June 24, 2003, Introduced by Senator EMERSON and referred to the Committee on Appropriations.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 12562 (MCL 333.12562), as amended by 1999
PA 41.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 12562. (1) The
application of necessary chemicals in
2 powder, crystal, or
solution form to the waters of the
state of
3 chemicals necessary for the control of aquatic nuisances, such as
4 swimmers' itch and aquatic plants, is lawful and not in
5 contravention of the private or public rights to the use and
6 enjoyment of abutting property by the owners or occupants of that
7 property if the
application is made in accordance complies with
8 sections 12561 to 12563 and rules promulgated under section
9 12561.
10 (2) The After
obtaining a permit from the department of
1 environmental quality, any of the following may conduct necessary
2 control work authorized pursuant
to under this section: may be
3 conducted by the
4 (a) The state
or a political subdivision. or by an
5 (b) An organized lake or improvement association on behalf of
6 its members. ,
or by the
7 (c) The owner
of property abutting on the waters of the
8 state. , or by
an
9 (d) An aquatic pest control applicator licensed under part 83
10 of the natural resources and environmental protection act, 1994
11 PA 451, MCL 324.8301 to
324.8336. , after obtaining a permit
12 from the department of
environmental quality.
13 (3) A permit required under this section may be obtained by
14 application to the department of environmental quality. Unless
15 revoked, a permit
issued under this section the permit expires
16 on December 31 of the calendar year in which it was issued.
17 (4) (3) The
necessary control work authorized pursuant to
18 under this section shall be conducted at those times, under those
19 conditions, and with those safeguards, as the department of
20 environmental quality
requires. The department of environmental
21 quality may provide
permits, upon application, for the
22 suppression of
swimmers' itch and aquatic plants, if applicants
23 Persons issued permits under this section shall provide at their
24 own expense chemicals and other equipment and services called for
25 in the rules promulgated by the department of environmental
26 quality.
27 (5) (4) Except
as provided in subsection (5), until October
1 1, 2003, an An application for a permit under this section
for
2 control work qualifying for a certificate of coverage under a
3 general permit shall be
accompanied by the following fee: a fee
4 of $75.00. An application for a permit under this section for
5 any other control work shall be accompanied by the following fee,
6 based on the size of the area of impact:
7 (i) Less than 1/2 acre, $75.00.
8 (ii) One-half acre or more but less than 5 acres, $200.00.
9 (iii) Five acres or more but less than 20 acres, $400.00.
10 (iv) Twenty acres or more but less than 100 acres, $800.00.
11 (v) One hundred acres or more, $1,500.00.
12 (a) For treatment
of areas of 1/2 acre or more and less than
13 2 acres, $50.00.
14 (b) For treatment
of areas of 2 acres or more, $150.00.
15 (5) A fee is not
required under this section for owners of a
16 single property
treating waters abutting their property where the
17 treatment area is less
than 1/2 acre, or for water bodies in
18 single ownership.
19 (6) The department of environmental quality shall forward
20 fees collected under this section to the state treasurer for
21 deposit in the land and water management permit fee fund created
22 in section 30113 of the natural resources and environmental
23 protection act, 1994 PA 451, MCL 324.30113.