May 17, 2005, Introduced by Reps. Kathleen Law, Hopgood, Phillips, Anderson, Stewart, Nofs, Meyer and Lipsey and referred to the Committee on Natural Resources, Great Lakes, Land Use, and Environment.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 3101 (MCL 324.3101), as amended by 2004 PA 142,
and by adding section 3109c.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3101. As used in this part:
(a) "Aquatic nuisance species" means a nonindigenous species
that threatens the diversity or abundance of native species or the
ecological stability of infested waters, or commercial,
agricultural, aquacultural, or recreational activities dependent on
such waters.
(b) "Ballast water" means water and associated solids taken on
board a vessel to control or maintain trim, draft, stability, or
stresses on the vessel, without regard to the manner in which it is
carried.
(c) "Ballast water treatment method" means a method of
treating ballast water and sediments to remove or destroy living
biological organisms through 1 or more of the following:
(i) Filtration.
(ii) The application of biocides or ultraviolet light.
(iii) Thermal methods.
(iv) Other treatment techniques approved by the department.
(d) "Department" means the department of environmental
quality.
(e) "Detroit consumer price index" means the most
comprehensive index of consumer prices available for the Detroit
area from the United States department of labor, bureau of labor
statistics.
(f) "Emergency management coordinator" means that term as
defined in section 2 of the emergency management act, 1976 PA 390,
MCL 30.402.
(g) "Great Lakes" means the Great Lakes and their connecting
waters, including Lake St. Clair.
(h) "Group 1 facility" means a facility whose discharge is
described by R 323.2218 of the Michigan administrative code.
(i) "Group 2 facility" means a facility whose discharge is
described by R 323.2210(y), R 323.2215, or R 323.2216 of the
Michigan administrative code.
(j) "Group 3 facility" means a facility whose discharge is
described by R 323.2211 or R 323.2213 of the Michigan
administrative code.
(k) "Local health department" means that term as defined in
section 1105 of the public health code, 1978 PA 368, MCL 333.1105.
(l) "Local unit" means a county, city, village, or township or
an agency or instrumentality of any of these entities.
(m) "Municipality" means this state, a county, city, village,
or township, or an agency or instrumentality of any of these
entities.
(n) "National response center" means the national
communications center established under the clean water act, 33 USC
1251 to 1387, located in Washington, DC, that receives and relays
notice of oil discharge or releases of hazardous substances to
appropriate federal officials.
(o) "Nonoceangoing vessel" means a vessel that is not an
oceangoing vessel.
(p) "Oceangoing vessel" means a vessel that operates on the
Great Lakes or the St. Lawrence waterway after operating in waters
outside of the Great Lakes or the St. Lawrence waterway.
(q) "Open water disposal of contaminated dredge materials"
means the placement of dredge materials contaminated with toxic
substances as defined in R 323.1205 of the Michigan administrative
code into the open waters of the Great Lakes but does not include
the siting or use of a confined disposal facility designated by the
United States army corps of engineers or beach nourishment
activities utilizing uncontaminated materials.
(r) (q)
"Primary public safety
answering point" means that
term as defined in section 102 of the emergency telephone service
enabling act, 1986 PA 32, MCL 484.1102.
(s) (r)
"Sediments" means any
matter settled out of ballast
water within a vessel.
(t) (s)
"Sewage sludge" means
sewage sludge generated in
the treatment of domestic sewage, other than only septage or
industrial waste.
(u) (t)
"Sewage sludge
derivative" means a product for land
application derived from sewage sludge that does not include solid
waste or other waste regulated under this act.
(v) (u)
"Sewage sludge
generator" means a person who
generates sewage sludge that is applied to land.
(w) (v)
"Sewage sludge
distributor" means a person who
applies, markets, or distributes, except at retail, a sewage sludge
derivative.
(x) (w)
"St. Lawrence waterway"
means the St. Lawrence
river, the St. Lawrence seaway, and the gulf of St. Lawrence.
(y) (x)
"Threshold reporting
quantity" means that term as
defined in R 324.2002 of the Michigan administrative code.
(z) (y)
"Waters of the state"
means groundwaters, lakes,
rivers, and streams and all other watercourses and waters,
including the Great Lakes, within the jurisdiction of this state.
Sec. 3109c. Notwithstanding any other provision of this part
or the rules promulgated under this part, the open water disposal
of contaminated dredge materials is prohibited.