 

pollution of any persons. The department may promulgate rules and

 

issue orders restricting the polluting content of any waste

 

material or polluting substance discharged or sought to be

 

discharged into any lake, river, stream, or other waters of the

 

state. The department shall take all appropriate steps to prevent

 

any pollution the department considers to be unreasonable and

 

against the public interest in view of the existing conditions in

 

any lake, river, stream, or other waters of the state.

 

     (2) If a permit applied for under this part requires a

 

determination as to whether the lowering of water quality is

 

necessary to support important social and economic development in

 

the area of the discharge, that determination shall be made by the

 

board of directors of the Michigan strategic fund as provided for

 

in section 7 of the Michigan strategic fund act, 1984 PA 270, MCL

 

125.2007.