HB-6668, As Passed House, December 5, 2006

 

 

 

 

 

 

 

 

 

 

 

 

 

SENATE SUBSTITUTE FOR

 

HOUSE BILL NO. 6668

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending sections 4101, 4105, and 4110 (MCL 324.4101, 324.4105,

 

and 324.4110), section 4105 as amended by 2004 PA 325, and by

 

adding sections 4112 and 4113.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 4101. As used in this part:

 

     (a) "Conventional gravity sewer extension" means the

 

installation of a new gravity sewer and connection to an existing

 

collection system to provide sewer service to new areas previously

 

not served by the public sewer system.

 

     (b) "Expedited review" means an expedited review of an

 

application for a construction permit under section 4112.


 

     (c) "Fund" means the infrastructure construction fund created

 

in section 4113.

 

     (d)  (a)  "Governmental agencies" means local units of

 

government, metropolitan districts, or other units of government or

 

the officers of the units of government authorized to own,

 

construct, or operate sewerage systems to serve the public.

 

     (e) "Licensed professional engineer" means a professional

 

engineer licensed under article 20 of the occupational code, 1980

 

PA 299, MCL 339.2001 to 339.2014.

 

     (f)  (b)  "Plans and specifications" means a true description

 

or representation of the entire sewerage system and parts of a

 

system  proposed or operated by a person  as the  same  sewerage

 

system exists or is to be constructed, and also a full and fair

 

statement of how the system is to be operated.

 

     (g) "Project" means a proposal to install within 1 general

 

area a new wastewater collection system. Systems proposed for

 

construction on separate land parcels shall be considered separate

 

projects.

 

     (h)  (c)  "Sewerage system" means a system of pipes and

 

structures including pipes, channels, conduits, manholes, pumping

 

stations, sewage or waste treatment works, diversion and regulatory

 

devices, outfall structures, and appurtenances, collectively or

 

severally, actually used or intended for use by the public for the

 

purpose of collecting, conveying, transporting, treating, or

 

otherwise handling sanitary sewage or other industrial liquid

 

wastes that are capable of adversely affecting the public health.

 

     (i) "Simple pumping station and force main" means the


 

installation of a duplex pumping station and a force main with only

 

1 high point and of length of no more than 2,000 feet that is to be

 

connected to an existing gravity collection system to provide sewer

 

service to new areas previously not served by the public sewer

 

system.

 

     (j) "Small diameter pressure sewer and grinder pumping

 

station" means a single project that includes the installation of

 

new pressure sewers totaling not more than 5,000 feet and not more

 

than 25 grinder pumping stations with each grinder pumping station

 

serving not more than 5 separate owners and that is to be connected

 

to an existing gravity collection system to provide sewer service

 

to new areas previously not served by the public sewer system.

 

     Sec. 4105. (1) The mayor of each city, the president of each

 

village, the township supervisor of each township, the responsible

 

executive officer of a governmental agency, and all other persons

 

operating sewerage systems in this state shall file with the

 

department a true copy of the plans and specifications of the

 

entire sewerage system owned or operated by that person, including

 

any filtration or other purification plant or treatment works as

 

may be operated in connection with the sewerage system, and also

 

plans and specifications of all alterations, additions, or

 

improvements to the systems that may be made. The plans and

 

specifications shall, in addition to all other requirements, show

 

all the sources through or from which water is or may be at any

 

time pumped or otherwise permitted to enter into the sewerage

 

system, and the drain, watercourse, river, or lake into which

 

sewage is to be discharged. The plans and specifications shall be


 

certified by the mayor of a city, the president of a village, a

 

responsible member of a partnership, an individual owner, or the

 

proper officer of any other person that operates  a  the sewerage

 

system, as well as by the engineer, if any are employed by any such

 

operator. The department may promulgate and enforce rules regarding

 

the preparation and submission of plans and specifications and for

 

the issuance and period of validity of construction permits for the

 

work.

 

     (2) A person shall not construct a sewerage system or any

 

filtration or other purification plant or treatment works in

 

connection with a sewerage system except as authorized by a

 

construction permit issued by the department pursuant to part 13.  

 

A person shall not issue a voucher or check or otherwise expend

 

money for such construction unless such a permit has been issued.  

 

An application for a permit shall be submitted by the mayor of a

 

city, the president of a village, a responsible member of a

 

partnership, an individual owner, or the proper officer of any

 

other person proposing the construction. If eligible, a person may

 

request an expedited review of an application for a construction

 

permit under section 4112. An application for a permit shall

 

include plans and specifications as described in subsection (1). If

 

considered appropriate by the department, the department may issue

 

a permit with conditions to correct minor design problems.

 

     (3) The department may verbally approve minor modifications of

 

a construction permit issued by the department as a result of

 

unforeseen site conditions that become apparent during

 

construction. Minor modifications include, but are not limited to,


 

a minor change of location of the sewer or location of manholes.

 

The person making the request for a modification shall provide to

 

the department all relevant information pursuant to R 299.2931 to R

 

299.2945 of the Michigan administrative code and the application

 

form provided by the department related to the requested

 

modification. Written approval from the department shall be

 

obtained for all modifications except when the department provides

 

verbal approval for a minor modification as provided for in this

 

subsection. The person receiving a written or verbal approval from

 

the department shall submit revised plans or specifications to the

 

department within 10 days from the date of approval.

 

     (4) If a person seeks confirmation of the department’s verbal

 

approval of a minor modification under subsection (3), the person

 

shall notify the department electronically, at an address specified

 

by the department, with a detailed description of the request for

 

the modification. The department shall make reasonable efforts to

 

respond within 2 business days, confirming whether the request has

 

been approved or not approved. If the department has not responded

 

within 2 business days after the department receives the detailed

 

description, the verbal approval shall be considered confirmed.

 

     (5)  (3)  A municipal officer or an officer or agent of a  

 

governmental agency, corporation, association, partnership, or

 

individual  person who permits or allows construction to proceed on

 

a sewerage works without a valid permit, or in a manner not in

 

accordance with the plans and specifications approved by the

 

department, is guilty of a misdemeanor punishable by a fine of not

 

more than $500.00 or imprisonment for not more than 90 days, or


 

both.

 

     Sec. 4110. (1) The department may request that the attorney

 

general commence a civil action for appropriate relief, including a

 

permanent or temporary injunction, for a violation of this part or

 

a provision of a permit or order issued under this part or a rule

 

promulgated under this part. An action under this subsection may be

 

brought in the circuit court for the county of Ingham or for the

 

county in which the defendant is located, resides, or is doing

 

business. The court has jurisdiction to restrain the violation and

 

to require compliance.

 

     (2) In addition to any other relief granted under subsection

 

(1), a person who violates this part is subject to the following:

 

     (a) If the person fails to obtain a permit required under this

 

part, the court shall impose a civil fine of not less than

 

$1,500.00 or greater than $2,500.00 for the first violation, not

 

less than $2,500.00 or greater than $10,000.00 for the second

 

violation, and not less than $10,000.00 or greater than $25,000.00

 

for each subsequent violation.

 

     (b) If the person violates this part or a provision of a

 

permit or order issued under this part or rule promulgated under

 

this part other than by failure to obtain a permit, the court shall

 

impose a civil fine of not less than $500.00 or greater than

 

$2,500.00 for the first violation, not less than $1,000.00 or

 

greater than $5,000.00 for the second violation, and not less than

 

$2,500.00 or greater than $10,000.00 for each subsequent violation.

 

For the purposes of this subdivision, all violations of a specific

 

construction permit are treated as a single violation.


 

     (3)  (1) A  Subject to section 4105(5), a person who violates

 

this part or a written order of the department is guilty of a

 

misdemeanor punishable by imprisonment for not more than 90 days or

 

a fine of not  less than $25.00 or  more than  $100.00  $500.00, or

 

both, and payment of the costs of prosecution.

 

     (2) Each day upon which a violation of this part occurs is a

 

separate and additional violation for the purpose of this part.

 

     (4) A law enforcement officer may issue and serve an

 

appearance ticket upon a person for a minor offense pursuant to

 

sections 9c to 9g of chapter IV of the code of criminal procedure,

 

1927 PA 175, MCL 764.9c to 764.9g.

 

     (5)  (3)  The attorney general shall  prosecute all cases

 

arising under  enforce this part.  , including the recovery of

 

penalties.

 

     (6) As used in this section, "minor offense" means a violation

 

of a permit issued under this part that does not functionally

 

impair the operation or capacity of a sewerage system.

 

     Sec. 4112. (1) Not later than October 1, 2007, the department

 

shall establish an expedited review process for construction permit

 

applications for projects described in subsection (2) that are

 

located in a county with a population of between 750,000 and

 

1,000,000 and any contiguous county with a population greater than

 

160,000. The expedited review process shall be available through

 

September 30, 2010. To be eligible for expedited review, an

 

applicant shall submit all of the items under subsection (4) not

 

later than September 30, 2010.

 

     (2) Subject to subsection (3), the following projects are


 

eligible for expedited review:

 

     (a) A conventional gravity sewer extension of 10,000 feet or

 

less of sewer line.

 

     (b) A simple pumping station and force main.

 

     (c) A small diameter pressure sewer and grinder pumping

 

station.

 

     (3) An expedited review shall not be conducted for a project

 

that is being funded by the state water pollution control revolving

 

fund created in section 16a of the shared credit rating act, 1985

 

PA 227, MCL 141.1066a.

 

     (4) A person requesting an expedited review shall do all of

 

the following:

 

     (a) At least 10 business days prior to submitting an

 

application under subdivision (b), notify the department

 

electronically, in accordance with the instructions provided on the

 

department's website, of his or her intent to request expedited

 

review.

 

     (b) Submit electronically a complete application for a

 

construction permit including a request for expedited review and

 

including, via credit card, the appropriate fee under subsection

 

(5).

 

     (c) Provide a written copy of the construction plans and

 

specifications for the project that has been prepared, signed, and

 

sealed by a licensed professional engineer to the department

 

postmarked not later than the same date that the application is

 

submitted electronically.

 

     (d) For nongovernmental entities, provide certification to the


 

department that all necessary contractual service agreements and

 

financial plans are in place.

 

     (5) Except as provided in subsection (7), the fee for an

 

expedited review is as follows:

 

     (a) For a conventional gravity sewer extension less than 2,000

 

feet, $1,000.00.

 

     (b) For a conventional gravity sewer extension equal to or

 

greater than 2,000 feet but less than 4,000 feet of sewer line,

 

$1,500.00, and for each incremental increase of up to 2,000 feet of

 

sewer line, an additional $500.00.

 

     (c) For a simple pumping station and force main, $2,000.00.

 

     (d) For a small diameter pressure sewer and grinder pumping

 

station consisting of not more than 2,000 feet of sewer line and

 

not more than 10 grinder pumping stations, $2,000.00.

 

     (e) For small diameter pressure sewer and grinder pumping

 

station projects not covered by subdivision (d) and not more than

 

5,000 feet of sewer line and not more than 25 grinder pumping

 

stations, $4,000.00.

 

     (6) Except as provided in subsection (8), if an applicant does

 

not comply with subsection (4), the department shall not conduct an

 

expedited review and any submitted fee shall not be refunded.

 

Within 10 business days after receipt of the application, the

 

department shall notify the applicant of the reasons why the

 

department's review of the application will not be expedited. Upon

 

receipt of this notification, a person may correct the deficiencies

 

and resubmit an application and request for an expedited review

 

with the appropriate fee specified under subsection (7). The


 

department shall not reject a resubmitted application and request

 

for expedited review solely because of deficiencies that the

 

department failed to fully identify in the original application.

 

     (7) For a second submission of an application that originally

 

failed to meet the requirements specified in subsection (6), the

 

applicant shall instead include a fee equal to 10% of the fee

 

specified in subsection (5). However, if the deficiency included

 

failure to pay the appropriate fee, the second submission shall

 

include the balance of the appropriate fee plus 10% of the

 

appropriate fee. If the applicant makes additional changes other

 

than those items identified by the department as being deficient,

 

the applicant shall instead include an additional fee equal to the

 

fee specified in subsection (5). For the third and each subsequent

 

submittal of an application that failed to meet the requirements

 

specified in subsection (6), the applicant shall include an

 

additional fee equal to the fee specified in subsection (5).

 

     (8) If an applicant fails to sign the application, submits

 

construction plans and specifications that have not been prepared,

 

signed, and sealed by a licensed professional engineer, or submits

 

an insufficient fee, the department shall notify the applicant

 

within 5 business days of the deficiency. The application shall not

 

be processed until the deficient items are addressed. If the

 

applicant does not provide the deficient items within 5 business

 

days after notification by the department, the application shall be

 

handled as provided in subsection (6).

 

     (9) The department shall review and make a decision on

 

complete applications submitted with a request for expedited review


 

pursuant to the following schedule:

 

     (a) Until September 30, 2008, a permit decision shall be made

 

within 20 business days of receipt by the department of the

 

complete application.

 

     (b) From October 1, 2008 through September 30, 2009, a permit

 

decision shall be made within 15 business days of receipt by the

 

department of the complete application.

 

     (c) From October 1, 2009 through September 30, 2010, a permit

 

decision shall be made within 10 business days of receipt by the

 

department of the complete application.

 

     (10) If the department fails to meet the deadlines specified

 

in subsection (9), the department shall continue to expedite the

 

application review process for an application submitted under this

 

section. However, the fee for an expedited review required under

 

this section shall be refunded if the department fails to meet the

 

deadlines established in subsection (9).

 

     (11) The department shall transmit fees collected under this

 

section to the state treasurer for deposit into the fund.

 

     (12) As used in this section, "complete application" means

 

that a department-provided application form is completed, all

 

requested information has been provided, and the application can be

 

processed without additional information.

 

     Sec. 4113. (1) The infrastructure construction fund is created

 

within the state treasury.

 

     (2) The state treasurer may receive money or other assets from

 

any source for deposit into the fund. The state treasurer shall

 

direct the investment of the fund. The state treasurer shall credit


 

to the fund interest and earnings from fund investments.

 

     (3) Money in the fund at the close of the fiscal year shall

 

remain in the fund and shall not lapse to the general fund.

 

     (4) The department shall expend money from the fund, upon

 

appropriation, only to administer this part and the safe drinking

 

water act, 1976 PA 399, MCL 325.1001 to 325.1023, including all of

 

the following:

 

     (a) Maintenance of program data.

 

     (b) Development of program-related databases and software.

 

     (c) Compliance assistance, education, and training directly

 

related to this part and the safe drinking water act, 1976 PA 399,

 

MCL 325.1001 to 325.1023.

 

     (d) Program administration activities.

 

     (5) By January 1, 2009 and by January 1 of each year

 

thereafter until January 1, 2011, the department shall prepare and

 

submit to the governor, the chairs of the standing committees of

 

the senate and house of representatives with primary responsibility

 

for issues related to natural resources and the environment, and

 

the chairs of the subcommittees of the senate and house

 

appropriations committees with primary responsibility for

 

appropriations to the department a report that details the

 

department's administration of the expedited review process under

 

section 4112 and the expedited review process under section 4a of

 

the safe drinking water act, 1976 PA 399, MCL 325.1004a, in the

 

previous fiscal year. This report shall include, at a minimum, all

 

of the following as itemized for each expedited review process:

 

     (a) The number of requests for expedited review received by


 

the department.

 

     (b) The percentage and number of requests for expedited review

 

that were properly submitted.

 

     (c) The percentage and number of requests for expedited review

 

that were reviewed for completeness within statutory time frames.

 

     (d) The percentage and number of requests for expedited review

 

for which a final action was taken by the department within

 

statutory time frames. The type of final action shall be indicated.

 

     (e) The amount of revenue in the fund at the end of the fiscal

 

year.

 

     (6) For the first 3 years of the expedited review process, the

 

department shall submit quarterly summary reports of items under

 

subsection (5)(a) to (d) to the chairs of the standing committees

 

of the senate and house of representatives with primary

 

responsibility for issues related to natural resources and the

 

environment and the chairs of the subcommittees of the senate and

 

house appropriations committees with primary responsibility for

 

appropriations to the department.

 

     Enacting section 1. This amendatory act does not take effect

 

unless House Bill No. 6577 of the 93rd Legislature is enacted into

 

law.