SENATE BILL NO. 530


   April 21, 1999, Introduced by Senators SIKKEMA and GAST and 
        referred to the Committee on Natural Resources and
        Environmental Affairs.



        A bill to amend 1978 PA 368, entitled

   "Public health code,"

   by amending section 12562 (MCL 333.12562), as amended by 1996 PA

   67.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 12562.  (1) The application of necessary chemicals in

 2    powder, crystal, or solution form to the waters of the state for

 3    the control of aquatic nuisances, such as swimmers' itch and

 4    aquatic plants, is lawful and not in contravention of the private

 5    or public rights to the use and enjoyment of abutting property by

 6    the owners or occupants of that property if the application is

 7    made in accordance with sections 12561 to 12563 and rules promul-

 8    gated under section 12561.

 9         (2) The necessary control work authorized pursuant to this

10    section may be conducted by the state or a political subdivision


   02769'99                                                 JCB
           
                                   2

 1    or by an organized lake or improvement association on behalf of

 2    its members, or by the owner of property abutting on the waters

 3    of the state, or by an aquatic pest control applicator licensed

 4    under part 83  (pesticide control)  of the natural
             resources and

 5    environmental protection act,  Act No. 451 of the Public
             Acts of

 6     1994, being sections 324.8301 to 324.8336 of the Michigan

 7     Compiled Laws  1994 PA 451, MCL 324.8301 TO
                       324.8336, after

 8    obtaining a permit from the department of  natural resources
             

 9    ENVIRONMENTAL QUALITY.  A permit may be obtained by application

10    to the department of  natural resources 
             ENVIRONMENTAL QUALITY.

11    Unless revoked, a permit issued under this section expires on

12    December 31 of the calendar year in which it was issued.

13         (3) The necessary control work authorized pursuant to this

14    section shall be conducted at those times, under those condi-

15    tions, and with those safeguards, as the department of 
             natural

16     resources  ENVIRONMENTAL QUALITY requires.  The
                       department of

17     natural resources  ENVIRONMENTAL QUALITY may
             provide permits,

18    upon application, for the suppression of swimmers' itch and

19    aquatic plants, if applicants provide at their own expense chemi-

20    cals and other equipment and services called for in the rules

21    promulgated by the department of  natural resources
             

22    ENVIRONMENTAL QUALITY.

23         (4) Except as provided in subsection (5), until October 1,

24     1999  2003, an application for a permit under this
             section shall

25    be accompanied by the following fee:

26         (a) For treatment of areas of 1/2 acre or more and less than

27    2 acres, $50.00.



   02769'99

                                   3

 1         (b) For treatment of areas of 2 acres or more, $150.00.

 2         (5) A fee is not required under this section for owners of a

 3    single property treating waters abutting their property where the

 4    treatment area is less than 1/2 acre, or for water bodies in

 5    single ownership.

 6         (6) The department of  natural resources 
             ENVIRONMENTAL

 7    QUALITY shall forward fees collected under this section to the

 8    state treasurer for deposit in the land and water management

 9    permit fee fund created in section 30113 of  part 301
             (inland

10     lakes and streams) of Act No. 451 of the Public Acts of
                       1994,

11     being section 324.30113 of the Michigan Compiled Laws
                        THE NATU-

12    RAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT, 1994 PA 451, MCL

13    324.30113.































   02769'99          Final page.                            JCB