SENATE BILL No. 1653

 

 

December 2, 2008, Introduced by Senator VAN WOERKOM 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 sections 3101 and 3109 (MCL 324.3101 and 324.3109),

 

section 3101 as amended by 2006 PA 97 and section 3109 as amended

 

by 2005 PA 241.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 3101. As used in this part:

 

     (a) "Agricultural storm water discharge" means an agricultural

 

storm water discharge as described in 40 CFR 122.23.

 

     (b) (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.

 

     (c) (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.

 

     (d) (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.

 

     (e) (d) "Department" means the department of environmental

 

quality.

 

     (f) (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.

 

     (g) (f) "Emergency management coordinator" means that term as

 

defined in section 2 of the emergency management act, 1976 PA 390,

 

MCL 30.402.

 

     (h) (g) "Great Lakes" means the Great Lakes and their

 

connecting waters, including Lake St. Clair.

 

     (i) (h) "Group 1 facility" means a facility whose discharge is

 

described by R 323.2218 of the Michigan administrative code.

 

     (j) (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.

 

     (k) (j) "Group 3 facility" means a facility whose discharge is


 

described by R 323.2211 or R 323.2213 of the Michigan

 

administrative code.

 

     (l) (k) "Local health department" means that term as defined in

 

section 1105 of the public health code, 1978 PA 368, MCL 333.1105.

 

     (m) (l) "Local unit" means a county, city, village, or township

 

or an agency or instrumentality of any of these entities.

 

     (n) (m) "Municipality" means this state, a county, city,

 

village, or township, or an agency or instrumentality of any of

 

these entities.

 

     (o) (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.

 

     (p) (o) "Nonoceangoing vessel" means a vessel that is not an

 

oceangoing vessel.

 

     (q) (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.

 

     (r) (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 waters of the state 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.

 

     (s) (r) "Primary public safety answering point" means that


 

term as defined in section 102 of the emergency telephone 9-1-1

 

service enabling act, 1986 PA 32, MCL 484.1102.

 

     (t) (s) "Sediments" means any matter settled out of ballast

 

water within a vessel.

 

     (u) (t) "Sewage sludge" means sewage sludge generated in the

 

treatment of domestic sewage, other than only septage or industrial

 

waste.

 

     (v) (u) "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.

 

     (w) (v) "Sewage sludge generator" means a person who generates

 

sewage sludge that is applied to land.

 

     (x) (w) "Sewage sludge distributor" means a person who

 

applies, markets, or distributes, except at retail, a sewage sludge

 

derivative.

 

     (y) (x) "St. Lawrence waterway" means the St. Lawrence river,

 

the St. Lawrence seaway, and the gulf of St. Lawrence.

 

     (z) (y) "Threshold reporting quantity" means that term as

 

defined in R 324.2002 of the Michigan administrative code.

 

     (aa) (z) "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. 3109. (1) A person shall not directly or indirectly

 

discharge into the waters of the state a substance that is or may

 

become injurious to any of the following:

 

     (a) To the public health, safety, or welfare.

 

     (b) To domestic, commercial, industrial, agricultural,


 

recreational, or other uses that are being made or may be made of

 

such waters.

 

     (c) To the value or utility of riparian lands.

 

     (d) To livestock, wild animals, birds, fish, aquatic life, or

 

plants or to their growth or propagation.

 

     (e) To the value of fish and game.

 

     (2) The discharge of any raw sewage of human origin, directly

 

or indirectly, into any of the waters of the state shall be

 

considered is prima facie evidence of a violation of this part by

 

the municipality in which the discharge originated unless the

 

discharge is permitted by an order or rule of the department. If

 

the discharge is not the subject of a valid permit issued by the

 

department, a municipality responsible for the discharge may be

 

subject to the remedies provided in section 3115. If the discharge

 

is the subject of a valid permit issued by the department pursuant

 

to section 3112, and is in violation of that permit, a municipality

 

responsible for the discharge is subject to the penalties

 

prescribed in section 3115.

 

     (3) Notwithstanding subsection (2), a municipality is not

 

responsible or subject to the remedies provided in section 3115 for

 

an unauthorized discharge from a sewerage system as defined in

 

section 4101 that is permitted under this part and owned by a party

 

other than the municipality, unless the municipality has accepted

 

responsibility in writing for the sewerage system and, with respect

 

to the civil fine and penalty under section 3115, the municipality

 

has been notified in writing by the department of its

 

responsibility for the sewerage system.


 

     (4) Unless authorized by a permit, order, or rule of the

 

department, the discharge into the waters of this state of any

 

medical waste, as defined in part 138 of the public health code,

 

1978 PA 368, MCL 333.13801 to 333.13831, is prima facie evidence of

 

a violation of this part and subjects the responsible person to the

 

penalties prescribed in section 3115.

 

     (5) Beginning January 1, 2007, unless a discharge is

 

authorized by a permit, order, or rule of the department, the

 

discharge into the waters of this state from an oceangoing vessel

 

of any ballast water is prima facie evidence of a violation of this

 

part and subjects the responsible person to the penalties

 

prescribed in section 3115.

 

     (6) A violation of this section is prima facie evidence of the

 

existence of a public nuisance and in addition to the remedies

 

provided for in this part may be abated according to law in an

 

action brought by the attorney general in a court of competent

 

jurisdiction.

 

     (7) Notwithstanding any other provision of this part, an

 

agricultural storm water discharge shall not be considered a

 

violation of this part or the rules promulgated under this part.