Bill Text: MI HB5198 | 2015-2016 | 98th Legislature | Introduced
Bill Title: Natural resources; gas and oil; requirements for spill reporting, prevention response plans, and penalties; modify. Amends secs. 3101, 3103, 3111b & 3115 of 1994 PA 451 (MCL 324.3101 et seq.) & adds secs. 3111c, 3111d, 3111e, 3115b & 3135.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-12-18 - Printed Bill Filed 12/18/2015 [HB5198 Detail]
Download: Michigan-2015-HB5198-Introduced.html
HOUSE BILL No. 5198
December 17, 2015, Introduced by Rep. Chatfield and referred to the Committee on Natural Resources.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 3101, 3103, 3111b, and 3115 (MCL 324.3101,
324.3103, 324.3111b, and 324.3115), section 3101 as amended by 2006
PA 97, section 3103 as amended by 2005 PA 33, section 3111b as
added by 2004 PA 142, and section 3115 as amended by 2004 PA 143,
and by adding sections 3111c, 3111d, 3111e, 3115b, and 3135.
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) "Local health department" means that term as defined in
section 1105 of the public health code, 1978 PA 368, MCL 333.1105.
(l) "Local unit" means a county, city, village, or township or
an agency or instrumentality of any of these entities.
(m) "Municipality" means this state, a county, city, village,
or township, or an agency or instrumentality of any of these
entities.
(n) "National response center" means the national
communications center established under the clean water act, 33 USC
1251 to 1387, located in Washington, DC, that receives and relays
notice of oil discharge or releases of hazardous substances to
appropriate federal officials.
(o) "Nonoceangoing vessel" means a vessel that is not an
oceangoing vessel.
(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.
(q) "Oil" means oil of any kind and in any form, including
petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes
other than dredged spoil, but does not include any substance that
is specifically listed or designated as a hazardous substance under
42 USC 9601(14)(a) to (f), and that is subject to the provisions of
the comprehensive environmental response, compensation, and
liability act, 42 USC 9601 to 9675.
(r) "Oil facility" means a structure, group of structures,
equipment, or device, other than a vessel, that is used for 1 or
more of the following purposes: exploring for, drilling for,
producing, storing, handling, transferring, processing, or
transporting oil. Oil facility includes any motor vehicle, rolling
stock, or pipeline used for 1 or more of the purposes described in
this subdivision.
(s) "Oil transportation pipeline" means an intrastate pipeline
or portion of an interstate pipeline used to transport oil within
this state and includes appurtenances to the pipeline, but does not
include a pipeline used to produce and gather oil from the point of
production, or a pipeline located entirely within a storage,
processing, refining, manufacturing, treatment, or disposal
facility.
(t) (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 of engineers or beach
nourishment activities utilizing uncontaminated materials.
(u) (r)
"Primary public safety
answering point" means that
term as defined in section 102 of the emergency telephone service
enabling act, 1986 PA 32, MCL 484.1102.
(v) "Public vessel" means a vessel owned or bareboat chartered
and operated by the United States, or by a state or a political
subdivision of a state, or by a foreign nation, except when the
vessel is engaged in commerce.
(w) "Release" includes, but is not limited to, any spilling,
leaking, pumping, pouring, emitting, emptying, discharging,
injecting, escaping, leaching, dumping, or disposing of oil into
the environment, or the abandonment of a facility or vessel
containing oil from which oil may enter the environment.
(x) (s)
"Sediments" means any
matter settled out of ballast
water within a vessel.
(y) (t)
"Sewage sludge" means
sewage sludge generated in the
treatment of domestic sewage, other than only septage or industrial
waste.
(z) (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.
(aa) (v)
"Sewage sludge generator"
means a person who
generates sewage sludge that is applied to land.
(bb) (w)
"Sewage sludge
distributor" means a person who
applies, markets, or distributes, except at retail, a sewage sludge
derivative.
(cc) (x)
"St. Lawrence waterway"
means the St. Lawrence river,
the St. Lawrence seaway, and the gulf of St. Lawrence.
(dd) (y)
"Threshold reporting quantity"
means that term as
defined in R 324.2002 of the Michigan administrative code.
(ee) "Vessel" means every description of watercraft or other
artificial contrivance used, or capable of being used, as a means
of transportation on water, other than a public vessel.
(ff) (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. 3103. (1) The department shall protect and conserve the
water resources of the state and shall have control of the
pollution of surface or underground waters of the state and the
Great Lakes, which are or may be affected by waste disposal of any
person. The department may make or cause to be made surveys,
studies, and investigations of the uses of waters of the state,
both surface and underground, and cooperate with other governments
and governmental units and agencies in making the surveys, studies,
and investigations. The department shall assist in an advisory
capacity a flood control district that may be authorized by the
legislature. The department, in the public interest, shall appear
and present evidence, reports, and other testimony during the
hearings involving the creation and organization of flood control
districts. The department shall advise and consult with the
legislature on the obligation of the state to participate in the
costs of construction and maintenance as provided for in the
official plans of a flood control district or intercounty drainage
district.
(2) The department shall enforce this part and may promulgate
rules as it considers necessary to carry out its duties under this
part. However, notwithstanding any rule-promulgation authority that
is
provided in this part, except for rules authorized under section
sections 3112(6), 3111d, and 3111e, the department shall not
promulgate any additional rules under this part after December 31,
2006.
(3) The department may promulgate rules and take other actions
as may be necessary to comply with the federal water pollution
control act, 33 USC 1251 to 1387, and to expend funds available
under such law for extension or improvement of the state or
interstate program for prevention and control of water pollution.
This part shall not be construed as authorizing the department to
expend or to incur any obligation to expend any state funds for
such
that purpose in excess of any amount that is appropriated
by
the legislature.
(4) Notwithstanding the limitations on rule promulgation under
subsection (2), rules promulgated under this part before January 1,
2007
shall remain in effect unless rescinded.
Sec. 3111b. (1) If a person is required to report a release to
the department under part 5 of the water resources protection
rules, R 324.2001 to R 324.2009 of the Michigan administrative
code, or section 3111c, the person, via a 9-1-1 call, shall at the
same time report the release to the primary public safety answering
point serving the jurisdiction where the release occurred.
(2) If a person described in subsection (1) is required to
subsequently submit to the department a written report on the
release under part 5 of the water resources protection rules, R
324.2001 to R 324.2009 of the Michigan administrative code, or
section 3111c, the person shall at the same time submit a copy of
the report to the local health department serving the jurisdiction
where the release occurred.
(3) If the department of state police or other state agency
receives notification, pursuant to an agreement with or the laws of
another state, Canada, or the province of Ontario, of the release
in that other jurisdiction of a polluting material in excess of the
threshold reporting quantity and if the polluting material has
entered or may enter surface waters or groundwaters of this state,
the department of state police or other state agency shall contact
the primary public safety answering point serving each county that
may be affected by the release.
(4) The emergency management coordinator of each county shall
develop and oversee the implementation of a plan to provide timely
notification of a release required to be reported under subsection
(1) or (3) to appropriate local, state, and federal agencies. In
developing and overseeing the implementation of the plan, the
emergency management coordinator shall consult with both of the
following:
(a) The directors of the primary public safety answering
points with jurisdiction within the county.
(b) Any emergency management coordinator appointed for a city,
village, or township located in that county.
(5) If rules promulgated under this part require a person to
maintain a pollution incident prevention plan, the person shall
update the plan to include the requirements of subsections (1) and
(2) when conducting any evaluation of the plan required by rule.
(6) If a person reports to the department a release pursuant
to subsection (1), the department shall do both of the following:
(a) Notify the person of the requirements imposed under
subsections (1) and (2).
(b) Request that the person, even if not responsible for the
release, report the release, via a 9-1-1 call, to the primary
public safety answering point serving 1 of the following, as
applicable:
(i) The jurisdiction where the release occurred, if known.
(ii) The jurisdiction where the release was discovered, if the
jurisdiction where the release occurred is not known.
(7) The department shall notify the public and interested
parties,
by posting on its website within 30 days after the
effective
date of the amendatory act that added this section and by
other appropriate means, of all of the following:
(a) The requirements of subsections (1) and (2).
(b) The relevant voice, and, if applicable, facsimile
telephone numbers of the department and the national response
center.
(c) The criminal and civil sanctions under section 3115
applicable to violations of subsections (1) and (2).
(8) Failure of the department to provide a person with the
notification required under subsection (6) or (7) does not relieve
the person of any obligation to report a release or other legal
obligation.
(9) The department shall biennially do both of the following:
(a) Evaluate the state and local reporting system established
under this section.
(b) Submit to the standing committees of the senate and house
of representatives with primary responsibility for environmental
protection issues a written report on any changes recommended to
the reporting system.
Sec. 3111c. (1) A person that is an owner, operator, or
manager of an oil transportation pipeline from which a release
occurs, and a person who causes such a release, shall immediately
notify the department of the release by contacting the department's
pollution emergency alert system or other means required by the
department.
(2) Within 10 days after a release, or a shorter period
required by the department, a person required to report a release
under subsection (1) shall submit an initial written report to the
department outlining the cause of the release, discovery of the
release, and the response measures taken, or a schedule for
completion of measures to be taken, or both, to prevent recurrence
of similar releases.
(3) This section does not do either of the following:
(a) Alter any other existing statute, rule, or requirement
pertaining to oil transportation pipelines or pollution of waters
of the state.
(b) Relieve any person from any reporting requirement imposed
under state or federal law or regulation.
Sec. 3111d. (1) The owner or operator of an oil transportation
pipeline shall prepare and submit to the department for review and
approval a spill prevention plan in conformance with this section
and the rules promulgated under this section.
(2) An initial spill prevention plan shall be submitted to the
department not later than 180 days after the effective date of the
amendatory act that added this section. A spill prevention plan may
be consolidated with a contingency plan submitted under section
3111e. The department may accept plans prepared to comply with
other state or federal law as spill prevention plans to the extent
those plans comply with this section. The department, by rule, may
establish additional standards for spill prevention plans.
(3) As an interim measure, the owner or operator of an oil
transportation pipeline shall, not later than 30 days after the
effective date of the amendatory act that added this section,
submit to the department a copy of each existing spill prevention
plan or procedure used to prevent spills from the pipeline.
(4) A spill prevention plan for an oil transportation pipeline
required under this section shall, at a minimum, include all of the
following:
(a) Documentation of compliance with the oil pollution act of
1990, 33 USC 2701 to 2762, and financial responsibility
requirements under federal and state law.
(b) A certification that supervisory and other key personnel
in charge of the pipeline have been properly trained.
(c) A certification that the pipeline has an operations
manual.
(d) A certification of the implementation of alcohol and drug
use awareness programs for personnel in charge of the pipeline.
(e) A description of the pipeline's maintenance and inspection
program and the current maintenance and inspection record of the
pipeline.
(f) A description of the spill prevention technology that has
been installed, including leak detection systems and alarms, and
automatic shut-off valves, with a map or other figure accurately
depicting the locations of the spill prevention technology.
(g) A description of any releases of oil from the pipeline to
the land or the waters of the state in the prior 5 years and the
measures taken to prevent a reoccurrence.
(h) Provisions for the incorporation into the pipeline during
the period covered by the plan of identified measures that will
provide the best achievable protection for the public health and
the environment, with a schedule for implementation.
(i) Any other information reasonably necessary to carry out
the purposes of this section as required by rules promulgated by
the department.
(5) To support the department's administration of this
section, an owner or operator at an oil transportation pipeline
that submits a spill prevention plan for departmental review and
approval shall submit with the spill prevention plan a review fee
of $12,500.00 for each geographic plan area or sub-area established
by the United States Coast Guard and the United States
Environmental Protection Agency that is covered in the spill
prevention plan. Beginning 1 year after the effective date of the
amendatory act that added this section, the state treasurer shall
annually adjust the fee under this subsection for inflation based
upon changes in the Detroit consumer price index in the preceding
year. Fees collected under this subsection shall be forwarded to
the state treasurer for deposit into the oil transportation fund
created in section 3135.
(6) The department shall approve a spill prevention plan only
if the plan provides the best achievable protection from spill
damages caused by the discharge of oil into the waters of the state
and if the department determines that the plan meets the
requirements of this section and rules promulgated by the
department.
(7) If the department finds that the spill prevention plan
submitted under this section does not meet the requirements of this
section and any applicable rules promulgated by the department, the
department shall notify the owner or operator of the oil
transportation pipeline of its findings in writing, identifying the
provisions of the plan that are incomplete or inadequate. The owner
or operator shall modify the spill prevention plan and resubmit an
approvable plan to the department within 30 days after the
department's notification, unless the department authorizes, in
writing, a longer response period.
(8) Upon approval of a spill prevention plan, the department
shall provide to the owner or operator of the oil transportation
pipeline submitting the plan a statement indicating that the plan
has been approved, the oil facilities covered by the plan, and
other information the department determines should be included.
(9) A spill prevention plan approved under this section is
valid for 5 years. An owner or operator of an oil transportation
pipeline shall notify the department in writing immediately of any
significant change of which the owner or operator is aware
affecting the spill prevention plan, including changes in any
factor set forth in this section or in rules promulgated by the
department. The department may require the owner or operator to
update a spill prevention plan as a result of the changes
identified in the notification from the owner or operator, or if
the department independently identifies changed circumstances
warranting an update.
(10) The owner or operator of an oil transportation pipeline
shall review, update, if necessary, and resubmit the spill
prevention plan to the department at least once every 5 years or
within 60 days after receipt of a request from the department.
(11) Approval of a spill prevention plan by the department
does not constitute an assurance regarding the adequacy of the plan
or constitute a defense to liability imposed under this part or
other state law.
Sec. 3111e. (1) The owner or operator of an oil transportation
pipeline shall submit to the department for review and approval a
contingency plan for the containment and cleanup of oil spills from
the pipeline into the waters of the state and for the protection of
fisheries and wildlife, natural resources, and public and private
property from such spills in conformance with this section and the
rules promulgated under this section.
(2) The owner or operator of an oil transportation pipeline
shall submit an initial contingency plan to the department not
later than 180 days after the effective date of the amendatory act
that added this section. The contingency plan may be consolidated
with a spill prevention plan submitted under section 3111d. The
department may accept plans prepared to comply with other state or
federal law as contingency or response plans to the extent those
plans comply with this section. The department, by rule, may
establish additional standards for contingency plans.
(3) As an interim measure, the owner or operator of an oil
transportation pipeline shall, not later than 30 days after the
effective date of the amendatory act that added this section,
submit to the department a copy of each existing contingency or
spill response plan established for the pipeline.
(4) A contingency plan required under this section shall be
designed to be capable in terms of personnel, materials, and
equipment, of promptly and properly, to the maximum extent
practicable, removing oil and minimizing any damage to the
environment resulting from a worst-case spill and at a minimum
shall include all of the following:
(a) Full details of the method of response to spills of
various sizes from any oil facility that is covered by the plan.
(b) A clear, precise, and detailed description of how the plan
relates to, and is integrated into, relevant contingency plans that
have been prepared or approved by this state and the federal
government.
(c) Procedures for early detection of oil spills and timely
notification of oil spills to appropriate federal, state, and local
authorities under applicable state and federal law.
(d) The number, training preparedness, and qualifications of
all dedicated, prepositioned personnel assigned to direct and
implement the plan.
(e) Provisions for periodic training and drill programs to
evaluate whether personnel and equipment provided under the plan
are in a state of operational readiness at all times.
(f) A description of important features of the surrounding
environment, including, but not limited to, water crossings, fish
and wildlife habitat, other environmentally sensitive areas, public
facilities, and water supply intakes.
(g) A description of the means of protecting and mitigating
effects on the environment, including fish, aquatic life, and other
wildlife, and ensure that implementation of the plan does not pose
unacceptable risks to the public or the environment.
(h) Provisions for arrangements for the prepositioning of oil
spill containment and cleanup equipment and trained personnel at
strategic locations from which they can be deployed to the spill
site to promptly and properly remove the spilled oil.
(i) Provisions for arrangements for enlisting the use of
qualified and trained cleanup personnel to implement the plan.
(j) Provisions for the disposal of recovered spilled oil in
accordance with local, state, and federal laws.
(k) The amount and type of equipment available to respond to a
spill, the equipment location, and the extent to which other
contingency plans rely on the same equipment.
(l) Identification of the individual or individuals
responsible for supervising plan implementation and the owner's and
operator's designated point of contact for communication with the
department and other state, federal, tribal, and local officials if
a spill occurs.
(m) The procedures to be used to notify state, federal,
tribal, and local officials of a spill and the response actions
taken.
(5) To support the department's administration of this
section, an owner or operator of an oil transportation pipeline
that submits a contingency plan for departmental review and
approval shall submit with the contingency plan a review fee of
$12,500.00 for each geographic plan area or sub-area established by
the United States Coast Guard and the United States Environmental
Protection Agency that is covered in the contingency plan.
Beginning 1 year after the effective date of the amendatory act
that added this section, the state treasurer shall adjust the fee
under this section for inflation based upon changes in the Detroit
consumer price index. Fees collected under this section shall be
forwarded to the state treasurer for deposit into the oil
transportation fund created in section 3135.
(6) The department may accept as a contingency plan under this
section a contingency plan prepared for an agency of the federal
government or another state if it satisfies the requirements of
this section and rules promulgated by the department. The
department shall ensure that, to the greatest extent possible,
requirements for contingency plans under this section are
consistent with the requirements for corresponding contingency
plans under federal law.
(7) In reviewing the contingency plans required under this
section, the department shall, at a minimum, consider all of the
following factors:
(a) The adequacy of containment and cleanup equipment,
personnel, communications equipment, notification procedures and
call down lists, response time, and logistical arrangements for
coordination and implementation of response efforts to remove oil
spills promptly and properly and to protect the environment.
(b) The volume and type of oil being transported within the
area covered by the plan.
(c) The history and circumstances surrounding prior oil spills
within the area covered by the plan.
(d) The sensitivity of fisheries, aquatic life, and wildlife
and other natural resources within the area covered by the plan.
(e) The extent to which reasonable, cost-effective measures to
reduce the likelihood that a spill will occur and to minimize the
impact of a spill have been incorporated into the plan.
(8) The department shall approve a contingency plan submitted
under this section only if it determines that the plan meets the
requirements of this section and the rules promulgated under this
section and that, if implemented, the plan includes personnel,
materials, and equipment, capable of removing oil promptly and
properly and minimizing any damage to the environment.
(9) If the department finds that a contingency plan submitted
under this section does not meet the requirements of this section
and any applicable rules, the department shall notify the owner or
operator of the oil transportation pipeline of its findings in
writing, identifying the provisions of the plan that are incomplete
or inadequate. The owner or operator shall modify the plan and
resubmit an approvable plan to the department within 30 days after
the department's notification, unless the department authorizes in
writing a longer response period.
(10) A contingency plan approved under this section is valid
for 5 years. Upon approval of a contingency plan, the department
shall provide to the owner or operator of the oil transportation
pipeline submitting the plan a statement indicating that the plan
has been approved, the oil transportation pipelines covered by the
plan, and other information the department determines should be
included.
(11) An owner or operator of an oil transportation pipeline
shall notify the department in writing immediately of any
significant change of which it is aware affecting its contingency
plan, including changes in any factor set forth in this section or
in rules promulgated by the department. The department may require
the owner or operator to update a contingency plan as a result of
the changes identified in the notification from the owner or
operator, or if the department independently identifies changed
circumstances warranting an update.
(12) The owner or operator of an oil transportation pipeline
shall review, update, if necessary, and resubmit the contingency
plan to the department at least once every 5 years or within 60
days after receipt of a request from the department.
(13) Approval of a contingency plan by the department does not
constitute an assurance regarding the adequacy of the plan nor
constitute a defense to liability imposed under this part or other
state law.
Sec. 3115. (1) The department may request the attorney general
to commence a civil action for appropriate relief, including a
permanent or temporary injunction, for a violation of this part or
a provision of a permit or order issued or rule promulgated under
this part. An action under this subsection may be brought in the
circuit court for the county of Ingham or for the county in which
the defendant is located, resides, or is doing business. If
requested by the defendant within 21 days after service of process,
the court shall grant a change of venue to the circuit court for
the county of Ingham or for the county in which the alleged
violation occurred, is occurring, or, in the event of a threat of
violation, will occur. The court has jurisdiction to restrain the
violation and to require compliance. In addition to any other
relief granted under this subsection, the court, except as
otherwise provided in this subsection, shall impose a civil fine of
not less than $2,500.00 and the court may award reasonable attorney
fees and costs to the prevailing party. However, except as provided
in section 3115b, all of the following apply:
(a) The maximum civil fine imposed by the court shall be not
more than $25,000.00 per day of violation.
(b) For a failure to report a release to the department or to
the primary public safety answering point under section 3111b(1),
the court shall impose a civil fine of not more than $2,500.00.
(c) For a failure to report a release to the local health
department under section 3111b(2), the court shall impose a civil
fine of not more than $500.00.
(2) A person who at the time of the violation knew or should
have known that he or she discharged a substance contrary to this
part, or contrary to a permit or order issued or rule promulgated
under this part, or who intentionally makes a false statement,
representation, or certification in an application for or form
pertaining to a permit or in a notice or report required by the
terms and conditions of an issued permit, or who intentionally
renders inaccurate a monitoring device or record required to be
maintained by the department, is guilty of a felony and shall be
fined not less than $2,500.00 or more than $25,000.00 for each
violation. The court may impose an additional fine of not more than
$25,000.00 for each day during which the unlawful discharge
occurred. If the conviction is for a violation committed after a
first conviction of the person under this subsection, the court
shall impose a fine of not less than $25,000.00 per day and not
more than $50,000.00 per day of violation. Upon conviction, in
addition to a fine, the court in its discretion may sentence the
defendant to imprisonment for not more than 2 years or impose
probation upon a person for a violation of this part. With the
exception of the issuance of criminal complaints, issuance of
warrants, and the holding of an arraignment, the circuit court for
the county in which the violation occurred has exclusive
jurisdiction. However, the person shall not be subject to the
penalties of this subsection if the discharge of the effluent is in
conformance with and obedient to a rule, order, or permit of the
department. In addition to a fine, the attorney general may file a
civil suit in a court of competent jurisdiction to recover the full
value
of the injuries done to the natural resources of the this
state and the costs of surveillance and enforcement by the state
resulting from the violation.
(3) Upon a finding by the court that the actions of a civil
defendant pose or posed a substantial endangerment to the public
health, safety, or welfare, the court shall impose, in addition to
the sanctions set forth in subsection (1), a civil fine of not less
than $500,000.00 and not more than $5,000,000.00.
(4) Upon a finding by the court that the actions of a criminal
defendant pose or posed a substantial endangerment to the public
health, safety, or welfare, the court shall impose, in addition to
the penalties set forth in subsection (2), a fine of not less than
$1,000,000.00 and, in addition to a fine, a sentence of 5 years'
imprisonment.
(5) To find a defendant civilly or criminally liable for
substantial endangerment under subsection (3) or (4), the court
shall determine that the defendant knowingly or recklessly acted in
such a manner as to cause a danger of death or serious bodily
injury and that either of the following occurred:
(a) The defendant had an actual awareness, belief, or
understanding that his or her conduct would cause a substantial
danger of death or serious bodily injury.
(b) The defendant acted in gross disregard of the standard of
care that any reasonable person should observe in similar
circumstances.
(6) Knowledge possessed by a person other than the defendant
under subsection (5) may be attributable to the defendant if the
defendant took affirmative steps to shield himself or herself from
the relevant information.
(7) A civil fine or other award ordered paid pursuant to this
section shall do both of the following:
(a) Be payable to the state of Michigan and credited to the
general fund.
(b) Constitute a lien on any property, of any nature or kind,
owned by the defendant.
(8) A lien under subsection (7)(b) shall take effect and have
priority over all other liens and encumbrances except those filed
or recorded prior to the date of judgment only if notice of the
lien is filed or recorded as required by state or federal law.
(9) A lien filed or recorded pursuant to subsection (8) shall
be terminated according to the procedures required by state or
federal law within 14 days after the fine or other award ordered to
be paid is paid.
(10) In addition to any other method of collection, any fine
or other award ordered paid may be recovered by right of setoff to
any debt owed to the defendant by the state of Michigan, including
the right to a refund of income taxes paid.
Sec. 3115b. (1) This section applies to any release of oil
from an oil facility or vessel into the waters of the state and to
the failure to comply with the requirements of this part involving
oil transportation pipelines.
(2) The liability and remedies provided in this section are in
addition to and do not limit the civil and criminal liability
established by other applicable federal and state law, including,
but not limited to, liability for response activity or
reimbursement of response activity costs under part 201, and
liability for damages to natural resources and other public and
private property.
(3) The owner, operator, or manager of an oil facility or
vessel from which oil is released into the environment where it is
or may be discharged into the waters of the state, and any other
person responsible for an activity that causes such a release is
liable to the state for civil fines as follows:
(a) Each person liable for a release is jointly and severally
liable for a civil fine of up to $37,500.00 for each day that a
release occurs or up to $2,100.00 for each barrel of oil released.
(b) If the release was the result of gross negligence or
willful misconduct, each person liable for the release is jointly
and severally liable for a civil fine of not less than $150,000.00
and not more than $5,300.00 per barrel of oil released.
(4) In determining the amount of a civil fine under subsection
(3), the court shall consider the seriousness of the violation or
violations, the economic benefit to the violator, if any, resulting
from the violation, the degree of culpability involved, any other
penalty for the same incident, any history of prior violations, the
nature, extent, and degree of success of any efforts of the
violator to minimize or mitigate the effects of the release, the
economic impact of the fine on the violator, and any other matters
as justice may require.
(5) The owner or operator of an oil transportation pipeline
that fails to submit, or resubmit, a spill prevention plan required
under section 3111d is liable for a civil fine of $1,000.00 for
each day of violation.
(6) The owner or operator of an oil transportation pipeline
that fails to submit, or resubmit, a contingency plan required
under section 3111e is liable for a civil fine of $1,000.00 for
each day of violation.
(7) Beginning 1 year after the effective date of the
amendatory act that added this section, the state treasurer shall
annually adjust for inflation based upon changes in the Detroit
consumer price index in the preceding year the civil fine amounts
specified in subsections (3), (5), and (6).
(8) The fees and fines payable under this section shall be
those amounts as adjusted by the state treasurer for the year in
which the fees are payable or the liability for civil fines arose.
(9) Civil fines collected under this section shall be
forwarded to the state treasurer for deposit into the oil
transportation fund created in section 3135.
Sec. 3135. (1) The oil transportation fund is created within
the state treasury.
(2) The state treasurer may receive money or other assets from
any source for deposit into the oil transportation fund. The state
treasurer shall direct the investment of the oil transportation
fund. The state treasurer shall credit to the oil transportation
fund interest and earnings from oil transportation fund
investments.
(3) Money in the oil transportation fund at the close of the
fiscal year shall remain in the oil transportation fund and shall
not lapse to the general fund.
(4) The department shall be the administrator of the oil
transportation fund for auditing purposes.
(5) Money from the oil transportation fund shall be used, upon
appropriation, only for the following purposes:
(a) Department and department of attorney general activities
in investigating and bringing enforcement actions for violations of
sections 3111c, 3111d, 3111e, and 3115b.
(b) Activities of state agencies to prevent or mitigate
releases of oil into the environment.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
