May 23, 2007, Introduced by Reps. Hansen, Elsenheimer, Nofs, Booher, Agema, Moss, Sheltrown, Nitz, Caul, Ball, Accavitti, Mayes, Hildenbrand, Casperson, Moore, Hoogendyk, Emmons, Meekhof, Palsrok and Walker and referred to the Committee on Tourism, Outdoor Recreation and Natural Resources.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 3112 and 3122 (MCL 324.3112 and 324.3122),
section 3112 as amended by 2005 PA 33 and section 3122 as added by
2004 PA 90.
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
may 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) A county road commission may each year, upon notification
to the department, make up to 3 applications of oil field brine to
a road within its jurisdiction without obtaining a permit under
this part. If the county road commission desires to make more than
3 applications of oil field brine to a road within its jurisdiction
during a 1-year period, the county road commission shall obtain a
permit under this part.
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 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. However, a county road commission is exempt
from the fee under this subdivision unless it is required to obtain
a permit under section 3112.
(c) For a group 3 facility, $200.00.
(2) Within 180 days after receipt of a complete application
for a groundwater discharge permit subject to an annual groundwater
discharge permit fee under subsection (1), 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.