Bill Text: MI HB4489 | 2013-2014 | 97th Legislature | Introduced

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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 (Democrat 5-0)

Status: (Introduced - Dead) 2013-04-09 - Printed Bill Filed 03/21/2013 [HB4489 Detail]

Download: Michigan-2013-HB4489-Introduced.html

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HOUSE BILL No. 4489

 

March 21, 2013, Introduced by Reps. Stallworth, Hobbs, Durhal, LaVoy and Santana and referred to the Committee on Natural Resources.

 

     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 conducted a complete flushing

 

of all ballast tanks with seawater at a location not less than 200

 

nautical miles from shore at a depth of more than 2,000 meters or

 

other location approved by the United States coast guard for safety

 

reasons.

 

     (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).