Bill Text: MI HB6090 | 2015-2016 | 98th Legislature | Introduced
Bill Title: Natural resources; gas and oil; transportation of crude oil by vessel on the Great Lakes or connecting waterways; prohibit. Amends sec. 3109 of 1994 PA 451 (MCL 324.3109).
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-12-06 - Bill Electronically Reproduced 12/01/2016 [HB6090 Detail]
Download: Michigan-2015-HB6090-Introduced.html
HOUSE BILL No. 6090
December 1, 2016, Introduced by Rep. Irwin 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 3109 (MCL 324.3109), as amended by 2014 PA 536,
and by adding section 3109f.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3109. (1) A person shall not directly or indirectly
discharge into the waters of the state a substance that is or may
become injurious to any of the following:
(a)
To the The public health, safety, or welfare.
(b)
To domestic, Domestic, commercial, industrial,
agricultural, recreational, or other uses that are being made or
may
be made of such the waters.
(c)
To the The value or utility of riparian lands.
(d)
To livestock, Livestock, wild animals, birds, fish,
aquatic life, or plants or to their growth or propagation.
(e)
To the The value of fish and game.
(2) The discharge of any raw sewage of human origin, directly
or
indirectly, into any of the waters of the state shall be
considered
is prima facie evidence of a violation of this part by
the municipality in which the discharge originated unless the
discharge is permitted by an order or rule of the department. If
the discharge is not the subject of a valid permit issued by the
department, a municipality responsible for the discharge may be
subject
to the remedies provided in and
penalties under section
3115. If the discharge is the subject of a valid permit issued by
the department pursuant to section 3112, and is in violation of
that permit, a municipality responsible for the discharge is
subject
to the remedies and penalties prescribed in under section
3115.
(3) Notwithstanding subsection (2), a municipality is not
responsible or subject to the remedies or penalties provided in
section 3115 under either of the following circumstances:
(a) The discharge is an unauthorized discharge from a sewerage
system as defined in section 4101 that is permitted under this part
and owned by a party other than the municipality, unless the
municipality has accepted responsibility in writing for the
sewerage
system and, with respect to the civil fine and penalty
remedies and penalties under section 3115, the municipality has
been notified in writing by the department of its responsibility
for the sewerage system.
(b) The discharge is from 3 or fewer on-site wastewater
treatment systems.
(4) Unless authorized by a permit, order, or rule of the
department,
the discharge into the waters of this the state of any
medical waste, as defined in part 138 of the public health code,
1978 PA 368, MCL 333.13801 to 333.13832, is prima facie evidence of
a violation of this part and subjects the responsible person to the
remedies
and penalties prescribed in under section
3115.
(5) Unless a discharge is authorized by a permit, order, or
rule
of the department, the discharge into the waters of this the
state from an oceangoing vessel of any ballast water is prima facie
evidence of a violation of this part and subjects the responsible
person
to the remedies and penalties prescribed in under section
3115.
(6) The discharge of crude oil as defined in 46 USC 2101 into
the waters of the state from a vessel is prima facie evidence of a
violation of this part and subjects the responsible person to the
remedies and penalties under section 3115.
(7) (6)
A violation of this section is
prima facie evidence of
the existence of a public nuisance and in addition to the remedies
provided for in this part may be abated according to law in an
action brought by the attorney general in a court of competent
jurisdiction.
(8) (7)
As used in this section,
"on-site wastewater treatment
system" means a system of components, other than a sewerage system
as defined in section 4101, used to collect and treat sanitary
sewage or domestic equivalent wastewater from 1 or more dwellings,
buildings, or structures and discharge the resulting effluent to a
soil dispersal system on property owned by or under the control of
the same individual or entity that owns or controls the dwellings,
buildings, or structures.
Sec. 3109f. A person shall not use a vessel on the Great Lakes
or their connecting waterways for the transport of crude oil as
defined in 46 USC 2101.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
