September 15, 2009, Introduced by Senators VAN WOERKOM and McMANUS and referred to the Committee on Appropriations.
A bill to amend 1956 PA 40, entitled
"The drain code of 1956,"
by amending section 423 (MCL 280.423), as amended by 1996 PA 552.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 423. (1) A person shall not continue to discharge or
permit to be discharged into any county drain or intercounty drain
of the state any sewage or waste matter capable of producing in the
drain detrimental deposits, objectionable odor nuisance, injury to
drainage conduits or structures, or capable of producing such
pollution of the waters of the state receiving the flow from the
drains as to injure livestock, destroy fish life, or be injurious
to public health. This section does not prohibit the conveyance of
sewage or other waste through drains or sewers that will not
produce
these injuries and that comply with section 3112 of part 31
(water
resources protection) of the
natural resources and
environmental
protection act, Act No. 451 of the Public Acts of
1994,
being section 324.3112 of the Michigan Compiled Laws 1994 PA
451, MCL 324.3112.
(2) Disposal plants, filtration beds, and other mechanical
devices to properly purify the flow of any drain may be constructed
as a part of any established drain, and the cost of construction
shall be paid for in the same manner as provided for in this act
for other drainage costs. Plants, beds, or devices may be described
in the petition for the location, establishment and construction of
drains or in the petition for the cleaning, widening, deepening,
straightening, or extending of drains, or in the application for
the laying out of a drainage district. Petitions for the
construction of plants, beds, and devices for use on any
established drain may be filed by the same persons and shall be
received and all proceedings on the petitions in the same manner as
other petitions for any drainage construction under this act.
(3)
If the department of environmental quality natural
resources determines that sewage or wastes carried by any county or
intercounty drain constitutes unlawful discharge as prescribed by
section
3109 or 3112 of part 31 of Act No. 451 of the Public Acts
of
1994, being sections 324.3109 and 324.3112 of the Michigan
Compiled
Laws the natural resources
and environmental protection
act, 1994 PA 451, MCL 324.3109 and 324.3112, that 1 or more users
of the drain are responsible for the discharge of sewage or other
wastes into the drain, and that the cleaning out of the drain or
the construction of disposal plants, filtration beds, or other
mechanical devices to purify the flow of the drain is necessary,
the
department of environmental quality natural resources may issue
to the drain commissioner an order of determination identifying
such
users and pollutants, under section 3112 of Act No. 451 of the
Public
Acts of 1994, being section 324.3112 of the Michigan
Compiled
Laws the natural resources
and environmental protection
act, 1994 PA 451, MCL 324.3112. The order of determination
constitutes a petition calling for the construction of disposal
facilities or other appropriate measures by which the unlawful
discharge may be abated or purified. The order of determination
serving as a petition is in lieu of the determination of necessity
by a drainage board pursuant to chapter 20 or 21 or section 122 or
192 or a determination of necessity by a board of determination
pursuant to section 72 or 191, whichever is applicable. A copy of
the findings of the department shall be attached to the order of
determination which shall require no other signature than that of
the
director of the department of environmental quality natural
resources. Upon receipt of the order of determination, the drain
commissioner or the drainage board shall proceed as provided in
this act to locate, establish, and construct a drain. If the
responsible users of the drain are determined to be public
corporations in the drainage district, the drain commissioner or
the drainage board shall proceed as provided in chapters 20 and 21,
as may be appropriate, using the order of determination as the
final order of determination of the drainage board. If the
responsible users are determined to be private persons, the drain
commissioner shall proceed as provided in chapters 8 and 9, using
the order of determination as the first order of determination.
(4) Plans and specifications for the construction as part of a
drain of any disposal plant, filtration bed, or other mechanical
device to properly purify the flow of the drain shall be prepared
by the drain commissioner or the drainage board. Contracts for
construction shall be let in the manner provided in this act. To
meet the cost of any preliminary engineering studies for the
construction of abatement or purification facilities, the drain
commissioner or the drainage board shall apportion the cost among
the several parcels of land, highways, and municipalities benefited
thereby in the same manner as provided in chapter 7 or against the
public corporations affected by the order of determination in the
same manner as provided in chapters 20 and 21. The costs and
charges for maintenance shall be apportioned and assessed each
year. If the apportionment is the same as the last recorded
apportionment, a day of review or a hearing on apportionments is
not necessary, but if the apportionment is changed, notice of a day
of review or a hearing on apportionments shall be given to each
person whose percentage is raised.
(5) Land may be acquired as a site for the construction of
such plants, beds, and devices, and releases of land may be
obtained in the same manner as provided in this act for other lands
acquired for right of way.
(6) A person shall not connect sewage or other waste to a
county or intercounty drain except with the written approval of the
appropriate commissioner or the drainage board indorsed upon a
written application for such service and the payment of a service
fee of not to exceed $50.00 for each connection to a covered drain.
The application shall include information showing that all other
local, state, and federal approvals related to the sewage or waste
have been obtained.
(7) The fee provided for in subsection (6) shall be set and
collected by the drain commissioner, as approved by the county
board of commissioners or the drainage board, and deposited with
the county treasurer, to be credited to the drain fund set up for
the maintenance or construction of the drain. The commissioner or
the drainage board shall keep a record of applications made and the
action on the applications. The commissioner or the drainage board
may reject applications for or require such modification in
requested applications for sewer connections to county drains as
necessary to attain the objectives set forth in this section.
(8) Subject to the review and approval of the department of
environmental
quality natural resources, the drain commissioner or
drainage board may study the requirements of persons for flood
control or drainage projects including sewage disposal systems,
storm sewers, sanitary sewers, combined sanitary and storm sewers,
sewage treatment plants, and all other plants, works,
instrumentalities, and properties useful in connection with the
collection, treatment, and disposal of sewage and industrial wastes
or agricultural wastes or run-off, to abate pollution or decrease
the danger of flooding. The objective of such studies shall be that
sewers, drains, and sewage disposal facilities are made available
to persons situated within the territorial limits of any drainage
district or proposed drainage district as necessary for the
protection of public health and the promotion of the general
welfare.
(9) The drainage board or drain commissioner may cooperate,
negotiate, and enter into contracts with other governmental units
and agencies or with any public or private corporation including
the
United States of America, and to take such steps and perform
such acts and execute such documents as may be necessary to take
advantage of any act of the congress of the United States which may
make available funds for any of the purposes described in this
section.
(10) Failure to comply with any of the provisions of this
section subjects the offender to the penalties described in section
602. However, for each offense, a person who violates subsection
(6) is guilty of a misdemeanor punishable by a fine of not more
than $25,000.00 or imprisonment for not more than 90 days, or both.
In addition, the person may be required to pay the costs of
prosecution and the costs of any emergency abatement measures taken
to protect public health or the environment. Payment of a fine or
costs under this subsection does not relieve a person of liability
for damage to natural resources or for response activity costs
under
the natural resources and environmental protection act, Act
No.
451 of the Public Acts of 1994, being sections 324.101 to
324.90106
of the Michigan Compiled Laws 1994 PA 451, MCL 324.101 to
324.90106.
(11) As used in this section, "person" means an individual,
partnership, public or private corporation, association,
governmental entity, or other legal entity.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. 807
of the 95th Legislature is enacted into law.