April 25, 2006, Introduced by Reps. Donigan, Byrnes, Accavitti, Vagnozzi, Hopgood, Kathleen Law, McDowell, Alma Smith, Espinoza, Condino, Tobocman, Lipsey, Angerer, Spade, Byrum, Anderson, Waters, Miller, Polidori, Zelenko, Kolb, Gonzales, Lemmons, Jr., Cushingberry, Bieda, Gleason and Meisner 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 section 32713 (MCL 324.32713), as amended by 2006 PA
33.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 32713. (1) The department may request the attorney
general to commence a civil action for appropriate relief,
including a permanent or temporary injunction, for a violation of
this part or a rule promulgated under this part. An action under
this section shall be brought in the circuit court for the county
of Ingham or for the county in which the defendant is located,
resides, or is doing business. The court has jurisdiction to
restrain the violation and to require compliance.
(2) In addition to any other relief granted under this
section, the court may impose a civil fine as follows:
(a) Except as otherwise provided in this subsection, a civil
fine
of not more than $1,000.00. However,
(b) For a person who knowingly violates section 32721 or 32723
or
the terms of a permit issued under section 32723, is
responsible
for the payment of a civil fine of not more than
$5,000.00 per day of violation.
(c) For a violation of section 32703 or 32703a, a civil fine
of not less than $25,000.00 or more than $3,000,000.00.
(3) In addition to a civil fine under subsection (2), the
attorney general may file a suit in a court of competent
jurisdiction to recover the full value of the costs of surveillance
and enforcement by the state resulting from the violation.