July 14, 2004, Introduced by Reps. Law, Farrah, Bieda, Lipsey, Byrum, Kolb, Tobocman, Anderson, Minore, Jamnick, Gieleghem, Zelenko, Waters, Sak, O'Neil, Vagnozzi, Adamini, Condino, Meisner, Hopgood, Wojno and Cheeks and referred to the Committee on Great Lakes and Tourism.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 3101 (MCL 324.3101), as amended by 2004 PA
90, and by adding section 3109c.
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) "Great Lakes" means the Great Lakes and their connecting
15 waters, including Lake St. Clair.
16 (g) "Group 1 facility" means a facility whose discharge is
17 described by R 323.2218 of the Michigan administrative code.
18 (h) "Group 2 facility" means a facility whose discharge is
19 described by R 323.2210(y), 323.2215, or 323.2216 of the Michigan
20 administrative code.
21 (i) "Group 3 facility" means a facility whose discharge is
22 described by R 323.2211 or 323.2213 of the Michigan
23 administrative code.
24 (j) "Local unit" means a county, city, village, or township
25 or an agency or instrumentality of any of these entities.
26 (k) "Municipality" means this state, a county, city, village,
27 or township, or an agency or instrumentality of any of these
1 entities.
2 (l) "Nonoceangoing vessel" means a vessel that is not an
3 oceangoing vessel.
4 (m) "Oceangoing vessel" means a vessel that operates on the
5 Great Lakes or the St. Lawrence waterway after operating in
6 waters outside of the Great Lakes or the St. Lawrence waterway.
7 (n) "Open water disposal of contaminated dredge materials"
8 means the placement of dredge materials contaminated with toxic
9 substances as defined in R 323.1205 of the Michigan
10 administrative code into the open waters of the Great Lakes but
11 does not include the siting or use of a confined disposal
12 facility designated by the United States army corps of engineers
13 or beach nourishment activities utilizing uncontaminated
14 materials.
15 (o) (n) "Sediments"
means any matter settled out of ballast
16 water within a vessel.
17 (p) (o) "Sewage
sludge" means sewage sludge generated in
18 the treatment of domestic sewage, other than only septage or
19 industrial waste.
20 (q) (p) "Sewage
sludge derivative" means a product for land
21 application derived from sewage sludge that does not include
22 solid waste or other waste regulated under this act.
23 (r) (q) "Sewage
sludge generator" means a person who
24 generates sewage sludge that is applied to land.
25 (s) (r) "Sewage
sludge distributor" means a person who
26 applies, markets, or distributes, except at retail, a sewage
27 sludge derivative.
1 (t) (s) "St.
Lawrence waterway" means the St. Lawrence
2 river, the St. Lawrence seaway, and the gulf of St. Lawrence.
3 (u) (t) "Waters
of the state" means groundwaters, lakes,
4 rivers, and streams and all other watercourses and waters,
5 including the Great Lakes, within the jurisdiction of this
6 state.
7 Sec. 3109c. Notwithstanding any other provision of this
8 part or the rules promulgated under this part, the open water
9 disposal of contaminated dredge materials is prohibited.