January 27, 2005, Introduced by Rep. Whitmer and referred to the Committee on Natural Resources, Great Lakes, Land Use and Environment.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 3112 and 5510 (MCL 324.3112 and 324.5510),
section 3112 as amended by 2004 PA 91.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3112. (1) A person shall not discharge any waste or waste
effluent into the waters of this state unless the person is in
possession of a valid permit from the department.
(2) An application for a permit under subsection (1) shall be
submitted to the department. Within 30 days after an application
for a new or increased use is received, the department shall
determine whether the application is administratively complete.
Within 90 days after an application for reissuance of a permit is
received, the department shall determine whether the application is
administratively complete. If the department determines that an
application is not complete, the department shall notify the
applicant in writing within the applicable time period. If the
department does not make a determination as to whether the
application is complete within the applicable time period, the
application shall be considered to be complete.
(3) In determining whether to issue a permit under this part,
the department shall consider and make written findings on the
increased health risk to children in the area posed by the proposed
discharge and the cumulative health risk to children in the area
posed by all discharges, including the proposed discharge.
(4) (3) The department shall condition the continued
validity
of a permit upon the permittee's meeting the effluent requirements
that the department considers necessary to prevent unlawful
pollution by the dates that the department considers to be
reasonable and necessary and to assure compliance with applicable
federal law and regulations. If the department finds that the terms
of a permit have been, are being, or may be violated, it may
modify, suspend, or revoke the permit or grant the permittee a
reasonable period of time in which to comply with the permit. The
department may reissue a revoked permit upon a showing satisfactory
to the department that the permittee has corrected the violation. A
person who has had a permit revoked may apply for a new permit.
(5) (4) If the department determines that a person is
causing
or is about to cause unlawful pollution of the waters of this
state, the department may notify the alleged offender of its
determination and enter an order requiring the person to abate the
pollution or refer the matter to the attorney general for legal
action, or both.
(6) (5) A person who is aggrieved by an order of abatement
of
the department or by the reissuance, modification, suspension, or
revocation of an existing permit of the department executed
pursuant to this section may file a sworn petition with the
department setting forth the grounds and reasons for the complaint
and asking for a contested case hearing on the matter pursuant to
the administrative procedures act of 1969, 1969 PA 306, MCL 24.201
to 24.328. A petition filed more than 60 days after action on the
order or permit may be rejected by the department as being
untimely.
Sec. 5510. (1) In accordance with this part and rules
promulgated under this part, the department may, after notice and
opportunity for public hearing, deny or revoke a permit issued
under this part if any of the following circumstances exist:
(a) Installation, modification, or operation of the source
will violate this part, rules promulgated under this part, or the
clean air act, unless the source is in compliance with a legally
enforceable schedule of compliance contained in a permit or order.
(b) Installation, construction, reconstruction, relocation,
alteration, or operation of the source presents or may present an
imminent and substantial endangerment to human health, safety, or
welfare, or the environment.
(c) The person applying for the permit makes a false
representation or provides false information during the permit
review process.
(d) The source has not been installed, constructed,
reconstructed, relocated, altered, or operated in a manner
consistent with the application for a permit or as specified in a
permit.
(e) The person owning or operating the source fails to pay an
air quality fee assessed under this part.
(f)
The person proposes a major offset source or the owner or
operator
of a proposed a
major offset modification that and the
person owns or operates another source in the state that has the
potential to emit 100 tons or more per year of any air contaminant
regulated
under the clean air act and that source is in violation
of this part, rules promulgated under this part, the clean air act,
or a permit or order issued under this part, unless the other
source is in compliance with a legally enforceable schedule of
compliance contained in a permit or order.
(2) In determining whether to issue a permit under this part,
the department shall consider and make written findings on the
increased health risk to children in the area posed by the proposed
emissions and the cumulative health risk to children in the area
posed by all emissions, including the proposed emission.