March 22, 2005, Introduced by Senators BIRKHOLZ, SIKKEMA, McMANUS, HAMMERSTROM, VAN WOERKOM, ALLEN, TOY, PATTERSON, BROWN, KUIPERS, JELINEK, GOSCHKA, CROPSEY, PRUSI, STAMAS, BRATER, CASSIS, BISHOP, GILBERT, HARDIMAN, BASHAM, GEORGE, SANBORN, BARCIA, SWITALSKI, EMERSON, CLARKE, OLSHOVE, LELAND, CHERRY, JACOBS, SCHAUER, BERNERO, CLARK-COLEMAN and GARCIA 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 sections 3104 and 3109 (MCL 324.3104 and 324.3109),
section 3104 as amended by 2004 PA 325.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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 substances that consist
of harmful organisms that damage water quality, aquatic habitat, or
fish or wildlife, the department shall facilitate the formation of
a Great Lakes ANS coalition. The Great Lakes ANS coalition shall be
formed through an agreement entered into with other states in the
Great Lakes basin to enforce on a basin-wide basis water pollution
laws that prohibit the discharge of harmful organisms into the
Great Lakes. 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. The department shall seek
funding from the Great Lakes protection fund authorized under part
331 to implement the Great Lakes ANS 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) (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.
(10) As used in this section, "ANS" means aquatic nuisance
species.
Sec. 3109. (1) A person shall not directly or indirectly
discharge into the waters of the state a substance that is or may
become injurious to any of the following:
(a)
To the public health, safety, or welfare, or the
environment.
(b) To domestic, commercial, industrial, agricultural,
recreational, or other uses that are being made or may be made of
such waters.
(c) To the value or utility of riparian lands.
(d) To livestock, wild animals, birds, fish, aquatic life, or
plants
or to the growth, propagation, or the their growth or
propagation. thereof
be prevented or injuriously affected; or
whereby
(e) To
the value of fish and game. is or may be destroyed or
impaired.
(2) The discharge of any raw sewage of human origin, directly
or indirectly, into any of the waters of the state shall be
considered prima facie evidence of a violation of this part by the
municipality in which the discharge originated unless the discharge
is permitted by an order or rule of the department. If the
discharge is not the subject of a valid permit issued by the
department, a municipality responsible for the discharge may be
subject to the remedies provided in section 3115. If the discharge
is the subject of a valid permit issued by the department pursuant
to section 3112, and is in violation of that permit, a municipality
responsible for the discharge is subject to the penalties
prescribed in section 3115.
(3) Unless authorized by a permit, order, or rule of the
department, the discharge into the waters of this state of any
medical waste, as defined in part 138 of the public health code,
Act
No. 368 of the Public Acts of 1978, being sections 333.13801 to
333.13831
of the Michigan Compiled Laws 1978 PA 368, MCL 333.13801
to 333.13831, is prima facie evidence of a violation of this part
and subjects the responsible person to the penalties prescribed in
section 3115.
(4) The department shall promulgate rules regulating the
discharge of substances that contain biological pollutants from
oceangoing vessels. Beginning January 1, 2007, all oceangoing
vessels engaging in port operations in the state of Michigan shall
require a permit from the department. The department shall issue
permits for such discharges only if the applicant can demonstrate
that the discharges meet acceptable levels of biological pollutants
that will not violate subsection (1). Methods used to achieve
acceptable levels of biological pollutants shall be environmentally
sound. The department shall cooperate to the fullest extent
practical with other Great Lakes basin states, the Great Lakes
Canadian 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 that are broadly protective of the waters
of the state and other natural resources.
(5) (4)
A violation of this section is prima facie evidence
of the existence of a public nuisance and in addition to the
remedies provided for in this part may be abated according to law
in an action brought by the attorney general in a court of
competent jurisdiction.