Bill Text: MI SB0682 | 2015-2016 | 98th Legislature | Introduced
Bill Title: Natural resources; other; aquaculture facilities; authorize and provide for consolidated permitting. Amends secs. 3101, 30103, 30104, 30306 & 48735 of 1994 PA 451 (MCL 324.3101 et seq.) & repeals pt. 459 of 1994 PA 451 (MCL 324.45901 - 324.45908). TIE BAR WITH: SB 0681'15, SB 0683'15
Spectrum: Partisan Bill (Republican 4-0)
Status: (Introduced - Dead) 2015-12-16 - Referred To Committee On Agriculture [SB0682 Detail]
Download: Michigan-2015-SB0682-Introduced.html
SENATE BILL No. 682
December 16, 2015, Introduced by Senators BOOHER, ROBERTSON, SHIRKEY and CASPERSON and referred to the Committee on Agriculture.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 3101, 30103, 30104, 30306, and 48735 (MCL
324.3101, 324.30103, 324.30104, 324.30306, and 324.48735), section
3101 as amended by 2006 PA 97, section 30103 as amended by 2014 PA
253, section 30104 as amended by 2015 PA 76, section 30306 as
amended by 2013 PA 98, and section 48735 as amended by 2003 PA 270,
and by adding sections 3113b and 32515b; and to repeal acts and
parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3101. As used in this part:
(a) "Aquatic nuisance species" means a nonindigenous species
that threatens the diversity or abundance of native species or the
ecological stability of infested waters, or commercial,
agricultural, aquacultural, or recreational activities dependent on
such waters.
(b) "Ballast water" means water and associated solids taken on
board a vessel to control or maintain trim, draft, stability, or
stresses on the vessel, without regard to the manner in which it is
carried.
(c) "Ballast water treatment method" means a method of
treating ballast water and sediments to remove or destroy living
biological organisms through 1 or more of the following:
(i) Filtration.
(ii) The application of biocides or ultraviolet light.
(iii) Thermal methods.
(iv) Other treatment techniques approved by the department.
(d) "Department" means the department of environmental
quality.
(e) "Detroit consumer price index" means the most
comprehensive index of consumer prices available for the Detroit
area
from the United States department of labor, bureau of labor
statistics.Department of Labor, Bureau of Labor
Statistics.
(f) "Emergency management coordinator" means that term as
defined in section 2 of the emergency management act, 1976 PA 390,
MCL 30.402.
(g) "Great Lakes" means the Great Lakes and their connecting
waters, including Lake St. Clair.
(h) "Group 1 facility" means a facility whose discharge is
described by R 323.2218 of the Michigan administrative code.
(i) "Group 2 facility" means a facility whose discharge is
described by R 323.2210(y), R 323.2215, or R 323.2216 of the
Michigan administrative code.
(j) "Group 3 facility" means a facility whose discharge is
described by R 323.2211 or R 323.2213 of the Michigan
administrative code.
(k) "Livestock" means that term as it is defined in section 5
of the animal industry act, 1988 PA 466, MCL 287.705.
(l) (k)
"Local health department"
means that term as defined
in section 1105 of the public health code, 1978 PA 368, MCL
333.1105.
(m) (l) "Local
unit" means a county, city, village, or
township or an agency or instrumentality of any of these entities.
(n) (m)
"Municipality" means this
state, a county, city,
village, or township, or an agency or instrumentality of any of
these entities.
(o) (n)
"National response
center" means the national
communications
center National
Communications Center established
under
the clean water federal
water pollution control act, 33 USC
1251
to 1387, located in Washington, DC, D.C., that receives and
relays notice of oil discharge or releases of hazardous substances
to appropriate federal officials.
(p) (o)
"Nonoceangoing vessel"
means a vessel that is not an
oceangoing vessel.
(q) (p)
"Oceangoing vessel" means
a vessel that operates on
the Great Lakes or the St. Lawrence waterway after operating in
waters outside of the Great Lakes or the St. Lawrence waterway.
(r) (q)
"Open water disposal of
contaminated dredge materials"
means the placement of dredge materials contaminated with toxic
substances as defined in R 323.1205 of the Michigan administrative
code into the open waters of the waters of the state but does not
include the siting or use of a confined disposal facility
designated
by the United States army corps Army
Corps of engineers
Engineers or beach nourishment activities utilizing uncontaminated
materials.
(s) (r)
"Primary public safety
answering point" means that
term
as defined in section 102 of the emergency telephone 9-1-1
service enabling act, 1986 PA 32, MCL 484.1102.
(t) (s)
"Sediments" means any
matter settled out of ballast
water within a vessel.
(u) (t)
"Sewage sludge" means
sewage sludge generated in the
treatment of domestic sewage, other than only septage or industrial
waste.
(v) (u)
"Sewage sludge
derivative" means a product for land
application derived from sewage sludge that does not include solid
waste or other waste regulated under this act.
(w) (v)
"Sewage sludge generator"
means a person who generates
sewage sludge that is applied to land.
(x) (w)
"Sewage sludge
distributor" means a person who
applies, markets, or distributes, except at retail, a sewage sludge
derivative.
(y) (x)
"St. Lawrence waterway"
means the St. Lawrence river,
River,
the St. Lawrence seaway, Seaway, and
the gulf Gulf of St.
Lawrence.
(z) (y)
"Threshold reporting
quantity" means that term as
defined in R 324.2002 of the Michigan administrative code.
(aa) (z)
"Waters of the state"
means groundwaters, lakes,
rivers, and streams and all other watercourses and waters,
including the Great Lakes, within the jurisdiction of this state.
Sec. 3113b. (1) An aquaculture facility that is registered
under the Michigan aquaculture development act, 1996 PA 199, MCL
286.871 to 286.884, is not required to obtain a permit under this
part unless it is a concentrated aquatic animal production facility
as defined in 40 CFR 122.24. For a land-based aquaculture facility
as defined in section 2 of the Michigan aquaculture development
act, 1996 PA 199, MCL 286.872, that is subject to a permit under
this part, the department shall develop a general permit to cover
its operations.
(2) Notwithstanding any other provision of this part or part
13, a permit issued under this part for an aquaculture facility or
confinement research facility is subject to section 7a of the
Michigan aquaculture development act, 1996 PA 199, MCL 286.877a. As
used in this subsection, "aquaculture facility" and "confinement
research facility" mean those terms as defined in section 2 of the
Michigan aquaculture development act, 1996 PA 199, MCL 286.872.
Sec. 30103. (1) A permit is not required under this part for
any of the following:
(a) Any fill or structure existing before April 1, 1966, in
waters covered by former 1965 PA 291, and any fill or structures
existing before January 9, 1973, in waters covered for the first
time by former 1972 PA 346.
(b) A seasonal structure placed on bottomland to facilitate
private noncommercial recreational use of the water if it does not
unreasonably interfere with the use of the water by others entitled
to use the water or interfere with water flow.
(c) Reasonable sanding of beaches to the existing water's edge
by the riparian owner or a person authorized by the riparian owner.
(d) Maintenance of an agricultural drain, regardless of
outlet, if all of the following requirements are met:
(i) The maintenance includes only activities that maintain the
location, depth, and bottom width of the drain as constructed or
modified at any time before July 1, 2014.
(ii) The maintenance is performed by the landowner or pursuant
to the drain code of 1956, 1956 PA 40, MCL 280.1 to 280.630.
(e) A waste collection or treatment facility that is ordered
to be constructed or is approved for construction under state or
federal water pollution control law, if constructed in upland.
(f) Construction and maintenance of minor drainage structures
and
facilities which that are identified by rule promulgated by the
department pursuant to section 30110. Before such a rule is
promulgated, the rule shall be approved by the majority of a
committee consisting of the director of the department, the
director of the department of agriculture and rural development,
and the director of the state transportation department or their
designated representatives. The rules shall be reviewed at least
annually.
(g) Maintenance of a drain that either was legally established
and constructed before January 1, 1973, pursuant to the drain code
of 1956, 1956 PA 40, MCL 280.1 to 280.630, except those legally
established drains constituting mainstream portions of certain
natural watercourses identified in rules promulgated by the
department under section 30110, or was constructed or modified
under a permit issued pursuant to this part. As used in this
subdivision, "maintenance of a drain" means the physical
preservation of the location, depth, and bottom width of a drain
and appurtenant structures to restore the function and approximate
capacity of the drain as constructed or modified at any time before
July 1, 2014, and includes, but is not limited to, the following
activities if performed with best management practices:
(i) Excavation of accumulated sediments back to original
contours.
(ii) Reshaping of the side slopes.
(iii) Bank stabilization where reasonably necessary to prevent
erosion. Materials used for stabilization must be compatible with
existing bank or bed materials.
(iv) Armoring, lining, or piping if a previously armored,
lined, or piped section is being repaired and all work occurs
within the footprint of the previous work.
(v) Replacement of existing control structures, if the
original function of the drain is not changed and the original
approximate capacity of the drain is not increased.
(vi) Repair of stabilization structures.
(vii) Culvert replacement, including culvert extensions of not
more than 24 additional feet per culvert.
(viii) Emergency reconstruction of recently damaged parts of
the drain. Emergency reconstruction must occur within a reasonable
period of time after damage occurs in order to qualify for this
exemption.
(h) Projects constructed under the watershed protection and
flood
prevention act, chapter 656, 68 Stat. 666, 16 USC 1001 to
1008,
1010, and 1011.1012.
(i) Construction and maintenance of privately owned cooling or
storage ponds used in connection with a public utility except at
the interface with public waters.
(j) Maintenance of a structure constructed under a permit
issued pursuant to this part and identified by rule promulgated
under section 30110, if the maintenance is in place and in kind
with no design or materials modification.
(k) A water withdrawal.
(l) Annual installation of a seasonal dock or docks, pilings,
mooring buoys, or other mooring structures previously authorized by
and in accordance with a permit issued under this part.
(m) Controlled access of livestock to streams for watering or
crossing if constructed in accordance with applicable practice
standards
set by the United States department of agriculture,
natural
resources conservation service.Department
of Agriculture,
Natural Resources Conservation Service.
(n) Temporary drawdowns of impoundments at hydroelectric
projects
licensed by the federal energy regulatory commission
Federal Energy Regulatory Commission (FERC) and subject to FERC's
authority if both of the following apply:
(i) The FERC licensee has consulted this state during the
drawdown plan development and this state's concerns have been
addressed in the drawdown plan as FERC considers appropriate.
(ii) Adverse environmental impacts, including stream flow,
aquatic resources, and timing, have been avoided and minimized to
the extent practical.
(o) Removal, by the riparian owner or a person authorized by
the riparian owner, of plants that are an aquatic nuisance as
defined in section 3301, if the removal is accomplished by hand-
pulling without using a powered or mechanized tool and all plant
fragments are removed from the water and properly disposed of on
land above the ordinary high-water mark as defined in section
30101.
(p) Raking of lake bottomlands by the riparian owner or a
person authorized by the riparian owner. To minimize effects on the
lake bottomlands, the areas raked shall be unvegetated before
raking and predominantly composed of sand or pebbles, and the
raking shall be performed without using a powered or mechanized
tool. For the purposes of this subdivision, the pulling of a
nonpowered, nonmechanized tool with a boat is not the use of a
powered or mechanized tool.
(q) Removal of material within privately controlled waters
that is carried by a river or stream into an aquaculture facility
or a confinement research facility, as those terms are defined in
section 2 of the Michigan aquaculture development act, 1996 PA 199,
MCL 286.872.
(2) As used in this section, "water withdrawal" means the
removal of water from its source for any purpose.
(3) As used in this part, "agricultural drain" means a human-
made conveyance of water that meets all of the following
requirements:
(a) Does not have continuous flow.
(b) Flows primarily as a result of precipitation-induced
surface runoff or groundwater drained through subsurface drainage
systems.
(c) Serves agricultural production.
(d) Was constructed before January 1, 1973, or was constructed
in compliance with this part or former 1979 PA 203.
Sec. 30104. (1) A person shall not undertake a project subject
to this part except as authorized by a permit issued by the
department pursuant to part 13. An application for a permit shall
include any information that may be required by the department. If
a project includes activities at multiple locations, 1 application
may be filed for the combined activities.
(2) Except as provided in subsections (3) and (4), until
October 1, 2019, an application for a permit shall be accompanied
by an application fee based on an administrative cost in accordance
with the following schedule:
(a) For a permit for a seasonal drawdown or associated
reflooding, or both, of a dam or impoundment for the purpose of
weed control that is issued for the first time after October 9,
1995, an initial fee of $500.00 with subsequent permits for the
same purpose being assessed a $50.00 fee.
(b) For activities included in a minor project category
established under section 30105(7), a fee of $100.00.
(c) For activities included in a general permit category
established under section 30105(8), a fee of $50.00.
(d) For construction or expansion of a marina, a fee as
follows:
(i) $50.00 for an expansion of 1-10 slips to an existing
permitted marina.
(ii) $100.00 for a new marina with 1-10 proposed marina slips.
(iii) $250.00 for an expansion of 11-50 slips to an existing
permitted marina, plus $10.00 for each slip over 50.
(iv) $500.00 for a new marina with 11-50 proposed marina
slips, plus $10.00 for each slip over 50.
(v) $1,500.00 if an existing permitted marina proposes
maintenance dredging of 10,000 cubic yards or more, unless the
dredge material has been determined through testing to be 90% or
more sand, or the addition of seawalls, bulkheads, or revetments of
500 feet or more.
(e) For major projects other than a project described in
subdivision (d)(v), involving any of the following, a fee of
$2,000.00:
(i) Dredging of 10,000 cubic yards or more, unless the dredge
material has been determined through testing to be 90% or more
sand.
(ii) Filling of 10,000 cubic yards or more.
(iii) Seawalls, bulkheads, or revetments of 500 feet or more.
(iv) Filling or draining of 1 acre or more of wetland
contiguous to a lake or stream.
(v) New dredging or upland boat basin excavation in areas of
suspected contamination.
(vi) Shore projections, such as groins and underwater
stabilizers, that extend 150 feet or more into a lake or stream.
(vii) New commercial docks or wharves of 300 feet or more in
length.
(viii) Stream enclosures 100 feet or more in length.
(ix) Stream relocations 500 feet or more in length.
(x) New golf courses.
(xi) Subdivisions.
(xii) Condominiums.
(f) For the removal of submerged logs from bottomland of an
inland lake, a $500.00 fee.
(g) For all other projects not listed in subdivisions (a)
through (f), a fee of $500.00.
(3) A project that requires review and approval under this
part and 1 or more of the following acts or parts of acts is
subject to only the single highest fee required under this part or
the following acts or parts of acts:
(a) Section 3104.
(b) Part 303.
(c) Part 323.
(d) Part 325.
(e) Section 117 of the land division act, 1967 PA 288, MCL
560.117.
(4) If work has been done in violation of a permit requirement
under this part and restoration is not ordered by the department,
the department may accept an application for a permit if the
application is accompanied by a fee equal to 2 times the permit fee
required under this section.
(5) If the department denies an application for a permit under
this part, the department shall promptly refund the application fee
paid under this section.
(6) Notwithstanding any other provision of this part or part
13, a permit issued under this part for an aquaculture facility or
confinement research facility is subject to section 7a of the
Michigan aquaculture development act, 1996 PA 199, MCL 286.877a. As
used in this subsection, "aquaculture facility" and "confinement
research facility" mean those terms as defined in section 2 of the
Michigan aquaculture development act, 1996 PA 199, MCL 286.872.
Sec. 30306. (1) Except as provided in section 30307(6), to
obtain a permit for a use or development listed in section 30304, a
person shall file an application with the department on a form
provided by the department. The application shall include all of
the following:
(a) The person's name and address.
(b) The location of the wetland.
(c) A description of the wetland.
(d) A statement and appropriate drawings describing the
proposed use or development.
(e) The wetland owner's name and address.
(f) An environmental assessment of the proposed use or
development if requested by the department. The assessment shall
include the effects upon wetland benefits and the effects upon the
water quality, flow, and levels, and the wildlife, fish, and
vegetation within a contiguous lake, river, or stream.
(2) For the purposes of subsection (1), a proposed use or
development of a wetland shall be covered by a single permit
application under this part if the scope, extent, and purpose of a
use or development are made known at the time of the application
for the permit.
(3) Except as provided in subsections (4) and (5), an
application for a permit submitted under subsection (1) shall be
accompanied by the following application fee, as applicable:
(a) For a project in a category of activities for which a
general
permit is issued under section 30312, 30312(2), a fee of
$50.00.
(b) For activities included in a minor project category
established under section 30312(1), a fee of $100.00.
(c) For a major project, including any of the following, a fee
of $2,000.00:
(i) Filling or draining of 1 acre or more of coastal
or inland
wetland.
(ii) 10,000 cubic yards or more of wetland fill.
(iii) A new golf course affecting wetland.
(iv) A subdivision affecting wetland.
(v) A condominium affecting wetland.
(d) For all other projects, a fee of $500.00.
(4) A project that requires review and approval under this
part and 1 or more of the following is subject to only the single
highest fee required under this part or the following:
(a) Section 3104.
(b) Part 301.
(c) Part 323.
(d) Part 325.
(e) Section 117 of the land division act, 1967 PA 288, MCL
560.117.
(5) If work has been done in violation of a permit requirement
under this part and restoration is not ordered by the department,
the department may accept an application for a permit if the
application is accompanied by a fee equal to twice the application
fee otherwise required under this section.
(6) If the department determines that a permit is not required
under this part or denies an application for a permit under this
part, the department shall promptly refund the application fee paid
under this section.
(7) The department may issue a conditional permit before the
expiration of the 20-day period referred to in section 30307 if
emergency conditions warrant a project to protect property or the
public health, safety, or welfare.
(8) Notwithstanding any other provision of this part or part
13, a permit issued under this part for an aquaculture facility or
confinement research facility is subject to section 7a of the
Michigan aquaculture development act, 1996 PA 199, MCL 286.877a. As
used in this subsection, "aquaculture facility" and "confinement
research facility" mean those terms as defined in section 2 of the
Michigan aquaculture development act, 1996 PA 199, MCL 286.872.
Sec. 32515b. (1) The department shall authorize the use of
bottomlands for the placement of a water-based aquaculture facility
if the water-based aquaculture facility complies with this part and
the Michigan aquaculture development act, 1996 PA 199, MCL 286.871
to 286.884.
(2) Notwithstanding any other provision of this part or part
13, a permit issued under this part for an aquaculture facility or
confinement research facility is subject to section 7a of the
Michigan aquaculture development act, 1996 PA 199, MCL 286.877a.
(3) As used in this section, "aquaculture facility",
"confinement research facility", and "water-based aquaculture
facility" mean those terms as defined in section 2 of the Michigan
aquaculture development act, 1996 PA 199, MCL 286.872.
Sec.
48735. (1) Subject Except
as provided in subsection (8)
and subject to subsection (2), a person shall not take from any of
the inland waters of this state any fish in any manner for the
purpose of fish culture or scientific investigation without first
obtaining a permit from the department, except that a person who is
operating a private fish pond may take fish from his or her own
pond for the purpose of propagation, scientific investigation, or
sale under part 459.
(2) The department may issue permits to possess live game fish
in public or private ponds, pools, or aquariums under rules and
regulations as the department prescribes. This subsection is
subject to subsection (5).
(3) The department may cause to be taken from the inland
waters of this state any species of fish for the purpose of
obtaining spawn for fish culture or scientific investigation or for
the protection of the inland waters from ecological damage or
imbalance. In addition, the department may cause to be taken from
the inland waters of this state species of fish that are not
required to maintain the fishery resources of the inland waters.
All fish taken under this subsection shall be taken under the
supervision of a deputy of the department appointed for that
purpose and in accordance with the regulations of the department of
agriculture and rural development, and the fish may be sold or
transferred by the department.
(4) A person shall not import or bring any live game fish,
including viable eggs of any game fish, from outside of this state
except under a permit from the department or under part 459 and the
rules
promulgated in accordance with under
that part. A person
shall not plant any spawn, fry, or fish of any kind in any of the
public waters of this state or any other waters under the
jurisdiction of this state without first obtaining a permit from
the department that states the species, number, and approximate
size or age of the spawn, fry, or fish to be planted and the name
and location of the waters where the spawn, fry, or fish shall be
planted. A permit is not required to plant spawn, fry, or fish
furnished by the federal or state government. This subsection is
subject to subsection (5).
(5) A permit under subsection (2) or (4) does not include a
genetically engineered variant of a fish species identified in the
permit unless the genetically engineered variant is specifically
identified in the permit. A permit under subsection (2) or (4) may
be limited to a genetically engineered fish.
(6) A permit under this section shall be exhibited upon the
request of any law enforcement officer.
(7) The department shall annually report to the legislature
all fish sold or transferred pursuant to this part.
(8) A permit is not required under this part for either of the
following:
(a) An aquaculture facility that is registered under the
Michigan aquaculture development act, 1996 PA 199, MCL 286.871 to
286.884.
(b) A confinement research facility holding an aquaculture
research permit under the Michigan aquaculture development act,
1996 PA 199, MCL 286.871 to 286.884.
Enacting section 1. Part 459 of the natural resources and
environmental protection act, 1994 PA 451, MCL 324.45901 to
324.45908, is repealed.
Enacting section 2. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 3. This amendatory act does not take effect
unless all of the following bills of the 98th Legislature are
enacted into law:
(a) Senate Bill No. 681.
(b) Senate Bill No. 683.
