May 24, 2007, Introduced by Reps. Steil, Opsommer, Meekhof, Horn, Palmer, Shaffer, Sheen, Huizenga, Rick Jones, Elsenheimer, Meltzer, Stahl, Calley, Hansen, Green, Hildenbrand, Acciavatti, David Law and LaJoy 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 section 3118 (MCL 324.3118), as amended by 2004 PA 91.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
3118. (1) Until Except as
otherwise provided in this
section, until October 1, 2009, the department shall collect storm
water discharge fees from persons who apply for or have been issued
storm water discharge permits as follows:
(a) A 1-time fee of $400.00 is required for a permit related
solely to a site of construction activity for each permitted site.
The fee shall be submitted by the permit applicant with his or her
application for an individual permit or for a certificate of
coverage under a general permit. For a permit by rule, the fee
shall be submitted by the construction site permittee along with
his or her notice of coverage. A person needing more than 1 permit
may submit a single payment for more than 1 permit and receive
appropriate credit. Payment of the fee under this subdivision or
verification of prepayment is a necessary part of a valid permit
application or notice of coverage under a permit by rule.
(b) An annual fee of $260.00 is required for a permit related
solely to a storm water discharge associated with industrial
activity or from a commercial site for which the department
determines a permit is needed.
(c) An annual fee of $500.00 is required for a permit for a
municipal separate storm sewer system, unless the permit is issued
to a city, a village, a township, or a county or is a single permit
authorization for municipal separate storm sewer systems in
multiple locations statewide.
(d) An annual fee for a permit for a municipal separate storm
sewer system issued to a city, village, or township shall be
determined by its population in an urbanized area as defined by the
United States bureau of the census. The fee shall be based on the
latest available decennial census as follows:
(i) For a population of 1,000 people or fewer, the annual fee
is $500.00.
(ii) For a population of more than 1,000 people, but fewer than
3,001 people, the annual fee is $1,000.00.
(iii) For a population of more than 3,000 people, but fewer than
10,001 people, the annual fee is $2,000.00.
(iv) For a population of more than 10,000 people, but fewer
than 30,001 people, the annual fee is $3,000.00.
(v) For a population of more than 30,000 people, but fewer
than 50,001 people, the annual fee is $4,000.00.
(vi) For a population of more than 50,000 people, but fewer
than 75,001 people, the annual fee is $5,000.00.
(vii) For a population of more than 75,000 people, but fewer
than 100,001 people, the annual fee is $6,000.00.
(viii) For a population of more than 100,000 people, the annual
fee is $7,000.00.
(e) An annual fee of $3,000.00 is required for a permit for a
municipal separate storm sewer system issued to a county.
(f) An annual fee for a single municipal separate storm sewer
systems permit authorizing a state or federal agency to operate
municipal separate storm sewer systems in multiple locations
statewide shall be determined in accordance with a memorandum of
understanding between that state or federal agency and the
department and shall be based on the projected needs by the
department to administer the permit.
(2) The department shall not collect storm water discharge
fees under subsection (1) from a municipality that does not have an
operational storm water system.
(3) (2)
The permit fees identified in
subsection (1) are
nonrefundable.
(4) (3)
A person possessing a permit not
related solely to a
site of construction activity as of January 1 shall be assessed a
fee. The department shall notify those persons of their fee
assessments by February 1. Payment shall be postmarked no later
than March 15. Failure by the department to send a fee assessment
notification by the deadline, or failure of a person to receive a
fee assessment notification, does not relieve that person of his or
her obligation to pay the fee. If the department does not meet the
February deadline for sending the fee assessment, the fee
assessment is due not later than 45 days after receiving a fee
notification.
(5) (4)
If a storm water permit is issued
for a drainage
district, the drainage district is responsible for the applicable
fee under this section.
(6) (5)
The department shall assess
interest on all fee
payments submitted under this section after the due date. The
permittee shall pay an additional amount equal to 0.75% of the
payment due for each month or portion of a month the payment
remains past due.
(7) (6)
The department shall forward all
fees and interest
payments collected under this section to the state treasurer for
deposit into the fund.
(8) (7)
The department shall make payment
of the required fee
assessed under this section a condition of issuance or reissuance
of a permit not related solely to a site of construction activity.
(9) (8)
In addition to any other penalty
provided in this
part, if a person fails to pay the fee required under this section
by its due date, the person is in violation of this part and the
department may undertake enforcement actions as authorized under
this part.
(10) (9)
The attorney general may bring an
action to collect
overdue fees and interest payments imposed under this section.
(11) (10)
If the permit is for a municipal
separate storm
sewer system and the population served by that system is different
than the latest decennial census, the permittee may appeal the
annual fee determination and submit written verification of actual
population served by the municipal separate storm sewer system.
(12) (11)
A person who wishes to appeal
either a fee or a
penalty assessed under this section is limited to an administrative
appeal, in accordance with section 631 of the revised judicature
act of 1961, 1961 PA 236, MCL 600.631. The appeal shall be filed
within 30 days of the department's fee notification under
subsection
(3) (4).
(13) (12)
As used in this section and section
3119:
(a) "Certificate of coverage" means a document issued by the
department that authorizes a discharge under a general permit.
(b) "Clean water act" means the federal water pollution
control
act, chapter 758, 86 Stat. 816, 33 U.S.C. USC 1251
to 1252,
1253
to 1254, 1255 to 1257, 1258 to 1263, 1265 to 1270, 1273 to
1274,
1281, 1282 to 1293, 1294 to 1301, 1311 to 1313, 1314 to 1330,
1341
to 1346, 1361 to 1375, 1376 to 1377, and 1381 to 1387.
(c) "Construction activity" means a human-made earth change or
disturbance in the existing cover or topography of land that is 5
acres or more in size, for which a national permit is required
pursuant
to 40 C.F.R. CFR 122.26(a), and which is described as a
construction
activity in 40 C.F.R. 122.26(b)(14)(x) CFR
122.26(b)(14)(x). Construction activity includes clearing, grading,
and excavating activities. Construction activity does not include
the practice of clearing, plowing, tilling soil, and harvesting for
the purpose of crop production.
(d) "Fee" means a storm water discharge fee authorized under
this section.
(e) "Fund" means the storm water fund created in section 3119.
(f) "General permit" means a permit issued authorizing a
category of similar discharges.
(g) "Individual permit" means a site-specific permit.
(h) "Municipal separate storm sewer system" means all separate
storm sewers that are owned or operated by the United States or a
state, city, village, township, county, district, association, or
other public body created by or pursuant to state law, having
jurisdiction over disposal of sewage, industrial wastes, storm
water, or other wastes, including special districts under state
law, such as a sewer district, flood control district, or drainage
district or similar entity, or a designated or approved management
agency
under section 208 of the clean water act, 33 U.S.C. USC
1288, that discharges to waters of the state. Municipal separate
storm sewer system includes systems similar to separate storm sewer
systems in municipalities, such as systems at military bases, large
hospital or prison complexes, and highways and other thoroughfares.
Municipal separate storm sewer system does not include separate
storm sewers in very discrete areas, such as individual buildings.
(i) "Notice of coverage" means a notice that a person engaging
in construction activity agrees to comply with a permit by rule for
that activity.
(j) "Permit" or "storm water discharge permit" means a permit
authorizing the discharge of wastewater or any other substance to
surface waters of the state under the national pollutant discharge
elimination system, pursuant to the clean water act or this part
and the rules and regulations promulgated under that act or this
part.
(k) "Public body" means the United States, the state of
Michigan, a city, village, township, county, school district,
public college or university, or single purpose governmental
agency, or any other body which is created by federal or state
statute or law.
(l) "Separate storm sewer system" means a system of drainage,
including, but not limited to, roads, catch basins, curbs, gutters,
parking lots, ditches, conduits, pumping devices, or man-made
channels, which has the following characteristics:
(i) The system is not a combined sewer where storm water mixes
with sanitary wastes.
(ii) The system is not part of a publicly owned treatment
works.
(m) "Storm water" means storm water runoff, snowmelt runoff,
and surface runoff and drainage.
(n) "Storm water discharge associated with industrial
activity" means a point source discharge of storm water from a
facility
which is defined as an industrial activity under 40 C.F.R.
CFR 122.26(b)(14)(i-ix and xi).