SB-0447, As Passed Senate, June 20, 2007

SUBSTITUTE FOR

SENATE BILL NO. 447

     A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending section 3112 (MCL 324.3112), as amended by 2005 PA 33.

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) 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.

     (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.

     (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.

     (6) Beginning January 1, 2007, all oceangoing vessels engaging

in port operations in this state shall obtain a permit from the

department. The department shall issue a permit for an oceangoing

vessel only if the applicant can demonstrate that the oceangoing

vessel will not discharge aquatic nuisance species or, if the

oceangoing vessel discharges ballast water or other waste or waste

effluent, that the operator of the vessel will utilize

environmentally sound technology and methods, as determined by the

department, that can be used to prevent the discharge of aquatic

nuisance species. The department shall cooperate to the fullest

extent practical with other Great Lakes basin states, the Canadian

Great Lakes provinces, the Great Lakes panel on aquatic nuisance

species, the Great Lakes fishery commission, the international

joint commission, and the Great Lakes commission to ensure

development of standards for the control of aquatic nuisance

species that are broadly protective of the waters of the state and

other natural resources. Permit fees for permits under this

subsection shall be assessed as provided in section 3120. The

permit fees for an individual permit issued under this subsection

shall be the fees specified in section 3120(1)(a) and (5)(a). The

permit fees for a general permit issued under this subsection shall

be the fees specified in section 3120(1)(c) and (5)(b)(i). Permits

under this subsection shall be issued in accordance with the

timelines provided in section 3120. The department may promulgate

rules to implement this subsection.

     (7) If the owner or operator of a large CAFO is convicted of a

violation of this part or found responsible for a civil violation

of this part by a court, the owner or operator shall not increase

the number of animals at the large CAFO until at least 1 year after

all of the following conditions are met:

     (a) The owner or operator has fully complied with the court's

requirements to conduct any necessary remediation due to the

violation or has completed a schedule of compliance included in the

permit by the department to implement the court's requirements.

     (b) The owner or operator is in compliance with this act and

the rules promulgated under this act or is making progress toward

compliance with this act and the rules promulgated under this act

as provided in a schedule of compliance incorporated into the

permit by the department to bring the large CAFO into compliance

with this act and the rules promulgated under this act.

     (c) The owner or operator is in compliance with subsections

(9) and (10), as appropriate.

     (8) The department shall not modify or reissue a permit under

this section or issue a new permit to an owner or operator of a

large CAFO unless all of the conditions described in subsection

(7)(a) to (c) have been met.

     (9) Subject to subsection (10), the following persons shall

obtain a mechanism of financial assurance, to the satisfaction of

the department, in an amount equal to $100,000.00, that may be

Senate Bill No. 447 as amended June 20, 2007

accessed by the department if necessary to remediate any

environmental harm caused by a violation of a permit issued under

this part:

     (a) The owner or operator of a large CAFO that is first

subject to a permit under this part on or after October 1, 2007.

     (b) The owner or operator of an AFO that expands to become a

large CAFO on or after October 1, 2007.

     (c) The owner or operator of a permitted large CAFO that has

been convicted of a violation of this part or found responsible for

a civil violation of this part by a court.

     (d) The owner or operator of a large CAFO that is not in

conformance with generally accepted agricultural and management

practices for site selection and odor controls as determined by the

department of agriculture under the Michigan right to farm act,

1981 PA 93, MCL 286.471 to 286.474.

     (10) The department may require a mechanism of financial

assurance in an amount greater than $100,000.00 but not more than

$1,000,000.00, if the department determines that a higher amount is

necessary because the owner or operator or the large CAFO has a

history of convictions or court determined findings of violations

under this part.

<<(11) AS USED IN THIS SECTION, "OWNER OR OPERATOR OF A LARGE CAFO" MEANS EITHER THE PERSON ACTUALLY OWNING OR OPERATING THE LARGE CAFO OR A MEMBER OF HIS OR HER IMMEDIATE FAMILY OR A SHAREHOLDER IN THE SAME COMPANY IN WHICH THE OWNER OR OPERATOR HAS A MEMBERSHIP INTEREST IN OR ANY OTHER IMMEDIATE SUCCESSOR IN INTEREST.>>

     Enacting section 1. This amendatory act does not take effect

unless all of the following bills of the 94th Legislature are

enacted into law:

     (a) Senate Bill No. 448.

     (b) Senate Bill No. 504.