SB-0332, As Passed Senate, May 18, 2005

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 332

     A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending sections 3103, 3104, and 3112 (MCL 324.3103, 324.3104,

and 324.3112), sections 3103 and 3112 as amended by 2004 PA 91 and

section 3104 as amended by 2004 PA 325.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 3103. (1) The department shall protect and conserve the

water resources of the state and shall have control of the

pollution of surface or underground waters of the state and the

Great Lakes, which are or may be affected by waste disposal of any

person. The department may make or cause to be made surveys,

studies, and investigations of the uses of waters of the state,

both surface and underground, and cooperate with other governments

and governmental units and agencies in making the surveys, studies,

and investigations. The department shall assist in an advisory

capacity a flood control district that may be authorized by the

legislature. The department, in the public interest, shall appear

and present evidence, reports, and other testimony during the

hearings involving the creation and organization of flood control

districts. The department shall advise and consult with the

legislature on the obligation of the state to participate in the

costs of construction and maintenance as provided for in the

official plans of a flood control district or intercounty drainage

district.

     (2)  The department shall enforce this part and may promulgate

rules as it considers necessary to carry out its duties under this

part. However, notwithstanding any rule-promulgation authority that

is provided in this part, except for rules authorized under section

3112(6), the department shall not promulgate any additional rules

under this part after December 31, 2006.

     (3)  The department may promulgate rules and take other

actions as may be necessary to comply with the federal water

pollution control act,  chapter 758, 86 Stat. 816, 33 USC 1251 to

1252, 1253 to 1254, 1255 to 1257, 1258 to 1270, 1281, 1282 to 1293,

1294 to 1299, 1311 to 1313, 1314 to 1330, 1341 to 1345, 1361 to

1377, and 1381 to 1387, and to expend funds available under such

law for extension or improvement of the state or interstate program

for prevention and control of water pollution. This part shall not

be construed as authorizing the department to expend or to incur

any obligation to expend any state funds for such purpose in excess

of any amount that is appropriated by the legislature.

     (4) Notwithstanding the limitations on rule promulgation under

subsection (2), rules promulgated under this part before January 1,

2007 shall remain in effect unless rescinded.

     Sec. 3104. (1) The department is designated the state agency

to cooperate and negotiate with other governments, governmental

units, and governmental agencies in matters concerning the water

resources of the state, including, but not limited to, flood

control, beach erosion control,  and water quality control

planning, development, and management, and the control of aquatic

nuisance species. The department shall have control over the

alterations of natural or present watercourses of all rivers and

streams in the state to assure that the channels and the portions

of the floodplains that are the floodways are not inhabited and are

kept free and clear of interference or obstruction that will cause

any undue restriction of the capacity of the floodway. The

department may take steps as may be necessary to take advantage of

any act of congress that may be of assistance in carrying out the

purposes of this part, including the water resources planning act,

42 USC 1962 to 1962d-3, and the federal water pollution control

act, 33 USC 1251 to 1387.

     (2) In order to address discharges of aquatic nuisance species

from oceangoing vessels that damage water quality, aquatic habitat,

or fish or wildlife, the department shall facilitate the formation

of a Great Lakes aquatic nuisance species coalition. The Great

Lakes aquatic nuisance species coalition shall be formed through an

agreement entered into with other states in the Great Lakes basin

to implement on a basin-wide basis water pollution laws that

prohibit the discharge of aquatic nuisance species into the Great

Lakes from oceangoing vessels. The department shall seek to enter

into an agreement that will become effective not later than January

1, 2007. The department shall consult with the department of

natural resources prior to entering into this agreement. Upon

entering into the agreement, the department shall notify the

Canadian Great Lakes provinces of the terms of the agreement. The

department shall seek funding from the Great Lakes protection fund

authorized under part 331 to implement the Great Lakes aquatic

nuisance species coalition.

(3)  (2) The department shall report to the governor and to

the legislature at least annually on any plans or projects being

implemented or considered for implementation. The report shall

include requests for any legislation needed to implement any

proposed projects or agreements made necessary as a result of a

plan or project, together with any requests for appropriations. The

department may make recommendations to the governor on the

designation of areawide water quality planning regions and

organizations relative to the governor's responsibilities under the

federal water pollution control act, 33 USC 1251 to 1387.

(4)  (3) A person shall not alter a floodplain except as

authorized by a floodplain permit issued by the department pursuant

to part 13. An application for a permit shall include information

that may be required by the department to assess the proposed

alteration's impact on the floodplain. If an alteration includes

activities at multiple locations in a floodplain, 1 application may

be filed for combined activities.

(5)  (4) Except as provided in subsections (5),  (6), (7),

and  (8)  (9), until October 1, 2008, an application for a

floodplain permit shall be accompanied by a fee of $500.00. Until

October 1, 2008, if the department determines that engineering

computations are required to assess the impact of a proposed

floodplain alteration on flood stage or discharge characteristics,

the department shall assess the applicant an additional $1,500.00

to cover the department's cost of review.

(6)  (5) Until October 1, 2008, an application for a

floodplain permit for a minor project category shall be accompanied

by a fee of $100.00. Minor project categories shall be established

by rule and shall include activities and projects that are similar

in nature and have minimal potential for causing harmful

interference.

(7)  (6) If work has been done in violation of a permit

requirement under this part and restoration is not ordered by the

department, the department may accept an application for a permit

for that work if the application is accompanied by a fee equal to 2

times the permit fee required under subsection (4)  (5) or  (5)

(6).

(8)  (7) The department shall forward fees collected under

this section to the state treasurer for deposit in the land and

water management permit fee fund created in section 30113.

(9)  (8) A project that requires review and approval under

this part and 1 or more of the following is subject to only the

single highest permit fee required under this part or the

following:

     (a) Part 301.

     (b) Part 303.

     (c) Part 323.

     (d) Part 325.

     (e) Section 117 of the land division act, 1967 PA 288, MCL

560.117.

     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.

     Enacting section 1.  This amendatory act does not take effect

unless House Bill No. 4603 of the 93rd Legislature is enacted into

law.