HOUSE BILL No. 5765

 

February 28, 2006, Introduced by Reps. Angerer, Wojno, Plakas, Hopgood, Lipsey, Miller, Gleason, Accavitti, Polidori, Spade and Kathleen Law 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 32713 (MCL 324.32713), as added by 1995 PA 59.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 32713. (1) The department may request the attorney

 

general to commence a civil action for appropriate relief,

 

including a permanent or temporary injunction, for a violation of

 

this part or a rule promulgated under this part. An action under

 

this section shall be brought in the circuit court for the county

 

of Ingham or for the county in which the defendant is located,

 

resides, or is doing business. The court has jurisdiction to

 

restrain the violation and to require compliance. In addition to

 

any other relief granted, except as provided in subsection (2), the

 


court may impose a civil fine of not more than $1,000.00. In

 

addition to a fine, the attorney general may file a suit in a court

 

of competent jurisdiction to recover the full value of the costs of

 

surveillance and enforcement by the state resulting from the

 

violation.

 

     (2) A person who violates section 32704a is responsible for

 

the payment of a civil fine of not less than $25,000.00 or more

 

than $3,000,000.00.

 

     (3) A default in the payment of a civil fine or costs ordered

 

under this part or an installment of the fine or costs may be

 

remedied by any means authorized under the revised judicature act

 

of 1961, 1961 PA 236, MCL 600.101 to 600.9947.

 

     Enacting section 1. This amendatory act does not take effect

 

unless House Bill No. 5366 of the 93rd Legislature is enacted into

 

law.