HOUSE BILL No. 4937

October 6, 2015, Introduced by Reps. Johnson, Glenn, Graves, Cole, Franz, Chatfield, Kelly, Lane, Vaupel and Howrylak and referred to the Committee on Natural Resources.

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

(MCL 324.101 to 324.90106) by adding section 1513.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1513. (1) Notwithstanding any other provision of this

 

act, but subject to subsection (2), a local unit of government is

 

not subject to a fine for any violation of this act or a rule

 

promulgated or order or permit issued under this act if the local

 

unit of government notified the department of the violation before

 

the department otherwise had knowledge of a potential violation and

 

before the local unit of government had reason to believe that the

 

department was about to obtain knowledge of a potential violation.

 

     (2) Subsection (1) does not apply to a knowing or intentional

 

violation of this act or a rule promulgated or order or permit

 

issued under this act.


 

     (3) As used in this section:

 

     (a) "Department" means the department, agency, or officer

 

authorized by this act to enforce a provision of this act or a rule

 

promulgated or order or permit issued under this act.

 

     (b) "Local unit of government" means a county, township, city,

 

village, or school district or an authority created by any of these

 

pursuant to state law.

 

     (c) "Order" does not include a compliance order.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.