SB-0678, As Passed House, November 12, 2009
June 25, 2009, Introduced by Senators CROPSEY, BARCIA and PAPPAGEORGE and referred to the Committee on Economic Development and Regulatory Reform.
A bill to amend 1955 PA 233, entitled
"An act to provide for the incorporation of certain municipal
authorities to acquire, own, extend, improve, and operate sewage
disposal systems, water supply systems, and solid waste management
systems; to prescribe the rights, powers, and duties thereof; to
authorize contracts between such authorities and public
corporations; to provide for the issuance of bonds to acquire,
construct, extend, or improve the systems; and to prescribe
penalties and provide remedies,"
by amending section 4d (MCL 124.284d), as added by 1985 PA 178.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 4d. (1) Subject to subsections (2) and (3), rules and
regulations
adopted and promulgated under this act are enforceable
by the authority, its constituent municipalities, and
municipalities or Indian tribes that have contracted with the
authority for the furnishing of service pursuant to section 10. A
person charged with enforcement of those rules and regulations may
issue a citation or an appearance ticket to any person who is
reasonably
believed to have violated a rule or regulation adopted
and
promulgated under this act.
(2) The authority shall exercise its enforcement powers under
this act against a violator within a municipality.
(3) A municipality or Indian tribe may exercise its
enforcement powers under this act against a violator in territory
under its jurisdiction.
(4) For the purposes of this section, enforcement powers
include the power to bring an action in a court of competent
jurisdiction to enjoin the violation of a rule or regulation
adopted
and promulgated under this act ,
to bring an action or to
recover
actual damages sustained due to the
violation, of a rule or
regulation
adopted and promulgated under this act, and to be
awarded
costs or both. Costs and fees shall
be awarded in those
actions as provided in sections 2401 to 2461 of the revised
judicature
act of 1961, Act No. 236 of the Public Acts of 1961,
being
sections 1961 PA 236, MCL 600.2401 to 600.2461, of the
Michigan Compiled Laws or other applicable law.