HOUSE BILL No. 5696 April 27, 2000, Introduced by Rep. Switalski and referred to the Committee on Conservation and Outdoor Recreation. A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 3112a (MCL 324.3112a), as amended by 1998 PA 3. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 3112a. (1) If UNTREATED sewagethat has not received2all treatment that is available and utilized under ordinary dry3weather conditionsOR PARTIALLY TREATED SEWAGE is discharged 4 from acombinedsewer system into the waters of the state, the 5 municipality responsible for the discharge shall immediately, but 6 not more than 24 hours after the discharge begins, notify the 7 department; local health departments as defined in section 1105 8 of the public health code, 1978 PA 368, MCL 333.1105; a daily 9 newspaper of general circulation in the county or counties in 10 which a municipality notified pursuant to subsection(4)(3) 05537'99 JCB 2 1 is located; and a daily newspaper of general circulation in the 2 county in which the municipality responsible for the discharge is 3 located of all of the following: 4 (a) Promptly after the discharge starts, that the discharge 5 is occurring. 6 (b) At the conclusion of the discharge, in writing, all of 7 the following: 8 (i) TheamountVOLUME AND QUALITY of the discharge as mea- 9 sured pursuant to procedures AND ANALYTICAL METHODS approved by 10 the department. 11 (ii) The reason for the discharge. 12 (iii) THE WATERS OR LAND AREA, OR BOTH, RECEIVING THE 13 DISCHARGE. 14 (iv)(iii)The time the discharge began and ended as mea- 15 sured pursuant to procedures approved by the department. 16 (v)(iv)Verification that the municipality is in full 17 compliance with the requirements of its national pollutant dis- 18 charge elimination system permit AND APPLICABLE STATE AND FEDERAL 19 STATUTES, RULES, AND ORDERS. 20 (2) Each time a discharge occurs under subsection (1), the 21 permittee shall test the affected waters for E. coli to assess 22 the risk to the public health as a result of the discharge and 23 shall provide the test results to the affected local county 24 health departments AND TO THE DEPARTMENT. The testing shall be 25 done at locations specified by each affected local county health 26 department but shall not exceed 10 tests for each separate 27 discharge event. The requirement for this testing may be waived 05537'99 3 1 by the affected local county health department if the affected 2 local county health department determines that such testing is 3 not needed to assess the risk to the public health as a result of 4 the discharge event. 5 (3) A municipality that operates acombinedsewer system 6 that may discharge untreated sewage OR PARTIALLY TREATED SEWAGE 7 into the waters of the state shall annuallycontactDO BOTH OF 8 THE FOLLOWING: 9 (A) CONTACT OTHER municipalities whose JURISDICTIONS CONTAIN 10 waters THAT may be affected bysuchTHE discharges., and if11 IF those contacted municipalities wish to be notified in the same 12 manner as provided in subsection (1), the municipality operating 13 thecombinedsewer system shall provide that notification. 14 (B) BY FEBRUARY 1, PROVIDE, TO EACH ENTITY THAT IS REQUIRED 15 TO BE NOTIFIED UNDER SUBSECTION (1) AND EACH MUNICIPALITY THAT 16 DESIRES TO BE NOTIFIED UNDER SUBDIVISION (A), AN ANNUAL REPORT 17 THAT SUMMARIZES THE INFORMATION REPORTED UNDER SUBSECTION (1) 18 DURING THE PREVIOUS CALENDAR YEAR. 19 (4) A municipality that is responsible for a discharge of 20 untreated sewage OR PARTIALLY TREATED SEWAGE from acombined21 sewer system into the waters of the state shall comply with the 22 requirements of its national pollutant discharge elimination 23 system permit AND APPLICABLE STATE AND FEDERAL STATUTES, RULES, 24 AND ORDERS. 25 (5) This section does not authorize the discharge of 26 untreated sewage OR PARTIALLY TREATED SEWAGE into the waters of 05537'99 4 1 the state or limit the state from bringing legal action as 2 otherwise authorized by this part. 3(6) "Combined sewer system" means a sewer designed and used4to convey both storm water runoff and sanitary sewage, and which5contains lawfully installed regulators and control devices that6allow for delivery of sanitary flow to treatment during dry7weather periods and divert storm water and sanitary sewage to8surface waters during storm flow periods.9 (6)(7)The penalties and fines provided for in 10 section 3115 apply to a violation of this section. 11 (7) AS USED IN THIS SECTION: 12 (A) "PARTIALLY TREATED SEWAGE" MEANS ANY SEWAGE, SEWAGE AND 13 STORM WATER, OR SEWAGE AND WASTEWATER, FROM DOMESTIC OR INDUS- 14 TRIAL SOURCES THAT IS NOT TREATED TO NATIONAL SECONDARY TREATMENT 15 STANDARDS FOR WASTEWATER OR THAT IS TREATED TO A LEVEL LESS THAN 16 THAT REQUIRED BY THE MUNICIPALITY'S NATIONAL POLLUTANT DISCHARGE 17 ELIMINATION SYSTEM PERMIT. 18 (B) "SEWER SYSTEM" MEANS A SEWER SYSTEM DESIGNED AND USED TO 19 CONVEY SANITARY SEWAGE OR STORM WATER, OR BOTH. 05537'99 Final page. 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