| 1 | 1 | | HOUSE BILL NO. 5942 A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 3115b. the people of the state of michigan enact: Sec. 3115b. (1) If a person discharges a substance in violation of a permit issued under this part and the person responsible for the discharge is a county with a population of more than 1,000,000, the county shall submit a discharge reduction plan to the department within 1 year after the first discharge in violation of the permit occurred. (2) Not more than 1 year after the effective date of the amendatory act that added this section, the department shall promulgate rules in accordance with the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, to provide for the format, content, and submission of a discharge reduction plan required under subsection (1). At a minimum, a discharge reduction plan must contain express measures that the county will take to reduce the average volume of discharge over the preceding 5 years by 50%. (3) Not more than 180 days after the department receives a discharge reduction plan under subsection (1), the department shall approve or deny the discharge reduction plan and notify the county in writing. If the department denies the discharge reduction plan, the notice must state the reasons for the denial. Not more than 180 days after the county receives a notice denying the discharge reduction plan, the county must submit an updated discharge reduction plan to the department. (4) After a discharge reduction plan is approved under subsection (3), the county shall implement and complete the terms of the discharge reduction plan within 2 years. If a county fails to implement and complete the terms of a discharge reduction plan within 2 years, the department shall not grant a new or reissuance of a permit under this part. (5) If either of the following occurs, the department, after notice and an opportunity for an evidentiary hearing under the administrative procedures act of 1969, 1969 PA 306, MCL 24.204 to 24.328, may impose an administrative fine of not more than $1,000,000.00 per month that the violation continues: (a) A county fails to submit a discharge reduction plan in accordance with this section. (b) A county fails to implement and complete a discharge reduction plan after it is approved by the department. (6) The department shall advise the attorney general of the failure of a county to pay an administrative fine under subsection (5). The attorney general shall bring a civil action to recover the administrative fine and the costs and fees. An administrative fine recovered under this section must be deposited in the clean water state revolving fund administered by the department and the Michigan municipal bond authority under the authority granted by all of the following: (a) Part 53. (b) The shared credit rating act, 1985 PA 227, MCL 141.1051 to 141.1076. (c) The federal water pollution control act, 33 USC 1251 to 1389. |
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| 25 | 25 | | HOUSE BILL NO. 5942 |
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| 28 | 28 | | |
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| 29 | 29 | | A bill to amend 1994 PA 451, entitled |
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| 30 | 30 | | |
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| 31 | 31 | | "Natural resources and environmental protection act," |
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| 32 | 32 | | |
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| 33 | 33 | | (MCL 324.101 to 324.90106) by adding section 3115b. |
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| 34 | 34 | | |
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| 35 | 35 | | the people of the state of michigan enact: |
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| 36 | 36 | | |
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| 37 | 37 | | Sec. 3115b. (1) If a person discharges a substance in violation of a permit issued under this part and the person responsible for the discharge is a county with a population of more than 1,000,000, the county shall submit a discharge reduction plan to the department within 1 year after the first discharge in violation of the permit occurred. |
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| 38 | 38 | | |
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| 39 | 39 | | (2) Not more than 1 year after the effective date of the amendatory act that added this section, the department shall promulgate rules in accordance with the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, to provide for the format, content, and submission of a discharge reduction plan required under subsection (1). At a minimum, a discharge reduction plan must contain express measures that the county will take to reduce the average volume of discharge over the preceding 5 years by 50%. |
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| 40 | 40 | | |
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| 41 | 41 | | (3) Not more than 180 days after the department receives a discharge reduction plan under subsection (1), the department shall approve or deny the discharge reduction plan and notify the county in writing. If the department denies the discharge reduction plan, the notice must state the reasons for the denial. Not more than 180 days after the county receives a notice denying the discharge reduction plan, the county must submit an updated discharge reduction plan to the department. |
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| 42 | 42 | | |
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| 43 | 43 | | (4) After a discharge reduction plan is approved under subsection (3), the county shall implement and complete the terms of the discharge reduction plan within 2 years. If a county fails to implement and complete the terms of a discharge reduction plan within 2 years, the department shall not grant a new or reissuance of a permit under this part. |
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| 44 | 44 | | |
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| 45 | 45 | | (5) If either of the following occurs, the department, after notice and an opportunity for an evidentiary hearing under the administrative procedures act of 1969, 1969 PA 306, MCL 24.204 to 24.328, may impose an administrative fine of not more than $1,000,000.00 per month that the violation continues: |
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| 46 | 46 | | |
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| 47 | 47 | | (a) A county fails to submit a discharge reduction plan in accordance with this section. |
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| 48 | 48 | | |
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| 49 | 49 | | (b) A county fails to implement and complete a discharge reduction plan after it is approved by the department. |
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| 50 | 50 | | |
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| 51 | 51 | | (6) The department shall advise the attorney general of the failure of a county to pay an administrative fine under subsection (5). The attorney general shall bring a civil action to recover the administrative fine and the costs and fees. An administrative fine recovered under this section must be deposited in the clean water state revolving fund administered by the department and the Michigan municipal bond authority under the authority granted by all of the following: |
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| 52 | 52 | | |
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| 53 | 53 | | (a) Part 53. |
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| 55 | 55 | | (b) The shared credit rating act, 1985 PA 227, MCL 141.1051 to 141.1076. |
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| 56 | 56 | | |
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| 57 | 57 | | (c) The federal water pollution control act, 33 USC 1251 to 1389. |
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