Bill Text: MI HB5839 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Water: other; water resources protection reporting requirements; modify. Amends secs. 3111b & 3115 of 1994 PA 451 (MCL 324.3111b & 324.3115).
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2020-06-09 - Bill Electronically Reproduced 06/04/2020 [HB5839 Detail]
Download: Michigan-2019-HB5839-Introduced.html
HOUSE BILL NO. 5839
June 04, 2020, Introduced by Reps. Tyrone
Carter and Gay-Dagnogo and referred to the Committee on Natural Resources
and Outdoor Recreation.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 3111b and 3115 (MCL 324.3111b and 324.3115), section 3111b as added by 2004 PA 142 and section 3115 as amended by 2004 PA 143.
the people of the state of michigan enact:
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, Administrative Code, or subsection (4), the person at the same time shall, 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, Administrative Code, or subsection (5), 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 waters of the 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)
As soon as practicable, but no later than 24 hours, after detecting the total
or partial collapse or other failure of a dock or wharf located in or adjacent
to waters of the state, or detecting the release of any substance that may
cause pollution of the waters of the state from or as a result of the failure
of a dock or wharf located in or adjacent to waters of the state, the owner or
operator of the dock or wharf, the owner of the substance, or any person
loading or unloading the substance at the time of the release shall notify the
department by telephone. The notification shall be given through the
department's pollution emergency alerting service, if such a service exists.
(5)
Within 10 days after detecting failure of a dock or wharf or detecting a
release described in subsection (4), a person required to notify the department
under subsection (4) shall file a written report with the department. The
report shall describe the cause and discovery of the failure or release and set
forth the measures taken or a schedule for completion of measures to be taken,
or both, to prevent recurrence of similar failures or releases. The person
shall at the same time submit a copy of the report to the local health
department serving the jurisdiction where the failure or release occurred.
(6)
(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.
(7)
(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), and, if applicable, (4) and (5) when conducting any evaluation of
the plan required by rule.
(8)
(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) and, if applicable, (4) and (5).
(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.
(9) (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), (4), and (5).
(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), (4), and (5).
(10) (8) Failure of the department to provide a person
with the notification required under subsection (6) or (7) (8) or (9) does not relieve the person of any
obligation to report a release or other legal obligation.
(11) (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. 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, all of the following apply:
(a) The maximum 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
less than $2,500.00 or more than $2,500.00.$5,000.00.
(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 in violation of this part, or contrary to in violation of 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 a 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 an 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 is not subject to the penalties of this
subsection for a discharge otherwise
in violation of this part 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 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 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 must 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
attributed 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 is payable to the state of Michigan and shall be credited to
the general Great Lakes and rivers protection fund created in subsection (11).
(b) Constitute The civil fine or other award constitutes a lien on any
property, of any nature or kind, owned by the defendant.
(8) A lien under subsection (7)(b) shall take (7) takes effect and have has priority over all
other liens and encumbrances except those filed or recorded prior to before the date of
judgment, but
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 under
this section may be recovered by right of setoff to any debt owed
to the defendant by the this state, of Michigan, including
the right to a refund of income taxes paid.
(11) The
Great Lakes and rivers protection fund is created within the state treasury. Civil
fines collected under this section shall be deposited in the fund. The state
treasurer may receive money or other assets from any source for deposit into
the fund. The state treasurer shall direct the investment of the fund. The
state treasurer shall credit to the fund interest and earning from fund
investments. Money in the fund at the close of the fiscal year shall remain in
the fund and shall not lapse to the general fund. The department shall be the
administrator of the fund for auditing purposes. The department shall expend
money from the fund, upon appropriation, only for risk assessment and
remediation activities for waters of the state affected by violations of this
part.
