SB-0129, As Passed House, April 25, 2017

SB-0129, As Passed Senate, March 9, 2017

SENATE BILL No. 129

February 9, 2017, Introduced by Senator CASPERSON and referred to the Committee on Natural Resources.

A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending sections 3118, 9115, and 63201 (MCL 324.3118, 324.9115,

and 324.63201), section 3118 as amended by 2015 PA 82, section 9115

as amended by 2011 PA 214, and section 63201 as added by 2004 PA

449, and by adding part 634.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 3118. (1) Except as otherwise provided in this section,

until October 1, 2019, the department shall collect ~~storm water~~

stormwater discharge fees from persons who apply for or have been

issued ~~storm water~~ stormwater discharge permits as follows:

(a) A 1-time fee of $400.00 is required for a permit related

solely to a site of construction activity for each permitted site.

The fee shall be submitted by the permit applicant with his or her

application for an individual permit or for a certificate of

coverage under a general permit. For a permit by rule, the fee

shall be submitted by the construction site permittee along with

his or her notice of coverage. A person needing more than 1 permit

may submit a single payment for more than 1 permit and receive

appropriate credit. Payment of the fee under this subdivision or

verification of prepayment is a necessary part of a valid permit

application or notice of coverage under a permit by rule.

(b) An annual fee of $260.00 is required for a permit related

solely to a ~~storm water~~ stormwater discharge associated with

industrial activity or from a commercial site for which the

department determines a permit is needed.

municipal separate storm sewer system, unless the permit is issued

to a city, a village, a township, or a county or is a single permit

authorization for municipal separate storm sewer systems in

multiple locations statewide.

(d) An annual fee for a permit for a municipal separate storm

sewer system issued to a city, village, or township shall be

determined by its population in an urbanized area as defined by the

United States Bureau of the Census. The fee shall be based on the

latest available decennial census as follows:

(i) For a population of 1,000 people or fewer, the annual fee

is $500.00.

(ii) For a population of more than 1,000 people, but fewer

than 3,001 people, the annual fee is $1,000.00.

(iii) For a population of more than 3,000 people, but fewer

than 10,001 people, the annual fee is $2,000.00.

(iv) For a population of more than 10,000 people, but fewer

than 30,001 people, the annual fee is $3,000.00.

(v) For a population of more than 30,000 people, but fewer

than 50,001 people, the annual fee is $4,000.00.

(vi) For a population of more than 50,000 people, but fewer

than 75,001 people, the annual fee is $5,000.00.

(vii) For a population of more than 75,000 people, but fewer

than 100,001 people, the annual fee is $6,000.00.

(viii) For a population of more than 100,000 people, the

annual fee is $7,000.00.

(e) An annual fee of $3,000.00 is required for a permit for a

municipal separate storm sewer system issued to a county.

(f) An annual fee for a single municipal separate storm sewer

systems permit authorizing a state or federal agency to operate

municipal separate storm sewer systems in multiple locations

statewide shall be determined in accordance with a memorandum of

understanding between that state or federal agency and the

department and shall be based on the projected needs by the

department to administer the permit.

(2) A ~~storm water~~ stormwater discharge permit is not required

for a municipality that does not own or operate a separate storm

sewer system. The department shall not collect ~~storm water~~

stormwater discharge fees under this section from a municipality

that does not own or operate a separate storm sewer system.

(3) Permit fees required under this section are nonrefundable.

(4) A person possessing a permit not related solely to a site

of construction activity as of January 1 shall be assessed a fee.

The department shall notify those persons of their fee assessments

by February 1. Payment shall be postmarked no later than March 15.

Failure by the department to send a fee assessment notification by

the deadline, or failure of a person to receive a fee assessment

notification, does not relieve that person of his or her obligation

to pay the fee. If the department does not meet the February

deadline for sending the fee assessment, the fee assessment is due

not later than 45 days after the permittee receives a fee

notification.

(5) If a ~~storm water~~ stormwater permit is issued for a

drainage district, the drainage district is responsible for the

applicable fee under this section.

(6) The department shall assess interest on all fee payments

submitted under this section after the due date. The permittee

shall pay an additional amount equal to 0.75% of the payment due

for each month or portion of a month the payment remains past due.

(7) The department shall forward all fees and interest

payments collected under this section to the state treasurer for

deposit into the fund.

(8) The department shall make payment of the required fee

assessed under this section a condition of issuance or reissuance

of a permit not related solely to a site of construction activity.

(9) In addition to any other penalty provided in this part, if

a person fails to pay the fee required under this section by its

due date, the person is in violation of this part and the

department may undertake enforcement actions as authorized under

this part.

(10) The attorney general may bring an action to collect

overdue fees and interest payments imposed under this section.

(11) If the permit is for a municipal separate storm sewer

system and the population served by that system is different than

that determined by the latest decennial census, the permittee may

appeal the annual fee determination and submit written verification

of actual population served by the municipal separate storm sewer

system.

(12) A person who wishes to appeal either a fee or a penalty

assessed under this section is limited to an administrative appeal,

in accordance with section 631 of the revised judicature act of

1961, 1961 PA 236, MCL 600.631. The appeal shall be filed within 30

days of the department's fee notification under subsection (4).

(13) As used in this section and section 3119:

(a) "Certificate of coverage" means a document issued by the

department that authorizes a discharge under a general permit.

(b) "Clean water act" means the federal water pollution

control act, 33 USC 1251 to ~~1387.~~1376.

disturbance in the existing cover or topography of land that is 5

acres or more in size, for which a national permit is required

pursuant to 40 CFR 122.26(a), and which is described as a

construction activity in 40 CFR ~~122.26(b)(14)(~~x). 122.26(b)(14)(x).

Construction activity includes clearing, grading, and excavating

activities. Construction activity does not include the practice of

clearing, plowing, tilling soil, and harvesting for the purpose of

crop production.

(d) "Fee" means a ~~storm water~~ stormwater discharge fee

authorized under this section.

(e) "Fund" means the ~~storm water~~ stormwater fund created in

section 3119.

(f) "General permit" means a permit issued authorizing a

category of similar discharges.

(g) "Individual permit" means a site-specific permit.

(h) "Municipal separate storm sewer system" means all separate

storm sewers that are owned or operated by the United States or a

state, city, village, township, county, district, association, or

other public body created by or pursuant to state law, having

jurisdiction over disposal of sewage, industrial wastes, ~~storm~~

~~water,~~ stormwater, or other wastes, including special districts

under state law, such as a sewer district, flood control district,

or drainage district or similar entity, or a designated or approved

management agency under section 208 of the clean water act, 33 USC

1288, that discharges to waters of the state. Municipal separate

storm sewer system includes systems similar to separate storm sewer

systems in municipalities, such as systems at military bases, large

hospital or prison complexes, and highways and other thoroughfares.

Municipal separate storm sewer system does not include separate

storm sewers in very discrete areas, such as individual buildings.

(i) "Notice of coverage" means a notice that a person engaging

in construction activity agrees to comply with a permit by rule for

that activity. A notice of coverage is not required to include a

copy of an individual permit issued under part 91 if the notice of

coverage includes a copy of a permit for the construction activity

issued under part 615, 625, 631, 632, or 634, along with any forms

or diagrams pertaining to soil erosion and sedimentation control

that were part of the application for that permit.

(j) "Permit", unless the context implies otherwise, or ~~"storm~~

~~water~~ "stormwater discharge permit" means a permit authorizing the

discharge of wastewater or any other substance to surface waters of

the state under the national pollutant discharge elimination

system, pursuant to the clean water act or this part and the rules

and regulations promulgated under that act or this part.

(k) "Public body" means the United States, ~~the state of~~

~~Michigan,~~ this state, a city, village, township, county, school

district, public college or university, or single purpose

governmental agency, or any other body that is created by federal

or state statute or law.

(l) "Separate storm sewer system" means a system of drainage,

including, but not limited to, roads, catch basins, curbs, gutters,

parking lots, ditches, conduits, pumping devices, or man-made

channels, that has the following characteristics:

(i) The system is not a combined sewer where ~~storm water~~

stormwater mixes with sanitary wastes.

(ii) The system is not part of a publicly owned treatment

works.

(m) "~~Storm water"~~ "Stormwater" means ~~storm water~~ stormwater

runoff, snowmelt runoff, and surface runoff and drainage.

(n) ~~"Storm water~~ "Stormwater discharge associated with

industrial activity" means a point source discharge of ~~storm water~~

stormwater from a facility that is defined as an industrial

activity under 40 CFR ~~122.26(b)(14)(~~i~~) to (~~ix~~) and~~

(xi).122.26(b)(14)(i) to (ix) and (xi).

Sec. 9115. (1) Subject to subsection (2), a person engaged in

the logging industry, the mining industry, or the plowing or

tilling of land for the purpose of crop production or the

harvesting of crops is not required to obtain a permit under this

part. However, all earth changes associated with the activities

listed in this section shall conform to the same standards as if

they required a permit under this part. The exemption from

obtaining a permit under this subsection does not include either of

the following:

(a) Access roads to and from the site where active mining or

logging is taking place.

(b) Ancillary activities associated with logging and mining.

(2) This part does not apply to a metallic mineral mining

activity that is regulated under a mining and reclamation plan

under part 631 or 634 or a mining, reclamation, and environmental

protection plan under part 632, if the plan contains soil erosion

and sedimentation control provisions and is approved by the

department. ~~under part 631 or 632, respectively.~~

(3) A person is not required to obtain a permit from a county

enforcing agency or a municipal enforcing agency for earth changes

associated with well locations, surface facilities, flowlines, or

access roads relating to oil or gas exploration and development

activities regulated under part 615 or mineral well exploration and

development activities regulated under part 625, if the application

for a permit to drill and operate ~~under part 615~~ contains a soil

erosion and sedimentation control plan that is approved by the

department under part 615 or 625. However, those earth changes

shall conform to the same standards as required for a permit under

this part. This subsection does not apply to a multisource

commercial hazardous waste disposal well as defined in section

62506a.

(4) As used in this section, "mining" does not include the

removal of clay, gravel, sand, peat, or topsoil.

Sec. 63201. As used in this part:

(a) "Administratively complete" ~~means~~ describes an application

for a mining permit under this part that ~~is determined by the~~

~~department to contain~~ contains all of the documents and information

required under this part and any rules promulgated under this part.

(b) "Affected area" means an area outside of the mining area

where the land surface, surface water, groundwater, or air

resources are determined through an environmental impact assessment

to be potentially affected by mining operations within the proposed

mining area.

quality.

(d) "Emergency management coordinator" means that term as

defined in section 2 of the emergency management act, 1976 PA 390,

MCL 30.402.

(e) "Fund" means the nonferrous metallic mineral surveillance

fund created in section 63217.

(f) "Metallic product" means a commercially salable mineral

produced primarily for its nonferrous metallic mineral content in

its final marketable form or state.

(g) "Mining", except as provided in subdivision (h), means the

excavation or removal of more than 10,000 tons of earth material in

a calendar year or disturbing more than 1 acre of land in a

calendar year in the regular operation of a business for the

purpose of extracting a nonferrous metallic mineral or minerals by

1 or both of the following:

(i) Removing the overburden lying above natural deposits of a

mineral and excavating directly from the natural deposits thus

exposed or by excavating directly from deposits lying exposed in

their natural state.

(ii) Excavating from below the surface of the ground by means

of shafts, tunnels, or other subsurface openings.

(h) Mining does not include an operation that is subject to

part 634.

(i) ~~(h)~~ "Mining area" means an area of land from which earth

material is removed in connection with nonferrous metallic mineral

mining, the lands on which material from that mining is stored or

deposited, the lands on which beneficiating or treatment plants and

auxiliary facilities are located, the lands on which the water

reservoirs used in the nonferrous metallic mineral mining process

are located, and auxiliary lands that are used in connection with

the mining.

(j) ~~(i)~~ "Mining permit" means a permit issued under this part

for conducting nonferrous metallic mineral mining and reclamation

operations.

(k) ~~(j)~~ "Nonferrous metallic mineral" means any ore or

material to be excavated from the natural deposits on or in the

earth for its metallic content, but not primarily for its iron or

iron mineral content, to be used for commercial or industrial

purposes.

(l) ~~(k)~~ "Nonferrous metallic mineral operator" or "operator"

means a permittee or other person who is engaged in, or who is

preparing to engage in, mining operations for nonferrous metallic

minerals, whether individually or jointly, or through agents,

employees, or contractors.

(m) (l) "Permittee" means a person who holds a mining permit.

(n) ~~(m)~~ "Postclosure monitoring period" means a period

following closure of a nonferrous metallic mineral mine during

which the permittee is required to conduct monitoring of

groundwater and surface water.

(o) ~~(n)~~ "Stockpile" means material, including, but not limited

to, surface overburden, rock, or lean ore, that in the process of

mining and beneficiation or treatment has been removed from the

earth and stored on the surface. Stockpile does not include

materials that are being treated in the production of metallic

products and the metallic product that has been produced by that

operation.

(p) ~~(o)~~ "Tailings basin" means land on which is deposited, by

hydraulic or other means, the material that is separated from the

metallic product in the beneficiation or treatment of minerals

~~including~~ and includes any surrounding dikes constructed to contain

the material.

PART 634

SMALL NATIVE COPPER MINES

Sec. 63401. As used in this part:

(a) "Administratively complete" refers to an application for a

mining permit under this part that includes the fee and all of the

documents and other information required under this part and any

rules promulgated under this part.

(b) "Conformance bond" means a surety bond that has been

executed by a surety company authorized to do business in this

state, cash, a certificate of deposit, a letter of credit, or other

security filed by a person and accepted by the department to ensure

compliance with this part or rules promulgated under this part.

quality.

(d) "Fund" means the small native copper mine surveillance

fund created in section 63415.

(e) "Life of the mine" means the period from initiation of

mining activities through the completion of reclamation.

(f) "Mine" or "mining" means an operation to excavate or

remove earth material that generates not less than 10,000 tons and

not more than 75,000 tons of waste rock in a calendar year or

disturbs not less than 1 acre and not more than 10 acres of land in

a calendar year in the regular operation of a business for the

primary purpose of extracting native copper by 1 or both of the

following:

(i) Removing the overburden lying above natural deposits of

native copper and excavating directly from the natural deposits

thus exposed or by excavating directly from deposits lying exposed

in their natural state.

(ii) Excavating from below the surface of the ground by means

of shafts, tunnels, or other subsurface openings.

(g) "Mining activity" means any of the following activities

within a mining area for the purpose of, or associated with,

mining:

(i) Clearing and grading of land.

(ii) Drilling and blasting.

(iii) Excavation of earth materials to access or remove ore.

(iv) Crushing, grinding, or separation activities.

(v) Reclamation.

(vi) Transportation of overburden, waste rock, ore, and

tailings within the mining area.

(vii) Storage, relocation, and disposal of overburden, waste

rock, ore, and tailings within a mining area, including backfilling

of mined areas.

(viii) Construction of water impoundment and drainage

features.

(ix) Construction of haul roads.

(x) Construction of utilities or extension of existing

utilities.

(xi) Withdrawal, transportation, and discharge of water in

connection with mining.

(h) "Mining area" means all of the following:

(i) Land from which material is removed by surface or open pit

mining methods.

(ii) Land on which adits, shafts, or other openings between

the land surface and underground mine workings are located.

(iii) Land on which material from mining is deposited.

(iv) Land on which crushing, grinding, or separation

facilities are located.

(v) Land on which water reservoirs used in connection with

mining are located.

(i) "Mining permit" or "permit" means a permit issued under

section 63405 for conducting mining activities.

(j) "Native copper" means copper in its elemental form.

(k) "Operator" means a person that is engaged in or preparing

to engage in mining activities, whether individually or jointly, or

through agents, employees, or contractors, and that has overall

responsibility for the mining activities.

(l) "Permittee" means a person that holds a mining permit.

(m) "Waste rock" means earth material that is excavated during

mining, from which the economically recoverable native copper has

been separated, and that is stored on the surface for 1 year or

more. Waste rock does not include earth material from excavation or

grading done in preparation for commencement of mining.

Sec. 63403. (1) The department shall administer and enforce

this part. In addition to other powers granted to it, the

department may promulgate rules it considers necessary to carry out

its duties under this part.

(2) The department may enter at any reasonable time in or upon

a mining area for the purpose of inspecting and investigating

conditions relating to mining activities.

(3) Subject to subsections (4) and (5), a local unit of

government shall not regulate or control mining or reclamation

activities that are subject to this part, including construction,

operation, closure, postclosure monitoring, reclamation, and

remediation activities, and does not have jurisdiction concerning

the issuance of permits for those activities.

(4) A local unit of government may enact, maintain, and

enforce ordinances or regulations affecting mining if the

ordinances or regulations do not duplicate, contradict, or conflict

with this part and are reasonable in accommodating customary mining

activities.

(5) Subsections (3) and (4) do not prohibit a local unit of

government from conducting water quality monitoring.

Sec. 63405. (1) A person shall not engage in mining activities

except as authorized by a mining permit issued by the department. A

separate mining permit is required for each mine.

(2) An application for a mining permit shall be submitted by

the operator to the department on a form prescribed by the

department. The application shall include all of the following:

(a) A permit application fee of $5,000.00. The department

shall forward the permit application fee to the state treasurer for

deposit in the fund.

(b) Provisions for a conformance bond as described in section

63409.

(3) that addresses mining activities proposed in the application.

(3) The mining and reclamation plan required in subsection (2)

Senate Bill No. 129 as amended March 7 and 9, 2017

shall include all of the following:

(a) A map or maps showing the locations and dimensions of the

following:

(i) Proposed adits, shafts, underground mine workings, and

surface pits.

(ii) Proposed overburden, waste rock, and ore stockpiles.

(iii) Any crushing, grinding, or separation equipment that

will be utilized.

(b) A description of the mining methods that will be utilized.

erosion and sedimentation during mining activities.

(d) A map and description of fencing or other techniques to

minimize public safety hazards.

(e) Plans and schedules for reclamation of the mining area

following cessation of mining activities. The plans and schedules

shall address mining activities proposed in the application and

provide for grading, revegetation, and stabilization that will do

all of the following:

(i) Minimize soil erosion and sedimentation.

(ii) Protect public safety.

(iii) Establish conditions that promote future beneficial use

and do not require perpetual care.

<<(f) Plans and schedules for baseline water quality sampling,

which must be conducted before mining commences. Samples shall be

collected from the existing water supply wells available for sampling

and located within 1,320 feet of the proposed mining area. However,

samples are not required from more than 3 such water supply wells.

In addition, samples shall be collected from the nearest surface

water body located within 1,320 feet of the proposed mining area,

if any. The samples shall be analyzed for pH, copper, and nitrate using

laboratory methods approved by the United States Environmental

Protection Agency.>>

(4) Within 7 days after receiving an application for a mining

permit, the department shall give notice in writing to the county

and municipality where the mine is proposed to be located of the

specific location of the proposed mine. Within 14 days after

receiving an application for a mining permit, the department shall

publish notice of the application in a newspaper of local

distribution in the area of the proposed mine and shall post a copy

of the application on its website.

(5) Subject to subsection (6), effective 14 days after the

department receives an application for a mining permit, the

application shall be considered to be administratively complete.

(6) If, before the date indicated by subsection (5), the

department notifies the applicant that the application is not

administratively complete, specifying the information or fee

necessary to make the application administratively complete, the

running of the 14-day period under subsection (5) is tolled until

the applicant submits to the department the specified information

or fee.

(7) Subject to subsection (8), the department shall grant or

deny a mining permit within 45 days after an application is

considered or determined to be administratively complete under

subsection (5) or (6). If a mining permit is denied, the reasons

shall be stated in a written report to the applicant.

(8) If the department determines that information in the

application is insufficient to determine whether a permit may be

granted, the department may request additional information or

clarification from the applicant. The 45-day period under

subsection (7) is tolled until the applicant submits the requested

information.

Sec. 63407. (1) A mining permit is valid for the life of the

mine. However, the department may revoke a permit if the permittee

has not commenced mining activities covered by the permit within 3

years after the date of issuance of the permit.

(2) The department may terminate a mining permit upon request

of the permittee if the department determines that the permittee

has complied with all applicable provisions of this part.

(3) A mining permit may be transferred with approval of the

department. The person seeking to acquire the permit shall submit a

request for transfer of the permit to the department on forms

provided by the department. The person acquiring the permit shall

accept the conditions of the existing permit and adhere to the

requirements set forth in the approved mining and reclamation plan

and provide a conformance bond as set forth in section 63409.

Pending the transfer of the existing permit, the person seeking to

acquire the permit shall not operate the mine.

(4) A mining permit shall not be transferred to a person who

has been determined by the department to be in violation of this

part, rules promulgated under this part, or a condition of a permit

issued under this part, until the person acquiring the permit has

corrected the violation or the department has accepted a compliance

schedule and the person that will acquire the permit has entered

into a written consent agreement to correct the violation.

(5) If the permittee has been notified by the department of a

violation of this part, rules promulgated under this part, or a

condition of the permit issued under this part at the mining area

involved in the transfer, the mining permit shall not be

transferred to a person until the permittee has corrected the

violation or the person that will acquire the permit has entered

into a written consent agreement to correct the violation.

(6) A mining permit may be amended upon submission to the

department of a request by the permittee. The department shall

determine whether the requested amendment constitutes a significant

change to the mining and reclamation plan. If the department

determines that the requested amendment constitutes a significant

change, the department shall submit the request for amendment to

the same review process as provided for a new permit application in

section 63405(4) to (8). If the department determines that the

requested amendment does not constitute a significant change, the

department shall approve the request within 14 days after receiving

the request.

Sec. 63409. (1) For each mine, an operator shall maintain a

conformance bond in the amount of $50,000.00 during mining

activities and until the department determines that all reclamation

has been completed in compliance with the mining permit.

(2) If an operator violates subsection (1), the department may

order immediate suspension of mining activities, including the

removal of native copper from the site.

Sec. 63411. (1) An operator shall comply with all other

applicable requirements of this act.

(2) An operator shall conduct mining activities at a mining

area in conformance with the approved mining and reclamation plan.

(3) If mining activities are suspended for a continuous period

exceeding 240 days, the operator shall maintain, monitor, and

secure the mining area and shall conduct any interim sloping or

stabilizing of surfaces necessary to protect the environment,

natural resources, or public health and safety in accordance with

the mining permit.

(4) Subject to subsection (5), an operator shall begin final

reclamation of a mining area within 3 years after the date of

cessation of other mining activities and shall complete reclamation

within the time set forth in the mining and reclamation plan

approved by the department under section 63405.

(5) Upon written request of the operator, the department may

approve an extension of time to begin or complete final

reclamation.

(6) Compliance with this part does not relieve a person of the

responsibility to comply with all other applicable state or federal

statutes or regulations.

Sec. 63413. (1) For purposes of surveillance, monitoring,

administration, and enforcement of this part, an operator shall pay

the department by February 15 each year an operating fee of

$5,000.00 for each mine where mining activities were ongoing as of

December 31 of the previous year. The fee is due each year until

the mining activities cease and the department has released the

conformance bond.

(2) The department shall assess a penalty equal to 2% of the

amount due against the operator for each month or part of a month

during which an operating fee has not been paid after the due date.

(3) The department shall forward all annual operating fees and

penalties collected under this section to the state treasurer for

deposit in the fund.

Sec. 63415. (1) The small native copper mine surveillance fund

is created within the state treasury.

(2) The state treasurer may receive money or other assets from

any source for deposit into the fund. The state treasurer shall

direct the investment of the fund. The state treasurer shall credit

to the fund interest and earnings from fund investments.

(3) Money in the fund at the close of the fiscal year shall

remain in the fund and shall not lapse to the general fund.

(4) The department shall expend money from the fund, upon

appropriation, only for surveillance, monitoring, administration,

and enforcement under this part.

Sec. 63417. (1) If the department determines that an operator

has failed or neglected to perform reclamation in conformance with

this part or rules promulgated under this part, the department

shall give notice of this determination, in writing, to the

operator and to the surety executing the conformance bond under

section 63409. The notice of determination shall be served upon the

operator and surety in person or by registered mail. If the

operator or surety fails or neglects to properly commence the

required reclamation within 90 days after the date of personal

service or mailing of the notice or fails to proceed with

reclamation at a rate that will conclude the reclamation within the

period specified in the mining and reclamation plan, the department

may enter into and upon any private or public property on which the

mining area is located and upon and across any private or public

property necessary to reach the mining area and conduct necessary

reclamation, and the operator and surety are jointly and severally

liable for all expenses incurred by the department. The department

shall certify to the operator and surety the claim of this state in

writing, listing the items of expense incurred in reclamation. The

claim shall be paid by the operator or surety within 30 days. If

the claim is not paid within that time, the department may bring

suit against the operator or surety, jointly or severally, for the

collection of the claim in any court of competent jurisdiction in

Ingham County.

(2) The department may order immediate suspension of any

mining activities if the department finds that there exists an

emergency endangering the public health and safety or an imminent

threat to the natural resources of this state.

(3) An order suspending mining activities under subsection (2)

shall be in effect until the endangerment to the public health and

safety or the threat to the natural resources has been eliminated,

but not more than 10 days. To extend the suspension beyond 10 days,

the department shall issue an emergency order to continue the

suspension of mining activities and shall schedule a hearing as

provided by the administrative procedures act of 1969, 1969 PA 306,

MCL 24.201 to 24.328. The total duration of the suspension of

activities shall not be more than 30 days.

(4) At the request of the department, the attorney general may

institute an action in a circuit court of the county in which the

mining area is located for a restraining order or injunction or

other appropriate remedy to prevent or preclude a violation of this

part or a rule promulgated under this part.

Sec. 63418. Mining of earth material that has significant

acid-forming or leachable characteristics is not subject to this

part.