HOUSE BILL No. 5960


     April 25, 2002, Introduced by Rep. Callahan and referred to the Committee on Conservation and Outdoor Recreation.


        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 THAT ARE NECESSARY for the control of aquatic nui-

 4
        sances, such as swimmers' itch and aquatic plants, is lawful and

 5
        not in contravention of the private or public rights to the use

 6
        and enjoyment of abutting property by the owners or occupants of

 7
        that property if the application is made in  accordance

 8
        COMPLIANCE with sections 12561 to 12563 and rules promulgated

 9
        under section 12561.




   06838'02 a                                               TMV                                   2

 1
             (2) The  necessary  control work authorized  pursuant to

 2
        this section  UNDER SUBSECTION (1) may be  conducted  UNDERTAKEN

 3
        by the state or a political subdivision OF THE STATE or by an

 4
        organized lake or improvement association on behalf of its mem-

 5
        bers, or by the owner of property abutting on the waters of the

 6
        state.  , or  HOWEVER, THE CONTROL WORK SHALL BE CONDUCTED by an

 7
        aquatic pest control applicator licensed under part 83 of the

 8
        natural resources and environmental protection act, 1994 PA 451,

 9
        MCL 324.8301 to 324.8336, after obtaining a permit from the

10
        department of environmental quality.  A permit may be obtained by

11
        application to the department of environmental quality.  Unless

12
        revoked, a permit issued under this section expires on December

13
        31 of the calendar year in which it was issued.

14
             (3) The  necessary  control work authorized  pursuant to

15
        this section  UNDER SUBSECTION (1) shall be conducted at  those

16
        times, under  those  conditions, and with  those  safeguards
     ,

17
        as  REQUIRED BY the department of environmental quality.

18
         requires.  The department of environmental quality may provide

19
        permits, upon application, for the suppression of swimmers' itch

20
        and aquatic plants, if applicants provide at their own expense  A

21
        PERSON ISSUED A PERMIT UNDER THIS SECTION SHALL PROVIDE chemicals

22
        and other equipment and services called for in the rules promul-

23
        gated by the department of environmental quality.

24
             (4) Except as provided in subsection (5), until October 1,

25
        2003, an application for a permit under this section shall be

26
        accompanied by the following fee:





   06838'02 a                                   3

 1
             (a) For treatment of areas of 1/2 acre or more and less than

 2
        2 acres, $50.00.

 3
             (b) For treatment of areas of 2 acres or more, $150.00.

 4
             (5) A fee is not required under this section for A PERMIT

 5
        FOR CONTROL WORK TO BE PERFORMED FOR EITHER OF THE FOLLOWING:

 6
             (A) THE OWNER OR owners of a single property treating waters

 7
        abutting their property where the treatment area is less than 1/2

 8
        acre.  , or for water bodies

 9
             (B) THE OWNER OR OWNERS OF A WATER BODY in single

10
        ownership.

11
             (6) The department of environmental quality shall forward

12
        fees collected under this section to the state treasurer for

13
        deposit in the land and water management permit fee fund created

14
        in section 30113 of the natural resources and environmental pro-

15
        tection act, 1994 PA 451, MCL 324.30113.

16
             Enacting section 1.  This amendatory act does not take

17
        effect unless Senate Bill No. _____ or House Bill No. 5959

18
        (request no. 06838'02) of the 91st Legislature is enacted into

19
        law.



















   06838'02 a          Final page.                          TMV