Bill Text: MI SB0124 | 2021-2022 | 101st Legislature | Introduced
Bill Title: Water supply: other; water resources protection reporting requirements; modify. Amends secs. 3111b & 3115 of 1994 PA 451 (MCL 324.3111b & 324.3115).
Spectrum: Partisan Bill (Democrat 10-0)
Status: (Introduced - Dead) 2021-02-10 - Referred To Committee On Environmental Quality [SB0124 Detail]
Download: Michigan-2021-SB0124-Introduced.html
SENATE BILL NO. 124
February 10, 2021, Introduced by Senators
GEISS, BAYER, POLEHANKI, BULLOCK, WOJNO, MOSS, IRWIN, ANANICH, SANTANA and
BRINKS and referred to the Committee on Environmental Quality.
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 another
state agency receives notification, pursuant
to under 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 the 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 the 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 the waters of the state, the owner or
operator of the dock or wharf, 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 must be given through the department's pollution
emergency alerting service, if the 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 and the local
health department that serves the jurisdiction where the failure of the dock or
wharf or the release occurred. The report must contain both of the following:
(a)
A description of the cause and discovery of the failure of the dock or wharf or
the release.
(b)
A list of measures taken or a schedule for the completion of measures to be
taken, or both, to prevent the recurrence of a similar failure of the dock or
wharf or release.
(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 under 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) (8) or
(7) (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 County 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 County 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 must not be 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 less than $2,500.00 or more than $5,000.00.
(c) For a failure to
report a release to the a
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 punishable
by a fine of 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 or 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 this state and the
costs of surveillance and enforcement by the this 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 penalties under subsection (1), a fine of not less than
$500,000.00 and not or 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 under subsection
(2), a fine of the
defendant shall be imprisoned for not more than 5 years and shall be fined 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 that caused 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 under this section shall do
both of the following:
(a) Be is payable to
the state of Michigan and must 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 under
subsection (8) shall must 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 must be
deposited into 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 earnings from fund investments. Money in the fund at the close of the
fiscal year remains in the fund and does 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 the waters of the state affected by
violations of this part. As used in this subsection, "fund" means the
Great Lakes and rivers protection fund.