Bill Text: MI SB0123 | 2021-2022 | 101st Legislature | Introduced
Bill Title: Natural resources: shorelands; inspections of high-risk docks and seawalls; require. Amends 1994 PA 451 (MCL 324.101 - 324.90106) & adds secs. 34301, 34305, 34307, 34309, 34311 & 34313.
Spectrum: Partisan Bill (Democrat 10-0)
Status: (Introduced - Dead) 2021-02-10 - Referred To Committee On Environmental Quality [SB0123 Detail]
Download: Michigan-2021-SB0123-Introduced.html
SENATE BILL NO. 123
February 10, 2021, Introduced by Senators
BAYER, GEISS, POLEHANKI, BULLOCK, WOJNO, MOSS, IRWIN, ANANICH, SANTANA and
BRINKS and referred to the Committee on Environmental Quality.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
(MCL 324.101 to 324.90106) by adding sections 34301, 34305, 34307, 34309, 34311, and 34313.
the people of the state of michigan enact:
Sec. 34301. As used in this part:
(a)
"Commercial or industrial riparian structure" means a dock, wharf,
pier, jetty, or seawall that meets both of the following criteria:
(i) Is used for, or protects riparian
property that is used for, commercial or industrial purposes.
(ii) Is not a high-risk riparian
structure.
(b)
"High-risk riparian structure" means a structure located on riparian
property that is classified as high-risk under section 34303 and that
substantially contributes to that riparian property's high-risk classification.
(c)
"Owner of a riparian structure" or "owner" means a person
who owns, leases, controls, operates, maintains, or manages the riparian
structure.
(d)
"Riparian structure" means any of the following:
(i) A high-risk riparian structure.
(ii) A commercial or industrial riparian
structure.
(e)
"Waters of the state" means that term as defined in section 3101.
Sec. 34305. (1) The owner of a
riparian structure shall submit to the department and the municipality where
the riparian structure is located reports on inspections of the riparian
structure. The inspections shall be conducted and the reports prepared by an
environmental consultant who is a licensed professional engineer. An inspection
report shall be submitted pursuant to the schedule established under subsection
(2) as follows:
(a)
Not less than once every 3 years for a high-risk riparian structure.
(b)
Not less than once every 5 years for a commercial or industrial riparian
structure.
(2)
The department shall establish an inspection schedule for riparian structures.
The schedule shall commence January 1, 2022 and require submission of
inspection reports for approximately 1/3 of all high-risk riparian structures
and 1/5 of all commercial or industrial riparian structures each year. The
department shall notify owners of riparian structures in writing when
inspection reports are due.
(3)
The department may require additional inspection reports following an event or
change in conditions that could threaten a riparian structure.
(4)
An inspection report required by this section shall include, at a minimum, all
of the following:
(a)
An evaluation of the riparian structure's structural integrity, taking into
consideration reasonably foreseeable water levels.
(b)
A determination of whether deficiencies exist that could lead to the failure of
the riparian structure, including, but not limited to, the failure to prevent
the release of any substance that may cause pollution of the waters of the
state, if the riparian structure is designed for that purpose.
(c)
Recommendations for maintenance, repair, and modifications of the riparian
structure that are necessary to eliminate any deficiencies.
(5)
If an inspection report under subsection (1) or (3) discloses the need, the
department may require the submission of a report on a more detailed
investigation or evaluation of a particular feature of a riparian structure.
The investigation or evaluation shall be conducted and the report prepared by an
environmental consultant who is a licensed professional engineer.
(6)
If the owner of a riparian structure does not submit a report as required by
subsection (1), (3), or (5), the department may arrange to have an inspection,
investigation, or evaluation conducted and a report prepared. The department
shall provide a copy of the report to the owner of the riparian structure and
the municipality where the riparian structure is located.
(7)
All inspections, investigations, and evaluations required by this section shall
be conducted and all reports required by this section shall be prepared and
submitted at the expense of the owner of the riparian structure. The department
may recover costs incurred under subsection (6) in a civil action in a court of
competent jurisdiction.
(8)
The owner of a riparian structure shall promptly correct a deficiency in the
riparian structure identified in a report under this section.
Sec. 34307. If the department determines that a person is in violation of this part or a rule promulgated under this part, the department may issue an order requiring the person to comply with this part or the rule. An order shall state the nature of the violation, the required compliance action, and a time for compliance that the department determines is reasonable, taking into account the seriousness of the violation and the nature of any threat to public health, safety, welfare, property, or natural resources, or the public trust in those natural resources, that may be involved.
Sec. 34309. (1) If the department determines that a person is in violation of this part or a rule promulgated or order issued under this part, upon request of the department, the attorney general may commence a civil action for appropriate relief, including injunctive relief.
(2) A civil action under this section may be brought in the circuit court for the county of Ingham or for the county in which the riparian structure is located.
(3) In addition to any other relief granted under this section, the court shall impose a civil fine of not less than $2,500.00 or more than $5,000.00 for each day of violation of this part or a rule promulgated or order issued under this part. A fine collected under this subsection shall be deposited in the Great Lakes and rivers protection fund created in section 3115.
Sec. 34311. The department may promulgate rules as necessary to implement and enforce this part.
Sec. 34313. This part does not relieve an owner of any legal duty, obligation, or liability incident to the ownership or operation of a riparian structure.
