HB 5698

HOUSE BILL NO. 5698
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection
act,"
by amending section 3112 (MCL 324.3112), as amended by
2018 PA 667.
the people of the state of michigan enact:
Sec. 3112. (1) A Except as otherwise
provided in section 3116a, a person shall not discharge any waste or
waste effluent into the waters of this the state unless the person is in possession of a
valid permit from the department.
(2) An application
for a permit under subsection (1) shall must be submitted to the department. Within Not later than 30
days after an application for a new or increased use is received, the
department shall determine whether the application is administratively
complete. Within Not
later than 90 days after an application for reissuance of a permit is
received, the department shall determine whether the application is
administratively complete. If the department determines that an application is
not administratively complete, the department
shall notify the applicant in writing within the applicable time period. If the
department does not make a determination as to whether the application is administratively complete within the applicable time
period, the application shall be is considered to be administratively complete.
(3) The department
shall condition the continued validity of a permit upon
on the permittee's meeting the effluent
requirements that the department considers necessary to prevent unlawful
pollution by the dates that the department considers to be reasonable and
necessary and to ensure compliance with applicable federal law. If the
department finds that the terms of a permit have been, are being, or may be
violated, it the
department may modify, suspend, or revoke the permit or grant the
permittee a reasonable period of time in which to comply with the permit. The
department may reissue a revoked permit upon on a showing satisfactory to the department that the
permittee has corrected the violation. A person who
that has had a permit revoked may apply
for a new permit.
(4) If the
department determines that a person is causing or is about to cause unlawful
pollution of the waters of this the state, the department may notify the alleged
offender of its the
department's determination and enter an order requiring that requires the
person to abate the pollution or may refer the matter to the attorney general
for legal action, or both.
(5) A person who that is
aggrieved by an order of abatement of the department or by the reissuance,
modification, suspension, or revocation of an existing permit of the department
executed pursuant to in accordance with this section may file a sworn
petition with the department setting that sets forth the grounds and reasons for the
complaint and requesting requests a contested case hearing on the matter pursuant to under the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. A
petition filed more than 60 days after action on the order or permit may be
rejected by the department as being untimely.
(6) All oceangoing
vessels engaging in port operations in this state shall obtain a permit from
the department. The department shall issue a permit for an oceangoing vessel
only if the applicant can demonstrate that the oceangoing vessel complies with
33 CFR 151.1510 as then in effect or the oceangoing vessel will utilize
environmentally sound technology and methods approved by the department that
prevent the discharge of aquatic nuisance species. However, all of the
following shall apply:
(a) The grant by
the coast guard of an extension to the implementation schedule under 33 CFR
151.1513 or the exchange of ballast water under 33 CFR 151.1510(a)(1) or
saltwater flushing under 33 CFR 401.30 alone is not considered compliance with
the federal aquatic nuisance rule for the purposes of this section.
(b) A vessel
discharging ballast water must employ a ballast water management system
approved pursuant to under 33 CFR 151.1510(A)(3)
151.1510(a)(3) or a ballast water
treatment method approved by the department.
(c) A vessel must
carry out an exchange of ballast water or saltwater flushing and comply with
other applicable requirements of 33 CFR part 151, subpart C, and 33 CFR 401.30.
(d) A vessel using
water from a public water system under 33 CFR 151.1510(a)(4) shall must utilize
a method to sufficiently clean ballast water tanks prior
to before using water from a public
water supply system as ballast water as approved by the department.
(e) A discharge
that may cause or contribute to a violation of a water quality standard is not
authorized by a permit described in this subsection.
(f) If the federal
aquatic nuisance rule is amended after the
enactment date of the December 28, 2018, amendatory act that
added subsection (7), and the director determines that the amended
version of the federal aquatic nuisance rule is less protective of the waters
of this the state
from aquatic nuisance species, the applicant shall demonstrate that the
oceangoing vessel complies with the federal aquatic nuisance rule as in effect
immediately before the effective date of that amendment to the federal aquatic
nuisance rule.
(g) If pursuant to in accordance
with a compact of Great Lakes states of which this state is a part, this
state adopts standards more protective of the waters of this the state
from aquatic nuisance species than the version of the federal aquatic nuisance
rule otherwise applicable under this subsection, the standards adopted pursuant to in accordance
with the compact apply.
(7) The intent of
the legislature in adopting in part the federal aquatic nuisance rule by
reference is to help harmonize regulatory programs in Great Lakes states for
preventing the introduction and spread of aquatic nuisance species in the Great
Lakes, including ballast water management programs, and to allow regulatory
agencies to cooperate in developing stronger programs.
(8) Permit fees for
permits under subsection (6) shall be are assessed as provided in section 3120. The permit
fees for an individual permit issued under subsection (6) are the fees
specified in section 3120(1)(a) and (5)(a). The permit fees for a general
permit issued under subsection (6) are the fees specified in section 3120(1)(c)
and (5)(b)(i). Permits under subsection (6) shall must be issued in accordance with the timelines
provided in section 3120. The department may promulgate rules in accordance with the administrative procedures act of
1969, 1969 PA 306, MCL 24.201 to 24.328, to implement subsections (6) to (8).and (7).
(9) As used in this
section, "federal aquatic nuisance rule" means 33 CFR part 151,
subpart C, and applicable requirements of 33 CFR 151.2050, 151.2060, and
151.2070.
Enacting section 1.
This amendatory act does not take effect unless House Bill No. 5699 (request
no. H06495'26) of the 103rd Legislature is enacted into law.