Bill Text: MI HB5095 | 2017-2018 | 99th Legislature | Engrossed
Bill Title: Environmental protection; water pollution; permit for ballast water discharge from oceangoing vessels; adopt Coast Guard standards. Amends sec. 3112 of 1994 PA 451 (MCL 324.3112).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Vetoed) 2018-09-05 - Re-referred To Committee On Commerce And Trade [HB5095 Detail]
Download: Michigan-2017-HB5095-Engrossed.html
HB-5095, As Passed Senate, November 9, 2017
HOUSE BILL No. 5095
October 12, 2017, Introduced by Reps. Lauwers, Barrett, Hernandez, Frederick, Marino, Victory, Bellino, Hornberger, Cole, Allor, Glenn, Roberts and VanderWall and referred to the Committee on Commerce and Trade.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 3112 (MCL 324.3112), as amended by 2005 PA 33.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3112. (1) A person shall not discharge any waste or waste
effluent into the waters of this state unless the person is in
possession of a valid permit from the department.
(2) An application for a permit under subsection (1) shall be
submitted to the department. Within 30 days after an application
for a new or increased use is received, the department shall
determine whether the application is administratively complete.
Within 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 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 complete within the applicable time period, the
application shall be considered to be complete.
(3) The department shall condition the continued validity of a
permit upon 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 assure ensure compliance with applicable federal
law. and
regulations. If the department finds that the terms of a
permit have been, are being, or may be violated, it 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 a showing satisfactory to the
department that the permittee has corrected the violation. A person
who 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 state,
the department may notify the alleged offender of its determination
and enter an order requiring the person to abate the pollution or
may refer the matter to the attorney general for legal action, or
both.
(5) A person who 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 this section may file a sworn petition with the
House Bill No. 5095 as amended November 2, 2017
department setting forth the grounds and reasons for the complaint
and
asking for requesting a contested case hearing on the matter
pursuant to 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)
Beginning January 1, 2007, all 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 will not discharge aquatic nuisance species or if
the
oceangoing vessel discharges ballast water or other waste or
waste
effluent, that the operator of the vessel will utilize
environmentally
sound technology and methods, as determined by the
department,
that can be used to prevent the discharge of aquatic
nuisance
species. The department shall cooperate to the fullest
extent
practical with other Great Lakes basin states, the Canadian
Great
Lakes provinces, the Great Lakes panel on aquatic nuisance
species,
the Great Lakes fishery commission, the international
joint
commission, and the Great Lakes commission to ensure
development
of standards for the control of aquatic nuisance
species
that are broadly protective of the waters of the state and
other
natural resources. complies
with [the federal
aquatic nuisance
rule as then in effect. However, if the federal aquatic nuisance rule is amended after the enactment date of the 2017 amendatory act that added subsection (8), and the director determines that the amended version of the federal aquatic nuisance rule is less protective of the waters of this 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. Furthermore, if pursuant to a compact of Great Lakes states of which this state is a part, this state adopts standards more protective of the waters of this state from aquatic nuisance species than the version of the federal aquatic nuisance rule otherwise applicable under this subsection, the standards adopted pursuant to the compact apply. The intent of the legislature in adopting 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.
(7).]
Permit fees for permits under this subsection shall be assessed as
provided in section 3120. The permit fees for an individual permit
issued
under this subsection shall be are
the fees specified in
section 3120(1)(a) and (5)(a). The permit fees for a general permit
House Bill No. 5095 as amended November 2, 2017
issued
under this subsection shall be are
the fees specified in
section 3120(1)(c) and (5)(b)(i). Permits under this subsection
shall be issued in accordance with the timelines provided in
section 3120. The department may promulgate rules to implement this
subsection.
[(8) 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.]
