HOUSE BILL NO. 4903
"Natural resources and environmental protection act,"
by amending sections 30702, 30708, 31515, 31520, and 31521 (MCL 324.30702, 324.30708, 324.31515, 324.31520, and 324.31521), as added by 1995 PA 59.
the people of the state of michigan enact:
Sec. 30702. (1) The county board of a county in which an inland lake is located may upon the board's own motion, or shall, within 45 days following receipt of a petition to the board of 2/3 of the owners of lands abutting the inland lake, initiate action to take the necessary steps to cause to be determined a proceeding, as provided in section 30704, for the determination of the normal level of the inland lake. The county board may also initiate such a proceeding on its own motion.
(2) Unless required to act by resolution as provided in this part, the county board may delegate powers and duties under this part to that county's commissioner , or road commission , or other delegated authority.to another person.
(3) If a court-determined normal level is established pursuant to this part, the delegated authority of the county or counties in which the lake is located shall maintain that normal level.
Sec. 30708. (1) After the court determines the normal level of an inland lake under section 30707 in a proceeding initiated by the county, the delegated authority of any county or counties in which the inland lake is located shall provide for and maintain that normal level, subject to sections 31520 and 31521.
(2) A county may acquire, do any of the following:
(a) Acquire in the name of the county, by gift, grant, purchase, or condemnation, proceedings, an existing dam that may affect the normal level of the inland lake, sites for dams, or rights in land needed necessary or convenient in order to implement this part. A county may enter
(b) Enter into a contract for operation and maintenance of an existing dam owned by the county. The county may construct
(c) Construct and maintain a dam that is determined by if the delegated authority to be determines that the dam is necessary for the purpose of maintaining to maintain the normal level.
A dam may be acquired, constructed, or maintained in a county adjoining the county in which the lake is located.
(d) If it may affect the normal level of an inland lake in the county, acquire, construct, or maintain a dam in an adjoining county.
(3) For the purpose of maintaining To maintain the normal level, a delegated authority may drill do any of the following:
(a) Drill wells or pump water from another source to supply an inland lake with additional water. , may lower
(b) Lower the level of the lake by pumping water from the inland lake. , and may purchase
(c) Purchase power to operate pumps, wells, or other devices installed as part of a project to maintain the normal level. project.
Sec. 31515. (1) Except as otherwise provided in this section, a permit issued by the department under this part shall require that plans and specifications be approved by the department before construction begins. The department shall approve or reject complete plans and specifications within 60 days after their receipt. The permitted activity shall be completed within a specified time as specified in the permit, not to exceed 2 years after the date of issuance of the permit. Upon the written application of the permittee, and for good cause shown, the department may extend the time for completing construction. The permittee shall notify the department at least 10 days before beginning construction and shall otherwise notify the department as the department may otherwise require.
(2) A The permittee shall not implement a change in approved plans and specifications shall not be implemented unless the department gives its prior approval. The department shall approve or reject changes in plans and specifications within 30 days after receipt of the request for the changes.
(3) A permit is effective for the length of time specified in the permit unless it is revoked pursuant to this part. The department may renew a permit.
(4) A permit to alter, repair, or construct a new dam, reconstruct a failed dam, or enlarge the surface area of an impoundment by more than 10% may specify the terms and conditions including, but not limited to, requirements for minimum flows, cold water release, impoundment fluctuations, portage, contingency plans, and conditions under which the work is to be performed. The terms and conditions of a permit shall be effective for the life of the project. The department may consider, in issuing a permit, any mitigating measures in conjunction with the permitted activities and may make recommendations as to means of fish passage that may be required by part 483.
(5) A permit to construct a new dam or reconstruct a failed dam may require a performance bond to assure ensure completion of the project or to provide for complete or partial restoration of the project site, as determined by the department in rules promulgated by the department. If the dam will impound an inland lake for which a normal level has been established under section 30707, a permit to construct a new dam or reconstruct a failed dam shall require a performance bond to ensure completion of the project, to provide for complete or partial restoration of the project site, and to ensure safe operation and maintenance of the dam.
(6) A permit may be suspended, revoked, annulled, withdrawn, recalled, canceled, or amended after After a hearing, the department may suspend, revoke, or modify a permit for a violation of any of its provisions, a violation of the permit, this part, a violation of or a rule promulgated under this part , or for any misrepresentation contained in the application for the permit. Hearings The hearing shall be conducted by the department in accordance with the provisions for contested cases in pursuant to chapter 4 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.271 to 24.288.
Sec. 31520. (1) The owner or his or her agent of a dam shall advise the department and the affected off-site public authorities and safety agencies of any sudden or unprecedented flood or unusual or alarming circumstance or occurrence, whether existing or anticipated, that may affect the safety of the dam within 24 hours of after the flood, circumstance, or occurrence.
(2) The owner of a dam shall notify the department as soon as possible of any necessary emergency drawdowns, repairs, breaching, or other action being taken in response to an emergency condition.
(3) Notwithstanding the establishment of a normal level for an inland lake under section 30707, the owner of a dam that impounds that inland lake may, after providing written notice to the department and affected offsite public authorities and safety agencies, draw down the impoundment below the normal level to mitigate or prevent existing or anticipated flooding or heavy flows that pose a danger to public health, safety, welfare, property, or the natural resources or the public trust in those natural resources. The dam owner shall resume operations to restore and maintain the normal level by the earlier of the following times:
(a) Not more than 14 days after the draw down began.
(b) When there is no longer a threat of flooding or heavy flows.
Sec. 31521. (1) The department may issue to the owner of a dam a written emergency orders as provided in this section. The department may, by written notice, order an owner to immediately order that requires the owner to do either of the following:
(a) Immediately repair, draw down, breach, or cease operation of a dam where a if the dam is in imminent danger of failure and is causing or threatening to cause harm to public health, safety, welfare, property, or the natural resources or the public trust in those natural resources.
(b) Notwithstanding the establishment of a normal level for an inland lake under section 30707, draw down the impoundment below the normal level to mitigate or prevent existing or anticipated flooding or heavy flows that pose a danger to public health, safety, welfare, property, or the natural resources or the public trust in those natural resources.
(2) If an the owner of a dam fails to comply with an order under this section, or is unavailable or unable to cannot be contacted, then the department may undertake immediate repair, drawdown, breaching, or cessation of operation, as may be necessary to alleviate the danger. , and The department may recover from the owner the costs incurred in a civil action commenced in a court of competent jurisdiction. The department may terminate an emergency order upon a determination in writing that all necessary emergency actions have been complied with by the owner and that an emergency no longer exists.
(3) (2) When ordering emergency actions under subsection (1), the department may specify do any of the following:
(a) Specify a maximum drawdown level. and
(b) Specify discharge rates. and require sediment
(c) Require any of the following:
(i) Sediment surveys. , water
(ii) Water quality sampling. , monitoring, or any
(iv) Any other action determined necessary by the department to ensure adequate protection of the public health, safety, welfare, property, or natural resources or the public trust in those natural resources.
(4) The department may modify the requirements of an emergency order if, during the conduct of ordered actions, it determines that the modification is necessary to protect the public health, safety, welfare, property, or natural resources or the public trust in those natural resources.
(5) (3) Upon Within 15 days after the issuance of an emergency order under subsection (1)(a), the department shall provide the owner with an opportunity for a hearing pursuant to chapter 4 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.271 to 24.288. within 15 days of the date of its issuance. At the hearing, the department shall determine, based on information and fact, if the emergency order shall be continued, modified, or suspended as necessary to protect public health, safety, welfare, property, or natural resources or the public trust in those natural resources.
(6) An emergency order under subsection (1) expires and the dam owner shall resume operations to restore and maintain the normal level established under section 30707 by the earliest of the following times:
(a) The time set forth in the order.
(b) When the department provides written notice to the dam owner that the department has determined that all necessary emergency actions have been taken and that an emergency no longer exists.
(c) For an order under subsection (1)(b), not more than 14 days after the drawdown began.