HOUSE BILL No. 6007 September 27, 2000, Introduced by Reps. Kowall, Richardville, Shackleton, DeRossett, Woronchak, Sanborn, Mortimer, Patterson, Toy, DeHart, DeVuyst, Tabor, Hager, Gilbert, Voorhees, Shulman, Hart, Van Woerkom, Faunce, Garcia and Raczkowski and referred to the Committee on Conservation and Outdoor Recreation. A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 3101 (MCL 324.3101), as amended by 1997 PA 29, and by adding section 3109c. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 3101. As used in this part: 2 (A) "AQUATIC NUISANCE SPECIES" MEANS A NONINDIGENOUS SPECIES 3 THAT THREATENS THE DIVERSITY OR ABUNDANCE OF NATIVE SPECIES OR 4 THE ECOLOGICAL STABILITY OF INFESTED WATERS, OR COMMERCIAL, AGRI- 5 CULTURAL, AQUACULTURAL, OR RECREATIONAL ACTIVITIES DEPENDENT ON 6 SUCH WATERS. 7 (B) "BALLAST WATER" MEANS WATER AND ASSOCIATED SOLIDS TAKEN 8 ON BOARD A VESSEL TO CONTROL OR MAINTAIN TRIM, DRAFT, STABILITY, 9 OR STRESSES ON THE VESSEL, WITHOUT REGARD TO THE MANNER IN WHICH 10 IT IS CARRIED. 07147'00 JCB 2 1 (C)(a)"Department" means the department of environmental 2 quality. 3 (D)(b)"Detroit consumer price index" means the most com- 4 prehensive index of consumer prices available for the Detroit 5 area from the United States department of labor, bureau of labor 6 statistics. 7 (E) "GREAT LAKES" MEANS THE GREAT LAKES AND THEIR CONNECTING 8 WATERS INCLUDING LAKE ST. CLAIR. 9 (F)(c)"Local unit" means a county, city, village, or 10 township or an agency or instrumentality of any of these 11 entities. 12 (G)(d)"Municipality" means this state, a county, city, 13 village, or township, or an agency or instrumentality of any of 14 these entities. 15 (H) "SEDIMENTS" MEANS ANY MATTER SETTLED OUT OF BALLAST 16 WATER WITHIN A VESSEL. 17 (I)(e)"Sewage sludge" means sewage sludge generated in 18 the treatment of domestic sewage, other than only septage or 19 industrial waste. 20 (J)(f)"Sewage sludge derivative" means a product for 21 land application derived from sewage sludge that does not include 22 solid waste or other waste regulated under this act. 23 (K)(g)"Sewage sludge generator" means a person who gen- 24 erates sewage sludge that is applied to land. 25 (l)(h)"Sewage sludge distributor" means a person who 26 applies, markets, or distributes, except at retail, a sewage 27 sludge derivative. 07147'00 3 1 (M) "ST. LAWRENCE WATERWAY" MEANS THE ST. LAWRENCE RIVER, 2 THE ST. LAWRENCE SEAWAY, AND THE GULF OF ST. LAWRENCE. 3 (N) "STERILIZED" MEANS THE TREATMENT OF BALLAST WATER OR 4 SEDIMENTS, OR BOTH, TO REMOVE OR DESTROY LIVING BIOLOGICAL ORGAN- 5 ISMS THROUGH 1 OR MORE OF THE FOLLOWING: 6 (i) FILTRATION. 7 (ii) THE APPLICATION OF BIOCIDES OR ULTRAVIOLET LIGHT. 8 (iii) THERMAL METHODS. 9 (iv) OTHER TREATMENT TECHNIQUES APPROVED BY THE DEPARTMENT. 10 (O)(i)"Waters of the state" means groundwaters, lakes, 11 rivers, and streams and all other watercourses and waters, 12 INCLUDING THE GREAT LAKES, within the jurisdiction of this 13 state.and also the Great Lakes bordering this state.14 SEC. 3109C. (1) BEGINNING JANUARY 1, 2006, A PERSON SHALL 15 NOT OPERATE A COMMERCIAL VESSEL CAPABLE OF DISCHARGING BALLAST 16 WATER, WHETHER EQUIPPED WITH A BALLAST WATER TANK SYSTEM OR OTH- 17 ERWISE, ON THE GREAT LAKES WITHIN THE JURISDICTION OF THE STATE 18 UNLESS THAT VESSEL IS EQUIPPED WITH AN ON-BOARD BALLAST WATER 19 MONITORING SYSTEM. THE ON-BOARD BALLAST WATER MONITORING SYSTEM 20 REQUIRED UNDER THIS SECTION SHALL DO BOTH OF THE FOLLOWING: 21 (A) PROVIDE FOR ONGOING MONITORING OF BALLAST WATER AND SED- 22 IMENTS FOR THE PRESENCE OF AQUATIC NUISANCE SPECIES. 23 (B) PROVIDE FOR THE RESULTS OF THE MONITORING SYSTEM UNDER 24 SUBDIVISION (A) TO BE AVAILABLE TO THE DEPARTMENT ELECTRONICALLY 25 VIA SATELLITE TRANSMISSION. 26 (2) BEGINNING JANUARY 1, 2006, A PERSON SHALL NOT DISCHARGE 27 BALLAST WATER OR SEDIMENTS FROM A COMMERCIAL VESSEL INTO THE 07147'00 4 1 WATERS OF THE STATE UNLESS THAT PERSON IS IN COMPLIANCE WITH 2 SUBSECTION (1) AND HAS BEEN ISSUED A DISCHARGE PERMIT FROM THE 3 DEPARTMENT. A PERMIT ISSUED UNDER THIS SECTION SHALL NOT ALLOW 4 THE DISCHARGE OF BALLAST WATER OR SEDIMENTS INTO THE WATERS OF 5 THE STATE UNLESS THE BALLAST WATER AND SEDIMENTS HAVE BEEN STER- 6 ILIZED TO PREVENT THE INTRODUCTION AND SPREAD OF AQUATIC NUISANCE 7 SPECIES IN THE GREAT LAKES. 8 (3) AN APPLICATION FOR A PERMIT UNDER SUBSECTION (2) SHALL 9 BE SUBMITTED IN THE MANNER REQUIRED BY THE DEPARTMENT AND SHALL 10 CONTAIN THE INFORMATION REQUIRED BY THE DEPARTMENT. 11 (4) BY JUNE 30, 2002, THE DEPARTMENT SHALL PROMULGATE RULES 12 TO IMPLEMENT THIS SECTION. IN PROMULGATING RULES UNDER THIS SEC- 13 TION, THE DEPARTMENT SHALL CONSULT WITH OTHER STATES AND CANADIAN 14 PROVINCES BORDERING THE GREAT LAKES AND THE ST. LAWRENCE 15 WATERWAY. 16 (5) THE DEPARTMENT SHALL SUSPEND ENFORCEMENT OF THE REQUIRE- 17 MENTS OF THIS SECTION AND THE RULES PROMULGATED UNDER THIS SEC- 18 TION IF A FEDERAL LAW IS ENACTED OR FEDERAL REGULATIONS ARE 19 PROMULGATED AFTER THE EFFECTIVE DATE OF THIS SECTION THAT REQUIRE 20 COMMERCIAL VESSELS OPERATING ON THE GREAT LAKES TO COMPLY WITH 21 BALLAST WATER MANAGEMENT PRACTICES DESIGNED TO MINIMIZE THE 22 SPREAD OF AQUATIC NUISANCE SPECIES IN THE GREAT LAKES AND REQUIRE 23 THE TREATMENT OF BALLAST WATER AND SEDIMENTS FOR OCEANGOING COM- 24 MERCIAL VESSELS. 25 Enacting section 1. This amendatory act does not take 26 effect unless all of the following bills of the 90th Legislature 27 are enacted into law: 07147'00 5 1 (a) Senate Bill No. ___ or House Bill No. 6008 (request 2 no. 07148'00). 3 (b) Senate Bill No. ___ or House Bill No. 6009 (request 4 no. 07149'00). 07147'00 Final page. JCB