March 11, 2003, Introduced by Reps. Kolb, Vander Veen, Stewart, Dennis, Bieda, Hart, Murphy, Accavitti, Vagnozzi, Paletko, Plakas, Hardman, Condino, McConico, Woodward, Gillard, Whitmer, Gieleghem, Tobocman, Law, Phillips, Hopgood, Minore, Clack, Wojno, Woronchak, Rivet, Lipsey, Sak, Williams, Zelenko and Jamnick and referred to the Committee on Land Use and Environment.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 3111 and 3113 (MCL 324.3111 and 324.3113).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 3111. (1) A person doing business within this state
2 who discharges to the waters of the state or to any sewer system
3 wastewater that contains
wastes in addition to other than
4 sanitary sewage shall file an annual report on a form provided by
5 the department. The report described in this section shall set
6 forth the nature of the enterprise, indicating the quantities of
7 materials used in and incidental to its manufacturing processes
8 and including by-products and waste products that appear on a
9 register of critical materials compiled by the department and the
10 estimated annual total number of gallons of wastewater,
11 including, but not limited to, process and cooling water to be
1 discharged to the waters of the state or to any sewer system.
2 (2) The information collected under subsection (1) shall be
3 used by the department only for purposes of water pollution
4 control. The department shall provide proper and adequate
5 facilities and procedures to safeguard the confidentiality of
6 manufacturing proprietary processes, except that confidentiality
7 shall not extend to waste products discharged to the waters of
8 the state.
9 (3) The department shall compile the information collected
10 under subsection (1) and shall make that compilation available on
11 the department's website.
12 (4) Operations of a business or industry that violate this
13 section may be enjoined by an action commenced by the attorney
14 general in a court of competent jurisdiction.
15 (5) The department shall promulgate rules as it considers
16 necessary to effectuate
the administration of implement this
17 section, including, where
if necessary to meet special
18 circumstances, reporting more frequently than annually.
19 Sec. 3113. (1) A person who seeks a new or increased use of
20 the waters of the state for sewage or other waste disposal
21 purposes shall file with
the department an a permit application
22 setting forth the information required by the department,
23 including the nature of the enterprise or development
24 contemplated, the amount of water required to be used, its
25 source, the proposed point of discharge of the wastes into the
26 waters of the state, the estimated amount to be discharged, and a
27 statement setting forth the expected bacterial, physical,
1 chemical, and other known characteristics of the wastes.
2 (2) Within 180 days after receipt of a complete application
3 under subsection (1), the department shall either grant or deny a
4 permit, unless the applicant and the department agree to extend
5 this time period.
6 (3) The department shall not issue a permit under this
7 section unless the applicant has demonstrated to the satisfaction
8 of the department that all reasonable steps have been taken to
9 prevent the presence of contaminants in the discharge.
10 (4) If a permit is granted, the department shall condition
11 the permit upon such restrictions that the department considers
12 necessary to adequately guard against unlawful uses of the waters
13 of the state as are set forth in section 3109 and the payment of
14 the annual wastewater discharge environmental fee under
15 section 3113b.
16 (5) (3) If
the permit or denial of a new or increased use
17 is not acceptable to the permittee, the applicant, or any other
18 person, the permittee, the applicant, or other person may file a
19 sworn petition with the department setting forth the grounds and
20 reasons for the complaint and asking for a contested case hearing
21 on the matter pursuant to the administrative procedures act of
22 1969, Act No. 306 of
the Public Acts of 1969, being sections
23 24.201 to 24.328 of
the Michigan Compiled Laws 1969
PA 306,
24 MCL 24.201 to 24.328. A petition filed more than 60 days after
25 action on the permit application may be rejected by the
26 commission department as being untimely.
27 Enacting section 1. This amendatory act does not take
1 effect unless all of the following bills of the 92nd Legislature
2 are enacted into law:
3 (a) Senate Bill No. _______ or House Bill No. 4313
4 (request no. 01019'03 *).
5 (b) Senate Bill No. _______ or House Bill No. 4314
6 (request no. 01020'03 *).
7 (c) Senate Bill No. _______ or House Bill No. 4315
8 (request no. 01022'03 *).