HOUSE BILL NO. 4365 A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 3112a and 3115 (MCL 324.3112a and 324.3115), section 3112a as amended by 2004 PA 72 and section 3115 as amended by 2004 PA 143, and by adding section 3119a. the people of the state of michigan enact: Sec. 3112a. (1) Except for a sewer systems system described in subsection (8), if untreated sewage or partially treated sewage is directly or indirectly discharged from a sewer system onto land or into the waters of the state, the person responsible for the sewer system shall immediately, but not more than 24 hours after before the discharge begins, notify provide notice to all of the following: (a) The department. ; (b) The local health departments as defined in section 1105 of the public health code, 1978 PA 368, MCL 333.1105; a department in each contiguous county that may be affected by the discharge. (c) A daily newspaper of general circulation in the each contiguous county or counties in which a municipality notified pursuant to subsection (4) is located; and a that may be affected by the discharge. (d) A daily newspaper of general circulation in the county in which the discharge occurred or is occurring. of all of the following: (a) Promptly after the discharge starts, by telephone or in another manner required by the department, that the discharge is occurring. (b) At the conclusion of the discharge, in writing or in another manner required by the department, all of the following: (e) The county board of commissioners for each contiguous county that may be affected by the discharge. (f) The county drain commissioner, public works commissioner, or water resources commissioner for each contiguous county that may be affected by the discharge. (2) The notice required under subsection (1) must contain all of the following: (a) (i) The volume and quality of the discharge as measured pursuant to in accordance with procedures and analytical methods approved by the department. (b) (ii) The reason for the discharge. (c) (iii) The waters or land area, or both, receiving that will receive the discharge or that will otherwise be impacted by the discharge. (d) (iv) The time the discharge began and ended as measured pursuant to in accordance with procedures approved by the department. (e) (v) Verification of the person's compliance status with the requirements of its the person's national pollutant discharge elimination system permit or groundwater discharge permit and applicable state and federal statutes, rules, and orders. (3) (2) Upon being After the department is notified of a discharge under subsection (1), the department shall promptly post the notification on its the department's website. (4) (3) Each time a discharge to surface waters occurs under subsection (1), the person responsible for the sewer system shall test the affected waters for E. coli to assess the risk to the public health as a result of the discharge and shall provide the test results to the any affected local county health departments department and to the department. The testing shall must be done at locations specified by each affected local county health department but shall must not exceed 10 tests for each separate discharge event. The requirement for this testing may be waived by the affected local county health department if the affected local county health department determines that such the testing is not needed to assess the risk to the public health as a result of the discharge event. (4) A person responsible for a sewer system that may discharge untreated sewage or partially treated sewage into the waters of the state shall annually contact each municipality whose jurisdiction contains waters that may be affected by the discharge. If those contacted municipalities wish to be notified in the same manner as provided in subsection (1), the person responsible for the sewer system shall provide that notification. (5) A person who that is responsible for a discharge of untreated sewage or partially treated sewage from a sewer system into the waters of the state shall comply with the requirements of its the person's national pollutant discharge elimination system permit or groundwater discharge permit and applicable state and federal statutes, rules, and orders. (6) This section does not authorize the discharge of untreated sewage or partially treated sewage into the waters of the state or limit the state from bringing legal action as otherwise authorized by this part. (7) The penalties and fines provided for in section 3115 apply to a violation of this section. (8) For sewer systems that discharge to the groundwater via a subsurface disposal system, that do not have a groundwater discharge permit issued by the department, and the discharge of untreated sewage or partially treated sewage is not to surface waters, the person responsible for the sewer system shall notify the local health department in accordance with subsection (1)(a) and (b), provide the notice described in subsection (2) to the persons described under subsection (1)(b), (e), and (f), but the requirements of subsections (2), (3), (4), and (5) do not apply. (9) As used in this section: (a) "Local health department" means that term as defined in section 1105 of the public health code, 1978 PA 368, MCL 333.1105. (b) (a) "Partially treated sewage" means any sewage, sewage and storm water, stormwater, or sewage and wastewater, from domestic or industrial sources that meets 1 or more of the following: (i) Is not treated to national secondary treatment standards for wastewater or that is treated to a level less than that required by the person's national pollutant discharge elimination system permit. (ii) Is treated to a level less than that required by the person's groundwater discharge permit. (iii) Is found on the ground surface. (c) (b) "Sewer system" means a public or privately owned sewer system designed and used to convey or treat sanitary sewage or sanitary sewage and storm water. stormwater. Sewer system does not include an on-site wastewater treatment system serving 1 residential unit or duplex. (d) (c) "Surface water" means all of the following, but does not include drainage ways and ponds used solely for wastewater conveyance, treatment, or control: (i) The Great Lakes and their connecting waters. (ii) Inland lakes. (iii) Rivers. (iv) Streams. (v) Impoundments. (vi) Open drains. (vii) Other surface bodies of water. Sec. 3115. (1) The department may request that the attorney general to commence a civil action for appropriate relief, including a permanent or temporary injunction, for a violation of this part or a provision of a permit or order issued or rule promulgated under this part. An action under this subsection may be brought in the circuit court for the county of Ingham County or for the county in which the defendant is located, resides, or is doing business. If requested by the defendant within not later than 21 days after service of process, the court shall grant a change of venue to the circuit court for the county of Ingham County or for the county in which the alleged violation occurred, is occurring, or, in the event of a threat of violation, will occur. The court has jurisdiction to restrain the violation and to require compliance. In addition to any other relief granted under this subsection, the court, except as otherwise provided in this subsection, shall impose a civil fine of not less than $2,500.00 and the court may award reasonable attorney fees and costs to the prevailing party. However, all of the following apply: (a) The maximum fine imposed by the court shall be not more than $25,000.00 per day of violation. (b) For a failure to report a release to the department or to the primary public safety answering point under section 3111b(1), the court shall impose a civil fine of not more than $2,500.00. (c) For a failure to report a release to the local health department under section 3111b(2), the court shall impose a civil fine of not more than $500.00. (2) A Except as otherwise provided under subsection (4), a person who that at the time of the violation knew or should have known that he or she a substance was discharged a substance contrary to in violation of the requirements under this part , or contrary to a permit or order issued or rule promulgated under this part, or who that intentionally makes a false statement, representation, or certification in an application for or form pertaining to a permit or in a notice or report required by the terms and conditions of an issued permit, or who that intentionally renders inaccurate a monitoring device or record required to be maintained by the department, is guilty of a felony. and shall be fined The court may sentence the person to imprisonment for not more than 2 years or impose probation and shall impose a fine of not less than $2,500.00 or more than $25,000.00 for each violation. The court may impose an additional fine of not more than $25,000.00 for each day during which the unlawful discharge occurred. If the conviction is for a violation committed after a first conviction of the person under this subsection, For each subsequent violation described in this subsection, the court shall impose a fine of not less than $25,000.00 per day and not more than $50,000.00 per day of violation. Upon conviction, in addition to a fine, the court in its discretion may sentence the defendant to imprisonment for not more than 2 years or impose probation upon a person for a violation of this part. With the exception of the issuance of criminal complaints, issuance of warrants, and the holding of an arraignment, the circuit court for the county in which the violation occurred has exclusive jurisdiction. However, the person shall not be subject to the penalties of this subsection if the discharge of the effluent is in conformance with and obedient to a rule, order, or permit of the department. In addition to a fine authorized under this subsection, the attorney general may file a civil suit in a court of competent jurisdiction to recover the full value of the injuries done to the natural resources of the this state and the costs of surveillance and enforcement by the this state resulting from the violation. (3) A person that fails to provide notice under section 3112a is subject to a civil fine of not more than $500,000.00. The attorney general may bring an action to collect the civil fine. A civil fine collected under this subsection must be deposited in the discharge recovery fund created in section 3119a. (4) If a county discharges waste, waste effluent, untreated or partially treated sewage, or any other substance in violation of a volumetric limit imposed under this part or a permit or order issued or rule promulgated under this part and the discharge directly or indirectly impacts the watershed of a contiguous county, the county is subject to a civil fine of $5,000,000.00 or 20 cents per gallon of substance discharged in excess of the volumetric limit, whichever is greater. The attorney general may bring an action to collect the civil fine. A civil fine collected under this subsection must be deposited in the discharge recovery fund created in section 3119a. (5) (3) Upon On a finding by the court that the actions of a civil defendant pose or posed a substantial endangerment to the public health, safety, or welfare, the court shall impose, in addition to the sanctions set forth in under subsection (1), a fine of not less than $500,000.00 and not more than $5,000,000.00. (6) (4) Upon On a finding by the court that the actions of a criminal defendant pose or posed a substantial endangerment to the public health, safety, or welfare, the court shall sentence a person to imprisonment for not more than 5 years and impose, in addition to the penalties set forth in under subsection (2), a fine of not less than $1,000,000.00. and, in addition to a fine, a sentence of 5 years' imprisonment. (7) (5) To find a defendant civilly or criminally liable for substantial endangerment under subsection (3) or (4), (5) or (6), the court shall determine that the defendant knowingly or recklessly acted in such a manner as to cause that caused a danger of death or serious bodily injury and that either of the following occurred: (a) The defendant had an actual awareness, belief, or understanding that his or her the defendant's conduct would cause a substantial danger of death or serious bodily injury. (b) The defendant acted in gross disregard of the standard of care that any reasonable person should observe in similar circumstances. (8) (6) Knowledge possessed by a person other than the defendant under subsection (5) (7) may be attributable to the defendant if the defendant took affirmative steps to shield himself or herself be shielded from the relevant information. (9) (7) A Except for a civil fine collected under subsection (5), a civil fine or other award ordered paid pursuant to in accordance with this section shall must do both of the following: (a) Be payable to the state of Michigan and credited to the general fund. (b) Constitute a lien on any property, of any nature or kind, owned by the defendant. (10) (8) A lien under subsection (7)(b) shall take (9)(b) takes effect and have has priority over all other liens and encumbrances except those filed or recorded prior to before the date of judgment only if notice of the lien is filed or recorded as required by state or federal law. (11) (9) A lien filed or recorded pursuant to in accordance with subsection (8) shall (10) must be terminated according to in compliance with the procedures required by state or federal law within not later than 14 days after the fine or other award ordered to be paid is paid. (12) (10) In addition to any other method of collection, any a fine or other award ordered paid may be recovered by right of setoff to any debt owed to the defendant by the state of Michigan, this state, including the right to a refund of income taxes paid. Sec. 3119a. (1) The discharge recovery fund is created in the state treasury. (2) The state treasurer may receive money or other assets from any source for deposit into the discharge recovery fund. The state treasurer shall direct the investment of money in the discharge recovery fund and credit to the discharge recovery fund interest and earnings from fund investments. Money in the discharge recovery fund at the end of the fiscal year remains in the discharge recovery fund and does not lapse to the general fund. The department is the administrator of the discharge recovery fund for auditing purposes. (3) The department shall expend money from the discharge recovery fund, on appropriation, to provide grants to a county whose watershed is impacted by a discharge of waste, waste effluent, untreated or partially treated sewage, or any other substance in violation of this part or a permit or order issued or rule promulgated under this part. An application for a grant under this subsection must be made on a form and in a manner prescribed by the department. The department shall publish criteria on how the grants will be issued under this subsection and make that information available on the department's website.
HOUSE BILL NO. 4365
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 3112a and 3115 (MCL 324.3112a and 324.3115), section 3112a as amended by 2004 PA 72 and section 3115 as amended by 2004 PA 143, and by adding section 3119a.
the people of the state of michigan enact:
Sec. 3112a. (1) Except for a sewer systems system described in subsection (8), if untreated sewage or partially treated sewage is directly or indirectly discharged from a sewer system onto land or into the waters of the state, the person responsible for the sewer system shall immediately, but not more than 24 hours after before the discharge begins, notify provide notice to all of the following:
(a) The department. ;
(b) The local health departments as defined in section 1105 of the public health code, 1978 PA 368, MCL 333.1105; a department in each contiguous county that may be affected by the discharge.
(c) A daily newspaper of general circulation in the each contiguous county or counties in which a municipality notified pursuant to subsection (4) is located; and a that may be affected by the discharge.
(d) A daily newspaper of general circulation in the county in which the discharge occurred or is occurring. of all of the following:
(a) Promptly after the discharge starts, by telephone or in another manner required by the department, that the discharge is occurring.
(b) At the conclusion of the discharge, in writing or in another manner required by the department, all of the following:
(e) The county board of commissioners for each contiguous county that may be affected by the discharge.
(f) The county drain commissioner, public works commissioner, or water resources commissioner for each contiguous county that may be affected by the discharge.
(2) The notice required under subsection (1) must contain all of the following:
(a) (i) The volume and quality of the discharge as measured pursuant to in accordance with procedures and analytical methods approved by the department.
(b) (ii) The reason for the discharge.
(c) (iii) The waters or land area, or both, receiving that will receive the discharge or that will otherwise be impacted by the discharge.
(d) (iv) The time the discharge began and ended as measured pursuant to in accordance with procedures approved by the department.
(e) (v) Verification of the person's compliance status with the requirements of its the person's national pollutant discharge elimination system permit or groundwater discharge permit and applicable state and federal statutes, rules, and orders.
(3) (2) Upon being After the department is notified of a discharge under subsection (1), the department shall promptly post the notification on its the department's website.
(4) (3) Each time a discharge to surface waters occurs under subsection (1), the person responsible for the sewer system shall test the affected waters for E. coli to assess the risk to the public health as a result of the discharge and shall provide the test results to the any affected local county health departments department and to the department. The testing shall must be done at locations specified by each affected local county health department but shall must not exceed 10 tests for each separate discharge event. The requirement for this testing may be waived by the affected local county health department if the affected local county health department determines that such the testing is not needed to assess the risk to the public health as a result of the discharge event.
(4) A person responsible for a sewer system that may discharge untreated sewage or partially treated sewage into the waters of the state shall annually contact each municipality whose jurisdiction contains waters that may be affected by the discharge. If those contacted municipalities wish to be notified in the same manner as provided in subsection (1), the person responsible for the sewer system shall provide that notification.
(5) A person who that is responsible for a discharge of untreated sewage or partially treated sewage from a sewer system into the waters of the state shall comply with the requirements of its the person's national pollutant discharge elimination system permit or groundwater discharge permit and applicable state and federal statutes, rules, and orders.
(6) This section does not authorize the discharge of untreated sewage or partially treated sewage into the waters of the state or limit the state from bringing legal action as otherwise authorized by this part.
(7) The penalties and fines provided for in section 3115 apply to a violation of this section.
(8) For sewer systems that discharge to the groundwater via a subsurface disposal system, that do not have a groundwater discharge permit issued by the department, and the discharge of untreated sewage or partially treated sewage is not to surface waters, the person responsible for the sewer system shall notify the local health department in accordance with subsection (1)(a) and (b), provide the notice described in subsection (2) to the persons described under subsection (1)(b), (e), and (f), but the requirements of subsections (2), (3), (4), and (5) do not apply.
(9) As used in this section:
(a) "Local health department" means that term as defined in section 1105 of the public health code, 1978 PA 368, MCL 333.1105.
(b) (a) "Partially treated sewage" means any sewage, sewage and storm water, stormwater, or sewage and wastewater, from domestic or industrial sources that meets 1 or more of the following:
(i) Is not treated to national secondary treatment standards for wastewater or that is treated to a level less than that required by the person's national pollutant discharge elimination system permit.
(ii) Is treated to a level less than that required by the person's groundwater discharge permit.
(iii) Is found on the ground surface.
(c) (b) "Sewer system" means a public or privately owned sewer system designed and used to convey or treat sanitary sewage or sanitary sewage and storm water. stormwater. Sewer system does not include an on-site wastewater treatment system serving 1 residential unit or duplex.
(d) (c) "Surface water" means all of the following, but does not include drainage ways and ponds used solely for wastewater conveyance, treatment, or control:
(i) The Great Lakes and their connecting waters.
(ii) Inland lakes.
(iii) Rivers.
(iv) Streams.
(v) Impoundments.
(vi) Open drains.
(vii) Other surface bodies of water.
Sec. 3115. (1) The department may request that the attorney general to commence a civil action for appropriate relief, including a permanent or temporary injunction, for a violation of this part or a provision of a permit or order issued or rule promulgated under this part. An action under this subsection may be brought in the circuit court for the county of Ingham County or for the county in which the defendant is located, resides, or is doing business. If requested by the defendant within not later than 21 days after service of process, the court shall grant a change of venue to the circuit court for the county of Ingham County or for the county in which the alleged violation occurred, is occurring, or, in the event of a threat of violation, will occur. The court has jurisdiction to restrain the violation and to require compliance. In addition to any other relief granted under this subsection, the court, except as otherwise provided in this subsection, shall impose a civil fine of not less than $2,500.00 and the court may award reasonable attorney fees and costs to the prevailing party. However, all of the following apply:
(a) The maximum fine imposed by the court shall be not more than $25,000.00 per day of violation.
(b) For a failure to report a release to the department or to the primary public safety answering point under section 3111b(1), the court shall impose a civil fine of not more than $2,500.00.
(c) For a failure to report a release to the local health department under section 3111b(2), the court shall impose a civil fine of not more than $500.00.
(2) A Except as otherwise provided under subsection (4), a person who that at the time of the violation knew or should have known that he or she a substance was discharged a substance contrary to in violation of the requirements under this part , or contrary to a permit or order issued or rule promulgated under this part, or who that intentionally makes a false statement, representation, or certification in an application for or form pertaining to a permit or in a notice or report required by the terms and conditions of an issued permit, or who that intentionally renders inaccurate a monitoring device or record required to be maintained by the department, is guilty of a felony. and shall be fined The court may sentence the person to imprisonment for not more than 2 years or impose probation and shall impose a fine of not less than $2,500.00 or more than $25,000.00 for each violation. The court may impose an additional fine of not more than $25,000.00 for each day during which the unlawful discharge occurred. If the conviction is for a violation committed after a first conviction of the person under this subsection, For each subsequent violation described in this subsection, the court shall impose a fine of not less than $25,000.00 per day and not more than $50,000.00 per day of violation. Upon conviction, in addition to a fine, the court in its discretion may sentence the defendant to imprisonment for not more than 2 years or impose probation upon a person for a violation of this part. With the exception of the issuance of criminal complaints, issuance of warrants, and the holding of an arraignment, the circuit court for the county in which the violation occurred has exclusive jurisdiction. However, the person shall not be subject to the penalties of this subsection if the discharge of the effluent is in conformance with and obedient to a rule, order, or permit of the department. In addition to a fine authorized under this subsection, the attorney general may file a civil suit in a court of competent jurisdiction to recover the full value of the injuries done to the natural resources of the this state and the costs of surveillance and enforcement by the this state resulting from the violation.
(3) A person that fails to provide notice under section 3112a is subject to a civil fine of not more than $500,000.00. The attorney general may bring an action to collect the civil fine. A civil fine collected under this subsection must be deposited in the discharge recovery fund created in section 3119a.
(4) If a county discharges waste, waste effluent, untreated or partially treated sewage, or any other substance in violation of a volumetric limit imposed under this part or a permit or order issued or rule promulgated under this part and the discharge directly or indirectly impacts the watershed of a contiguous county, the county is subject to a civil fine of $5,000,000.00 or 20 cents per gallon of substance discharged in excess of the volumetric limit, whichever is greater. The attorney general may bring an action to collect the civil fine. A civil fine collected under this subsection must be deposited in the discharge recovery fund created in section 3119a.
(5) (3) Upon On a finding by the court that the actions of a civil defendant pose or posed a substantial endangerment to the public health, safety, or welfare, the court shall impose, in addition to the sanctions set forth in under subsection (1), a fine of not less than $500,000.00 and not more than $5,000,000.00.
(6) (4) Upon On a finding by the court that the actions of a criminal defendant pose or posed a substantial endangerment to the public health, safety, or welfare, the court shall sentence a person to imprisonment for not more than 5 years and impose, in addition to the penalties set forth in under subsection (2), a fine of not less than $1,000,000.00. and, in addition to a fine, a sentence of 5 years' imprisonment.
(7) (5) To find a defendant civilly or criminally liable for substantial endangerment under subsection (3) or (4), (5) or (6), the court shall determine that the defendant knowingly or recklessly acted in such a manner as to cause that caused a danger of death or serious bodily injury and that either of the following occurred:
(a) The defendant had an actual awareness, belief, or understanding that his or her the defendant's conduct would cause a substantial danger of death or serious bodily injury.
(b) The defendant acted in gross disregard of the standard of care that any reasonable person should observe in similar circumstances.
(8) (6) Knowledge possessed by a person other than the defendant under subsection (5) (7) may be attributable to the defendant if the defendant took affirmative steps to shield himself or herself be shielded from the relevant information.
(9) (7) A Except for a civil fine collected under subsection (5), a civil fine or other award ordered paid pursuant to in accordance with this section shall must do both of the following:
(a) Be payable to the state of Michigan and credited to the general fund.
(b) Constitute a lien on any property, of any nature or kind, owned by the defendant.
(10) (8) A lien under subsection (7)(b) shall take (9)(b) takes effect and have has priority over all other liens and encumbrances except those filed or recorded prior to before the date of judgment only if notice of the lien is filed or recorded as required by state or federal law.
(11) (9) A lien filed or recorded pursuant to in accordance with subsection (8) shall (10) must be terminated according to in compliance with the procedures required by state or federal law within not later than 14 days after the fine or other award ordered to be paid is paid.
(12) (10) In addition to any other method of collection, any a fine or other award ordered paid may be recovered by right of setoff to any debt owed to the defendant by the state of Michigan, this state, including the right to a refund of income taxes paid.
Sec. 3119a. (1) The discharge recovery fund is created in the state treasury.
(2) The state treasurer may receive money or other assets from any source for deposit into the discharge recovery fund. The state treasurer shall direct the investment of money in the discharge recovery fund and credit to the discharge recovery fund interest and earnings from fund investments. Money in the discharge recovery fund at the end of the fiscal year remains in the discharge recovery fund and does not lapse to the general fund. The department is the administrator of the discharge recovery fund for auditing purposes.
(3) The department shall expend money from the discharge recovery fund, on appropriation, to provide grants to a county whose watershed is impacted by a discharge of waste, waste effluent, untreated or partially treated sewage, or any other substance in violation of this part or a permit or order issued or rule promulgated under this part. An application for a grant under this subsection must be made on a form and in a manner prescribed by the department. The department shall publish criteria on how the grants will be issued under this subsection and make that information available on the department's website.