Bill Text: MI SB0266 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Environmental protection; water pollution; oceangoing vessels engaging in port operations; authorize permit if ballast tanks have been flushed with seawater. Amends sec. 3112 of 1994 PA 451 (MCL 324.3112).
Spectrum: Partisan Bill (Republican 5-0)
Status: (Introduced - Dead) 2013-03-19 - Referred To Committee On Natural Resources, Environment And Great Lakes [SB0266 Detail]
Download: Michigan-2013-SB0266-Introduced.html
SENATE BILL No. 266
March 19, 2013, Introduced by Senators GREEN, KOWALL, CASPERSON, KAHN and MARLEAU and referred to the Committee on Natural Resources, Environment and Great Lakes.
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 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
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
department setting forth the grounds and reasons for the complaint
and asking for 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 1 or
more of the following:
(a) That the oceangoing vessel is in compliance with sections
151.1500 to 151.1518 of 33 CFR part 151, subpart C.
(b) That the oceangoing vessel will not discharge aquatic
nuisance
species. or
(c) That, 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.
(7) 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 this
state and other
natural
resources. Permit fees for permits under this subsection
(6) shall be assessed as provided in section 3120. The permit fees
for
an individual permit issued under this subsection (6) shall
be
the fees specified in section 3120(1)(a) and (5)(a). The permit
fees
for a general permit issued under this subsection (6) shall
be
the fees specified in section 3120(1)(c) and (5)(b)(i). Permits
under
this subsection (6) shall be issued in accordance with the
timelines provided in section 3120. The department may promulgate
rules
to implement this subsection
(6).