Act No. 186

Public Acts of 2008

Approved by the Governor

July 9, 2008

Filed with the Secretary of State

July 9, 2008

EFFECTIVE DATE: October 7, 2008

STATE OF MICHIGAN

94TH LEGISLATURE

REGULAR SESSION OF 2008

Introduced by Senators Patterson, Birkholz, Van Woerkom, Sanborn, Richardville, George, Pappageorge, Jansen, Allen, Kahn, Cropsey, Hardiman, Garcia, Jelinek, Gilbert and Bishop

ENROLLED SENATE BILL No. 859

AN ACT to amend 1994 PA 451, entitled "An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts," 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 as follows:

(a) For a person who knowingly violates section 32721 or 32723 or the terms of a permit issued under section 32723, a civil fine of not more than $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 takes effect 90 days after the date it is enacted into law.

Enacting section 2. 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.

(f) House Bill No. 4343.

(g) House Bill No. 5065.

(h) House Bill No. 5066.

(i) House Bill No. 5067.

(j) House Bill No. 5069.

(k) House Bill No. 5073.

This act is ordered to take immediate effect.

Secretary of the Senate

Clerk of the House of Representatives

Approved

Governor