April 25, 2007, Introduced by Senators BROWN, BIRKHOLZ, GARCIA, JANSEN, BARCIA and KAHN and referred to the Committee on Agriculture.
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, both of the following apply:
(a) The owner or operator shall not increase the number of
animal units at the large CAFO.
(b) The department shall not modify or reissue a permit under
this section or issue a new permit to that owner or operator unless
all of the following conditions are met:
(i) The owner or operator has fully complied with the court's
requirements to conduct any necessary remediation due to the
violation.
(ii) The owner or operator is in compliance with this act and
the rules promulgated under this act.
(iii) The owner or operator is in compliance with subsections
(8) and (9), as appropriate.
(8) Beginning October 1, 2007, subject to subsection (9), 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 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 new large CAFO.
(b) 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.
(c) The owner or operator of a large CAFO that is not in
compliance 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.
(9) 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 based upon a history of violations by the owner or
operator or a history of violations at the large CAFO.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. 448
of the 94th Legislature is enacted into law.