June 30, 2011, Introduced by Reps. Rutledge, Irwin, Kandrevas, Oakes and Stallworth and referred to the Committee on Natural Resources, Tourism, and Outdoor Recreation.
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 shall
not make a new or
increased use of the waters of the state for sewage or other waste
disposal
purposes shall file with unless
authorized by a permit
issued
by the department. an
An application setting for a new or
increased
use permit 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.
(f) A certification as described in subsection (2).
(g) Other relevant information required by the department.
(2) 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 Any
person aggrieved by the
department's
action on an application for a new or
increased use is
not
acceptable to the permittee, the applicant, or any other
person,
the permittee, the applicant, or other person permit 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.