February 3, 2005, Introduced by Senator McMANUS 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 3122 (MCL 324.3122), as added by 2004 PA 90,
and by adding section 3123a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3122. (1) Until October 1, 2007, the department may levy
and collect an annual groundwater discharge permit fee from
facilities that discharge wastewater to the ground or groundwater
of
this state pursuant to section 3112.
The Except as provided
in section 3123a, the fee shall be as follows:
(a) For a group 1 facility, $3,650.00.
(b) For a group 2 facility or a municipality of 1,000 or fewer
residents, $1,500.00.
(c) For a group 3 facility, $200.00.
(2) Within 180 days after receipt of a complete application,
the department shall either grant or deny a permit, unless the
applicant and the department agree to extend this time period. If
the department fails to make a decision on an application within
the time period specified or agreed to under this subsection, the
applicant shall receive a 15% annual discount on an annual
groundwater discharge permit fee for a permit issued based upon
that application. This subsection applies to permit applications
received beginning October 1, 2005.
(3) If the person required to pay the annual groundwater
discharge permit fee under subsection (1) is a municipality, the
municipality may pass on the annual groundwater discharge permit
fee to each user of the municipal facility.
(4) As used in this section, "group 1 facility", "group 2
facility", and "group 3 facility" do not include a municipality
with a population of 1,000 or fewer residents.
Sec. 3123a. (1) Upon petition submitted to the director not
later than February 1 of any year, the director of the department
may grant a reduction in a groundwater discharge permit fee under
section 3122 if the director determines that such a reduction is
warranted due to a consideration of all of the following:
(a) The amount of the fee in proportion to the amount of the
discharge.
(b) The amount of the fee in proportion to the toxicity of the
discharge.
(c) For a business, the amount of the fee in proportion to the
net worth of the business from which the discharge occurs.
(d) Other extenuating circumstances related to the activities
resulting in the discharge.
(2) The director shall make a decision on a petition submitted
under subsection (1) not later than February 15 of the year the
petition was received and shall provide written notice of that
decision to the petitioner. If the director determines that a
reduction in the groundwater discharge permit fee is warranted, the
director shall specify the amount of the reduced fee in the notice.
The petitioner shall pay the groundwater discharge environmental
fee within the time period required under section 3123.