Bill Text: MI HB4043 | 2011-2012 | 96th Legislature | Engrossed
Bill Title: Environmental protection; enforcement actions; require department to meet with permittee prior to initiating certain civil enforcement. Amends 1994 PA 451 (MCL 324.101 - 324.90106) by adding sec. 1511.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Passed) 2011-12-06 - Assigned Pa 237'11 With Immediate Effect [HB4043 Detail]
Download: Michigan-2011-HB4043-Engrossed.html
HB-4043, As Passed Senate, November 10, 2011
SUBSTITUTE FOR
HOUSE BILL NO. 4043
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
(MCL 324.101 to 324.90106) by adding section 1511.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1511. (1) Subject to subsection (2) and notwithstanding
any other provision of this act, before initiating a civil
enforcement action under this act against a person holding a
permit, the department shall contact the permittee and extend an
offer for staff of the department to meet with the person to
discuss the potential civil enforcement action and potential
resolution of the issue. If the permittee agrees to meet with the
department, the department shall not initiate a civil enforcement
action until after the meeting is held, unless the meeting is not
held within a reasonable time as determined by the department.
(2) Subsection (1) does not apply under any of the following
circumstances:
(a) The civil enforcement action is a civil infraction action.
(b) The department determines that the violation that is the
subject of the potential civil enforcement action constitutes an
imminent and substantial endangerment of the public health, safety,
or welfare or of the environment.
(3) As used in this section:
(a) "Department" means the department, agency, or officer
authorized by this act to approve or deny an application for a
permit.
(b) "Permit" means a permit or operating license issued under
this act.
