February 7, 2007, Introduced by Reps. McDowell, Lindberg, Bieda, Miller, Lahti, Young, Valentine, Meadows, Brown, Donigan, Warren, Leland, Spade, Ebli, Kathleen Law, Byrum, Gillard, Gonzales, Angerer, Clack and Hammon and referred to the Committee on Great Lakes and Environment.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 11546 and 11549 (MCL 324.11546 and 324.11549),
section 11546 as amended by 2006 PA 56 and section 11549 as amended
by 2006 PA 58.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 11546. (1) The department or a health officer may request
that the attorney general bring an action in the name of the people
of the state, or a municipality or county may bring an action based
on facts arising within its boundaries, for any appropriate relief,
including injunctive relief, for a violation of this part or rules
promulgated under this part.
(2) In addition to any other relief provided by this section,
the
court may impose on any person who violates any provision of
this part or rules promulgated under this part or who fails to
comply with any permit, license, or final order issued pursuant to
this part, except a violation described in subsection (4) or (5), a
civil fine as follows:
(a) Except as provided in subdivision (b), a civil fine of not
more than $10,000.00 for each day of violation.
(b) For a second or subsequent violation, a civil fine of not
more than $25,000.00 for each day of violation.
(3) In addition to any other relief provided by this section,
the court may order a person who violates this part or the rules
promulgated under this part to restore, or to pay to the state an
amount equal to the cost of restoring, the natural resources of
this state affected by the violation to their original condition
before the violation, and to pay to the state the costs of
surveillance and enforcement incurred by the state as a result of
the violation.
(4) A person who does any of the following is responsible for
a state civil infraction and may be ordered to pay a civil fine of
not more than $5,000.00 or, for a second or subsequent violation of
the same statutory provision or rule promulgated thereunder, not
more than $10,000.00:
(a) Operates a solid waste transport unit in violation of
section 11527 or 11528 or related rules promulgated under this
part.
(b) Delivers waste for disposal in violation of section
11514(2)(a) or (3).
(c) Permits the disposal of waste in violation of section
11514(2)(a) or (d) or (3)(a), (b), (e), (f), or (h).
(d) Transports or disposes of waste in violation of an order
issued by the director under section 11526c.
(e) Conducts open burning in violation of this part or rules
promulgated under this part.
(f) Disposes of solid waste in an open dump, as defined in R
299.4104 of the Michigan administrative code, in violation of this
part or related rules promulgated under this part.
(5) A person who delivers waste for disposal or who permits
the disposal of waste in violation of section 11514(2)(b) or (c) is
responsible for a state civil infraction and may be ordered to pay
a civil fine of not more than $100.00 or, for a second or
subsequent violation, not more than $500.00.
(6) (4)
In addition to any other relief
provided by this
section, the court shall order a person who violates section 11526e
to return, or to pay to the state an amount equal to the cost of
returning, the solid waste that is the subject of the violation to
the country in which that waste was generated.
(7) (5)
This part does not preclude any
person from commencing
a civil action based on facts that may also constitute a violation
of this part or the rules promulgated under this part.
Sec.
11549. (1) A Except for
violations described in section
11546(4) and (5), a person who violates this part, a rule
promulgated under this part, or a condition of a permit, license,
or final order issued pursuant to this part is guilty of a
misdemeanor punishable by a fine of not more than $1,000.00 for
each violation and costs of prosecution and, if in default of
payment of fine and costs, imprisonment for not more than 6 months.
(2) A person who knowingly violates section 11526e is guilty
of a felony punishable by imprisonment for not more than 2 years or
a fine of not more than $5,000.00, or both.
(3) Each day upon which a violation described in this section
occurs is a separate offense.