June 27, 2006, Introduced by Senators BRATER, PRUSI, CLARK-COLEMAN, BASHAM and WHITMER and referred to the Committee on Natural Resources and Environmental Affairs.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 3113 (MCL 324.3113), as amended by 2004 PA 91.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3113. (1) A person who seeks a new or increased use of
the waters of the state for sewage or other waste disposal purposes
shall
file with the department an application
setting for a
permit. The application shall set forth the information required by
the
department, including the all
of the following:
(a) The nature of the enterprise or development contemplated.
,
the
(b)
The amount of water required to be used ,
and its
source. ,
the
(c) The proposed point of discharge of the wastes into the
waters
of the state. , the
(d)
The estimated amount of wastewater to be discharged. ,
and
a statement setting forth the
(e) The expected bacterial, physical, chemical, and other
known
characteristics of the wastes wastewater.
(f) A certification as described in subsection (2).
(2) Notwithstanding any other provision of this part, the
department shall not issue a new or increased use permit under this
part for a discharge from a proposed use, activity, or facility
unless the proposed use, activity, or facility complies with a
local zoning ordinance, is authorized as a nonconforming use or by
a variance, is otherwise exempt from or not subject to a local
zoning ordinance, or is part of a response activity approved by the
department pursuant to this act. An applicant for a new or
increased use permit under this part shall certify on the permit
application that 1 or more of these conditions are met. False
certification under this subsection is a violation of this part
and, in addition to other applicable penalties, civil sanctions, or
remedies provided for by this part, is grounds for denial or
revocation of the permit.
(3) (2)
If a permit is granted, the
department shall
condition the permit upon such restrictions that the department
considers necessary to adequately guard against unlawful uses of
the
waters of the state as are set forth in section 3109.
(4) (3)
If the permit or denial of a new or increased use is
not acceptable to the permittee, the applicant, or any other
person,
the permittee, the applicant, or other aggrieved person
may file a sworn petition with the department setting forth the
grounds and reasons for the complaint and asking for a contested
case hearing on the matter pursuant to the administrative
procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. A
petition filed more than 60 days after action on the permit
application may be rejected by the department as being untimely.