November 29, 2006, Introduced by Rep. Pastor and referred to the Committee on Natural Resources, Great Lakes, Land Use, and Environment.
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) "Complete application" means a department-provided
application form is completed and all requested information has
been provided, including all of the following:
(i) The submitted construction plans and specifications are
prepared, signed, and sealed by a licensed professional engineer.
(ii) The application and construction plans and specifications
can be processed for issuance of the permit without additional
information.
(iii) For nongovernmental entities, all necessary contractual
service agreements and financial assurance plans have been approved
by the department.
(b) "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.
(c) "Expedited review" means an expedited review of an
application for a construction permit under the pilot project
established in section 4112.
(d) "Fund" means the infrastructure construction fund created
in section 4113.
(e) (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.
(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), if a person fails to obtain a permit required under this part,
the court shall impose a civil fine of not less than $2,500.00 or
greater than $5,000.00 for the first violation, not less than
$5,000.00 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. For a violation of this part or a provision
of a permit or order issued under this part or rule promulgated
under this part other than the 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, of not less than $1,000.00
or greater than $5,000.00 for any second violation, and of not less
than $2,500.00 or greater than $10,000.00 for any subsequent
violation. In addition to any remedy imposed under this subsection,
the court may also award reasonable attorney fees and costs.
(3)
(1) A Subject to section 4105(3), a person who knowingly
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.
(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) (2)
Each day upon which a violation of this part occurs
is a separate and additional violation for the purpose of this
part.
(6) (3)
The attorney general shall prosecute
all cases
arising
under enforce this part.
, including the recovery of
penalties.
(7) 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) The department shall establish a pilot project
in the counties of Macomb, Oakland, St. Clair, and Wayne that
provides for an expedited review of applications for construction
permits under this part. The pilot project shall begin October 1,
2006 and extend through September 30, 2009. Subject to subsection
(10), a person may request an expedited review for any of the
following projects:
(a) A conventional gravity sewer extension.
(b) A simple pumping station and force main.
(c) A small diameter pressure sewer and grinder pumping
station consisting of not more than 5,000 feet of sewer line and 25
pumping stations.
(2) A person requesting an expedited review shall do all of
the following:
(a) Notify the department electronically, in accordance with
the instructions provided on the department's website, at least 2
weeks prior to submitting a request for expedited review.
(b) Submit a request for expedited review electronically and
include, via credit card, the appropriate fee under subsection (3).
(c) Provide hard copies of the construction plans and
specifications for the project to the department postmarked not
later than the same date that the application is submitted
electronically.
(3) 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, plus $500.00 for each additional 2,000 feet of sewer
line.
(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 a small diameter pressure sewer and grinder pumping
station consisting of more than 2,000 but less than 5,000 feet of
sewer line and not more than 25 grinder pumping stations,
$4,000.00.
(4) Except as provided in subsection (6), if an applicant does
not submit a complete application and the appropriate fee under
subsection (3), or if proper preapplication notification is not
made, 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 submit a
new request for an expedited review with the appropriate fee under
subsection (5). A resubmitted application and request for expedited
review shall not be rejected solely because the department failed
to fully identify the deficiencies in the original application.
(5) For a second submission of an application that originally
failed to meet the requirements specified in subsection (4), the
applicant shall instead include a fee equal to 10% of the fee
specified in subsection (3). If the applicant makes additional
changes other than those items identified by the department as
being deficient, the applicant shall instead include the fee
specified in subsection (3). For the third and each subsequent
submittal of an application that failed to meet the requirements
specified in subsection (4), the applicant shall include the fee
specified in subsection (3).
(6) If an applicant fails to provide a complete application or
the appropriate fee required under this section, the department
shall notify the applicant within 5 business days. 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 (4). The fee for an
expedited review required under this section shall be refunded if
the department fails to meet the deadlines established in
subsection (7).
(7) The department shall review and make a decision on
complete applications submitted in accordance with this section
pursuant to the following schedule:
(a) From October 1, 2006 through September 30, 2007, a permit
decision shall be made within 20 business days of receipt by the
department of the complete application.
(b) From October 1, 2007 through September 30, 2008, a permit
decision shall be made within 15 business days of receipt by the
department of the complete application.
(c) From October 1, 2008 through September 30, 2009, a permit
decision shall be made within 10 business days of receipt by the
department of the complete application.
(8) If the department fails to meet the deadlines specified in
subsection (7), the department shall continue to expedite the
application review process for an application submitted under this
section.
(9) The department shall transmit fees collected under this
section to the state treasurer for deposit into the fund.
(10) 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.
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, 2008 and by January 1 of each year
thereafter until January 1, 2010, 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 in the
previous fiscal year. This report shall include, at a minimum, all
of the following:
(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.