August 15, 2018, Introduced by Rep. Lucido and referred to the Committee on Local Government.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 4105 (MCL 324.4105), as amended by 2006 PA 602.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 4105. (1) The mayor of each city, the president of each
village, the township supervisor of each township, the responsible
executive officer of a governmental agency, and all other persons
operating sewerage systems in this state shall file with the
department a true copy of the plans and specifications of the
entire sewerage system owned or operated by that person, including
any filtration or other purification plant or treatment works as
may be operated in connection with the sewerage system, and also
plans and specifications of all proposed alterations, additions, or
improvements
to the systems. that may be made. The plans and
specifications shall provide that not later than December 31, 2022,
the operating sewerage system is physically separated from any
stormwater system and will not allow the discharge of untreated or
partially treated sewage to enter the waters of the state. The
plans and specifications shall, in addition to all other
requirements, show all the sources through or from which water is
or may be at any time pumped or otherwise permitted to enter into
the sewerage system, and the drain, watercourse, river, or lake
into which sewage is to be discharged. The plans and specifications
shall be certified by the mayor of a city, the president of a
village, a responsible member of a partnership, an individual
owner, or the proper officer of any other person that operates the
sewerage
system, as well as by the engineer, if any are an engineer
is
employed by any such the operator.
The department may promulgate
and enforce rules regarding the preparation and submission of plans
and specifications and for the issuance and period of validity of
construction
permits for the work.
(2) A person shall not construct a sewerage system or any
filtration or other purification plant or treatment works in
connection with a sewerage system except as authorized by a
construction permit issued by the department pursuant to part 13.
An application for a permit shall be submitted by the mayor of a
city, the president of a village, a responsible member of a
partnership, an individual owner, or the proper officer of any
other person proposing the construction. If eligible, a person may
request an expedited review of an application for a construction
permit under section 4112. An application for a permit shall
include plans and specifications as described in subsection (1). If
considered appropriate by the department, the department may issue
a permit with conditions to correct minor design problems.
(3) The department may verbally approve minor modifications of
a construction permit issued by the department as a result of
unforeseen site conditions that become apparent during
construction. Minor modifications include, but are not limited to,
a minor change of location of the sewer or location of manholes.
The person making the request for a modification shall provide to
the department all relevant information pursuant to R 299.2931 to R
299.2945
of the Michigan administrative code Administrative Code
and the application form provided by the department related to the
requested modification. Written approval from the department shall
be obtained for all modifications except when the department
provides verbal approval for a minor modification as provided for
in this subsection. The person receiving a written or verbal
approval from the department shall submit revised plans or
specifications to the department within 10 days from the date of
approval.
(4) If a person seeks confirmation of the department's verbal
approval of a minor modification under subsection (3), the person
shall notify the department electronically, at an address specified
by the department, with a detailed description of the request for
the modification. The department shall make reasonable efforts to
respond within 2 business days, confirming whether the request has
been approved or not approved. If the department has not responded
within 2 business days after the department receives the detailed
description, the verbal approval shall be considered confirmed.
(5) A municipal officer or an officer or agent of a person who
permits or allows construction to proceed on a sewerage works
without a valid permit, or in a manner not in accordance with the
plans and specifications approved by the department, is guilty of a
misdemeanor punishable by a fine of not more than $500.00 or
imprisonment for not more than 90 days, or both.
(6) As used in this section:
(a) "Partially treated sewage" means any sewage from domestic
or industrial sources that meets 1 or more of the following:
(i) Is not treated to national secondary treatment standards
for wastewater or that is treated to a level less than that
required by a national pollutant discharge elimination system
permit under part 31.
(ii) Is treated to a level less than that required by a
groundwater discharge permit under part 31.
(iii) Is found on the ground surface.
(b) "Waters of the state" means that term as defined in
section 3101.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.