June 15, 2011, Introduced by Senator KAHN and referred to the Committee on Appropriations.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 3110 and 4104 (MCL 324.3110 and 324.4104) and
by adding section 3134.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3110. (1) Each industrial or commercial entity that
discharges liquid wastes into any surface water or groundwater or
underground or on the ground other than through a public sanitary
sewer shall have waste treatment or control facilities under the
specific supervision and control of persons who have been certified
by the department as properly qualified to operate the facilities.
The department shall examine all supervisory personnel having
supervision and control of the facilities and certify that the
persons are properly qualified to operate or supervise the
facilities.
(2) The department may conduct a program for training persons
seeking to be certified as operators or supervisors under
subsection
(1), or seeking to be certified as operators or
supervisors
of municipal wastewater treatment facilities. The
section 4104, or section 9 of the safe drinking water act, 1976 PA
399 MCL 325.1009. Until October 1, 2017, the department may charge
a
fee based on the costs to the department of operating the this
training
program. The fees shall be deposited in the state
treasury,
credited to a separate fund, and used to conduct the
training
program. Any unexpended fees collected pursuant to this
subsection,
along with any excess collections from prior fiscal
years,
shall be carried over into subsequent fiscal years and shall
be
available for appropriation for the purposes of conducting the
program
described in this subsection. into
the operator training
and certification fund created in section 3134.
(3) The department shall administer certification operator
programs for persons seeking to be certified as operators or
supervisors under subsection (1), section 4104, or section 9 of the
safe drinking water act, 1976 PA 399, MCL 325.1009. A person
wishing to become certified as an operator or a supervisor shall
submit an application to the department containing information
required by the department. Information submitted as part of the
application shall be considered part of the examination for
certification. Until October 1, 2017, the department may charge a
certification examination fee and a certification renewal fee in
accordance with the following fee schedule:
(a) For certification examinations under subsection (1), the
following fees apply:
(i) Concentrated animal feed operation certification
examination A-1k as described under subrule (2) of R 323.1253 of
the Michigan administrative code, $30.00.
(ii) Industrial wastewater certification level 1 or 2
examination as described under subrule (2) of R 323.1253 of the
Michigan administrative code, $35.00.
(iii) Industrial wastewater certification level 3 examination as
described under subrule (2) of R 323.1253 of the Michigan
administrative code, $40.00.
(iv) Industrial wastewater special classification A-1a
examination or noncontact cooling water A-1h examination as
described under subrule (2) of R 323.1253 of the Michigan
administrative code, $30.00.
(v) Storm water industrial certification A-1i examination as
described under subrule (2) of R 323.1253 of the Michigan
administrative code, $30.00.
(b) For certification examinations under section 4104, the
following fees apply:
(i) Municipal wastewater certification level A, B, C, or D
examination as described under subrule (1) of R 299.2911 of the
Michigan administrative code, $70.00.
(ii) Municipal wastewater certification level L2 examination as
described under subrule (3a) of R 299.2911 of the Michigan
administrative code, $45.00.
(iii) Municipal wastewater certification level L1 examination as
described under subrule (3b) of R 299.2911 of the Michigan
administrative code, $45.00.
(iv) Municipal wastewater certification level SC examination as
described under subrule (4) of R 299.2911 of the Michigan
administrative code, $45.00.
(c) For certification examinations under section 9 of the safe
drinking water act, 1976 PA 399, MCL 325.1009, the following fees
apply:
(i) Drinking water complete treatment certification level 1, 2,
3, or 4 examination as described under subrule (1) of R 325.11901
of the Michigan administrative code, $70.00.
(ii) Drinking water limited treatment certification level 1, 2,
3, or 4 examination as described under subrule (2) of R 325.11901
of the Michigan administrative code, $70.00.
(iii) Drinking water distribution certification level 1, 2, 3,
or 4 examination as described under R 325.11902 of the Michigan
administrative code, $70.00.
(iv) Drinking water complete treatment certification level 5
examination as described under subrule (1) of R 325.11901 of the
Michigan administrative code, $45.00.
(v) Drinking water limited treatment certification level 5
examination as described under subrule (2) of R 325.11901 of the
Michigan administrative code, $45.00.
(vi) Drinking water distribution certification level 5
examination as described under R 325.11902 of the Michigan
administrative code, $45.00.
(d) For certification renewals under subsection (1), the
following fees apply:
(i) Concentrated animal feed operation certification A-1k as
described under subrule (2) of R 323.1253 of the Michigan
administrative code, $95.00.
(ii) Storm water industrial certification A-1i as described
under subrule (2) of R 323.1253 of the Michigan administrative
code, $95.00.
(iii) Storm water construction certification A-1j as described
under subrule (2) of R 323.1253 of the Michigan administrative
code, $95.00.
(iv) All other industrial wastewater certification levels 1, 2,
or 3 as described under subrule (2) of R 323.1253 of the Michigan
administrative code and issued on a single certificate, $95.00.
(e) For certification renewals under section 4104 for all
municipal wastewater certification levels as described under R
299.2911 of the Michigan administrative code and issued on a single
certificate, $95.00.
(f) For certification renewals under section 9 of the safe
drinking water act, 1976 PA 399, MCL 325.1009, for all drinking
water certification levels as described under R 325.11901 or R
325.11902 and issued on a single certificate, $95.00.
(4) The failure to pay a required certification examination
fee within 90 days after taking an examination shall constitute
failure of the examination. The department shall not allow an
individual to take a future examination within the failed
examination program unless he or she pays the prior fee in full.
(5) The department shall conduct a program for persons or
organizations seeking to offer approved continuing education
courses to be used by certified operators and supervisors when
renewing their certifications under subsection (1), section 4104,
and section 9 of the safe drinking water act, 1976 PA 399, MCL
325.1009. The department may charge continuing education providers
a course application fee and course renewal fee in accordance with
the following fee schedule:
(a) An application for approval of a training course, $75.00
for each course.
(b) An application for renewal of an approved training course,
$50.00 for each course.
(6) All fees collected under this section shall be deposited
in the operator training and certification fund established in
section 3134.
(7) (3)
A person certified as required by
subsection (1) shall
file monthly, or at such longer intervals as the department may
designate, on forms provided by the department, reports showing the
effectiveness of the treatment or control facility operation and
the quantity and quality of discharged liquid wastes. A person who
knowingly makes a false statement in a report may have his or her
certificate as an approved treatment facility operator revoked.
(8) (4)
This section does not apply to
water, gas, or other
material that is injected into a well to facilitate production of
oil or gas or to water derived in association with oil or gas
production and disposed of in a well, if the well is used either to
facilitate production or for disposal purposes and is under permit
by the state supervisor of wells.
Sec. 3134. (1) The operator training and certification fund is
created within the state treasury.
(2) The state treasurer may receive money or other assets from
any source for deposit into the fund. The state treasurer shall
direct the investment of the fund. The state treasurer shall credit
to the fund interest and earnings from fund investments.
(3) Money in the fund at the close of the fiscal year shall
remain in the fund and shall not lapse to the general fund.
(4) The department shall be the administrator of the fund for
auditing purposes.
(5) The department shall expend money from the fund, upon
appropriation, only to administer this part, part 41, and the safe
drinking water act, 1976 PA 399, MCL 325.1001 to 325.1023,
including all of the following:
(a) Licensing, examination, compliance assistance, education,
training, and other certification activities directly related to
this part, part 41, and the safe drinking water act, 1976 PA 399,
MCL 325.1001 to 325.1023.
(b) Maintenance of program data.
(c) Development of program-related databases and software.
(d) Program administration activities.
(6) By January 1 of each year until January 1, 2017, the
department shall prepare and submit to the governor, the chairs of
the standing committees of the senate and house of representatives
with primary responsibility for issues related to natural resources
and the environment, and the chairs of the subcommittees of the
senate and house appropriations committees with primary
responsibility for appropriations to the department a report that
details the department's administration of the operator training
and certification program under section 3110, section 4104, and
section 9 of the safe drinking water act, 1976 PA 399, MCL
325.1009, in the previous fiscal year. This report shall include,
at a minimum, all of the following as itemized for each operator
training and certification program:
(a) The type and number of training programs offered by the
department, including the total number of participants in each type
of training program.
(b) The type and number of certification exams given.
(c) The type and number of certifications awarded.
(d) The amount of revenue in the fund at the end of the fiscal
year.
Sec. 4104. (1) The department may promulgate and enforce rules
as the department considers necessary governing and providing a
method of conducting and operating all or a part of sewerage
systems including sewage treatment works. The department shall
classify sewage treatment works with regard to size, type,
location, and other physical conditions affecting those works and
according to the skill, knowledge, experience, and character that
the person who is in charge of the active operation of the sewage
treatment works has to possess in order to successfully operate the
works, to prevent the discharge of deleterious matter capable of
being injurious to the health of the people, or to other public
interests. The department shall examine or provide for the
examination of persons as to their qualifications to operate sewage
treatment works. The department shall promulgate rules regarding
the classification of sewage treatment works, the examinations for
certification of operators for those works, and the issuance and
revocation of certificates, and shall issue and revoke certificates
in accordance with those rules. Every sewage treatment works
subject to this part shall be under the supervision of a properly
certified operator, except that this section does not require the
employment of a certified operator in a waste treatment works that
receives only wastes that are not potentially prejudicial to the
public health.
(2) In accordance with section 3110, the department may
conduct a program for training persons seeking to be certified as
operators under subsection (1) and shall administer operator
certification programs for persons seeking to be certified as
operators under subsection (1). Until October 1, 2017, the
department may charge fees for these programs in accordance with
section 3110. The department shall transmit fees collected under
this section to the state treasurer for deposit into the operator
training and certification fund created in section 3134.