February 14, 2017, Introduced by Senators ANANICH, HOPGOOD and BIEDA and referred to the Committee on Government Operations.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 3101, 3102, 3112, 3113, and 3120 (MCL
324.3101, 324.3102, 324.3112, 324.3113, and 324.3120), section 3101
as amended by 2015 PA 247, section 3112 as amended by 2005 PA 33,
section 3113 as amended by 2004 PA 91, and section 3120 as amended
by 2015 PA 82, and by adding section 3102a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3101. As used in this part:
(a) "Aquatic nuisance species" means a nonindigenous species
that threatens the diversity or abundance of native species or the
ecological stability of infested waters, or commercial,
agricultural, aquacultural, or recreational activities dependent on
such
those waters.
(b) "Ballast water" means water and associated solids taken on
board a vessel to control or maintain trim, draft, stability, or
stresses on the vessel, without regard to the manner in which it is
carried.
(c) "Ballast water treatment method" means a method of
treating ballast water and sediments to remove or destroy living
biological organisms through 1 or more of the following:
(i) Filtration.
(ii) The application of biocides or ultraviolet light.
(iii) Thermal methods.
(iv) Other treatment techniques approved by the department.
(d) "Commission" means the water resources commission created
in section 3102.
(e) (d)
"Department" means the
department of environmental
quality.
(f) (e)
"Detroit consumer price
index" means the most
comprehensive index of consumer prices available for the Detroit
area from the United States Department of Labor, Bureau of Labor
Statistics.
(g) (f)
"Emergency management
coordinator" means that term as
defined in section 2 of the emergency management act, 1976 PA 390,
MCL 30.402.
(h) (g)
"Great Lakes" means the
Great Lakes and their
connecting waters, including Lake St. Clair.
(i) (h)
"Group 1 facility" means
a facility whose discharge is
described by R 323.2218 of the Michigan administrative code.
(j) (i)
"Group 2 facility" means
a facility whose discharge is
described by R 323.2210(y), R 323.2215, or R 323.2216 of the
Michigan administrative code. Group 2 facility does not include a
Group 2a facility.
(k) (j)
"Group 2a facility" means
a facility whose discharge
is described by R 323.2210(y) or R 323.2215 of the Michigan
administrative code and that meets 1 or more of the following:
(i) The facility's discharge is from a coin-operated
laundromat.
(ii) The facility's discharge is from a car wash or vehicle
wash open to the public.
(iii) The facility's discharge is a subsurface sanitary
discharge of fewer than 10,000 gallons per day that does not meet
the terms for authorization under R 323.2211(a) of the Michigan
administrative code.
(iv) The facility's discharge is a seasonal sanitary discharge
from a public park, public or private recreational vehicle park or
campground, or recreational or vacation camp.
(l) (k)
"Group 3 facility" means
a facility whose discharge is
described by R 323.2211 or R 323.2213 of the Michigan
administrative code.
(m) (l) "Local
health department" means that term as defined
in section 1105 of the public health code, 1978 PA 368, MCL
333.1105.
(n) (m)
"Local unit" means a
county, city, village, or
township or an agency or instrumentality of any of these entities.
(o) (n)
"Municipality" means this
state, a county, city,
village, or township, or an agency or instrumentality of any of
these entities.
(p) (o)
"National response
center" means the National
Communications
Center established under the clean water act,
federal
water pollution control act, 33 USC
1251 to 1387, 1388,
located in Washington, DC, that receives and relays notice of oil
discharge or releases of hazardous substances to appropriate
federal officials.
(q) (p)
"Nonoceangoing vessel"
means a vessel that is not an
oceangoing vessel.
(r) (q)
"Oceangoing vessel" means
a vessel that operates on
the Great Lakes or the St. Lawrence waterway after operating in
waters outside of the Great Lakes or the St. Lawrence waterway.
(s) (r)
"Open water disposal of
contaminated dredge materials"
means the placement of dredge materials contaminated with toxic
substances as defined in R 323.1205 of the Michigan administrative
code into the open waters of the waters of the state but does not
include the siting or use of a confined disposal facility
designated by the United States Army Corps of Engineers or beach
nourishment activities utilizing uncontaminated materials.
(t) (s)
"Primary public safety
answering point" means that
term
as defined in section 102 of the emergency telephone 9-1-1
service enabling act, 1986 PA 32, MCL 484.1102.
(u) (t)
"Sediments" means any
matter settled out of ballast
water within a vessel.
(v) (u)
"Sewage sludge" means
sewage sludge generated in the
treatment of domestic sewage, other than only septage or industrial
waste.
(w) (v)
"Sewage sludge
derivative" means a product for land
application derived from sewage sludge that does not include solid
waste or other waste regulated under this act.
(x) (w)
"Sewage sludge generator"
means a person who generates
sewage sludge that is applied to land.
(y) (x)
"Sewage sludge
distributor" means a person who
applies, markets, or distributes, except at retail, a sewage sludge
derivative.
(z) (y)
"St. Lawrence waterway"
means the St. Lawrence River,
the St. Lawrence Seaway, and the Gulf of St. Lawrence.
(aa) (z)
"Threshold reporting
quantity" means that term as
defined in R 324.2002 of the Michigan administrative code.
(bb) (aa)
"Waters of the state"
means groundwaters, lakes,
rivers, and streams and all other watercourses and waters,
including the Great Lakes, within the jurisdiction of this state.
Sec. 3102. (1) The water resources commission is created
within the department.
(2) The commission consists of the following members:
(a) The director of the department.
(b) The director of the department of natural resources.
(c) Eleven members appointed by the governor with the advice
and consent of the senate who represent diverse geographic areas of
this state, as follows:
(i) Two individuals representing commerce and industry.
(ii) Two individuals with medical backgrounds who have
knowledge and expertise in medical issues associated with water
contamination.
(iii) Two individuals representing local units of government.
(iv) Two individuals representing private environmental
protection organizations.
(v) Three individuals representing the general public.
(3) The governor shall appoint members to the commission under
subsection (2)(c) within 30 days after the effective date of the
amendatory act that amended this section.
(4) Members of the commission appointed under subsection
(2)(c) serve for terms of 3 years or until a successor is
appointed, whichever is later, except that of the members first
appointed 3 serve for 1 year, 4 serve for 2 years, and 4 serve for
3 years.
(5) If a vacancy occurs in an appointed seat on the
commission, the governor shall make an appointment for the
unexpired term in the same manner as the original appointment.
(6) The governor may remove a member of the commission for
incompetence, dereliction of duty, malfeasance, misfeasance, or
nonfeasance in office, or any other good cause.
(7) The director of the department shall call the first
meeting of the commission not later than 60 days after the
effective date of the amendatory act that amended this section. At
the first meeting, the commission shall elect from among its
members a chairperson and other officers as it considers necessary
or appropriate. After the first meeting, the commission shall meet
at least quarterly, or more frequently at the call of the
chairperson or if requested by 3 or more members.
(8) A majority of the members of the commission constitute a
quorum for the transaction of business at a meeting of the
commission. A majority of the members present and serving are
required for official action of the commission.
(9) The business that the commission performs must be
conducted at a public meeting of the commission held in compliance
with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.
(10) A writing prepared, owned, used, in the possession of, or
retained by the commission in the performance of an official
function is subject to the freedom of information act, 1976 PA 442,
MCL 15.231 to 15.246.
(11) Members of the commission serve without compensation.
However, members of the commission may be reimbursed for their
actual and necessary expenses incurred in the performance of their
official duties as members of the commission.
(12) The commission shall carry out all responsibilities as
provided in this act and as otherwise provided by law.
(13) The director of the department shall implement this part
under the oversight of the commission.
Sec. 3102a. (1) Notwithstanding any other provision of this
part, the commission shall exercise supervisory authority over all
of the following under this part:
(a) The issuance, denial, revocation, suspension, or
modification of permits.
(b) The promulgation of rules.
(c) The development of department policies.
(2) Notwithstanding any other provision of this part, the
director of the department or the department shall not exercise the
powers listed in subsection (1) without the approval of the
commission.
(3) The commission shall receive complaints of water pollution
that allege a violation of this part, rules promulgated under this
part, or any determination, permit, or order issued under this
part.
(4) In response to a complaint under subsection (3), the
commission may do any of the following:
(a) Require the department to take investigatory or
enforcement action as provided in this part.
(b) Request the attorney general to commence an action in
court as provided in this part.
Sec. 3112. (1) A person shall not discharge any waste or waste
effluent
into the waters of this the
state unless the person is in
possession of a valid permit from the department.
(2)
An application for a permit under subsection (1) shall
must 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 must
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 ensure 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 the
state, the department may notify the alleged offender of its
determination and enter an order requiring the person to abate the
pollution or may 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 issued under this section may file a sworn petition
with
the department commission 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
commission as being untimely.
(6)
Beginning January 1, 2007, all All
oceangoing vessels
engaging
in port operations in this state shall obtain must have 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,
Panel On Aquatic Nuisance
Species, the Great Lakes fishery
commission,
Fishery Commission, the international joint commission,
International
Joint Commission, and the Great Lakes commission
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 The department
shall
assess 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 are the
fees specified in section 3120(1)(a) and (5)(a). The permit fees
for
a general permit issued under this subsection shall be are the
fees specified in section 3120(1)(c) and (5)(b)(i). Permits under
this
subsection shall must be issued in accordance with the
timelines provided in section 3120. The department may promulgate
rules to implement this subsection.
Sec. 3113. (1) A person who seeks a new or increased use of
the waters of the state for sewage or other waste disposal purposes
shall file with the department an application setting forth the
information required by the department, including the nature of the
enterprise or development contemplated, the amount of water
required
to be used , and
its source, the proposed point of
discharge of the wastes into the waters of the state, the estimated
amount
to be discharged, and a statement setting forth the expected
bacterial, physical, chemical, and other known characteristics of
the wastes.
(2) If a permit is granted, the department shall condition the
permit
upon such any restrictions that the department considers
necessary to adequately guard against unlawful uses of the waters
of
the state as are set forth in section 3109.
(3) If the permit or denial of a new or increased use is not
acceptable to the permittee, the applicant, or any other person,
the
permittee, the applicant, or other that
person may file a sworn
petition
with the department commission
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 permit application may be rejected
by
the department commission as being untimely.
Sec. 3120. (1) Until October 1, 2019, an application for a new
permit, a reissuance of a permit, or a modification of an existing
permit under this part authorizing a discharge into surface water,
other
than a storm water discharge, shall must be accompanied by an
application fee as follows:
(a) For an EPA major facility permit, $750.00.
(b) For an EPA minor facility individual permit, a CSO permit,
or a wastewater stabilization lagoon individual permit, $400.00.
(c) For an EPA minor facility general permit, $75.00.
(2) Within 180 days after receipt of a complete application
for a new or increased use permit, the department shall either
grant or deny the permit, unless the applicant and the department
agree to extend this time period.
(3) By September 30 of the year following the submittal of a
complete application for reissuance of a permit, the department
shall either grant or deny the permit, unless the applicant and the
department agree to extend this time period.
(4) If the department fails to make a decision on an
application within the applicable time period under subsection (2)
or (3), the department shall return to the applicant the
application fee submitted under subsection (1) and the applicant
shall
is not be subject to an application fee and the department
shall
receive grant a 15% annual discount on an the annual
permit
fee required for a permit issued based upon that application.
(5) Until October 1, 2019, a person who receives a permit
under this part authorizing a discharge into surface water, other
than a stormwater discharge, is subject to an annual permit fee as
follows:
(a) For an industrial or commercial facility that is an EPA
major facility, $8,700.00.
(b) For an industrial or commercial facility that is an EPA
minor facility, the following amounts:
(i) For a general permit for a low-flow facility, $150.00.
(ii) For a general permit for a high-flow facility, $400.00.
(iii) For an individual permit for a low-flow facility,
$1,650.00.
(iv) For an individual permit for a high-flow facility,
$3,650.00.
(c) For a municipal facility that is an EPA major facility,
the following amounts:
(i) For an individual permit for a facility discharging 500
MGD or more, $213,000.00.
(ii) For an individual permit for a facility discharging 50
MGD or more but less than 500 MGD, $20,000.00.
(iii) For an individual permit for a facility discharging 10
MGD or more but less than 50 MGD, $13,000.00.
(iv) For an individual permit for a facility discharging less
than 10 MGD, $5,500.00.
(d) For a municipal facility that is an EPA minor facility,
the following amounts:
(i) For an individual permit for a facility discharging 10 MGD
or more, $3,775.00.
(ii) For an individual permit for a facility discharging 1 MGD
or more but less than 10 MGD, $3,000.00.
(iii) For an individual permit for a facility discharging less
than 1 MGD, $1,950.00.
(iv) For a general permit for a high-flow facility, $600.00.
(v) For a general permit for a low-flow facility, $400.00.
(e) For a municipal facility that is a CSO facility,
$6,000.00.
(f) For an individual permit for a wastewater stabilization
lagoon, $1,525.00.
(g) For an individual or general permit for an agricultural
purpose, $600.00, unless either of the following applies:
(i) The facility is an EPA minor facility and would qualify
for a general permit for a low-flow facility, in which case the fee
is $150.00.
(ii) The facility is an EPA major facility that is not a
farmers' cooperative corporation, in which case the fee is
$8,700.00.
(h) For a facility that holds a permit issued under this part
but has no discharge and is connected to and is authorized to
discharge only to a municipal wastewater treatment system, an
annual permit maintenance fee of $100.00. However, if a facility
does have a discharge or at some point is no longer connected to a
municipal
wastewater treatment system, the annual permit fee shall
be
is the appropriate fee as otherwise provided in this
subsection.
(6) If the person required to pay an application fee under
subsection (1) or an annual permit fee under subsection (5) is a
municipality, the municipality may pass on the application fee or
the annual permit fee, or both, to each user of the municipal
facility.
(7) The department shall send invoices for annual permit fees
under subsection (5) to all permit holders by December 1 of each
year.
The fee shall must be based on the status of the facility as
of October 1 of that year. A person subject to an annual permit fee
shall pay the fee not later than January 15 of each year. Failure
by the department to send an invoice by the deadline, or failure of
a person to receive an invoice, does not relieve that person of his
or her obligation to pay the annual permit fee. If the department
does not meet the December 1 deadline for sending invoices, the
annual permit fee is due not later than 45 days after receiving an
invoice. The department shall forward annual permit fees received
under this section to the state treasurer for deposit into the
national pollutant discharge elimination system fund created in
section 3121.
(8) The department shall assess a penalty on all annual permit
fee
payments submitted under this section after the due date .
The
penalty
shall be in an amount equal to 0.75% of the payment due for
each month or portion of a month the payment remains past due.
(9) Following payment of an annual permit fee, if a permittee
wishes to challenge its annual permit fee under this section, the
owner or operator shall submit the challenge in writing to the
department. The department shall not process the challenge unless
it is received by the department by March 1 of the year the payment
is
due. A challenge shall must
identify the facility and state the
grounds upon which the challenge is based. Within 30 calendar days
after receipt of the challenge, the department shall determine the
validity of the challenge and provide the permittee with
notification of a revised annual permit fee and a refund, if
appropriate, or a statement setting forth the reason or reasons why
the annual permit fee was not revised. If the owner or operator of
a facility desires to further challenge its annual permit fee, the
owner or operator of the facility has an opportunity for a
contested case hearing before the commission as provided for under
the administrative procedures act of 1969, 1969 PA 306, MCL 24.201
to 24.328.
(10) The attorney general may bring an action for the
collection of the annual permit fee imposed under this section.
(11) As used in this section:
(a) "Agricultural purpose" means the agricultural production
or processing of those plants and animals useful to human beings
produced by agriculture and includes, but is not limited to,
forages and sod crops, grains and feed crops, field crops, dairy
animals and dairy products, poultry and poultry products, cervidae,
livestock, including breeding and grazing, equine, fish and other
aquacultural products, bees and bee products, berries, herbs,
fruits, vegetables, flowers, seeds, grasses, nursery stock, trees
and tree products, mushrooms, and other similar products, or any
other product, as determined by the commission of agriculture and
rural development, that incorporates the use of food, feed, fiber,
or fur. Agricultural purpose includes an operation or facility that
produces wine.
(b) "Combined sewer overflow" means a discharge from a
combined sewer system that occurs when the flow capacity of the
combined sewer system is exceeded at a point prior to the headworks
of a publicly owned treatment works during wet weather conditions.
(c) "Combined sewer system" means a sewer designed and used to
convey both storm water runoff and sanitary sewage, and that
contains lawfully installed regulators and control devices that
allow for delivery of sanitary flow to treatment during dry weather
periods and divert storm water and sanitary sewage to surface
waters during storm flow periods.
(d) "CSO facility" means a facility whose discharge is solely
a combined sewer overflow.
(e) "EPA major facility" means a facility that is designated
by the United States Environmental Protection Agency as being a
major facility under 40 CFR 122.2.
(f) "EPA minor facility" means a facility that is not an EPA
major facility.
(g) "Farmers' cooperative corporation" means a farmers'
cooperative corporation organized within the limitations of section
98 of 1931 PA 327, MCL 450.98.
(h) "General permit" means a permit suitable for use at
facilities meeting eligibility criteria as specified in the permit.
With a general permit, the discharge from a specific facility is
acknowledged through a certificate of coverage issued to the
facility.
(i) "High-flow facility" means a facility that discharges 1
MGD or more.
(j) "Individual permit" means a permit developed for a
particular facility, taking into account that facility's specific
characteristics.
(k) "Industrial or commercial facility" means a facility that
is not a municipal facility.
(l) "Low-flow facility" means a facility that discharges less
than 1 MGD.
(m) "MGD" means 1,000,000 gallons per day.
(n) "Municipal facility" means a facility that is designed to
collect or treat sanitary wastewater, and is either publicly or
privately owned, and serves a residential area or a group of
municipalities.
(o) "Wastewater stabilization lagoon" means a type of
treatment system constructed of ponds or basins designed to
receive, hold, and treat sanitary wastewater for a predetermined
amount of time through a combination of physical, biological, and
chemical processes.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.