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 III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-THE-GREAT-LAKES - The Great Lakes (324.32101...324.34201) › 451-1994-III-1-THE-GREAT-LAKES-327 - Part 327 Great Lakes Preservation (324.32701...324.32730) › Section 324.32706 - Development of Internet-Based Online Registration Process; Registration; Required Statement and Supporting Documentation.

324.32706 Development of internet-based online registration process; registration; required statement and supporting documentation.
Sec. 32706.
(1) Not later than 1 year after the effective date of the amendatory act that amended this section, the department shall develop and implement an internet-based online registration process that may be used for registrations under section 32705. The online registration process shall be designed to work in conjunction with the assessment tool.
(2) Each registration under this part shall include both of the following:
(a) A statement and supporting documentation that includes all of the following:
(i) The place and source of the proposed withdrawal.
(ii) The location of any discharge or return flow associated with the proposed withdrawal.
(iii) The location and nature of the proposed water use.
(iv) The capacity of the equipment used for making the proposed withdrawal.
(v) The estimated average annual and monthly volumes and rate of the proposed withdrawal.
(vi) The estimated average annual and monthly volumes and rates of consumptive use from the proposed withdrawal.
(b) Beginning 1 year after the effective date of the amendatory act that added this subdivision, for a new or increased large quantity withdrawal from a stream or river or groundwater, the determination from the use of the assessment tool under section 32706b or the determination from a site-specific review, as appropriate.
History:
Add. 1995, Act 59, Imd. Eff. May 24, 1995 ;-- Am. 1996, Act 434, Imd. Eff. Dec. 2, 1996 ;-- Am. 2008, Act 180, Imd. Eff. July 9, 2008
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 III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-THE-GREAT-LAKES - The Great Lakes (324.32101...324.34201) › 451-1994-III-1-THE-GREAT-LAKES-327 - Part 327 Great Lakes Preservation (324.32701...324.32730) › Section 324.32706d - Collection of Stream or River Flow Measurements by Persons Other Than Department; Development and Use of Protocol; Training Program.

324.32706d Collection of stream or river flow measurements by persons other than department; development and use of protocol; training program.
Sec. 32706d.
(1) The department shall develop a protocol for the collection of stream or river flow measurements by persons other than the department for use by the department in the administration of this part. The protocol may specify a minimum number of measurements, stream or river flow and weather conditions when the measurements are to be made, and any other conditions necessary to ensure the adequacy and quality of the measurements. The protocol shall ensure that stream or river flow measurements collected for this purpose meet the same data quality standards as stream or river flow measurements collected by the United States geological survey. The department shall consult with the United States geological survey and other recognized scientific experts in developing this protocol.
(2) The department may use stream or river flow data collected using the protocol under subsection (1) in conducting site-specific reviews, in making water withdrawal permit decisions under section 32723, in issuing permits under the safe drinking water act, 1976 PA 399, MCL 325.1001 to 325.1023, in updating the water withdrawal assessment tool as appropriate, or in other actions requiring an evaluation of stream or river flow.
(3) The department may establish a program to train and certify individuals in the collection of stream or river flow measurements. The department shall charge a fee sufficient to reimburse the department for the cost of a program developed under this subsection. The department may enter into a cooperative agreement with the United States geological survey to provide training and certification under this section.
History:
Add. 2008, Act 181, Imd. Eff. July 9, 2008
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 III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-THE-GREAT-LAKES - The Great Lakes (324.32101...324.34201) › 451-1994-III-1-THE-GREAT-LAKES-327 - Part 327 Great Lakes Preservation (324.32701...324.32730) › Section 324.32706e - Cumulative Withdrawals; Determination of Adverse Impact.

324.32706e Cumulative withdrawals; determination of adverse impact.
Sec. 32706e.
The department shall determine whether an adverse resource impact has occurred under this part and whether a withdrawal is a zone A, a zone B, a zone C, or a zone D withdrawal under this part based upon cumulative withdrawals affecting the same stream reach. In accounting for these cumulative withdrawals, the department shall apply both of the following:
(a) Beginning on October 1, 2008, the department shall begin water withdrawal accounting for cumulative withdrawals affecting the same stream reach.
(b) Beginning on February 1, 2009, the department shall adjust the water withdrawal accounting under subdivision (a) such that if cumulative withdrawals beginning on October 1, 2008 have removed a sufficient flow of water from a stream reach to change the zone classification of that stream reach, the department shall reset the water withdrawal accounting benchmark for that stream reach as follows:
(i) If the cumulative impact of withdrawals on February 1, 2009 results in a classification as a zone B withdrawal, the accounting benchmark shall be reset at the beginning point for zone B withdrawals.
(ii) If the cumulative impact of withdrawals on February 1, 2009 results in a classification as a zone C withdrawal, the accounting benchmark shall be reset at the beginning point for zone C withdrawals.
(iii) If the cumulative impact of withdrawals on February 1, 2009 results in a classification as a zone D withdrawal, the accounting benchmark shall be reset at the beginning point for zone C withdrawals. If there is not a zone C for the classification of the stream reach, the water withdrawal accounting benchmark shall be reset at the beginning point for zone B withdrawals.
History:
Add. 2008, Act 185, Imd. Eff. July 9, 2008
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 III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-THE-GREAT-LAKES - The Great Lakes (324.32101...324.34201) › 451-1994-III-1-THE-GREAT-LAKES-327 - Part 327 Great Lakes Preservation (324.32701...324.32730) › Section 324.32709 - Informational Materials.

324.32709 Informational materials.
Sec. 32709.
The department may contract for the preparation and distribution of informational materials to members of the public related to any of the following:
(a) The purposes, benefits, and requirements of this part.
(b) Information on complying with the registration requirement of this part and on any general or applicable methods for calculating or estimating water withdrawals or consumptive uses.
History:
Add. 1995, Act 59, Imd. Eff. May 24, 1995 ;-- Am. 2008, Act 182, Imd. Eff. July 9, 2008
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 III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-THE-GREAT-LAKES - The Great Lakes (324.32101...324.34201) › 451-1994-III-1-THE-GREAT-LAKES-327 - Part 327 Great Lakes Preservation (324.32701...324.32730) › Section 324.32711, 324.32712 - Repealed. 2006, Act 33, Imd. Eff. Feb. 28, 2006.

324.32711, 324.32712 Repealed. 2006, Act 33, Imd. Eff. Feb. 28, 2006.
Compiler's Notes:
The repealed sections pertained to an exemption from water withdrawal reporting requirements for a public water supply and the prohibition on the department to mandate a permit or regulate water withdrawal.
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 III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-THE-GREAT-LAKES - The Great Lakes (324.32101...324.34201) › 451-1994-III-1-THE-GREAT-LAKES-327 - Part 327 Great Lakes Preservation (324.32701...324.32730) › Section 324.32713 - Civil Action; Commencement; Civil Fine; Recovery of Surveillance and Enforcement Costs.

324.32713 Civil action; commencement; civil fine; recovery of surveillance and enforcement costs.
Sec. 32713.
(1) The department may request the attorney general to commence a civil action for appropriate relief, including a permanent or temporary injunction, for a violation of this part or a rule promulgated under this part, including falsifying a record submitted under this part. An action under this section shall be brought in the circuit court for the county of Ingham or for the county in which the defendant is located, resides, or is doing business. The court has jurisdiction to restrain the violation and to require compliance.
(2) In addition to any other relief granted under subsection (1), the court may impose a civil fine as follows:
(a) For a person who knowingly violates section 32721 or 32723 or the terms of a permit issued under section 32723, a civil fine of not more than $10,000.00 per day of violation.
(b) For all other violations of this part, a civil fine of not more than $1,000.00.
(3) In addition to a fine imposed under subsection (2), the attorney general may file a suit in a court of competent jurisdiction to recover the full value of the costs of surveillance and enforcement by the state resulting from the violation.
History:
Add. 1995, Act 59, Imd. Eff. May 24, 1995 ;-- Am. 2006, Act 33, Imd. Eff. Feb. 28, 2006 ;-- Am. 2008, Act 186, Eff. Oct. 7, 2008
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 III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-THE-GREAT-LAKES - The Great Lakes (324.32101...324.34201) › 451-1994-III-1-THE-GREAT-LAKES-327 - Part 327 Great Lakes Preservation (324.32701...324.32730) › Section 324.32714 - Water Use Protection Fund; Creation; Disposition of Assets; Investments; Money Remaining in Fund; Expenditures.

324.32714 Water use protection fund; creation; disposition of assets; investments; money remaining in fund; expenditures.
Sec. 32714.
(1) The water use protection 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, and 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 into the general fund.
(4) The department may expend money from the fund, upon appropriation, only for 1 or more of the following:
(a) The implementation and administration of this part.
(b) The preparation of the statewide groundwater inventory and map under section 32802.
(c) The expenses of the groundwater conservation advisory council under part 328.
(d) The implementation and administration of part 317.
History:
Add. 1996, Act 434, Imd. Eff. Dec. 2, 1996 ;-- Am. 2003, Act 148, Imd. Eff. Aug. 8, 2003 ;-- Am. 2006, Act 33, Imd. Eff. Feb. 28, 2006
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 III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-THE-GREAT-LAKES - The Great Lakes (324.32101...324.34201) › 451-1994-III-1-THE-GREAT-LAKES-327 - Part 327 Great Lakes Preservation (324.32701...324.32730) › Section 324.32721 - Large Quantity Withdrawal; Prohibition; Exception; Certain Large Quantity Withdrawals Subject to Definition of Adverse Resource Impact Existing on February 28, 2006.

324.32721 Large quantity withdrawal; prohibition; exception; certain large quantity withdrawals subject to definition of adverse resource impact existing on February 28, 2006.
Sec. 32721.
(1) A person shall not make a new or increased large quantity withdrawal from the waters of the state that causes an adverse resource impact.
(2) This section does not apply to the baseline capacity of a large quantity withdrawal or a well capable of making a large quantity withdrawal that existed on February 28, 2006.
(3) This section does not apply to a withdrawal that is utilized solely for fire suppression.
(4) A person who developed the capacity to make a new or increased large quantity withdrawal on or after February 28, 2006 and prior to February 1, 2009 or who received a determination under former section 32724 during that period is subject to the definition of adverse resource impact that existed on February 28, 2006.
History:
Add. 2006, Act 33, Imd. Eff. Feb. 28, 2006 ;-- Am. 2008, Act 183, Imd. Eff. July 9, 2008
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 III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-THE-GREAT-LAKES - The Great Lakes (324.32101...324.34201) › 451-1994-III-1-THE-GREAT-LAKES-327 - Part 327 Great Lakes Preservation (324.32701...324.32730) › Section 324.32722 - Presumption.

324.32722 Presumption.
Sec. 32722.
(1) For new or increased large quantity withdrawals developed on or after February 28, 2006 and prior to the implementation date of the assessment tool under section 32706a, there is a rebuttable presumption that the withdrawal will not cause an adverse resource impact in violation of section 32721 under either of the following circumstances:
(a) The location of the withdrawal is more than 1,320 feet from the banks of an affected stream reach.
(b) The withdrawal depth of the well is at least 150 feet.
(2) If the assessment tool determines that a withdrawal is a zone A or a zone B withdrawal and is not likely to cause an adverse resource impact, there is a rebuttable presumption that the withdrawal under the conditions that were the basis for the assessment tool's determination will not cause an adverse resource impact in violation of section 32721.
(3) If the department determines, based upon a site-specific review, or in connection with a permit or approval issued under section 32723 or the safe drinking water act, 1976 PA 399, MCL 325.1001 to 325.1023, that a withdrawal is not likely to cause an adverse resource impact, there is a rebuttable presumption that the withdrawal under the conditions that were the basis of the department's determination will not cause an adverse resource impact in violation of section 32721.
(4) A presumption under this section is not valid if the capacity to make the withdrawal is not developed within 18 months after the withdrawal is registered. A presumption under this section may be rebutted by a preponderance of evidence that a new or increased large quantity withdrawal from the waters of the state has caused or is likely to cause an adverse resource impact.
History:
Add. 2006, Act 33, Imd. Eff. Feb. 28, 2006 ;-- Am. 2008, Act 183, Imd. Eff. July 9, 2008
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 III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-THE-GREAT-LAKES - The Great Lakes (324.32101...324.34201) › 451-1994-III-1-THE-GREAT-LAKES-327 - Part 327 Great Lakes Preservation (324.32701...324.32730) › Section 324.32724 - 324.32724 Repealed. 2008, Act 181, Imd. Eff. July 9, 2008.

324.32724 324.32724 Repealed. 2008, Act 181, Imd. Eff. July 9, 2008.
Compiler's Notes:
The repealed section pertained to persons exempt from permit requirements.
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 III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-THE-GREAT-LAKES - The Great Lakes (324.32101...324.34201) › 451-1994-III-1-THE-GREAT-LAKES-327 - Part 327 Great Lakes Preservation (324.32701...324.32730) › Section 324.32726 - Local Ordinance.

324.32726 Local ordinance.
Sec. 32726.
Except as authorized by the public health code, 1978 PA 368, MCL 333.1101 to 333.25211, a local unit of government shall not enact or enforce an ordinance that regulates a large quantity withdrawal. This section is not intended to diminish or create any existing authority of municipalities to require persons to connect to municipal water supply systems as authorized by law.
History:
Add. 2006, Act 33, Imd. Eff. Feb. 28, 2006
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 III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-THE-GREAT-LAKES - The Great Lakes (324.32101...324.34201) › 451-1994-III-1-THE-GREAT-LAKES-327 - Part 327 Great Lakes Preservation (324.32701...324.32730) › Section 324.32727 - Exemptions; Compilation and Sharing of Certain Data.

324.32727 Exemptions; compilation and sharing of certain data.
Sec. 32727.
(1) The following withdrawals are exempt from the requirements of this part unless they result in a diversion:
(a) A withdrawal undertaken as part of an activity authorized by the department under part 111, 115, 201, 213, or 615.
(b) A withdrawal undertaken as part of an activity authorized by the United States environmental protection agency under either of the following:
(i) The comprehensive environmental response, compensation, and liability act of 1980, Public Law 96-510.
(ii) The resource conservation and recovery act of 1976, Public Law 94-580.
(c) A withdrawal that is undertaken for hydroelectric generation at sites certified, licensed, or permitted by the federal energy regulatory commission.
(d) A hydroelectric facility authorized under section 12 of chapter 264 of the act of March 3, 1909, commonly known as the river and harbor act of 1909, 35 Stat. 821.
(e) A hydroelectric facility authorized under section 1075(c) of the intermodal surface transportation efficiency act of 1991, Public Law 102-240.
(f) A hydroelectric facility authorized under Public Law 85, chapter 1368, 34 Stat. 102.
(g) Removal of water from an artificially created surface water body that has as its primary source of water either of the following:
(i) A withdrawal that is not a new or increased large quantity withdrawal.
(ii) A registered new or increased large quantity withdrawal that has been determined by the assessment tool, a site-specific review, or a permit issued under section 32723 to be a withdrawal that is not likely to cause an adverse resource impact.
(h) A withdrawal from a noncommercial well located on the following residential property:
(i) Single-family residential property unless that well is a lake augmentation well.
(ii) Multifamily residential property not exceeding 4 residential units and not more than 3 acres in size unless that well is a lake augmentation well.
(2) The director of the department shall ensure that data in the possession of the state related to withdrawals that are not regulated under this part are compiled and shared with departmental personnel responsible for implementing this part.
History:
Add. 2006, Act 33, Imd. Eff. Feb. 28, 2006 ;-- Am. 2008, Act 183, Imd. Eff. July 9, 2008
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 III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-THE-GREAT-LAKES - The Great Lakes (324.32101...324.34201) › 451-1994-III-1-THE-GREAT-LAKES-327 - Part 327 Great Lakes Preservation (324.32701...324.32730) › Section 324.32728 - Construction and Scope of Act; Rules.

324.32728 Construction and scope of act; rules.
Sec. 32728.
(1) This part shall not be construed as affecting, intending to affect, or in any way altering or interfering with common law water rights or property rights or the applicability of other laws providing for the protection of natural resources or the environment or limit, waive, cede, or grant any rights or interest that the state possesses as sovereign for the people of the state in the waters or natural resources of the state.
(2) This part does not limit the right of a person whose interests have been or will be adversely affected to institute proceedings in circuit court against any person to protect such interests.
(3) Except as specifically authorized under this part, this part does not authorize the promulgation of rules.
History:
Add. 2006, Act 33, Imd. Eff. Feb. 28, 2006 ;-- Am. 2008, Act 185, Imd. Eff. July 9, 2008
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 III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-THE-GREAT-LAKES - The Great Lakes (324.32101...324.34201) › 451-1994-III-1-THE-GREAT-LAKES-327 - Part 327 Great Lakes Preservation (324.32701...324.32730) › Section 324.32729 - Fees Not Authorized; Exception.

324.32729 Fees not authorized; exception.
Sec. 32729.
Except as specifically authorized under this part, this part does not authorize the assessment of fees.
History:
Add. 2008, Act 185, Imd. Eff. July 9, 2008
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 III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-THE-GREAT-LAKES - The Great Lakes (324.32101...324.34201) › 451-1994-III-1-THE-GREAT-LAKES-327 - Part 327 Great Lakes Preservation (324.32701...324.32730) › Section 324.32730 - Compact; Implementation.

324.32730 Compact; implementation.
Sec. 32730.
The compact shall be implemented as follows:
(a) Except as specifically provided in this part, water withdrawals originating within this state shall be regulated exclusively under this part.
(b) A proposed use for which a water withdrawal permit is issued under section 32723 shall be considered to satisfy the requirements of section 4.11 of the compact.
(c) The 2008 amendments to this part, the 2008 amendments to part 328, and the 2008 amendments to sections 4 and 17 of the safe drinking water act, 1976 PA 399, MCL 325.1004 and 325.1017, are intended to fully implement the compact in this state. For purposes of section 9.1 of the compact, all acts and parts of acts that were inconsistent with the compact on the effective date of the amendatory act that added this section have been modified, as necessary, to be consistent with the compact, and therefore section 9.1 does not repeal any acts or parts of acts.
(d) If the council proposes a revision to the standard of review and decision under section 3.1 and 3.3 of the compact, the governor shall notify the standing committees of the legislature with jurisdiction primarily related to natural resources and the environment. A regulation adopted pursuant to section 3.1 and 3.3 of the compact that amends the standard of review and decision shall not be deemed duly adopted in accordance with the statutory authorities and applicable procedures of this state unless the regulation is approved by the legislature and enacted into law.
History:
Add. 2008, Act 190, Imd. Eff. July 9, 2008
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 III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-THE-GREAT-LAKES - The Great Lakes (324.32101...324.34201) › 451-1994-III-1-THE-GREAT-LAKES-328 - Part 328 Aquifer Protection (324.32801...324.32803) › Section 324.32801 - Definitions.

324.32801 Definitions.
Sec. 32801.
As used in this part:
(a) "Annex 2001" means the Great Lakes charter annex signed by the governors and premiers of the Great Lakes region on June 18, 2001.
(b) "Aquifer" means any water bearing bed or stratum of earth or rock capable of yielding groundwater to a water well in sufficient quantities that can be withdrawn.
(c) "Assessment tool" means the water withdrawal assessment tool provided for in part 327.
(d) "Base flow" means groundwater discharge to rivers and streams.
(e) "Conflict areas" means an aquifer or a portion of an aquifer in which the department has determined that there is reasonable, scientifically based evidence of a pattern of groundwater withdrawal conflicts or a single extended groundwater withdrawal conflict.
(f) "Council" means the water use advisory council created under section 32803.
(g) "Department" means the department of environmental quality.
(h) "Director" means the director of the department.
(i) "Groundwater" means water below the land surface in a zone of saturation.
(j) "Groundwater withdrawal conflict" means the failure of an existing water well that was constructed in compliance with part 127 of the public health code, 1978 PA 368, MCL 333.12701 to 333.12771, to furnish its normal supply of groundwater because of a progressive decline of the static water level within the aquifer due to the withdrawal of groundwater from the aquifer by a high-capacity well or sump, as determined based on reasonable, scientifically based evidence.
(k) "Static water level" means the distance between the ground surface and the water level within a well that is not being pumped.
History:
Add. 2003, Act 148, Imd. Eff. Aug. 8, 2003 ;-- Am. 2008, Act 189, Imd. Eff. July 9, 2008 ;-- Am. 2018, Act 509, Imd. Eff. Dec. 28, 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 III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-THE-GREAT-LAKES - The Great Lakes (324.32101...324.34201) › 451-1994-III-1-THE-GREAT-LAKES-328 - Part 328 Aquifer Protection (324.32801...324.32803) › Section 324.32802 - Groundwater Data; Collection and Compilation Into Statewide Groundwater Inventory and Map; Update; Availability to Public.

324.32802 Groundwater data; collection and compilation into statewide groundwater inventory and map; update; availability to public.
Sec. 32802.
(1) Not later than 2 years after the effective date of the amendatory act that added this section, the department shall collect and compile groundwater data into a statewide groundwater inventory and map. The department shall use existing sources of groundwater data where those data are available, including information reported under part 327, information reported under the safe drinking water act, 1976 PA 399, MCL 325.1001 to 325.1023, and information collected under the groundwater dispute resolution program created in part 317, but may supplement those data through additional studies if those data are incomplete. Following completion of the initial statewide groundwater inventory and map, the department shall update the statewide groundwater inventory and map as new information becomes available. The department shall include data on all of the following in the statewide groundwater inventory and map:
(a) Location and water yielding capabilities of aquifers in the state.
(b) Aquifer recharge rates in the state, if available to the department.
(c) Static water levels of groundwater in the state.
(d) Base flow of rivers and streams in the state.
(e) Conflict areas in the state.
(f) Surface waters, including designated trout lakes and streams, and groundwater dependent natural resources, that are identified on the natural features inventory.
(g) The location and pumping capacity of all of the following:
(i) Industrial or processing facilities registered under section 32705 that withdraw groundwater.
(ii) Irrigation facilities registered under section 32705 that withdraw groundwater.
(iii) Public water supply systems that have the capacity to withdraw over 100,000 gallons of groundwater per day average in any consecutive 30-day period.
(h) Aggregate agricultural water use and consumptive use, by township.
(2) The department shall make the statewide groundwater inventory and map available to the general public.
History:
Add. 2003, Act 148, Imd. Eff. Aug. 8, 2003
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 III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-THE-GREAT-LAKES - The Great Lakes (324.32101...324.34201) › 451-1994-III-1-THE-GREAT-LAKES-329 - Part 329 Great Lakes Protection (324.32901...324.32911) › Section 324.32901 - Definitions.

324.32901 Definitions.
Sec. 32901.
As used in this part:
(a) "Board" means the Michigan Great Lakes protection fund technical advisory board created in section 32908.
(b) "Fund" means the Michigan Great Lakes protection fund created in section 32905.
History:
Add. 1995, Act 59, Imd. Eff. May 24, 1995
Compiler's Notes:
For the type III transfer of the office of the great lakes within the department of natural resources to the new office of the great lakes within the department of environment, great lakes, and energy, see E.R.O. 2019-1, compiled at MCL 324.99923.
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 III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-THE-GREAT-LAKES - The Great Lakes (324.32101...324.34201) › 451-1994-III-1-THE-GREAT-LAKES-329 - Part 329 Great Lakes Protection (324.32901...324.32911) › Section 324.32902 - Legislative Findings.

324.32902 Legislative findings.
Sec. 32902.
The legislature finds that:
(a) The Great Lakes are a valuable resource providing an important source of food, fresh water, recreation, beauty, and enjoyment.
(b) The ecosystems of the Great Lakes, which provide sustenance and recreation to the people of this state and other states and nations, have been severely affected and are continually threatened by the introduction of foreign species into the lakes and by pollution of the Great Lakes waters.
(c) Careful management of the Great Lakes will permit the rehabilitation and protection of the lakes, their waters, and their ecosystems, while continuing and expanding their use for industry, food production, transportation, and recreation.
(d) This state, because it is surrounded by the Great Lakes and because the Great Lakes contribute in innumerable ways to the state's economy, recreation, and way of life, must act as a steward for the protection, enhancement, and wise utilization of the Great Lakes.
History:
Add. 1995, Act 59, 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 III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-THE-GREAT-LAKES - The Great Lakes (324.32101...324.34201) › 451-1994-III-1-THE-GREAT-LAKES-329 - Part 329 Great Lakes Protection (324.32901...324.32911) › Section 324.32903 - Office of the Great Lakes; Establishment; Purpose; Duties.

324.32903 Office of the Great Lakes; establishment; purpose; duties.
Sec. 32903.
The office of the Great Lakes is established within the department of natural resources and is designated as the lead agency within state government for the development of policies, programs, and procedures to protect, enhance, and manage the Great Lakes. The office of the Great Lakes shall do all of the following:
(a) Advise the governor, the director, and the directors of other appropriate state departments on appropriate steps needed to coordinate state policy and state actions on the Great Lakes and to implement an ecosystem approach to this state's Great Lakes policies.
(b) Provide representation at the national level for this state's Great Lakes interests.
(c) Represent this state before Great Lakes policy development bodies such as the international joint commission.
(d) Ensure adequate research and staff work to maintain this state's regional leadership in resolving Great Lakes problems.
(e) Promote the wise use of the ports of this state and Great Lakes water transportation.
(f) Promote the Great Lakes tourism industry.
(g) Advocate the interests of this state in actions, policies, and legislation affecting the Great Lakes proposed in other Great Lakes states, Canadian provinces, Great Lakes policy development bodies, and the federal government.
History:
Add. 1995, Act 59, Imd. Eff. May 24, 1995
Compiler's Notes:
For transfer of the Office of the Great Lakes, including but not limited to the authority, powers, duties, functions, and responsibilities, to the Director of the Michigan Department of Environmental Quality, see E.R.O. No. 1995-16, compiled at MCL 324.99901 of the Michigan Compiled Laws.For transfer of the office of the Great Lakes from department of environmental quality to department of natural resources and environment, see E.R.O. No. 2009-31, compiled at MCL 324.99919.For transfer of office of Great Lakes from department of natural resources and environment to department of environmental quality, see E.R.O. No. 2011-1, compiled at MCL 324.99921.For transfer of office of the Great Lakes from department of environmental quality to department of natural resources, see E.R.O. No. 2017-5, compiled at MCL 324.99922.For the type III transfer of the office of the Great Lakes within the department of natural resources to the new office of the Great Lakes within the department of environment, Great Lakes, and energy, see E.R.O. 2019-1, compiled at MCL 324.99923.
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 III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-THE-GREAT-LAKES - The Great Lakes (324.32101...324.34201) › 451-1994-III-1-THE-GREAT-LAKES-329 - Part 329 Great Lakes Protection (324.32901...324.32911) › Section 324.32904 - Reports, Analysis, and Inventory to Be Submitted by Governor to Legislature.

324.32904 Reports, analysis, and inventory to be submitted by governor to legislature.
Sec. 32904.
The governor, with the assistance of the office of the Great Lakes, shall prepare and submit to the legislature the following:
(a) An annual report, submitted by December 31 of each year, on the state of the Great Lakes.
(b) A comprehensive analysis, in the governor's annual budget message, of all the funds from state and federal sources that the governor recommends be expended for the protection, enhancement, and management of the Great Lakes.
(c) A comprehensive inventory, submitted by August 2, 1986, of all state, federal, interstate, and international agencies, programs, and projects associated with the protection, enhancement, and management of the Great Lakes.
(d) A report, submitted by February 2, 1987, on the status of the agreement between the United States and Canada known as the Great Lakes water quality agreement of 1978, and recommending steps to be taken to execute the state's obligations in that agreement and to promote the state's role and objectives in the renegotiation of that agreement.
(e) A report, submitted by August 2, 1987, listing the priority research needs with respect to the Great Lakes.
History:
Add. 1995, Act 59, Imd. Eff. May 24, 1995
Compiler's Notes:
For transfer of the Office of the Great Lakes, including but not limited to the authority, powers, duties, functions, and responsibilities, to the Director of the Michigan Department of Environmental Quality, see E.R.O. No. 1995-16, compiled at MCL 324.99901 of the Michigan Compiled Laws.For the type III transfer of the office of the Great Lakes within the department of natural resources to the new office of the Great Lakes within the department of environment, Great Lakes, and energy, see E.R.O. 2019-1, compiled at MCL 324.99923.
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 III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-THE-GREAT-LAKES - The Great Lakes (324.32101...324.34201) › 451-1994-III-1-THE-GREAT-LAKES-329 - Part 329 Great Lakes Protection (324.32901...324.32911) › Section 324.32905 - Michigan Great Lakes Protection Fund; Creation; Sources of Money; Investment of Fund; Crediting Interest and Earnings to Fund; Money Not to Revert to General Fund; Annual Report.

324.32905 Michigan Great Lakes protection fund; creation; sources of money; investment of fund; crediting interest and earnings to fund; money not to revert to general fund; annual report.
Sec. 32905.
(1) The Michigan Great Lakes protection fund is created in the state treasury.
(2) The fund shall receive money from the following sources:
(a) Money received by the state from the Great Lakes protection fund authorized in part 331.
(b) Gifts and contributions to the fund.
(c) Other sources provided by law.
(3) The state treasurer shall direct the investment of the fund. Interest and earnings of the fund shall be credited to the fund. Money in the fund at the end of the fiscal year shall remain in the fund and shall not revert to the general fund.
(4) The state treasurer shall annually report to the board and the department on the amount of money in the fund.
History:
Add. 1995, Act 59, 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 III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-THE-GREAT-LAKES - The Great Lakes (324.32101...324.34201) › 451-1994-III-1-THE-GREAT-LAKES-329 - Part 329 Great Lakes Protection (324.32901...324.32911) › Section 324.32906 - State Treasurer to Credit Money to Fund.

324.32906 State treasurer to credit money to fund.
Sec. 32906.
The state treasurer shall credit all money the state receives from the Great Lakes protection fund as authorized in part 331 to the fund.
History:
Add. 1995, Act 59, 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 III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-THE-GREAT-LAKES - The Great Lakes (324.32101...324.34201) › 451-1994-III-1-THE-GREAT-LAKES-329 - Part 329 Great Lakes Protection (324.32901...324.32911) › Section 324.32907 - Use of Money in Fund.

324.32907 Use of money in fund.
Sec. 32907.
Money in the fund shall be used only for programs or grants to supplement existing Great Lakes research and protection programs consistent with the purposes of part 331 including, but not limited to, the following:
(a) Research on the economic, environmental, and human health effects of contamination in the Great Lakes.
(b) The collection and analysis of data on the Great Lakes.
(c) The development of new or improved environmental cleanup technologies.
(d) Research to assess the effectiveness of pollution control policies.
(e) The assessment of the health of Great Lakes fish, waterfowl, and other organisms.
(f) Other programs consistent with the purposes of part 331.
History:
Add. 1995, Act 59, 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 III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-THE-GREAT-LAKES - The Great Lakes (324.32101...324.34201) › 451-1994-III-1-THE-GREAT-LAKES-329 - Part 329 Great Lakes Protection (324.32901...324.32911) › Section 324.32908 - Michigan Great Lakes Protection Fund Technical Advisory Board; Creation; Appointment, Qualifications, and Terms of Members; Removal of Member; Election of Chairperson; Meetings; Public Notice; Member Not to Receive Grant.

324.32908 Michigan Great Lakes protection fund technical advisory board; creation; appointment, qualifications, and terms of members; removal of member; election of chairperson; meetings; public notice; member not to receive grant.
Sec. 32908.
(1) The Michigan Great Lakes protection fund technical advisory board is created within the department. The board shall consist of the following members:
(a) An individual appointed by the department who has knowledge or expertise in Great Lakes water issues.
(b) An individual appointed by the department who has knowledge or expertise in the effects of air pollution on the Great Lakes.
(c) Six individuals appointed by the department as follows:
(i) One individual from an environmental organization.
(ii) One individual from a business or industry related to the Great Lakes.
(iii) One individual who has performed research related to the water quality of the Great Lakes.
(iv) One individual who has performed research related to public health concerns associated with the Great Lakes.
(v) One individual who has knowledge or expertise in the demographics of the Great Lakes region or the climatology of the Great Lakes region.
(vi) One individual who represents the hazardous substance research center.
(2) A member of the board shall serve for a term of 3 years. However, of the first appointments to the board by the department under subsection (1)(c), 3 shall be appointed to serve 2-year terms and 3 shall be appointed to serve 1-year terms.
(3) A member of the board may be removed for inefficiency, neglect of duty, or malfeasance in office by the body that appointed him or her.
(4) The board shall elect a chairperson from among its members. The board shall meet at the call of the chairperson at least annually. A meeting of the board shall be held in compliance with the open meetings act, Act No. 267 of the Public Acts of 1976, being sections 15.261 to 15.275 of the Michigan Compiled Laws. Public notice of the time, date, and place of the meeting shall be given in the manner required by that act.
(5) A member of the board shall not receive a grant under this part.
History:
Add. 1995, Act 59, 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 III - Natural Resources Management (324.30101...324.83109) › 451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507) › 451-1994-III-1-THE-GREAT-LAKES - The Great Lakes (324.32101...324.34201) › 451-1994-III-1-THE-GREAT-LAKES-329 - Part 329 Great Lakes Protection (324.32901...324.32911) › Section 324.32909 - Duties of Board Generally.

324.32909 Duties of board generally.
Sec. 32909.
The board shall do both of the following:
(a) Advise this state's representatives on the board of directors of the Great Lakes protection fund authorized in part 331.
(b) Consult with the technical advisory committee of the Great Lakes protection fund.
History:
Add. 1995, Act 59, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA