HOUSE BILL NO. 6211

June 09, 2022, Introduced by Reps. Cambensy, Steven Johnson, Tisdel, Bollin, Beeler, Calley, Meerman, Bellino, Hoitenga, Clements, Lightner, Eisen, Allor, Outman and Alexander and referred to the Committee on Oversight.

"Natural resources and environmental protection act,"

by amending section 3506 (MCL 324.3506), as added by 1995 PA 60.

the people of the state of michigan enact:

Sec. 3506. (1) Every A permit issued by the department under this part shall give to gives the permittee the right to use the water specified in the permit at the times, in the manner, in the quantity, and under the circumstances as specified in the permit, subject to the conditions contained in the permit, and shall be is irrevocable except for a breach or violation of the terms and conditions of the permit. If the department finds, upon consideration of the needs of the applicant, the public interest to be is served by the use of the water by the applicant, and all other facts relating to the use of the water, that the public interest requires the inclusion in the permit of a provision that will authorize modification or revocation of the permit, then the department may provide for modification or revocation of the permit by including in the permit the specific grounds upon which the permit may be modified or revoked by the department in the public interest.

(2) A permit issued pursuant to this part shall must not be revoked for breach or violation of the terms and conditions of the permit or be revoked or modified upon other grounds specified in the permit unless the permittee has been is given an opportunity to be heard on the grounds for the proposed revocation or modification after 30 days' written notice to the permittee. A permit shall must not be revoked for breach or violation of the terms and conditions of the permit unless the permittee has been is given an opportunity to correct or remedy the alleged breach or violation within a reasonable time and has failed fails to do so. Every notice shall must specify the grounds for the proposed revocation or modification and, in the event of a proposed modification, the extent of the modification.

(3) If the department determines that a violation of the conditions of a permit exists that in the judgment of the department threatens the public interest in the waters involved as to require abatement, without first giving 30 days' written notice to the permittee, the department may issue an emergency order for abatement. , which An emergency order shall have issued under this subsection has the same validity as if a 30 days' written notice had been was given and the permittee had been was granted a hearing. The emergency order shall remain remains in force no longer not more than 21 days from its effective date. Failure to comply with an emergency order constitutes grounds for revocation of the permit. Within 24 hours after issuing an emergency order under this subsection, the department shall notify the senate and house of representatives in writing.