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.