HB-5876, As Passed Senate, August 4, 2004
SUBSTITUTE FOR
HOUSE BILL NO. 5876
(As amended, August 4, 2004)
A bill to amend 1994 PA 451, entitled
"An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, and assessments; to provide certain appropriations; to prescribe penalties and provide remedies; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts,"
by amending sections 3104, 3503, 4105, 6516, 6517, 6521, 8310,
8504, 9112, 11509, 11511, 11512, 11516, 11542, 11703, 11704,
11709, 30104, 30105, 30113, 30304, 30307, 31509, 31512, 32312,
32503, 32515, 35304, 36505, 41702, 41709, 42101, 42501, 42702,
44513, 44517, 45503, 45902, 45903, 45906, 61525, 62509, 63103a,
63103c, 63514, 63524, 63525, 63704, 63708, 72108, 76105, 76109,
76504, and 80159 (MCL 324.3104, 324.3503, 324.4105, 324.6516,
324.6517, 324.6521, 324.8310, 324.8504, 324.9112, 324.11509,
324.11511, 324.11512, 324.11516, 324.11542, 324.11703, 324.11704,
324.11709, 324.30104, 324.30105, 324.30113, 324.30304, 324.30307,
324.31509, 324.31512, 324.32312, 324.32503, 324.32515, 324.35304,
324.36505, 324.41702, 324.41709, 324.42101, 324.42501, 324.42702,
324.44513, 324.44517, 324.45503, 324.45902, 324.45903, 324.45906,
House Bill No. 5876 as amended August 4, 2004
324.61525, 324.62509, 324.63103a, 324.63103c, 324.63514,
324.63524, 324.63525, 324.63704, 324.63708, 324.72108, 324.76105,
324.76109, 324.76504, and 324.80159), sections 3104, 30104, and
32312 as amended by 2003 PA 163, sections 3503, 6521, and 8504 as
added by 1995 PA 60, sections 6516 and 6517 as amended by 1996 PA
166, section 8310 as amended by 2002 PA 418, section 9112 as
amended by 2000 PA 504, sections 11509 and 11511 as amended by
1996 PA 358, sections 11512 and 11516 as amended by 2003 PA 153,
section 11542 as amended by 1996 PA 359, section 30105 as amended
by 1999 PA 106, section 30113 as amended by 2004 PA 246, sections
30304, 31509, 31512, 32515, and 35304 as added by 1995 PA 59,
section 30307 as amended by 1998 PA 228, section 32503 as amended
by 2002 PA 148, section 36505 as amended by 1998 PA 470, section
41702 as amended by 2001 PA 23, sections 41709, 42101, 42501,
44513, 44517, 45503, 45903, 63514, 63525, 63704, and 63708 as
added by 1995 PA 57, section 42702 as amended by 2000 PA 191,
section 45902 as amended by 1996 PA 200, section 45906 as amended
by 2003 PA 270, section 61525 as amended by 1998 PA 303, section
62509 as amended by 1998 PA 467, sections 63103a and 63103c as
added by 1997 PA 149, sections 63524 and 76504 as amended by 2001
PA 78, sections 72108 and 80159 as added by 1995 PA 58, and
sections 76105 and 76109 as amended by 2001 PA 75, and by adding
sections 1301, 1303, 1305, 1307, 1309, and 1311.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 1301. As used in this part:
2 (a) "Application period" means the period beginning when an
3 application for a permit is received by the state and ending when
1 the application is considered to be administratively complete
2 under section 1305 and any applicable fee has been paid.
3 (b) "Department" means the department, agency, or officer
4 authorized by this act to approve or deny an application for a
5 particular permit.
6 (c) "Director" means the director of the state department
7 authorized under this act to approve or deny an application for a
8 particular permit or the director's designee.
9 (d) "Permit" means a permit or operating license required by
10 any of the following sections or by rules promulgated thereunder,
11 or, in the case of section 9112, by an ordinance or resolution
12 adopted thereunder:
13 (i) Section 3104, floodplain alteration permit.
14 (ii) Section 3503, permit for use of water in mining iron
15 ore.
16 (iii) Section 4105, sewerage system construction permit.
17 (iv) Section 6516, vehicle testing license.
18 (v) Section 6521, motor vehicle fleet testing permit.
19 (vi) Section 8310, restricted use pesticide dealer business
20 location license.
21 (vii) Section 8504, license to manufacture or distribute
22 fertilizer.
23 (viii) Section 9112, local soil erosion and sedimentation
24 control permit.
25 (ix) Section 11509, solid waste disposal area construction
26 permit.
27 (x) Section 11512, solid waste disposal area operating
1 license.
2 (xi) Section 11542, municipal solid waste incinerator ash
3 landfill operating license amendment.
4 (xii) Section 11703, septage waste servicing license.
5 (xiii) Section 11704, septage waste vehicle license.
6 (xiv) Section 11709, septage waste disposal permit.
7 (xv) Section 30104, inland lakes and streams project permit.
8 (xvi) Section 30304, state permit for dredging, filling, or
9 other activity in wetland.
10 (xvii) Section 31509, dam construction, repair, removal
11 permit.
12 (xviii) Section 32312, flood risk, high risk, or
13 environmental area permit.
14 (xix) Section 32503, permit for dredging and filling
15 bottomland.
16 (xx) Section 35304, department permit for critical dune area
17 use.
18 (xxi) Section 36505, endangered species permit.
19 (xxii) Section 41702, game bird hunting preserve license.
20 (xxiii) Section 42101, dog training area permit.
21 (xxiv) Section 42501, fur dealer's license.
22 (xxv) Section 42702, game dealer's license.
23 (xxvi) Section 44513, charter boat operating permit under
24 reciprocal agreement.
25 (xxvii) Section 44517, boat livery operating permit.
26 (xxviii) Section 45503, permit to take frogs for scientific
27 use.
1 (xxix) Section 45902, game fish propagation license.
2 (xxx) Section 45906, game fish import license.
3 (xxxi) Section 61525, oil or gas well drilling permit.
4 (xxxii) Section 62509, brine, storage, or waste disposal well
5 drilling or conversion permit or test well drilling permit.
6 (xxxiii) Section 63103a, metallic mineral mining permit.
7 (xxxiv) Section 63514 or 63525, surface coal mining and
8 reclamation permit or revision of the permit during the term of
9 the permit, respectively.
10 (xxxv) Section 63704, sand dune mining permit.
11 (xxxvi) Section 72108, use permits for Michigan trailway.
12 (xxxvii) Section 76109, sunken aircraft or watercraft
13 abandoned property recovery permit.
14 (xxxviii) Section 76504, Mackinac Island motor vehicle and
15 land use permits.
16 (xxxix) Section 80159, buoy or beacon permit.
17 (e) "Processing deadline" means the last day of the
18 processing period.
19 (f) "Processing period" means the following time period after
20 the close of the application period, for the following permit, as
21 applicable:
22 (i) Thirty days for a permit under section 9112.
23 (ii) Thirty days after the department consults with the
24 underwater salvage and preserve committee created under section
25 76103, for a permit under section 76109.
26 (iii) Sixty days, for a permit under section 30104 for a
27 minor project as established by rule under section 30105(6) or
1 for a permit under section 32312.
2 (iv) Sixty days or, if a hearing is held, 90 days for a
3 permit under section 35304.
4 (v) Sixty days or, if a hearing is held, 120 days for a
5 permit under section 30104, other than a permit for a minor
6 project as established by rule under section 30105(6), or for a
7 permit under section 31509.
8 (vi) Twenty days for a permit under section 61525 or 62509.
9 (vii) Ninety days for a permit under section 11512, a
10 revision of a surface coal mining and reclamation permit during
11 the term of the permit under section 63525, or a permit under
12 section 72108.
13 (viii) Ninety days or, if a hearing is held, 150 days for a
14 permit under section 3104, 30304, or 32503.
15 (ix) One hundred and twenty days for a permit under section
16 11509, 11542, 63103a, 63514, or 63704.
17 (x) One hundred fifty days for a permit under section 36505.
18 However, if a site inspection or federal approval is required,
19 the 150-day period is tolled pending completion of the inspection
20 or receipt of the federal approval.
21 (xi) For any other permit, 150 days or, if a hearing is held,
22 90 days after the hearing, whichever is later.
23 Sec. 1303. (1) An application for a permit shall be
24 submitted to the department in a format to be developed by the
25 department, except as provided in section 30307 with respect to a
26 state wetland permit.
27 (2) The department shall, upon request and without charge,
1 provide a person a copy of all of the following:
2 (a) A blank permit application form.
3 (b) In concise form, any instructions necessary to complete
4 the application.
5 (c) A complete, yet concise, explanation of the permit review
6 process.
7 (3) The department shall post the documents described in
8 subsection (2) on its website.
9 Sec. 1305. (1) Effective 30 days after the state receives
10 an application for a permit, the application shall be considered
11 to be administratively complete unless the department proceeds as
12 provided under subsection (2).
13 (2) If, before the expiration of the 30-day period under
14 subsection (1), the department notifies the applicant that the
15 application is not administratively complete, specifying the
16 information necessary to make the application administratively
17 complete, or notifies the applicant that a fee required to
18 accompany the application has not been paid, specifying the
19 amount due, the running of the 30-day period under subsection (1)
20 is tolled until the applicant submits to the department the
21 specified information or fee amount due. The notice shall be
22 given in writing or by electronic notification.
23 Sec. 1307. (1) By the processing deadline, the department
24 shall approve or deny an application for a permit. If requested
25 by the permit applicant, the department may extend the processing
26 period for a permit by not more than 20%. Approval of an
27 application for a permit may be granted with conditions or
1 modifications necessary to achieve compliance with the part or
2 parts of this act under which the permit is issued.
3 (2) A denial of an application for a permit shall include an
4 explanation of the reasons for denial and make specific reference
5 to provisions of this act or rules promulgated under this act
6 providing the basis for denial.
7 (3) Except for permits described in subsection (4), if the
8 department fails to satisfy the requirements of subsection (1)
9 with respect to an application for a permit, the department shall
10 pay the applicant an amount equal to 15% of the greater of the
11 following, as applicable:
12 (a) The amount of the application fee for that permit.
13 (b) If an assessment or other fee is charged on an annual or
14 other periodic basis by the department to a person holding the
15 permit for which the application was submitted, the amount of the
16 first periodic charge of that assessment or other fee for that
17 permit.
18 (4) If the department fails to satisfy the requirements of
19 subsection (1) with respect to a permit under section 11509,
20 11512, or 30307, the application shall be considered to be
21 approved and the department shall be considered to have made any
22 determination required for approval.
23 (5) The failure of the department to satisfy the requirements
24 of subsection (1) or the fact that the department is required to
25 make a payment under subsection (3) or is considered to have
26 approved a permit under subsection (4) shall not be used by the
27 department as the basis for discriminating against the
1 applicant. If the department is required to make a payment under
2 subsection (3), the application shall be processed in sequence
3 with other applications for the same type of permit, based on the
4 date on which the processing period began, unless the director
5 determines on an application-by-application basis that the public
6 interest is best served by processing in a different order.
7 (6) If the department fails to satisfy the requirements of
8 subsection (1), the director shall notify the appropriations
9 committees of the senate and house of representatives of the
10 failure. The notification shall be in writing and shall include
11 both of the following:
12 (a) An explanation of the reason for the failure.
13 (b) A statement of the amount the department was required to
14 pay the applicant under subsection (3) or a statement that the
15 department was required to consider the application to be
16 approved under subsection (4), as applicable.
17 Sec. 1309. If a person submits applications for more than 1
18 type of permit for a particular development or project, the
19 department or departments shall process the applications in a
20 coordinated fashion to the extent feasible given procedural
21 requirements applicable to individual permits and, at the request
22 of an applicant, appoint a primary contact person to assist in
23 communications with the department or departments.
24 Sec. 1311. The director of the department shall submit a
25 report by December 1, 2005 and each year thereafter to the
26 standing committees and appropriations subcommittees of the
27 senate and house of representatives with primary responsibility
1 for issues under the jurisdiction of that department. The
2 department shall post the current report on its website. The
3 report shall include all of the following information for each
4 type of permit for the preceding fiscal year:
5 (a) The number of applications for permits the department
6 received.
7 (b) The number of applications approved, the number of
8 applications approved by the processing deadline, the number of
9 applications approved after the processing deadline, and the
10 average time for the department to determine administrative
11 completeness and to approve or disapprove applications.
12 (c) The number of applications denied, the number of
13 applications denied by the processing deadline, and the number of
14 applications denied after the processing deadline.
15 (d) The number of applications approved or denied after the
16 processing deadline that, based on the director's determination
17 of the public interest, were not processed in sequence as
18 otherwise required by section 1307(5).
19 (e) The number of applications that were not administratively
20 complete when received.
21 (f) The amount of money refunded and discounts granted under
22 section 1307.
23 (g) The number of applications processed as provided in
24 section 1309.
25 Sec. 3104. (1) The department is designated the state
26 agency to cooperate and negotiate with other governments,
27 governmental units, and governmental agencies in matters
1 concerning the water resources of the state, including, but not
2 limited to, flood control, beach erosion control, and water
3 quality control planning, development, and management. The
4 department shall have control over the alterations of natural or
5 present watercourses of all rivers and streams in the state to
6 assure that the channels and the portions of the floodplains that
7 are the floodways are not inhabited and are kept free and clear
8 of interference or obstruction that will cause any undue
9 restriction of the capacity of the floodway. The department may
10 take steps as may be necessary to take advantage of any act of
11 congress that may be of assistance in carrying out the purposes
12 of this part, including
the water resources planning act, Public
13 Law 89-80, 42 U.S.C.
1962 to 1962-1 and 1962a 42 USC
1962 to
14 1962d-3, and the federal
water pollution control act, chapter
15 758, 86 Stat. 816, 33
U.S.C. 1251 to 1252, 1253 to 1254, 1255 to
16 1257, 1258 to 1263,
1265 to 1270, 1273 to 1274, 1281, 1282 to
17 1293, 1294 to 1301,
1311 to 1313, 1314 to 1330, 1341 to 1346,
18 1361 to 1375, 1376 to
1377, and 1381 33 USC 1251 to
1387.
19 (2) The department shall report to the governor and to the
20 legislature at least annually on any plans or projects being
21 implemented or considered
for implementation. and shall include
22 in the The report shall include requests for
any legislation
23 needed to implement any proposed projects or agreements made
24 necessary as a result of a plan or project, together with any
25 requests for appropriations. The department may make
26 recommendations to the governor on the designation of areawide
27 water quality planning regions and organizations relative to the
1 governor's responsibilities under the federal water pollution
2 control act, 33 USC 1251 to 1387.
3 (3) A person shall submit
an application for a permit to
4 alter a floodplain on
a form approved by the department and not
5 alter a floodplain except as authorized by a floodplain permit
6 issued by the department pursuant to part 13. An application for
7 a permit shall include information that may be required by the
8 department to assess the proposed alteration's impact on the
9 floodplain. If an alteration includes activities at multiple
10 locations in a floodplain, 1 application may be filed for
11 combined activities.
12 (4) Except as provided in subsections (5), (6), and (8),
13 until October 1, 2008, an application for a floodplain permit
14 shall be accompanied by a fee of $500.00. Until October 1, 2008,
15 if the department determines that engineering computations are
16 required to assess the impact of a proposed floodplain alteration
17 on flood stage or discharge characteristics, the department shall
18 assess the applicant an additional $1,500.00 to cover the
19 department's cost of review.
20 (5) Until October 1, 2008, an application for a floodplain
21 permit for a minor project category shall be accompanied by a fee
22 of $100.00. Minor project categories shall be established by
23 rule and shall include activities and projects that are similar
24 in nature and have minimal potential for causing harmful
25 interference.
26 (6) If work has been done in violation of a permit
27 requirement under this part and restoration is not ordered by the
1 department, the department may accept an application for a permit
2 for that work if the application is accompanied by a fee equal to
3 2 times the permit fee required under subsection (4) or (5).
4 (7) The department shall forward fees collected under this
5 section to the state treasurer for deposit in the land and water
6 management permit fee fund created in section 30113.
7 (8) A project that requires review and approval under this
8 part and 1 or more of the following is subject to only the single
9 highest permit fee required under this part or the following:
10 (a) Part 301.
11 (b) Part 303.
12 (c) Part 323.
13 (d) Part 325.
14 (e) Section 117 of the land division act, 1967 PA 288, MCL
15 560.117.
16 Sec. 3503. The
department may grant permits for the
17 drainage, diversion A person shall not drain, divert, control,
18 or use of water when
necessary water for the operation of a
19 low-grade iron ore mining
property . The operator of the
20 low-grade iron ore
mining property may make application for the
21 permit to the
department in the form prescribed by the
22 department. The
application shall contain except
as authorized
23 by a permit issued by the department pursuant to part 13. An
24 application for a permit shall include information and data as
25 may be prescribed by the department in its rules and
26 regulations. Not later than 60 days following receipt of an
27 application, the department shall fix the time and place for a
1 public hearing on the application and shall publish notice of the
2 hearing. The notice shall be published twice in each county
3 involved in at least 1 newspaper of general circulation in the
4 county. At the hearing, the applicant and any other interested
5 party may appear, present witnesses, and submit evidence.
6 Following the hearing, the department may grant the permit and
7 publish notice of the granting of the permit, in the manner
8 provided for publication of notice of hearing, upon finding the
9 following conditions:
10 (a) That the proposed drainage, diversion, control, or use of
11 waters is necessary for the mining of substantial deposits of
12 low-grade iron ore, and that other feasible and economical
13 methods of obtaining a continuing supply of water for that
14 purpose are not available to the applicant.
15 (b) That the proposed drainage, diversion, control, or use of
16 waters will not unreasonably impair the interests of the public
17 or of riparians in lands or waters or the beneficial public use
18 of lands, and will not endanger the public health or safety.
19 Sec. 4105. (1) The mayor of each city, the president of
20 each village, the township supervisor of each township, the
21 responsible executive officer of a governmental agency, and all
22 other persons operating sewerage systems in this state shall file
23 with the department a true copy of the plans and specifications
24 of the entire sewerage system owned or operated by that person,
25 including any filtration or other purification plant or treatment
26 works as may be operated in connection with the sewerage system,
27 and also plans and specifications of all alterations, additions,
1 or improvements to the systems that may be made. The plans and
2 specifications shall, in
addition to all other things
3 requirements, show all the sources through or from which water is
4 or may be at any time pumped or otherwise permitted to enter into
5 the sewerage system, and the drain, watercourse, river, or lake
6 into which sewage is to be discharged. The plans and
7 specifications shall be
certified by the mayor and city engineer
8 of a city, by the president
and engineer if employed for a
9 village, by the proper
officer and the engineer employed by any
10 other governmental
agency, association, or private corporation
11 for the governmental
agency, association, or private corporation,
12 and by an individual
member of a partnership, or by the
13 individual owner of a
sewerage system owned and operated by a
14 partnership or 1 or
more individuals, including the engineer
15 employed, if any.
Before constructing a sewerage system,
16 filtration or other
purification plant, or treatment works or any
17 alteration, addition,
or improvement to the system or plant, the
18 mayor of each city,
the president of each village, and the
19 responsible official
of all other governmental agencies,
20 associations, private
corporations, and partnerships or
21 individuals shall
submit the plans and specifications to the
22 department and secure
from the department a permit for
23 construction. of a city, the president of a village, a
24 responsible member of a partnership, an individual owner, or the
25 proper officer of any other person that operates a sewerage
26 system, as well as by the engineer, if any are employed by any
27 such operator. The department may promulgate and enforce rules
1 regarding the preparation and submission of plans and
2 specifications and for the issuance and period of validity of
3 construction permits for
the work. A contractor, builder,
4 governmental agency,
corporation, association, partnership, or
5 individual shall not
engage in or commence the construction of a
6 sewerage system,
filtration or other purification plant, or
7 treatment works or an
alteration, addition, or improvement until
8 a valid permit for the
construction is secured from the
9 department. An
official of the governmental agency, corporation,
10 association, partnership,
or individual shall not issue a voucher
11 or check, or in any
other way expend the money of the
12 governmental agency,
corporation, association, partnership, or
13 individual, for the
construction unless a valid permit issued by
14 the department is in
effect.
15 (2) A person shall not construct a sewerage system or any
16 filtration or other purification plant or treatment works in
17 connection with a sewerage system except as authorized by a
18 construction permit issued by the department pursuant to part
19 13. A person shall not issue a voucher or check or otherwise
20 expend money for such construction unless such a permit has been
21 issued. An application for a permit shall be submitted by the
22 mayor of a city, the president of a village, a responsible member
23 of a partnership, an individual owner, or the proper officer of
24 any other person proposing the construction. An application for
25 a permit shall include plans and specifications as described in
26 subsection (1).
27 (3) (2) A
municipal officer or an officer or agent of a
1 governmental agency, corporation, association, partnership, or
2 individual who permits or allows construction to proceed on a
3 sewerage works without a valid permit, or in a manner not in
4 accordance with the plans and specifications approved by the
5 department, is guilty of a misdemeanor punishable by a fine of
6 not more than $500.00 or imprisonment for not more than 90 days,
7 or both.
8 Sec. 6516. (1) A person shall not engage in the business of
9 inspecting motor vehicles
under this part unless the person has
10 received except as authorized by a license to operate a
testing
11 station from the
department issued by the department pursuant
12 to part 13.
13 (2) A person shall not be licensed to operate a testing
14 station unless the person has an established place of business
15 where inspections are to be performed during regular business
16 hours, where records required by this part and the rules
17 promulgated under this part are to be maintained, and that is
18 equipped with an instrument or instruments of a type that comply
19 with and are capable of performing inspections of motor vehicles
20 under this part.
21 (3) A person licensed as a testing station shall perform
22 inspections under this part at the established place of business
23 for which the person is licensed. A person shall inform the
24 department immediately of a change in the address of an
25 established place of business at which the person is licensed as
26 a testing station.
27 (4) A person shall obtain a separate license and pay a
1 separate fee for each established place of business at which a
2 testing station is to be operated.
3 (5) A testing station may establish and operate mobile or
4 temporary testing station locations if they meet all of the
5 following conditions:
6 (a) The instrument used at the mobile or temporary location
7 is capable of meeting the performance specifications for
8 instruments set forth in rules promulgated under this part while
9 operating in the mobile or temporary station environment.
10 (b) The owner of a motor vehicle inspected at the mobile or
11 temporary location shall be provided with a free reinspection of
12 the motor vehicle, at the established place of business of the
13 testing station or at any mobile or temporary testing station
14 location operated by the testing station.
15 (c) Personnel at the licensed established place of business
16 location shall, at all times, know the location and hours of
17 operation of the mobile or temporary testing station or
18 stations.
19 (d) The records required by this part and the rules
20 promulgated under this part relating to inspections performed and
21 the instrument or instruments used at a mobile or temporary
22 testing station shall be maintained at a single established place
23 of business that is licensed as a testing station.
24 (e) The documents printed as required by the rules
25 promulgated under this part by an instrument used at a mobile or
26 temporary testing station location shall contain the testing
27 station number and the name, address, and telephone number of the
1 testing station's established place of business.
2 (6) A testing station may use remote sensing devices as a
3 complement to testing otherwise required by this part.
4 (7) A testing station shall not cause or permit an inspection
5 of a motor vehicle to be performed by a person other than an
6 emission inspector using an instrument of a type that complies
7 with the rules promulgated under this part.
8 (8) A testing station shall display a valid testing station
9 license issued by the department in a place and manner
10 conspicuous to its customers.
11 Sec. 6517. (1)
Application for original and replacement
12 testing station
licenses shall be submitted on forms provided by
13 the department.
14 (1) (2) An
applicant application for a testing station
15 license shall submit
to the department include a description of
16 the business to be
licensed. , which The description shall
17 include, in addition to other information required by this part
18 and the rules promulgated under this part, all of the following:
19 (a) The repair facility registration number issued to the
20 applicant if the applicant is licensed under the motor vehicle
21 service and repair act, Act
No. 300 of the Public Acts of 1974,
22 being sections
257.1301 to 257.1340 of the Michigan Compiled
23 Laws 1974 PA 300, MCL 257.1301 to 257.1340.
24 (b) The name of the business and the address of the business
25 location for which a testing station license is being sought.
26 (c) The name and address of each owner of the business in the
27 case of a sole proprietorship or a partnership and, in the case
1 of a corporation, the name and address of each officer and
2 director and of each owner of 25% or more of the corporation.
3 (d) The name of and identification number issued by the
4 department of for
each emission inspector employed by the
5 applicant.
6 (e) A description, including the model and serial number, of
7 each instrument to be used by the applicant to perform
8 inspections or reinspections under this part and the rules
9 promulgated under this part and the date the instrument was
10 purchased by the applicant.
11 (f) The estimated capacity of the applicant to perform
12 inspections.
13 (2) (3) The
fee for a testing station license is $50.00 and
14 shall accompany the application for a license submitted to the
15 department.
16 (3) (4) A
testing station license shall take effect on the
17 date it is approved by the department and shall remain in effect
18 until this part expires, the license is surrendered by the
19 station, revoked or suspended by the department, or until the
20 motor vehicle repair facility registration of the business has
21 been revoked or suspended by the department of state, surrendered
22 by the facility, or has expired without timely renewal.
23 (4) (5) If
a testing station license has expired by reason
24 of surrender, revocation, or expiration of repair facility
25 registration, the business shall not resume operation as a
26 testing station until the repair facility registration has been
27 reinstated and a new, original application for a testing station
1 license has been received and approved by the department and a
2 new license fee paid.
3 (5) (6) When
the repair facility registration has been
4 suspended, the testing station may resume operation without a new
5 application when the repair facility registration suspension has
6 ended.
7 Sec. 6521. (1) A fleet owner or lessee shall not perform
8 inspections under this part or the rules promulgated under this
9 part unless the fleet
owner or lessee has received from the
10 department except as authorized under a permit to operate
a
11 fleet testing station issued by the department pursuant to part
12 13.
13 (2) A person shall not receive a permit to operate a fleet
14 testing station unless the person has an established location
15 where inspections are to be performed, where records required by
16 this part and the rules promulgated under this part are to be
17 maintained, that is equipped with an instrument or instruments of
18 a type that comply with this part or the rules promulgated under
19 this part, and that is capable of performing inspections of motor
20 vehicles under this part and the rules promulgated under this
21 part.
22 (3) A person with a permit to operate a fleet testing station
23 shall perform inspections under this part and the rules
24 promulgated under this part only at the established location for
25 which the person has the permit. A person shall inform the
26 department immediately of a change in the address of the
27 established location for which the person has a permit to operate
1 a fleet testing station.
2 (4) A fleet testing station shall not cause or permit an
3 inspection of a motor vehicle to be performed by a person other
4 than an emission inspector using an instrument of a type that
5 complies with the rules promulgated under this part.
6 (5) Applications
for original and replacement fleet testing
7 station permits shall
be submitted on forms provided by the
8 department.
9 (5) (6) An
applicant application for a fleet testing
10 station shall submit
to the department include a description of
11 the operation to be
licensed. , which The description shall
12 include, in addition to other information required by this part
13 and the rules promulgated under this part, all of the following:
14 (a) The name of the business and the address of the location
15 for which a fleet testing station permit is being sought.
16 (b) The name and address of each owner of the business in the
17 case of a sole proprietorship or a partnership and, in the case
18 of a corporation, the name and address of each officer and
19 director and of each owner of 25% or more of the corporation.
20 (c) The name of and identification number issued by the
21 department of for
each emission inspector employed by the
22 applicant.
23 (d) A description, including the model and serial number of
24 each instrument to be used by the applicant to perform
25 inspections or reinspections under this part and the rules
26 promulgated under this part, and the date the equipment was
27 purchased by the applicant.
1 (e) A description of the fleet to be inspected, including the
2 number and types of motor vehicles.
3 (f) A statement signed by the applicant certifying that the
4 applicant maintains and repairs, on a regular basis, the fleet
5 vehicles owned by the applicant.
6 (6) (7) A
fleet testing station permit shall take effect on
7 the date it is approved by the department and shall expire 1 year
8 from that date. A fleet testing station permit shall be renewed
9 automatically, unless the fleet testing station informs the
10 department not to renew it or unless the department has revoked
11 the permit.
12 (7) (8) A
person shall obtain a separate permit for each
13 location at which fleet inspections are performed.
14 (8) (9) By
the fifteenth day of each month, each fleet
15 testing station shall remit $1.00 for each vehicle inspected
16 during the preceding month to the department of treasury for
17 deposit in the motor vehicle emissions testing program fund.
18 Sec. 8310. (1) A restricted
use pesticide dealer shall
19 obtain person shall not engage in distributing, selling,
or
20 offering for sale restricted use pesticides to the ultimate user
21 except as authorized under an annual license for each place of
22 business issued by the department pursuant to part 13.
23 (2) The applicant for a license under subsection (1) shall be
24 the person in charge of each business location. The applicant
25 shall demonstrate by written examination his or her knowledge of
26 laws and rules governing the use and sale of restricted use
27 pesticides.
1 (3) A restricted use pesticide dealer shall forward to the
2 director a record of all sales of restricted use pesticides on
3 forms provided by the director as required by rule. Restricted
4 use pesticide dealers shall keep copies of the records on file
5 for 2 years. These records are subject to inspection by an
6 authorized agent of the director. The records shall, upon
7 request, be supplied in summary form to other state agencies.
8 The summary shall include the name and address of the restricted
9 use pesticide dealer, the name and address of the purchaser, the
10 name of the pesticide sold, and, in an emergency, the quantity
11 sold. Information may not be made available to the public if, in
12 the discretion of the director, release of that information could
13 have a significant adverse effect on the competitive position of
14 the dealer, distributor, or manufacturer.
15 (4) A restricted use pesticide dealer shall sell or
16 distribute restricted use pesticides for use only by applicators
17 certified under this part.
18 (5) The director may deny, suspend, or revoke a restricted
19 use pesticide dealer's license for any violation of this part
20 committed by the dealer or the dealer's officer, agent, or
21 employee.
22 (6) A restricted use pesticide dealer shall maintain and
23 submit to the department records of all restricted use pesticide
24 sales to private applicators and the intended county of
25 application for those pesticides.
26 (7) Information collected in subsection (6) is confidential
27 business information and is not subject to the freedom of
1 information act, 1976 PA 442, MCL 15.231 to 15.246.
2 Sec. 8504. (1) A person shall not manufacture or distribute
3 fertilizer in this state, except specialty fertilizer and soil
4 conditioners, until the appropriate groundwater protection fee
5 provided in section 8715 has been submitted, and except as
6 authorized by a license
to manufacture or distribute has been
7 obtained by the
manufacturer or distributor from the department
8 upon issued by the department pursuant to part 13. An
9 application for a license shall be accompanied by a payment of a
10 fee of $100.00 for each of the following:
11 (a) For each Each
fixed location at which fertilizer is
12 manufactured in this state.
13 (b) For each Each
mobile unit used to manufacture
14 fertilizer in this state.
15 (c) For each Each
location out of the state that applies
16 labeling showing out-of-state origin of fertilizer distributed in
17 this state to nonlicensees.
18 (2) An application for a license to manufacture or distribute
19 fertilizer shall include:
20 (a) The name and address of the applicant.
21 (b) The name and address of each bulk distribution point in
22 the state not licensed for fertilizer manufacture or
23 distribution. The name and address shown on the license shall be
24 shown on all labels, pertinent invoices, and bulk storage for
25 fertilizers distributed by the licensee in this state.
26 (3) The licensee shall inform the director in writing of
27 additional distribution points established during the period of
1 the license.
2 (4) A distributor shall
not be is not required to obtain a
3 license if the distributor is selling fertilizer of a distributor
4 or a manufacturer licensed under this part.
5 (5) All licenses to manufacture or distribute fertilizer
6 expire on December 31 of each year.
7 Sec. 9112. (1) A person shall not maintain or undertake an
8 earth change governed by this part, the rules promulgated under
9 this part, or an applicable local ordinance, except in accordance
10 with this part and the rules promulgated under this part or with
11 the applicable local
ordinance, and pursuant to a permit
12 approved except as authorized by a permit issued by the
13 appropriate county enforcing agency or municipal enforcing agency
14 pursuant to part 13. A
county enforcing agency or municipal
15 enforcing agency shall
approve or deny an application for a
16 permit within 30 days
after the filing of a complete application
17 for a permit.
18 (2) If in the opinion of the department a person, including
19 an authorized public agency, violates this part, the rules
20 promulgated under this part, or an applicable local ordinance, or
21 a county enforcing agency or municipal enforcing agency fails to
22 enforce this part, the rules promulgated under this part, or an
23 applicable local ordinance, the department may notify the alleged
24 offender in writing of its determination. If the department
25 places a county on probation under section 9105, a municipality
26 is not approved under section 9106, or a state agency or agency
27 of a local unit of government is not approved under section 9110,
1 or if the department determines that a municipal enforcing agency
2 or authorized public agency is not satisfactorily administering
3 and enforcing this part and rules promulgated under this part,
4 the department shall notify the county, municipality, state
5 agency, or agency of a local unit of government in writing of its
6 determination or action. The notice shall contain, in addition
7 to a statement of the specific violation or failure that the
8 department believes to exist, a proposed order, stipulation for
9 agreement, or other action that the department considers
10 appropriate to assure timely correction of the violation or
11 failure. The notice shall set a date for a hearing not less than
12 4 nor more than 8 weeks from the date of the notice of
13 determination. Extensions of the date of the hearing may be
14 granted by the department or on request. At the hearing, any
15 interested party may appear, present witnesses, and submit
16 evidence. A person who has been served with a notice of
17 determination may file a written answer to the notice of
18 determination before the date set for hearing or at the hearing
19 may appear and present oral or written testimony and evidence on
20 the charges and proposed requirements of the department to assure
21 correction of the violation or failure. If a person served with
22 the notice of determination agrees with the proposed requirements
23 of the department and notifies the department of that agreement
24 before the date set for the hearing, disposition of the case may
25 be made with the approval of the department by stipulation or
26 consent agreement without further hearing. The final order of
27 determination following the hearing, or the stipulation or
1 consent order as authorized by this section and approved by the
2 department, is conclusive unless reviewed in accordance with the
3 administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
4 24.328, in the circuit court of Ingham county, or of the county
5 in which the violation occurred, upon petition filed within 15
6 days after the service upon the person of the final order of
7 determination.
8 Sec. 11509. (1) Except as otherwise provided in section
9 11529, a person otherwise
allowed under this part to own or
10 operate a solid waste
disposal area shall not establish a
11 disposal area without
a construction permit from the
12 department, except as authorized by a construction permit
issued
13 by the department pursuant to part 13. In addition, a person
14 shall not establish a disposal area contrary to an approved solid
15 waste management plan, or contrary to a permit, license, or final
16 order issued pursuant to this part. A person proposing the
17 establishment of a disposal area shall apply for a construction
18 permit to the department
through the health officer. on a form
19 provided by the department.
If the disposal area is located in a
20 county or city that does not have a certified health department,
21 the application shall be made directly to the department.
22 (2) The application for a construction permit shall contain
23 the name and residence of the applicant, the location of the
24 proposed disposal area, the design capacity of the disposal area,
25 and other information specified by rule. A person may apply to
26 construct more than 1 type of disposal area at the same facility
27 under a single permit. The application shall be accompanied by
1 an engineering plan and a construction permit application fee. A
2 construction application
permit application for a landfill
3 shall be accompanied by a fee in an amount that is the sum of all
4 of the applicable
fees in this subsection following fees, as
5 applicable:
6 (a) For a new sanitary landfill, a fee equal to the following
7 amount:
8 (i) For a municipal solid waste landfill, $1,500.00.
9 (ii) For an industrial waste landfill, $1,000.00.
10 (iii) For a type III landfill limited to low hazard
11 industrial waste, $750.00.
12 (b) For a lateral expansion of a sanitary landfill, a fee
13 equal to the following amount:
14 (i) For a municipal solid waste landfill, $1,000.00.
15 (ii) For an industrial waste landfill, $750.00.
16 (iii) For a type III landfill limited to low hazard
17 industrial waste, construction and demolition waste, or other
18 nonindustrial waste, $500.00.
19 (c) For a vertical expansion of an existing sanitary
20 landfill, a fee equal to the following amount:
21 (i) For a municipal solid waste landfill, $750.00.
22 (ii) For an industrial waste landfill, $500.00.
23 (iii) For an industrial waste landfill limited to low hazard
24 industrial waste, construction and demolition waste, or other
25 nonindustrial waste, $250.00.
26 (3) The application for a construction permit for a solid
27 waste transfer facility, a solid waste processing plant, other
1 disposal area, or a combination of these, shall be accompanied by
2 a fee in the following amount:
3 (a) For a new facility for municipal solid waste, or a
4 combination of municipal solid waste and waste listed in
5 subdivision (b), $1,000.00.
6 (b) For a new facility for industrial waste, or construction
7 and demolition waste, $500.00.
8 (c) For the expansion of an existing facility for any type of
9 waste, $250.00.
10 (4) If an application is returned to the applicant as
11 administratively incomplete, the department shall refund the
12 entire fee. If a permit is denied or an application is
13 withdrawn, the department shall refund 1/2 the amount specified
14 in subsection (3) to the applicant. An applicant for a
15 construction permit, within 12 months after a permit denial or
16 withdrawal, may resubmit the application and the refunded portion
17 of the fee, together with the additional information as needed to
18 address the reasons for denial, without being required to pay an
19 additional application fee.
20 (5) An application for a modification to a construction
21 permit or for renewal of a construction permit which has expired
22 shall be accompanied by a fee of $250.00. Increases in final
23 elevations that do not result in an increase in design capacity
24 or a change in the solid waste boundary shall be considered a
25 modification and not a vertical expansion.
26 (6) A person who applies to permit more than 1 type of
27 disposal area at the same facility shall pay a fee equal to the
1 sum of the applicable fees listed in this section.
2 (7) The department shall deposit permit application fees
3 collected under this section in the solid waste staff account of
4 the solid waste management fund established in section 11550.
5 Sec. 11511. (1) The
department shall make a final decision
6 as to whether to issue
a construction permit within 120 days
7 after the department
receives an administratively complete
8 application. The
decision of the department and the reasons for
9 the decision shall be
in writing with specific reference to this
10 part or rules
promulgated under this part for any substantiation
11 of denial of the
permit application and shall be sent by
12 first-class mail to The department shall notify the clerk of the
13 municipality in which the disposal area is proposed to be located
14 and to the
applicant of its approval or denial of an
15 application for a construction permit within 10 days after the
16 final decision is made. If
the department fails to make a final
17 decision within 120
days, the permit shall be considered issued.
18 (2) A construction permit shall expire 1 year after the date
19 of issuance, unless development under the construction permit is
20 initiated within that year. A construction permit that has
21 expired may be renewed upon payment of a permit renewal fee and
22 submission of any additional information the department may
23 require.
24 (3) Except as otherwise provided in this subsection, the
25 department shall not issue a construction permit for a disposal
26 area within a planning area unless a solid waste management plan
27 for that planning area has been approved pursuant to sections
1 11536 and 11537 and unless the disposal area complies with and is
2 consistent with the approved solid waste management plan. The
3 department may issue a construction permit for a disposal area
4 designed to receive ashes produced in connection with the
5 combustion of fossil fuels for electrical power generation in the
6 absence of an approved county solid waste management plan, upon
7 receipt of a letter of approval from whichever county or
8 counties, group of municipalities, or regional planning agency
9 has prepared or is preparing the county solid waste management
10 plan for that planning area under section 11533 and from the
11 municipality in which the disposal area is to be located.
12 Sec. 11512. (1) A person shall dispose of solid waste at a
13 disposal area licensed under this part unless a person is
14 permitted by state law or rules promulgated by the department to
15 dispose of the solid waste at the site of generation.
16 (2) Except as otherwise provided in this section or in
17 section 11529, a person shall not conduct, manage, maintain, or
18 operate a disposal area
within this state without a license from
19 the department, except as authorized by an operating license
20 issued by the department pursuant to part 13. In addition, a
21 person shall not conduct, manage, maintain, or operate a disposal
22 area contrary to an approved solid waste management plan, or
23 contrary to a permit, license, or final order issued under this
24 part. A person who intends to conduct, manage, maintain, or
25 operate a disposal area shall submit a license application to the
26 department through a
certified health department. on a form
27 provided by the
department. If the disposal area is
located in a
1 county or city that does not have a certified health department,
2 the application shall be made directly to the department. A
3 person authorized by this part to operate more than 1 type of
4 disposal area at the same facility may apply for a single
5 license.
6 (3) The application for a license shall contain the name and
7 residence of the applicant, the location of the proposed or
8 existing disposal area, the type or types of disposal area
9 proposed, evidence of bonding, and other information required by
10 rule. In addition, an applicant for a type II landfill shall
11 submit evidence of financial assurance adequate to meet the
12 requirements of section 11523a, the maximum waste slope in the
13 active portion, an estimate of remaining permitted capacity, and
14 documentation on the amount of waste received at the disposal
15 area during the previous license period or expected to be
16 received, whichever is greater. The application shall be
17 accompanied by a fee as specified in subsections (7), (9), and
18 (10).
19 (4) At the time of application for a license for a disposal
20 area, the applicant shall submit to a health officer or the
21 department a certification under the seal of a licensed
22 professional engineer verifying that the construction of the
23 disposal area has proceeded according to the approved plans. If
24 construction of the disposal area or a portion of the disposal
25 area is not complete, the department shall require additional
26 construction certification of that portion of the disposal area
27 during intermediate progression of the operation, as specified in
1 section 11516(5).
2 (5) An applicant for an operating license, within 6 months
3 after a license denial, may resubmit the application, together
4 with additional information or corrections as are necessary to
5 address the reason for denial, without being required to pay an
6 additional application fee.
7 (6) In order to conduct tests and assess operational
8 capabilities, the owner or operator of a municipal solid waste
9 incinerator that is designed to burn at a temperature in excess
10 of 2500 degrees Fahrenheit may operate the incinerator without an
11 operating license, upon notice to the department, for a period
12 not to exceed 60 days.
13 (7) The application for a type II landfill operating license
14 shall be accompanied by the following fee for the 5-year term of
15 the operating license, calculated in accordance with subsection
16 (8):
17 (a) Landfills receiving less than 100 tons per day, $250.00.
18 (b) Landfills receiving 100 tons per day or more, but less
19 than 250 tons per day, $1,000.00.
20 (c) Landfills receiving 250 tons per day or more, but less
21 than 500 tons per day, $2,500.00.
22 (d) Landfills receiving 500 tons per day or more, but less
23 than 1,000 tons per day, $5,000.00.
24 (e) Landfills receiving 1,000 tons per day or more, but less
25 than 1,500 tons per day, $10,000.00.
26 (f) Landfills receiving 1,500 tons per day or more, but less
27 than 3,000 tons per day, $20,000.00.
1 (g) Landfills receiving greater than 3,000 tons per day,
2 $30,000.00.
3 (8) Type II landfill application fees shall be based on the
4 average amount of waste projected to be received daily during the
5 license period. Application fees for license renewals shall be
6 based on the average amount of waste received in the previous
7 calendar year. Application fees shall be adjusted in the
8 following circumstances:
9 (a) If a landfill accepts more waste than projected, a
10 supplemental fee equal to the difference shall be submitted with
11 the next license application.
12 (b) If a landfill accepts less waste than projected, the
13 department shall credit the applicant an amount equal to the
14 difference with the next license application.
15 (c) A type II landfill that measures waste by volume rather
16 than weight shall pay a fee based on 3 cubic yards per ton.
17 (d) A landfill used exclusively for municipal solid waste
18 incinerator ash that measures waste by volume rather than weight
19 shall pay a fee based on 1 cubic yard per ton.
20 (e) If an application is submitted to renew a license more
21 than 1 year prior to license expiration, the department shall
22 credit the applicant an amount equal to 1/2 the application fee.
23 (f) If an application is submitted to renew a license more
24 than 6 months but less than 1 year prior to license expiration,
25 the department shall credit the applicant an amount equal to 1/4
26 the application fee.
27 (9) The operating license application for a type III landfill
1 shall be accompanied by a fee equal to $2,500.00.
2 (10) The operating license application for a solid waste
3 processing plant, solid waste transfer facility, other disposal
4 area, or combination of these entities shall be accompanied by a
5 fee equal to $500.00.
6 (11) The department shall deposit operating license
7 application fees collected under this section in the perpetual
8 care account of the solid waste management fund established in
9 section 11550.
10 (12) A person who applies for an operating license for more
11 than 1 type of disposal area at the same facility shall pay a fee
12 equal to the sum of the applicable application fees listed in
13 this section.
14 Sec. 11516. (1) Subject
to subsection (4), the The
15 department shall conduct
a consistency review and make before
16 making a final decision
on a license application. within 90 days
17 after the department
receives an administratively complete
18 application. The
decision of the department and the reasons for
19 the decision shall be
documented in writing with specific
20 reference to this part
or rules promulgated under this part and
21 shall be sent by
first-class mail to The
department shall notify
22 the clerk of the municipality in which the disposal area is
23 located and to the
applicant of its approval or denial of a
24 license application within 10 days after the final decision is
25 made. If the
department fails to make a final decision within
26 90 days, the license
is considered issued.
27 (2) An operating license shall expire 5 years after the date
1 of issuance. An operating license may be renewed before
2 expiration upon payment of a renewal application fee specified in
3 section 11512(8) if the licensee is in compliance with this part
4 and the rules promulgated under this part.
5 (3) The issuance of the operating license under this part
6 empowers the department or a health officer or an authorized
7 representative of a health officer to enter at any reasonable
8 time, pursuant to law, in or upon private or public property
9 licensed under this part for the purpose of inspecting or
10 investigating conditions relating to the storage, processing, or
11 disposal of any material.
12 (4) Except as otherwise provided in this subsection, the
13 department shall not issue an operating license for a new
14 disposal area within a planning area unless a solid waste
15 management plan for that planning area has been approved pursuant
16 to sections 11536 and 11537 and unless the disposal area complies
17 with and is consistent with the approved solid waste management
18 plan. The department may issue an operating license for a
19 disposal area designed to receive ashes produced in connection
20 with the combustion of fossil fuels for electrical power
21 generation in the absence of an approved county solid waste
22 management plan, upon receipt of a letter of approval from
23 whichever county or counties, group of municipalities, or
24 regional planning agency has prepared or is preparing the county
25 solid waste management plan for that planning area under section
26 11533 and from the municipality in which the disposal area is to
27 be located.
1 (5) Issuance of an operating license by the department
2 authorizes the licensee to accept waste for disposal in certified
3 portions of the disposal area for which a bond was established
4 under section 11523 and, for type II landfills, for which
5 financial assurance was demonstrated under section 11523a. If
6 the construction of a portion of a landfill licensed under this
7 section is not complete at the time of license application, the
8 owner or operator of the landfill shall submit a certification
9 under the seal of a licensed professional engineer verifying that
10 the construction of that portion of the landfill has proceeded
11 according to the approved plans at least 60 days prior to the
12 anticipated date of waste disposal in that portion of the
13 landfill. If the department does not deny the certification
14 within 60 days of receipt, the owner or operator may accept waste
15 for disposal in the certified portion. In the case of a denial,
16 the department shall issue a written statement stating the
17 reasons why the construction or certification is not consistent
18 with this part or rules promulgated under this part or the
19 approved plans.
20 Sec. 11542. (1)
Except as provided in subsection (9) (5),
21 municipal solid waste incinerator ash shall be disposed of in 1
22 of the following:
23 (a) A landfill that meets all of the following requirements:
24 (i) The landfill is in compliance with this part and the
25 rules promulgated under this part.
26 (ii) The landfill is used exclusively for the disposal of
27 municipal solid waste incinerator ash.
1 (iii) The landfill design includes all of the following in
2 descending order according to their placement in the landfill:
3 (A) A leachate collection system.
4 (B) A synthetic liner at least 60 mils thick.
5 (C) A compacted clay liner of 5 feet or more with a maximum
6 hydraulic conductivity of 1 x 10-7 centimeters per second.
7 (D) A leak detection and leachate collection system.
8 (E) A compacted clay liner at least 3 feet thick with a
9 maximum hydraulic conductivity of 1 x 10-7 centimeters per
10 second or a synthetic liner at least 40 mils thick.
11 (b) A landfill that meets all of the following requirements:
12 (i) The landfill is in compliance with this part and the
13 rules promulgated under this part.
14 (ii) The landfill is used exclusively for the disposal of
15 municipal solid waste incinerator ash.
16 (iii) The landfill design includes all of the following in
17 descending order according to their placement in the landfill:
18 (A) A leachate collection system.
19 (B) A composite liner, as defined in R 299.4102 of the
20 Michigan administrative code.
21 (C) A leak detection and leachate collection system.
22 (D) A second composite liner.
23 (iv) If contaminants that may threaten the public health,
24 safety, or welfare, or the environment are found in the leachate
25 collection system described in subparagraph (iii)(C), the owner
26 or operator of the landfill shall determine the source and nature
27 of the contaminants and make repairs, to the extent practicable,
1 that will prevent the contaminants from entering the leachate
2 collection system. If the department determines that the source
3 of the contaminants is caused by a design failure of the
4 landfill, the department, notwithstanding an approved
5 construction permit or operating license, may require landfill
6 cells at that landfill that will be used for the disposal of
7 municipal solid waste incinerator ash, which are under
8 construction or will be constructed in the future at the
9 landfill, to be constructed in conformance with improved design
10 standards approved by the department. However, this subparagraph
11 does not require the removal of liners or leak detection and
12 leachate collection systems that are already in place in a
13 landfill cell under construction.
14 (c) A landfill that is a monitorable unit, as defined in
15 R 299.4104 of the Michigan administrative code, and that meets
16 all of the following requirements:
17 (i) The landfill is in compliance with this part and the
18 rules promulgated under this part.
19 (ii) The landfill is used exclusively for the disposal of
20 municipal solid waste incinerator ash.
21 (iii) The landfill design includes all of the following in
22 descending order according to their placement in the landfill:
23 (A) A leachate collection system.
24 (B) A synthetic liner at least 60 mils thick.
25 (C) Immediately below the synthetic liner, either 2 feet of
26 compacted clay with a maximum hydraulic conductivity of 1 x 10-7
27 centimeters per second or a bentonite geocomposite liner, as
1 specified in R 299.4914 of the Michigan administrative code.
2 (D) At least 10 feet of either natural or compacted clay with
3 a maximum hydraulic conductivity of 1 x 10-7 centimeters per
4 second, or equivalent.
5 (d) A landfill with a design approved by the department that
6 will prevent the migration of any hazardous constituent into the
7 groundwater or surface water at least as effectively as the
8 design requirements of subdivisions (a) to (c).
9 (e) A type II landfill, as defined in R 299.4105 of the
10 Michigan administrative code, if both of the following conditions
11 apply:
12 (i) The ash was generated by a municipal solid waste
13 incinerator that is designed to burn at a temperature in excess
14 of 2500 degrees Fahrenheit.
15 (ii) The ash from any individual municipal solid waste
16 incinerator is disposed of pursuant to this subdivision for a
17 period not to exceed 60 days.
18 (2) (3) Except
as provided in subsection (4) (3), a
19 landfill that is constructed pursuant to the design described in
20 subsection (1) shall be capped following its closure by all of
21 the following in descending order:
22 (a) Six inches of top soil with a vegetative cover.
23 (b) Two feet of soil to protect against animal burrowing,
24 temperature, erosion, and rooted vegetation.
25 (c) An infiltration collection system.
26 (d) A synthetic liner at least 30 mils thick.
27 (e) Two feet of compacted clay with a maximum hydraulic
1 conductivity of 1 x 10-7 centimeters per second.
2 (3) (4) A
landfill that receives municipal solid waste
3 incinerator ash under this section may be capped with a design
4 approved by the department that will prevent the migration of any
5 hazardous constituent into the groundwater or surface water at
6 least as effectively as the design requirements of subsection
7 (3) (2).
8 (4) (5) If
leachate is collected from a landfill under this
9 section, the leachate shall be monitored and tested in accordance
10 with this part and the rules promulgated under this part.
11 (5) (6) As
an alternative to disposal described in
12 subsection (1), the owner or operator of a municipal solid waste
13 incinerator may process municipal solid waste incinerator ash
14 through mechanical or chemical methods, or both, to substantially
15 diminish the toxicity of the ash or its constituents or limit the
16 leachability of the ash or its constituents to minimize threats
17 to human health and the environment, if processing is performed
18 on the site of the municipal solid waste incinerator or at the
19 site of a landfill described in subsection (1), if the process
20 has been approved by the department as provided by rule, and if
21 the ash is tested after processing in accordance with a protocol
22 approved by the department as provided by rule. The department
23 shall approve the process and testing protocol under this
24 subsection only if the process and testing protocol will protect
25 human health and the environment. In making this determination,
26 the department shall consider all potential pathways of human and
27 environmental exposure, including both short-term and long-term,
1 to constituents of the ash that may be released during the reuse
2 or recycling of the ash. The department shall consider requiring
3 methods to determine the leaching, total chemical analysis,
4 respirability, and toxicity of reused or recycled ash. A
5 leaching procedure shall include testing under both acidic and
6 native conditions. If municipal solid waste incinerator ash is
7 processed in accordance with the requirements of this subsection
8 and the processed ash satisfies the testing protocol approved by
9 the department as provided by rule, the ash may be disposed of in
10 a municipal solid waste landfill, as defined by R 299.4104 of the
11 Michigan administrative code, licensed under this part or may be
12 used in any manner approved by the department. If municipal
13 solid waste incinerator ash is processed as provided in this
14 subsection, but does not satisfy the testing protocol approved by
15 the department as provided by rule, the ash shall be disposed of
16 in accordance with subsection (1).
17 (6) (7) The
disposal of municipal solid waste incinerator
18 ash within a landfill that is in compliance with subsection (1)
19 does not constitute a new proposal for which a new construction
20 permit is required under section 11510, if a construction permit
21 has previously been issued under section 11509 for the landfill
22 and the owner or operator of the landfill submits 6 copies of an
23 operating license amendment application to the department for
24 approval pursuant to part 13. The operating license amendment
25 application shall include revised plans and specifications for
26 all facility modifications including a leachate disposal plan, an
27 erosion control plan, and a dust control plan which shall be part
1 of the operating license amendment. The dust control plan shall
2 contain sufficient detail to ensure that dust emissions are
3 controlled by available control technologies that reduce dust
4 emissions by a reasonably achievable amount to the extent
5 necessary to protect human health and the environment. The dust
6 control plan shall provide for the ash to be wet during all times
7 that the ash is exposed to the atmosphere at the landfill or
8 otherwise to be covered by daily cover material; for dust
9 emissions to be controlled during dumping, grading, loading, and
10 bulk transporting of the ash at the landfill; and for dust
11 emissions from access roads within the landfill to be
12 controlled. With the exception of a landfill that is in
13 existence on June 12, 1989 that the department determines is
14 otherwise in compliance with this section, the owner or operator
15 of the landfill shall obtain the operating license amendment
16 prior to initiating construction. Prior to operation, the owner
17 or operator of a landfill shall submit to the department
18 certification from a licensed professional engineer that the
19 landfill has been constructed in accordance with the approved
20 plan and specifications. At the time the copies are submitted to
21 the department, the owner or operator of the landfill shall send
22 a copy of the operating license amendment application to the
23 municipality where the landfill is located. At least 30 days
24 prior to making a final decision on the operating license
25 amendment, the department shall hold at least 1 public meeting in
26 the vicinity of the landfill to receive public comments. Prior
27 to a public meeting, the department shall publish notice of the
1 meeting in a newspaper
serving the local area. The department
2 shall issue a final
decision on an operating license amendment
3 application within 120
days after the department receives an
4 administratively
complete application.
5 (7) (8) The
owner or operator of a municipal solid waste
6 incinerator or a disposal area that receives municipal solid
7 waste incinerator ash shall allow the department access to the
8 facility for the purpose of supervising the collection of samples
9 or obtaining samples of ash to test or to monitor air quality at
10 the facility.
11 (8) (9) As
used in subsection (1), "landfill" means a
12 landfill or a specific portion of a landfill.
13 Sec. 11703. (1) A
person engaged shall not engage in the
14 business of servicing shall
apply for except as authorized by a
15 septage waste servicing
license on an application form provided
16 by the department issued by the department pursuant to part 13.
17 The department shall provide an application form that includes
18 all of the following:
19 (a) The applicant's name and mailing address.
20 (b) The location or locations where the business is
21 operated.
22 (c) Additional information pertinent to this part as required
23 by the department.
24 (2) A person who submits a completed application form under
25 subsection (1) shall submit to the department with the
26 application all of the following:
27 (a) An application fee of $300.00 that will be refunded by
1 the department if a septage waste servicing license is not
2 issued.
3 (b) A $100.00 fee to accompany an initial license application
4 to be credited to the septage waste site contingency fund as
5 provided in section 11717.
6 (c) Written approval from all public septage waste treatment
7 facilities where the applicant plans to dispose of septage waste
8 and the locations sites
where the applicant plans to dispose of
9 septage waste upon receiving the department's approval, and, for
10 each proposed disposal site, either proof of ownership of the
11 proposed disposal location
site or written approval from the
12 site owner.
13 (3) A person who holds a septage waste servicing license
14 shall maintain at all times at his or her place of business a
15 complete record of the amount of septage waste that the person
16 has transported and disposed of and the location at which the
17 disposal of septage waste has occurred. The person shall display
18 these records upon the request of the director, a peace officer,
19 or an official of a certified health department.
20 Sec. 11704. (1) A person who is required to be licensed
21 pursuant to section 11703
is required to have shall not use a
22 motor vehicle to transport septage waste except as authorized by
23 a septage waste motor vehicle license issued by the department
24 pursuant to part 13 for each vehicle that is used to transport
25 septage waste. A septage waste motor vehicle license application
26 form shall be
provided by the department and shall be submitted
27 to the department with
shall be accompanied by a license fee of
1 $75.00 for each vehicle required to be licensed under this part.
2 A motor vehicle license
application is to shall include all of
3 the following information:
4 (a) The model and year of the motor vehicle.
5 (b) The capacity of any tank used to remove or transport the
6 septage waste.
7 (c) The name of the motor vehicle's insurance carrier.
8 (d) Additional information pertinent to this part as required
9 by the department.
10 (2) A person who is issued a septage waste motor vehicle
11 license issued
pursuant to this section shall carry that
12 license at all times in the motor vehicle that is described in
13 that license and display the license upon the request of the
14 department, a peace officer, or an official of a certified health
15 department.
16 (3) Without the express permission of the department, a
17 person shall not use a vehicle used to transport septage waste to
18 transport hazardous waste regulated under part 111 or liquid
19 industrial waste regulated under part 121.
20 Sec. 11709. (1) Subject to the limitations contained in
21 sections 11710 and 11711, septage waste that is picked up at a
22 location that is further than 15 road miles from a public septage
23 waste treatment facility ,
or where a public waste treatment
24 facility is not
available, may be disposed of on
land if the
25 person holding licenses issued pursuant to sections 11703 and
26 11704 applies to the
department for a permit obtains a permit
27 issued by the department pursuant to part 13 authorizing the
1 disposal of septage waste on land, supplies any additional
2 information pertinent to this part as required by the department,
3 and sends notice to property owners as provided in
4 subsection (2).
5 (2) An applicant for a permit under subsection (1) shall send
6 a notice to each land owner who owns property located within 800
7 feet of the proposed disposal location on a form approved by the
8 department. Service of the notice shall be made by first-class
9 mail. The notification shall include the nature of the proposed
10 land use, the location of the proposed disposal area, and whom to
11 contact if there is an objection to the proposed land use. A
12 copy of the notice that is mailed to each property owner shall be
13 sent to the certified health department having jurisdiction. If
14 no substantiated objections as determined by the department are
15 received within 10 business days following the mailing of the
16 notification, the department may issue a permit as provided in
17 this section. If the department finds that the applicant is
18 unable to provide notice as required in this subsection, the
19 department may waive the notice requirement or allow the
20 applicant to use a substitute means of providing notice.
21 (3) A permit issued under this section shall expire at the
22 same time as a septage waste servicing license issued pursuant to
23 section 11703, but is subject to renewal at that time. A permit
24 issued under this section may be revoked by the department if
25 septage waste disposal or site management is in violation of this
26 part or the rules promulgated under this part.
27 Sec. 30104. (1) Before
a project that is subject to this
1 part is undertaken, a
person shall file an application and
2 receive a permit from
the department. The application shall be
3 on a form prescribed
by the department and A person
shall not
4 undertake a project subject to this part except as authorized by
5 a permit issued by the department pursuant to part 13. An
6 application for a permit shall include any information that may
7 be required by the department. If a project includes activities
8 at multiple locations, 1 application may be filed for the
9 combined activities.
10 (2) Except as provided in subsections (3) and (4), until
11 October 1, 2008, an application for a permit shall be accompanied
12 by a fee based on an administrative cost in accordance with the
13 following schedule:
14 (a) For a minor project listed in R 281.816 of the Michigan
15 administrative code, or a seasonal drawdown or the associated
16 reflooding, or both, of a dam or impoundment for the purpose of
17 weed control, a fee of $50.00. However, for a permit for a
18 seasonal drawdown or associated reflooding, or both, of a dam or
19 impoundment for the purpose of weed control that is issued for
20 the first time after October 9, 1995, an initial fee of $500.00
21 with subsequent permits for the same purpose being assessed a
22 $50.00 fee.
23 (b) For construction or expansion of a marina, a fee of:
24 (i) $50.00 for an expansion of 1-10 slips to an existing
25 permitted marina.
26 (ii) $100.00 for a new marina with 1-10 proposed marina
27 slips.
1 (iii) $250.00 for an expansion of 11-50 slips to an existing
2 permitted marina, plus $10.00 for each slip over 50.
3 (iv) $500.00 for a new marina with 11-50 proposed marina
4 slips, plus $10.00 for each slip over 50.
5 (v) $1,500.00 if an existing permitted marina proposes
6 maintenance dredging of 10,000 cubic yards or more or the
7 addition of seawalls, bulkheads, or revetments of 500 feet or
8 more.
9 (c) For renewal of a marina operating permit, a fee of
10 $50.00.
11 (d) For major projects other than a project described in
12 subdivision (b)(v), involving any of the following, a fee of
13 $2,000.00:
14 (i) Dredging of 10,000 cubic yards or more.
15 (ii) Filling of 10,000 cubic yards or more.
16 (iii) Seawalls, bulkheads, or revetment revetments
of 500
17 feet or more.
18 (iv) Filling or draining of 1 acre or more of wetland
19 contiguous to a lake or stream.
20 (v) New dredging or upland boat basin excavation in areas of
21 suspected contamination.
22 (vi) Shore projections, such as groins and underwater
23 stabilizers, that extend 150 feet or more into a lake or stream.
24 (vii) New commercial docks or wharves of 300 feet or more in
25 length.
26 (viii) Stream enclosures 100 feet or more in length.
27 (ix) Stream relocations 500 feet or more in length.
1 (x) New golf courses.
2 (xi) Subdivisions.
3 (xii) Condominiums.
4 (e) For all other projects not listed in subdivisions (a)
5 through (d), a fee of $500.00.
6 (3) A project that requires review and approval under this
7 part and 1 or more of the following acts or parts of acts is
8 subject to only the single highest permit fee required under this
9 part or the following acts or parts of acts:
10 (a) Part 303.
11 (b) Part 323.
12 (c) Part 325.
13 (d) Section 3104.
14 (e) Section 117 of the land division act, 1967 PA 288, MCL
15 560.117.
16 (4) If work has been done in violation of a permit
17 requirement under this part and restoration is not ordered by the
18 department, the department may accept an application for a permit
19 if the application is accompanied by a fee equal to 2 times the
20 permit fee required under this section.
21 Sec. 30105. (1) Until October 1, 2003, a person who desires
22 notification of pending applications may submit a written request
23 to the department accompanied by an annual fee of $25.00. The
24 department shall forward all annual fees to the state treasurer
25 for deposit into the fund. The department shall prepare a
26 monthly list of the applications made during the previous month
27 and shall promptly mail copies of the list for the remainder of
1 the calendar year to the persons who have so requested notice.
2 The monthly list shall state the name and address of each
3 applicant, the legal description of the lands included in the
4 applicant's project, and a summary statement of the purpose of
5 the project. The department may hold a public hearing on pending
6 applications.
7 (2) Except as otherwise provided in this section, upon
8 receiving an application, the department shall submit copies for
9 review to the director of the department of community health or
10 the local health department designated by the director of the
11 department of community health, to the city, village, or township
12 and the county where the project is to be located, to the local
13 soil conservation district, to the watershed council
organized
14 under part 311, if any, to the local port commission, if any, and
15 to the persons required to be included in the application
16 pursuant to section 30104(1). Each copy of the application shall
17 be accompanied by a statement that unless a written request is
18 filed with the department within 20 days after the submission for
19 review, the department may grant the application without a public
20 hearing where the project is located. The department may hold a
21 public hearing upon the written request of the applicant or a
22 riparian owner or a person or governmental unit that is entitled
23 to receive a copy of the application pursuant to this
24 subsection.
25 (3) After completion of a project for which an application is
26 approved, the department may cause a final inspection to be made
27 and certify to the applicant that the applicant has complied with
1 the department's permit requirements.
2 (4) At least 10 days' notice of a hearing to be held under
3 this section shall be given by publication in a newspaper
4 circulated in the county where the project is to be located and
5 by mailing copies of the notice to the persons who have requested
6 the monthly list pursuant to subsection (1), to the person
7 requesting the hearing, and to the persons and governmental units
8 that are entitled to receive a copy of the application pursuant
9 to subsection (2).
10 (5) The
department shall grant or deny the permit within 60
11 days, or within 90
days if a public hearing is held, after the
12 filing of an
application pursuant to section 30104. If a permit
13 is denied, the
department shall provide to the applicant a
14 concise written
statement of its reasons for denial of the
15 permit, and, if it
appears that a minor modification of the
16 application would
result in the granting of the permit, the
17 nature of the
modification shall be stated. In an
emergency, the
18 department may issue a conditional permit before the expiration
19 of the 20-day period referred to in subsection (2).
20 (6) The department, by rule promulgated under section
21 30110(1), may establish minor project categories of activities
22 and projects that are similar in nature and have minimal adverse
23 environmental impact. The department may act upon an application
24 received pursuant to section 30104 for an activity or project
25 within a minor project category after an on-site inspection of
26 the land and water involved without providing notices or holding
27 a public hearing pursuant to subsection (2). A final inspection
1 or certification of a project completed under a permit granted
2 pursuant to this subsection is not required, but all other
3 provisions of this part are applicable to a minor project.
4 Sec. 30113. (1) The land and water management permit fee
5 fund is created within the state treasury.
6 (2) The state treasurer may receive money or other assets
7 from any source for deposit into the fund. The state treasurer
8 shall direct the investment of the fund. The state treasurer
9 shall credit to the fund interest and earnings from fund
10 investments. The state treasurer shall annually present to the
11 department an accounting of the amount of money in the fund.
12 (3) Money in the fund at the close of the fiscal year shall
13 remain in the fund and shall not lapse to the general fund.
14 (4) The department shall expend money from the fund, upon
15 appropriation, only to implement this part and the following:
16 (a) Sections 3104, 3107, and 3108.
17 (b) Part Before
October 1, 2004, section 12562 of the
18 public health code, 1978 PA 368, MCL 333.12562, or, on or after
19 October 1, 2004, part 33.
20 (c) Part 303.
21 (d) Part 315.
22 (e) Part 323.
23 (f) Part 325.
24 (g) Part 353.
25 (h) Section 117 of the land division act, 1967 PA 288,
26 MCL 560.117.
27 (5) The
department shall process permit applications for
1 those acts and parts
of acts cited in subsection (4) under which
2 permits are issued
within 60 days after receiving a completed
3 permit application
unless the act or part specifically provides
4 for permit application
processing time limits.
5 (5) (6) The
department shall annually report to the
6 legislature on both
of the following: (a) How how money in the
7 fund was expended during the previous fiscal year.
8 (b) For permit
programs funded with money in the fund, the
9 average length of time
for department action on permit
10 applications for each
class of permits reviewed.
11 Sec. 30304. Except
as otherwise provided by in this part
12 or by a permit obtained
from issued by the department under
13 sections 30306 to 30314 and pursuant to part 13, a person shall
14 not do any of the following:
15 (a) Deposit or permit the placing of fill material in a
16 wetland.
17 (b) Dredge, remove, or permit the removal of soil or minerals
18 from a wetland.
19 (c) Construct, operate, or maintain any use or development in
20 a wetland.
21 (d) Drain surface water from a wetland.
22 Sec. 30307. (1) Within 60 days after receipt of the
23 completed application and fee, the department may hold a
24 hearing. If a hearing is held, it shall be held in the county
25 where the wetland to which the permit is to apply is located.
26 Notice of the hearing shall be made in the same manner as for the
27 promulgation of rules under the administrative procedures act of
1 1969, 1969 PA 306, MCL 24.201 to 24.328. The department may
2 approve or disapprove a permit application without a public
3 hearing unless a person requests a hearing in writing within 20
4 days after the mailing of notification of the permit application
5 as required by subsection (3) or unless the department determines
6 that the permit application is of significant impact to warrant a
7 public hearing.
8 (2) If a hearing
is not held, the department shall approve
9 or disapprove the
permit application within 90 days after the
10 completed permit
application is filed with the department. If a
11 hearing is held, the
department shall approve or disapprove the
12 permit application
within 90 days after the conclusion of the
13 hearing. The
department may approve a permit application,
14 request modifications
in the application, or deny the permit
15 application. If the
department approves the permit application,
16 the department shall
prepare and send the permit to the
17 applicant. If the
department denies, or requests a modification
18 of, the permit
application, the department shall send notice of
19 the denial or
modification request and the reasons for the denial
20 or the modifications
requested to the applicant. Department
21 approval may include
the issuance of a permit containing
22 conditions necessary
for compliance with this part. If the
23 department does not
approve or disapprove the permit application
24 within the time
provided by this subsection, the permit
25 application shall be
considered approved, and the department
26 shall be considered to
have made the determinations required by
27 section 30311. The action taken by the department on a permit
1 application under this part and part 13 may be appealed pursuant
2 to the administrative procedures act of 1969, 1969 PA 306, MCL
3 24.201 to 24.328. A property owner may, after exhaustion of
4 administrative remedies, bring appropriate legal action in a
5 court of competent jurisdiction.
6 (3) A person who desires notification of pending permit
7 applications may make a written request to the department
8 accompanied by an annual fee of $25.00, which shall be credited
9 to the general fund of the state. The department shall prepare a
10 biweekly list of the applications made during the previous 2
11 weeks and shall promptly mail copies of the list for the
12 remainder of the calendar year to the persons who requested
13 notice. The biweekly list shall state the name and address of
14 each applicant, the location of the wetland in the proposed use
15 or development, including the size of both the proposed use or
16 development and of the wetland affected, and a summary statement
17 of the purpose of the use or development.
18 (4) A local unit of government may regulate wetland within
19 its boundaries, by ordinance, only as provided under this part.
20 This subsection is supplemental to the existing authority of a
21 local unit of government. An ordinance adopted by a local unit
22 of government pursuant to this subsection shall comply with all
23 of the following:
24 (a) The ordinance shall not provide a different definition of
25 wetland than is provided in this part, except that a wetland
26 ordinance may regulate wetland of less than 5 acres in size.
27 (b) If the ordinance regulates wetland that is smaller than 2
1 acres in size, the ordinance shall comply with section 30309.
2 (c) The ordinance shall comply with sections 30308 and
3 30310.
4 (d) The ordinance shall not require a permit for uses that
5 are authorized without a permit under section 30305, and shall
6 otherwise comply with this part.
7 (5) Each local unit of government that adopts an ordinance
8 regulating wetlands under subsection (4) shall notify the
9 department.
10 (6) A local unit of government that adopts an ordinance
11 regulating wetlands shall use an application form supplied by the
12 department, and each person applying for a permit shall make
13 application directly to the local unit of government. Upon
14 receipt, the local unit of government shall forward a copy of
15 each application along with any state fees that may have been
16 submitted under section 30306 to the department. The department
17 shall begin reviewing the application as provided in this part.
18 The local unit of government shall review the application
19 pursuant to its ordinance and shall modify, approve, or deny the
20 application within 90 days after receipt. If a municipality does
21 not approve or disapprove the permit application within the time
22 period provided by this subsection, the permit application shall
23 be considered approved, and the municipality shall be considered
24 to have made the determinations as listed in section 30311. The
25 denial of a permit shall be accompanied by a written statement of
26 all reasons for denial. The failure to supply complete
27 information with a permit application may be reason for denial of
1 a permit. The department shall inform any interested person
2 whether or not a local unit of government has an ordinance
3 regulating wetlands. If the department receives an application
4 with respect to a wetland
which is located in a local unit of
5 government which that
has an ordinance regulating wetlands, the
6 department immediately shall forward the application to the local
7 unit of government, which shall modify, deny, or approve the
8 application under this subsection. The local unit of government
9 shall notify the department of its decision. The department
10 shall proceed as provided in this part.
11 (7) If a local unit of government does not have an ordinance
12 regulating wetlands, the department shall promptly send a copy of
13 the permit application to the local unit of government where the
14 wetland is located. The local unit of government may review the
15 application; may hold a hearing on the application; and may
16 recommend approval, modification, or denial of the application to
17 the department. The recommendations of the local unit of
18 government shall be made and returned to the department within 45
19 days after the local unit of government's receipt of the permit
20 application. The
department shall approve, modify, or deny the
21 application as
provided in this part.
22 (8) In addition to the requirements of subsection (7), the
23 department shall notify the local unit of government that the
24 department has issued a permit under this part within the
25 jurisdiction of that local unit of government within 15 days of
26 issuance of the permit. The department shall enclose a copy of
27 the permit with the notice.
1 Sec. 31509. (1) Except as otherwise provided in this part
2 or as authorized by a permit issued by the department pursuant to
3 part 13, a person shall
not begin undertake any of the
4 following activities:
unless that person has a valid permit
5 issued by the
department under this part:
6 (a) Construction of a new dam.
7 (b) Enlargement of a dam or an impoundment.
8 (c) Repair of a dam.
9 (d) Alteration of a dam.
10 (e) Removal of a dam.
11 (f) Abandonment of a dam.
12 (g) Reconstruction of a failed dam.
13 (2) A person desiring
to perform any of the activities
14 listed in subsection
(1) shall apply to the department on a form
15 prescribed by the
department and shall provide An
application
16 for a permit shall include information that the department
17 determines is necessary for the administration of this part. If
18 a project includes activities at multiple locations, 1
19 application may be filed for the combined activities.
20 (3) An application for a permit for construction of a new
21 dam, reconstruction of a failed dam, or enlargement of a dam
22 shall be accompanied by the following fees:
23 (a) For a dam with a height of 6 feet or more but less than
24 10 feet, $500.00.
25 (b) For a dam with a height of 10 feet or more but less than
26 20 feet, $1,000.00.
27 (c) For a dam with a height of 20 feet or more, $3,000.00.
1 (4) An application for a permit for the repair, alteration,
2 removal, or abandonment of a dam shall be accompanied by a fee of
3 $200.00, and an application for a permit for a minor project
4 pursuant to section 31513(1) shall be accompanied by a fee of
5 $100.00.
6 (5) The department shall waive the fees under this section
7 for applications from state agencies, department sponsored
8 projects located on public lands, and organizations of the type
9 described in section 31508(2)(a) through (c).
10 (6) The department shall forward fees collected under this
11 section to the state treasurer for deposit in the land and water
12 management permit fee fund created in section 30113.
13 Sec. 31512. (1)
The department shall grant or deny a
14 permit within 60 days
after the submission of a complete
15 application, or within
120 days after the submission of a
16 complete application
if a public hearing is held. If a permit is
17 denied, the department
shall provide to the applicant a concise
18 written statement of
the reasons for the denial of the permit.
19 If it appears that a
minor modification of the application would
20 result in the granting
of the permit, the nature of the
21 modification shall be
included in the written statement.
22 (1) (2) When
immediate action is necessary to protect the
23 structural integrity of a dam, the department may issue a permit
24 before the expiration of the 20-day period referred to in section
25 31511(1). This subsection does not prohibit an owner from taking
26 action necessary to mitigate emergency conditions if imminent
27 danger of failure exists.
1 (2) (3) A
person applying for a permit to reconstruct a
2 failed dam shall file a complete application not less than 1 year
3 after the date of the failure. If such an application is filed
4 more than 1 year after the date of the failure, the department
5 shall consider the application to be an application to construct
6 a new dam.
7 Sec. 32312. (1) The department, in order to regulate the
8 uses and development of high-risk areas, flood risk areas, and
9 environmental areas and to implement the purposes of this part,
10 shall promulgate rules. If permits are required under rules
11 promulgated under this part, the permits shall be issued pursuant
12 to the rules and part 13. Except as provided under subsection
13 (2), until October 1, 2008, if permits are required pursuant to
14 rules promulgated under
this part, a fee of $500.00 shall be
15 submitted to the
department with each application for an
16 application for a permit shall be accompanied by a fee as
17 follows:
18 (a) For a commercial
or multi-family residential project, a
19 fee of $100.00 shall
be submitted with each application for
20 $500.00.
21 (b) For a
single-family home construction, and a fee of
22 $50.00 shall be
submitted with each application for $100.00.
23 (c) For an addition to an existing single-family home or for
24 a project that has a minor impact on fish and wildlife resources
25 in environmental areas as determined by the department, $50.00.
26 (2) A project that requires review and approval under this
27 part and under 1 or more of the following is subject to only the
1 single highest permit fee required under this part or the
2 following:
3 (a) Part 301.
4 (b) Part 303.
5 (c) Part 325.
6 (d) Section 3104.
7 (e) Section 117 of the land division act, 1967 PA 288, MCL
8 560.117.
9 (3) The department shall forward fees collected under this
10 section to the state treasurer for deposit in the land and water
11 management permit fee fund created in section 30113.
12 (4) A circuit court, upon petition and a showing by the
13 department that a violation of a rule promulgated under
14 subsection (1) exists, shall issue any necessary order to the
15 defendant to correct the violation or to restrain the defendant
16 from further violation of the rule.
17 Sec. 32503. (1) Except as otherwise provided in this
18 section, the department, after finding that the public trust in
19 the waters will not be impaired or substantially affected, may
20 enter into agreements pertaining to waters over and the filling
21 in of submerged patented lands, or to lease or deed unpatented
22 lands, after approval of the state administrative board.
23 Quitclaim deeds, leases, or agreements covering unpatented lands
24 may be issued or entered into by the department with any person,
25 and shall contain such terms, conditions, and requirements as the
26 department determines to be just and equitable and in conformance
27 with the public trust. The department shall reserve to the state
1 all mineral rights, including, but not limited to, coal, oil,
2 gas, sand, gravel, stone, and other materials or products located
3 or found in those lands, except where lands are occupied or to be
4 occupied for residential purposes at the time of conveyance.
5 (2) A riparian owner
shall obtain a permit from the
6 department before
dredging or placing not dredge or
place spoil
7 or other materials on bottomland except as authorized by a permit
8 issued by the department pursuant to part 13.
9 (3) The department shall not enter into a lease or deed that
10 allows drilling operations beneath unpatented lands for the
11 exploration or production of oil or gas.
12 (4) An agreement, lease, or deed entered into under this part
13 by the department with the United States shall be entered into
14 and executed pursuant to the property rights acquisition act,
15 1986 PA 201, MCL 3.251 to 3.262.
16 Sec. 32515. If the department finds that the project will
17 not injure the public trust or interest including fish and game
18 habitat, that the project conforms to the requirements of law for
19 sanitation, and that no material injury to the rights of any
20 riparian owners on any body of water affected will result, the
21 department shall issue a permit authorizing enlargement of the
22 waterway affected. The permit shall provide that the artificial
23 waterway shall be a public waterway, except intake or discharge
24 canals or channels on property owned, controlled, and used by a
25 public utility. The
department may impose further conditions in
26 the permit that it
finds reasonably necessary to protect the
27 public health, safety,
welfare, trust, and interest, and private
1 rights and property. The existing and future owners of land
2 fronting on the artificial waterway are liable for maintenance of
3 the waterway in accordance with the conditions of the permit.
4 Sec. 35304. (1)
Beginning on July 5, 1989 and until the
5 local unit of
government either adopts a zoning ordinance that is
6 approved by the
department or the department issues permits as
7 provided in subsection
(3) or (8), whichever occurs first, the
8 local unit of
government may require the submittal of
9 applications for
permits for uses in critical dune areas. The
10 local unit of
government shall evaluate applications for uses and
11 may issue permits for
uses in critical dune areas that are in
12 conformance with and
are at least as environmentally protective
13 as the model zoning
plan.
14 (2) A local unit
of government that elects to issue permits
15 during the interim
period described in subsection (1) shall
16 notify the department
of its decision and shall reflect this
17 decision by passage of
a resolution of its governing body or by
18 providing
documentation to the department that an existing
19 ordinance meets or
exceeds the requirements of the model zoning
20 plan. Following the
passage of the resolution, a local unit of
21 government may issue
permits during the interim period in accord
22 with the procedures
and criteria established in subsection (4).
23 (3) If by August 1, 1989
a local unit of government has not
24 passed a resolution
indicating its intent to issue permits during
25 the interim period or
submitted an existing ordinance that meets
26 the requirements of
this part, the department shall issue permits
27 in the same manner
provided for local units of government in
1 subsection (4) for
uses within that local unit of government
2 under the model zoning
plan until the local unit of government
3 submits a zoning
ordinance to the department and obtains approval
4 of the ordinance.
5 (1) (4) A
local unit of government that issues permits
6 during the interim
time period provided for in subsection (1),
7 or the department if it issues permits as provided under
8 subsection (3) or
(8), (5) shall issue the permits in
9 accordance with subject to all of the following requirements:
10 (a) A person proposing a use within a critical dune area
11 shall file an application with the local unit of government, or
12 with the department if the department is issuing permits under
13 the model zoning plan. The application form shall include
14 information that may be necessary to conform with the
15 requirements of this part. If a project proposes the use of more
16 than 1 critical dune area location within a local unit of
17 government, 1 application may be filed for the uses.
18 (b) Notice of an application filed under this section shall
19 be sent to a person who makes a written request to the local unit
20 of government for notification of pending applications
21 accompanied by an annual fee established by the local unit of
22 government. The local unit of government shall prepare a monthly
23 list of the applications made during the previous month and shall
24 promptly mail copies of the list for the remainder of the
25 calendar year to the persons who have requested notice. In
26 addition, if the department issues permits under this part within
27 a local unit of government, notice of an application shall be
1 given to the local soil
conservation district office, the
2 county clerk, the county health department, and the local unit of
3 government in which the property is located. The monthly list
4 shall state the name and address of each applicant, the location
5 of the applicant's project, and a summary statement of the
6 purpose of the use. The local unit of government may hold a
7 public hearing on pending applications.
8 (c) The notice shall state that unless a written request is
9 filed with the local unit of government within 20 days after the
10 notice is mailed, the local unit of government may grant the
11 application without a public hearing. Upon the written request
12 of 2 or more persons that own real property within the local unit
13 of government or an adjacent local unit of government, or that
14 reside within the local unit of government or an adjacent local
15 unit of government, the local unit of government shall hold a
16 public hearing pertaining to a permit application.
17 (d) At least 10 days' notice of a hearing to be held pursuant
18 to this section shall be given by publication in 1 or more
19 newspapers of general circulation in the county in which the
20 proposed use is to be located, and in other publications, if
21 appropriate, to give notice to persons likely to be affected by
22 the proposed use, and by mailing copies of the notice to the
23 persons who have requested notice pursuant to subsection (1) and
24 to the person requesting the hearing.
25 (e) After the filing of an application, the local unit of
26 government shall grant or deny the permit within 60 days, or
27 within 90 days if a public hearing is held. When a permit is
1 denied, the local unit of government shall provide to the
2 applicant a concise written statement of its reasons for denial
3 of the permit, and if it appears that a minor modification of the
4 application would result in the granting of the permit, the
5 nature of the modification shall be stated. In an emergency, the
6 local unit of government may issue a conditional permit before
7 the expiration of the 20-day period referred to in
8 subdivision (c).
9 (f) The local unit of government shall base a decision to
10 grant or deny a permit required by this section on the model
11 zoning plan or on any existing ordinance that is in effect in the
12 local unit of government that provides the same or a greater
13 level of protection for critical dune areas and that is approved
14 by the department.
15 (2) (5) A
local unit of government zoning ordinance
16 regulating critical dune areas may be more restrictive of
17 development and more protective of critical dune areas than the
18 model zoning plan.
19 (3) (6) As
soon as possible following adoption of a zoning
20 ordinance enacted pursuant to this part, the local unit of
21 government shall submit to the department a copy of the ordinance
22 that it determines meets the requirements of this part. If the
23 local unit of government has an existing ordinance that it
24 contends is at least as restrictive as the model zoning plan,
25 that ordinance may be submitted to the department at any time.
26 The department shall review zoning ordinances submitted under
27 this section to assure compliance with this part. If the
1 department finds that an ordinance is not in compliance with this
2 part, the department shall work with the local unit of government
3 to bring the ordinance into compliance and inform the local unit
4 of the failure to comply and in what ways the submitted ordinance
5 is deficient. Unless a local unit of government receives notice
6 within 90 days of submittal that the ordinance they submit to the
7 department under this subsection is not in compliance with this
8 part, the local unit of government shall be considered to be
9 approved by the department.
10 (4) (7) A
local unit of government may adopt, submit to the
11 department, and obtain approval of a zoning ordinance based on
12 the model zoning plan or an equivalent ordinance as provided in
13 this section by June 30, 1990. If a local unit does not have an
14 approved ordinance by June 30, 1990, the department shall
15 implement the model zoning plan for that local unit of government
16 in the same manner and under the same circumstances as provided
17 in subsection (4) (1).
Notwithstanding any other provision of
18 this part, a local unit of government may adopt a zoning
19 ordinance at any time, and upon the approval of the department,
20 that ordinance shall take the place of the model zoning plan
21 implemented by the department.
22 (5) (8) If
a local unit of government in which a proposed
23 use is to be located does not elect to issue permits or does not
24 receive approval of a zoning ordinance that regulates critical
25 dune areas, the department shall implement the model zoning plan
26 in the place of the local unit of government and issue special
27 exceptions in the same circumstances as provided in this part for
1 the issuance of variances by local units of government, and issue
2 permits pursuant to subsection (1) and part 13.
3 (9) The
department shall develop permit application forms to
4 implement this
section.
5 (6) (10) The
department shall assist local units of
6 government in developing ordinances that meet the requirements of
7 this part.
8 Sec. 36505. (1) Except as otherwise provided in this part,
9 a person shall not take, possess, transport, import, export,
10 process, sell, offer for sale, buy, or offer to buy, and a common
11 or contract carrier shall not transport or receive for shipment,
12 any species of fish, plants, or wildlife appearing on the
13 following lists:
14 (a) The list of fish, plants, and wildlife indigenous to the
15 state determined to be endangered or threatened within the state
16 pursuant to section 36503 or subsection (3).
17 (b) The United States list of endangered or threatened native
18 fish and wildlife.
19 (c) The United States list of endangered or threatened
20 plants.
21 (d) The United States list of endangered or threatened
22 foreign fish and wildlife.
23 (2) A species of fish, plant, or wildlife appearing on any of
24 the lists delineated in subsection (1) which enters the state
25 from another state or from a point outside the territorial limits
26 of the United States may enter, be transported, possessed, and
27 sold in accordance with the terms of a federal permit issued
1 pursuant to section 10 of the endangered species act of 1973,
2 Public Law 93-205, 16
U.S.C. 16 USC 1539, or an
applicable
3 permit issued under the laws of another state.
4 (3) The department may, by rule, treat any species as an
5 endangered species or threatened species even though it is not
6 listed pursuant to section 36503, if it finds any of the
7 following:
8 (a) The species so closely resembles in appearance, at the
9 point in question, a species which is listed pursuant to section
10 36503 that enforcement personnel would have substantial
11 difficulty in attempting to differentiate between the listed and
12 unlisted species.
13 (b) The effect of the substantial difficulty in
14 differentiating between a listed and an unlisted species is an
15 additional threat to an endangered or threatened species.
16 (c) The treatment of an unlisted species will substantially
17 facilitate the enforcement and further the intent of this part.
18 (4) The department may permit the taking, possession,
19 purchase, sale, transportation, exportation, or shipment of
20 species of fish, plants, or wildlife which appear on the state
21 list of endangered or threatened species compiled pursuant to
22 section 36503 and subsection (3) for scientific, zoological, or
23 educational purposes, for propagation in captivity of such fish,
24 plants, or wildlife to ensure their survival.
25 (5) Upon good cause shown and where necessary to alleviate
26 damage to property or to protect human health, endangered or
27 threatened species found on the state list compiled pursuant to
1 section 36503 and subsection (3) may be removed, captured, or
2 destroyed, but only pursuant
to as authorized by a permit
3 issued by the department pursuant to part 13. Carnivorous
4 animals found on the state list may be removed, captured, or
5 destroyed by any person in emergency situations involving an
6 immediate threat to human life, but the removal, capture, or
7 destruction shall be reported to the department within 24 hours
8 of the act.
9 (6) This section does not prohibit any of the following:
10 (a) The importation of a trophy under a permit issued
11 pursuant to section 10 of the endangered species act of 1973,
12 Public Law 93-205, 16
U.S.C. 16 USC 1539, which is
not for
13 resale and which was lawfully taken in a manner permitted by the
14 laws of the state, territory, or country where the trophy was
15 caught, taken, or killed.
16 (b) The taking of a threatened species when the department
17 has determined that the abundance of the species in the state
18 justifies a controlled harvest not in violation of federal law.
19 (c) Subject to any permits that may be required by the
20 department, the possession, transfer, transportation,
21 importation, or exportation or the transport or receipt for
22 shipment by a common or contract carrier of a raptor or the
23 captive-bred progeny of a raptor, a raptor egg, or raptor semen
24 acquired in accordance with applicable state and federal laws and
25 regulations which allow raptors, raptor eggs, or raptor semen to
26 be used in falconry or in the captive propagation of raptors for
27 use in falconry.
1 (d) Subject to any permits that may be required by the
2 department, the selling, offering for sale, buying, or offering
3 to buy a raptor that was captive-bred or semen from a raptor that
4 was captive-bred in accordance with applicable state and federal
5 laws and regulations which allow raptors or raptor semen to be
6 used in falconry or in captive propagation of raptors for use in
7 falconry.
8 Sec. 41702. The department may issue licenses authorizing
9 the establishment and operation of game bird hunting preserves
10 pursuant to part 13. The fee for a license is $105.00 for a
11 preserve of 320 acres or less and $180.00 for a preserve in
12 excess of 320 acres. Unless revoked as provided by law, licenses
13 issued under this section are valid from the date of issuance
14 until June 30 of the third license year. Game bird hunting
15 preserves licensed under this section may allow hunting on
16 Sundays, notwithstanding the provisions of a local ordinance or
17 regulation.
18 Sec. 41709. A
person applying An application for a
19 license under this part
shall submit an application to the
20 department on forms
furnished by the department, stating state
21 the name and address of the applicant, the legal description of
22 the premises to be licensed, the kind of birds to be covered by
23 the license, and other information required by the department.
24 The department shall
prepare and distribute suitable forms
25 necessary to implement
this part.
26 Sec. 42101. Upon application of any club or organization
27 having 10 or more members who are citizens of this state, or upon
1 the application of 10 or more citizens of this state, and the
2 payment of a registration fee of $5.00, the department, pursuant
3 to part 13, may issue a permit authorizing the establishment and
4 maintenance by the club, organization, or citizens on land owned
5 by them, or over which they have legal control, of a special dog
6 training area where dogs may be trained at any time during the
7 year. A dog training area shall not be less than 40 acres or
8 more than 240 acres, and permits shall not be issued for more
9 than 6 special dog training areas in any 1 county. In counties
10 having a population of 100,000 or more, the department may issue
11 additional permits as the department considers to be in the
12 public interest.
13 Sec. 42501. (1) A person shall not engage in the business
14 of buying, selling, dealing, or the tanning and dressing of raw
15 furs, hides, or pelts of beaver, otter, fisher, marten, muskrat,
16 mink, skunk, raccoon, opossum, wolf, lynx, bobcat, fox, weasel,
17 coyote, badger, deer, or bear and the plumage, skins, or hides of
18 protected game birds and
or game animals until that person
19 procures a license to
do so from the department. Fees payable to
20 the department for
such a license are except as
authorized by a
21 license issued by the department pursuant to part 13. A license
22 application shall be accompanied by a fee as follows:
23 (a) For any person who engages in the business of buying and
24 selling raw furs, hides,
and pelts of fur-bearing animals and
25 or the plumage, skins, or
hides of protected game birds and or
26 game animals, the fee is $10.00.
27 (b) Each person in the business of manufacturing furs who
1 buys raw pelts is a
dealer, and the fee for each such resident
2 citizen, individual or agent who buys furs , is,
for a
3 resident, $10.00 , and,
for each a nonresident, the fee is
4 $50.00.
5 (c) The fee for For
any person who engages in the business
6 of custom tanning or
dressing of raw furs, the fee is $5.00. ,
7 but However, such a license does not authorize
that person to
8 buy or sell raw furs.
9 (2) Any person holding a fur dealer's license under this part
10 is entitled to buy furs, hides, pelts, and the plumage, skins, or
11 hides, or and
parts thereof, of protected game birds and game
12 animals that are legally taken.
13 (3) A person holding a fur dealer's license under this part
14 is not eligible to secure or hold a license to trap beaver.
15 (4) The department may designate the plumage and skin of
16 those game birds and game animals that may not be bought or sold
17 if it determines that such a prohibition will best serve the
18 public interest. The plumage and skins, or parts of plumage and
19 skins, of migratory game and nongame birds may be bought and sold
20 only in accordance with federal law or rule.
21 (5) For the purposes of this part, "plumage" means any part
22 of the feathers, head, wings, or tail of any bird.
23 Sec. 42702. The department may, pursuant to part 13, issue
24 licenses to authorize the possession for propagation, and for
25 dealing in and selling game. A license shall not be granted to
26 an applicant who is not the owner or lessee of the premises to be
27 used for the purposes designated by the license. A license
1 issued pursuant to this part is nontransferable and is valid from
2 July 1 to June 30 of the third license year.
3 (2) Section 40111a of the natural resources and environmental
4 protection act, 1994 PA 451, MCL 324.40111a, is repealed
5 effective December 31, 2004.
6 Sec. 44513. (1) The department may enter into reciprocal
7 agreements with other states and countries concerning the
8 operation and inspection of charter boats from those states and
9 countries that operate on the waters of this state. Reciprocity
10 shall be granted only if a state or country can establish to the
11 satisfaction of the
department that their laws and standards
12 concerning charter boats
meet or exceed the laws and rules of
13 this state. A charter
boat that operates shall not operate on
14 the waters of this state under a reciprocal agreement pursuant to
15 this section shall
obtain except as authorized under an annual
16 operating permit from
the department for a fee of $100.00 for
17 each year the charter
boat does business on the waters of this
18 state issued by the department pursuant to part 13.
The fee for
19 an annual operating permit is $100.00. The department shall
20 utilize the fees for annual operating permits issued pursuant to
21 this section to provide funds for the education and enforcement
22 program provided for in subsection (2).
23 (2) The department shall develop an education and enforcement
24 program designed to eliminate the operation of charter and livery
25 boats that have not been inspected as required by this part and
26 to prepare printed materials to provide the public with
27 information regarding the safety features and requirements
1 necessary for the lawful operation of charter and livery boats.
2 Sec. 44517. (1) Any livery boat more than 20 feet in
3 length, except for a class E vessel that is a livery boat, that
4 is used or to be used on navigable waters without the owner being
5 either on board or operating the vessel shall pay the inspection
6 fees established pursuant to section 44511 for each livery boat
7 to be inspected. Fees collected pursuant to this section shall
8 be forwarded to the department. The department shall utilize the
9 fees to develop and maintain the education and enforcement
10 program provided for in section 44513(2).
11 (2) Upon receipt of the required fee and an application for
12 an inspection and a permit, the department shall inspect, or
13 provide for inspection of by the county sheriff or sheriff's
14 deputy, all livery boats and their equipment of the boat livery.
15 Upon completion of the inspection, the department, county
16 sheriff, or the sheriff's deputy shall, pursuant to part 13,
17 approve the issuance of a permit to operate a boat livery,
18 provided the requirements of this part are met. A permit
19 furnished by the department shall be prominently displayed on the
20 site of the boat livery and shall expire on December 31 of each
21 year in which a permit is issued.
22 Sec. 45503. The
department may, upon written application
23 pursuant to part 13, issue permits to take frogs at any season of
24 the year if used for scientific or experimental purposes. These
25 permits are revocable at the pleasure of the department.
26 Sec. 45902. (1) A person shall not propagate, rear, or have
27 in possession for the purpose of offering for sale or selling any
1 kind of game fish unless
he or she has applied for and been
2 issued a license as
provided in this part. All such licenses are
3 nontransferable and
expire except as authorized by a
license
4 issued by the department pursuant to part 13. A license is
5 nontransferable and expires on December 31 of the year for which
6 issued. A separate license is required for each place of
7 business where game fish are propagated, reared, or possessed for
8 the purpose of sale or offering for sale.
9 (2) This part does not apply to the following:
10 (a) The sale, offering for sale, or possession of dead,
11 fresh, or frozen brook trout, brown trout, or rainbow trout
12 lawfully taken in and exported from another state or country or
13 that have been procured from a licensed dealer within this
14 state.
15 (b) The propagation, rearing, possession, or sale of game
16 fish pursuant to a registration or permit issued pursuant to the
17 Michigan aquaculture development act, 1996 PA 199, MCL 286.871 to
18 286.884.
19 Sec. 45903. Any person owning or having control of private
20 waters in this state who desires a license under this part shall
21 make application for the
license to the department, on a form
22 provided by the department,
accompanied by a fee of $5.00. The
23 application shall state the name and address of the applicant and
24 include the description of the premises where game fish are to be
25 propagated, reared, possessed, or offered for sale, together with
26 additional information as may be required. Upon receipt of the
27 application and fee, the department, if satisfied that this part
1 and the rules promulgated under this part have been complied
2 with, shall issue a license to the applicant.
3 Sec. 45906. (1) A person shall not import into this state
4 any live game fish, including viable eggs of any game fish,
5 without a license as
provided for in this part except
as
6 authorized by a license as provided for in this part issued by
7 the department pursuant to part 13. A license under this
8 subsection does not apply to a genetically engineered variant of
9 a live game fish species unless the genetically engineered
10 variant is specifically identified in the license.
11 (2) The department may promulgate rules under this part to
12 prohibit or restrict the importation of any species of game fish
13 or other fish when if
the importation of that species would
14 endanger the public fishery resources of this state. A
15 prohibition or restriction in rules promulgated under this
16 subsection applies to a genetically engineered variant of a fish
17 species identified in the prohibition or restriction unless the
18 prohibition or restriction specifically provides otherwise. A
19 prohibition or restriction in rules promulgated under this
20 subsection may be limited to a genetically engineered fish.
21 Sec. 61525. (1) A person shall not drill or begin the
22 drilling of any well for oil or gas, for secondary recovery, or a
23 well for the disposal of salt water, or brine produced in
24 association with oil or gas operations or other oil field wastes,
25 or wells for the development of reservoirs for the storage of
26 liquid or gaseous
hydrocarbons, until the owner directly or
27 through his or her
authorized representatives applies to drill
1 and operate any such
well, except as authorized by a
permit to
2 drill and operate the well issued by the supervisor of wells
3 pursuant to part 13 and unless the person files with the
4 supervisor a bond as
provided in section 61506. , and receives
5 and posts The permittee shall post the permit in a
conspicuous
6 place at the location of
the well a permit as provided in the
7 rules and requirements or orders issued or promulgated by the
8 supervisor. A An
application for a permit shall be accompanied
9 by a fee of $300.00.
shall be charged for a permit to drill and
10 operate a well subject
to this part. Upon receiving and
11 accepting a complete
and accurate written application and payment
12 of the fee required,
the supervisor shall within 10 days after
13 that date issue to an
owner or his or her authorized
14 representative a
permit to drill and operate. A
permit to drill
15 and operate shall not be issued to an owner or his or her
16 authorized representative who does not comply with the rules and
17 requirements or orders issued or promulgated by the supervisor.
18 A permit shall not be issued to an owner or his or her authorized
19 representative who has not complied with or is in violation of
20 this part or any of the rules, requirements, or orders issued or
21 promulgated by the supervisor or the department.
22 (2) The supervisor shall forward all fees received under this
23 section to the state treasurer for deposit in the fund.
24 (3) The supervisor shall make available to any person, upon
25 request, not less often than weekly, the following information
26 pertaining to applications for permits to drill and operate:
27 (a) Name and address of the applicant.
1 (b) Location of proposed well.
2 (c) Well name and number.
3 (d) Proposed depth of the well.
4 (e) Proposed formation.
5 (f) Surface owner.
6 (g) Whether hydrogen sulfide gas is expected.
7 (4) The supervisor shall provide the information under
8 subsection (3) to the county in which an oil or gas well is
9 proposed to be located and to the city, village, or township in
10 which the oil or gas well is proposed to be located if that city,
11 village, or township has a population of 70,000 or more. A city,
12 village, township, or county in which an oil or gas well is
13 proposed to be located may provide written comments and
14 recommendations to the supervisor pertaining to applications for
15 permits to drill and operate. The supervisor shall consider all
16 such comments and recommendations in reviewing the application.
17 Sec. 62509. (1) A person shall not drill or begin the
18 drilling of any brine, storage, or waste disposal well, or
19 convert any well for
these uses, until the owner directly or
20 through his or her
authorized representative files a written
21 application for a
permit to drill or convert a well, pays the
22 application fee
provided in subsection (6), files and
except as
23 authorized by a permit issued by the supervisor of mineral wells
24 pursuant to part 13 and rules promulgated by the supervisor of
25 mineral wells, and unless the person files with the supervisor of
26 mineral wells an approved surety or security bond. The
27 application shall be accompanied by a survey of the well site. ,
1 files an approved
surety or security bond, and receives a permit
2 pursuant to the rules
of the supervisor of mineral wells. Within
3 10 days after receiving
the prescribed application and fee, and
4 following
investigation, inspection, and approval, the supervisor
5 of mineral wells shall
issue the well permit. The
department
6 shall conduct an investigation and inspection before the
7 supervisor of mineral wells issues a permit. A permit shall not
8 be issued to any owner or his or her authorized representative
9 who does not comply with the rules of the supervisor of mineral
10 wells or who is in violation of this part or any rule of the
11 supervisor of mineral wells. Upon completion of the drilling or
12 converting of a well for storage or waste disposal and after
13 necessary testing by the owner to determine that the well can be
14 used for these purposes and in a manner that will not cause
15 surface or underground waste, the supervisor of mineral wells,
16 upon receipt of appropriate evidence, shall approve and regulate
17 the use of the well for storage or waste disposal. These
18 operations shall be pursuant to part 31. The supervisor of
19 mineral wells may schedule a public hearing to consider the need
20 or advisability of permitting the drilling or operating of a
21 storage or waste disposal well, or converting a well for these
22 uses, if the public safety or other interests are involved.
23 (2) A person shall not drill a test well 50 feet or greater
24 in depth into the bedrock or below the deepest freshwater strata,
25 except as provided in
section 62508(c), until the owner directly
26 or through his or her
authorized representative files a written
27 application for a
permit to drill, pays the permit application
1 except as authorized by a permit issued by the supervisor of
2 mineral wells pursuant to part 13 and rules promulgated by the
3 supervisor of mineral wells, and unless the person files with the
4 supervisor of mineral wells an approved surety or security bond.
5 The application shall be accompanied by the fee provided in
6 subsection (6). ,
files an approved surety or security bond, and
7 receives a permit
pursuant to the rules of the supervisor of
8 mineral wells. Within
10 days after receiving the prescribed
9 application and fee,
and following necessary investigation,
10 inspection, and
approval, the supervisor of mineral wells shall
11 issue the permit. The department shall conduct an investigation
12 and inspection before the supervisor of mineral wells issues a
13 permit. A permit shall not be issued to any owner or his or her
14 authorized representative who does not comply with the rules of
15 the supervisor of mineral wells or who is in violation of this
16 part or any rule of the supervisor of mineral wells. A test well
17 that penetrates below the deepest freshwater stratum or is
18 greater than 250 feet in depth is subject to an individual test
19 well permit. A test well that does not penetrate below the
20 deepest freshwater stratum and is 250 feet or less in depth is
21 subject to a blanket test well permit. This subsection does not
22 apply to a test well regulated under part 111 or part 115, or a
23 water well regulated under part 127 of the public health code,
24 1978 PA 368, MCL 333.12701 to 333.12771.
25 (3) A permit is not required to drill a test well in those
26 areas of the state where rocks of Precambrian age directly
27 underlie unconsolidated surface deposits or in those areas that
1 have been designated pursuant to section 62508(c). However,
2 within 2 years after completion of the drilling of the well, the
3 owner shall advise the supervisor of mineral wells of the
4 location of the well and file with the supervisor of mineral
5 wells the log required under section 62508(d). The provisions of
6 this part pertaining to the prevention and correction of surface
7 and underground waste have the same application to these test
8 wells as to other wells defined in this part.
9 (4) Upon request, the supervisor of mineral wells may issue
10 to qualified persons a blanket permit to drill within a county
11 test wells which will not penetrate below the deepest freshwater
12 stratum and are 250 feet or less in depth.
13 (5) All information and records pertaining to the application
14 for and issuance of permits for wells subject to this part shall
15 be held confidential in the same manner as provided for logs and
16 reports on these wells.
17 (6) A permit application submitted under this section shall
18 be accompanied by the following permit application fee:
19 (a) Disposal well for disposal of waste
20 products other than processed brine............... $2,500.00.
21 (b) Disposal well for disposal of processed
22 brine............................................. $500.00.
23 (c) Storage well............................. $500.00.
24 (d) Natural brine production well............ $500.00.
25 (e) Artificial brine production well......... $500.00.
26 (f) Individual test well under subsection (2) $500.00.
27 (g) Blanket permit for test wells drilled pursuant to
1 subsection (4):
2 (i) 1 to 24 wells............................ $75.00.