March 15, 2005, Introduced by Senator KUIPERS and referred to the Committee on Natural Resources and Environmental Affairs.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 5503 (MCL 324.5503) and by adding section
5515a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5503. The department may do 1 or more of the following:
(a) Promulgate rules to establish standards for ambient air
quality and for emissions.
(b) Issue permits for the construction and operation of
sources, processes, and process equipment, subject to enforceable
emission limitations and standards and other conditions reasonably
necessary to assure compliance with all applicable requirements of
this part, rules promulgated under this part, and the clean air
act.
(c) In accordance with this part and rules promulgated under
this part, deny, terminate, modify, or revoke and reissue permits
for cause. If an application for a permit is denied or is
determined to be incomplete by the department, the department shall
state in writing with particularity the reason for the denial or
the
determination of incompleteness, and, if applicable,
the
provision of this part or a rule promulgated under this part that
controls the decision.
(d) Compel the attendance of witnesses at proceedings of the
department upon reasonable notice.
(e)
Make Subject to section
5515a, make findings of fact and
determinations.
(f)
Make Subject to section
5515a, make, modify, or cancel
orders that require, in accordance with this part, the control of
air pollution.
(g) Enforce permits, air quality fee requirements, and the
requirements to obtain a permit.
(h)
Institute Subject to
section 5515a, institute in a court
of competent jurisdiction proceedings to compel compliance with
this part, rules promulgated under this part, or any determination
or order issued under this part.
(i) Enter and inspect any property as authorized under section
5526.
(j) Receive and initiate complaints of air pollution in
alleged violation of this part, rules promulgated under this part,
or any determination, permit, or order issued under this part and,
subject to section 5515a, take action with respect to the complaint
as provided in this part.
(k) Require reports on sources and the quality and nature of
emissions, including, but not limited to, information necessary to
maintain an emissions inventory.
(l) Prepare and develop a general comprehensive plan for the
control or abatement of existing air pollution and for the control
or prevention of any new air pollution.
(m) Encourage voluntary cooperation by all persons in
controlling air pollution and air contamination.
(n) Encourage the formulation and execution of plans by
cooperative groups or associations of municipalities, counties or
districts, or other governmental units, industries, and others who
severally or jointly are or may be the source of air pollution, for
the control of pollution.
(o) Cooperate with the appropriate agencies of the United
States or other states or any interstate or international agencies
with respect to the control of air pollution and air contamination
or for the formulation for the submission to the legislature of
interstate air pollution control compacts or agreements.
(p) Conduct or cause to be conducted studies and research with
respect to air pollution control, abatement, or prevention.
(q) Conduct and supervise programs of air pollution control
education including the preparation and distribution of information
relating to air pollution control.
(r) Determine by means of field studies and sampling the
degree
of air pollution in the this state.
(s) Provide advisory technical consultation services to local
communities.
(t)
Serve as the agency of the this state for the receipt of
money from the federal government or other public or private
agencies and the expenditure of that money after it is appropriated
for the purpose of air pollution control studies or research or
enforcement of this part.
(u)
Do such any other things as that
the department
considers necessary, proper, or desirable to enforce this part, a
rule promulgated under this part, or any determination, permit, or
order issued under this part, or the clean air act.
Sec. 5515a. (1) The department shall not do either of the
following unless the department has received complaints as
described in subsection (2) from 25% or more of the businesses and
households located within a 1/2-mile radius from the emission
source:
(a) Find that a person has violated this part or a rule
promulgated, permit or order issued, or determination made under
this part by causing or permitting an emission that results in an
objectionable odor.
(b) Take or commence any action against a person for violating
this part or a rule promulgated, permit or order issued, or
determination made under this part by causing or permitting an
emission that results in an objectionable odor.
(2) To qualify as a complaint of an objectionable odor under
subsection (1), all of the following must apply:
(a) The complaint is received by the department within 6
months before the department's finding or action.
(b) The complaint is contained in a writing made by a
complaining individual or by the department from information
provided by the complaining individual.
(c) The complaint contains all of the following specific
information:
(i) The name and address of the complaining individual or, if
the complaint is made on behalf of a business, the name and address
of the business.
(ii) The time the odor was detected.
(iii) The nature of the odor.
(iv) The duration of the odor.
(v) How the odor affected the complaining individual's or
another individual's health, safety, or comfort.
(3) If the department takes or commences an action against a
person as described in subsection (1), or if the department takes
or commences an action against a person as the result of a finding
described in subsection (1), and the person prevails in the action,
the department shall pay the person the reasonable costs incurred
in defending against the action.
(4) On or before December 31, 2007, the department shall
promulgate rules that, subject to subsection (1), establish
objective criteria for duration, intensity, and frequency
thresholds for odors to constitute a violation of this part or a
rule promulgated, permit or order issued, or determination made
under this part.
(5) As used in this section:
(a) "Business" means a person or group of related or connected
persons engaged in commerce that operate from the same, contiguous,
or closely located premises.
(b) "Household" means an individual or group of individuals
who reside in a single detached dwelling unit or a single unit of a
multiple dwelling, including a seasonal dwelling, but not including
a motel, hotel, or other transient dwelling.