HOUSE BILL No. 4569 April 27, 1999, Introduced by Reps. Baird, Brater, Schauer, Schermesser, Martinez, Mans, DeHart, Dennis, Woodward and Basham and referred to the Committee on Conservation and Outdoor Recreation. A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 3112 and 5510 (MCL 324.3112 and 324.5510). THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 3112. (1) A person shall not discharge any waste or 2 waste effluent into the waters of this state unless the person is 3 in possession of a valid permit from the department. Compliance 4 with the terms of an outstanding order of determination or final 5 order of determination or stipulation with the former water 6 resources commission that is in effect on April 15, 1973, shall 7 be considered to meet the requirements of this section until the 8 department issues its permit. 9 (2) IN DETERMINING WHETHER TO ISSUE A PERMIT UNDER THIS 10 PART, THE DEPARTMENT SHALL CONSIDER AND MAKE WRITTEN FINDINGS ON 11 THE INCREASED HEALTH RISK TO CHILDREN IN THE AREA POSED BY THE 03189'99 TMV 2 1 PROPOSED DISCHARGE AND THE CUMULATIVE HEALTH RISK TO CHILDREN IN 2 THE AREA POSED BY ALL DISCHARGES, INCLUDING THE PROPOSED 3 DISCHARGE. 4 (3) The department shall condition the continued validity of 5 a permit upon the permittee's meeting the effluent requirements 6 that the department considers necessary to prevent unlawful pol- 7 lution by the dates that the department considers to be reason- 8 able and necessary and to assure compliance with applicable fed- 9 eral law and regulations. If the department finds that the terms 10 of a permit have been, are being, or may be violated, it may 11 modify, suspend, or revoke the permit or grant the permittee a 12 reasonable period of time in which to comply with the permit. 13 The department may reissue a revoked permit upon a showing satis- 14 factory to the department that the permittee has corrected the 15 violation. A person who has had a permit revoked may apply for a 16 new permit. 17 (4)(2)If the department determines that a person is 18 causing or is about to cause unlawful pollution of the waters of 19 this state, the department may notify the alleged offender of its 20 determination and enter an order requiring the person to abate 21 the pollution or refer the matter to the attorney general for 22 legal action, or both. 23 (5)(3)A person who is aggrieved by an order of abatement 24 of the department or by the reissuance, modification, suspension, 25 or revocation of an existing permit of the department executed 26 pursuant to this section may file a sworn petition with the 27 commission setting forth the grounds and reasons for the 03189'99 3 1 complaint and asking for a contested case hearing on the matter 2 pursuant to the administrative procedures act of 1969,Act3No. 306 of the Public Acts of 1969, being sections 24.201 to424.328 of the Michigan Compiled Laws1969 PA 306, MCL 24.201 TO 5 24.328. A petition filed more than 60 days after action on the 6 order or permit may be rejected by the commission as being 7 untimely. 8 Sec. 5510. (1) In accordance with this part and rules 9 promulgated under this part, the department may, after notice and 10 opportunity for public hearing, deny or revoke a permit issued 11 under this part if any of the following circumstances exist: 12 (a) Installation, modification, or operation of the source 13 will violate this part, rules promulgated under this part, or the 14 clean air act, unless the source is in compliance with a legally 15 enforceable schedule of compliance contained in a permit or 16 order. 17 (b) Installation, construction, reconstruction, relocation, 18 alteration, or operation of the source presents or may present an 19 imminent and substantial endangerment to human health, safety, or 20 welfare, or the environment. 21 (c) The person applying for the permit makes a false repre- 22 sentation or provides false information during the permit review 23 process. 24 (d) The source has not been installed, constructed, recon- 25 structed, relocated, altered, or operated in a manner consistent 26 with the application for a permit or as specified in a permit. 03189'99 4 1 (e) The person owning or operating the source fails to pay 2 an air quality fee assessed under this part. 3 (f) The person proposes a major offset source or the owner 4 or operator of a proposed major offset modification that owns or 5 operates another source in the state that has the potential to 6 emit 100 tons or more per year of any air contaminant regulated 7 under the clean air act and that source is in violation of this 8 part, rules promulgated under this part, the clean air act, or a 9 permit or order issued under this part, unless the source is in 10 compliance with a legally enforceable schedule of compliance con- 11 tained in a permit or order. 12 (2) IN DETERMINING WHETHER TO ISSUE A PERMIT UNDER THIS 13 PART, THE DEPARTMENT SHALL CONSIDER AND MAKE WRITTEN FINDINGS ON 14 THE INCREASED HEALTH RISK TO CHILDREN IN THE AREA POSED BY THE 15 PROPOSED EMISSIONS AND THE CUMULATIVE HEALTH RISK TO CHILDREN IN 16 THE AREA POSED BY ALL EMISSIONS, INCLUDING THE PROPOSED EMISSION. 03189'99 Final page. 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