HB-4043, As Passed Senate, November 10, 2011

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 4043

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

(MCL 324.101 to 324.90106) by adding section 1511.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1511. (1) Subject to subsection (2) and notwithstanding

 

any other provision of this act, before initiating a civil

 

enforcement action under this act against a person holding a

 

permit, the department shall contact the permittee and extend an

 

offer for staff of the department to meet with the person to

 

discuss the potential civil enforcement action and potential

 

resolution of the issue. If the permittee agrees to meet with the

 

department, the department shall not initiate a civil enforcement

 

action until after the meeting is held, unless the meeting is not

 

held within a reasonable time as determined by the department.

 


     (2) Subsection (1) does not apply under any of the following

 

circumstances:

 

     (a) The civil enforcement action is a civil infraction action.

 

     (b) The department determines that the violation that is the

 

subject of the potential civil enforcement action constitutes an

 

imminent and substantial endangerment of the public health, safety,

 

or welfare or of the environment.

 

     (3) As used in this section:

 

     (a) "Department" means the department, agency, or officer

 

authorized by this act to approve or deny an application for a

 

permit.

 

     (b) "Permit" means a permit or operating license issued under

 

this act.