September 30, 2004, Introduced by Senators GILBERT, TOY and GOSCHKA and referred to the Committee on Natural Resources and Environmental Affairs.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 9105 (MCL 324.9105), as amended by 2000 PA
504.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 9105. (1) Subject
to subsection (6), a A county is
2 responsible for the administration and enforcement of this part
3 and the rules promulgated under this part throughout the county
4 except as follows:
5 (a) Within a municipality that has assumed the responsibility
6 for soil erosion and sedimentation control under section 9106.
7 (b) With regard to earth changes of authorized public
8 agencies.
9 (2) Subject to subsection (3), the county board of
10 commissioners of each county, by resolution, shall designate a
1 county agency, or a conservation district upon the concurrence of
2 the conservation district, as the county enforcing agency
3 responsible for administration and enforcement of this part and
4 the rules promulgated under this part in the name of the county.
5 The resolution may set forth a schedule of fees for inspections,
6 plan reviews, and permits and may set forth other matters
7 relating to the administration and enforcement of the county
8 program and this part and the rules promulgated under this part.
9 (3) In lieu of or in addition to a resolution provided for in
10 subsection (2), the county board of commissioners of a county may
11 provide by ordinance for soil erosion and sedimentation control
12 in the county. An ordinance adopted under this subsection may be
13 more restrictive than, but shall not make lawful that which is
14 unlawful under, this part and the rules promulgated under this
15 part. If an ordinance adopted under this subsection is more
16 restrictive than this part and the rules promulgated under this
17 part, the county enforcing agency shall notify a person receiving
18 a permit under the ordinance that the ordinance is more
19 restrictive than this part and the rules promulgated under this
20 part. The ordinance shall incorporate by reference the rules
21 promulgated under this part that do not conflict with a more
22 restrictive ordinance and may set forth such other matters as the
23 county board of commissioners considers necessary or desirable.
24 The ordinance may provide penalties for a violation of the
25 ordinance that are consistent with section 9121.
26 (4) A copy of a resolution or ordinance adopted under this
27 section and all subsequent amendments to the resolution or
1 ordinance shall be forwarded to the department for the
2 department's review and approval. The department shall forward a
3 copy to the conservation district for that county for review and
4 comment. Not later
than December 31, 2001, the department shall
5 prepare and submit a
report to the standing committees of the
6 senate and the house
of representatives with jurisdiction over
7 issues primarily
related to natural resources and the
8 environment. This
report shall detail the number and the
9 substance of
complaints that have been received by the department
10 related to county
ordinances that have been adopted under
11 subsection (3) that
are more restrictive than this part and the
12 rules promulgated
under this part.
13 (5) Two or more counties may provide for joint enforcement
14 and administration of this part and the rules promulgated under
15 this part by entering into an interlocal agreement pursuant to
16 the urban cooperation act of 1967, 1967 (Ex Sess) PA 7, MCL
17 124.501 to 124.512.
18 (6) Within 3
years after the effective date of the
19 amendatory act that
added this subsection Not later
than January
20 11, 2004, the department shall conduct an initial review of each
21 county's soil erosion and sedimentation control program in
22 accordance with a schedule established by the department. If the
23 department approves a county program, its approval is valid for a
24 5-year period. After the initial review, the department shall
25 conduct a review of a county's program every 5 years. The review
26 shall be conducted at least 6 months before the expiration of
27 each succeeding 5-year period. The department shall approve a
1 county's program if all of the following conditions are met:
2 (a) The county has passed a resolution or enacted an
3 ordinance as provided in this section.
4 (b) The individuals with decision-making authority who are
5 responsible for administering the county program have current
6 certificates of training under section 9123.
7 (c) The county has effectively administered and enforced the
8 county program in the past 5 years or has implemented changes in
9 its administration or enforcement procedures that the department
10 determines will result in the county effectively administering
11 and enforcing the county program. In determining whether the
12 county has met the requirement of this subdivision, the
13 department shall consider all of the following:
14 (i) Whether a mechanism is in place to provide funding to
15 administer the county's program.
16 (ii) Whether the county has conducted adequate inspections to
17 assure minimization of soil erosion and off-site sedimentation.
18 (iii) The effectiveness of the county's past compliance and
19 enforcement efforts.
20 (iv) The adequacy and effectiveness of the applications and
21 soil erosion and sedimentation control plans being accepted by
22 the county.
23 (v) The adequacy and effectiveness of the permits issued by
24 the county and the inspections being performed by the county.
25 (vi) The conditions at construction sites under the
26 jurisdiction of the county as documented by departmental
27 inspections.
1 (7) Following a review under subsection (6), the department
2 shall notify the county of the results of its review and whether
3 the department proposes to approve or disapprove the county's
4 program. Within 30 days of receipt of the notice under this
5 subsection, a county may request and the department shall hold an
6 informal meeting to discuss the review and the proposed action by
7 the department.
8 (8) Following the meeting under subsection (7), if requested,
9 and consideration of the review under subsection (6), if the
10 department does not approve a county's program, the department
11 shall enter an order, stipulation, or consent agreement under
12 section 9112(2) placing the county on probation. In addition, at
13 any time that the department determines that a county that was
14 previously approved by the department under subsection (6) is not
15 satisfactorily administering and enforcing the county's program,
16 the department shall enter into an order, stipulation, or consent
17 agreement under section 9112(2) placing the county on probation.
18 During the 6-month period after a county is placed on probation,
19 the department shall consult with the county on how the county
20 could change its administration of the county program in a manner
21 that would result in its approval.
22 (9) Within 6 months after a county has been placed on
23 probation under subsection (8), the county may notify the
24 department that it intends to hire a consultant to administer the
25 county's program. If, within 60 days after notifying the
26 department, the county hires a consultant that is acceptable to
27 the department, then within 1 year after the county hires the
1 consultant, the department shall conduct a review of the county's
2 program to determine whether or not the county program can be
3 approved.
4 (10) If any of the following occur, the department shall hire
5 a consultant to administer the county's program:
6 (a) The county does not notify the department of its intent
7 to hire a consultant under subsection (9).
8 (b) The county does not hire a consultant that is acceptable
9 to the department within 60 days after notifying the department
10 of its intent to hire a consultant under subsection (9).
11 (c) The county remains unapproved following the department's
12 review under subsection (9).
13 (11) Upon hiring a consultant under subsection (10), the
14 department may establish a schedule of fees for inspections,
15 review of soil erosion and sedimentation control plans, and
16 permits for the county's program that will provide sufficient
17 revenues to pay for the cost of the contract with the consultant,
18 or the department may bill the county for the cost of the
19 contract with the consultant. As used in this subsection, "cost
20 of the contract" means the actual cost of a contract with a
21 consultant. plus
the documented costs to the department in
22 administering the
contract, but not to exceed 10% of the actual
23 cost of the contract.
24 (12) At any time that a county is on probation as provided
25 for in this section, the county may request the department to
26 conduct a review of the county's program. If, upon such review,
27 the county has implemented appropriate changes to the county's
1 program, the department shall approve the county's program. If
2 the department approves a county's program under this subsection,
3 the department shall rescind its order, stipulation, or consent
4 agreement that placed the county on probation.