January 25, 2005, Introduced by Senator SWITALSKI 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 3112a (MCL 324.3112a), as amended by 2004 PA
72.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
3112a. (1) Except for sewer systems described in
subsection
(8), if If untreated sewage or partially treated sewage
is directly or indirectly discharged from a sewer system onto land
or into the waters of the state, the person responsible for the
sewer system shall immediately, but not more than 24 hours after
the discharge begins, notify the department; local health
departments as defined in section 1105 of the public health code,
1978 PA 368, MCL 333.1105; a daily newspaper of general circulation
in the county or counties in which a municipality required to be
notified pursuant to subsection (4) is located; and a daily
newspaper of general circulation in the county in which the
discharge occurred or is occurring of all of the following:
(a) Promptly after the discharge starts, by telephone or in
another manner required by the department, that the discharge is
occurring.
(b) At the conclusion of the discharge, in writing or in
another manner required by the department, all of the following:
(i) The volume and quality of the discharge as measured
pursuant to procedures and analytical methods approved by the
department.
(ii) The reason for the discharge.
(iii) The waters or land area, or both, receiving the discharge.
(iv) The time the discharge began and ended as measured
pursuant to procedures approved by the department.
(v) Verification of the person's compliance status with the
requirements of its national pollutant discharge elimination system
permit or groundwater discharge permit and applicable state and
federal statutes, rules, and orders.
(2) Upon being notified of a discharge under subsection (1),
the department shall promptly post the notification on its website.
(3) Each time a discharge to surface waters described in
subsection
(1) occurs, under
subsection (1), the person
responsible for the sewer system shall test the affected waters for
E. coli to assess the risk to the public health as a result of the
discharge
and shall provide the test results to the affected local
county health departments of the affected counties and to the
department. The testing shall be done at locations specified by
each affected
local such county health department but shall not
exceed 10 tests for each separate discharge event. The requirement
for
this testing may be waived by the affected local a county
health
department if the affected local county health department
determines that such testing is not needed to assess the risk to
the public health as a result of the discharge event.
(4) A person responsible for a sewer system that may discharge
untreated sewage or partially treated sewage into the waters of the
state
shall annually contact do
both of the following:
(a) Contact each municipality whose jurisdiction contains
waters that may be affected by the discharge. If those contacted
municipalities wish to be notified in the same manner as provided
in subsection (1), the person responsible for the sewer system
shall provide that notification.
(b) By February 1, provide, to each entity that is required to
be notified under subsection (1) and each municipality that desires
to be notified under subdivision (a), an annual report that
summarizes the information reported under subsection (1) during the
previous calendar year.
(5) A person who is responsible for a discharge of untreated
sewage or partially treated sewage from a sewer system into the
waters of the state shall comply with the requirements of its
national pollutant discharge elimination system permit or
groundwater discharge permit and applicable state and federal
statutes, rules, and orders.
(6) This section does not authorize the discharge of untreated
sewage or partially treated sewage into the waters of the state or
limit the state from bringing legal action as otherwise authorized
by this part.
(7) The penalties and fines provided for in section 3115 apply
to a violation of this section.
(8) For
Subsections (1) to (5) do
not apply to sewer systems
that discharge to the groundwater via a subsurface disposal system,
that do not have a groundwater discharge permit issued by the
department,
and the whose discharge of untreated sewage or
partially
treated sewage is not to surface waters.
, However, the
person responsible for the sewer system shall notify the local
health
department in accordance with subsection (1)(a) and (b). ,
but
the requirements of subsections (2), (3), (4), and (5) do not
apply.
(9) As used in this section:
(a) "Partially treated sewage" means any sewage, sewage and
storm water, or sewage and wastewater, from domestic or industrial
sources that meets 1 or more of the following criteria:
(i) Is not treated to national secondary treatment standards
for
wastewater or that is treated to a level less than that
required by the person's national pollutant discharge elimination
system permit.
(ii) Is treated to a level less than that required by the
person's groundwater discharge permit.
(iii) Is found on the ground surface.
(b) "Sewer system" means a public or privately owned sewer
system designed and used to convey or treat sanitary sewage or
sanitary sewage and storm water. Sewer system does not include an
on-site wastewater treatment system serving 1 residential unit or
duplex.
(c) "Surface water" means all of the following, but does not
include drainage ways and ponds used solely for wastewater
conveyance, treatment, or control:
(i) The Great Lakes and their connecting waters.
(ii) Inland lakes.
(iii) Rivers.
(iv) Streams.
(v) Impoundments.
(vi) Open drains.
(vii) Other surface bodies of water.