Bill Text: MI SB0849 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Natural resources: mining; department of environment, Great Lakes, and energy permit for aggregate mining; require. Amends sec. 32723 of 1994 PA 451 (MCL 324.32723) adds sec. 1708. TIE BAR WITH: SB 0431'19
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-09-23 - Referred To Committee Of The Whole With Substitute (s-1) [SB0849 Detail]
Download: Michigan-2019-SB0849-Introduced.html
SENATE BILL NO. 849
March 17, 2020, Introduced by Senator HOLLIER
and referred to the Committee on Transportation and Infrastructure.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 32723 (MCL 324.32723), as amended by 2008 PA 180, and by adding section 1708.
the people of the state of michigan enact:
Sec. 1708. (1) Notwithstanding any
authorization or permit granted under a zoning ordinance for the extraction of aggregates
by mining, the extraction of aggregates by mining shall not pollute, impair, or
destroy natural resources.
(2)
Subsection (1) is subject to enforcement under this part.
(3)
The excavation and removal of aggregates and of associated overburden does not,
of itself, constitute pollution, impairment, or destruction of those natural
resources.
Sec. 32723. (1) Except as provided in subsection (13),
the following persons shall obtain a water withdrawal permit prior to making
the withdrawal:
(a) A person who proposes to develop withdrawal
capacity to make a new withdrawal of more than 2,000,000 gallons of water per
day from the waters of the state to supply a common distribution system.
(b) A person who proposes to develop increased
withdrawal capacity beyond baseline capacity of more than 2,000,000 gallons of
water per day from the waters of the state to supply a common distribution
system.
(c) A person who proposes to develop withdrawal
capacity to make a new or increased large quantity withdrawal of more than
1,000,000 gallons of water per day from the waters of the state to supply a
common distribution system that a site-specific review has determined is a zone
C withdrawal.
(d) A person who proposes to develop a new or
increased withdrawal capacity that will result in an intrabasin transfer of
more than 100,000 gallons per day average over any 90-day period.
(e) A person who proposes to use the
water withdrawal for the extraction of aggregates by mining.
(2) A person shall apply for a water withdrawal permit
under this section by submitting an application to the department containing
the information described in section 32706c(1)(a) to (e) 32706c(4)(a) to (e) and an evaluation of existing
hydrological and hydrogeological conditions. If the applicant proposes to
undertake a preventative measure along with the withdrawal, the property owner
shall provide the department with a detailed description of the preventative
measure and relevant information as to how the preventative measure will be
implemented. In addition, the applicant shall submit an application fee in the
amount of $2,000.00. The department shall transmit application fees collected
under this section to the state treasurer to be credited to the water use
protection fund created in section 32714.
(3) An application submitted under subsection (2) is
considered to be administratively complete effective 30 days after it is
received by the department unless the department notifies the applicant, in
writing, during this 30-day period that the application is not administratively
complete or that the fee required to be accompanied with accompany the application has not been paid. If the
department determines that the application is not administratively complete,
the notification shall specify the information necessary to make the
application administratively complete. If the department notifies the applicant
as provided in this subsection, the 30-day period is tolled until the applicant
submits to the department the specified information or fee.
(4) The department shall provide public notification
of its receipt of applications an application under this section and
shall provide a public comment period of not less than 45 days before applications are an application is acted upon under
subsection (5).
(5) The department shall make a decision whether to
grant or deny a water withdrawal permit under this section within 120 days of
receipt of an administratively complete application.
(6) The department shall issue a water withdrawal
permit under subsection (1)(a), (b), or (c), or (e)
if all of the following conditions are met:
(a) All water withdrawn, less any consumptive use, is
returned, either naturally or after use, to the source watershed.
(b) The withdrawal will be implemented so as to ensure
that the proposal will result in no individual or cumulative adverse resource
impacts. Cumulative adverse resource impacts under this subdivision shall be
evaluated by the department based upon available information gathered by the
department.
(c) Subject to section 32726, the withdrawal will be
implemented so as to ensure that it is in compliance with all applicable local,
state, and federal laws as well as all legally binding regional interstate and
international agreements, including the boundary waters treaty of 1909.
(d) The proposed use is reasonable under common law
principles of water law in Michigan.this state.
(e) For permit
applications received on or after January 1, 2009, the The applicant has self-certified that he
or she is in compliance with environmentally sound and economically feasible
water conservation measures developed by the applicable water user's sector
under section 32708a or has self-certified that he or she is in compliance with
environmentally sound and economically feasible water conservation measures
developed for the water use associated with that specific withdrawal.
(f) The department determines that the proposed
withdrawal will not violate public or private rights and limitations imposed by
Michigan water law or other Michigan common law duties.
(7) The department shall issue a water withdrawal
permit under subsection (1)(d) if the transfer complies with section 4.9 of the
compact.
(8) In reviewing a proposed preventative measure, the
department shall consider the effect of the preventative measure on preventing
an adverse resource impact by diminishing the effect of the withdrawal on
stream or river flow or the temperature regime of the stream or river. If the
department approves a preventative measure in conjunction with a water
withdrawal permit under this section, the department shall enter into a legally
enforceable implementation schedule for completion of the preventative measure.
(9) A proposed use for which a water withdrawal permit
is issued under this section shall be considered to satisfy the requirements of
section 4.11 of the compact.
(10) A permit issued under part 31 pursuant to 33 USC
1326(b) shall be considered sufficient to demonstrate that there will not be an
adverse resource impact under section 32721 and satisfies the conditions for a
water withdrawal permit under this section. Upon receipt of an application
under this section and evidence that the applicant holds a part 31 permit
described in this subsection, the department shall grant the applicant a water
withdrawal permit under this subsection.
(11) The department may revoke a water withdrawal
permit issued under this section if the department determines following a hearing,
based upon clear and convincing scientific evidence, that the withdrawal is
causing an adverse resource impact.
(12) A person who is aggrieved by a determination of
the department under this section related to a water withdrawal permit 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 water withdrawal permit
may be rejected by the department as being untimely. The department shall issue
a final decision on a petition for a contested case hearing within 6 months
after receiving the petition. A determination, action, or inaction by the
department following a contested case hearing is subject to judicial review as
provided in the administrative procedures act of 1969, 1969 PA 306, MCL 24.201
to 24.328.
(13) The following withdrawals are not required to
obtain a water withdrawal permit under this section:
(a) A withdrawal by a community supply that holds a
permit under the safe drinking water act, 1976 PA 399, MCL 325.1001 to
325.1023.
(b) Seasonal withdrawals of not more than 2,000,000
gallons of water per day average in any consecutive 90-day period to supply a
common distribution system unless the withdrawals result in a diversion.
(c) A withdrawal for the production of bottled
drinking water approved by the department under a water source review conducted
under section 17 of the safe drinking water act, 1976 PA 399, MCL 325.1017.
Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 431 of the 100th Legislature is enacted into law.
