reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-1 - Chapter 1 Point Source Pollution Control (324.3101...324.6539) › 451-1994-II-1-31 - Part 31 Water Resources Protection (324.3101...324.3134) › Section 324.3113 - New or Increased Use of Waters for Sewage or Other Waste Disposal Purposes; Filing Information; Permit; Conditions; Complaint; Petition; Contested Case Hearing; Rejection of Petition.

324.3113 New or increased use of waters for sewage or other waste disposal purposes; filing information; permit; conditions; complaint; petition; contested case hearing; rejection of petition.
Sec. 3113.
(1) A person who seeks a new or increased use of the waters of the state for sewage or other waste disposal purposes shall file with the department an application setting forth the information required by the department, including the nature of the enterprise or development contemplated, the amount of water required to be used, its source, the proposed point of discharge of the wastes into the waters of the state, the estimated amount to be discharged, and a statement setting forth the expected bacterial, physical, chemical, and other known characteristics of the wastes.
(2) If a permit is granted, the department shall condition the permit upon such restrictions that the department considers necessary to adequately guard against unlawful uses of the waters of the state as are set forth in section 3109.
(3) If the permit or denial of a new or increased use is not acceptable to the permittee, the applicant, or any other person, the permittee, the applicant, or other person may file a sworn petition with the department setting forth the grounds and reasons for the complaint and asking for a contested case hearing on the matter pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. A petition filed more than 60 days after action on the permit application may be rejected by the department as being untimely.
History:
1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 2004, Act 91, Imd. Eff. Apr. 22, 2004
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-1 - Chapter 1 Point Source Pollution Control (324.3101...324.6539) › 451-1994-II-1-31 - Part 31 Water Resources Protection (324.3101...324.3134) › Section 324.3114 - Enforcement of Part; Criminal Complaint.

324.3114 Enforcement of part; criminal complaint.
Sec. 3114.
An employee of the department of natural resources or an employee of another governmental agency appointed by the department may, with the concurrence of the department, enforce this part and may make a criminal complaint against a person who violates this part.
History:
1994, Act 451, Eff. Mar. 30, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-1 - Chapter 1 Point Source Pollution Control (324.3101...324.6539) › 451-1994-II-1-31 - Part 31 Water Resources Protection (324.3101...324.3134) › Section 324.3115a - Violation as Misdemeanor; Penalty; “Minor Offense” Defined.

324.3115a Violation as misdemeanor; penalty; “minor offense” defined.
Sec. 3115a.
(1) Except as provided in subsections (2) and (3), a person who alters or causes the alteration of a floodplain in violation of this part is guilty of a misdemeanor punishable by a fine of not more than $2,500.00 for each occurrence.
(2) A person who commits a minor offense is guilty of a misdemeanor punishable by a fine of not more than $500.00 for each violation. A law enforcement officer may issue and serve an appearance ticket upon a person for a minor offense pursuant to sections 9a to 9g of chapter IV of the code of criminal procedure, Act No. 175 of the Public Acts of 1927, being sections 764.9a to 764.9g of the Michigan Compiled Laws.
(3) A person who willfully or recklessly violates a condition of a floodplain permit issued under this part is guilty of a misdemeanor punishable by a fine of not more than $2,500.00 per day.
(4) As used in this section, "minor offense" means either of the following violations of this part if the department determines that restoration of the affected floodplain is not required:
(a) The failure to obtain a permit under this part.
(b) A violation of a permit issued under this part.
History:
1994, Act 451, Eff. Mar. 30, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-1 - Chapter 1 Point Source Pollution Control (324.3101...324.6539) › 451-1994-II-1-31 - Part 31 Water Resources Protection (324.3101...324.3134) › Section 324.3116 - Construction of Part; Exemptions.

324.3116 Construction of part; exemptions.
Sec. 3116.
(1) This part does not repeal any law governing the pollution of lakes and streams, but shall be held and construed as ancillary to and supplementing the other laws and in addition to the laws now in force, except as a law may be in direct conflict with this part. This part does not apply to ferrous and nonferrous mining operations subject to parts 631 and 632 with respect to mining areas, as defined in sections 63101 and 63201, with regard to the placement, removal, use, or processing of mineral tailings or mineral deposits being placed in inland waters on bottomlands owned by or under the control of the ferrous or nonferrous mineral operator unless there is to be a discharge of waste or waste effluent from the inland waters into waters of the state. This part does not apply to the discharge of water from underground ferrous and nonferrous mining operations unless there is to be a discharge of waste or waste effluent into the waters of the state.
(2) The exemption provided in subsection (1) does not apply to inland waters owned by or under control of a ferrous or nonferrous mineral operator if there is an inland lake or stream as defined in section 30101 that flows both into those inland waters and out from those inland waters directly into the waters of the state.
History:
1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 2018, Act 164, Eff. Aug. 21, 2018
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-1 - Chapter 1 Point Source Pollution Control (324.3101...324.6539) › 451-1994-II-1-31 - Part 31 Water Resources Protection (324.3101...324.3134) › Section 324.3117 - Supplemental Construction.

324.3117 Supplemental construction.
Sec. 3117.
This part is supplemental to and in addition to the drain code of 1956, Act No. 40 of the Public Acts of 1956, being sections 280.1 to 280.630 of the Michigan Compiled Laws. This part does not amend or repeal any law of the state relating to the public service commission, the department, and the department of public health relating to waters and water structures, or any act or parts of acts not inconsistent with this part.
History:
1994, Act 451, Eff. Mar. 30, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-1 - Chapter 1 Point Source Pollution Control (324.3101...324.6539) › 451-1994-II-1-31 - Part 31 Water Resources Protection (324.3101...324.3134) › Section 324.3122 - Annual Groundwater Discharge Permit Fee; Failure of Department to Grant or Deny Within Certain Time Period; Payment of Fee by Municipality; Definitions.

324.3122 Annual groundwater discharge permit fee; failure of department to grant or deny within certain time period; payment of fee by municipality; definitions.
Sec. 3122.
(1) Until October 1, 2027, 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 under section 3112. The fee is as follows:
(a) For a group 1 facility, $7,500.00.
(b) For a group 2 facility or a municipality of 1,000 or fewer residents, $1,800.00.
(c) For a group 2a facility, $300.00.
(d) For a group 3 facility, $240.00.
(2) Within 180 days after receipt of a complete application for a permit to discharge wastewater to the ground or to groundwater, the department shall 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.
History:
Add. 2004, Act 90, Imd. Eff. Apr. 22, 2004 ;-- Am. 2007, Act 75, Imd. Eff. Sept. 30, 2007 ;-- Am. 2011, Act 90, Imd. Eff. July 15, 2011 ;-- Am. 2015, Act 82, Eff. Oct. 1, 2015 ;-- Am. 2015, Act 247, Imd. Eff. Dec. 22, 2015 ;-- Am. 2019, Act 79, Imd. Eff. Sept. 30, 2019 ;-- Am. 2023, Act 140, Imd. Eff. Sept. 29, 2023
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-1 - Chapter 1 Point Source Pollution Control (324.3101...324.6539) › 451-1994-II-1-31 - Part 31 Water Resources Protection (324.3101...324.3134) › Section 324.3122a - Annual Groundwater Discharge Permit Fees; Credit; Amount.

324.3122a Annual groundwater discharge permit fees; credit; amount.
Sec. 3122a.
In any state fiscal year, if the department collects more than $2,000,000.00 under section 3122 in annual groundwater discharge permit fees, the department shall credit in the next fiscal year each permittee who paid a groundwater discharge permit fee a proportional amount of the fees collected in excess of $2,000,000.00. However, if a permit is no longer required by the permittee in the next fiscal year, the department shall do the following:
(a) If the credited amount is $50.00 or more, the department shall provide a refund to the permittee for the credited amount.
(b) If the credited amount is less than $50.00, the department shall provide a credit to the permittee for an annual groundwater discharge permit fee that may be required in a subsequent year.
History:
Add. 2004, Act 114, Imd. Eff. May 21, 2004
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-1 - Chapter 1 Point Source Pollution Control (324.3101...324.6539) › 451-1994-II-1-31 - Part 31 Water Resources Protection (324.3101...324.3134) › Section 324.3123 - Groundwater Discharge Permit Fees; Invoices; Late Payment; Action by Attorney General.

324.3123 Groundwater discharge permit fees; invoices; late payment; action by attorney general.
Sec. 3123.
(1) The department shall send invoices for the groundwater discharge permit fees under section 3122 to all permit holders by January 15 of each year. Fees will be charged for all facilities authorized as of December 15 of each calendar year. Payment shall be postmarked no later than March 1 of each year. Failure by the department to send an invoice by the deadline, or failure of a person to receive an invoice, does not relieve that person of his or her obligation to pay the annual groundwater discharge permit fee. If the department does not meet the January 15 deadline for sending invoices, the annual groundwater discharge permit fee is due not later than 45 days after receiving an invoice. The department shall forward money collected pursuant to this section to the state treasurer for deposit into the groundwater discharge permit fund established under section 3124.
(2) The department shall assess a penalty on all fee payments submitted under this section after the due date. The penalty shall be an amount equal to 0.75% of the payment due for each month or portion of a month the payment remains past due. Failure to timely pay a fee imposed by this section is a violation of this part and is cause for revocation of a permit issued under this part and may subject the discharger to additional penalties pursuant to section 3115.
(3) The attorney general may bring an action for the collection of the groundwater discharge permit fees imposed under this section.
History:
Add. 2004, Act 90, Imd. Eff. Apr. 22, 2004
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-1 - Chapter 1 Point Source Pollution Control (324.3101...324.6539) › 451-1994-II-1-31 - Part 31 Water Resources Protection (324.3101...324.3134) › Section 324.3134 - Operator Training and Certification Fund.

324.3134 Operator training and certification fund.
Sec. 3134.
(1) The operator training and certification fund is created within the state treasury.
(2) The state treasurer may receive money or other assets from any source for deposit into the fund. The state treasurer shall direct the investment of the fund. The state treasurer shall credit to the fund interest and earnings from fund investments.
(3) Money in the fund at the close of the fiscal year shall remain in the fund and shall not lapse to the general fund.
(4) The department shall be the administrator of the fund for auditing purposes.
(5) The department shall expend money from the fund, upon appropriation, only to administer this part, part 41, and the safe drinking water act, 1976 PA 399, MCL 325.1001 to 325.1023, including all of the following:
(a) Licensing, examination, compliance assistance, education, training, and other certification activities directly related to this part, part 41, and the safe drinking water act, 1976 PA 399, MCL 325.1001 to 325.1023.
(b) Maintenance of program data.
(c) Development of program-related databases and software.
(d) Program administration activities.
(6) By January 1 of each year until January 1, 2017, the department shall prepare and submit to the governor, the chairs of the standing committees of the senate and house of representatives with primary responsibility for issues related to natural resources and the environment, and the chairs of the subcommittees of the senate and house appropriations committees with primary responsibility for appropriations to the department a report that details the department's administration of the operator training and certification program under section 3110, section 4104, and section 9 of the safe drinking water act, 1976 PA 399, MCL 325.1009, in the previous fiscal year. This report shall include, at a minimum, all of the following as itemized for each operator training and certification program:
(a) The type and number of training programs offered by the department, including the total number of participants in each type of training program.
(b) The type and number of certification exams given.
(c) The type and number of certifications awarded.
(d) The amount of revenue in the fund at the end of the fiscal year.
History:
Add. 2011, Act 148, Imd. Eff. Sept. 21, 2011
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-1 - Chapter 1 Point Source Pollution Control (324.3101...324.6539) › 451-1994-II-1-33 - Part 33 Aquatic Nuisance Control (324.3301...324.3315) › Section 324.3301 - Definitions; a to D.

324.3301 Definitions; A to D.
Sec. 3301.
As used in this part:
(a) "Aquatic invasive species" means an aquatic species that is nonnative to the ecosystem under consideration and whose introduction causes or is likely to cause economic or environmental harm or harm to human health.
(b) "Aquatic nuisance" means an organism that lives or propagates, or both, within the aquatic environment and that impairs the use or enjoyment of the waters of the state, including the intermediate aquatic hosts for schistosomes that cause swimmer's itch.
(c) "Certificate of coverage" means written authorization from the department to implement a project under a general permit.
(d) "Department" means the department of environmental quality.
(e) "Director" means the director of the department.
History:
Add. 2004, Act 246, Eff. Oct. 1, 2004 ;-- Am. 2014, Act 253, Imd. Eff. June 30, 2014
Compiler's Notes:
Former PART 33 was entitled "CONTAMINATION OF WATERS." Former MCL 324.3301, which pertained to disposal of refuse from fish catch, was repealed by Act 27 of 1996, Imd. Eff. Feb. 26, 1996.
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-1 - Chapter 1 Point Source Pollution Control (324.3101...324.6539) › 451-1994-II-1-33 - Part 33 Aquatic Nuisance Control (324.3301...324.3315) › Section 324.3302 - Definitions; G to W.

324.3302 Definitions; G to W.
Sec. 3302.
As used in this part:
(a) "General permit" means a permit for a category of activities that the department determines will not negatively impact human health and will have no more than minimal short-term adverse impacts on the natural resources and environment.
(b) "Lake management plan" means a document that contains all of the following:
(i) A description of the physical, chemical, and biological attributes of a waterbody.
(ii) A description of the land uses surrounding a waterbody.
(iii) A detailed description of the historical and planned future management of the waterbody.
(c) "Violation of this part" means a violation of a provision of this part or a permit, certificate of coverage, or order issued under or rule promulgated under this part.
(d) "Waters of the state" or "waterbody" means groundwaters, lakes, ponds, rivers, streams, and wetlands and all other watercourses and waters within the jurisdiction of this state including the Great Lakes bordering this state.
History:
Add. 2004, Act 246, Eff. Oct. 1, 2004
Compiler's Notes:
Former MCL 333.3302, which pertained to nonresident license to use pound or trap net, fee, and violation, was repealed by Act 27 of 1996, Imd. Eff. Feb. 26, 1996.
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-1 - Chapter 1 Point Source Pollution Control (324.3101...324.6539) › 451-1994-II-1-33 - Part 33 Aquatic Nuisance Control (324.3301...324.3315) › Section 324.3304 - Lake Management Plan as Part of Permit Application; Proposal for Whole Lake Evaluation Treatment; Placement of Specific Conditions in Permit; Scientific Rationale for Permit Denial.

324.3304 Lake management plan as part of permit application; proposal for whole lake evaluation treatment; placement of specific conditions in permit; scientific rationale for permit denial.
Sec. 3304.
(1) An applicant shall provide a lake management plan as part of an application for permit, if a whole lake treatment is proposed.
(2) An applicant for a permit for a whole lake evaluation treatment may provide scientific evidence and documentation that the use of a specific pesticide, application rate, or means of application will selectively control an aquatic nuisance but not cause unacceptable impacts on native aquatic vegetation, other aquatic or terrestrial life, or human health. Such evaluation treatments include the use of fluridone at rates in excess of 6 parts per billion. The department may place special conditions in a permit issued under this subsection to require additional ambient monitoring to document possible adverse impacts on native aquatic vegetation or other aquatic life. If the department denies the application, the department shall provide to the applicant the scientific rationale for the denial, in writing.
History:
Add. 2004, Act 246, Eff. Oct. 1, 2004
Compiler's Notes:
Former MCL 324.3304, which pertained to violation of part as misdemeanor and penalty, was repealed by Act 27 of 1996, Imd. Eff. Feb. 26, 1996.
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-1 - Chapter 1 Point Source Pollution Control (324.3101...324.6539) › 451-1994-II-1-33 - Part 33 Aquatic Nuisance Control (324.3301...324.3315) › Section 324.3305 - Registration of Chemical Used for Aquatic Nuisance Control; Evaluations; Order to Prohibit or Suspend Chemical Use.

324.3305 Registration of chemical used for aquatic nuisance control; evaluations; order to prohibit or suspend chemical use.
Sec. 3305.
(1) A chemical shall not be used in waters of the state for aquatic nuisance control unless it is registered with the EPA, pursuant to section 3 of the federal insecticide, fungicide, and rodenticide act, 7 USC 136a, and the department of agriculture and rural development, pursuant to part 83, for the aquatic nuisance control activity for which it is used. The department shall not deny a permit or certificate of coverage because of the specific chemical proposed to be used, if the chemical is so registered, unless the department has worked with the applicant to identify an appropriate alternative chemical that satisfies the department's concern and no such chemical is available.
(2) The department may conduct evaluations of the impacts and effectiveness of any chemicals that are proposed for use for aquatic nuisance control in waters of the state. This may include the issuance of permits for field assessments of the chemicals.
(3) The director, in consultation with the director of the department of agriculture and rural development, may issue an order to prohibit or suspend the use of a chemical for aquatic nuisance control if, based on substantial scientific evidence, use of the chemical causes unacceptable negative impacts to human health or the environment. The department shall not issue permits authorizing the use of such chemicals. In addition, a person shall cease the use of such chemicals upon notification by the department.
History:
Add. 2004, Act 246, Eff. Oct. 1, 2004 ;-- Am. 2014, Act 253, Imd. Eff. June 30, 2014
Compiler's Notes:
Former MCL 324.3305, which pertained to civil liability for unlawful acts against property lawfully set and used to take fish, was repealed by Act 27 of 1996, Imd. Eff. Feb. 26, 1996.
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-1 - Chapter 1 Point Source Pollution Control (324.3101...324.6539) › 451-1994-II-1-33 - Part 33 Aquatic Nuisance Control (324.3301...324.3315) › Section 324.3308 - Written Permission From Bottomland Owner.

324.3308 Written permission from bottomland owner.
Sec. 3308.
An applicant shall obtain authorization to chemically treat the proposed area of impact by obtaining written permission from each person who owns bottomlands in the area of impact. The applicant shall maintain the written permission for 1 year from the expiration date of the permit and shall make the records available to the department upon request. Written permission from each bottomland owner is not required if the applicant is providing, or has contracted to provide, chemical treatment for either of the following:
(a) A lake board established under part 309 for the waterbody for which chemical treatment is proposed.
(b) This state or a local unit of government acting under authority of state law to conduct lake improvement projects or to control aquatic vegetation.
History:
Add. 2004, Act 246, Eff. Oct. 1, 2004
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-1 - Chapter 1 Point Source Pollution Control (324.3101...324.6539) › 451-1994-II-1-33 - Part 33 Aquatic Nuisance Control (324.3301...324.3315) › Section 324.3309 - Permit; Term; Information to Be Included; Authorization of Chemical Treatment; Annual Fees; Additional Conditions.

324.3309 Permit; term; information to be included; authorization of chemical treatment; annual fees; additional conditions.
Sec. 3309.
(1) The term of a certificate of coverage shall not be less than 3 years unless the applicant requests a shorter term.
(2) A permit under this part shall, at a minimum, include all of the following information:
(a) The active ingredient or the trade name of each chemical to be applied.
(b) The application rate of each chemical.
(c) The maximum amount of each chemical to be applied per treatment.
(d) Minimum length of time between treatments for each chemical.
(e) A map or maps that clearly delineate the approved area of impact.
(f) The term of the permit. The term shall not be less than 3 years unless the applicant requests a shorter term.
(3) A permit under this part shall authorize chemical treatment in each year covered by the permit. This subsection does not apply to a chemical if the chemical's annual use is restricted in rules that were in effect on the effective date of the amendatory act that added this subsection.
(4) By April 1 of the second and each subsequent year of a permit, the permittee shall pay the department an annual fee. The annual fee shall equal the permit application fee paid for that specific permit under section 3306 including, for annual fees due after the initial treatment of an expanded area of impact under section 3311(3), the additional fee under section 3311(3)(e). If an annual fee is not received by the department by April 1, the permit is suspended until the annual fee is paid. When the application fee for a permit is paid, an applicant may choose to also pay in advance all the annual fees that will become due under this subsection if the permit is granted for the term requested by the applicant. If the application is denied or is granted for a shorter period than the applicant requested, the department shall refund the overpayment of annual fees.
(5) The department may impose additional conditions on a permit under this part to protect the natural resources or the public health, to prevent economic loss or impairment of recreational uses, to protect nontarget organisms, or to help ensure control of the aquatic nuisance.
History:
Add. 2004, Act 246, Eff. Oct. 1, 2004 ;-- Am. 2014, Act 253, Imd. Eff. June 30, 2014
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-1 - Chapter 1 Point Source Pollution Control (324.3101...324.6539) › 451-1994-II-1-33 - Part 33 Aquatic Nuisance Control (324.3301...324.3315) › Section 324.3312 - Rules.

324.3312 Rules.
Sec. 3312.
The department may promulgate rules to implement this part.
History:
Add. 2004, Act 246, Eff. Oct. 1, 2004
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-1 - Chapter 1 Point Source Pollution Control (324.3101...324.6539) › 451-1994-II-1-33 - Part 33 Aquatic Nuisance Control (324.3301...324.3315) › Section 324.3315 - Registry of Waterbodies Infested by Aquatic Invasive Species; Maintenance of Website.

324.3315 Registry of waterbodies infested by aquatic invasive species; maintenance of website.
Sec. 3315.
The department shall post, by January 1, 2016, and maintain on its website a registry of waterbodies infested by aquatic invasive species and the particular aquatic invasive species infesting each waterbody. The registry shall be based on information from all of the following:
(a) Permits and certificates of coverage issued under this part.
(b) Reports received by the department from any of the following:
(i) Certified applicators or registered applicators under part 83.
(ii) Representatives of public or private institutions of higher education.
(iii) Representatives of any other state, local, or federal agency with responsibility for the environment or natural resources.
History:
Add. 2014, Act 253, Imd. Eff. June 30, 2014
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-1 - Chapter 1 Point Source Pollution Control (324.3101...324.6539) › 451-1994-II-1-35 - Part 35 Use of Water in Mining Low-Grade Iron Ore (324.3501...324.3508) › Section 324.3501 - Definitions.

324.3501 Definitions.
Sec. 3501.
As used in this part:
(a) "Low-grade iron ore" means iron-bearing rock in the Upper Peninsula of this state that is not merchantable as ore in its natural state and from which merchantable ore can be produced only by beneficiation or treatment.
(b) "Low-grade iron ore mining property" includes the ore beneficiation or treatment plant and other necessary buildings, facilities, and lands located in the Upper Peninsula of this state.
History:
Add. 1995, Act 60, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-1 - Chapter 1 Point Source Pollution Control (324.3101...324.6539) › 451-1994-II-1-35 - Part 35 Use of Water in Mining Low-Grade Iron Ore (324.3501...324.3508) › Section 324.3502 - Iron Ore Mining in Upper Peninsula; Issuance of Water Permits.

324.3502 Iron ore mining in Upper Peninsula; issuance of water permits.
Sec. 3502.
Substantial deposits of low-grade iron ore are located in the Upper Peninsula of this state. The development and continuation of the industry of mining and beneficiating low-grade ores will provide employment and generally improve economic conditions in that area and will be in the public interest and for the public welfare of this state. As the mining and beneficiating of the low-grade iron ore requires considerable quantities of water, it is necessary that persons engaged in or about to engage in the mining and beneficiation of low-grade iron ores be assured of an adequate and continuing supply of water for the operations to protect the large capital expenditures required for mills, plants, and other improvements. Therefore, the use of water in connection with the mining and beneficiation of low-grade iron ores is in the public interest, for the public welfare, and for a public purpose, and permits for the use of water or waters may be issued by the department in connection with the mining and beneficiation of low-grade iron ores as provided in this part.
History:
Add. 1995, Act 60, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-1 - Chapter 1 Point Source Pollution Control (324.3101...324.6539) › 451-1994-II-1-35 - Part 35 Use of Water in Mining Low-Grade Iron Ore (324.3501...324.3508) › Section 324.3503 - Operation of Low-Grade Iron Ore Mining Property; Draining, Diverting, Controlling, or Using Water; Permit Required; Application; Contents; Hearing; Notice; Publication; Findings.

324.3503 Operation of low-grade iron ore mining property; draining, diverting, controlling, or using water; permit required; application; contents; hearing; notice; publication; findings.
Sec. 3503.
A person shall not drain, divert, control, or use water for the operation of a low-grade iron ore mining property except as authorized by a permit issued by the department pursuant to part 13. An application for a permit shall include information and data as may be prescribed by the department in its rules and regulations. Not later than 60 days following receipt of an application, the department shall fix the time and place for a public hearing on the application and shall publish notice of the hearing. The notice shall be published twice in each county involved in at least 1 newspaper of general circulation in the county. At the hearing, the applicant and any other interested party may appear, present witnesses, and submit evidence. Following the hearing, the department may grant the permit and publish notice of the granting of the permit, in the manner provided for publication of notice of hearing, upon finding the following conditions:
(a) That the proposed drainage, diversion, control, or use of waters is necessary for the mining of substantial deposits of low-grade iron ore, and that other feasible and economical methods of obtaining a continuing supply of water for that purpose are not available to the applicant.
(b) That the proposed drainage, diversion, control, or use of waters will not unreasonably impair the interests of the public or of riparians in lands or waters or the beneficial public use of lands, and will not endanger the public health or safety.
History:
Add. 1995, Act 60, Imd. Eff. May 24, 1995 ;-- Am. 2004, Act 325, Imd. Eff. Sept. 10, 2004
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-1 - Chapter 1 Point Source Pollution Control (324.3101...324.6539) › 451-1994-II-1-35 - Part 35 Use of Water in Mining Low-Grade Iron Ore (324.3501...324.3508) › Section 324.3504 - Water Permits; Liability of State.

324.3504 Water permits; liability of state.
Sec. 3504.
Neither the state nor any of its officers, agents, or employees shall incur any liability because of the issuance of a permit under this part or of any act or omission of the permittee or his or her agents or servants under or in connection with a permit issued under this part.
History:
Add. 1995, Act 60, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-1 - Chapter 1 Point Source Pollution Control (324.3101...324.6539) › 451-1994-II-1-35 - Part 35 Use of Water in Mining Low-Grade Iron Ore (324.3501...324.3508) › Section 324.3505 - Water Permits; Term.

324.3505 Water permits; term.
Sec. 3505.
Every permit granted under this part shall be for a term as is necessary to permit the mining to exhaustion and beneficiation of all low-grade iron ore referred to in the permit application, but not to exceed 50 years. The department may prescribe in the permit such time as it considers reasonable for the commencement or completion of any operations or construction under the permit or the exercise of the rights granted in the permit. The original term of the permit or the time allowed for the performance of any condition in the permit may be extended by the department upon application of the permittee.
History:
Add. 1995, Act 60, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-1 - Chapter 1 Point Source Pollution Control (324.3101...324.6539) › 451-1994-II-1-35 - Part 35 Use of Water in Mining Low-Grade Iron Ore (324.3501...324.3508) › Section 324.3506 - Water Permits; Rights; Violation; Revocation; Emergency Order for Abatement.

324.3506 Water permits; rights; violation; revocation; emergency order for abatement.
Sec. 3506.
Every permit issued by the department under this part shall give to the permittee the right to use the water specified in the permit at the times, in the manner, in the quantity, and under the circumstances as specified in the permit, subject to the conditions contained in the permit, and shall be irrevocable except for a breach or violation of the terms and conditions of the permit. If the department finds, upon consideration of the needs of the applicant, the public interest to be served by the use of the water by the applicant, and all other facts relating to the use of the water, that the public interest requires the inclusion in the permit of a provision that will authorize modification or revocation of the permit, then the department may provide for modification or revocation of the permit by including in the permit the specific grounds upon which the permit may be modified or revoked by the department in the public interest. A permit issued pursuant to this part shall not be revoked for breach or violation of the terms and conditions of the permit or be revoked or modified upon other grounds specified in the permit unless the permittee has been given an opportunity to be heard on the grounds for the proposed revocation or modification after 30 days' written notice to the permittee. A permit shall not be revoked for breach or violation of the terms and conditions of the permit unless the permittee has been given an opportunity to correct or remedy the alleged breach or violation within a reasonable time and has failed to do so. Every notice shall specify the grounds for the proposed revocation or modification and, in the event of a proposed modification, the extent of the modification. If a violation of the conditions of a permit exists that in the judgment of the department threatens the public interest in the waters involved as to require abatement without first giving 30 days' written notice to the permittee, the department may issue an emergency order for abatement, which order shall have the same validity as if a 30 days' written notice had been given and the permittee had been granted a hearing. The emergency order shall remain in force no longer than 21 days from its effective date. Failure to comply with an emergency order constitutes grounds for revocation of the permit.
History:
Add. 1995, Act 60, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-1 - Chapter 1 Point Source Pollution Control (324.3101...324.6539) › 451-1994-II-1-35 - Part 35 Use of Water in Mining Low-Grade Iron Ore (324.3501...324.3508) › Section 324.3507 - Enforcement; Administration.

324.3507 Enforcement; administration.
Sec. 3507.
(1) The department is responsible for enforcing this part.
(2) At any hearing, the department, or its duly authorized agents, has the power to administer oaths, to take testimony and compel the introduction of written evidence, to issue subpoenas, and to compel the attendance of witnesses.
History:
Add. 1995, Act 60, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-1 - Chapter 1 Point Source Pollution Control (324.3101...324.6539) › 451-1994-II-1-35 - Part 35 Use of Water in Mining Low-Grade Iron Ore (324.3501...324.3508) › Section 324.3508 - Rules; Judicial Review.

324.3508 Rules; judicial review.
Sec. 3508.
The department shall promulgate rules to implement this part. Any interested person has the right of judicial review from any decision, order, or permit made or granted by the department under the administrative procedures act of 1969, Act No. 306 of the Public Acts of 1969, being sections 24.201 to 24.328 of the Michigan Compiled Laws.
History:
Add. 1995, Act 60, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-1 - Chapter 1 Point Source Pollution Control (324.3101...324.6539) › 451-1994-II-1-37 - Part 37 Water Pollution Control Facilities; Tax Exemption (324.3701...324.3708) › Section 324.3701 - Definitions.

324.3701 Definitions.
Sec. 3701.
As used in this part:
(a) "Facility" means any disposal system, including disposal wells, or any treatment works, appliance, equipment, machinery, or installation constructed, used, or placed in operation primarily for the purpose of reducing, controlling, or eliminating water pollution caused by industrial waste.
(b) "Industrial waste" means any liquid, gaseous, or solid waste substance resulting from any process of industry, manufacture, trade, or business, or from the development, processing, or recovery of any paper or wood, which is capable of polluting the waters of the state.
(c) "Treatment works" means any plant, pumping station, incinerator, or other works or reservoir used primarily for the purpose of treating, stabilizing, isolating, or holding industrial waste.
(d) "Disposal system" means a system used primarily for disposing of or isolating industrial waste and includes pipelines or conduits, pumping stations and force mains, and all other constructions, devices, appurtenances, and facilities used for collecting or conducting water-borne industrial waste to a point of disposal, treatment, or isolation, except that which is necessary to the manufacture of products.
History:
Add. 1995, Act 60, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-1 - Chapter 1 Point Source Pollution Control (324.3101...324.6539) › 451-1994-II-1-37 - Part 37 Water Pollution Control Facilities; Tax Exemption (324.3701...324.3708) › Section 324.3702 - Tax Exemption Certificate; Application; Filing; Manner; Form; Notice; Hearing.

324.3702 Tax exemption certificate; application; filing; manner; form; notice; hearing.
Sec. 3702.
(1) An application for a water pollution control tax exemption certificate shall be filed with the state tax commission in a manner and in a form as prescribed by the state tax commission. The application shall contain plans and specifications of the facility, including all materials incorporated or to be incorporated in the facility and a descriptive list of all equipment acquired or to be acquired by the applicant for the purpose of industrial waste pollution control, together with the proposed operating procedure for the control facility.
(2) Before issuing a certificate, the state tax commission shall seek approval of the department and give notice in writing by certified mail to the department of treasury and to the assessor of the taxing unit in which the facility is located or to be located, and shall afford to the applicant and the assessor an opportunity for a hearing. Tax exemption granted under this part shall be reduced to the extent of any commercial or productive value derived from any materials captured or recovered by any facility.
History:
Add. 1995, Act 60, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-1 - Chapter 1 Point Source Pollution Control (324.3101...324.6539) › 451-1994-II-1-37 - Part 37 Water Pollution Control Facilities; Tax Exemption (324.3701...324.3708) › Section 324.3703 - Issuance of Certificate; Grounds; Effective Date.

324.3703 Issuance of certificate; grounds; effective date.
Sec. 3703.
If the department finds that the facility is designed and operated primarily for the control, capture, and removal of industrial waste from the water, and is suitable, reasonably adequate, and meets the intent and purposes of part 31, the department shall notify the state tax commission, which shall issue a certificate. The effective date of the certificate is the date on which the certificate is issued.
History:
Add. 1995, Act 60, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA