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-2 - Chapter 2 Nonpoint Source Pollution Control (324.8201...324.9510) › 451-1994-II-2-SOIL-CONSERVATION-EROSION-AND-SEDIMENTATION-CONTRO - Part Soil Conservation, Erosion, and Sedimentation Control (324.9101...324.9313) › 451-1994-II-2-SOIL-CONSERVATION-EROSION-AND-SEDIMENTATION-CONTRO - Part 91 Soil Erosion and Sedimentation Control (324.9101...324.9123a) › Section 324.9121 - Violations; Penalties.

324.9121 Violations; penalties.
Sec. 9121.
(1) A person who violates this part is responsible for either of the following:
(a) If the action is brought by a county enforcing agency or a municipal enforcing agency of a local unit of government that has enacted an ordinance under this part that provides a penalty for violations, the person is responsible for a municipal civil infraction and may be ordered to pay a civil fine of not more than $2,500.00.
(b) If the action is brought by the state or a county enforcing agency of a county that has not enacted an ordinance under this part, the person is responsible for a state civil infraction and may be ordered to pay a civil fine of not more than $2,500.00.
(2) A person who knowingly violates this part or knowingly makes a false statement in an application for a permit or in a soil erosion and sedimentation control plan is responsible for the payment of a civil fine of not more than $10,000.00 for each day of violation.
(3) A person who knowingly violates this part after receiving a notice of determination under section 9112 or 9117 is responsible for the payment of a civil fine of not less than $2,500.00 or more than $25,000.00 for each day of violation.
(4) Civil fines collected under subsections (2) and (3) shall be deposited as follows:
(a) If the state filed the action under this section, in the general fund of the state.
(b) If a county enforcing agency or municipal enforcing agency filed the action under this section, with the county or municipality that filed the action.
(c) If an action was filed jointly by the state and a county enforcing agency or municipal enforcing agency, the civil fines collected under this subsection shall be divided in proportion to each agency's involvement as mutually agreed upon by the agencies. All fines going to the department shall be deposited into the general fund of the state.
(5) A default in the payment of a civil fine or costs ordered under this section or an installment of the fine or costs may be remedied by any means authorized under the revised judicature act of 1961, 1961 PA 236, MCL 600.101 to 600.9948.
(6) In addition to a fine assessed under this section, a person who violates this part is liable to the state for damages for injury to, destruction of, or loss of natural resources resulting from the violation. The court may order a person who violates this part to restore the area or areas affected by the violation to their condition as existing immediately prior to the violation.
(7) This section applies to an authorized public agency, in addition to other persons. This section does not apply to a county enforcing agency or a municipal enforcing agency with respect to its administration and enforcement of this part and rules promulgated under this part.
History:
Add. 1995, Act 60, Imd. Eff. May 24, 1995 ;-- Am. 1996, Act 173, Imd. Eff. Apr. 18, 1996 ;-- Am. 2000, Act 504, Imd. Eff. Jan. 11, 2001
Popular Name:
Act 451
Popular Name:
NREPA