SB-0753, As Passed House, December 18, 2014
February 5, 2014, Introduced by Senators CASWELL, PAPPAGEORGE, CASPERSON and GREEN and referred to the Committee on Local Government and Elections.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 3109 (MCL 324.3109), as amended by 2005 PA 241.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3109. (1) A person shall not directly or indirectly
discharge into the waters of the state a substance that is or may
become injurious to any of the following:
(a) To the public health, safety, or welfare.
(b) To domestic, commercial, industrial, agricultural,
recreational, or other uses that are being made or may be made of
such waters.
(c) To the value or utility of riparian lands.
(d) To livestock, wild animals, birds, fish, aquatic life, or
plants or to their growth or propagation.
(e) To the value of fish and game.
(2) The discharge of any raw sewage of human origin, directly
or indirectly, into any of the waters of the state shall be
considered prima facie evidence of a violation of this part by the
municipality in which the discharge originated unless the discharge
is permitted by an order or rule of the department. If the
discharge is not the subject of a valid permit issued by the
department, a municipality responsible for the discharge may be
subject to the remedies provided in section 3115. If the discharge
is the subject of a valid permit issued by the department pursuant
to section 3112, and is in violation of that permit, a municipality
responsible for the discharge is subject to the penalties
prescribed in section 3115.
(3) Notwithstanding subsection (2), a municipality is not
responsible or subject to the remedies or penalties provided in
section
3115 for under either of
the following circumstances:
(a) The discharge is an unauthorized discharge from a sewerage
system as defined in section 4101 that is permitted under this part
and owned by a party other than the municipality, unless the
municipality has accepted responsibility in writing for the
sewerage system and, with respect to the civil fine and penalty
under section 3115, the municipality has been notified in writing
by the department of its responsibility for the sewerage system.
(b) The discharge is from 3 or fewer on-site wastewater
treatment systems.
(4) Unless authorized by a permit, order, or rule of the
department, the discharge into the waters of this state of any
medical waste, as defined in part 138 of the public health code,
1978
PA 368, MCL 333.13801 to 333.13831, 333.13832, is prima facie
evidence of a violation of this part and subjects the responsible
person to the penalties prescribed in section 3115.
(5)
Beginning January 1, 2007, unless Unless a discharge is
authorized by a permit, order, or rule of the department, the
discharge into the waters of this state from an oceangoing vessel
of any ballast water is prima facie evidence of a violation of this
part and subjects the responsible person to the penalties
prescribed in section 3115.
(6) A violation of this section is prima facie evidence of the
existence of a public nuisance and in addition to the remedies
provided for in this part may be abated according to law in an
action brought by the attorney general in a court of competent
jurisdiction.
(7) As used in this section, "on-site wastewater treatment
system" means a system of components, other than a sewerage system
as defined in section 4101, used to collect and treat sanitary
sewage or domestic equivalent wastewater from 1 or more dwellings,
buildings, or structures and discharge the resulting effluent to a
soil dispersal system on property owned by or under the control of
the same individual or entity that owns or controls the dwellings,
buildings, or structures.