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.