September 15, 2009, Introduced by Senators McMANUS, BIRKHOLZ, STAMAS, VAN WOERKOM, CROPSEY, JELINEK, PATTERSON, PAPPAGEORGE, KAHN, RICHARDVILLE, GEORGE, KUIPERS, SANBORN, GILBERT, ALLEN, BARCIA and HARDIMAN and referred to the Committee on Appropriations.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 301, 501, 503, 508, 510, 1101, 1301, 2521,
3101, 3131, 3132, 3133, 3301, 5201, 5402, 5703, 5705, 6306, 8307a,
8707, 8801, 9101, 11503, 11701, 11715d, 12101, 14301, 14501, 14701,
14721, 14802, 14804, 14810, 16901, 16903, 16903a, 16908a, 17203,
17301, 17327, 19601, 19701, 20101, 20104a, 20503, 21101, 21501,
21502, 21506, 21515, 21521, 21522, 21541, 21542, 21551, 21561,
21562, 30101, 30301, 30321, 31701, 32501, 32513, 32601, 32701,
32801, 32803, 33911, 33924, 33929, 35301, 40107c, 41303, 61501,
62501, 63101, 63201, 63502, 76111, 79501, 79504, 79505, and 79506
(MCL 324.301, 324.501, 324.503, 324.508, 324.510, 324.1101,
324.1301, 324.2521, 324.3101, 324.3131, 324.3132, 324.3133,
324.3301, 324.5201, 324.5402, 324.5703, 324.5705, 324.6306,
324.8307a, 324.8707, 324.8801, 324.9101, 324.11503, 324.11701,
324.11715d, 324.12101, 324.14301, 324.14501, 324.14701, 324.14721,
324.14802, 324.14804, 324.14810, 324.16901, 324.16903, 324.16903a,
324.16908a, 324.17203, 324.17301, 324.17327, 324.19601, 324.19701,
324.20101, 324.20104a, 324.20503, 324.21101, 324.21501, 324.21502,
324.21506, 324.21515, 324.21521, 324.21522, 324.21541, 324.21542,
324.21551, 324.21561, 324.21562, 324.30101, 324.30301, 324.30321,
324.31701, 324.32501, 324.32513, 324.32601, 324.32701, 324.32801,
324.32803, 324.33911, 324.33924, 324.33929, 324.35301, 324.40107c,
324.41303, 324.61501, 324.62501, 324.63101, 324.63201,
324.63502, 324.76111, 324.79501, 324.79504, 324.79505, and
324.79506), sections 301 and 503 as amended by 2004 PA 587, section
1301 as amended by 2008 PA 18, section 2521 as amended by 2005 PA
313, section 3101 as amended by 2006 PA 97, sections 3131, 3132,
and 3133 as added by 1997 PA 29, section 3301 as added by 2004 PA
246, section 5201 as amended by 2005 PA 257, section 5402 as added
by 1997 PA 26, section 6306 as amended by 1996 PA 564, section
8307a as added by 2002 PA 418, section 8707 as amended by 2000 PA
100, section 8801 as added by 1998 PA 287, section 9101 as amended
by 2005 PA 55, section 11503 as amended by 2007 PA 212, section
11701 as amended by 2005 PA 199, section 11715d as added by 2004 PA
381, section 12101 as amended by 2008 PA 8, section 14301 as
amended by 1998 PA 289, section 14501 as amended by 2007 PA 174,
section 14701 as amended by 2004 PA 562, section 14721 as added by
2004 PA 526, sections 14802 and 14804 as amended by 1997 PA 133,
section 14810 as added by 1996 PA 132, section 16901 as amended by
2006 PA 520, section 16903 as amended by 2006 PA 522, sections
16903a and 16908a as added by 1997 PA 17, section 17203 as added by
2002 PA 578, sections 17301 and 17327 as added by 2008 PA 394,
section 19601 as added by 1998 PA 288, section 19701 as added by
2002 PA 397, section 20101 as amended section 20104a as added by
1996 PA 383, section 20503 as added by 2004 PA 229, section 21502
as amended by 2006 PA 318, section 21506 as amended by 2004 PA 390,
section 21515 as amended by 1996 PA 181, sections 21561 and 21562
as added by 2006 PA 322, section 30101 as amended by 2006 PA 275,
sections 30301 and 32501 as amended by 2003 PA 14, section 30321 as
amended by 1996 PA 530, section 31701 as added by 2003 PA 177,
section 32513 as amended by 2008 PA 276, section 32601 as added by
2000 PA 278, section 32701 as amended by 2008 PA 179, sections
32801 and 32803 as amended by 2008 PA 189, sections 33911, 33924,
and 33929 as amended by 2006 PA 496, section 35301 as amended by
1995 PA 262, section 40107c as added by 2007 PA 47, section 41303
as amended by 2009 PA 52, section 61501 as amended by 1998 PA 303,
section 62501 as amended by 1998 PA 467, section 63101 as amended
section 63201 as added by 2004 PA 449, section 63502 as amended by
2001 PA 78, section 76111 as amended by 2001 PA 75, and sections
79501, 79504, 79505, and 79506 as added by 1998 PA 285, and by
adding sections 501b, 501c, and 501d; and to repeal acts and parts
of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 301. Except as otherwise defined in this act, as used in
this act:
(a) "Administrator" means the environmental permits
administrator appointed under section 501b.
(b) "Board" means the natural resources science advisory board
created in section 501d.
(c) (a)
"Commission" means the
commission of natural
resources.
(d) (b)
"Department" means the
director of the department of
natural resources or his or her designee to whom the director
delegates a power or duty by written instrument.
(e) (c)
"Department of natural
resources" means the principal
state department created in section 501.
(f) (d)
"Director" means the
director of the department of
natural resources.
(g) (e)
"Local unit of
government" means a municipality or
county.
(h) (f)
"Michigan
conservation and recreation legacy fund"
means the Michigan conservation and recreation legacy fund
established in section 40 of article IX of the state constitution
of 1963 and provided for in section 2002.
(i) (g)
"Municipality" means a
city, village, or township.
(j) (h)
"Person" means an
individual, partnership,
corporation, association, governmental entity, or other legal
entity.
(k) (i)
"Public domain" means all
land owned by the state or
land deeded to the state under state law.
(l) (j)
"Rule" means a rule
promulgated pursuant to the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
24.328.
Sec. 501. (1) A department of natural resources for this state
is created which shall possess the powers and perform the duties
granted and imposed by this act and as otherwise provided by law.
The department of natural resources is the successor agency to the
department of environmental quality created by Executive
Reorganization Order No. 1995-16, MCL 324.99903. In addition to the
powers and duties provided by law to the department of natural
resources, the department of natural resources has the powers and
duties provided to the department of environmental quality in
Executive Reorganization Order No. 1995-16, MCL 324.99903, and the
powers and duties otherwise provided to the department of
environmental quality or the director of the department of
environmental quality by law.
(2) The commission of natural resources is created as the head
of the department of natural resources and may establish general
policies related to natural resources management and environmental
protection
for the guidance of the director. In addition, the
commission
has appellate authority as provided in section 1101. The
commission shall be composed of 7 members, not more than 4 of whom
shall be members of the same political party, appointed by the
governor by and with the advice and consent of the senate. A member
of the commission shall be selected with special reference to that
person's training and experience related to at least 1 of the
principal lines of activities vested in the department of natural
resources and the ability and fitness of that person to deal with
those activities. The term of office of each member of the
commission shall be 4 years. The governor shall fill a vacancy
occurring in the membership of the commission and may remove a
member of the commission for cause after a hearing. Each member of
the commission shall hold office until the appointment and
qualification of that member's successor.
(3) The commission, within 30 days after having qualified and
annually after that time, shall meet at its office in Lansing and
organize by appointing a secretary, who need not be a member of the
commission. The governor shall appoint a chairperson of the
commission from among its members, who shall serve as chairperson
at the pleasure of the governor. Four members of the commission
constitute a quorum for the transaction of business. The business
which the commission may perform shall be conducted at a public
meeting of the commission held in compliance with the open meetings
act,
Act No. 267 of the Public Acts of 1976, being sections 15.261
to
15.275 of the Michigan Compiled Laws 1976 PA 267, MCL 15.261 to
15.275. Public notice of the time, date, and place of the meeting
shall
be given in the manner required by Act No. 267 of the Public
Acts
of 1976 the open meetings
act, 1976 PA 267, MCL 15.261 to
15.275. A meeting may be called by the chairperson and shall be
called on request of a majority of the members of the commission. A
meeting may be held as often as necessary and at other places than
the commissioners' offices at Lansing. The commission shall meet at
least once each month.
(4) The commission shall appoint and employ a director of the
department of natural resources who shall continue in office at the
pleasure of the commission. The director shall appoint 1 or more
deputy directors and other assistants and employees as are
necessary to implement this part and any other law of this state
affecting
the powers and duties of the department. of natural
resources.
A person to whom the director has
lawfully delegated
decision making authority in writing may perform a duty or exercise
a power conferred by law upon the department at the time and to the
extent the duty and power is delegated to that person by the
director. When a vacancy in the office of director occurs, or the
director is unable to perform the director's duties or is absent
from the state, the powers and duties of the director as prescribed
by law shall be imposed on and transferred to a deputy director
until the vacancy is filled or the director's inability or absence
from the state ceases.
(5) The compensation of the deputy directors, the assistants,
and the employees and the number of assistants and employees shall
be subject to the approval of the state administrative board. The
members of the commission shall not receive compensation under this
part, but each member and the other officers and employees of the
department
of natural resources shall be entitled to reasonable
expenses while traveling in the performance of their duties
prescribed by this act. The salaries and expenses authorized under
this act shall be paid out of the state treasury in the same manner
as the salaries of other state officers and employees are paid. The
department of management and budget shall furnish suitable offices
and
office equipment, at Lansing, for the use of the department. of
natural
resources.
(6) Each member of the commission and the director shall
qualify by taking and subscribing to the constitutional oath of
office and by filing it in the office of the secretary of state.
Sec. 501b. (1) The office of environmental permits is
established within the department of natural resources. The office
shall be headed by an environmental permits administrator who shall
be appointed by the governor with the advice and consent of the
senate and who shall continue in office at the pleasure of the
governor. The administrator shall be selected with special
reference to the individual's training and experience related to
environmental permits issued by the department and the ability and
fitness of that individual to carry out his or her responsibilities
as provided in this act and as otherwise provided by law.
(2) The administrator shall qualify for office by taking and
subscribing to the constitutional oath of office and by filing it
with the office of the secretary of state.
(3) The administrator shall do all of the following:
(a) Administer the office of environmental permits.
(b) Make the final agency decision on all environmental
permits issued by the department, independent of the director or
the commission.
(c) Hire through a request for proposals process a qualified
independent person to perform a benchmark analysis of each
environmental permitting program administered by the department and
arrange for an independent and external peer review of each of
these programs. A person shall not be selected to perform a
benchmark analysis or peer review under this subdivision unless the
person has a proven ability to evaluate environmental permitting
activities and make recommendations for improvement. A benchmark
analysis or peer review of a permitting program shall include all
of the following:
(i) A calculation of the department's per-permit cost to
process a permit and administer the permitting program.
(ii) A review of the timeliness of the permitting process from
receipt of a permit application to approval or denial of a permit
application.
(iii) A review of the department's customer service practices
associated with the permitting program.
(iv) A review of measurable environmental impacts related to
the permitting program.
(v) A comparison of the department's performance to comparable
permitting programs administered by other Great Lake states.
(4) The director shall provide appropriate office space and
staffing for the operations of the office of environmental permits.
(5) As used in this section, "environmental permits" means all
permits and operating licenses issued by the department.
Environmental permits do not include hunting, fur harvester, or
fishing licenses.
Sec. 501c. The position of environmental ombudsman is created
within the office of environmental permits. The governor, with the
advice and consent of the senate, shall appoint an environmental
permits ombudsman who shall continue in office at the pleasure of
the governor. The environmental permits ombudsman shall do all of
the following:
(a) Provide information regarding the environmental permitting
process to individuals seeking environmental permits from the
department.
(b) Facilitate agreements on permit conditions or permit
disputes between permit applicants and the department.
(c) Assist the department and the administrator in
establishing a protocol for coordinating projects requiring more
than 1 permit from the department.
(d) Provide a cost/benefit analysis of proposed rules related
to environmental permits issued by the department.
Sec. 501d. (1) The natural resources science advisory board is
created within the department of natural resources. The board shall
consist of 5 individuals appointed by the governor with the advice
and consent of the senate with expertise in 1 or more of the
following areas:
(a) Ecological sciences.
(b) Chemistry.
(c) Biological sciences.
(d) Risk assessment.
(e) Geology.
(2) The members first appointed to the board shall be
appointed within 45 days after the effective date of the amendatory
act that added this section.
(3) Members of the board shall serve for terms of 3 years or
until a successor is appointed, whichever is later, except that of
the members first appointed 2 shall serve for 1 year, 2 shall serve
for 2 years, and 1 shall serve for 3 years.
(4) If a vacancy occurs on the board, the governor shall make
an appointment for the unexpired term in the same manner as the
original appointment.
(5) The governor may remove a member of the board for
incompetency, dereliction of duty, malfeasance, misfeasance, or
nonfeasance in office, or any other good cause.
(6) A majority of the members of the board constitute a quorum
for the transaction of business at a meeting of the board. A
majority of the members present and serving are required for
official action of the board.
(7) The business that the board may perform shall be conducted
at a public meeting of the board held in compliance with the open
meetings act, 1976 PA 267, MCL 15.261 to 15.275.
(8) A writing prepared, owned, used, in the possession of, or
retained by the board in the performance of an official function is
subject to the freedom of information act, 1976 PA 442, MCL 15.231
to 15.246.
(9) Members of the board shall serve without compensation.
However, members of the board may be reimbursed for their actual
and necessary expenses incurred in the performance of their
official duties as members of the board.
(10) The commission, the director, or the administrator may
convene the board to provide advice and guidance on a scientific
issue affecting a program administered by the department.
(11) When the board is convened, the board shall assess the
scientific issue before the board and shall determine whether the
board has sufficient expertise to fully review the issue. If the
board determines that additional expertise would aid the board in
its review, the board may appoint 1 or more consulting members who
have knowledge and expertise related to the subject of the specific
scientific inquiry. Upon appointment, these additional consulting
members shall provide advice and recommendations to the board
during the particular scientific review.
(12) The director shall provide administrative support,
including appointing an executive director of the board, to
facilitate the operations of the board.
Sec. 503. (1) The department shall protect and conserve the
air, water, and other natural resources of this state; provide and
develop facilities for outdoor recreation; prevent the destruction
of timber and other forest growth by fire or otherwise; promote the
reforesting of forestlands belonging to the state; prevent and
guard against the pollution of lakes and streams within the state
and enforce all laws provided for that purpose with all authority
granted by law; and foster and encourage the protecting and
propagation of game and fish. The department has the power and
jurisdiction over the management, control, and disposition of all
land under the public domain, except for those lands under the
public domain that are managed by other state agencies to carry out
their assigned duties and responsibilities. On behalf of the people
of the state, the department may accept gifts and grants of land
and other property and may buy, sell, exchange, or condemn land and
other property, for any of the purposes contemplated by this part.
The department may accept funds, money, or grants for development
of salmon and steelhead trout fishing in this state from the
government of the United States, or any of its departments or
agencies, pursuant to the anadromous fish conservation act, 16 USC
757a to 757f, and may use this money in accordance with the terms
and provisions of that act. However, the acceptance and use of
federal funds does not commit state funds and does not place an
obligation upon the legislature to continue the purposes for which
the funds are made available.
(2) The department may lease lands owned or controlled by the
department or may grant concessions on lands owned or controlled by
the department to any person for any purpose that the department
determines to be necessary to implement this part. In granting a
concession, the department shall provide that each concession is
awarded at least every 7 years based on extension, renegotiation,
or competitive bidding. However, if the department determines that
a concession requires a capital investment in which reasonable
financing or amortization necessitates a longer term, the
department may grant a concession for up to a 15-year term. A
concession granted under this subsection shall require, unless the
department authorizes otherwise, that all buildings and equipment
shall be removed at the end of the concession's term. Any lease
entered into under this subsection shall limit the purposes for
which the leased land is to be used and shall authorize the
department to terminate the lease upon a finding that the land is
being used for purposes other than those permitted in the lease.
Unless otherwise provided by law, money received from a lease or a
concession of tax reverted land shall be credited to the fund
providing financial support for the management of the leased land.
Money received from a lease of all other land shall be credited to
the fund from which the land was purchased. However, money received
from program-related leases on these lands shall be credited to the
fund providing financial support for the management of the leased
lands. For land managed by the forest management division of the
department, that fund is either the forest development fund
established pursuant to part 505 or the forest recreation account
of the Michigan conservation and recreation legacy fund provided
for in section 2005. For land managed by the wildlife or fisheries
division of the department, that fund is the game and fish
protection account of the Michigan conservation and recreation
legacy fund provided for in section 2010.
(3) When the department sells land, the deed by which the land
is conveyed may reserve all mineral, coal, oil, and gas rights to
the state only when the land is in production or is leased or
permitted for production, or when the department determines that
the land has unusual or sensitive environmental features or that it
is in the best interest of this state to reserve those rights as
determined by commission policy. However, the department shall not
reserve the rights to sand, gravel, clay, or other nonmetallic
minerals. When the department sells land that contains subsurface
rights, the department shall include a deed restriction that
restricts the subsurface rights from being severed from the surface
rights in the future. If the landowner severs the subsurface rights
from the surface rights, the subsurface rights revert to this
state. The deed may reserve to the state the right of ingress and
egress over and across land along watercourses and streams.
Whenever an exchange of land is made, either with the United States
government, a corporation, or an individual, for the purpose of
consolidating the state forest reserves, the department may issue
deeds without reserving to the state the mineral, coal, oil, and
gas rights and the rights of ingress and egress. The department may
sell the limestone, sand, gravel, or other nonmetallic minerals.
However, the department shall not sell a mineral or nonmetallic
mineral right if the sale would violate part 353, part 637, or any
other provision of law. The department may sell all reserved
mineral, coal, oil, and gas rights to such lands upon terms and
conditions as the department considers proper and may sell oil and
gas rights as provided in part 610. The owner of such lands as
shown by the records shall be given priority in case the department
authorizes any sale of such lands, and, unless the landowner waives
such rights, the department shall not sell such rights to any other
person. For the purpose of this section, mineral rights do not
include rights to sand, gravel, clay, or other nonmetallic
minerals.
(4) The department may enter into contracts for the sale of
the economic share of royalty interests it holds in hydrocarbons
produced from devonian or antrim shale qualifying for the
nonconventional fuel credit contained in section 29 of the internal
revenue code of 1986. However, in entering into these contracts,
the department shall assure that revenues to the natural resources
trust fund under these contracts are not less than the revenues the
natural resources trust fund would have received if the contracts
were not entered into. The sale of the economic share of royalty
interests under this subsection may occur under contractual terms
and conditions considered appropriate by the department and as
approved by the state administrative board. Funds received from the
sale of the economic share of royalty interests under this
subsection shall be transmitted to the state treasurer for deposit
in the state treasury as follows:
(a) Net proceeds allocable to the nonconventional fuel credit
contained in section 29 of the internal revenue code of 1986, under
this subsection shall be credited to the environmental protection
fund created in section 503a.
(b) Proceeds related to the production of oil or gas from
devonian or antrim shale shall be credited to the natural resources
trust fund or other applicable fund as provided by law.
(5) As used in subsection (4):
(a) "Natural resources trust fund" means the Michigan natural
resources trust fund established in section 35 of article IX of the
state constitution of 1963 and provided for in section 1902.
(b) "Net proceeds" means the total receipts received from the
sale of royalty interests under subsection (4) less costs related
to the sale. Costs may include, but are not limited to, legal,
financial advisory, geological or reserve studies, and accounting
services.
(6) As used in this section:
(a) "Concession" means an agreement between the department and
a person under terms and conditions as specified by the department
to provide services or recreational opportunities for public use.
(b) "Lease" means a conveyance by the department to a person
of a portion of the state's interest in land under specific terms
and for valuable consideration, thereby granting to the lessee the
possession of that portion conveyed during the period stipulated.
Sec. 508. The department may establish and collect fees and
rentals for any photographic or publication products or services
that the department provides. The fees and rentals shall be
credited to a separate fund of the state treasury and shall be
available
for appropriation to the department of natural resources
and used to provide the photographic or publication products or
services. The fees and rentals shall not exceed the material costs
to the department of providing the products or services. In
addition, the expenditures made in a fiscal year to provide the
photographic and publication products or services shall not exceed
the amount appropriated for that purpose for that fiscal year, plus
any amounts carried over from previous fiscal years, or the amount
of fees and rentals actually received during that fiscal year, plus
any amounts carried over from previous fiscal years, whichever is
less. Any unexpended fees and rentals collected pursuant to this
section, along with any excess collections from prior fiscal years,
shall be carried over into subsequent fiscal years and shall be
available for appropriation for the purposes described in this
section.
Sec.
510. (1) Money received by the department of natural
resources
for reimbursement of damages to
department of natural
resources
property, reimbursement of land
recording fees, sale of
farm animals from Maybury state park, reimbursement for utilities
for the Michigan state exposition and fairgrounds, reproduction of
the agenda of the commission or other meetings of the department,
reimbursement for forest fire protection services provided to the
federal government or other states, and money received from
forfeited cash bonds, security bonds, and court ordered
reimbursements may be credited to the accounts from which these
disbursements were or are to be made.
(2) The department may establish and collect fees for use of
aircraft
and pilots of the department. of natural resources. The
aircraft fees collected shall be credited to a separate fund of the
state treasury and shall be available for appropriation to the
department
of natural resources and used to pay all operating and
maintenance costs of the aircraft, including depreciation and
aircraft replacement, but shall not exceed the fee revenue
collected for the fiscal year together with any unexpended balances
of prior years.
Sec. 1101. (1) If a person has legal standing to challenge a
final decision of the department under this act regarding the
issuance, denial, suspension, revocation, annulment, withdrawal,
recall, cancellation, or amendment of a permit or operating
license,
the commission administrator, upon request of that person,
shall review the decision and make the final agency decision. A
preliminary, procedural, or intermediate decision of the department
is
reviewable by the commission administrator
only if the
commission
administrator elects to grant a review. If a person is
granted
review by the commission administrator
under this section,
the person is considered to have exhausted his or her
administrative
remedies with regard to that matter. The commission
administrator may utilize administrative law judges or hearing
officers to conduct the review of decisions as contested case
hearings and to issue proposals for decisions as provided by law or
rule.
(2) In all instances, except those described in subsection
(1), if a person has legal standing to challenge a final decision
of the department under this act, that person may seek direct
review by the courts as provided by law. Direct review by the
courts is available to that person as an alternative to any
administrative remedy that is provided in this act. A preliminary,
procedural, or intermediate action or ruling of the department is
not immediately reviewable, except that the court may grant leave
for review of a preliminary, procedural, or intermediate action or
ruling if the court determines that review of the final decision
would not provide an adequate remedy. If a person is granted direct
review by the courts under this section, the person is considered
to have exhausted his or her administrative remedies with regard to
that matter.
(3) If the court does not review a decision of the department
brought before the court as provided in this section, the person
with legal standing retains any administrative appeal rights that
are otherwise provided by law.
(4) If the court reviews a preliminary, procedural, or
intermediate decision of the department brought before the court as
provided in this section, the person with legal standing retains
the right to judicial review of the final decision of the
department as provided by law.
(5) This section does not apply to a hunting, fur harvester,
or fishing license issued by the department.
Sec. 1301. As used in this part:
(a) "Application period" means the period beginning when an
application for a permit is received by the state and ending when
the application is considered to be administratively complete under
section 1305 and any applicable fee has been paid.
(b) "Department" means, subject to section 1101, the
department, agency, or officer authorized by this act to approve or
deny an application for a particular permit.
(c) "Director" means, subject to section 1101, the director of
the state department authorized under this act to approve or deny
an application for a particular permit or the director's designee.
(d) "Permit" means a permit or operating license required by
any of the following sections or by rules promulgated thereunder,
or, in the case of section 9112, by an ordinance or resolution
adopted thereunder:
(i) Section 3104, floodplain alteration permit.
(ii) Section 3503, permit for use of water in mining iron ore.
(iii) Section 4105, sewerage system construction permit.
(iv) Section 6516, vehicle testing license.
(v) Section 6521, motor vehicle fleet testing permit.
(vi) Section 8310, restricted use pesticide dealer license.
(vii) Section 8310a, agricultural pesticide dealer license.
(viii) Section 8504, license to manufacture or distribute
fertilizer.
(ix) Section 9112, local soil erosion and sedimentation control
permit.
(x) Section 11509, solid waste disposal area construction
permit.
(xi) Section 11512, solid waste disposal area operating
license.
(xii) Section 11542, municipal solid waste incinerator ash
landfill operating license amendment.
(xiii) Section 11702, septage waste servicing license or septage
waste vehicle license.
(xiv) Section 11709, septage waste site permit.
(xv) Section 30104, inland lakes and streams project permit.
(xvi) Section 30304, state permit for dredging, filling, or
other activity in wetland.
(xvii) Section 31509, dam construction, repair, removal permit.
(xviii) Section 32312, flood risk, high risk, or environmental
area permit.
(xix) Section 32503, permit for dredging and filling
bottomland.
(xx) Section 35304, department permit for critical dune area
use.
(xxi) Section 36505, endangered species permit.
(xxii) Section 41702, game bird hunting preserve license.
(xxiii) Section 42101, dog training area permit.
(xxiv) Section 42501, fur dealer's license.
(xxv) Section 42702, game dealer's license.
(xxvi) Section 44513, charter boat operating permit under
reciprocal agreement.
(xxvii) Section 44517, boat livery operating permit.
(xxviii) Section 45503, permit to take frogs for scientific use.
(xxix) Section 45902, game fish propagation license.
(xxx) Section 45906, game fish import license.
(xxxi) Section 61525, oil or gas well drilling permit.
(xxxii) Section 62509, brine, storage, or waste disposal well
drilling or conversion permit or test well drilling permit.
(xxxiii) Section 63103a, metallic mineral mining permit.
(xxxiv) Section 63514 or 63525, surface coal mining and
reclamation permit or revision of the permit during the term of the
permit, respectively.
(xxxv) Section 63704, sand dune mining permit.
(xxxvi) Section 72108, use permits for Michigan trailway.
(xxxvii) Section 76109, sunken aircraft or watercraft abandoned
property recovery permit.
(xxxviii) Section 76504, Mackinac Island motor vehicle and land
use permits.
(xxxix) Section 80159, buoy or beacon permit.
(e) "Processing deadline" means the last day of the processing
period.
(f) "Processing period" means the following time period after
the close of the application period, for the following permit, as
applicable:
(i) Twenty days for a permit under section 61525 or 62509.
(ii) Thirty days for a permit under section 9112.
(iii) Thirty days after the department consults with the
underwater salvage and preserve committee created under section
76103, for a permit under section 76109.
(iv) Sixty days, for a permit under section 30104 for a minor
project as established by rule under section 30105(7) or for a
permit under section 32312.
(v) Sixty days or, if a hearing is held, 90 days for a permit
under section 35304.
(vi) Sixty days or, if a hearing is held, 120 days for a permit
under section 30104, other than a permit for a minor project as
established by rule under section 30105(7), or for a permit under
section 31509.
(vii) Ninety days for a permit under section 11512, a revision
of a surface coal mining and reclamation permit during the term of
the permit under section 63525, or a permit under section 72108.
(viii) Ninety days or, if a hearing is held, 150 days for a
permit under section 3104, 30304, or 32503.
(ix) One hundred and twenty days for a permit under section
11509, 11542, 63103a, 63514, or 63704.
(x) One hundred fifty days for a permit under section 36505.
However, if a site inspection or federal approval is required, the
150-day period is tolled pending completion of the inspection or
receipt of the federal approval.
(xi) For any other permit, 150 days or, if a hearing is held,
90 days after the hearing, whichever is later.
Sec.
2521. (1) The department of environmental quality, in
conjunction
with the department of natural resources, shall
biennially prepare a report that assesses the status of and trends
related to the overall state of the natural environment in
Michigan. The report shall be based upon environmental indicators
identified
by the departments of environmental quality and natural
resources
department and upon data obtained through sound
scientific methodologies and processes. The report shall be
submitted to the governor, to the standing committees of the
legislature with jurisdiction over issues primarily related to
natural resources and the environment, and to the senate and house
appropriations subcommittees on environmental quality and natural
resources. The report shall be submitted not later than October 1,
2008 and every third year thereafter. The reports shall also be
made available to the public electronically and, upon request, in
paper format.
(2)
The departments of environmental quality and natural
resources
department shall monitor efforts undergoing in other
states and nationally to establish uniformity among environmental
indicators that might be included within the report.
(3)
All state agencies shall cooperate with the departments of
environmental
quality and natural resources department
in carrying
out their responsibilities under this section.
(4) As used in this section, "environmental indicator" means a
measure of the state of the natural environment that can be derived
from empirical data. The department shall use the most recent data
available. If relevant data is not available, the department shall
include in the report recommendations for gathering data in the
future.
Sec. 3101. As used in this part:
(a) "Aquatic nuisance species" means a nonindigenous species
that threatens the diversity or abundance of native species or the
ecological stability of infested waters, or commercial,
agricultural, aquacultural, or recreational activities dependent on
such waters.
(b) "Ballast water" means water and associated solids taken on
board a vessel to control or maintain trim, draft, stability, or
stresses on the vessel, without regard to the manner in which it is
carried.
(c) "Ballast water treatment method" means a method of
treating ballast water and sediments to remove or destroy living
biological organisms through 1 or more of the following:
(i) Filtration.
(ii) The application of biocides or ultraviolet light.
(iii) Thermal methods.
(iv) Other treatment techniques approved by the department.
(d)
"Department" means the department of environmental
quality.
(d) (e)
"Detroit
consumer price index" means the most
comprehensive index of consumer prices available for the Detroit
area from the United States department of labor, bureau of labor
statistics.
(e) (f)
"Emergency management
coordinator" means that term as
defined in section 2 of the emergency management act, 1976 PA 390,
MCL 30.402.
(f) (g)
"Great Lakes"
means the Great Lakes and their
connecting waters, including Lake St. Clair.
(g) (h)
"Group 1 facility" means
a facility whose discharge is
described by R 323.2218 of the Michigan administrative code.
(h) (i)
"Group 2 facility" means
a facility whose discharge is
described by R 323.2210(y), R 323.2215, or R 323.2216 of the
Michigan administrative code.
(i) (j)
"Group 3 facility" means
a facility whose discharge is
described by R 323.2211 or R 323.2213 of the Michigan
administrative code.
(j) (k)
"Local health department"
means that term as defined
in section 1105 of the public health code, 1978 PA 368, MCL
333.1105.
(k) (l) "Local
unit" means a county, city, village, or township
or an agency or instrumentality of any of these entities.
(l) (m)
"Municipality" means this
state, a county, city,
village, or township, or an agency or instrumentality of any of
these entities.
(m) (n)
"National response
center" means the national
communications center established under the clean water act, 33 USC
1251 to 1387, located in Washington, DC, that receives and relays
notice of oil discharge or releases of hazardous substances to
appropriate federal officials.
(n) (o)
"Nonoceangoing vessel"
means a vessel that is not an
oceangoing vessel.
(o) (p)
"Oceangoing vessel" means
a vessel that operates on
the Great Lakes or the St. Lawrence waterway after operating in
waters outside of the Great Lakes or the St. Lawrence waterway.
(p) (q)
"Open water disposal of
contaminated dredge materials"
means the placement of dredge materials contaminated with toxic
substances as defined in R 323.1205 of the Michigan administrative
code into the open waters of the waters of the state but does not
include the siting or use of a confined disposal facility
designated by the United States army corps of engineers or beach
nourishment activities utilizing uncontaminated materials.
(q) (r)
"Primary public safety
answering point" means that
term
as defined in section 102 of the emergency telephone 9-1-1
service enabling act, 1986 PA 32, MCL 484.1102.
(r) (s)
"Sediments" means any
matter settled out of ballast
water within a vessel.
(s) (t)
"Sewage sludge" means
sewage sludge generated in the
treatment of domestic sewage, other than only septage or industrial
waste.
(t) (u)
"Sewage sludge
derivative" means a product for land
application derived from sewage sludge that does not include solid
waste or other waste regulated under this act.
(u) (v)
"Sewage sludge generator"
means a person who generates
sewage sludge that is applied to land.
(v) (w)
"Sewage sludge
distributor" means a person who
applies, markets, or distributes, except at retail, a sewage sludge
derivative.
(w) (x)
"St. Lawrence
waterway" means the St. Lawrence
river,
the St. Lawrence seaway, and the gulf of St. Lawrence.
(x) (y)
"Threshold reporting
quantity" means that term as
defined in R 324.2002 of the Michigan administrative code.
(y) (z)
"Waters of the state"
means groundwaters, lakes,
rivers, and streams and all other watercourses and waters,
including the Great Lakes, within the jurisdiction of this state.
Sec.
3131. (1) By October 1, 1997, the The
department of
environmental
quality in consultation with the
department of
agriculture shall promulgate rules to manage the land application
of sewage sludge and sewage sludge derivatives. The rules shall be
consistent
with the minimum requirements of 40 C.F.R. CFR part
503
but may impose requirements in addition to or more stringent than
40
C.F.R. CFR part 503 to protect public health or the environment
from any adverse effect from a pollutant in sewage sludge or in a
sewage sludge derivative. However, the rules shall require that if
monitoring of sewage sludge or a sewage sludge derivative indicates
a pollutant concentration in excess of that provided in table 3 of
40
C.F.R. CFR 503.13, monitoring frequency shall be increased to
not
less than twice that provided in table 1 of 40 C.F.R. CFR
503.16, until pollutant concentrations are at or below those
provided
in table 3 of 40 C.F.R. CFR
503.13. The rules shall
require a sewage sludge generator or sewage sludge distributor to
deliver to a county, city, village, or township a copy of any
record required to be created under the rules pertaining to sewage
sludge or a sewage sludge derivative applied to land in that local
unit. The copy shall be delivered free of charge promptly after the
record is created.
(2)
If the Michigan supreme court rules that sections 45 and
46
of the administrative procedures act of 1969, 1969 PA 306, MCL
24.245
and 24.246, are unconstitutional and a statute requiring
legislative
review of administrative rules is not enacted within 90
days
after the Michigan supreme court ruling, the rule-making
authority
under this section and any rules promulgated under that
rule-making
authority are rescinded, and the land application of
sewage
sludge shall be managed by the department of environmental
quality
in consultation with the department of agriculture
consistent
with the requirements of 40 C.F.R. part 503.
Sec. 3132. (1) Beginning in state fiscal year 1998, an annual
sewage sludge land application fee is imposed upon sewage sludge
generators and sewage sludge distributors. The sewage sludge land
application fee shall be in an amount equal to the sum of an
administrative fee and a generation fee. The administrative fee
shall be $400.00 and the department shall set the generation fee as
provided by subsection (2). The department shall set the generation
fee so that the annual cumulative total of the sewage sludge land
application fee to be paid in a state fiscal year is, as nearly as
possible, $650,000.00 minus the amount in the fund created under
subsection (5) carried forward from the prior state fiscal year.
Starting with fees to be paid in state fiscal year 1999, the
$650,000.00 amount shall be annually adjusted for inflation using
the Detroit consumer price index.
(2) Each sewage sludge generator and sewage sludge distributor
shall annually report to the department for each state fiscal year,
beginning with the 1997 state fiscal year, the number of dry tons
of sewage sludge it generated or the number of dry tons of sewage
sludge in sewage sludge derivatives it distributed that were
applied to land in that state fiscal year. The report is due 30
days after the end of the state fiscal year. By December 15 of each
state fiscal year, the department shall determine the generation
fee on a per dry ton basis by dividing the cumulative generation
fee by the number of dry tons of sewage sludge applied to land or
in sewage sludge derivatives applied to land in the immediately
preceding state fiscal year. The department shall notify each
sewage sludge generator and sewage sludge distributor of the
generation fee on a per dry ton basis. Notwithstanding any other
provision of this section, for the 1998 state fiscal year, the
generation fee shall not exceed $4.00 per dry ton.
(3) By January 31 of each state fiscal year, each sewage
sludge generator or sewage sludge distributor shall pay its sewage
sludge land application fee. The sewage sludge generator or sewage
sludge distributor shall determine the amount of its sewage sludge
land application fee by multiplying the number of dry tons of
sewage sludge that it reported under subsection (2) by the
generation fee and adding the administrative fee.
(4)
The department of environmental quality shall assess
interest on all fee payments submitted under this section after the
due date. The permittee shall pay an additional amount equal to
0.75% of the payment due for each month or portion of a month the
payment remains past due. The failure by a person to timely pay a
fee imposed by this section is a violation of this part.
(5) The sewage sludge land application fund is created in the
state
treasury. The department of environmental quality shall
forward all fees collected under this section to the state
treasurer for deposit into the fund. The state treasurer may
receive money or other assets from any source for deposit into the
fund. The state treasurer shall direct the investment of the fund.
The state treasurer shall credit to the fund interest and earnings
from fund investments. An unexpended balance within the fund at the
close of the state fiscal year shall be carried forward to the
following state fiscal year. The fund shall be allocated solely for
the administration of this section and sections 3131 and 3133,
including, but not limited to, education of the farmers, sewage
sludge generators, sewage sludge distributors, and the general
public about land application of sewage sludge and sewage sludge
derivatives and the requirements of this section and sections 3131
and
3133. The director of the department of environmental quality
may contract with a nonprofit educational organization to
administer the educational components of this section. Ten percent
of the fund shall be allocated to the department of agriculture to
provide persons involved in or affected by land application of
sewage sludge or sewage sludge derivatives with education and
technical assistance relating to land application of sewage sludge
or sewage sludge derivatives.
(6) A local unit may enact, maintain, and enforce an ordinance
that prohibits the land application of sewage sludge or a sewage
sludge derivative if monitoring indicates a pollutant concentration
in
excess of that provided in table 1 of 40 C.F.R. CFR 503.13
until
subsequent monitoring indicates that pollutant concentrations do
not
exceed those provided in table 1 of 40 C.F.R. CFR 503.13.
Sec. 3133. (1) Except as otherwise provided in this section,
sections 3131 and 3132 preempt a local ordinance, regulation, or
resolution of a local unit that would duplicate, extend, revise, or
conflict with section 3131 or 3132. Except as otherwise provided
for in this section, a local unit shall not enact, maintain, or
enforce an ordinance, regulation, or resolution that duplicates,
extends, revises, or conflicts with section 3131 or 3132.
(2)
The director of the department of environmental quality
may contract with a local unit to act as its agent for the purpose
of enforcing this section and sections 3131 and 3132. The
department shall have sole authority to assess fees. If a local
unit
is under contract with the department of environmental quality
to act as its agent or the local unit has received prior written
authorization from the department, then the local unit may pass an
ordinance that is identical to section 3132 and rules promulgated
under section 3131, except as prohibited in subsection (4).
(3) A local unit may enact an ordinance prescribing standards
in addition to or more stringent than those contained in section
3132 or in rules promulgated under section 3131 and which regulate
a sewage sludge or sewage sludge derivative land application site
under either or both of the following circumstances:
(a) The operation of a sewage sludge or sewage sludge
derivative land application site within that local unit will result
in unreasonable adverse effects on the environment or public health
within the local unit. The determination that unreasonable adverse
effects on the environment or public health will exist shall take
into consideration specific populations whose health may be
adversely affected within the local unit.
(b) The operation of a sewage sludge or sewage sludge
derivative land application site within that local unit has
resulted or will result in the local unit being in violation of
other existing state laws or federal laws.
(4) An ordinance enacted pursuant to subsection (2) or (3)
shall not conflict with existing state laws or federal laws. An
ordinance enacted pursuant to subsection (3) shall not be enforced
by a local unit until approved or conditionally approved by the
director
of the department of environmental quality under
subsection (5). The local unit shall comply with any conditions of
approval.
(5) If the legislative body of a local unit submits to the
department
of environmental quality a resolution identifying how
the requirements of subsection (3)(a) or (b) are met, the
department shall hold a public meeting in the local unit within 60
days after the submission of the resolution to assist the
department in determining whether the requirements of subsection
(3)(a) or (b) are met. Within 45 days after the public meeting, the
department shall issue a detailed opinion on whether the
requirements of subsection (3)(a) or (b) are met as identified by
the resolution of the local unit and shall approve, conditionally
approve, or disapprove the ordinance accordingly. If the department
fails to satisfy the requirements of this subsection, the ordinance
is considered to be approved.
Sec. 3301. As used in this part:
(a) "Aquatic nuisance" means an organism that lives or
propagates, or both, within the aquatic environment and that
impairs the use or enjoyment of the waters of the state, including
the intermediate aquatic hosts for schistosomes that cause
swimmer's itch.
(b) "Certificate of coverage" means written authorization from
the department to implement a project under a general permit.
(c)
"Department" means the department of environmental
quality.
(d)
"Director" means the director of the department.
Sec. 5201. As used in this part:
(a) "Authority" means the Michigan municipal bond authority
created in section 4 of the shared credit rating act, 1985 PA 227,
MCL 141.1054.
(b)
"Department" means the department of environmental
quality.
(b) (c)
"Fund" means the
strategic water quality initiatives
fund created in section 5204.
(c) (d)
"Grant" means a grant
from the grant program.
(d) (e)
"Grant program" means the
strategic water quality
initiatives grant program established under section 5204a.
(e) (f)
"Loan" means a loan from
the loan program.
(f) (g)
"Loan program" means the
strategic water quality
initiatives loan program established under section 5202.
(g) (h)
"Municipality" means that
term as it is defined in
section 5301.
(h) (i)
"On-site septic system"
means a natural system or
mechanical device used to store, treat, and dispose of sewage from
1 or more dwelling units that utilize a subsurface trench or bed
that allows the effluent to be absorbed and treated by the
surrounding soil, including a septic tank and tile field system.
(i) (j)
"State water pollution control
revolving fund" means
the state water pollution control revolving fund established under
section 16a of the shared credit rating act, 1985 PA 227, MCL
141.1066a.
Sec. 5402. As used in this part:
(a)
"Department" means the department of environmental quality
or
its authorized agent or representative.
(b)
"Director" means the director of the department of
environmental
quality or his or her designated representative.
(a) (c)
"Disadvantaged community"
means a municipality in
which all of the following conditions are met:
(i) Users within the area served by a proposed public water
supply project are directly assessed for the costs of construction.
(ii) The area served by a proposed public water supply project
does not exceed 120% of the statewide median annual household
income for Michigan.
(iii) The municipality demonstrates at least 1 of the following:
(A) More than 50% of the area served by a proposed public
water supply project is identified as a poverty area by the United
States bureau of the census.
(B) The median annual household income of the area served by a
proposed public water supply project is less than the most recently
published federal poverty guidelines for a family of 4 in the 48
contiguous United States. In determining the median annual
household income of the area served by the proposed public water
supply project under this subparagraph, the municipality shall
utilize the most recently published statistics from the United
States Bureau of the Census, updated to reflect current dollars,
for the community which most closely approximates the area being
served. If these figures are not available for the area served by
the proposed public water supply project, the municipality may have
a survey conducted to document the median annual household income
of the area served by the project.
(C) The median annual household income of the area served by a
proposed public water supply project is less than the most recently
published statewide median annual household income for Michigan,
and annual user costs for water supply exceed 1.5% of the median
annual household income of the area served by the proposed public
water supply project.
(D) The median annual household income of the area served by a
proposed public water supply project is not greater than 120% of
the statewide median annual household income for Michigan, and
annual user costs for water supply exceed 3% of the median annual
household income of the area served by the proposed project.
(b) (d)
"Federal safe drinking water
act" means title XIV of
the public health service act, chapter 373, 88 Stat. 1660, and the
rules promulgated under that act.
(c) (e)
"Fund" means the safe
drinking water revolving fund
created in section 16b of the shared credit rating act, 1985 PA
227, MCL 141.1066b.
(d) (f)
"Fundable range" means
those projects, taken in
descending order on the priority list, for which the department
estimates sufficient funds exist to provide assistance during each
annual funding cycle.
(e) (g)
"Municipality" means a
city, village, county,
township, authority, public school district, or other public body
with taxing authority, including an intermunicipal agency of 2 or
more municipalities, authorized or created under state law.
(f) (h)
"Noncommunity water
supply" means a public water
supply that is not a community water supply, but that has not less
than 15 service connections or that serves not less than 25
individuals on an average daily basis for not less than 60 days per
year.
Sec. 5703. (1) The office of the small business clean air
ombudsman
is created within the department of commerce energy,
labor, and economic growth. The office shall exercise its powers
and duties independently of any state department or entity.
(2) The principal executive officer of the office is the small
business clean air ombudsman, who shall be appointed by the
governor.
Sec. 5705. The program is created in the department of
commerce
energy, labor, and economic
growth. The program shall
develop adequate mechanisms for all of the following:
(a) Developing, collecting, and coordinating information on
compliance methods and technologies for small businesses.
(b) Encouraging lawful cooperation among small businesses and
other persons to further compliance with the clean air act and part
55.
(c) Assisting small business with information regarding
pollution prevention and accidental release detection and
prevention, including, but not limited to, providing information
concerning alternative technologies, process changes, and products
and methods of operation that help reduce air pollution.
(d) Establishing a compliance assistance program that assists
small businesses in determining applicable requirements for
compliance and the procedures for obtaining permits efficiently in
a timely manner under the clean air act or part 55, or both.
(e) Providing mechanisms and access to information so that
small businesses receive notification of their rights under the
clean air act and part 55 in a manner and form that assures
reasonably adequate time for small businesses to evaluate their
compliance methods or applicable proposed or final rules or
standards under the clean air act and part 55.
(f) Informing small businesses of their obligations under the
clean air act and part 55, including mechanisms for referring small
businesses to qualified auditors or to the state if the state
elects to provide audits to determine compliance with the clean air
act and part 55. To the extent permissible by state and federal
law, audits shall be separate from the formal inspection and
compliance program.
(g) Providing information on how to obtain consideration from
the department on requests from small businesses for modifications
of any work practice, technological method of compliance, or the
schedule of milestones for reductions of emissions preceding an
applicable compliance date.
Sec. 6306. (1) Each motor vehicle subject to this part shall
be inspected for emissions as provided in this part. A person shall
not operate a motor vehicle subject to this part whose certificate
of compliance has expired or who has not received a time extension
or waiver and whose vehicle fails to meet emission cut points
established by the department or other emission control
requirements established by the department in this part. If a
vehicle subject to testing under this part has not been tested
within the previous 12 months, the prospective seller of the
vehicle shall have the vehicle tested and complete necessary
repairs before offering the vehicle for sale.
(2) To enforce this section, the department shall implement
and administer a motor vehicle emissions inspection and maintenance
program designed to meet the performance standards for a motor
vehicle emissions inspection and maintenance program as established
by
the United States environmental protection agency in 40 C.F.R.
CFR 51.351 in the counties of Kent, Ottawa, and Muskegon in those
areas that are not in attainment of the national ambient air
quality standards for ozone. However, those counties that would be
in attainment of the national ambient air quality standards for
ozone, given base line emissions for that county, but for emissions
emanating from outside of the state, are excluded from
implementation of such a program unless the department of
environmental
quality natural resources shall affirmatively
determine by clear and convincing evidence, based on study of
formation and transport of ozone, that the control of motor vehicle
emissions would significantly contribute to the attainment of the
national ambient air quality standards for ozone as promulgated
under the clean air act. The motor vehicle emissions inspection and
maintenance program shall include the following test procedures and
components:
(a) Biennial testing.
(b) Test-only network.
(c) Transient mass-emission evaporative system, purge, and
pressure testing on 1981 and later model year vehicles using the
IM240 driving cycle.
(d) Two-speed idle testing, antitampering, and pressure test
on 1975 to 1980 vehicles in accordance with the following:
(i) Visual antitampering inspection of the catalytic converter,
gas cap, PCV valve, air pump, and fuel inlet restrictor on light-
duty gas vehicles and light-duty gas trucks of 10,000 pounds or
less gross vehicle weight.
(ii) Pressure test of the evaporative system for light-duty gas
vehicles and light-duty gas trucks of 10,000 pounds or less gross
vehicle weight.
(e) On-board diagnostic check for vehicles so equipped.
(3) The cut points set forth in test procedures, quality
control requirements, and equipment specifications issued by the
United States environmental protection agency are hereby adopted
for the emissions testing program authorized in this part.
(4) Equipment and test procedures shall meet the requirements
of
appendices A through E to subpart S of 40 C.F.R. CFR 51
and the
test procedures, quality control requirements, and equipment
specifications issued by the United States environmental protection
agency.
(5) Vehicles shall be subject to inspection according to the
following:
(a) The first initial inspection under this part for each even
numbered model year vehicle shall take place within 6 months before
the expiration of the vehicle registration in an even numbered
calendar year.
(b) The first initial inspection under this part for each odd
numbered model year vehicle shall take place within 6 months before
the expiration of the vehicle registration in an odd numbered
calendar year.
(6) The department, in consultation with the department of
state
and the department of environmental quality natural
resources, may promulgate rules for the administration of the motor
vehicle emissions inspection and maintenance program, including,
but not limited to, all of the following:
(a) Standards for public inspection station equipment,
including emission testing equipment.
(b) Emission test cut points and other emission control
requirements based on the clean air act and the state
implementation plan.
(c) Exemptions from inspections as authorized under this part.
(d) Standards and procedures for the issuance of certificates
of compliance and certificates of waiver from inspection and
maintenance program requirements.
(e) Rules to ensure that owners of motor vehicles registered
in this state who temporarily reside out of state are not unduly
inconvenienced by the requirements of this part. The rules may
include any of the following:
(i) Reciprocal agreements with other states that require motor
vehicle inspections that are at least as stringent as those
required under this part and rules promulgated under this part.
(ii) Provision for time extensions of not more than 2 years for
persons temporarily residing in a state, the District of Columbia,
or a territory of the United States with which this state has not
entered into a reciprocal agreement for vehicle emissions
inspection and maintenance. Additional time extensions shall be
granted to persons temporarily residing out of state because of
military service.
(7) The department may promulgate rules to require the
inspection of motor vehicles through the use of remote sensing
devices. These rules may provide for use of remote sensing devices
for research purposes, but shall not provide for any checklanes or
other measures by which motorists will be stopped on highways or
other areas open to the general public.
(8) Upon receipt of documentation from the department, the
department of state may suspend the registration of any vehicle
that is not in compliance with this part and the rules promulgated
under this part and for which the required certificate of
compliance has not been obtained.
(9) If any area in this state subject to this part is
redesignated by the United States environmental protection agency
as being in attainment with the national ambient air quality
standards for ozone, a motor vehicle emissions inspection and
maintenance program authorized by this part is suspended and shall
only be reimplemented if required as a contingency measure included
in a maintenance plan approved by the United States environmental
protection agency as part of the redesignation as an ozone
attainment area. The department may only implement the contingency
measure if there is observation of an actual violation of the ozone
national
ambient air quality standard under 40 C.F.R. CFR 50.9
during the maintenance period.
(10) Implementation of a motor vehicle emissions inspection
and maintenance program authorized by this part shall be suspended
if the classification of the Grand Rapids and Muskegon ozone
nonattainment areas is adjusted from moderate ozone nonattainment
areas to transitional or marginal nonattainment areas by the United
States environmental protection agency pursuant to its authority
under
section 181 of the clean air act, 42 U.S.C. USC 7511,
or if
the United States environmental protection agency determines that a
motor vehicle emissions inspection and maintenance program is not
applicable or is not necessary for either of these areas to meet
the requirements of the clean air act.
Sec. 8307a. (1) Every pesticide distributed, sold, exposed, or
offered for sale in this state shall be registered with the
director pursuant to this part. The registration shall be submitted
on a form provided by the director and shall be renewed annually
before July 1. The director shall not register a pesticide under
this part unless the registrant has paid all groundwater protection
fees and late fees required under part 87, registration fees under
this part, and any administrative fines imposed under this part.
(2) A pesticide is considered distributed, sold, exposed, or
offered for sale in this state when the offer to sell either
originates within this state or is directed by the offeror to
persons in this state and received by those persons.
(3) If a registrant distributes identical pesticides under
more than 1 brand name, or distributes more than 1 pesticide
formulation, each brand or formulation shall be registered as a
separate product.
(4) A registrant shall not register a pesticide that contains
a substance that is required to be registered with the department
unless that substance is also registered with the department.
(5) A pesticide registration applicant shall submit to the
director a complete copy of the pesticide labeling and the
following, in a format prescribed by the director:
(a) The name and address of the applicant and the name and
address of the person whose name will appear on the label, if other
than the applicant.
(b) The full product name of the pesticide and the EPA
registration number.
(c) Other information considered necessary by the director.
(6) The applicant shall submit a complete formula of the
pesticide proposed for registration, including the active and inert
ingredients, when requested by the director and necessary for the
director to execute his or her duties under this part. The director
shall not use any information relative to formulas of products,
trade secrets, or other information obtained under this part for
his or her own advantage or reveal such information, other than to
his or her authorized representative, the EPA, the department of
environmental
quality natural resources, the department of
community health, a court of the state in response to a subpoena, a
licensed physician, or in an emergency to a pharmacist or other
persons qualified to administer antidotes.
Sec. 8707. (1) The director, in conjunction with Michigan
state university extension and the Michigan state university
agricultural experiment station, and in cooperation with the United
States department of agriculture natural resources conservation
service,
the department of environmental quality natural resources,
and other professional and industry organizations, shall develop
groundwater stewardship practices for approval by the commission of
agriculture and upon approval shall promote their implementation.
(2) The director, in conjunction with Michigan state
university,
the department of environmental quality natural
resources, and other persons the director considers appropriate,
shall develop a voluntary on-site evaluation system for pesticide
or nitrogen fertilizer use. The on-site evaluation system shall be
designed to do all of the following:
(a) Provide persons with the ability to voluntarily determine
the relative groundwater impact potential posed by their use of
pesticides and nitrogen fertilizers.
(b) Provide persons with the ability to determine the degree
to which operations are in accord with groundwater stewardship
practices and applicable groundwater protection rules.
(c) Prioritize operational changes at the site level intended
to protect groundwater.
(d) Guide persons to appropriate technical and educational
materials.
(3) The director, in conjunction with the groundwater advisory
council, shall review and evaluate the effectiveness of groundwater
stewardship practices adopted under subsection (1).
Sec. 8801. As used in this part:
(a)
"Department" means the department of environmental
quality.
(a) (b)
"Director" means the
director of the department of
natural resources.
(b) (c)
"Fund" means the clean
water fund created in section
8807.
(c) (d)
"Grant" means a nonpoint
source pollution prevention
and control grant or a wellhead protection grant under this part.
(d) (e)
"Local unit of
government" means a county, city,
village, or township, or an agency of a county, city, village, or
township; the office of a county drain commissioner; a soil
conservation district established under part 93; a watershed
council; a local health department as defined in section 1105 of
the public health code, 1978 PA 368, MCL 333.1105; or an authority
or any other public body created by or pursuant to state law.
(e) (f)
"Nonpoint source
pollution" means water pollution from
diffuse sources, including runoff from precipitation or snowmelt
contaminated through contact with pollutants in the soil or on
other surfaces and either infiltrating into the groundwater or
being discharged to surface waters, or runoff or wind causing
erosion of soil into surface waters.
Sec. 9101. (1) "Agricultural practices" means all land farming
operations except the plowing or tilling of land for the purpose of
crop production or the harvesting of crops.
(2) "Authorized public agency" means a state agency or an
agency of a local unit of government authorized under section 9110
to implement soil erosion and sedimentation control procedures with
regard to earth changes undertaken by it.
(3) "Conservation district" means a conservation district
authorized under part 93.
(4) "Consultant" means either of the following:
(a) An individual who has a current certificate of training
under section 9123.
(b) A person who employs 1 or more individuals who have
current certificates of training under section 9123.
(5) "County agency" means an officer, board, commission,
department, or other entity of county government.
(6) "County enforcing agency" means a county agency or a
conservation district designated by a county board of commissioners
under section 9105.
(7) "County program" or "county's program" means a soil
erosion and sedimentation control program established under section
9105.
(8)
"Department" means the department of environmental
quality.
(8) (9)
"Earth change" means a
human-made change in the
natural cover or topography of land, including cut and fill
activities, which may result in or contribute to soil erosion or
sedimentation of the waters of the state. Earth change does not
include the practice of plowing and tilling soil for the purpose of
crop production.
(9) (10)
"Gardening" means
activities necessary to the growing
of plants for personal use, consumption, or enjoyment.
(10) (11)
"Local ordinance" means
an ordinance enacted by a
local unit of government under this part providing for soil erosion
and sedimentation control.
(11) (12)
"Municipal enforcing
agency" means an agency
designated by a municipality under section 9106 to enforce a local
ordinance.
(12) (13)
"Municipality" means any
of the following:
(a) A city.
(b) A village.
(c) A charter township.
(d) A general law township that is located in a county with a
population of 200,000 or more.
(13) (14)
"Rules" means the rules
promulgated pursuant to the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
24.328.
(14) (15)
"Seawall maintenance"
means an earth change activity
landward of the seawall.
(15) (16)
"Sediment" means solid
particulate matter, including
both mineral and organic matter, that is in suspension in water, is
being transported, or has been removed from its site of origin by
the actions of wind, water, or gravity and has been deposited
elsewhere.
(16) (17)
"Soil erosion" means the
wearing away of land by the
action of wind, water, gravity, or a combination of wind, water, or
gravity.
(17) (18)
"State agency" means a
principal state department or
a state public university.
(18) (19)
"Violation of this part"
or "violates this part"
means a violation of this part, the rules promulgated under this
part, a permit issued under this part, or a local ordinance enacted
under this part.
(19) (20)
"Waters of the state"
means the Great Lakes and
their connecting waters, inland lakes and streams as defined in
rules promulgated under this part, and wetlands regulated under
part 303.
Sec. 11503. (1) "De minimis" refers to a small amount of
material or number of items, as applicable, commingled and
incidentally disposed of with other solid waste.
(2)
"Department" means the department of environmental
quality.
(3)
"Director" means the director of the department.
(2) (4)
"Discharge" includes, but
is not limited to, any
spilling, leaking, pumping, pouring, emitting, emptying,
discharging, injecting, escaping, leaching, dumping, or disposing
of a substance into the environment which is or may become
injurious to the public health, safety, or welfare, or to the
environment.
(3) (5)
"Disposal area" means 1
or more of the following at a
location as defined by the boundary identified in its construction
permit or engineering plans approved by the department:
(a) A solid waste transfer facility.
(b) Incinerator.
(c) Sanitary landfill.
(d) Processing plant.
(e) Other solid waste handling or disposal facility utilized
in the disposal of solid waste.
(4) (6)
"Enforceable mechanism"
means a legal method whereby
the state, a county, a municipality, or another person is
authorized to take action to guarantee compliance with an approved
county solid waste management plan. Enforceable mechanisms include
contracts, intergovernmental agreements, laws, ordinances, rules,
and regulations.
(5) (7)
"Escrow account" means an
account managed by a bank or
other financial institution whose account operations are regulated
and examined by a federal or state agency and which complies with
section 11523b.
(6) (8)
"Farm" means that term as
defined in section 2 of the
Michigan right to farm act, 1981 PA 93, MCL 286.472.
(7) (9)
"Farm operation" means
that term as defined in section
2 of the Michigan right to farm act, 1981 PA 93, MCL 286.472.
(8) (10)
"Financial assurance"
means the mechanisms used to
demonstrate that the funds necessary to meet the cost of closure,
postclosure maintenance and monitoring, and corrective action will
be available whenever they are needed.
(9) (11)
"Financial test" means a
corporate or local
government financial test or guarantee approved for type II
landfills under 42 USC 6941 to 6949a. An owner or operator may use
a single financial test for more than 1 facility. Information
submitted to the department to document compliance with the test
shall include a list showing the name and address of each facility
and the amount of funds assured by the test for each facility. For
purposes of the financial test, the owner or operator shall
aggregate the sum of the closure, postclosure, and corrective
action costs it seeks to assure with any other environmental
obligations assured by a financial test under state or federal law.
(10) (12)
"Food processing
residuals" means any of the
following:
(a) Residuals of fruits, vegetables, aquatic plants, or field
crops.
(b) Otherwise unusable parts of fruits, vegetables, aquatic
plants, or field crops from the processing thereof.
(c) Otherwise unusable food products which do not meet size,
quality, or other product specifications and which were intended
for human or animal consumption.
(11) (13)
"Garbage" means rejected
food wastes including waste
accumulation of animal, fruit, or vegetable matter used or intended
for food or that results from the preparation, use, cooking,
dealing in, or storing of meat, fish, fowl, fruit, or vegetable
matter.
(12) (14)
"Scrap wood" means wood
or wood product that is 1 or
more of the following:
(a) Plywood, pressed board, oriented strand board, or any
other wood or wood product mixed with glue or filler.
(b) Wood or wood product treated with creosote or
pentachlorophenol.
(c) Any other wood or wood product designated as scrap wood in
rules promulgated by the department.
(13) (15)
"Treated wood" means wood
or wood product that has
been treated with 1 or more of the following:
(a) Chromated copper arsenate (CCA).
(b) Ammoniacal copper quat (ACQ).
(c) Ammoniacal copper zinc arsenate (ACZA).
(d) Any other chemical designated in rules promulgated by the
department.
(14) (16)
"Wood" means trees,
branches, bark, lumber, pallets,
wood chips, sawdust, or other wood or wood product but does not
include scrap wood, treated wood, painted wood or painted wood
product, or any wood or wood product that has been contaminated
during manufacture or use.
Sec. 11701. As used in this part:
(a) "Agricultural land" means land on which a food crop, a
feed crop, or a fiber crop is grown, including land used or
suitable for use as a range or pasture; a sod farm; or a Christmas
tree farm.
(b) "Certified health department" means a city, county, or
district department of health certified under section 11716.
(c) "Cesspool" means a cavity in the ground that receives
waste to be partially absorbed directly or indirectly by the
surrounding soil.
(d)
"Department" means the department of environmental quality
or
its authorized agent.
(e)
"Director" means the director of the department of
environmental
quality or his or her designee.
(d) (f)
"Domestic septage" means
liquid or solid material
removed from a septic tank, cesspool, portable toilet, type III
marine sanitation device, or similar storage or treatment works
that receives only domestic sewage. Domestic septage does not
include liquid or solid material removed from a septic tank,
cesspool, or similar facility that receives either commercial
wastewater or industrial wastewater and does not include grease
removed from a grease interceptor, grease trap, or other
appurtenance used to retain grease or other fatty substances
contained in restaurant waste.
(e) (g)
"Domestic sewage" means
waste and wastewater from
humans or household operations.
(f) (h)
"Domestic treatment plant
septage" means biosolids
generated during the treatment of domestic sewage in a treatment
works and transported to a receiving facility or managed in
accordance with a residuals management program approved by the
department.
(g) (i)
"Food establishment
septage" means material pumped
from a grease interceptor, grease trap, or other appurtenance used
to retain grease or other fatty substances contained in restaurant
wastes and which is blended into a uniform mixture, consisting of
not more than 1 part of that restaurant-derived material per 3
parts of domestic septage, prior to land application or disposed of
at a receiving facility.
(h) (j)
"Fund" means the septage
waste program fund created in
section 11717.
(i) (k)
"Governmental unit" means
a county, township,
municipality, or regional authority.
(j) (l) "Incorporation"
means the mechanical mixing of surface-
applied septage waste with the soil.
(k) (m)
"Injection" means the
pressurized placement of septage
waste below the surface of soil.
(l) (n)
"Operating plan" means a
plan developed by a receiving
facility for receiving septage waste that specifies at least all of
the following:
(i) Categories of septage waste that the receiving facility
will receive.
(ii) The receiving facility's service area.
(iii) The hours of operation for receiving septage waste.
(iv) Any other conditions for receiving septage waste
established by the receiving facility.
(m) (o)
"Pathogen" means a
disease-causing agent. Pathogen
includes, but is not limited to, certain bacteria, protozoa,
viruses, and viable helminth ova.
(n) (p)
"Peace officer" means a sheriff
or sheriff's deputy, a
village or township marshal, an officer of the police department of
any city, village, or township, any officer of the Michigan state
police, any peace officer who is trained and certified pursuant to
the commission on law enforcement standards act, 1965 PA 203, MCL
28.601 to 28.616, or any conservation officer appointed by the
department
or the department of natural resources pursuant to
section 1606.
(o) (q)
"Portable toilet" means a
receptacle for human waste
temporarily in a location for human use.
(p) (r)
"Receiving facility"
means a structure that is
designed to receive septage waste for treatment at a wastewater
treatment plant or at a research, development, and demonstration
project authorized under section 11511b to which the structure is
directly connected, and that is available for that purpose as
provided for in an ordinance of the local unit of government where
the structure is located or in an operating plan. Receiving
facility does not include either of the following:
(i) A septic tank.
(ii) A structure or a wastewater treatment plant at which the
disposal of septage waste is prohibited by order of the department
under section 11708 or 11715b.
(q) (s)
"Receiving facility service
area" or "service area"
means the territory for which a receiving facility has the capacity
and is available to receive and treat septage waste, subject to the
following:
(i) Beginning October 12, 2005 and before the 2011 state fiscal
year, the geographic service area of a receiving facility shall not
extend more than 15 radial miles from the receiving facility.
(ii) After the 2010 state fiscal year, the geographic service
area of a receiving facility shall not extend more than 25 radial
miles from the receiving facility.
(r) (t)
"Sanitary sewer cleanout
septage" means sanitary
sewage or cleanout residue removed from a separate sanitary sewer
collection system that is not land applied and that is transported
by a vehicle licensed under this part elsewhere within the same
system or to a receiving facility that is approved by the
department.
(s) (u)
"Septage waste" means the
fluid mixture of untreated
and partially treated sewage solids, liquids, and sludge of human
or domestic origin that is removed from a wastewater system.
Septage waste consists only of food establishment septage, domestic
septage, domestic treatment plant septage, or sanitary sewer
cleanout septage, or any combination of these.
(t) (v)
"Septage waste servicing
license" means a septage
waste servicing license as provided for under sections 11703 and
11706.
(u) (w)
"Septage waste vehicle"
means a vehicle that is self-
propelled or towed and that includes a tank used to transport
septage waste. Septage waste vehicle does not include an implement
of husbandry as defined in section 21 of the Michigan vehicle code,
1949 PA 300, MCL 257.21.
(v) (x)
"Septage waste vehicle
license" means a septage waste
vehicle license as provided for under sections 11704 and 11706.
(w) (y)
"Septic tank" means a
septic toilet, chemical closet,
or other enclosure used for the decomposition of domestic sewage.
(x) (z)
"Service" or
"servicing" means cleaning, removing,
transporting, or disposing, by application to land or otherwise, of
septage waste.
(y) (aa)
"Site" means a location
or locations on a parcel or
tract, as those terms are defined in section 102 of the land
division act, 1967 PA 288, MCL 560.102, proposed or used for the
disposal of septage waste on land.
(z) (bb)
"Site permit" means a
permit issued under section
11709 authorizing the application of septage waste to a site.
(aa) (cc)
"Storage facility" means
a structure that receives
septage waste for storage but not for treatment.
(bb) (dd)
"Tank" means an enclosed
container placed on a
septage waste vehicle to carry or transport septage waste.
(cc) (ee)
"Type I public water
supply", "type IIa public water
supply", "type IIb public water supply", and "type III public water
supply" mean those terms, respectively, as described in R 325.10502
of the Michigan administrative code.
(dd) (ff)
"Type III marine sanitation
device" means that term
as defined in 33 CFR 159.3.
Sec.
11715d. (1) Within 60 days after the effective date of
the
amendatory act that added this section, the department shall
convene
an advisory committee to make recommendations on septage
waste
storage facility management practices, including, but not
limited
to, storage facility inspections. The advisory committee
shall
include at least all of the following:
(a)
A storage facility operator.
(b)
A receiving facility operator.
(c)
A generator of septage waste.
(d)
A representative of township government.
(e)
A representative of an environmental protection
organization.
(f)
A licensed Michigan septage waste hauler.
(2)
Within 18 months after the effective date of this section,
the
(1) The department shall establish generally accepted septage
storage facility management practices and post the management
practices on the department's website.
(2) (3)
A person shall not construct a
septage waste storage
facility without written approval from the department.
Sec. 12101. As used in this part:
(a) "Biofuel" means any renewable liquid or gas fuel offered
for sale as a fuel that is derived from recently living organisms
or their metabolic by-products and meets applicable quality
standards, including, but not limited to, ethanol, ethanol-blended
fuel, biodiesel, and biodiesel blends.
(b) "Biogas" means a biofuel that is a gas.
(c) "Brine" means a liquid produced as a by-product of oil or
natural gas production or exploration.
(d) "Container" means any portable device in which a liquid
industrial waste is stored, transported, treated, or otherwise
handled.
(e)
"Department" means the department of environmental
quality.
(e) (f)
"Designated facility"
means a treatment facility,
storage facility, disposal facility, or reclamation facility that
receives liquid industrial waste from off-site.
(g)
"Director" means the director of the department.
(f) (h)
"Discarded" means any of
the following:
(i) Abandoned by being disposed of, burned, or incinerated; or
accumulated, stored, or treated before, or instead of, being
abandoned.
(ii) Accumulated, stored, or treated before being managed in 1
of the following ways:
(A) By being used or reused in a manner constituting disposal
by being applied to or placed on land or by being used to produce
products that are applied to or placed on land.
(B) By being burned to recover energy or used to produce a
fuel.
(C) By reclamation.
(g) (i)
"Discharge" means the
accidental or intentional
spilling, leaking, pumping, releasing, pouring, emitting, emptying,
or dumping of liquid industrial waste into the land, air, or water.
(h) (j)
"Disposal" means the
abandonment, discharge, deposit,
injection, dumping, spilling, leaking, or placing of a liquid
industrial waste into or on land or water in such a manner that the
liquid industrial waste may enter the environment, or be emitted
into the air, or discharged into surface water or groundwater.
(i) (k)
"Disposal facility" means
a facility or a part of a
facility at which liquid industrial waste is disposed.
(j) (l) "Facility"
means all contiguous land and structures,
other appurtenances, and improvements on land for treating,
storing, disposing of, or reclamation of liquid industrial waste.
(k) (m)
"Generator" means a
person whose act or process
produces liquid industrial waste.
(l) (n)
"Liquid industrial waste"
means any brine, by-product,
industrial wastewater, leachate, off-specification commercial
chemical product, sludge, sanitary sewer clean-out residue, storm
sewer clean-out residue, grease trap clean-out residue, spill
residue, used oil, or other liquid waste that is produced by, is
incident to, or results from industrial, commercial, or
governmental activity or any other activity or enterprise
determined to be liquid by method 9095 (paint filter liquids test)
as described in "Test methods for evaluating solid wastes,
physical/chemical methods," United States environmental protection
agency publication no. SW-846, and which is discarded. Liquid
industrial waste does not include any of the following:
(i) Hazardous waste regulated and required to be manifested
under part 111.
(ii) Septage waste regulated under part 117.
(iii) Medical waste regulated under part 138 of the public
health code, 1978 PA 368, MCL 333.13801 to 333.13831.
(iv) A discharge to the waters of the state in accordance with
a permit, order, or rule under part 31.
(v) A liquid generated by a household.
(vi) A liquid regulated under 1982 PA 239, MCL 287.651 to
287.683.
(vii) Material managed in accordance with section 12102a.
Sec. 14301. As used in this part:
(a)
"Department" means the department of environmental
quality.
(a) (b)
"Environmental wastes"
means all environmental
pollutants, wastes, discharges, and emissions, regardless of how
they are regulated and regardless of whether they are released to
the general environment or the workplace environment.
(b) (c)
"Pollution prevention"
means all of the following:
(i) "Source reduction" as defined in the pollution prevention
act of 1990, subtitle G of title VI of the omnibus budget
reconciliation
act of 1990, Public Law 101-508, 42 U.S.C. USC 13101
to 13109.
(ii) "Pollution prevention" as described in the United States
environmental protection agency's pollution prevention statement
dated June 15, 1993.
(iii) Environmentally sound on-site or off-site reuse or
recycling.
Sec. 14501. As used in this part:
(a) "Agricultural biomass" means residue and waste generated
on a farm or by farm co-operative members from the production and
processing of agricultural products, animal wastes, food processing
wastes, or other materials as approved by the director.
(b)
"Department" means the department of environmental
quality.
(c)
"Director" means the director of the department of
environmental
quality.
(b) (d)
"Eligible farmer or
agricultural processor" means a
person who processes agricultural products or a person who is
engaged as an owner-operator of a farm in the production of
agricultural goods as defined by section 35(1)(h) of the former
single business tax act, 1975 PA 228, or by section 207(1)(d) of
the Michigan business tax act, 2007 PA 36, MCL 208.1207.
(c) (e)
"Environmental wastes"
means all environmental
pollutants, wastes, discharges, and emissions, regardless of how
they are regulated and regardless of whether they are released to
the general environment or the workplace environment.
(d) (f)
"Pollution prevention"
means all of the following:
(i) "Source reduction" as defined in 42 USC 13102.
(ii) "Pollution prevention" as described in the United States
environmental protection agency's pollution prevention statement
dated June 15, 1993.
(iii) Environmentally sound on-site or off-site reuse or
recycling including, but not limited to, the use of agricultural
biomass by qualified agricultural energy production systems.
(e) (g)
"Qualified agricultural energy
production system"
means the structures, equipment, and apparatus to be used to
produce a gaseous fuel from the noncombustive decomposition of
agricultural biomass and the apparatus and equipment used to
generate electricity or heat from the gaseous fuel or store the
gaseous fuel for future generation of electricity or heat.
Qualified agricultural energy production system may include, but is
not limited to, a methane digester, biomass gasification
technology, or thermal depolymerization technology.
(f) (h)
"RETAP" means the retired
engineers technical
assistance program created in section 14511.
(g) (i)
"Retap "RETAP fund" means the retired engineers
technical assistance program fund created in section 14512.
(h) (j)
"Small business" means a
business that is not dominant
in its field as described in 13 CFR part 121 and meets both of the
following requirements:
(i) Is independently owned or operated, by a person that
employs 500 or fewer individuals.
(ii) Is a small business concern as defined in 15 USC 632.
Sec. 14701. As used in this subpart:
(a)
"Department" means the department of environmental
quality.
(a) (b)
"PCB" means the class of
chlorinated biphenyl,
terphenyl, higher polyphenyl, or mixtures of these compounds
produced by replacing 2 or more hydrogen atoms on the biphenyl,
terphenyl, or higher polyphenyl molecule with chlorine atoms. PCB
does not include chlorinated biphenyls, terphenyls, higher
polyphenyls, or mixtures of these compounds that have functional
groups attached other than chlorine unless that functional group on
the chlorinated biphenyls, terphenyls, higher polyphenyls, or
mixtures of these compounds is determined to be dangerous to the
public health, safety, and welfare under section 14703.
(b) (c)
"Ppm" means parts per
million.
Sec. 14721. (1) As used in this subpart:
(a)
"Department" means the department of environmental
quality.
(a) (b)
"Octa-BDE" means
octabromodiphenyl ether.
(b) (c)
"PBDE" means
polybrominated diphenyl ether.
(c) (d)
"Penta-BDE" means
pentabromodiphenyl ether.
(2) This subpart may be cited as the "Mary Beth Doyle PBDE
act".
Sec. 14802. (1) The owner or operator of a facility, or an
employee or agent of the owner or operator on behalf of the owner
or operator, at any time may conduct an environmental audit and may
create an environmental audit report.
(2) Except as provided in subsection (3), an environmental
audit report created pursuant to this part is privileged and
protected from disclosure under this part.
(3) The privilege described in subsection (2) does not extend
to any of the following regardless of whether or not they are
included within an environmental audit report:
(a) Documents, communication, data, reports, or other
information required to be collected, maintained, or made available
or reported to a regulatory agency or any other person by statute,
rule, ordinance, permit, order, consent agreement, or as otherwise
provided by law.
(b) Information obtained by observation, sampling, or
monitoring by any regulatory agency.
(c) Pretreatment monitoring results which a publicly owned
treatment works or control authority requires any industrial user
to report to a publicly owned treatment works or control authority,
including, but not limited to, results establishing a violation of
the industrial user's discharge permit or applicable local
ordinance.
(d) Information legally obtained from a source independent of
the environmental audit or from a person who did not obtain the
information from the environmental audit.
(e) Machinery and equipment maintenance records.
(f) Information in instances where the privilege is asserted
for a fraudulent purpose.
(g) Information in instances where the material shows evidence
of noncompliance with state, federal, regional, or local
environmental laws, permits, consent agreements, regulations,
ordinances, or orders and the owner or operator failed to either
take prompt corrective action or eliminate any violation of law
identified during the environmental audit within a reasonable time,
but not exceeding 3 years after discovery of the noncompliance or
violation unless a longer period of time is set forth in a schedule
of
compliance in an order issued by the department, of
environmental
quality, after notice in the
department's calendar,
and following the department's determination that acceptable
progress is being made.
(4) Except as otherwise provided in this part, a person who
conducts an environmental audit and a person to whom the
environmental audit results are disclosed shall not be compelled to
testify regarding any information obtained solely through the
environmental audit which is a privileged portion of the
environmental audit report. Except as otherwise provided in this
part, the privileged portions of an environmental audit report are
not subject to discovery and are not admissible as evidence in any
civil or administrative proceeding.
Sec. 14804. (1) A request by state or local law enforcement
authorities for disclosure of an environmental audit report shall
be made by a written request delivered by certified mail or a
demand by lawful subpoena. Within 30 business days after receipt of
a request for disclosure or subpoena, the person asserting the
privilege may make a written objection to the disclosure of the
environmental audit report on the basis that the environmental
audit report is privileged. Upon receipt of such an objection, the
state or local law enforcement authorities may file with the
circuit court, and serve upon the person, a petition requesting an
in camera hearing on whether the environmental audit report or
portions of the environmental audit report are privileged or
subject to disclosure. The motion shall be brought in camera and
under seal. The circuit court has jurisdiction over a petition
filed under this subsection requesting a hearing. Failure of the
person asserting the privilege to make an objection to disclosure
waives the privilege as to that person.
(2) Upon the filing of a petition for an in camera hearing
under subsection (1), the person asserting the privilege in
response to a request for disclosure or subpoena under this section
shall provide a copy of the environmental audit report to the court
and shall demonstrate in the in camera hearing all of the
following:
(a) The year the environmental audit report was prepared.
(b) The identity of the person conducting the audit.
(c) The name of the audited facility or facilities.
(d) A brief description of the portion or portions of the
environmental audit report for which privilege is claimed.
(3) Upon the filing of a petition for an in camera hearing
under subsection (1), the court shall issue an order under seal
scheduling, within 45 days after the filing of the petition, an in
camera hearing to determine whether the environmental audit report
or portions of the environmental audit report are privileged or
subject to disclosure. The counsel for the state or local law
enforcement agency seeking disclosure of the information contained
in the environmental audit report and the counsel for the person
asserting the privilege shall participate in the in camera hearing
but shall not disclose the contents of the environmental audit
report for which privilege is claimed unless the court so orders.
(4) The court, after in camera review, shall require
disclosure of material for which privilege is asserted, if the
court determines that either of the following exists:
(a) The privilege is asserted for a fraudulent purpose.
(b) Even if subject to the privilege, the material shows
evidence of noncompliance with state, federal, regional, or local
environmental laws, permits, consent agreements, regulations,
ordinances, or orders and the owner or operator failed to either
take prompt corrective action or eliminate any violation of law
identified during the environmental audit within a reasonable time,
but not exceeding 3 years after discovery of the noncompliance or
violation unless a longer period of time is set forth in a schedule
of
compliance in an order issued by the department, of
environmental
quality, after notice in the
department's calendar,
and following the department's determination that acceptable
progress is being made.
(5) The court, after in camera review, shall require
disclosure of material for which privilege is asserted if the court
determines that the material is not subject to the privilege.
(6) If the court determines under this section that the
material is not privileged, but the party asserting the privilege
files an application for leave to appeal of this finding, the
material, motions, and pleadings shall be disclosed unless the
court specifically determines that all or a portion of such
information shall be kept under seal during the pendency of the
appeal.
Sec.
14810. (1) The department of environmental quality shall
establish and maintain a data base of the voluntary disclosures
made under this part. The data base shall include the number of
voluntary disclosures made on an annual basis and shall summarize
in general categories the types of violations and the time needed
to
achieve compliance. The department of environmental quality
shall annually publish a report containing the information in this
data base.
(2)
Within 5 years after the effective date of this part, the
department
of environmental quality shall prepare and submit to the
standing
committees of the legislature with jurisdiction over
issues
pertaining to natural resources and the environment a report
evaluating
the effectiveness of this part and specifically
detailing
whether this part has been effective in encouraging the
use
of environmental audits and in identifying and correcting
environmental
problems and conditions.
Sec. 16901. (1) As used in this part:
(a) "Abandoned scrap tires" means an accumulation of scrap
tires on property where the property owner is not responsible in
whole or in part for the accumulation of the scrap tires. For the
purposes of this subdivision, an owner who purchased or willingly
took possession of an existing scrap tire collection site shall be
considered by the department to be responsible in whole or in part
for the accumulation of the scrap tires.
(b) "Automotive recycler" means that term as defined in
section 2a of the Michigan vehicle code, 1949 PA 300, MCL 257.2a.
(c) "Bond" means a performance bond from a surety company
authorized to transact business in this state, a certificate of
deposit, a cash bond, or an irrevocable letter of credit, in favor
of the department.
(d) "Collection site" means a site, other than a disposal area
licensed under part 115, a racecourse, or a feed storage location,
consisting of a parcel or adjacent parcels of real property where
any of the following are accumulated:
(i) 500 or more scrap tires. This subparagraph does not apply
if that property is owned or leased by and associated with the
operations of a retailer or automotive recycler or a commercial
contractor as described in subparagraph (iv).
(ii) 1,500 or more scrap tires if that property is owned or
leased by and associated with the operations of a retailer. This
subparagraph does not apply if the site is owned or leased by and
associated with the operations of an automotive recycler.
(iii) 2,500 or more scrap tires if that property is owned or
leased by and associated with the operations of an automotive
recycler.
(iv) More than 150 cubic yards of tire chips if that property
is owned or leased by and associated with the operations of a
commercial contractor that is authorized to use the tire chips as
an aggregate replacement in a manner approved by a designation of
inertness for scrap tires or is otherwise authorized for such use
by the department under part 115.
(e) "Commodity" means crumb rubber, tire chips, a ring or slab
cut from a tire for use as a weight, or a product die-cut or
punched from a tire, or any other product that, as determined by
the department based on the product's production cost and value, is
not likely to result in an accumulation, at the site of production
or use, that poses a threat to public health or the environment. A
product is not a commodity unless it meets published national
standards or specifications that the department determines are
relevant to accomplishing the purposes of this part.
(f) "Commodity storage area" means 1 or more locations within
a collection site where a commodity is stored.
(g) "Crumb rubber" means rubber material derived from tires
that is less than 1/8 inch by 1/8 inch in size and is free of steel
and fiber.
(h)
"Department" means the department of environmental
quality.
(h) (i)
"End-user" means any of
the following:
(i) A person who possesses a permit to burn tires under part
55.
(ii) The owner or operator of a landfill that is authorized
under the landfill's operating license to use scrap tires.
(iii) A person who uses a commodity to make a product that is
sold in the market.
(iv) A person who is authorized by this part to accumulate
scrap tires, who acquires scrap tires, and who converts scrap tires
into a product that is sold in the market or reused in a manner
authorized by this part.
(i) (j)
"Farm" means that term as
defined in section 2 of the
Michigan right to farm act, 1981 PA 93, MCL 286.472.
(j) (k)
"Farm operation" means
that term as defined in section
2 of the Michigan right to farm act, 1981 PA 93, MCL 286.472.
(k) (l) "Feed
storage location" means a location on 1 or more
parcels of adjacent real property containing a farm operation where
not more than 3,000 scrap tires are used to secure stored feed.
(l) (m)
"Fund" means the scrap
tire regulatory fund created in
section 16908.
(m) (n)
"Landfill" means a
landfill as defined in section
11504 that is licensed under part 115.
(n) (o)
"Outdoor" or
"outdoors" means in a place other than a
building or covered vehicle.
(o) (p)
"Portable shredding
operation" means a person who
operates scrap tire shredding equipment, which produces a commodity
or tire shreds, if the shredding equipment can be moved from site
to site.
(p) (q)
"Racecourse" means a
commercially operated track for
go-carts, vehicles, off-road recreational vehicles, or motorcycles
that uses not more than 3,000 scrap tires for bumpers along the
track for safety purposes.
(q) (r)
"Retailer" means a person
who sells or offers for sale
new, retreaded, or remanufactured tires to consumers in this state.
(r) (s)
"Retreader" means a
person who retreads, recases, or
recaps tire casings for reuse.
(s) (t)
"Scrap tire" means a tire
that is no longer being used
for its original intended purpose including, but not limited to, a
used tire, a reusable tire casing, or portions of a tire. Scrap
tire does not include a vehicle support stand.
(t) (u)
"Scrap tire hauler" means
a person who transports more
than 7 scrap tires at once in a vehicle on a public road or street.
Scrap tire hauler does not include any of the following:
(i) A person who is transporting his or her own tires to a
location authorized in section 16902(1).
(ii) A member of a nonprofit service organization who is
participating in a community service project and is transporting
scrap tires to a location authorized in section 16902(1).
(iii) The owner of a farm who is transporting only scrap tires
that originated from his or her farm operation, to a location
authorized in section 16902(1), or that are intended for use in a
feed storage location.
(iv) A solid waste hauler that is transporting solid waste to a
disposal area licensed under part 115.
(v) A person who is transporting only a commodity.
(vi) A retreader.
(u) (v)
"Scrap tire processor"
means either of the following:
(i) A person who is authorized by this part to accumulate scrap
tires and is engaged in the business of buying or otherwise
acquiring scrap tires and reducing their volume by shredding or
otherwise facilitating recycling or resource recovery techniques
for scrap tires.
(ii) A portable shredding operation.
(v) (w)
"Solid waste hauler"
means a solid waste hauler as
defined in part 115 who transports less than 25% by weight or
volume of scrap tires along with other solid waste in any truckload
to a disposal area licensed under part 115.
(w) (x)
"Tire" means a continuous
solid or pneumatic rubber
covering encircling the wheel of a tractor or other farm machinery
or of a vehicle.
(x) (y)
"Tire chip" means a
portion of a tire that is any of
the following:
(i) Not more than 2 inches by 2 inches in size and meets
requirements for size, metal content, and cleanliness as specified
in an executed contract for delivery of the material by the scrap
tire processor.
(ii) Not more than 3/8 inch by 3/8 inch in size and
sufficiently free from steel to be used in the construction and
modification of sports surfaces such as golf course turf, athletic
field turf, athletic tracks, hiking surfaces, livestock show arena
surfaces, and playgrounds.
(iii) To be used in a drain field approved under a district or
county sanitary code.
(iv) To be used as ground cover or mulch, if, in aggregate, 95%
of the material is equal to or less than 3/4 inch in size in any
dimension and the material contains less than 1% by weight or
volume of steel and fiber.
(v) Approved by the department for use at a landfill as daily
cover or a leachate collection system protective layer or for
access road construction within a lined cell.
(y) (z)
"Tire shred" means a
portion of a tire that is not a
commodity.
(z) (aa)
"Tire storage area" means
a location within a
collection site where tires are accumulated.
(aa) (bb)
"Vehicle" means a device
in, upon, or by which a
person or property is or may be transported or drawn upon a
highway. Vehicle does not include a device that is exclusively
moved by human power or used exclusively upon stationary rails or
tracks or a mobile home as defined in section 2 of the mobile home
commission act, 1987 PA 96, MCL 125.2302.
(bb) (cc)
"Vehicle support stand"
means equipment used to
support a stationary vehicle consisting of an inflated tire and
wheel that is attached to another wheel.
(2) A reference in this part to a number of scrap tires means
either of the following, or an equivalent combination thereof:
(a) That number of whole tires or reusable tire casings.
(b) A quantity of a commodity or tire shreds equivalent in
weight to that number of whole tires.
Sec. 16903. (1) A person who owns or operates a collection
site where less than 2,500 scrap tires are accumulated outdoors
shall comply with all of the following:
(a) Scrap tires shall be stored in the tire storage area
identified on the scrap tire collection site registration
application map and approved by the department.
(b) Only scrap tires shall be accumulated in the tire storage
area.
(c) Subject to subdivision (f), the scrap tires shall be
accumulated in piles no greater than 15 feet in height with
horizontal dimensions no greater than 200 by 40 feet.
(d) Subject to subdivision (f), the scrap tires shall not be
within 20 feet of the property line or within 60 feet of a building
or structure.
(e) Subject to subdivision (f), there shall be a minimum
separation of 30 feet between scrap tire piles. The open space
between the piles shall at all times be free of rubbish, equipment,
and other materials.
(f) Scrap tire piles shall be accessible to fire fighting
equipment. If the requirement of this subdivision is met, the local
fire department that serves the jurisdiction in which the
collection site is located may grant a variance from the
requirements of subdivisions (c), (d), and (e). A variance under
this subsection shall be in writing.
(g) Scrap tires shall be isolated from other stored materials
that may create hazardous products if there is a fire, including,
but not limited to, lead acid batteries, fuel tanks, solvent
barrels, and pesticide containers.
(h) Except for scrap tires that are a commodity used to create
a storage pad for, or a roadway for access to, other scrap tires
that are also a commodity, scrap tires shall not be placed in the
open spaces between tire piles or used to construct on-site roads.
(i) The owner or operator of the collection site shall allow
the local fire department that serves the jurisdiction in which the
collection site is located to inspect the collection site at any
reasonable time.
(j) All persons employed to work at the collection site shall
be trained in emergency response operations. The owner or operator
of the collection site shall maintain training records and shall
make these records available to the local fire department that
serves the jurisdiction in which the collection site is located.
(2) A person who owns or operates a collection site where at
least 2,500 but less than 100,000 scrap tires are accumulated
outdoors shall comply with all of the following:
(a) All of the requirements of subsection (1).
(b) The tire storage area shall be completely enclosed with a
fence that is at least 6 feet tall with lockable gates and that is
designed to prevent easy access.
(c) An earthen berm not less than 5 feet in height shall
completely enclose the tire storage area except to allow for
necessary ingress and egress from roadways and buildings.
(d) The collection site shall contain sufficient drainage so
that water does not pool or collect on the property.
(e) The approach road to the tire storage area and on-site
access roads to the tire storage area shall be of all-weather
construction and maintained in good condition and free of debris
and equipment so that it is passable at all times for fire fighting
and other emergency vehicles. If the local fire department for the
jurisdiction where the collection site is located submits to the
department a written determination that the on-site access roads do
not ensure that the site is accessible to emergency vehicles at all
times
during the year, the department of environmental quality
shall consider the on-site access roads to be in violation of this
requirement.
(f) Tire storage areas shall be mowed regularly or otherwise
kept free of weeds, vegetation, and other growth at all times.
(g) An emergency procedures plan shall be prepared and
displayed at the collection site. The plan shall include telephone
numbers of the local fire and police departments. The plan shall be
reviewed by the local fire department prior to being posted.
(h) Scrap tires shall not be accumulated in excess of 10,000
cubic yards of scrap tires per acre.
(3) A person who owns or operates a collection site where
100,000 or more scrap tires are accumulated outdoors shall comply
with all of the requirements of subsections (1) and (2) and that
person shall operate as a scrap tire processor.
(4) Except as otherwise provided in subsection (5) and section
16903b, a person who owns a collection site shall maintain a bond
in favor of the department. The amount of the bond shall be not
less than the sum of $25,000.00 per quarter acre, or fraction
thereof, of outdoor tire storage area, and $2.00 per square foot of
tire storage area in a building. However, for collection sites with
fewer than 2,500 tires, the bond shall not exceed $2,500.00. A
person who elects to use a certificate of deposit as bond shall
receive any accrued interest on that certificate of deposit upon
release of the bond by the department. A person who elects to post
cash as bond shall accrue interest on that bond at the annual rate
of 6%, to be accrued quarterly, except that the interest rate
payable to an applicant shall not exceed the rate of interest
accrued on the state common cash fund for the quarter in which an
accrual is determined. Interest shall be paid to the applicant upon
release of the bond by the department. Any interest greater than 6%
shall be deposited into the fund. The department may utilize a bond
required under this subsection for removing scrap tires from a
collection site, for other costs of cleanup at the collection site,
and for costs of fire suppression and costs associated with
responding to a fire or an emergency at a collection site, if there
is an emergency at the collection site, if the collection site
owner becomes insolvent, or if the owner or operator of the
collection site fails to comply with the requirements of this
section and does not cause the removal of the tires at the
direction of a court of competent jurisdiction.
(5) A bond is not required under subsection (4) for a
commodity storage area that meets all of the following
requirements:
(a) The commodity is stored in accordance with the
requirements of subsection (1).
(b) Not less than 75% of the commodity, by weight or volume,
that is stored at the collection site each calendar year is removed
from the collection site to a market during that year, and the
collection site owner or operator certifies compliance with this
subparagraph on a form approved by the department.
(c) The areas of the collection site that are used for storage
of the commodity are not larger than a total of 1 acre and those
areas are indicated on a survey by a registered professional
engineer submitted to the department as part of the collection site
registration.
Sec.
16903a. The department of environmental quality shall
prepare and implement a statewide response plan for responding to
fires at collection sites.
Sec.
16908a. The department of environmental quality shall
assist owners and operators of collection sites and scrap tire
processors in this state in developing markets for scrap tires.
Sec.
17203. (1) The department of environmental quality shall
enforce this part.
(2) A person who violates this part is guilty of a misdemeanor
punishable by imprisonment for not more than 60 days or a fine of
not more than $1,000.00, or both, plus the costs of prosecution.
Sec. 17301. As used in this part:
(a) "Collector" means a person who receives covered electronic
devices from consumers and arranges for the delivery of the covered
electronic devices to a recycler.
(b) "Computer" means a desktop personal computer or laptop
computer, a computer monitor, or beginning April 1, 2011, a
printer. Computer does not include any of the following:
(i) A personal digital assistant device or mobile telephone.
(ii) A computer peripheral device, including a mouse or other
similar pointing device, or a detachable or wireless keyboard.
(c) "Computer takeback program" means a program required under
section 17305(c).
(d) "Consumer" means a person who used a covered electronic
device primarily for personal or small business purposes in this
state.
(e) "Covered computer" means a computer that was or will be
used primarily for personal or small business purposes in this
state. Covered computer does not include a device that is
functionally or physically a part of, or connected to, or
integrated within a larger piece of equipment or system designed
and intended for use in an industrial, governmental, commercial,
research and development, or medical setting, including, but not
limited to, diagnostic, monitoring, or control products, medical
products approved under the federal food, drug, and cosmetic act,
21 USC 301 to 399, equipment used for security, sensing,
monitoring, antiterrorism, or emergency services purposes, or
equipment designed and intended primarily for use by professional
users.
(f) "Covered electronic device" means a covered computer or
covered video display device.
(g) "Covered video display device" means a video display
device that was or will be used primarily for personal or small
business purposes in this state. Covered video display device does
not include a device that is functionally or physically a part of,
or connected to, or integrated within a larger piece of equipment
or system designed and intended for transportation or use in an
industrial, governmental, commercial, research and development, or
medical setting, including, but not limited to, diagnostic,
monitoring, or control products, medical products approved under
the federal food, drug, and cosmetic act, 21 USC 301 to 399,
equipment used for security, sensing, monitoring, antiterrorism, or
emergency services purposes, or equipment designed and intended
primarily for use by professional users.
(h)
"Department" means the department of environmental
quality.
(h) (i)
"Electronic device takeback
program" or "takeback
program" means a computer takeback program or a video display
device takeback program.
(i) (j)
"Manufacturer", subject
to subdivision (k) (j), means
any of the following:
(i) The person who owns the brand with which a covered computer
is labeled.
(ii) The person who owns or is licensed to use the brand with
which a covered video display device is labeled.
(iii) If the brand owner does not do business in the United
States, the person on whose account a covered electronic device was
imported into the United States.
(iv) A person who contractually assumes the responsibilities
and obligations of a person described under subparagraph (i), (ii),
or (iii).
(j) (k)
Manufacturer does not include a
person unless the
person manufactured, sold, or imported more than 50 covered
computers in 2000 or any subsequent calendar year or more than 50
covered video display devices in the previous calendar year.
(k) (l) "Printer"
means a printer or a multifunction or "all-
in-one" device that in addition to printing performs 1 or more
other operations such as copying, scanning, or faxing, that is
designed to be placed on a desk or other work surface, and that may
use any of various print technologies, such as laser and LED
(electrographic), ink jet, dot matrix, thermal, or digital
sublimation. Printer does not include a floor-standing printer, a
printer with an optional floor stand, a point of sale (POS) receipt
printer, a household printer such as a calculator with printing
capabilities or a label maker, or a non-stand-alone printer that is
embedded into a product other than a covered computer.
(l) (m)
"Recycler" means a person
who as a principal component
of business operations acquires covered electronic devices and
sorts and processes the covered electronic devices to facilitate
recycling or resource recovery techniques. Recycler does not
include a collector, hauler, or electronics shop.
(m) (n)
"Retailer" means a person
that sells a covered
electronic device to a consumer by any means, including
transactions conducted through sales outlets, catalogs, mail order,
or the internet, whether or not the person has a physical presence
in this state.
(n) (o)
"Small business" means a
business with 10 or fewer
employees.
(o) (p)
"Video display device"
means an electronic device with
a viewable screen of 4 inches or larger that contains a tuner that
locks on to a selected carrier frequency and is capable of
receiving and displaying television or video programming via
broadcast, cable, or satellite. Video display device includes, but
is not limited to, a direct view or projection television whose
display technology is based on cathode ray tube (CRT), plasma,
liquid crystal (LCD), digital light processing (DLP), liquid
crystal on silicon (LCOS), silicon crystal reflective display
(SXRD), light emitting diode (LED), or similar technology.
(p) (q)
"Video display device takeback
program" means a
program required under section 17305(d).
Sec. 17327. (1) The electronic waste recycling fund is created
within the state treasury.
(2) The state treasurer may receive money or other assets from
any source for deposit into the fund. The state treasurer shall
direct the investment of the fund. The state treasurer shall credit
to the fund interest and earnings from fund investments.
(3) Money in the fund at the close of the fiscal year shall
remain in the fund and shall not lapse to the general fund.
(4)
The department of environmental quality shall be the
administrator of the fund for auditing purposes.
(5) Money from the fund shall be expended, upon appropriation,
for the administrative expenses of the department in implementing
this part.
Sec. 19601. As used in this part:
(a) "Bonds" means the bonds authorized under the clean
Michigan initiative act.
(b) "Corrective action" means that term as it is defined in
part 213.
(c)
"Department" means the department of environmental
quality.
(c) (d)
"Facility" means that
term as it is defined in part
201.
(d) (e)
"Fund" means the clean Michigan
initiative bond fund
created in section 19606.
(e) (f)
"Gaming facility" means a
gaming facility regulated
under
the Michigan gaming control and revenue act, the Initiated
Law
of 1996 IL 1,
MCL 432.201 to 432.226.
(f) (g)
"Local unit of
government" means a county, city,
village, or township, or an agency of a county, city, village, or
township; or an authority or other public body created by or
pursuant to state law.
(g) (h)
"Response activity" means
that term as it is defined
in part 201.
Sec. 19701. As used in this part:
(a) "Bonds" means the bonds authorized under the Great Lakes
water quality bond authorization act.
(b)
"Department" means the department of environmental
quality.
(b) (c)
"Fund" means the Great Lakes
water quality bond fund
created in section 19706.
Sec. 20101. (1) As used in this part:
(a) "Act of God" means an unanticipated grave natural disaster
or other natural phenomenon of an exceptional, inevitable, and
irresistible character, the effects of which could not have been
prevented or avoided by the exercise of due care or foresight.
(b) "Agricultural property" means real property used for
farming in any of its branches, including cultivating of soil;
growing and harvesting of any agricultural, horticultural, or
floricultural commodity; dairying; raising of livestock, bees,
fish, fur-bearing animals, or poultry; turf and tree farming; and
performing any practices on a farm as an incident to, or in
conjunction with, these farming operations. Agricultural property
does not include property used for commercial storage, processing,
distribution, marketing, or shipping operations.
(c) "Attorney general" means the department of the attorney
general.
(d) "Baseline environmental assessment" means an evaluation of
environmental conditions which exist at a facility at the time of
purchase, occupancy, or foreclosure that reasonably defines the
existing conditions and circumstance at the facility so that, in
the event of a subsequent release, there is a means of
distinguishing the new release from existing contamination.
(e) "Board" means the brownfield redevelopment board created
in section 20104a.
(f)
"Department" means the director of the department of
environmental
quality or his or her designee to whom the director
delegates
a power or duty by written instrument.
(g)
"Director" means the director of the department of
environmental
quality.
(f) (h)
"Directors" means the
directors or their designees of
the
departments of environmental quality natural resources,
community health, agriculture, and state police.
(g) (i)
"Disposal" means the
discharge, deposit, injection,
dumping, spilling, leaking, or placing of any hazardous substance
into or on any land or water so that the hazardous substance or any
constituent of the hazardous substance may enter the environment or
be emitted into the air or discharged into any groundwater or
surface water.
(h) (j)
"Enforcement costs" means
court expenses, reasonable
attorney fees of the attorney general, and other reasonable
expenses of an executive department that are incurred in relation
to enforcement under this part or rules promulgated under this
part, or both.
(i) (k)
"Environment" or
"natural resources" means land,
surface water, groundwater, subsurface, strata, air, fish,
wildlife, or biota within the state.
(j) (l) "Environmental
contamination" means the release of a
hazardous substance, or the potential release of a discarded
hazardous substance, in a quantity which is or may become injurious
to the environment or to the public health, safety, or welfare.
(k) (m)
"Evaluation" means those
activities including, but not
limited to, investigation, studies, sampling, analysis, development
of feasibility studies, and administrative efforts that are needed
to determine the nature, extent, and impact of a release or threat
of release and necessary response activities.
(l) (n)
"Exacerbation" means the
occurrence of either of the
following caused by an activity undertaken by the person who owns
or operates the property, with respect to existing contamination:
(i) Contamination that has migrated beyond the boundaries of
the property which is the source of the release at levels above
cleanup criteria specified in section 20120a(1)(a) unless a
criterion is not relevant because exposure is reliably restricted
pursuant to section 20120b.
(ii) A change in facility conditions that increases response
activity costs.
(m) (o)
"Facility" means any
area, place, or property where a
hazardous substance in excess of the concentrations which satisfy
the requirements of section 20120a(1)(a) or (17) or the cleanup
criteria for unrestricted residential use under part 213 has been
released, deposited, disposed of, or otherwise comes to be located.
Facility does not include any area, place, or property at which
response activities have been completed which satisfy the cleanup
criteria for the residential category provided for in section
20120a(1)(a) and (17) or at which corrective action has been
completed under part 213 which satisfies the cleanup criteria for
unrestricted residential use.
(n) (p)
"Feasibility study" means
a process for developing,
evaluating, and selecting appropriate response activities.
(o) (q)
"Foreclosure" means
possession of a property by a
lender on which it has foreclosed on a security interest or the
expiration of a lawful redemption period, whichever occurs first.
(p) (r)
"Free product" means a
hazardous substance in a liquid
phase equal to or greater than 1/8 inch of measurable thickness
that is not dissolved in water and that has been released into the
environment.
(q) (s)
"Fund" means the cleanup
and redevelopment fund
established in section 20108.
(r) (t)
"Hazardous substance"
means 1 or more of the
following, but does not include fruit, vegetable, or field crop
residuals or processing by-products, or aquatic plants, that are
applied to the land for an agricultural use or for use as an animal
feed, if the use is consistent with generally accepted agricultural
management practices developed pursuant to the Michigan right to
farm
act, Act No. 93 of the Public Acts of 1981, being sections
286.471
to 286.474 of the Michigan Compiled Laws 1981 PA 93, MCL
286.471 to 286.474:
(i) Any substance that the department demonstrates, on a case
by case basis, poses an unacceptable risk to the public health,
safety, or welfare, or the environment, considering the fate of the
material, dose-response, toxicity, or adverse impact on natural
resources.
(ii) Hazardous substance as defined in the comprehensive
environmental response, compensation, and liability act of 1980,
Public Law 96-510, 94 Stat. 2767.
(iii) Hazardous waste as defined in part 111.
(iv) Petroleum as described in part 213.
(s) (u)
"Interim response
activity" means the cleanup or
removal of a released hazardous substance or the taking of other
actions, prior to the implementation of a remedial action, as may
be necessary to prevent, minimize, or mitigate injury to the public
health, safety, or welfare, or to the environment. Interim response
activity also includes, but is not limited to, measures to limit
access, replacement of water supplies, and temporary relocation of
people as determined to be necessary by the department. In
addition, interim response activity means the taking of other
actions as may be necessary to prevent, minimize, or mitigate a
threatened release.
(t) (v)
"Lender" means any of the
following:
(i) A state or nationally chartered bank.
(ii) A state or federally chartered savings and loan
association or savings bank.
(iii) A state or federally chartered credit union.
(iv) Any other state or federally chartered lending institution
or regulated affiliate or regulated subsidiary of any entity listed
in this subparagraph or subparagraphs (i) to (iii).
(v) An insurance company authorized to do business in this
state
pursuant to the insurance code of 1956, Act No. 218 of the
Public
Acts of 1956, being sections 500.100 to 500.8302 of the
Michigan
Compiled Laws 1956 PA 218,
MCL 500.100 to 500.8302.
(vi) A motor vehicle finance company subject to the motor
vehicle
finance act, Act No. 27 of the Extra Session of 1950, being
sections
492.101 to 492.141 of the Michigan Compiled Laws 1950 (Ex
Sess) PA 27, MCL 492.101 to 492.141, with net assets in excess of
$50,000,000.00.
(vii) A foreign bank.
(viii) A retirement fund regulated pursuant to state law or a
pension fund regulated pursuant to federal law with net assets in
excess of $50,000,000.00.
(ix) A state or federal agency authorized by law to hold a
security interest in real property or a local unit of government
holding a reversionary interest in real property.
(x) A nonprofit tax exempt organization created to promote
economic development in which a majority of the organization's
assets are held by a local unit of government.
(xi) Any other person who loans money for the purchase of or
improvement of real property.
(xii) Any person who retains or receives a security interest to
service a debt or to secure a performance obligation.
(u) (w)
"Local health department"
means that term as defined
in
section 1105 of the public health code, Act No. 368 of the
Public
Acts of 1978, being section 333.1105 of the Michigan
Compiled
Laws 1978 PA 368, MCL
333.1105.
(v) (x)
"Local unit of
government" means a county, city,
township, or village, an agency of a local unit of government, an
authority or any other public body or entity created by or pursuant
to state law. Local unit of government does not include the state
or federal government or a state or federal agency.
(w) (y)
"Operator" means a person
who is in control of or
responsible for the operation of a facility. Operator does not
include either of the following:
(i) A person who holds indicia of ownership primarily to
protect the person's security interest in the facility, unless that
person participates in the management of the facility as described
in section 20101a.
(ii) A person who is acting as a fiduciary in compliance with
section 20101b.
(x) (z)
"Owner" means a person
who owns a facility. Owner does
not include either of the following:
(i) A person who holds indicia of ownership primarily to
protect the person's security interest in the facility, including,
but not limited to, a vendor's interest under a recorded land
contract, unless that person participates in the management of the
facility as described in section 20101a.
(ii) A person who is acting as a fiduciary in compliance with
section 20101b.
(y) (aa)
"Permitted release" means
1 or more of the following:
(i) A release in compliance with an applicable, legally
enforceable permit issued under state law.
(ii) A lawful and authorized discharge into a permitted waste
treatment facility.
(iii) A federally permitted release as defined in the
comprehensive environmental response, compensation, and liability
act of 1980, Public Law 96-510, 94 Stat. 2767.
(z) (bb)
"Release" includes, but
is not limited to, any
spilling, leaking, pumping, pouring, emitting, emptying,
discharging, injecting, escaping, leaching, dumping, or disposing
of a hazardous substance into the environment, or the abandonment
or discarding of barrels, containers, and other closed receptacles
containing a hazardous substance. Release does not include any of
the following:
(i) A release that results in exposure to persons solely within
a workplace, with respect to a claim that these persons may assert
against their employers.
(ii) Emissions from the engine exhaust of a motor vehicle,
rolling stock, aircraft, or vessel.
(iii) A release of source, by-product, or special nuclear
material from a nuclear incident, as those terms are defined in the
atomic energy act of 1954, chapter 1073, 68 Stat. 919, if the
release is subject to requirements with respect to financial
protection established by the nuclear regulatory commission under
section 170 of chapter 14 of title I of the atomic energy act of
1954,
chapter 1073, 71 Stat. 576, 42 U.S.C. USC 2210, or any
release of source by-product or special nuclear material from any
processing site designated under section 102(a)(1) of title I or
302(a) of title III of the uranium mill tailings radiation control
act
of 1978, Public Law 95-604, 42 U.S.C. USC 7912 and 7942.
(iv) If applied according to label directions and according to
generally accepted agricultural and management practices, the
application of a fertilizer, soil conditioner, agronomically
applied manure, or pesticide, or fruit, vegetable, or field crop
residuals or processing by-products, aquatic plants, or a
combination of these substances. As used in this subparagraph,
fertilizer and soil conditioner have the meaning given to these
terms in part 85, and pesticide has the meaning given to that term
in part 83.
(v) A release does not include fruits, vegetables, field crop
processing by-products, or aquatic plants, that are applied to the
land for an agricultural use or for use as an animal feed, if the
use is consistent with generally accepted agricultural and
management practices developed pursuant to the Michigan right to
farm
act, Act No. 93 of the Public Acts of 1981, being sections
286.471
to 286.474 of the Michigan Compiled Laws 1981 PA 93, MCL
286.471 to 286.474.
(aa) (cc)
"Remedial action"
includes, but is not limited to,
cleanup, removal, containment, isolation, destruction, or treatment
of a hazardous substance released or threatened to be released into
the environment, monitoring, maintenance, or the taking of other
actions that may be necessary to prevent, minimize, or mitigate
injury to the public health, safety, or welfare, or to the
environment.
(bb) (dd)
"Remedial action plan"
means a work plan for
performing remedial action under this part.
(cc) (ee)
"Response activity" means
evaluation, interim
response activity, remedial action, demolition, or the taking of
other actions necessary to protect the public health, safety, or
welfare, or the environment or the natural resources. Response
activity also includes health assessments or health effect studies
carried out under the supervision, or with the approval of, the
department
of public community health and enforcement actions
related to any response activity.
(dd) (ff)
"Response activity costs"
or "costs of response
activity" means all costs incurred in taking or conducting a
response activity, including enforcement costs.
(ee) (gg)
"Security interest" means
any interest, including a
reversionary interest, in real property created or established for
the purpose of securing a loan or other obligation. Security
interests include, but are not limited to, mortgages, deeds of
trusts, liens, and title pursuant to lease financing transactions.
Security interests may also arise from transactions such as sale
and leasebacks, conditional sales, installment sales, trust receipt
transactions, certain assignments, factoring agreements, accounts
receivable financing arrangements, consignments, or any other
transaction in which evidence of title is created if the
transaction creates or establishes an interest in real property for
the purpose of securing a loan or other obligation.
(ff) (hh)
"Site" means the location
of environmental
contamination.
(gg) (ii)
"Threatened release" or
"threat of release" means
any circumstance that may reasonably be anticipated to cause a
release.
(2) As used in this part, the phrase "a person who is liable"
includes a person who is described as being subject to liability in
section 20126. The phrase "a person who is liable" does not presume
that liability has been adjudicated.
Sec. 20104a. (1) The brownfield redevelopment board is created
within
the department of environmental quality natural resources.
(2) The board shall consist of the following members:
(a)
The director of the department of environmental quality or
his or her designee.
(b) The director of the department of management and budget or
his or her designee.
(c)
The chief executive officer of the jobs commission
Michigan economic development corporation or his or her designee.
(3) A majority of the members of the board constitute a quorum
for the transaction of business at a meeting of the board.
(4) The business which the board may perform shall be
conducted at a public meeting of the board held in compliance with
the
open meetings act, Act No. 267 of the Public Acts of 1976,
being
sections 15.261 to 15.275 of the Michigan Compiled Laws 1976
PA 267, MCL 15.261 to 15.275.
(5) A writing prepared, owned, used, in the possession of, or
retained by the board in the performance of an official function is
subject
to the freedom of information act, Act No. 442 of the
Public
Acts of 1976, being sections 15.231 to 15.246 of the
Michigan
Compiled Laws 1976 PA 442,
MCL 15.231 to 15.246.
(6) The board shall implement the duties and responsibilities
as provided in this part and as otherwise provided by law.
Sec. 20503. As used in this part:
(a) "Analytical data" means the qualitative or quantitative
measurements generated by chemical, physical, biological,
microbiological, radiological, or other scientific determination.
(b) "Calibration" means a set of operations that establish,
under specified conditions, the relationship between values of
quantities indicated by a measuring instrument or measuring system,
or values represented by a material measure or a reference
material, and the corresponding values realized by standards
established as follows:
(i) In calibration of support equipment, through the use of
reference standards that are traceable to the international system
of units.
(ii) In calibration according to analytical methods, typically
through the use of reference materials that are either purchased by
the laboratory with a certificate of analysis or purity, or
prepared by the laboratory using support equipment that has been
calibrated or verified to meet specifications.
(c) "Commercial laboratory" means a privately owned laboratory
that generates analytical data required under this act pertaining
to the operations of a third person regulated under this act.
(d)
"Council" means the laboratory data quality assurance
advisory
council created in section 20517.
(e)
"Department" means the department of environmental
quality.
(f)
"Director" means the director of the department.
(d) (g)
"Fund" means the laboratory
data quality recognition
program fund created in section 20509.
(e) (h)
"In-house laboratory"
means a privately owned
laboratory that generates analytical data required under this act
pertaining to the operations of the owner of that laboratory or an
affiliate of the owner.
(f) (i)
"Laboratory" means a body
that engages in calibration
or testing, or both, at a specified location.
(g) (j)
"Proficiency testing"
means a method of evaluating a
laboratory's performance under controlled conditions relative to a
given set of criteria through analysis of unknown samples provided
by an external source.
(h) (k)
"Public laboratory" means
a municipal or other
publicly owned laboratory that generates analytical data for
submission to the department under this act.
(i) (l) "Quality
recognition program" means the laboratory data
quality recognition program provided for in section 20505.
Sec. 21101. As used in this part:
(a)
"Department" means the department of natural resources,
underground
storage tank division.
(a)
(b) "Fund" means the underground storage tank
regulatory
enforcement fund created in section 21104.
(b) (c)
"Local unit of
government" means a municipality,
county, or governmental authority or any combination of
municipalities, counties, or governmental authorities.
(c) (d)
"Natural gas" means
natural gas, synthetic gas, and
manufactured gas.
(d) (e)
"Operator" means a person
who is presently, or was at
the time of a release, in control of or responsible for the
operation of an underground storage tank system.
(e) (f)
"Owner" means a person
who holds, or at the time of a
release who held, a legal, equitable, or possessory interest of any
kind in an underground storage tank system or in the property on
which an underground storage tank system is located, including, but
not limited to, a trust, vendor, vendee, lessor, or lessee.
However, owner does not include a person or a regulated financial
institution who, without participating in the management of an
underground storage tank system and who is not otherwise engaged in
petroleum production, refining, or marketing relating to the
underground storage tank system, is acting in a fiduciary capacity
or who holds indicia of ownership primarily to protect the person's
or the regulated financial institution's security interest in the
underground storage tank system or the property on which it is
located. This exclusion does not apply to a grantor, beneficiary,
remainderman, or other person who could directly or indirectly
benefit financially from the exclusion other than by the receipt of
payment for fees and expenses related to the administration of a
trust.
(f) (g)
"Regulated substance"
means any of the following:
(i) A substance defined in section 101(14) of title I of the
comprehensive environmental response, compensation, and liability
act
of 1980, Public Law 96-510, 42 U.S.C. USC 9601, but not
including a substance regulated as a hazardous waste under subtitle
C of the solid waste disposal act, title II of Public Law 89-272,
42
U.S.C. USC 6921 to 6931 and 6933 to 6939b.
(ii) Petroleum, including crude oil or any fraction of crude
oil that is liquid at standard conditions of temperature and
pressure (60 degrees Fahrenheit and 14.7 pounds per square inch
absolute). Petroleum includes but is not limited to mixtures of
petroleum with de minimis quantities of other regulated substances,
and petroleum-based substances composed of a complex blend of
hydrocarbons derived from crude oil through processes of
separation, conversion, upgrading, or finishing such as motor
fuels, jet fuels, distillate fuel oils, residual fuel oils,
lubricants, and petroleum solvents.
(iii) A substance listed in section 112 of part A of title I of
the
clean air act, chapter 360, 84 Stat. 1685, 42 U.S.C. USC 7412.
(g) (h)
"Release" means any
spilling, leaking, emitting,
discharging, escaping, leaching, or disposing from an underground
storage tank system into groundwater, surface water, or subsurface
soils.
(h) (i)
"Underground storage tank
system" means a tank or
combination of tanks, including underground pipes connected to the
tank or tanks, which is, was, or may have been used to contain an
accumulation of regulated substances, and the volume of which,
including the volume of the underground pipes connected to the tank
or tanks, is 10% or more beneath the surface of the ground. An
underground storage tank system does not include any of the
following:
(i) A farm or residential tank of 1,100 gallons or less
capacity used for storing motor fuel for noncommercial purposes.
(ii) A tank used for storing heating oil for consumptive use on
the premises where the tank is located.
(iii) A septic tank.
(iv) A pipeline facility, including gathering lines regulated
under either of the following:
(A) The natural gas pipeline safety act of 1968, Public Law
90-481,
49 U.S.C. USC Appx 1671 to 1677, 1679a to 1682, and 1683 to
1687.
(B) Sections 201 to 215 and 217 of the hazardous liquid
pipeline safety act of 1979, title II of Public Law 96-129, 49
U.S.C.
USC Appx 2001 to 2015.
(v) A surface impoundment, pit, pond, or lagoon.
(vi) A storm water or wastewater collection system.
(vii) A flow-through process tank.
(viii) A liquid trap or associated gathering lines directly
related to oil or gas production and gathering operations.
(ix) A storage tank situated in an underground area, such as a
basement, cellar, mineworking, drift, shaft, or tunnel if the
storage tank is situated upon or above the surface of the floor.
(x) Any pipes connected to a tank that is described in
subparagraphs (i) to (xvi).
(xi) An underground storage tank system holding hazardous
wastes listed or identified under subtitle C of the solid waste
disposal
act, title II of Public Law 89-272, 42 U.S.C. USC 6921
to
6931 and 6933 to 6939b, or a mixture of such hazardous waste and
other regulated substances.
(xii) A wastewater treatment tank system that is part of a
wastewater treatment facility regulated under section 307(b) of
title III or section 402 of title IV of the federal water pollution
control
act, 33 U.S.C. USC 1317 and 1342.
(xiii) Equipment or machinery that contains regulated substances
for operational purposes such as hydraulic lift tanks and
electrical equipment tanks.
(xiv) An underground storage tank system with a capacity of 110
gallons or less.
(xv) An underground storage tank system that contains a de
minimis concentration of regulated substances.
(xvi) An emergency spill or overflow containment underground
storage tank system that is expeditiously emptied after use.
Sec. 21501. For purposes of this part, the words and phrases
defined in sections 21502 and 21503 have the meanings ascribed to
them in those sections.
Sec. 21502. As used in this part:
(a) "Administrator" means the fund administrator provided for
in section 21513.
(b)
"Advisory board" means the temporary reimbursement program
advisory
board established under section 21562.
(b) (c)
"Approved claim" means a
claim that is approved
pursuant to section 21515.
(c) (d)
"Authority" means the Michigan
underground storage
tank financial assurance authority created in section 21523.
(e)
"Board" means the Michigan underground storage tank
financial
assurance policy board created in section 21541.
(d) (f)
"Board of directors"
means the board of directors of
the authority.
(e) (g)
"Bond proceeds account"
means the account or fund to
which proceeds of bonds or notes issued under this part have been
credited.
(f) (h)
"Bonds or notes" means
the bonds, notes, commercial
paper, other obligations of indebtedness, or any combination of
these, issued by the authority pursuant to this part.
(g) (i)
"Claim" means the
submission by the owner or operator
or his or her representative of documentation on an application
requesting payment from the fund. A claim shall include, at a
minimum, a completed and signed claim form and the name, address,
telephone number, and federal tax identification number of the
consultant retained by the owner or operator to carry out
responsibilities pursuant to part 213.
(h) (j)
"Class 1 site" means a
site posing the highest degree
of threat to the public and environment as determined by the
department, based on the classification system developed by the
department pursuant to section 21314a.
(i) (k)
"Class 2 site" means a
site posing the second highest
degree of threat to the public and environment as determined by the
department, based on the classification system developed by the
department pursuant to section 21314a.
(j) (l) "Consultant"
means a person on the list of qualified
underground storage tank consultants prepared pursuant to section
21542.
(k) (m)
"Co-pay amount" means the
co-pay amount provided for
in section 21514.
(l) (n)
"Corrective action" means
the investigation,
assessment, cleanup, removal, containment, isolation, treatment, or
monitoring of regulated substances released into the environment or
the taking of such other actions as may be necessary to prevent,
minimize, or mitigate injury to the public health, safety, or
welfare, the environment, or natural resources.
(o)
"Department" means the department of environmental
quality.
(m) (p)
"Eligible person" means
an owner or operator who meets
the eligibility requirements in section 21556 or 21557 and received
approval of his or her precertification application by the
department.
(n) (q)
"Financial responsibility
requirements" means the
financial responsibility for taking corrective action and for
compensating third parties for bodily injury and property damage
caused by a release from an underground storage tank system that
the owner or operator of an underground storage tank system must
demonstrate under part 211 and the rules promulgated under that
part.
(o) (r)
"Fund" means the Michigan
underground storage tank
financial assurance fund created in section 21506.
(p) (s)
"Heating oil" means
petroleum that is No. 1, No. 2,
No. 4—light, No. 4—heavy, No. 5—light, No. 5—heavy, and No. 6
technical grades of fuel oil; other residual fuel oils including
navy special fuel oil and bunker C; and other fuels when used as
substitutes for 1 of these fuel oils.
(q) (t)
"Indemnification" means
indemnification of an owner or
operator for a legally enforceable judgment entered against the
owner or operator by a third party, or a legally enforceable
settlement entered between the owner or operator and a third party,
compensating that third party for bodily injury or property damage,
or both, caused by an accidental release as those terms are defined
in R 29.2163 of the Michigan administrative code.
(r) (u)
"Location" means a
facility or parcel of property
where petroleum underground storage tank systems are registered
pursuant to part 211.
(s) (v)
"Operator" means a person
who was, at the time of
discovery of a release, in control of or responsible for the
operation of a petroleum underground storage tank system or a
person to whom an approved claim has been assigned or transferred.
(t) (w)
"Owner" means a person,
other than a regulated
financial institution, who, at the time of discovery of a release,
held a legal, equitable, or possessory interest of any kind in an
underground storage tank system or in the property on which an
underground storage tank system is located, including, but not
limited to, a trust, vendor, vendee, lessor, or lessee. Owner
includes a person to whom an approved claim is assigned or
transferred. Owner does not include a person or a regulated
financial institution who, without participating in the management
of an underground storage tank system and without being otherwise
engaged in petroleum production, refining, or marketing relating to
the underground storage tank system, is acting in a fiduciary
capacity or who holds indicia of ownership primarily to protect the
person's or the regulated financial institution's security interest
in the underground storage tank system or the property on which it
is located. This exclusion does not apply to a grantor,
beneficiary, remainderman, or other person who could directly or
indirectly benefit financially from the exclusion other than by the
receipt of payment for fees and expenses related to the
administration of a trust.
(u) (x)
"Oxygenate" means an
organic compound containing
oxygen and having properties as a fuel that are compatible with
petroleum, including, but not limited to, ethanol, methanol, or
methyl tertiary butyl ether (MTBE).
Sec. 21506. (1) The Michigan underground storage tank
financial assurance fund is created in the state treasury.
(2) The state treasurer shall direct the investment of the
fund. Interest and earnings from fund investments shall be credited
to the fund.
(3) Money in the fund at the close of the fiscal year shall
remain in the fund and shall not lapse to the general fund.
(4) Except as provided in subsections (5) and (6), money in
the fund shall be expended only as follows and in the following
order of priority:
(a) To defease principal and interest due and owing on bonds
issued by the authority pursuant to this part that are outstanding
on
the effective date of the 2004 amendatory act that amended this
section
October 12, 2004.
(b) For the reasonable administrative cost of implementing
this part by the department, the department of treasury, the
department of attorney general, and the authority as annually
appropriated
by the legislature. Administrative costs include the
actual
and necessary expenses incurred by the board and its members
in
carrying out the duties imposed by this part. Total
administrative costs expended under this subdivision shall not
exceed 7% of the fund's projected revenues in any year. Costs
incurred by the authority for the issuance of bonds or notes which
may also be payable from the proceeds of the bonds or notes shall
not be considered administrative costs.
(c) For payment of rewards under section 21549.
(d) For the interest subsidy program established in section
21522. The money expended under this subdivision shall not exceed
10% of the fund's projected revenues in any year. However, 10% of
the revenue of the fund during the first year of the fund's
operation shall be expended on the interest subsidy program. If
this money is not expended during the first year, this money shall
be carried over for expenditure in the succeeding years of the
fund's operation. Additional fund revenue shall not be set aside
for the interest subsidy program until all of the first year
revenue is expended.
(e) For corrective action and indemnification including all of
the following:
(i) Payments for work invoices submitted prior to 5 p.m. on
June 29, 1995 and approved by the department pursuant to this part.
(ii) Payments for requests for indemnification submitted prior
to 5 p.m. on June 29, 1995 and approved by the department pursuant
to this part.
(iii) Payments for work invoices or requests for indemnification
that were submitted prior to 5 p.m. on June 29, 1995 and denied by
the department pursuant to this part but which denials were
subsequently reversed on appeal.
(5) All revenue collected during the state fiscal years ending
September 30, 2003 and September 30, 2004 from the environmental
protection regulatory fee imposed under section 21508 shall be
allocated and expended by the state treasurer for the purchase of
United States treasury obligations in an amount sufficient,
together with interest on the obligations, to implement subsection
(4)(a).
(6) Upon determination by the state treasurer of the amount of
money needed to satisfy all obligations listed in subsection (4),
the state treasurer shall transfer all remaining money in the fund
to the refined petroleum fund created in section 21506a.
(7)
The board shall make recommendations to the appropriations
committees
in the senate and house of representatives on the
distribution
and amount of administrative costs under subsection
(4)(b).
The board shall provide a copy of these recommendations to
each
affected department.
Sec. 21515. (1) To receive money from the fund or bond
proceeds account for corrective action, the owner or operator, or a
consultant retained by the owner or operator, shall follow the
procedures outlined in this section and shall submit reports, work
plans, feasibility analyses, hydrogeological studies, and
corrective action plans prepared under part 213 and rules
promulgated under that part to the department, and shall provide
other information required by the administrator relevant to
determining compliance with this part.
(2) To receive money from the fund for corrective action, an
owner or operator shall submit a claim to the administrator. An
owner or operator shall not submit a claim until work invoices in
excess of $5,000.00 of the costs of corrective action have been
incurred.
(3) Upon receipt of a completed claim pursuant to subsection
(2), the administrator shall make all of the following
determinations:
(a)
Whether the department of environmental quality,
underground
storage tank division has objected
to payment on the
claim because the work performed or proposed to be performed is not
consistent with the requirements of part 213 and rules promulgated
under that part.
(b) Whether the work performed is necessary and appropriate
considering conditions at the site of the release.
(c) Whether the cost of performing the work is reasonable.
(d) Whether the owner or operator is eligible to receive
funding under this part.
(e) Whether the consultant retained by the owner or operator
has complied with section 21517.
(4) If the administrator fails to make the determinations
required under this section within 30 days after receipt of
certification
from the department of environmental quality,
underground
storage tank division that the owner
or operator has
met the requirements of section 21510(1)(b) and (c), the claim is
considered to be approved.
(5) If the administrator determines under subsection (3) that
the work invoices included with the claim are necessary and
appropriate considering conditions at the site of the release and
reasonable in terms of cost and the owner or operator is eligible
for funding under this part, the administrator shall approve the
claim and notify the owner or operator who submitted the claim of
the approval. If the administrator determines that the work
described on the work invoices submitted was not necessary or
appropriate or the cost of the work is not reasonable, or that the
owner or operator is not eligible for funding under this part, the
administrator shall deny the claim or any portion of the work
invoices submitted and give notice of the denial to the owner or
operator who submitted the claim.
(6) The owner or operator may submit additional work invoices
to the administrator after approval of a claim under subsection
(5). Within 45 days after receipt of a work invoice, the
administrator shall make the following determinations:
(a) Whether the work invoice complies with subsection (3).
(b) Whether the owner or operator is currently in compliance
with the registration and fee requirements of part 211 and the
rules promulgated under that part for the underground storage tank
system from which the release occurred.
(7) If the administrator determines that the work invoice does
not meet the requirements of subsection (6), he or she shall deny
the work invoice and give written notice of the denial to the owner
or operator who submitted the work invoice.
(8) The administrator shall keep records of approved work
invoices. If the owner or operator has not exceeded the allowable
amount of expenditure provided in section 21512, the administrator
shall forward payment vouchers to the state treasurer within 45
days of making the determinations under subsection (6).
(9) The administrator may approve a reimbursement for a work
invoice that was submitted by an owner or operator for corrective
action taken if the work invoice meets the requirements of this
part for an approved claim and an approved work invoice.
(10) Except as provided in subsection (11) or as otherwise
provided in this subsection, upon receipt of a payment voucher, the
state treasurer or the authority shall make a payment jointly to
the owner or operator and the consultant within 30 days if
sufficient money exists in the fund or a bond proceeds account.
However, the owner or operator may submit to the fund administrator
a signed affidavit stating that the consultant listed on a work
invoice has been paid in full. The affidavit shall list the work
invoice and claim to which the affidavit applies, a statement that
the owner or operator has mailed a copy of the affidavit by first-
class mail to the consultant listed on the work invoice, and the
date that the affidavit was mailed to the consultant. The
department is not required to verify affidavits submitted under
this subsection. If, within 14 days after the affidavit was mailed
to the consultant under this subsection, the fund administrator has
not received an objection in writing from the consultant listed on
the work invoice, the state treasurer or the authority shall make
the payment directly to the owner or operator. If a check has
already been issued to the owner or operator and the consultant,
the owner or operator may return the original check to the fund
administrator along with the affidavit. If within 14 days after the
affidavit was mailed to the consultant the fund administrator has
not received an objection from the consultant listed on the check,
the state treasurer or the authority shall reissue a check to the
owner or operator. If a consultant objects to an affidavit received
under this subsection, and notifies the fund administrator in
writing within 14 days after the affidavit was mailed to the
consultant, the fund administrator shall notify the state treasurer
and the authority, and the state treasurer or the authority shall
issue or reissue the check to the owner or operator and the
consultant. The grounds for an objection by a consultant under this
subsection must be that the consultant has not been paid in full
and the objection must be made by affidavit. The state treasurer or
the authority shall issue checks under this subsection within 60
days after an affidavit has been received by the fund
administrator. Once payment has been made under this section, the
fund is not liable for any claim on the basis of that payment.
(11) Upon direction of the administrator, the state treasurer
or the authority may withhold partial payment of money on payment
vouchers if there is reasonable cause to believe that there are
suspected violations of section 21548 or if necessary to assure
acceptable completion of the proposed work.
(12)
The department of environmental quality shall prepare and
make available to owners and operators and consultants standardized
claim and work invoice forms.
Sec. 21521. (1) If the administrator denies a claim or work
invoice, or a request for indemnification, the owner or operator
who submitted the claim, work invoice, or request for
indemnification may, within 14 days following the denial, request
review
by the department. Upon receipt of a request for review
under
this subsection, the department shall forward the request to
the
board for a preliminary review. The board shall conduct a
review
of the denial and shall submit a recommendation to the
department
as to whether the claim, work invoice, or request for
indemnification
substantially complies with this part. Following
review
by the board, the The department shall approve the claim,
work invoice, or request for indemnification if the department
determines that the claim, work invoice, or request for
indemnification substantially complies with the requirements of
this
part. In making its determination, the department shall give
substantial
consideration to the recommendations of the board.
However, the department shall not approve a claim, work invoice, or
request for indemnification for a release that was discovered prior
to July 18, 1989.
(2) If the department approves a claim based upon substantial
compliance pursuant to subsection (1), the department may refuse to
pay for costs incurred during the time the owner or operator was
not in strict compliance with this part.
(3) A person who is denied approval by the department after
review under subsection (1) may appeal the decision directly to the
circuit court for the county of Ingham.
Sec.
21522. (1) The department of treasury in cooperation with
the
board shall establish an interest
subsidy program through
rules. This program shall provide for interest subsidies, upon
application, to the owner or operator of a petroleum underground
storage tank system who meets the applicable requirements of
section 21510(1). Money in the fund shall not be used for loans but
shall be used to provide interest subsidies to lenders on loans for
the replacement of a petroleum underground storage tank system.
(2) Interest subsidies shall be made under this section, upon
application, for the replacement of existing petroleum underground
storage tank systems with petroleum underground storage tank
systems that meet the requirements of subtitle I of title II of the
solid
waste disposal act, Public Law 89-272, 42 U.S.C. USC 6991
to
6991i, for new underground storage tank systems installed after
January 1, 1989, and the rules promulgated under part 211.
(3) Applications for the interest subsidy program under this
section shall be submitted prior to December 22, 1998.
(4) Beginning August 1, 1993, the department of treasury shall
provide all applicants who otherwise qualify for the interest
subsidy program, an interest rate subsidy 1% above the 6-month
United States treasury bill rate in effect at the beginning of the
calendar quarter in which an owner or operator is eligible, but no
more than the actual interest rate paid. The maximum loan amount
that an interest rate subsidy will be provided for is $200,000.00.
The maximum loan period is 10 years.
Sec.
21541. (1) The Michigan underground storage tank
financial
assurance policy board is created in the department of
natural
resources.
(2)
The board shall consist of the following:
(a)
The director of the department of management and budget or
his
or her designee.
(b)
The director of the department of natural resources or his
or
her designee.
(c)
The director of the department of state police or his or
her
designee.
(d)
The state treasurer or his or her designee.
(e)
Eight individuals appointed by the governor with the
advice
and consent of the senate, as follows:
(i) One individual representing an independent
petroleum
wholesale
distributor-marketer trade association.
(ii) One
individual representing a petroleum refiner-supplier
trade
association.
(iii) One individual representing a service station
dealers'
trade
association.
(iv) One individual representing a truck stop operators
trade
association.
(v) One individual representing an environmental
public
interest
organization who is not associated with any of the
organizations
listed in subparagraphs (i) to (iv).
(vi) Two individuals representing the general public
who are
not
associated with any of the organizations listed in
subparagraphs
(i) to (iv).
(vii) One individual representing local government.
(3)
An individual appointed to the board shall serve for a
term
of 2 years.
(4)
A vacancy on the board shall be filled in the same manner
as
the original appointment.
(5)
The first meeting of the board shall be called by the
department.
At its first meeting, the board shall elect from among
its
members a chairperson and other officers as it considers
necessary.
After the first meeting, a meeting of the board shall be
called
by the chairperson on his or her own initiative or by the
chairperson
on petition of 3 or more members. Upon receipt of a
petition
of 3 or more members, a meeting shall be called for a date
no
later than 14 days after the date of receipt of the petition.
(6)
The business that the board may perform shall be conducted
at
a public meeting of the board held in compliance with the open
meetings
act, Act No. 267 of the Public Acts of 1976, being
sections
15.261 to 15.275 of the Michigan Compiled Laws.
(7)
A majority of the members of the board constitutes a
quorum
for the transaction of business at a meeting of the board.
Action
by the board shall be by a majority of the votes cast.
(8)
The board shall advise the department and the
administrator
on all matters related to the implementation of this
part.
(1) (9)
The administrator or the department
may submit to the
board,
for its review and evaluation, evaluate the
competitive
bidding process employed by a consultant pursuant to section 21517.
In
conducting this review and evaluation, the board department may
convene a peer review panel. Following completion of its review and
evaluation,
the board department shall forward a copy of its
findings
to the department, the administrator , and the consultant.
If
the board department finds the practices employed by a
consultant
to be inappropriate, the board department
may recommend
that
the department remove the
consultant from the list of
qualified consultants.
(2) (10)
Upon request of the administrator or the department,
the
board shall make a recommendation to the The department on
shall determine whether a consultant should be removed from the
list
of qualified consultants. Prior to making this recommendation
determination, the board department may convene a
peer review panel
to evaluate the conduct of the consultant with regard to compliance
with this part.
(11)
A member of the board shall abstain from voting on any
matter
in which that member has a conflict of interest.
Sec.
21542. (1) The department , after consultation with the
board,
shall prepare and annually update a
list of qualified
underground storage tank consultants who, based on department
guidelines, are qualified to carry out the responsibilities of
consultants as provided in part 213 and to oversee corrective
actions. However, in preparing this list of consultants, the
department is not responsible or liable for the performance of the
consultants. The department shall make this list of consultants
available to a person upon request.
(2) The department shall include a person on the list of
qualified consultants upon application, if the person meets all of
the following requirements:
(a) The person demonstrates experience in all phases of
underground storage tank work, including tank removal oversight,
site assessment, soil removal, feasibility, design, remedial system
installation, remediation management activities, and site closure.
(b) The person has 1 or more individuals actively on staff who
are certified underground storage tank professionals. Each
certified underground storage tank professional shall provide a
letter declaring that he or she is employed by the applicant and
that the individual has an active operational role in the daily
activities of the applicant.
(c) The person demonstrates that the person has or will be
able to obtain, if approved, all of the following:
(i) Workers' compensation insurance.
(ii) Professional liability errors and omissions insurance.
This policy may not exclude bodily injury, property damage, or
claims arising out of pollution for environmental work and shall be
issued with a limit of not less than $1,000,000.00 per occurrence.
(iii) Contractor pollution liability insurance with limits of
not less than $1,000,000.00 per occurrence, if not included under
the professional liability errors and omissions insurance required
under subparagraph (ii). The insurance requirement under this
subparagraph is not required for consultants who do not perform
contracting functions.
(iv) Commercial general liability insurance with limits of not
less than $1,000,000.00 per occurrence and $2,000,000.00 aggregate.
(v) Automobile liability insurance with limits of not less
than $1,000,000.00 per occurrence.
Deductibles in excess of 10% of the insurance limits provided
in this subdivision, or the use of self-insurance, must be approved
by the department. Insurance policies must be written by carriers
authorized to write such business, or approved as an eligible
surplus lines insurer, by the state. The insurance utilized must be
placed with an insurer listed in A.M. Best's with a rating of no
less than B+ VII.
(d) The person demonstrates compliance with the occupational
safety and health act of 1970, Public Law 91-596, 84 Stat. 1590,
and the regulations promulgated under that act, and the Michigan
occupational
safety and health act, Act No. 154 of the Public Acts
of
1974, being sections 408.1001 to 408.1094 of the Michigan
Compiled
Laws 1974 PA 154, MCL
408.1001 to 408.1094, and the rules
promulgated under that act, and demonstrates that all such rules
and regulations have been complied with during the person's
previous corrective action activity.
(3) A person applying to be placed on the list of qualified
consultants under this section shall submit an application to the
department along with documentation that the person meets the
requirements of subsection (2). If the person is a corporation, the
person shall include a copy of its most recent annual report.
(4) After submitting an application under this section, or any
time after a consultant is included on the list of qualified
consultants, the person shall notify the department within 10 days
of a change in any of the requirements of subsection (2), or any
material change in the person's operations or organizational status
that might affect the person's ability to operate as a consultant.
(5) A consultant shall be suspended or removed from the list
of qualified consultants for fraud or other cause as determined by
the department, including, but not limited to, failing to select
and employ the most cost effective corrective action measures. As
used in this subsection, "cost effective" includes a consideration
of timeliness of implementation of the corrective action measures.
Sec. 21551. Notwithstanding any provision of this part, prior
to December 22, 1998, the state treasurer shall reserve enough
money in the fund to pay interest subsidies pursuant to section
21522, and for work invoices and requests for indemnification that
were denied by the administrator, if subsequent to the denial the
owner or operator requested review by the former Michigan
underground storage tank financial assurance policy board,
requested a contested case hearing, or filed a lawsuit related to
the denial, and the case is still pending. This money shall be used
to pay interest subsidies, and for work invoices and requests for
indemnification in cases in which an owner or operator is
successful in persuading the board, the department, or a court that
the administrator's denial was in error.
Sec. 21561. (1) If the department denies a precertification
application or a work invoice submitted under the temporary
reimbursement program, the applicant who submitted the
precertification application or the eligible person who submitted
the work invoice may, within 14 days following the denial, request
review
by the department. Upon receipt of a request for review
under
this subsection, the department shall forward the request to
the
advisory board for a preliminary review. The advisory board
shall
conduct a review of the denial and shall submit a
recommendation
to the department as to whether the precertification
application
or the work invoice complies with this part. Not later
than
21 days following its receipt of
a request for review, by
the
advisory
board, the department shall approve
the precertification
application or the work invoice if the department determines that
the precertification application or the work invoice substantially
complies
with the requirements of this part. In making its
determination,
the department shall give substantial consideration
to
the recommendations of the advisory board.
(2) An eligible person or applicant who submitted a
precertification application who is denied approval by the
department after review under subsection (1) may appeal the
decision pursuant to section 631 of the revised judicature act of
1961, 1961 PA 236, MCL 600.631, directly to the circuit court for
the county of Ingham.
Sec.
21562. (1) The temporary reimbursement program advisory
board
is created. The advisory board shall conduct reviews of
denied
work invoices upon the request of eligible persons and
provide
recommendations to the department upon completion of such
reviews.
The advisory board shall also advise the department on all
matters
related to the implementation of the temporary
reimbursement
program.
(2)
The advisory board shall consist of the following:
(a)
Three individuals appointed by the governor, not more than
2
of whom are employed by state departments.
(b)
Two individuals appointed by the speaker of the house of
representatives.
(c)
Two individuals appointed by the senate majority leader.
(3)
An individual appointed to the advisory board shall serve
for
a term of 3 years, commencing on the initiation date of the
temporary
reimbursement program.
(4)
A vacancy on the advisory board shall be filled in the
same
manner as the original appointment was made.
(5)
The first meeting of the advisory board shall be called by
the
department. At its first meeting, the advisory board shall
elect
from among its members a chairperson and other officers as it
considers
necessary. After the first meeting, a meeting of the
advisory
board shall be called by the chairperson on his or her own
initiative
or by the chairperson on petition of 3 or more members.
Upon
receipt of a petition of 3 or more members, a meeting shall be
called
for a date not later than 21 days after the date of receipt
of
the petition.
(6)
The business that the advisory board may perform shall be
conducted
at a public meeting of the advisory board held in
compliance
with the open meetings act, 1976 PA 267, MCL 15.261 to
15.275.
(7)
A majority of the members of the advisory board constitute
a
quorum for the transaction of business at a meeting of the
advisory
board. Action by the advisory board shall be by a majority
of
the votes cast.
(8)
The department may submit to the advisory board, for its
review
and evaluation, evaluate the competitive bidding process
employed by a consultant pursuant to section 21558. In conducting
this
review and evaluation, the advisory board department may
convene a peer review panel. Following completion of its review and
evaluation,
the advisory board department
shall forward a copy of
its
findings to the department and the consultant. If the advisory
board
department finds the practices employed by a consultant to be
inappropriate,
the advisory board may recommend that the department
may revoke the consultant's certification.
(9)
A member of the advisory board shall abstain from voting
on
any matter in which that member has a conflict of interest.
Sec. 30101. As used in this part:
(a) "Bottomland" means the land area of an inland lake or
stream that lies below the ordinary high-water mark and that may or
may not be covered by water.
(b) "Bulkhead line" means a line that is established pursuant
to this part beyond which dredging, filling, or construction of any
kind is not allowed without a permit.
(c) "Dam" means an artificial barrier, including dikes,
embankments, and appurtenant works, that impounds, diverts, or is
designed to impound or divert water.
(d)
"Department" means the department of environmental
quality.
(d) (e)
"Fund" means the land and
water management permit fee
fund created in section 30113.
(e) (f)
"Height of the dam" means
the difference in elevation
measured vertically between the natural bed of an inland lake or
stream at the downstream toe of the dam, or, if it is not across a
stream channel or watercourse, from the lowest elevation of the
downstream toe of the dam, to the design flood elevation or to the
lowest point of the top of the dam, whichever is less.
(f) (g)
"Impoundment" means water
held back by a dam, dike,
floodgate, or other barrier.
(g) (h)
"Inland lake or stream"
means a natural or artificial
lake, pond, or impoundment; a river, stream, or creek which may or
may not be serving as a drain as defined by the drain code of 1956,
1956 PA 40, MCL 280.1 to 280.630; or any other body of water that
has definite banks, a bed, and visible evidence of a continued flow
or continued occurrence of water, including the St. Marys, St.
Clair, and Detroit rivers. Inland lake or stream does not include
the Great Lakes, Lake St. Clair, or a lake or pond that has a
surface area of less than 5 acres.
(h) (i)
"Marina" means a facility
that is owned or operated by
a person, extends into or over an inland lake or stream, and offers
service to the public or members of the marina for docking,
loading, or other servicing of recreational watercraft.
(i) (j)
"Minor offense" means
either of the following
violations of this part if the project involved in the offense is a
minor project as listed in R 281.816 of the Michigan administrative
code or the department determines that restoration of the affected
property is not required:
(i) The failure to obtain a permit under this part.
(ii) A violation of a permit issued under this part.
(j) (k)
"Ordinary high-water
mark" means the line between
upland and bottomland that persists through successive changes in
water levels, below which the presence and action of the water is
so common or recurrent that the character of the land is marked
distinctly from the upland and is apparent in the soil itself, the
configuration of the surface of the soil, and the vegetation. On an
inland lake that has a level established by law, it means the high
established level. Where water returns to its natural level as the
result of the permanent removal or abandonment of a dam, it means
the natural ordinary high-water mark.
(k) (l) "Project"
means an activity that requires a permit
pursuant to section 30102.
(l) (m)
"Property owners'
association" means any group of
organized property owners publishing a directory of their
membership, the majority of which are riparian owners and are
located on the inland lake or stream that is affected by the
proposed project.
(m) (n)
"Riparian owner" means a
person who has riparian
rights.
(n) (o)
"Riparian rights" means
those rights which are
associated with the ownership of the bank or shore of an inland
lake or stream.
(o) (p)
"Seasonal structure" includes
any type of dock, boat
hoist, ramp, raft, or other recreational structure that is placed
into an inland lake or stream and removed at the end of the boating
season.
(p) (q)
"Structure" includes a
marina, wharf, dock, pier, dam,
weir, stream deflector, breakwater, groin, jetty, sewer, pipeline,
cable, and bridge.
(q) (r)
"Upland"
means the land area that lies above the
ordinary high-water mark.
Sec. 30301. As used in this part:
(a) "Beach" means the area landward of the shoreline of the
Great Lakes as the term shoreline is defined in section 32301.
(b) "Beach maintenance activities" means any of the following
in the area of Great Lakes bottomlands lying below the ordinary
high-water mark and above the water's edge:
(i) Manual or mechanized leveling of sand.
(ii) Mowing of vegetation.
(iii) Manual de minimis removal of vegetation.
(iv) Grooming of soil.
(v) Construction and maintenance of a path.
(c) "Debris" means animal or fish carcasses, zebra mussel
shells, dead vegetation, trash, and discarded materials of human-
made origin.
(d)
"Department" means the department of environmental
quality.
(e)
"Director" means the director of the department.
(d) (f)
"Fill material" means
soil, rocks, sand, waste of any
kind, or any other material that displaces soil or water or reduces
water retention potential.
(e) (g)
"Environmental area"
means an environmental area as
defined in section 32301.
(f) (h)
"Grooming of soil" means
raking or dragging, pushing,
or pulling metal teeth through the top 4 inches of soil without
disturbance of or destruction to plant roots, for the purpose of
removing debris.
(g) (i)
"Leveling of sand" means
the relocation of sand within
areas being leveled that are predominantly free of vegetation,
including the redistribution, grading, and spreading of sand that
has been deposited through wind or wave action onto upland riparian
property.
(h) (j)
"Minor drainage" includes
ditching and tiling for the
removal of excess soil moisture incidental to the planting,
cultivating, protecting, or harvesting of crops or improving the
productivity of land in established use for agriculture,
horticulture, silviculture, or lumbering.
(i) (k)
"Mowing of vegetation"
means the cutting of vegetation
to a height of not less than 2 inches, without disturbance of soil
or plant roots.
(j) (l) "Ordinary
high-water mark" means that term as it is
defined in section 32502.
(k) (m)
"Path" means a temporary
access walkway from the
upland riparian property directly to the shoreline across swales
with standing water, not exceeding 6 feet in bottom width and
consisting of sand and pebbles obtained from the exposed,
nonvegetated bottomlands or from the upland riparian property.
(l) (n)
"Person" means an
individual, sole proprietorship,
partnership, corporation, association, municipality, this state, an
instrumentality or agency of this state, the federal government, an
instrumentality or agency of the federal government, or other legal
entity.
(m) (o)
"Removal of vegetation"
means the manual or mechanized
removal of vegetation, other than the manual de minimis removal of
vegetation.
(n) (p)
"Wetland" means land
characterized by the presence of
water at a frequency and duration sufficient to support, and that
under normal circumstances does support, wetland vegetation or
aquatic life, and is commonly referred to as a bog, swamp, or marsh
and which is any of the following:
(i) Contiguous to the Great Lakes or Lake St. Clair, an inland
lake or pond, or a river or stream.
(ii) Not contiguous to the Great Lakes, an inland lake or pond,
or
a river or stream; and more than 5 acres in size. ; except this
subparagraph
shall not be of effect, except for the purpose of
inventorying,
in counties of less than 100,000 population until the
department
certifies to the commission it has substantially
completed
its inventory of wetlands in that county.
(iii) Not contiguous to the Great Lakes, an inland lake or pond,
or a river or stream; and 5 acres or less in size if the department
determines that protection of the area is essential to the
preservation of the natural resources of the state from pollution,
impairment, or destruction and the department has so notified the
owner. ;
except this subparagraph may be utilized regardless of
wetland
size in a county in which subparagraph (ii) is of no effect;
except
for the purpose of inventorying, at the time.
Sec. 30321. (1) The department shall make or cause to be made
a preliminary inventory of all wetland in this state on a county by
county basis and file the inventory with the agricultural extension
office, register of deeds, and county clerk.
(2) At least 2 hearings shall be held in each state planning
and development region created by Executive Directive No. 1973-1.
The hearing shall be held by the department after publication and
due notice so that interested parties may comment on the inventory.
After the hearings, the department shall issue a final inventory
which shall be sent and kept by the agricultural extension office,
register of deeds, and county clerk. Legislators shall receive an
inventory of a county or regional classification for their
districts including both preliminary and final inventories unless
the legislators request not to receive the materials.
(3) Before an inventory is made of a county, a person who owns
or leases a parcel of property located in that county may request
that
the department of environmental quality assess whether the
parcel of property or a portion of the parcel is wetland. The
request shall satisfy all of the following requirements:
(a) Be made on a form provided by the department.
(b) Be signed by the person who owns or leases the property.
(c) Contain a legal description of the parcel and, if only a
portion of the parcel is to be assessed, a description of the
portion to be assessed.
(d) Include a map showing the location of the parcel.
(e) Grant the department or its agent permission to enter on
the parcel for the purpose of conducting the assessment.
(4) The department shall assess the parcel within a reasonable
time after the request is made. The department may enter upon the
parcel to conduct the assessment. Upon completion of the
assessment, the department shall provide the person with a written
assessment report. The assessment report shall do all of the
following:
(a) Identify in detail the location of any wetland in the area
assessed.
(b) If wetland is present in the area assessed, describe the
types of activities that require a permit under this part.
(c) If the assessment report determines that the area assessed
or part of the area assessed is not wetland, state that the
department lacks jurisdiction under this part as to the area that
the report determines is not wetland and that this determination is
binding on the department for 3 years from the date of the
assessment.
(d) Contain the date of the assessment.
(e) Advise that the person may request the department to
reassess the parcel or any part of the parcel that the person
believes was erroneously determined to be wetland if the request is
accompanied by evidence pertaining to wetland vegetation, soils, or
hydrology that is different from or in addition to the information
relied upon by the department.
(f) Advise that the assessment report does not constitute a
determination of wetland that may be regulated under local
ordinance or wetland areas that may be regulated under federal law
and advise how a determination of wetland areas regulated under
federal law may be obtained.
(g) List regulatory programs that may limit land use
activities on the parcel, advise that the list is not exhaustive,
and advise that the assessment report does not constitute a
determination of jurisdiction under those programs. The regulatory
programs listed shall be those under the following parts:
(i) Part 31, with respect to floodplains and floodways.
(ii) Part 91.
(iii) Part 301.
(iv) Part 323.
(v) Part 325.
(vi) Part 353.
(5) A person may request the department to reassess any area
assessed under subsections (3) and (4) that the person believes the
department erroneously determined to be wetland. The requirements
of subsections (3) and (4) apply to the request, assessment, and
assessment report. However, the request shall be accompanied by
evidence pertaining to wetland vegetation, soils, or hydrology that
is different from or in addition to the information relied upon by
the department. The assessment report shall not contain the
information required by subsection (4)(e).
(6) If an assessment report determines that the area assessed
or part of the area assessed is not a wetland regulated by the
department under this part, then the area determined by the
assessment report not to be a wetland is not a wetland regulated by
the department under this part for a period of 3 years after the
date of the assessment.
(7) The department may charge a fee for an assessment
requested under subsection (3) based upon the cost to the
department of conducting an assessment.
Sec. 31701. As used in this part:
(a) "Agricultural well" means a high capacity well that is
used for an agricultural purpose.
(b) "Complaint" means a complaint submitted under section
31702 alleging a potential groundwater dispute.
(c) "Construction" means the process of building a building,
road, utility, or another structure, including all of the
following:
(i) Assembling materials.
(ii) Disassembling and removing a structure.
(iii) Preparing the construction site.
(iv) Work related to any of the items described in
subparagraphs (i) to (iii).
(d) "Dewatering well" means a well or pump that is used for a
limited time period as part of a construction project to remove or
pump water from a surface or subsurface area and ceases to be used
upon completion of the construction project or shortly after
completion of the construction project.
(e)
"Director" means the director of the department of
environmental
quality or his or her designee.
(f) "Farm" means that term as it is defined in section 2 of
the Michigan right to farm act, 1981 PA 93, MCL 286.472.
(g) "Fund" means the aquifer protection revolving fund created
in section 31710.
(h) "Groundwater" means the water in the zone of saturation
that fills all of the pore spaces of the subsurface geologic
material.
(i) "Groundwater dispute" means a groundwater dispute declared
by order of the director under section 31703.
(j) "High capacity well" means 1 or more water wells
associated with an industrial or processing facility, an irrigation
facility, a farm, or a public water supply system that, in the
aggregate from all sources and by all methods, have the capability
of withdrawing 100,000 or more gallons of groundwater in 1 day.
(k)
"Industrial or processing facility" means that term as it
is
defined in section 32701.
(l) "Irrigation facility" means that term as
it is defined in
section
32701.
(k) (m)
"Local health department"
means that term as it is
defined in section 1105 of the public health code, 1978 PA 368, MCL
333.1105.
(l) (n)
"Owner" means either of
the following:
(i) The owner of an interest in property.
(ii) A person in possession of property.
(m) (o)
"Potable water" means
water that at the point of use
is acceptable for human consumption.
(n) (p)
"Public water supply
system" means a water system that
provides water for human consumption or other purposes to persons
other than the supplier of water.
(o) (q)
"Small quantity well"
means 1 or more water wells of a
person at the same location that, in the aggregate from all sources
and by all methods, have the capability of withdrawing less than
100,000 gallons of groundwater in 1 day.
(p) (r)
"Water well" means an
opening in the surface of the
earth, however constructed, that is used for the purpose of
withdrawing groundwater. Water well does not include a drain as
defined in section 3 of the drain code of 1956, 1956 PA 40, MCL
280.3.
(q) (s)
"Well drilling
contractor" means a well drilling
contractor registered under part 127 of the public health code,
1978 PA 368, MCL 333.12701 to 333.12771.
Sec. 32501. As used in this part:
(a) "Beach" means the area landward of the shoreline of the
Great Lakes as the term shoreline is defined in section 32301.
(b) "Beach maintenance activities" means any of the following
in the area of Great Lakes bottomlands lying below the ordinary
high-water mark and above the water's edge:
(i) Manual or mechanized leveling of sand.
(ii) Mowing of vegetation.
(iii) Manual de minimis removal of vegetation.
(iv) Grooming of soil.
(v) Construction and maintenance of a path.
(c) "Debris" means animal or fish carcasses, zebra mussel
shells, dead vegetation, trash, and discarded materials of human-
made origin.
(d)
"Department" means the department of environmental
quality.
(e)
"Director" means the director of the department.
(d) (f)
"Environmental area"
means an environmental area as
defined in section 32301.
(e) (g)
"Grooming of soil" means
raking or dragging, pushing,
or pulling metal teeth through the top 4 inches of soil without
disturbance of or destruction to plant roots, for the purpose of
removing debris.
(f) (h)
"Leveling of sand" means
the relocation of sand within
areas being leveled that are predominantly free of vegetation,
including the redistribution, grading, and spreading of sand that
has been deposited through wind or wave action onto upland riparian
property.
(g) (i)
"Marina purposes" means
an operation making use of
submerged bottomlands or filled-in bottomlands of the Great Lakes
for the purpose of service to boat owners or operators, which
operation may restrict or prevent the free public use of the
affected bottomlands or filled-in lands.
(h) (j)
"Mowing of vegetation"
means the cutting of vegetation
to a height of not less than 2 inches, without disturbance of soil
or plant roots.
(i) (k)
"Path" means a temporary
access walkway from the
upland riparian property directly to the shoreline across swales
with standing water, not exceeding 6 feet in bottom width and
consisting of sand and pebbles obtained from the exposed,
nonvegetated bottomlands or from the upland riparian property.
(j) (l) "Removal
of vegetation" means the manual or mechanized
removal of vegetation other than the de minimis removal of
vegetation.
(k) (m)
"Wetland" means that term
as it is defined in section
30301.
Sec. 32513. (1) Before any work or connection specified in
section 32512 or 32512a is undertaken, a person shall file an
application
with the department of environmental quality setting
forth the following:
(a) The name and address of the applicant.
(b) The legal description of the lands included in the
project.
(c) A summary statement of the purpose of the project.
(d) A map or diagram showing the proposal on an adequate scale
with contours and cross-section profiles of the waterway to be
constructed.
(e)
Other information required by the department. of
environmental
quality.
(2) Except as provided in subsections (3) and (4), until
October 1, 2011, an application for a permit under this section
shall be accompanied by a fee according to the following schedule:
(a) For a project in a category of activities for which a
general permit is issued under section 32512a, a fee of $100.00.
(b) For activities included in the minor project category as
described in rules promulgated under this part and for a permit for
the removal of vegetation in an area that is not more than 100 feet
wide or the width of the property, whichever is less, or the mowing
of vegetation in excess of what is allowed in section
32512(2)(a)(ii), in the area between the ordinary high-water mark
and the water's edge, a fee of $50.00.
(c) For construction or expansion of a marina, a fee of:
(i) $50.00 for an expansion of 1-10 slips to an existing
permitted marina.
(ii) $100.00 for a new marina with 1-10 proposed marina slips.
(iii) $250.00 for an expansion of 11-50 slips to an existing
permitted marina, plus $10.00 for each slip over 50.
(iv) $500.00 for a new marina with 11-50 proposed marina slips,
plus $10.00 for each slip over 50.
(v) $1,500.00 if an existing permitted marina proposes
maintenance dredging of 10,000 cubic yards or more or the addition
of seawalls, bulkheads, or revetments of 500 feet or more.
(d) For major projects other than a project described in
subdivision (c)(v), involving any of the following, a fee of
$2,000.00:
(i) Dredging of 10,000 cubic yards or more.
(ii) Filling of 10,000 cubic yards or more.
(iii) Seawalls, bulkheads, or revetment of 500 feet or more.
(iv) Filling or draining of 1 acre or more of coastal wetland.
(v) New dredging or upland boat basin excavation in areas of
suspected contamination.
(vi) New breakwater or channel jetty.
(vii) Shore protection, such as groins and underwater
stabilizers, that extend 150 feet or more on Great Lakes
bottomlands.
(viii) New commercial dock or wharf of 300 feet or more in
length.
(e) For all other projects not listed in subdivisions (a)
through
to (d), $500.00.
(3) A project that requires review and approval under this
part and 1 or more of the following is subject to only the single
highest permit fee required under this part or the following:
(a) Part 301.
(b) Part 303.
(c) Part 323.
(d) Section 3104.
(e) Section 117 of the land division act, 1967 PA 288, MCL
560.117.
(4) If work has been done in violation of a permit requirement
under this part and restoration is not ordered by the department,
of
environmental quality, the department
of environmental quality
may accept an application for a permit if the application is
accompanied by a fee equal to 2 times the permit fee required under
this section.
(5)
The department of environmental quality shall forward all
fees collected under this section to the state treasurer for
deposit into the land and water management permit fee fund created
in section 30113.
Sec. 32601. As used in this part:
(a) "Bottomlands" means land in the Great Lakes, and bays and
harbors of the Great Lakes, lying below and lakeward of the
ordinary high-water mark as described in section 32502.
(b)
"Department" means the department of environmental
quality.
(b) (c)
"Fair market value" means
the price based upon the
unique historical and physical properties, including, but not
limited to, species, growth rates, volume, and condition of the
submerged logs as calculated at dockside following delivery to
shore.
(c) (d)
"Fund" means the
submerged log recovery fund created
in section 32610.
(d) (e)
"Great Lakes"
means Lake Superior, Lake
Michigan, Lake
Huron, and Lake Erie, and includes Lake St. Clair.
(e) (f)
"Ordinary high-water
mark" means the elevations
described in section 32502. When the soil, configuration of the
surface, or vegetation has been altered by human activity, the
ordinary high-water mark is located where it would have been if
this alteration had not occurred.
(f) (g)
"Patented lands" means
any bottomlands lying within a
specific government grant area, including a private claim patent or
federal patent.
(g) (h)
"Riparian owner" means a
person who owns frontage
bordering bottomlands.
(h) (i)
"Riparian rights" means
those rights that are
associated with the ownership of frontage bordering bottomlands,
subject to the public trust.
(i) (j)
"Submerged log" means a
portion of the trunk of a
felled tree that has not been further processed for any end use and
is located on, in, over, or under bottomlands. Submerged log does
not include a portion of a tree that is located in the Great Lakes
or on, in, over, or under bottomlands that poses a navigational or
safety hazard or is of no or little commercial value.
(j) (k)
"Unpatented lands" means
all bottomlands except
patented lands.
Sec. 32701. (1) As used in this part:
(a) "Adverse resource impact" means any of the following:
(i) Until February 1, 2009, decreasing the flow of a river or
stream by part of the index flow such that the river's or stream's
ability to support characteristic fish populations is functionally
impaired.
(ii) Beginning February 1, 2009, subject to subparagraph (vi),
decreasing the flow of a cold river system by part of the index
flow as follows:
(A) For a cold stream, the withdrawal will result in a 3% or
more reduction in the density of thriving fish populations as
determined by the thriving fish curve.
(B) For a cold small river, the withdrawal will result in a 1%
or more reduction in the density of thriving fish populations as
determined by the thriving fish curve.
(iii) Beginning February 1, 2009, subject to subparagraph (vi),
decreasing the flow of a cold-transitional river system by part of
the index flow such that the withdrawal will result in a 5% or more
reduction in the density of thriving fish populations as determined
by the thriving fish curve.
(iv) Beginning February 1, 2009, subject to subparagraph (vi),
decreasing the flow of a cool river system by part of the index
flow as follows:
(A) For a cool stream, the withdrawal will result in a 10% or
more reduction in the abundance of characteristic fish populations
as determined by the characteristic fish curve.
(B) For a cool small river, the withdrawal will result in a
15% or more reduction in the density of thriving fish populations
as determined by the thriving fish curve.
(C) For a cool large river, the withdrawal will result in a
12% or more reduction in the density of thriving fish populations
as determined by the thriving fish curve.
(v) Beginning February 1, 2009, subject to subparagraph (vi),
decreasing the flow of a warm river system by part of the index
flow as follows:
(A) For a warm stream, the withdrawal will result in a 5% or
more reduction in the abundance of characteristic fish populations
as determined by the characteristic fish curve.
(B) For a warm small river, the withdrawal will result in a
10% or more reduction in the abundance of characteristic fish
populations as determined by the characteristic fish curve.
(C) For a warm large river, the withdrawal will result in a
10% or more reduction in the abundance of characteristic fish
populations as determined by the characteristic fish curve.
(vi) Beginning February 1, 2009, decreasing the flow of a
stream or river by more than 25% of its index flow.
(vii) Decreasing the level of a lake or pond with a surface
area of 5 acres or more through a direct withdrawal from the lake
or pond in a manner that would impair or destroy the lake or pond
or the uses made of the lake or pond, including the ability of the
lake or pond to support characteristic fish populations, or such
that the ability of the lake or pond to support characteristic fish
populations is functionally impaired. As used in this subparagraph,
lake or pond does not include a retention pond or other
artificially created surface water body.
(b) "Agricultural purpose" means the agricultural production
of plants and animals useful to human beings and includes, but is
not limited to, forages and sod crops, grains and feed crops, field
crops, dairy animals and dairy products, poultry and poultry
products, cervidae, livestock, including breeding and grazing,
equine, fish and other aquacultural products, bees and bee
products, berries, herbs, fruits, vegetables, flowers, seeds,
grasses, nursery stock, trees and tree products, mushrooms, and
other similar products, or any other product, as determined by the
commission of agriculture, that incorporates the use of food, feed,
fiber, or fur.
(c) "Assessment tool" means the water withdrawal assessment
tool provided for in section 32706a.
(d) "Baseline capacity", subject to subsection (2), means any
of the following, which shall be considered the existing withdrawal
approval amount under section 4.12.2 of the compact:
(i) The following applicable withdrawal capacity as reported to
the department or the department of agriculture, as appropriate, by
the person making the withdrawal in the annual report submitted
under section 32707 not later than April 1, 2009 or in the water
use conservation plan submitted under section 32708 not later than
April 1, 2009:
(A) Unless reported under a different provision of this
subparagraph, for a quarry or mine that holds an authorization to
discharge under part 31 that includes a discharge volume, the
discharge volume stated in that authorization on February 28, 2006.
(B) The system capacity used or developed to make a withdrawal
on February 28, 2006, if the system capacity and a description of
the system capacity are included in an annual report that is
submitted under this part not later than April 1, 2009.
(ii) If the person making the withdrawal does not report under
subparagraph (i), the highest annual amount of water withdrawn as
reported under this part for calendar year 2002, 2003, 2004, or
2005. However, for a person who is required to report by virtue of
the 2008 amendments to section 32705(2)(d), baseline capacity means
the person's withdrawal capacity as reported in the April 1, 2009
annual report submitted under section 32707.
(iii) For a community supply, the total designed withdrawal
capacity for the community supply under the safe drinking water
act, 1976 PA 399, MCL 325.1001 to 325.1023, on February 28, 2006 as
reported to the department in a report submitted not later than
April 1, 2009.
(e) "Characteristic fish curve" means a fish functional
response curve that describes the abundance of characteristic fish
populations in response to reductions in index flow as published in
the document entitled "Report to the Michigan Legislature in
response to 2006 Public Act 34" by the former groundwater
conservation advisory council dated July 2007, which is
incorporated by reference.
(f) "Characteristic fish population" means the fish species,
including thriving fish, typically found at relatively high
densities in stream reaches having specific drainage area, index
flow, and summer temperature characteristics.
(g) "Cold river system" means a stream or small river that has
the appropriate summer water temperature that, based on statewide
averages, sustains a fish community composed predominantly of cold-
water fish species, and where small increases in water temperature
will not cause a decline in these populations, as determined by a
scientific methodology adopted by order of the commission.
(h) "Cold-transitional river system" means a stream or river
that has the appropriate summer water temperature that, based on
statewide averages, sustains a fish community composed
predominantly of cold-water fish species, and where small increases
in water temperature will cause a decline in the proportion of
cold-water species, as determined by a scientific methodology
adopted by order of the commission.
(i) "Community supply" means that term as it is defined in
section 2 of the safe drinking water act, 1976 PA 399, MCL
325.1002.
(j) "Compact" means the Great Lakes-St. Lawrence river basin
water resources compact provided for in part 342.
(k) "Consumptive use" means that portion of water withdrawn or
withheld from the Great Lakes basin and assumed to be lost or
otherwise not returned to the Great Lakes basin due to evaporation,
incorporation into products or agricultural products, use as part
of the packaging of products or agricultural products, or other
processes. Consumptive use includes a withdrawal of waters of the
Great Lakes basin that is packaged within the Great Lakes basin in
a container of 5.7 gallons (20 liters) or less and is bottled
drinking water as defined in the food code, 2005 recommendations of
the food and drug administration of the United States public health
service.
(l) "Cool river system" means a stream or river that has the
appropriate summer water temperature that, based on statewide
averages, sustains a fish community composed mostly of warm-water
fish species, but also contains some cool-water species or cold-
water species, or both, as determined by a scientific methodology
adopted by order of the commission.
(m) "Council" means the Great Lakes-St. Lawrence river basin
water resources council created in the compact.
(n)
"Department" means the department of environmental
quality.
(n) (o)
"Designated trout stream"
means a trout stream
identified on the document entitled "Designated Trout Streams for
the State of Michigan", as issued under order of the director of
the department of natural resources, FO-210.04, on October 10,
2003.
(o) (p)
"Diversion" means a
transfer of water from the Great
Lakes basin into another watershed, or from the watershed of 1 of
the Great Lakes into that of another by any means of transfer,
including, but not limited to, a pipeline, canal, tunnel, aqueduct,
channel, modification of the direction of a water course, tanker
ship, tanker truck, or rail tanker but does not apply to water that
is used in the Great Lakes basin or a Great Lake watershed to
manufacture or produce a product that is then transferred out of
the Great Lakes basin or watershed. Diverted has a corresponding
meaning. Diversion includes a transfer of water withdrawn from the
waters of the Great Lakes basin that is removed from the Great
Lakes basin in a container greater than 5.7 gallons (20 liters).
Diversion does not include any of the following:
(i) A consumptive use.
(ii) The supply of vehicles, including vessels and aircraft,
whether for the needs of the persons or animals being transported
or for ballast or other needs related to the operation of vehicles.
(iii) Use in a noncommercial project on a short-term basis for
firefighting, humanitarian, or emergency response purposes.
(iv) A transfer of water from a Great Lake watershed to the
watershed of its connecting waterways.
(p) (q)
"Environmentally sound and
economically feasible water
conservation measures" means those measures, methods, technologies,
or practices for efficient water use and for reduction of water
loss and waste or for reducing a withdrawal, consumptive use, or
diversion that meet all of the following:
(i) Are environmentally sound.
(ii) Reflect best practices applicable to the water use sector.
(iii) Are technically feasible and available.
(iv) Are economically feasible and cost-effective based on an
analysis that considers direct and avoided economic and
environmental costs.
(v) Consider the particular facilities and processes involved,
taking into account the environmental impact, the age of equipment
and facilities involved, the process employed, energy impacts, and
other appropriate factors.
(q) (r)
"Farm" means that term as
it is defined in section 2
of the Michigan right to farm act, 1981 PA 93, MCL 286.472.
(r) (s)
"Flow-based safety
factor" means a protective measure
of the assessment tool that reduces the portion of index flow
available for a withdrawal to 1/2 of the index flow for the purpose
of minimizing the risk of adverse resource impacts caused by
statistical uncertainty.
(s) (t)
"Great Lakes"
means Lakes Superior, Michigan and
Huron, Erie, and Ontario and their connecting waterways including
the St. Marys river, Lake St. Clair, the St. Clair river, and the
Detroit river. For purposes of this definition, Lakes Huron and
Michigan shall be considered a single Great Lake.
(t) (u)
"Great Lakes
basin" means the watershed of the Great
Lakes and the St. Lawrence river.
(u) (v)
"Great Lakes charter"
means the document establishing
the principles for the cooperative management of the Great Lakes
water resources, signed by the governors and premiers of the Great
Lakes region on February 11, 1985.
(v) (w)
"Great Lakes region"
means the geographic region
composed of the states of Illinois, Indiana, Michigan, Minnesota,
New York, Ohio, and Wisconsin, the commonwealth of Pennsylvania,
and the provinces of Ontario and Quebec, Canada.
(w) (x)
"Index flow" means the
50% exceedance flow for the
lowest summer flow month of the flow regime, for the applicable
stream reach, as determined over the period of record or
extrapolated from analyses of the United States geological survey
flow gauges in Michigan. Beginning on October 1, 2008, index flow
shall be calculated as of that date.
(x) (y)
"Intrabasin transfer"
means a diversion of water from
the source watershed of a Great Lake prior to its use to the
watershed of another Great Lake.
(y) (z)
"Lake augmentation well"
means a water well used to
withdraw groundwater for the purpose of maintaining or raising
water levels of an inland lake or stream as defined in section
30101.
(z) (aa)
"Large quantity
withdrawal" means 1 or more
cumulative total withdrawals of over 100,000 gallons of water per
day average in any consecutive 30-day period that supply a common
distribution system.
(aa) (bb)
"Large river" means a
river with a drainage area of
300 or more square miles.
(bb) (cc)
"New or increased large
quantity withdrawal" means a
new water withdrawal of over 100,000 gallons of water per day
average in any consecutive 30-day period or an increase of over
100,000 gallons of water per day average in any consecutive 30-day
period beyond the baseline capacity of a withdrawal.
(cc) (dd)
"New or increased withdrawal
capacity" means new or
additional water withdrawal capacity to supply a common
distribution system that is an increase from the person's baseline
capacity. New or increased capacity does not include maintenance or
replacement of existing withdrawal capacity.
(dd) (ee)
"Online registration
process" means the online
registration process provided for in section 32706.
(ee) (ff)
"Preventative measure"
means an action affecting a
stream or river that prevents an adverse resource impact by
diminishing the effect of a withdrawal on stream or river flow or
the temperature regime of the stream or river.
(ff) (gg)
"Registrant" means a
person who has registered a
water withdrawal under section 32705.
(gg) (hh)
"River" means a flowing
body of water with a
drainage area of 80 or more square miles.
(hh) (ii)
"Site-specific review"
means the department's
independent review under section 32706c to determine whether the
withdrawal is a zone A, zone B, zone C, or zone D withdrawal and
whether a withdrawal is likely to cause an adverse resource impact.
(ii) (jj)
"Small river" means a
river with a drainage area of
less than 300 square miles.
(jj) (kk)
"Source watershed" means
the watershed from which a
withdrawal originates. If water is withdrawn directly from a Great
Lake, then the source watershed shall be considered to be the
watershed of that Great Lake and its connecting waterways. If water
is withdrawn from the watershed of a direct tributary to a Great
Lake, then the source watershed shall be considered to be the
watershed of that Great Lake and its connecting waterways, with a
preference for returning water to the watershed of the direct
tributary from which it was withdrawn.
(kk) (ll) "Stream"
means a flowing body of water with a
drainage area of less than 80 square miles.
(ll) (mm)
"Stream reach" means a
segment of a stream or river.
(mm) (nn)
"Thriving fish curve"
means a fish functional
response curve that describes the initial decline in density of
thriving fish populations in response to reductions in index flow
as published in the document entitled "Report to the Michigan
Legislature in response to 2006 Public Act 34" by the former
groundwater conservation advisory council dated July 2007, which is
incorporated by reference.
(nn) (oo)
"Thriving fish
population" means the fish species
that are expected to flourish at very high densities in stream
reaches having specific drainage area, index flow, and summer
temperature characteristics.
(oo) (pp)
"Warm river system" means
a stream or river that has
the appropriate summer water temperature that, based on statewide
averages, sustains a fish community composed predominantly of warm-
water fish species, as determined by a scientific methodology
adopted by order of the commission.
(pp) (qq)
"Waters of the Great Lakes
basin" means the Great
Lakes and all streams, rivers, lakes, connecting channels, and
other bodies of water, including groundwater, within the Great
Lakes basin.
(qq) (rr)
"Waters of the state"
means groundwater, lakes,
rivers, and streams and all other watercourses and waters,
including the Great Lakes, within the territorial boundaries of the
state. Waters of the state do not include drainage ways and ponds
designed and constructed solely for wastewater conveyance,
treatment, or control.
(rr) (ss)
"Withdrawal" means the
removal of water from surface
water or groundwater.
(ss) (tt)
"Zone A withdrawal" means
the following:
(i) For a cold river system, as follows:
(A) For a cold stream, less than a 1% reduction in the density
of thriving fish populations as determined by the thriving fish
curve.
(B) For a cold small river, less than 50% of the withdrawal
that would result in an adverse resource impact.
(ii) For a cold-transitional river system, there is not a zone
A withdrawal.
(iii) For a cool river system, as follows:
(A) For a cool stream, less than a 10% reduction in the
density of thriving fish populations as determined by the thriving
fish curve.
(B) For a cool small river, less than a 5% reduction in the
density of thriving fish populations as determined by the thriving
fish curve.
(C) For a cool large river, less than an 8% reduction in the
density of thriving fish populations as determined by the thriving
fish curve.
(iv) For a warm river system, less than a 10% reduction in the
density of thriving fish populations as determined by the thriving
fish curve.
(tt) (uu)
"Zone B withdrawal" means
the following:
(i) There is not a zone B withdrawal for a cold stream or small
river.
(ii) For a cold-transitional river system, less than a 5%
reduction in the density of thriving fish populations as determined
by the thriving fish curve.
(iii) For a cool river system, as follows:
(A) For a cool stream, a 10% or more but less than a 20%
reduction in the density of thriving fish populations as determined
by the thriving fish curve.
(B) For a cool small river, a 5% or more but less than a 10%
reduction in the density of thriving fish populations as determined
by the thriving fish curve.
(C) For a cool large river, an 8% or more but less than a 10%
reduction in the density of thriving fish populations as determined
by the thriving fish curve.
(iv) For a warm river system, as follows:
(A) For a warm stream, a 10% or more but less than a 15%
reduction in the density of thriving fish populations as determined
by the thriving fish curve.
(B) For a warm small river or a warm large river, a 10% or
more but less than a 20% reduction in the density of thriving fish
populations as determined by the thriving fish curve.
(uu) (vv)
"Zone C withdrawal" means
the following as long as
the withdrawal will not decrease the flow of a stream or river by
more than 25% of its index flow:
(i) For a cold river system, as follows:
(A) For a cold stream, a 1% or more but less than a 3%
reduction in the density of thriving fish populations as determined
by the thriving fish curve.
(B) For a cold small river, 50% or more of the withdrawal that
would result in an adverse resource impact but less than a 1%
reduction in the density of thriving fish populations as determined
by the thriving fish curve.
(ii) There is not a zone C withdrawal for a cold-transitional
river system.
(iii) For a cool river system, as follows:
(A) For a cool stream, a 20% or more reduction in the density
of thriving fish populations as determined by the thriving fish
curve but less than a 10% reduction in the abundance of
characteristic fish populations as determined by the characteristic
fish curve.
(B) For cool small rivers, a 10% or more but less than a 15%
reduction in the density of thriving fish populations as determined
by the thriving fish curve.
(C) For cool large rivers, a 10% or more but less than a 12%
reduction in the density of thriving fish populations as determined
by the thriving fish curve.
(iv) For warm river systems, as follows:
(A) For warm streams, a 15% or more reduction in the density
of thriving fish populations as determined by the thriving fish
curve but less than a 5% reduction in the abundance of
characteristic fish populations as determined by the characteristic
fish curve.
(B) For warm small rivers and warm large rivers, a 20% or more
reduction in the density of thriving fish populations as determined
by the thriving fish curve but less than a 10% reduction in the
abundance of characteristic fish populations as determined by the
characteristic fish curve.
(vv) (ww)
"Zone D withdrawal"
means, beginning February 1,
2009, a withdrawal that is likely to cause an adverse resource
impact.
(2) For purposes of determining baseline capacity, a person
who replaces his or her surface water withdrawal capacity with the
same amount of groundwater withdrawal capacity from the drainage
area of the same stream reach may retain the baseline capacity
established under this section.
Sec. 32801. As used in this part:
(a) "Annex 2001" means the Great Lakes charter annex signed by
the governors and premiers of the Great Lakes region on June 18,
2001.
(b) "Aquifer" means any water bearing bed or stratum of earth
or rock capable of yielding groundwater to a water well in
sufficient quantities that can be withdrawn.
(c) "Base flow" means groundwater discharge to rivers and
streams.
(d) "Conflict areas" means an aquifer or a portion of an
aquifer in which the department has determined that there is
reasonable, scientifically based evidence of a pattern of
groundwater withdrawal conflicts or a single extended groundwater
withdrawal conflict.
(e) "Council" means the water resources conservation advisory
council created under section 32803.
(f)
"Department" means the department of environmental
quality.
(g)
"Director" means the director of the department.
(f) (h)
"Groundwater" means water
below the land surface in a
zone of saturation.
(g) (i)
"Groundwater withdrawal
conflict" means the failure of
an existing water well that was constructed in compliance with part
127 of the public health code, 1978 PA 368, MCL 333.12701 to
333.12771, to furnish its normal supply of groundwater because of a
progressive decline of the static water level within the aquifer
due to the withdrawal of groundwater from the aquifer by a high-
capacity well or sump, as determined based on reasonable,
scientifically based evidence.
(h) (j)
"Static water level"
means the distance between the
ground surface and the water level within a well that is not being
pumped.
Sec. 32803. (1) The water resources conservation advisory
council
is created within the department. of natural resources. The
council shall consist of all of the following members:
(a) Four individuals appointed by the senate majority leader
as follows:
(i) One individual representing business and manufacturing
interests.
(ii) One individual representing public utilities.
(iii) One individual representing a statewide angler
association.
(iv) One individual representing a statewide agricultural
organization.
(b) Four individuals appointed by the speaker of the house of
representatives as follows:
(i) One individual representing registered well drilling
contractors with hydrology experience.
(ii) One individual representing local units of government.
(iii) One individual representing agricultural interests.
(iv) One individual with knowledge and expertise in limnology.
(c) Five individuals appointed by the governor as follows:
(i) One individual representing municipal water suppliers.
(ii) One individual representing a statewide conservation
organization.
(iii) One individual representing a statewide riparian
landowners association.
(iv) One individual representing a statewide tourism
organization.
(v) One individual representing Indian tribes.
(d) Four individuals appointed by the director as follows:
(i) One individual representing nonagriculture irrigators.
(ii) One individual representing the aggregate industry.
(iii) One individual representing environmental organizations.
(iv) One individual representing the general public.
(e)
Four Three individuals representing the department, the
department
of agriculture, the department of natural resources, and
the attorney general.
(2) The appointments to the council under subsection (1) shall
be
made not later than 30 days after the effective date of the
amendatory
act that added this subsection August
7, 2008. The
person making the appointment under subsection (1) shall give
consideration and deference to individuals who served on the former
groundwater conservation advisory council.
(3) The council shall appoint a technical advisory committee
of individuals with specific technical and legal expertise relevant
to the council's responsibilities.
(4) The council shall do all of the following:
(a)
Not later than 6 months after the effective date of the
amendatory
act that added this subdivision January
9, 2009, study
and make recommendations to the senate majority leader, the speaker
of the house of representatives, and the standing committees of the
legislature with jurisdiction primarily related to natural
resources and the environment, and the department on how the
assessment tool could be updated to reconcile differences between
baseline capacity and actual withdrawal amounts to assure the
accuracy of the assessment tool's determinations.
(b) When the department makes the assessment tool available
for testing and evaluation, conduct testing and evaluate the
operation and the accuracy of the assessment tool, including
implications
of section 32706e. Not later than 9 months after the
effective
date of the amendatory act that added this subdivision
April 9, 2009, submit a report to the senate majority leader, the
speaker of the house of representatives, and the standing
committees of the legislature with jurisdiction primarily related
to natural resources and the environment, and the department that
contains the results of its testing and evaluation and any
recommendations that the council has to improve the operation of
the assessment tool.
(c) Study and make recommendations regarding the development
and refinement of the assessment tool.
(d) Study and make recommendations on whether and how the
definition of adverse resource impact in section 32701 should be
modified to more specifically address potential impacts to the
Great Lakes, inland lakes, and other aquatic systems due to large
quantity withdrawals.
(e) Make recommendations on reconciling conflicts in state
laws related to the use of the waters of the state.
(f) Make recommendations on the development and implementation
of the state's water conservation and efficiency program under
section 4.2 of the compact.
(g) Develop a framework for evaluating preventative measures
designed to prevent adverse resource impacts.
(h) In consultation with academic institutions and other
nonprofit organizations, make recommendations regarding educational
materials related to the use and availability of water resources.
(i)
Not earlier than 3 years after the effective date of the
amendatory
act that added this subdivision July
9, 2011, submit a
report to the senate majority leader, the speaker of the house of
representatives, and the standing committees of the legislature
with jurisdiction primarily related to natural resources and the
environment that makes recommendations regarding how the water
withdrawal assessment process under part 327 could be improved in
order to more accurately assess adverse resource impacts. The
report shall contain specific recommendations on the use of the
assessment tool, the site-specific review process, the permitting
process, and any other measure that the council determines would
improve the water withdrawal assessment process.
(5) The council shall submit the following reports, approved
by a majority of the voting members of the council, to the senate
majority leader, the speaker of the house of representatives, and
the standing committees of the legislature with jurisdiction
primarily related to natural resources and the environment and to
the department:
(a) Not later than February 8, 2009, a progress report on the
council's findings and recommendations under subsection (4)(c) to
(h) as of that date.
(b) Not later than August 8, 2009, the council's final report
on its findings and recommendations under subsection (4)(c) to (h).
(6) As used in this section, "assessment tool" means the water
withdrawal assessment tool provided for in part 327.
Sec. 33911. (1) Upon application of a person that holds a
lease from this state of any portion or portions of the real
property described in this part, the department may execute and
deliver to the applicant a deed conveying all of the right, title,
and interest of this state in and to that real property, subject to
the paramount rights of hunting, fishing, and navigation, which
remain in the general public and in the government as recognized by
law. The deeds shall contain the same provisions as to use and
occupancy now set forth in all the leases previously granted under
former 1913 PA 326 or under this part. The department shall not
grant a deed under this part unless the lessee of the subject
property agrees to cancel the lease and relinquishes all rights
under the lease.
(2) The department shall not grant a deed under this part for
a lot that contains a structure unless the structure and the lot
subject to the deed, including seawalls where present, comply with
the applicable township building code and county and state
sanitation codes and part 325, and the structure is located on a
parcel of land that is adequately protected from erosion.
(3) A deed granted under this part shall not include a portion
of the original lease that is submerged or lies below the elevation
of 575.3 International Great Lakes Datum (IGLD 1985). The
department
of environmental quality shall perform a site inspection
and set stakes, if necessary, to identify the boundaries of the
area of the leased lot to be deeded. The applicant shall provide a
boundary survey, completed by a professional surveyor, that
delineates the area of the real property to be deeded. The state
shall retain proprietary ownership in trust over the portion of the
leased lot below the ordinary high-water mark of Lake St. Clair at
the time of the conveyance.
(4) A deed shall not be granted under this part at less than
the estimated land value of the real property as determined by the
township in which the real property is located. Appraisal
procedures and practices may include utilizing independent fee
appraisal contractors. The appraisal shall not include improvements
such as buildings, seawalls, and docks. Credit shall not be granted
to the lessee for the years remaining on an unexpired lease when
determining the sale value to the state. The applicant shall remit
the full consideration within 1 year after being notified in
writing of the selling price by the department. If the applicant
does not remit the full consideration for the deed within 1 year,
the department shall close the file and a new application must be
submitted.
(5) If the applicant is not satisfied with the fair market
value determined by the department under subsection (4), the
applicant, within 30 days after receiving the determination, may
submit a petition in writing to the circuit court in the thirty-
first judicial circuit, and the court shall appoint an appraiser or
appraisers from the department's approved listing to conduct an
appraisal of the parcel. The decision of the court is final. The
applicant shall pay all costs associated with this additional
appraisal.
(6) A request for a deed shall be on a form provided by the
department
of environmental quality and shall be accompanied by an
application fee of $500.00.
Sec. 33924. As used in this part:
(a)
"Department" means the department of natural resources
unless
expressly indicated otherwise.
(a) (b)
"Possession",
"occupancy", and "improvement" include
dredging or ditching, the throwing up of embankments, sheetpiling,
filling in, the erection of fences, a boathouse, land made by
dredging and filling, or building structures.
(b) (c)
"Person" means an
individual, partnership,
corporation, association, or other nongovernmental legal entity.
(c) (d)
"Well maintained" means
that any structure on the land
complies with township building codes and current county and state
sanitation codes and part 325 and that the land is adequately
protected from erosion.
Sec. 33929. (1) Each sale or transfer of a lease shall contain
a specific statement of the purpose for which the property leased
is to be used by the purchaser or assignee. A sale or transfer of a
lease for other than club or residence purposes is not valid unless
and
until the sale or transfer is approved by the department. of
environmental
quality.
(2) Before selling or transferring a property that is subject
to a lease under this part, the parties involved shall apply to the
department
of environmental quality for approval of the transfer of
the lease to the purchaser. The application shall be made on a form
provided
by the department of environmental quality and shall be
accompanied by a fee of $250.00. Upon approval by the department,
of
environmental quality, an
assignment of lease form shall be
recorded with the county register of deeds.
Sec. 35301. As used in this part:
(a) "Contour change" includes any grading, filling, digging,
or excavating that significantly alters the physical characteristic
of a critical dune area, except that which is involved in sand dune
mining as defined in part 637.
(b) "Crest" means the line at which the first lakeward facing
slope of a critical dune ridge breaks to a slope of less than 1-
foot vertical rise in a 5-1/2-foot horizontal plane for a distance
of at least 20 feet, if the areal extent where this break occurs is
greater than 1/10 acre in size.
(c) "Critical dune area" means a geographic area designated in
the "atlas of critical dune areas" dated February 1989 that was
prepared by the department.
(d)
"Department" means the department of environmental
quality.
(d) (e)
"Foredune" means 1 or
more low linear dune ridges that
are parallel and adjacent to the shoreline of a Great Lake and are
rarely greater than 20 feet in height. The lakeward face of a
foredune is often gently sloping and may be vegetated with dune
grasses and low shrub vegetation or may have an exposed sand face.
(e) (f)
"Model zoning plan" means
the model zoning plan
provided for in sections 35312 to 35324.
(f) (g)
"Planning commission"
means the body or entity within
a local government that is responsible for zoning and land use
planning for the local unit of government.
(g) (h)
"Restabilization" means
restoration of the natural
contours of a critical dune to the extent practicable, and the
restoration of the protective vegetative cover of a critical dune
through the establishment of indigenous vegetation, and the
placement of snow fencing or other temporary sand trapping measures
for the purpose of preventing erosion, drifting, and slumping of
sand.
(h) (i)
"Special use project"
means any of the following:
(i) A proposed use in a critical dune area for an industrial or
commercial purpose regardless of the size of the site.
(ii) A multifamily use of more than 3 acres.
(iii) A multifamily use of 3 acres or less if the density of use
is greater than 4 individual residences per acre.
(iv) A proposed use in a critical dune area, regardless of size
of the use, that the planning commission, or the department if a
local unit of government does not have an approved zoning
ordinance, determines would damage or destroy features of
archaeological or historical significance.
(i) (j)
"Use" means a
developmental, silvicultural, or
recreational activity done or caused to be done by a person that
significantly alters the physical characteristic of a critical dune
area or a contour change done or caused to be done by a person. Use
does not include sand dune mining as defined in part 637.
(j) (k)
"Zoning ordinance" means
an ordinance of a local unit
of government that regulates the development of critical dune areas
within the local unit of government pursuant to the requirements of
this part.
Sec. 40107c. (1) To reduce cormorant damage, the department
shall administer a program to control and manage double-crested
cormorants. The department shall administer the program in
cooperation with federal agencies and in a manner that complies
with the cormorant depredation order.
(2)
In consultation with the department of environmental
quality,
the The department shall participate in a federally
recognized organization of states, such as the Mississippi flyway
council, to coordinate a regional effort to reduce cormorant damage
that includes urging the federal government to do both of the
following:
(a) Expand state options for double-crested cormorant control
by revising the cormorant depredation order.
(b) Seek to amend the migratory bird convention with Mexico to
designate the double-crested cormorant as a game species.
(3) The department shall seek funding from the Great Lakes
protection fund authorized under part 331 for deposit in the
cormorant control fund created in section 40107d.
Sec. 41303. (1) Subject to subsection (2), a person shall not
knowingly possess a live organism if the organism is a prohibited
species or restricted species, except under 1 or more of the
following circumstances:
(a) The person intends to present a specimen of the prohibited
species or restricted species, for identification or similar
purposes, to a person who is a certified applicator or registered
applicator under part 83, to a public or private institution of
higher
education, or to the department, of natural resources, the
department of agriculture, or any other state, local, or federal
agency with responsibility for the environment, natural resources,
or agriculture.
(b) The person has been presented with a specimen of a
prohibited species or restricted species for identification or
similar purposes under subdivision (a).
(c) The person possesses the prohibited species or restricted
species in conjunction with otherwise lawful activity to eradicate
or control the prohibited species or restricted species.
(d) If the prohibited species or restricted species is not an
insect or plant species, the possession is pursuant to a permit
issued
for education or research purposes by the department of
natural
resources under section 41306. If
the prohibited species or
restricted species is an insect or plant species, the possession is
pursuant to a permit issued for education or research purposes by
the department of agriculture under section 41306 or by the United
States department of agriculture.
(2) A person described in subsection (1)(b) or (c) shall
notify
the department of natural resources, or the department of
agriculture ,
or the department of environmental quality if the
prohibited species or restricted species was found at a location
where it was not previously known to be present.
Sec. 61501. Unless the context requires a different meaning,
the words defined in this section have the following meanings when
used in this part:
(a)
"Department" means the department of environmental
quality.
(a) (b)
"Field" means an
underground reservoir or reservoirs
containing oil or gas, or both. Field also includes the same
general surface area that is underlaid or appears to be underlaid
by at least 1 pool. Field and pool have the same meaning if only 1
underground reservoir is involved. However, field, unlike pool, may
relate to 2 or more pools.
(b) (c)
"Fund" means the oil and
gas regulatory fund created
in section 61525b.
(c) (d)
"Gas" means a mixture of
hydrocarbons and varying
quantities of nonhydrocarbons in a gaseous state which may or may
not be associated with oil, and includes those liquids resulting
from condensation.
(d) (e)
"Illegal container" means
a receptacle that contains
illegal oil or gas or illegal products.
(e) (f)
"Illegal conveyance"
means a conveyance by or through
which illegal oil or gas or illegal products are being transported.
(f) (g)
"Illegal oil or gas"
means oil or gas that has been
produced by an owner or producer in violation of this part, a rule
promulgated under this part, or an order of the supervisor issued
under this part.
(g) (h)
"Illegal product" means a
product of oil or gas or any
part of a product of oil or gas that was knowingly processed or
derived in whole or in part from illegal oil or gas.
(h) (i)
"Market demand" means the
actual demand for oil or gas
from any particular pool or field for current requirements for
current consumption and use within or outside the state, together
with the demand for such amounts as are necessary for building up
or maintaining reasonable storage reserves of oil or gas or the
products of oil or gas.
(i) (j)
"Oil" means natural crude
oil or petroleum and other
hydrocarbons, regardless of gravity, that are produced at the well
in liquid form by ordinary production methods and that are not the
result of condensation of gas after it leaves the underground
reservoir.
(j) (k)
"Owner" means the person
who has the right to drill a
well into a pool, to produce from a pool, and to receive and
distribute the value of the production from the pool for himself or
herself either individually or in combination with others.
(k) (l) "Pool"
means an underground reservoir containing a
common accumulation of oil or gas, or both. Pool includes a
productive zone of a general structure that is completely separated
from any other zone in the structure, or is declared to be a pool
by the supervisor of wells.
(l) (m)
"Producer" means the
operator, whether owner or not, of
a well or wells capable of producing oil or gas or both in paying
quantities.
(m) (n)
"Product" means any
commodity or thing made or
manufactured from oil or gas, and all derivatives of oil or gas,
including refined crude oil, crude tops, topped crude, processed
crude petroleum, residue treated crude oil, residuum, gas oil,
naphtha, distillate, gasoline, casing-head gasoline, natural gas
gasoline, kerosene, benzine, wash oil, waste oil, lubricating oil,
and blends or mixtures of oil or gas or any derivatives of oil or
gas whether enumerated or not.
(n) (o)
"Supervisor" or
"supervisor of wells" means the
department.
(o) (p)
"Tender" means a permit
or certificate of clearance,
approved and issued or registered under the authority of the
supervisor, for the transportation of oil or gas or products.
(p) (q)
"Waste" in addition to
its ordinary meaning includes
all of the following:
(i) "Underground waste", as those words are generally
understood in the oil business, and including all of the following:
(A) The inefficient, excessive, or improper use or dissipation
of the reservoir energy, including gas energy and water drive, of
any pool, and the locating, spacing, drilling, equipping,
operating, or producing of a well or wells in a manner to reduce or
tend to reduce the total quantity of oil or gas ultimately
recoverable from any pool.
(B) Unreasonable damage to underground fresh or mineral
waters, natural brines, or other mineral deposits from operations
for the discovery, development, and production and handling of oil
or gas.
(ii) "Surface waste", as those words are generally understood
in the oil business, and including all of the following:
(A) The unnecessary or excessive surface loss or destruction
without beneficial use, however caused, of gas, oil, or other
product, but including the loss or destruction, without beneficial
use, resulting from evaporation, seepage, leakage, or fire,
especially a loss or destruction incident to or resulting from the
manner of spacing, equipping, operating, or producing a well or
wells, or incident to or resulting from inefficient storage or
handling of oil.
(B) The unnecessary damage to or destruction of the surface;
soils; animal, fish, or aquatic life; property; or other
environmental values from or by oil and gas operations.
(C) The unnecessary endangerment of public health, safety, or
welfare from or by oil and gas operations.
(D) The drilling of unnecessary wells.
(iii) "Market waste", which includes the production of oil or
gas in any field or pool in excess of the market demand as defined
in this part.
Sec. 62501. As used in this part:
(a) "Artificial brine" means mineralized water formed by
dissolving rock salt or other readily soluble rocks or minerals.
(b) "Brine well" means a well drilled or converted for the
purpose of producing natural or artificial brine.
(c)
"Department" means the department of environmental
quality.
(c) (d)
"Disposal well" means a
well drilled or converted for
subsurface disposal of waste products or processed brine and its
related surface facilities.
(d) (e)
"Exploratory purposes"
means test well drilling for
the specific purpose of discovering or outlining an orebody or
mineable mineral resource.
(e) (f)
"Fund" means the mineral
well regulatory fund created
in section 62509b.
(f) (g)
"Mineral well" means any
well subject to this part.
(g) (h)
"Natural brine" means
naturally occurring mineralized
water other than potable or fresh water.
(h) (i)
"Operator" means the
person, whether owner or not,
supervising or responsible for the drilling, operating, repairing,
abandoning, or plugging of wells subject to this part.
(i) (j)
"Owner" means the person
who has the right to drill,
convert, or operate any well subject to this part.
(j) (k)
"Pollution" means damage
or injury from the loss,
escape, or unapproved disposal of any substance at any well subject
to this part.
(k) (l) "Storage
well" means a well drilled into a subsurface
formation to develop an underground storage cavity for subsequent
use in storage operations. Storage well does not include a storage
well drilled pursuant to part 615.
(l) (m)
"Supervisor of mineral wells"
means the state
geologist.
(m) (n)
"Surface waste" means
damage to, injury to, or
destruction of surface waters, soils, animal, fish, and aquatic
life, or surface property from unnecessary seepage or loss
incidental to or resulting from drilling, equipping, or operating a
well or wells subject to this part.
(n) (o)
"Test well" means a well,
core hole, core test,
observation well, or other well drilled from the surface to
determine the presence of a mineral, mineral resource, ore, or rock
unit, or to obtain geological or geophysical information or other
subsurface data related to mineral exploration and extraction. Test
well does not include holes drilled in the operation of a quarry,
open pit, or underground mine, or any wells not related to mineral
exploration or extraction.
(o) (p)
"Underground storage
cavity" means a cavity formed by
dissolving rock salt or other readily soluble rock or mineral, by
nuclear explosion, or by any other method for the purpose of
storage or disposal.
(p) (q)
"Underground waste" means
damage or injury to potable
water, mineralized water, or other subsurface resources.
(q) (r)
"Waste product" means
waste or by-product resulting
from municipal or industrial operations or waste from any trade,
manufacture, business, or private pursuit that could cause
pollution and for which underground disposal may be feasible or
practical.
Sec. 63101. As used in this part:
(a) "Administratively complete" means an application for a
mining permit under this part that is determined by the department
to satisfy all of the conditions of this part and rules promulgated
under this part.
(b)
"Department" means the department of environmental
quality.
(b) (c)
"Life of the mine" means
the period of time from
issuance of a permit under this part through the completion of
reclamation as required by this part.
(c) (d)
"Metallic mineral" means ferrous
ore or material mined
for its ferrous content.
(d) (e)
"Metallic mineral
operator" means a person who owns or
leases the plant and equipment utilized in a metallic mineral
mining area and is engaged in the business of mining metallic
minerals or preparing to engage in mining operations for metallic
minerals.
(e) (f)
"Metallic product" means
a commercially salable
metallic mineral in its final marketable form or state.
(f) (g)
"Mineral" means any
substance to be excavated from the
natural deposits on or in the earth for commercial, industrial, or
construction purposes, including gypsum, limestone, dolostone,
sandstone, shale, metallic mineral, or other solid materials.
However, mineral does not include clay, gravel, marl, peat, inland
sand or sand mined for commercial or industrial purposes, from sand
dune areas regulated under part 637, coal regulated under part 635,
or nonferrous metallic mineral regulated under part 632.
(g) (h)
"Mining area" or
"area subjected to mining" means an
area of land from which material is removed in connection with the
production or extraction of minerals by surface or open pit mining
methods, the lands on which material from that mining is deposited,
the lands on which beneficiating or treatment plants and auxiliary
facilities are located, the lands on which the water reservoirs
used in the mining process are located, and auxiliary lands which
are used.
(h) (i)
"Operator" means a
metallic mineral operator or other
persons engaged in or preparing to engage in mining operations for
the production of mineral products.
(i) (j)
"Stockpile" means
material, including, but not limited
to, surface overburden, rock, or lean ore, which in the process of
mineral mining and beneficiation or treatment has been removed from
the earth and stored on the surface, but excluding materials that
are being treated in the production of mineral products and the
mineral product that has been produced by that operation.
(j) (k)
"Supervisor of
reclamation" means the state geologist.
(k) (l) "Surface
or open pit mining" means the mining of more
than 10,000 tons of a mineral or disturbing more than 1 acre of
land a year in the regular operation of a business by removing the
overburden lying above a natural deposit of a mineral and mining
directly from the natural deposit exposed or by mining directly
from a deposit lying exposed in the mineral's natural state.
Surface or open pit mining includes all mineral mining below the
water table or which will upon cessation of mining result in
creating a body of water of any size. Surface or open pit mining
does not include excavation or grading preliminary to a
construction project.
(l) (m)
"Tailings basin" means
land on which is deposited, by
hydraulic or other means, the material that is separated from the
mineral product in the beneficiation or treatment of minerals
including any surrounding dikes constructed to contain the
material.
Sec. 63201. As used in this part:
(a) "Administratively complete" means an application for a
mining permit under this part that is determined by the department
to contain all of the documents and information required under this
part and any rules promulgated under this part.
(b) "Affected area" means an area outside of the mining area
where the land surface, surface water, groundwater, or air
resources are determined through an environmental impact assessment
to be potentially affected by mining operations within the proposed
mining area.
(c)
"Department" means the department of environmental
quality.
(c) (d)
"Emergency management
coordinator" means that term as
defined in section 2 of the emergency management act, 1976 PA 390,
MCL 30.402.
(d) (e)
"Fund" means the
nonferrous metallic mineral
surveillance fund created in section 63217.
(e) (f)
"Metallic product" means
a commercially salable
mineral produced primarily for its nonferrous metallic mineral
content in its final marketable form or state.
(f) (g)
"Mining" means the
excavation or removal of more than
10,000 tons of earth material a year or disturbing more than 1 acre
of land a year in the regular operation of a business for the
purpose of extracting a nonferrous metallic mineral or minerals by
1 or both of the following:
(i) Removing the overburden lying above natural deposits of a
mineral and excavating directly from the natural deposits thus
exposed or by excavating directly from deposits lying exposed in
their natural state.
(ii) Excavating from below the surface of the ground by means
of shafts, tunnels, or other subsurface openings.
(g) (h)
"Mining area" means an
area of land from which earth
material is removed in connection with nonferrous metallic mineral
mining, the lands on which material from that mining is stored or
deposited, the lands on which beneficiating or treatment plants and
auxiliary facilities are located, the lands on which the water
reservoirs used in the nonferrous metallic mineral mining process
are located, and auxiliary lands that are used in connection with
the mining.
(h) (i)
"Mining permit" means a
permit issued under this part
for conducting nonferrous metallic mineral mining and reclamation
operations.
(i) (j)
"Nonferrous metallic
mineral" means any ore or
material to be excavated from the natural deposits on or in the
earth for its metallic content, but not primarily for its iron or
iron mineral content, to be used for commercial or industrial
purposes.
(j) (k)
"Nonferrous metallic mineral
operator" or "operator"
means a permittee or other person who is engaged in, or who is
preparing to engage in, mining operations for nonferrous metallic
minerals, whether individually or jointly, or through agents,
employees, or contractors.
(k) (l) "Permittee"
means a person who holds a mining permit.
(l) (m)
"Postclosure monitoring
period" means a period
following closure of a nonferrous metallic mineral mine during
which the permittee is required to conduct monitoring of
groundwater and surface water.
(m) (n)
"Stockpile" means
material, including, but not limited
to, surface overburden, rock, or lean ore, that in the process of
mining and beneficiation or treatment has been removed from the
earth and stored on the surface. Stockpile does not include
materials that are being treated in the production of metallic
products and the metallic product that has been produced by that
operation.
(n) (o)
"Tailings basin" means
land on which is deposited, by
hydraulic or other means, the material that is separated from the
metallic product in the beneficiation or treatment of minerals
including any surrounding dikes constructed to contain the
material.
Sec. 63502. (1) "Agricultural land" includes any of the
following
as determined by the department of natural resources
under part 609:
(a) Prime farmland is land that has the best combination of
physical and chemical characteristics for producing food, feed,
forage, and fiber crops and is also available for these uses,
including cropland, pastureland, rangeland, forestland, or other
land, but not urban built-up land or water. Prime farmland has the
soil quality, growing season, and moisture supply needed to
economically produce sustained high yields of crops when treated
and managed, including water management, according to acceptable
farming methods. In general, prime farmland has an adequate and
dependable water supply from precipitation or irrigation, a
favorable temperature and growing season, acceptable acidity or
alkalinity, acceptable salt and sodium content, and few or no
rocks. Prime farmland is permeable to water and air. Prime farmland
is not excessively erodible or saturated with water for a long
period of time, and it either does not flood frequently or is
protected from flooding.
(b) Unique farmland is land other than prime farmland that is
used for the production of specific high-value food and fiber
crops. Unique farmland has the special combination of soil quality,
location, growing season, and moisture supply needed to
economically produce sustained high quality or high yields or both
high quality and high yields of a specific crop when treated and
managed according to acceptable farming methods. Areas that can be
classified as unique farmland include organic soils producing
vegetables and specialty crops; high-lying and relatively frost-
free fruit sites; and areas of high water table acid soils
especially suited to highbush blueberry culture as well as the
small areas in the Upper Peninsula copper country that are
producing strawberries.
(c) Other farmland is land in addition to prime farmland and
unique farmland that has a combination of soils, location, and
management characteristics which is producing or can produce in or
for a region food, feed, forage, and fiber crops and is land on
which agriculture represents the greatest current economic return
from the land. Other farmland includes beef cow-calf operations
that occur on generally fine-textured, somewhat poorly drained
soils well-suited to forage production and grazing. Cropland areas
that by their location are especially suited for the production of
disease-free seed crops or that offer special opportunities for
integrated best management programs could also be considered other
farmland. The determination of whether agricultural land is prime
farmland, unique farmland, or other farmland shall be made by the
department of natural resources under part 609 or this part, with
the concurrence of the department of agriculture and the United
States department of agriculture.
(2) "Applicant" means a person applying for a permit from the
department to conduct surface coal mining activities or underground
coal mining activities pursuant to this part.
(3) "Approximate original contour" means that surface
configuration achieved by the backfilling and grading of the mined
area so that the reclaimed area, including any terracing or access
roads, closely resembles the general surface configuration of the
land prior to mining and blends into and complements the drainage
pattern of the surrounding terrain, with all highwalls and spoil
piles eliminated.
(4) "Coal" means all forms of coal including lignite. Coal
does not include clay, stone, sand, gravel, metalliferous and
nonmetalliferous ores, and any other solid material or substance of
commercial value excavated in solid form from natural deposits on
or in the earth, exclusive of coal, and those minerals that occur
naturally in liquid or gaseous form.
(5) "Coal exploration operation" means the substantial
disturbance of the surface or subsurface for the purpose of or
related to determining the location, quantity, or quality of a coal
deposit.
(6)
"Department" means the department of environmental
quality.
(6) (7)
"Eligible land and water"
means all land that was
mined for coal or was affected by that mining, wastebanks, coal
processing, or other coal mining processing, and abandoned or left
in an inadequate reclamation status under the standards provided in
subparts 3 and 4 prior to August 3, 1977, and for which there is
not a continuing reclamation responsibility under state or federal
law.
(7) (8)
"Historic resource" means
a district, site, building,
structure, or object of historical, architectural, archeological,
or cultural significance that meets any of the following
requirements:
(a) Is designated as a national historic landmark pursuant to
the historic sites, buildings, and antiquities act, chapter 593, 49
Stat.
666, 16 U.S.C. USC 461 to 467.
(b) Is listed on the national register of historic places
pursuant to the national historic preservation act, Public Law 89-
665,
16 U.S.C. USC 470 to 470a, 470b, and 470c to 470x-6; or the
state
register of historic sites Michigan
historical marker's act
pursuant
to 1955 PA 10, MCL 399.151 to 399.152 399.160.
(c) Is recognized under a locally established historic
district created pursuant to the local historic districts act, 1970
PA 169, MCL 399.201 to 399.215.
(d) Is eligible for listing, designation, or recognition under
subdivisions (a) to (c).
(8) (9)
"Imminent danger to the health
and safety of the
public" means the existence of any condition or practice, or any
violation of a permit or other requirement of this part in a
surface coal mining and reclamation operation, which condition,
practice, or violation could reasonably be expected to cause
substantial physical harm to persons outside the permit area before
the condition, practice, or violation can be abated. A reasonable
expectation of death or serious injury before abatement exists if a
reasonable person, subjected to the same conditions or practices
giving rise to the peril, would not expose himself or herself to
the danger during the time necessary for abatement.
(9) (10)
"Local unit of
government" means a county, city,
township, or village; a board, commission, or authority of a
county, city, township, or village; or a soil conservation
district.
(10) (11)
"Operator" means a person
engaged in coal mining who
removes or intends to remove more than 250 tons of coal from the
earth by coal mining within 12 consecutive calendar months in any 1
location.
Sec.
76111. (1) Subject to subsection (7), the department of
environmental
quality shall establish Great Lakes
bottomlands
preserves by rule. A Great Lakes bottomlands preserve shall be
established by emergency rule if it is determined by the department
that this action is necessary to immediately protect an object or
area of historical or recreational value.
(2) A Great Lakes bottomlands preserve may be established
whenever a bottomlands area includes a single watercraft of
significant historical value, includes 2 or more abandoned
watercraft, or contains other features of archaeological,
historical, recreational, geological, or environmental
significance. Bottomlands areas containing few or no watercraft or
other features directly related to the character of a preserve may
be excluded from preserves.
(3) In establishing a Great Lakes bottomlands preserve, the
department
of environmental quality shall consider all of the
following factors:
(a) Whether creating the preserve is necessary to protect
either abandoned property possessing historical or recreational
value, or significant underwater geological or environmental
features.
(b) The extent of local public and private support for
creation of the preserve.
(c) Whether a preserve development plan has been prepared by a
state or local agency.
(d) The extent to which preserve support facilities such as
roads, marinas, charter services, hotels, medical hyperbaric
facilities, and rescue agencies have been developed in or are
planned for the area.
(4)
The department of environmental quality and the department
of
history, arts, and libraries or
any other state agency shall not
grant a permit to recover abandoned artifacts within a Great Lakes
bottomlands preserve except for historical or scientific purposes
or when the recovery will not adversely affect the historical,
cultural, or recreational integrity of the preserve area as a
whole.
(5) An individual Great Lakes bottomlands preserve shall not
exceed 400 square miles in area. Great Lakes bottomlands preserves
shall be limited in total area to not more than 10% of the Great
Lakes bottomlands within this state. However, the limitations
provided in this subsection do not apply to the Thunder Bay Great
Lakes bottomland preserve established in subsection (7).
(6) Upon the approval of the committee, not more than 1 vessel
associated with Great Lakes maritime history may be sunk
intentionally within a Great Lakes bottomlands preserve. However,
state money shall not be expended to purchase, transport, or sink
the vessel.
(7) The Thunder Bay Great Lakes state bottomland preserve
established under R 299.6001 of the Michigan administrative code
shall
have boundaries identical with those described in 15 C.F.R.
CFR 922.190 for the Thunder Bay national marine sanctuary and
underwater preserve. As long as the Thunder Bay national marine
sanctuary and underwater preserve remains a designated national
marine sanctuary, the right and privilege to explore, survey,
excavate, and regulate abandoned property of historical or
recreational value found upon or within the lands owned by or under
control of the state within those boundaries shall be jointly
managed
and regulated by the department of environmental quality
and the national oceanic and atmospheric administration. However,
this subsection shall not be construed to convey any ownership
right or interest from the state to the federal government of
abandoned property of historical or recreational value found upon
or within the lands owned by or under control of the state.
Sec. 79501. As used in this part:
(a)
"Commission" means the Michigan jobs commission.
(b)
"Department" means the department of environmental
quality.
(a) (c)
"Gaming facility" means a
gaming facility regulated
under
the Michigan gaming control and revenue act, the initiated
law
of 1996 IL 1,
MCL 432.201 to 432.226.
(b) (d)
"Grant" means a
waterfront redevelopment grant under
this part.
(c) (e)
"Response activity" means
that term as it is defined
in part 201.
(d) (f)
"Waterfront" means land
that is contiguous to the
Great Lakes or their connecting waterways, a river, or a lake or
impoundment that has a surface area of not less than 50 acres.
(e) (g)
"Waterfront planning
area" means the geographic area
included within a waterfront redevelopment plan.
(f) (h)
"Waterfront redevelopment
plan" means a waterfront
redevelopment plan prepared by a local unit of government under
section 79503 or a state approved recreation plan that includes
waterfront improvements.
Sec. 79504. A local unit of government that wishes to be
considered for a grant shall submit a written grant application to
the department in a manner prescribed by the department and
containing the information required by the department. The grant
application shall also include all of the following:
(a) A detailed description of the project and how the grant
would be used, including any private sector participation.
(b) A copy of the waterfront redevelopment plan for the area
in which the project is to be located.
(c) An explanation of how the project will contribute
significantly to the local unit of government's economic and
community redevelopment or the revitalization of adjacent
neighborhoods.
(d) An explanation of how the project will provide for public
access to the waterfront or will provide recreational opportunities
for the public.
(e) If the project includes the purchase of property, an
identification of the intended use of the property, and a timeline
for redevelopment of the property.
(f) The total cost of the project and the source of the local
unit of government's contribution to the project.
(g) A detailed description of the practices the local unit of
government will implement and maintain to control nonpoint source
pollution from the project site both during construction activities
and throughout the period of time in which the state is paying off
the bonds that were issued pursuant to the clean Michigan
initiative act, 1998 PA 284, MCL 324.95101 to 324.95108.
(h)
Other information that the department and the commission
Michigan economic development corporation consider relevant.
Sec. 79505. Upon receipt of a grant application under section
79504, the department shall forward a copy of the application to
the
commission Michigan
economic development corporation. The
department
and the commission Michigan
economic development
corporation shall jointly review the grant applications. In
reviewing
grant applications, the department and the commission
Michigan economic development corporation shall consider all of the
following:
(a) Whether the project proposed to be funded is authorized by
this part.
(b) Whether the grant application submitted complies with this
part.
(c) Whether the project is consistent with the waterfront
redevelopment plan for the area in which the project is located.
(d) Whether the project provides significant public access to
the waterfront or provides recreational opportunities for the
public.
(e) Whether the project will significantly contribute to the
local unit of government's economic and community redevelopment or
the revitalization of adjacent neighborhoods.
(f) Whether there is evidence of adverse economic and
socioeconomic conditions within the waterfront planning area.
(g) The viability of the waterfront redevelopment plan.
(h) Whether the project is innovative in comparison to other
grant applications.
(i) The level of public and private commitment and other
resources available for the project.
(j) The level of public and private commitment to other
aspects of the waterfront redevelopment plan.
(k) How the project relates to a broader economic and
community development plan for the local unit of government as a
whole.
(l) The level of demonstrated commitment from other
governmental agencies.
(m) The level of public and private commitment to improving
abandoned real property within the waterfront planning area in
which the project is located.
(n)
Other criteria that the department and the commission
Michigan economic development corporation consider relevant.
Sec. 79506. The department, with the approval of the
commission
Michigan economic development
corporation, shall issue
grants under this part for projects that the department determines
meet the requirements of this part and will contribute to the
revitalization of waterfronts throughout the state that are not
being used in a manner that maximizes economic and public value.
Enacting section 1. The following acts and parts of acts are
repealed:
(a) Part 23 of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.2301 to 324.2305.
(b) Sections 20517 and 20519 of the natural resources and
environmental protection act, 1994 PA 451, MCL 324.20517 and
324.20519.
(c) Section 21562 of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.21562.