SB-0881, As Passed House, May 15, 2018

SB-0881, As Passed Senate, March 22, 2018

SUBSTITUTE FOR

SENATE BILL NO. 881

     A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending section 3116 (MCL 324.3116).

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 3116. (1) This part does not repeal any law governing the

pollution of lakes and streams, but shall be held and construed as

ancillary to and supplementing the other laws and in addition to

the laws now in force, except as a law may be in direct conflict

with this part. This part does not apply to copper or iron ferrous

and nonferrous mining operations , whereby such operations result

in subject to parts 631 and 632 with respect to mining areas, as

defined in sections 63101 and 63201, with regard to the placement,

removal, use, or processing of copper or iron mineral tailings or

copper or iron mineral deposits from such operations being placed

in inland waters on bottomlands owned by or under the control of

the mining company and only water which may contain a minimal

amount of residue as determined by the department resulting from

such placement, removal, use, or processing being allowed or

permitted to escape into public waters. ferrous or nonferrous

mineral operator unless there is to be a discharge of waste or

waste effluent from the inland waters into waters of the state.

This part does not apply to the discharge of water from underground

iron or copper ferrous and nonferrous mining operations subject to

a determination by the department.unless there is to be a discharge

of waste or waste effluent into the waters of the state.

     (2) The exemption provided in subsection (1) does not apply to

inland waters owned by or under control of a ferrous or nonferrous

mineral operator if there is an inland lake or stream as defined in

section 30101 that flows both into those inland waters and out from

those inland waters directly into the waters of the state.

     Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.