SB-0552, As Passed Senate, December 15, 2015

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 552

     A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending sections 3101 and 3122 (MCL 324.3101 and 324.3122),

section 3101 as amended by 2006 PA 97 and section 3122 as amended

by 2015 PA 82.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 3101. As used in this part:

     (a) "Aquatic nuisance species" means a nonindigenous species

that threatens the diversity or abundance of native species or the

ecological stability of infested waters, or commercial,

agricultural, aquacultural, or recreational activities dependent on

such waters.

     (b) "Ballast water" means water and associated solids taken on

board a vessel to control or maintain trim, draft, stability, or

stresses on the vessel, without regard to the manner in which it is

carried.

     (c) "Ballast water treatment method" means a method of

treating ballast water and sediments to remove or destroy living

biological organisms through 1 or more of the following:

     (i) Filtration.

     (ii) The application of biocides or ultraviolet light.

     (iii) Thermal methods.

     (iv) Other treatment techniques approved by the department.

     (d) "Department" means the department of environmental

quality.

     (e) "Detroit consumer price index" means the most

comprehensive index of consumer prices available for the Detroit

area from the United States department of labor, bureau of labor

statistics.Department of Labor, Bureau of Labor Statistics.

     (f) "Emergency management coordinator" means that term as

defined in section 2 of the emergency management act, 1976 PA 390,

MCL 30.402.

     (g) "Great Lakes" means the Great Lakes and their connecting

waters, including Lake St. Clair.

     (h) "Group 1 facility" means a facility whose discharge is

described by R 323.2218 of the Michigan administrative code.

     (i) "Group 2 facility" means a facility whose discharge is

described by R 323.2210(y), R 323.2215, or R 323.2216 of the

Michigan administrative code. Group 2 facility does not include a

Group 2a facility.

     (j) "Group 2a facility" means a facility whose discharge is

described by R 323.2210(y) or R 323.2215 of the Michigan

administrative code and that meets 1 or more of the following:

     (i) The facility's discharge is from a coin-operated

laundromat.

     (ii) The facility's discharge is from a car wash or vehicle

wash open to the public.

     (iii) The facility's discharge is a subsurface sanitary

discharge of fewer than 10,000 gallons per day that does not meet

the terms for authorization under R 323.2211(a) of the Michigan

administrative code.

     (iv) The facility's discharge is a seasonal sanitary discharge

from a public park, public or private recreational vehicle park or

campground, or recreational or vacation camp.

(k) (j) "Group 3 facility" means a facility whose discharge is

described by R 323.2211 or R 323.2213 of the Michigan

administrative code.

(l) (k) "Local health department" means that term as defined

in section 1105 of the public health code, 1978 PA 368, MCL

333.1105.

(m) (l) "Local unit" means a county, city, village, or

township or an agency or instrumentality of any of these entities.

(n) (m) "Municipality" means this state, a county, city,

village, or township, or an agency or instrumentality of any of

these entities.

(o) (n) "National response center" means the national

communications center National Communications Center established

under the clean water act, 33 USC 1251 to 1387, located in

Washington, DC, that receives and relays notice of oil discharge or

releases of hazardous substances to appropriate federal officials.

(p) (o) "Nonoceangoing vessel" means a vessel that is not an

oceangoing vessel.

(q) (p) "Oceangoing vessel" means a vessel that operates on

the Great Lakes or the St. Lawrence waterway after operating in

waters outside of the Great Lakes or the St. Lawrence waterway.

(r) (q) "Open water disposal of contaminated dredge materials"

means the placement of dredge materials contaminated with toxic

substances as defined in R 323.1205 of the Michigan administrative

code into the open waters of the waters of the state but does not

include the siting or use of a confined disposal facility

designated by the United States army corps of engineers Army Corps

of Engineers or beach nourishment activities utilizing

uncontaminated materials.

(s) (r) "Primary public safety answering point" means that

term as defined in section 102 of the emergency telephone service

enabling act, 1986 PA 32, MCL 484.1102.

(t) (s) "Sediments" means any matter settled out of ballast

water within a vessel.

(u) (t) "Sewage sludge" means sewage sludge generated in the

treatment of domestic sewage, other than only septage or industrial

waste.

(v) (u) "Sewage sludge derivative" means a product for land

application derived from sewage sludge that does not include solid

waste or other waste regulated under this act.

(w) (v) "Sewage sludge generator" means a person who generates

sewage sludge that is applied to land.

(x) (w) "Sewage sludge distributor" means a person who

applies, markets, or distributes, except at retail, a sewage sludge

derivative.

(y) (x) "St. Lawrence waterway" means the St. Lawrence river,

River, the St. Lawrence seaway, Seaway, and the gulf Gulf of St.

Lawrence.

(z) (y) "Threshold reporting quantity" means that term as

defined in R 324.2002 of the Michigan administrative code.

(aa) (z) "Waters of the state" means groundwaters, lakes,

rivers, and streams and all other watercourses and waters,

including the Great Lakes, within the jurisdiction of this state.

     Sec. 3122. (1) Until December 31, 2015, September 30, 2019,

the department may levy and collect an annual groundwater discharge

permit fee from facilities or municipalities that discharge

wastewater to the ground or groundwater of this state pursuant to

section 3112. The fee shall be as follows:

     (a) For a group 1 facility, $3,650.00.

     (b) For a group 2 facility or a municipality of 1,000 or fewer

residents, $1,500.00.

     (c) For a group 2a facility, $250.00.

(d) (c) For a group 3 facility, $200.00.

     (2) Within 180 days after receipt of a complete application

for a permit to discharge wasterwater wastewater to the ground or

to groundwater, the department shall either grant or deny a permit,

unless the applicant and the department agree to extend this time

period. If the department fails to make a decision on an

application within the time period specified or agreed to under

this subsection, an applicant subject to an annual groundwater

discharge permit fee shall receive a 15% annual discount on the

annual groundwater discharge permit fee.

     (3) If the person required to pay the annual groundwater

discharge permit fee under subsection (1) is a municipality, the

municipality may pass on the annual groundwater discharge permit

fee to each user of the municipal facility.

     (4) As used in this section, "group 1 facility", "group 2

facility", "group 2a facility", and "group 3 facility" do not

include a municipality with a population of 1,000 or fewer

residents.