SB-0264, As Passed Senate, March 21, 2013

SUBSTITUTE FOR

SENATE BILL NO. 264

A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending sections 1301, 3109c, 30105, and 32512a (MCL 324.1301,

324.3109c, 324.30105, and 324.32512a), section 1301 as amended by

2012 PA 249, section 3109c as added by 2006 PA 97, section 30105 as

amended by 2009 PA 120, and section 32512a as amended by 2012 PA

247, and by adding sections 30106b and 32515a.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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 the department, agency, or officer

authorized by this act to approve or deny an application for a

particular permit.

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 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. Permit includes an authorization for a

specific project to proceed under a general permit issued under

section 30312.

(xvii) Section 31509, dam construction, repair, or removal

permit.

(xviii) Section 32312, flood risk, high risk, or environmental

area permit.

(xix) Section ~~32503,~~ 32512, permit for dredging and filling

bottomland.

(xx) Section 32603, permit for submerged log removal from Great

Lakes bottomlands.

(xxi) Section 35304, department permit for critical dune area

use.

(xxii) Section 36505, endangered species permit.

(xxiii) Section 41702, game bird hunting preserve license.

(xxiv) Section 42101, dog training area permit.

(xxv) Section 42501, fur dealer's license.

(xxvi) Section 42702, game dealer's license.

(xxvii) Section 44513, charter boat operating permit under

reciprocal agreement.

(xxviii) Section 44516, boat livery operating permit.

(xxix) Section 45503, permit to take frogs for scientific use.

(xxx) Section 45902, game fish propagation license.

(xxxi) Section 45906, game fish import license.

(xxxii) Section 61525, oil or gas well drilling permit.

(xxxiii) Section 62509, brine, storage, or waste disposal well

drilling or conversion permit or test well drilling permit.

(xxxiv) Section 63103a, ferrous mineral mining permit.

(xxxv) Section 63514 or 63525, surface coal mining and

reclamation permit or revision of the permit, respectively.

(xxxvi) Section 63704, sand dune mining permit.

(xxxvii) Section 72108, use permits for Michigan trailway.

(xxxviii) Section 76109, sunken aircraft or watercraft abandoned

property recovery permit.

(xxxix) Section 76504, Mackinac Island motor vehicle and land

use permits.

(xxxx) 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 or 44516.

(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 32512a(1),

or an authorization for a specific project to proceed under a

general permit issued section 30105(8) or 32512a(2), 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 authorization

described in subparagraph (ii) or (iv), 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 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 , or 30304, or ~~32503 or an authorization~~

~~for a specific project to proceed under a general permit issued~~

~~under section 30312.~~a permit under section 32512 other than a

permit described in subparagraph (iv).

(ix) Ninety days after the close of the review or comment

period under section 32604, or if a public hearing is held, 90 days

after the date of the public hearing for a permit under section

32603.

(x) One hundred twenty days for a permit under section 11509,

11542, 63103a, 63514, or 63704.

(xi) 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.

(xii) For any other permit, 150 days or, if a hearing is held,

90 days after the hearing, whichever is later.

Sec. 3109c. Notwithstanding any other provision of this part

or the rules promulgated under this part, the open water disposal

of ~~contaminated~~ dredge materials that are contaminated with toxic

substances as defined in R 323.1205 of the Michigan administrative

code is prohibited.

Sec. 30105. (1) The department shall post on its website all

of the following under this part:

(a) A list of pending applications.

(b) Public notices.

(2) The department may hold a public hearing on pending

applications.

(3) Except as otherwise provided in this section, upon

receiving an application, the department shall submit copies for

review to the director of the department of community health or the

local health department designated by the director of the

department of community health, to the city, village, or township

and the county where the project is to be located, to the local

conservation district, to the watershed council established under

part 311, if any, to the local port commission, if any, and to the

persons required to be included in the application pursuant to

section 30104(1). Each copy of the application shall be accompanied

by a statement that unless a written request is filed with the

department within 20 days after the submission for review, the

department may grant the application without a public hearing where

the project is located. The department may hold a public hearing

upon the written request of the applicant or a riparian owner or a

person or governmental unit that is entitled to receive a copy of

the application pursuant to this subsection.

(4) After completion of a project for which an application is

approved, the department may cause a final inspection to be made

and certify to the applicant that the applicant has complied with

the department's permit requirements.

(5) At least 10 days' notice of a hearing to be held under

this section shall be given by publication in a newspaper

circulated in the county where the project is to be located, to the

person requesting the hearing, and to the persons and governmental

units that are entitled to receive a copy of the application

pursuant to subsection (3).

(6) In an emergency, the department may issue a conditional

permit before the expiration of the 20-day period referred to in

subsection (3).

(7) After providing notice and an opportunity for a public

hearing, the department shall establish minor project categories of

activities and projects that are similar in nature, have minimal

adverse environmental effects when performed separately, and will

have only minimal cumulative adverse effects on the environment.

The department may act upon an application received pursuant to

section 30104 for an activity or project within a minor project

category without providing notices pursuant to subsection (3). All

other provisions of this part, except provisions applicable only to

general permits, are applicable to a minor project. The department

shall consider establishing a minor project category under this

subsection for maintenance dredging associated with a marina of

material that has been determined through testing to be 90% or more

sand.

(8) The department, after notice and an opportunity for a

public hearing, shall issue general permits on a statewide basis or

within a local unit of government for projects that are similar in

nature, that will cause only minimal adverse environmental effects

when performed separately, and that will only have minimal

cumulative adverse effects on the environment. Before authorizing a

specific project to proceed under a general permit, the department

may provide notice pursuant to subsection (3) but shall not hold a

public hearing and shall not typically require a site inspection. A

general permit issued under this subsection shall not be valid for

more than 5 years. Among the activities the department may consider

for general permit eligibility under this subsection are the

following:

(a) The removal of qualifying small dams.

(b) The maintenance or repair of an existing pipeline, if the

pipeline is maintained or repaired in a manner to ensure that any

adverse effects on the lake or stream will be minimized.

(9) The department may issue, deny, or impose conditions on

project activities authorized under a minor project category or a

general permit if the conditions are designed to remove an

impairment to the lake or stream, to mitigate the effects of the

project, or to otherwise improve water quality. The department may

also establish a reasonable time when the proposed project is to be

completed or terminated.

(10) If the department determines that activity in a proposed

project, although within a minor project category or a general

permit, is likely to cause more than minimal adverse environmental

effects, the department may require that the application be

processed according to subsection (3) and reviewed for compliance

with section 30106.

(11) As used in this section, "qualifying small dam" means a

dam that meets all of the following conditions:

(a) The height of the dam is less than 2 feet.

(b) The impoundment from the dam covers less than 2 acres.

Great Lakes or their connecting waterways.

(d) The dam is not serving as a sea lamprey barrier.

(e) There are no threatened or endangered species that have

been identified in the area that will be affected by the project.

(f) There are no known areas of contaminated sediments in the

area that will be affected by the project.

(g) The department has received written permission for the

removal of the dam from all riparian property owners adjacent to

the dam's impoundment.

Sec. 30106b. A permit under this part to dredge or place

dredged spoils on bottomland is subject to both of the following:

(a) The permit shall be valid for a period of 5 years.

(b) During the term of the permit, the department shall not

require additional environmental studies or surveys unless an act

of God results in significant geological or ecological changes to

the permitted area.

Sec. 32512a. (1) After providing notice and an opportunity for

a public hearing, the department shall establish minor project

categories of activities that are similar in nature, have minimal

adverse environmental effects when performed separately, and will

have only minimal cumulative adverse effects on the environment.

The department may act upon an application received pursuant to

section 32513 for an activity within a minor project category

without providing notice pursuant to section 32514. A minor project

category shall not be valid for more than 5 years, but may be

reestablished. All other provisions of this part, except provisions

applicable only to general permits, are applicable to a minor

project. The department shall consider establishing a minor project

category under this subsection for maintenance dredging associated

with a marina of material that has been determined through testing

to be 90% or more sand.

(2) The department, after notice and opportunity for a public

hearing, shall issue general permits on a statewide basis or within

a local unit of government for a category of activities if the

department determines that the activities are similar in nature,

will cause only minimal adverse environmental effects when

performed separately, and will have only minimal cumulative adverse

effects on the environment. A general permit shall be based on the

requirements of this part and the rules promulgated under this

part, and shall set forth the requirements and standards that shall

apply to an activity authorized by the general permit. Before

authorizing a specific project to proceed under a general permit,

the department may provide notice pursuant to section 32514 but

shall not hold a public hearing and shall not typically require a

site inspection. A general permit shall not be valid for more than

5 years, but may be reissued.

Sec. 32515a. A permit under this part to dredge or place

dredged spoil on bottomland is subject to all of the following:

(a) The permit shall be valid for a period of 5 years.

(b) During the term of the permit, the department shall not

require additional environmental studies or surveys unless an act

of God results in significant geological or ecological changes to

the permitted area.

applicant, open lake disposal of dredge material that is not

contaminated with toxic substances as defined in R 323.1205 of the

Michigan administrative code in waters at the 30-meter depth

contour or deeper. However, dredge materials shall not be disposed

of within a Great Lakes bottomland preserve established under part

761, a permitted submerged log removal area under part 326, or a

lake trout or diporeia refuge.