March 11, 2003, Introduced by Reps. Farrah, 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, Zelenko, Williams, Jamnick and Kolb 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 section 3101 (MCL 324.3101), as amended by 2001 PA
114, and by adding section 3113c.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 3101. As used in this part:
2 (a) "Aquatic nuisance species" means a nonindigenous species
3 that threatens the diversity or abundance of native species or
4 the ecological stability of infested waters, or commercial,
5 agricultural, aquacultural, or recreational activities dependent
6 on such waters.
7 (b) "Ballast water" means water and associated solids taken
8 on board a vessel to control or maintain trim, draft, stability,
9 or stresses on the vessel, without regard to the manner in which
10 it is carried.
1 (c) "Ballast water treatment method" means a method of
2 treating ballast water and sediments to remove or destroy living
3 biological organisms through 1 or more of the following:
4 (i) Filtration.
5 (ii) The application of biocides or ultraviolet light.
6 (iii) Thermal methods.
7 (iv) Other treatment techniques approved by the department.
8 (d) "Department" means the department of environmental
9 quality.
10 (e) "Detroit consumer price index" means the most
11 comprehensive index of consumer prices available for the Detroit
12 area from the United States department of labor, bureau of labor
13 statistics.
14 (f) "Fund" means the water quality fund created in section
15 3113c.
16 (g) (f) "Great
Lakes" means the Great Lakes and their
17 connecting waters, including lake St. Clair.
18 (h) (g) "Local
unit" means a county, city, village, or
19 township or an agency or instrumentality of any of these
20 entities.
21 (i) (h) "Municipality"
means this state, a county, city,
22 village, or township, or an agency or instrumentality of any of
23 these entities.
24 (j) (i) "Nonoceangoing
vessel" means a vessel that is not
25 an oceangoing vessel.
26 (k) (j) "Oceangoing
vessel" means a vessel that operates on
27 the Great Lakes or the St. Lawrence waterway after operating in
1 waters outside of the Great Lakes or the St. Lawrence waterway.
2 (l) (k) "Sediments"
means any matter settled out of ballast
3 water within a vessel.
4 (m) (l) "Sewage
sludge" means sewage sludge generated in
5 the treatment of domestic sewage, other than only septage or
6 industrial waste.
7 (n) (m) "Sewage
sludge derivative" means a product for land
8 application derived from sewage sludge that does not include
9 solid waste or other waste regulated under this act.
10 (o) (n) "Sewage
sludge generator" means a person who
11 generates sewage sludge that is applied to land.
12 (p) (o) "Sewage
sludge distributor" means a person who
13 applies, markets, or distributes, except at retail, a sewage
14 sludge derivative.
15 (q) (p) "St.
Lawrence waterway" means the St. Lawrence
16 river, the St. Lawrence seaway, and the gulf of St. Lawrence.
17 (r) (q) "Waters
of the state" means groundwaters, lakes,
18 rivers, and streams and all other watercourses and waters,
19 including the Great Lakes, within the jurisdiction of this
20 state.
21 Sec. 3113c. (1) The water quality fund is created within
22 the state treasury.
23 (2) The state treasurer may receive money or other assets
24 from any source for deposit into the fund. The state treasurer
25 shall direct the investment of the fund. The state treasurer
26 shall credit to the fund interest and earnings from fund
27 investments.
1 (3) Money in the fund at the close of the fiscal year shall
2 remain in the fund and shall not lapse to the general fund.
3 (4) The department shall expend money from the fund, upon
4 appropriation, only for the following:
5 (a) Administration of the wastewater discharge permit program
6 under this part.
7 (b) Enforcement of wastewater discharge permits under this
8 part.
9 (c) Water quality monitoring.
10 (d) If money in the fund is available after expenditure of
11 money under subdivisions (a), (b), and (c), for the cleanup of
12 contaminated sediments in the waters of the state.
13 Enacting section 1. This amendatory act does not take
14 effect unless all of the following bills of the 92nd Legislature
15 are enacted into law:
16 (a) Senate Bill No. _______ or House Bill No. 4312
17 (request no. 01005'03 *).
18 (b) Senate Bill No. _______ or House Bill No. 4313
19 (request no. 01019'03 *).
20 (c) Senate Bill No. _______ or House Bill No. 4314
21 (request no. 01020'03 *).