SB-0816, As Passed Senate, December 2, 2009

SENATE BILL No. 816

September 15, 2009, Introduced by Senators VAN WOERKOM and McMANUS and referred to the Committee on Appropriations.

A bill to amend 1956 PA 40, entitled

"The drain code of 1956,"

by amending section 423 (MCL 280.423), as amended by 1996 PA 552.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 423. (1) A person shall not continue to discharge or

permit to be discharged into any county drain or intercounty drain

of the state any sewage or waste matter capable of producing in the

drain detrimental deposits, objectionable odor nuisance, injury to

drainage conduits or structures, or capable of producing such

pollution of the waters of the state receiving the flow from the

drains as to injure livestock, destroy fish life, or be injurious

to public health. This section does not prohibit the conveyance of

sewage or other waste through drains or sewers that will not

produce these injuries and that comply with section 3112 of ~~part 31~~

~~(water resources protection) of~~ the natural resources and

environmental protection act, ~~Act No. 451 of the Public Acts of~~

~~1994, being section 324.3112 of the Michigan Compiled Laws~~ 1994 PA

451, MCL 324.3112.

(2) Disposal plants, filtration beds, and other mechanical

devices to properly purify the flow of any drain may be constructed

as a part of any established drain, and the cost of construction

shall be paid for in the same manner as provided for in this act

for other drainage costs. Plants, beds, or devices may be described

in the petition for the location, establishment and construction of

drains or in the petition for the cleaning, widening, deepening,

straightening, or extending of drains, or in the application for

the laying out of a drainage district. Petitions for the

construction of plants, beds, and devices for use on any

established drain may be filed by the same persons and shall be

received and all proceedings on the petitions in the same manner as

other petitions for any drainage construction under this act.

(3) If the department of ~~environmental quality~~ natural

resources determines that sewage or wastes carried by any county or

intercounty drain constitutes unlawful discharge as prescribed by

section 3109 or 3112 of ~~part 31 of Act No. 451 of the Public Acts~~

~~of 1994, being sections 324.3109 and 324.3112 of the~~ ~~Michigan~~

~~Compiled Laws~~ the natural resources and environmental protection

act, 1994 PA 451, MCL 324.3109 and 324.3112, that 1 or more users

of the drain are responsible for the discharge of sewage or other

wastes into the drain, and that the cleaning out of the drain or

the construction of disposal plants, filtration beds, or other

mechanical devices to purify the flow of the drain is necessary,

the department of ~~environmental quality~~ natural resources may issue

to the drain commissioner an order of determination identifying

such users and pollutants, under section 3112 of ~~Act No. 451 of the~~

~~Public Acts of 1994, being section 324.3112 of the~~ ~~Michigan~~

~~Compiled Laws~~ the natural resources and environmental protection

act, 1994 PA 451, MCL 324.3112. The order of determination

constitutes a petition calling for the construction of disposal

facilities or other appropriate measures by which the unlawful

discharge may be abated or purified. The order of determination

serving as a petition is in lieu of the determination of necessity

by a drainage board pursuant to chapter 20 or 21 or section 122 or

192 or a determination of necessity by a board of determination

pursuant to section 72 or 191, whichever is applicable. A copy of

the findings of the department shall be attached to the order of

determination which shall require no other signature than that of

the director of the department of ~~environmental quality~~ natural

resources. Upon receipt of the order of determination, the drain

commissioner or the drainage board shall proceed as provided in

this act to locate, establish, and construct a drain. If the

responsible users of the drain are determined to be public

corporations in the drainage district, the drain commissioner or

the drainage board shall proceed as provided in chapters 20 and 21,

as may be appropriate, using the order of determination as the

final order of determination of the drainage board. If the

responsible users are determined to be private persons, the drain

commissioner shall proceed as provided in chapters 8 and 9, using

the order of determination as the first order of determination.

(4) Plans and specifications for the construction as part of a

drain of any disposal plant, filtration bed, or other mechanical

device to properly purify the flow of the drain shall be prepared

by the drain commissioner or the drainage board. Contracts for

construction shall be let in the manner provided in this act. To

meet the cost of any preliminary engineering studies for the

construction of abatement or purification facilities, the drain

commissioner or the drainage board shall apportion the cost among

the several parcels of land, highways, and municipalities benefited

thereby in the same manner as provided in chapter 7 or against the

public corporations affected by the order of determination in the

same manner as provided in chapters 20 and 21. The costs and

charges for maintenance shall be apportioned and assessed each

year. If the apportionment is the same as the last recorded

apportionment, a day of review or a hearing on apportionments is

not necessary, but if the apportionment is changed, notice of a day

of review or a hearing on apportionments shall be given to each

person whose percentage is raised.

(5) Land may be acquired as a site for the construction of

such plants, beds, and devices, and releases of land may be

obtained in the same manner as provided in this act for other lands

acquired for right of way.

(6) A person shall not connect sewage or other waste to a

county or intercounty drain except with the written approval of the

appropriate commissioner or the drainage board indorsed upon a

written application for such service and the payment of a service

fee of not to exceed $50.00 for each connection to a covered drain.

The application shall include information showing that all other

local, state, and federal approvals related to the sewage or waste

have been obtained.

(7) The fee provided for in subsection (6) shall be set and

collected by the drain commissioner, as approved by the county

board of commissioners or the drainage board, and deposited with

the county treasurer, to be credited to the drain fund set up for

the maintenance or construction of the drain. The commissioner or

the drainage board shall keep a record of applications made and the

action on the applications. The commissioner or the drainage board

may reject applications for or require such modification in

requested applications for sewer connections to county drains as

necessary to attain the objectives set forth in this section.

(8) Subject to the review and approval of the department of

~~environmental quality~~ natural resources, the drain commissioner or

drainage board may study the requirements of persons for flood

control or drainage projects including sewage disposal systems,

storm sewers, sanitary sewers, combined sanitary and storm sewers,

sewage treatment plants, and all other plants, works,

instrumentalities, and properties useful in connection with the

collection, treatment, and disposal of sewage and industrial wastes

or agricultural wastes or run-off, to abate pollution or decrease

the danger of flooding. The objective of such studies shall be that

sewers, drains, and sewage disposal facilities are made available

to persons situated within the territorial limits of any drainage

district or proposed drainage district as necessary for the

protection of public health and the promotion of the general

welfare.

(9) The drainage board or drain commissioner may cooperate,

negotiate, and enter into contracts with other governmental units

and agencies or with any public or private corporation including

the United States of America, and to take such steps and perform

such acts and execute such documents as may be necessary to take

advantage of any act of the congress of the United States which may

make available funds for any of the purposes described in this

section.

(10) Failure to comply with any of the provisions of this

section subjects the offender to the penalties described in section

602. However, for each offense, a person who violates subsection

(6) is guilty of a misdemeanor punishable by a fine of not more

than $25,000.00 or imprisonment for not more than 90 days, or both.

In addition, the person may be required to pay the costs of

prosecution and the costs of any emergency abatement measures taken

to protect public health or the environment. Payment of a fine or

costs under this subsection does not relieve a person of liability

for damage to natural resources or for response activity costs

under the natural resources and environmental protection act, ~~Act~~

~~No. 451 of the Public Acts of 1994, being sections 324.101 to~~

~~324.90106 of the~~ ~~Michigan~~ ~~Compiled Laws~~ 1994 PA 451, MCL 324.101 to

324.90106.

(11) As used in this section, "person" means an individual,