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-1-37 - Part 37 Water Pollution Control Facilities; Tax Exemption (324.3701...324.3708) › Section 324.3704 - Exemption of Facility From Real and Personal Property Taxes; Exemption of Certain Tangible Personal Property From Sales and Use Taxes; Statement in Certificate.

324.3704 Exemption of facility from real and personal property taxes; exemption of certain tangible personal property from sales and use taxes; statement in certificate.
Sec. 3704.
(1) For the period subsequent to the effective date of the certificate and continuing as long as the certificate is in force, a facility covered by the certificate is exempt from real and personal property taxes imposed under the general property tax act, Act No. 206 of the Public Acts of 1893, being sections 211.1 to 211.157 of the Michigan Compiled Laws.
(2) Tangible personal property purchased and installed as a component part of the facility shall be exempt from both of the following:
(a) Sales taxes imposed under the general sales tax act, Act No. 167 of the Public Acts of 1933, being sections 205.51 to 205.78 of the Michigan Compiled Laws.
(b) Use taxes imposed under the use tax act, Act No. 94 of the Public Acts of 1937, being sections 205.91 to 205.111 of the Michigan Compiled Laws.
(3) The certificate shall state the total acquisition cost of the facility entitled to exemption.
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 324.3705 - Tax Exemption Certificate; Issuance; Mailing to Applicant, Local Tax Assessors, and Department of Treasury; Filing; Notice of Refusal of Certificate.

324.3705 Tax exemption certificate; issuance; mailing to applicant, local tax assessors, and department of treasury; filing; notice of refusal of certificate.
Sec. 3705.
The state tax commission shall send a water pollution control tax exemption certificate, when issued, by certified mail to the applicant, and certified copies by certified mail to the assessor of the taxing unit in which any property to which the certificate relates is located or to be located and to the department of treasury, which copies shall be filed of record in their offices. Notice of the state tax commission's refusal to issue a certificate shall be sent by certified mail to the applicant, to the department of treasury, and to the assessor.
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 324.3706 - Tax Exemption Certificate; Modification or Revocation; Grounds; Notice and Hearing; Statute of Limitations.

324.3706 Tax exemption certificate; modification or revocation; grounds; notice and hearing; statute of limitations.
Sec. 3706.
(1) The state tax commission, on notice by certified mail to the applicant and opportunity for a hearing, on its own initiative or on complaint of the department, the department of treasury, or the assessor of the taxing unit in which any property to which the certificate relates is located, shall modify or revoke the certificate if any of the following appear:
(a) The certificate was obtained by fraud or misrepresentation.
(b) The holder of the certificate has failed substantially to proceed with the construction, reconstruction, installation, or acquisition of a facility or to operate the facility for the purpose and degree of control specified in the certification or an amended certificate.
(c) The facility covered by the certificate is no longer used for the primary purpose of pollution control and is being used for a different purpose.
(2) On the mailing by certified mail to the certificate holder, the department of treasury, and the local assessor of notice of the action of the state tax commission modifying or revoking a certificate, the certificates shall cease to be in force or shall remain in force only as modified. If a certificate is revoked because it was obtained by fraud or misrepresentation, all taxes that would have been payable if a certificate had not been issued are immediately due and payable with the maximum interest and penalties prescribed by applicable law. A statute of limitations shall not operate in the event of fraud or misrepresentation.
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 324.3707 - Tax Exemption Certificate; Appeal.

324.3707 Tax exemption certificate; appeal.
Sec. 3707.
A party aggrieved by the issuance, refusal to issue, revocation, or modification of a pollution control tax exemption certificate may appeal from the finding and order of the state tax commission in the manner and form and within the time provided by 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 324.3708 - State Tax Commission; Rules.

324.3708 State tax commission; rules.
Sec. 3708.
The state tax commission may promulgate rules as it considers necessary for the administration of this part. These rules shall not abridge the authority of the department to determine whether or not industrial waste pollution control exists within the meaning of 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-1-39 - Part 39 Cleaning Agents (324.3901...324.3906) › Section 324.3902 - Phosphorus Content; Cleaning Agent Intended for Use Beginning July 1, 2010.

324.3902 Phosphorus content; cleaning agent intended for use beginning July 1, 2010.
Sec. 3902.
A person shall not sell, offer for sale, or distribute for sale or use in this state any of the following:
(a) Subject to subdivision (b), a cleaning agent that contains phosphorus in any form in excess of 8.7% by weight expressed as elemental phosphorus.
(b) A cleaning agent that is intended for use in household clothes washing machines or, beginning July 1, 2010, in household dishwashers and that contains phosphorus in any form in excess of 0.5% by weight expressed as elemental phosphorus.
History:
1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 2008, Act 426, Imd. Eff. Jan. 6, 2009 ;-- Am. 2008, Act 427, Imd. Eff. Jan. 6, 2009
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-1-39 - Part 39 Cleaning Agents (324.3901...324.3906) › Section 324.3903 - Rules; Compliance.

324.3903 Rules; compliance.
Sec. 3903.
The department shall promulgate rules to implement this part. The rules may further restrict the nutrient content and other contents of cleaning agents and water conditioners to prevent unlawful pollution and control nuisance growths of algae, weeds, and slimes that are or may become injurious to other lawful water uses; to prevent cleaning agents and water conditioners, separately or in combination with other substances, from rendering or tending to render any waters of this state harmful or inimical to public health, animal or aquatic life, or beneficial water uses; and to minimize any hazard to the health or safety of users of the cleaning agents or water conditioners. The burden of proof is on a manufacturer of a cleaning agent or water conditioner, before distribution for sale or use in this state, to establish that its contents comply with this part and rules promulgated under this part, and will not or is not likely to adversely affect human health or the environment. A person shall not sell or distribute for use in this state a cleaning agent or water conditioner in violation of a rule promulgated under this part.
History:
1994, Act 451, Eff. Mar. 30, 1995
Popular Name:
Act 451
Popular Name:
NREPA
Admin Rule:
R 323.1171 et seq. of the Michigan Administrative Code.
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-1-39 - Part 39 Cleaning Agents (324.3901...324.3906) › Section 324.3904 - Prohibited Sales.

324.3904 Prohibited sales.
Sec. 3904.
A person shall not sell detergents or cleaning compounds containing any substance other than phosphorus that may cause unlawful pollution of the waters of the state when discharged into the waters of the state, if the department determines that the other substance will cause unlawful pollution under the circumstances of its expected use and disposal or will pose a hazard to human health and safety. A determination by the department does not limit, restrain, or in any way affect an action as it finds appropriate under part 31. The department may establish by rule the criteria by which it will determine the possible pollutional effect of any substance. This part does not apply to a detergent or cleaning compound contained in fuel or lubricating oil.
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-1-39 - Part 39 Cleaning Agents (324.3901...324.3906) › Section 324.3905 - Local Regulation Prohibited.

324.3905 Local regulation prohibited.
Sec. 3905.
A local unit of government shall not enact or enforce an existing or future ordinance or rule with respect to the sale of cleaning agents containing phosphorus or any other substance that is or may be regulated 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-1-39 - Part 39 Cleaning Agents (324.3901...324.3906) › Section 324.3906 - Enforcement of Part.

324.3906 Enforcement of part.
Sec. 3906.
The department shall enforce this part and seek court enforcement of its orders pursuant to part 31.
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-SEWAGE-DISPOSAL-AND-WATERWORKS-SYSTEMS - Part Sewage Disposal and Waterworks Systems (324.4101...324.5419) › 451-1994-II-1-SEWAGE-DISPOSAL-AND-WATERWORKS-SYSTEMS-41 - Part 41 Sewerage Systems (324.4101...324.4113) › Section 324.4102 - Department of Natural Resources; Powers.

324.4102 Department of natural resources; powers.
Sec. 4102.
The department is given power and control as limited in this part over persons engaged in furnishing sewerage or sewage treatment service, or both, and over sewerage systems.
History:
1994, Act 451, Eff. Mar. 30, 1995
Compiler's Notes:
For transfer of authority, powers, duties, functions, and responsibilities of the Environmental Assistance Division to the Director of the Michigan Department of Environmental Quality, see E.R.O. No. 1995-16, compiled MCL 324.99901 of the Michigan Compiled Laws.For transfer of authority, powers, duties, functions, and responsibilities of the Surface Water Quality Division to the Director of the Michigan Department of Environmental Quality, see E.R.O. No. 1995-16, compiled at MCL 342.99901 of the Michigan Compiled Laws.
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-SEWAGE-DISPOSAL-AND-WATERWORKS-SYSTEMS - Part Sewage Disposal and Waterworks Systems (324.4101...324.5419) › 451-1994-II-1-SEWAGE-DISPOSAL-AND-WATERWORKS-SYSTEMS-41 - Part 41 Sewerage Systems (324.4101...324.4113) › Section 324.4103 - Sewerage Systems; Inspection by Department.

324.4103 Sewerage systems; inspection by department.
Sec. 4103.
The department may enter at reasonable times the sewerage systems and other property of a person for the purpose of inspecting a sewerage system and carrying out the authority vested in the department by 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-SEWAGE-DISPOSAL-AND-WATERWORKS-SYSTEMS - Part Sewage Disposal and Waterworks Systems (324.4101...324.5419) › 451-1994-II-1-SEWAGE-DISPOSAL-AND-WATERWORKS-SYSTEMS-41 - Part 41 Sewerage Systems (324.4101...324.4113) › Section 324.4106 - Sewage Treatment Works; Reports; False Statement; Penalty.

324.4106 Sewage treatment works; reports; false statement; penalty.
Sec. 4106.
(1) A person who operates a sewage treatment works shall file with the department reports under oath as required by the department. The reports shall be sworn to by a responsible officer or person acquainted with the facts and employed by the person required to report under this part.
(2) A person making a false statement in a report under subsection (1) is guilty of perjury and subject to the penalty for that offense.
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-SEWAGE-DISPOSAL-AND-WATERWORKS-SYSTEMS - Part Sewage Disposal and Waterworks Systems (324.4101...324.5419) › 451-1994-II-1-SEWAGE-DISPOSAL-AND-WATERWORKS-SYSTEMS-41 - Part 41 Sewerage Systems (324.4101...324.4113) › Section 324.4107 - Inspection of Plans and Specifications; Inspection of Sewerage Systems; Recommendations or Orders; Compliance.

324.4107 Inspection of plans and specifications; inspection of sewerage systems; recommendations or orders; compliance.
Sec. 4107.
(1) The department on receipt of plans and specifications for a sewerage system shall inspect them with reference to their adequacy to protect the public health, and if the public water supply of the city or village is impure and dangerous to individuals or to the public generally, he or she shall inspect the sewerage systems or any parts of the sewerage system and the manner of its operation. If upon inspection the department finds the plans and specifications or the sewerage systems are inadequate or operated in a manner that does not adequately protect the public health, he or she may order the person owning or operating the sewerage system to make alterations in the plans and specifications or in the sewerage systems or the method of operation of the sewerage system as may be required or advisable in his or her opinion, in order that the sewage is not potentially prejudicial to the public health.
(2) The recommendations or orders of the department shall be served in writing upon the owner or operator of the sewerage system and the owner and operator shall comply with the recommendations or orders.
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-SEWAGE-DISPOSAL-AND-WATERWORKS-SYSTEMS - Part Sewage Disposal and Waterworks Systems (324.4101...324.5419) › 451-1994-II-1-SEWAGE-DISPOSAL-AND-WATERWORKS-SYSTEMS-41 - Part 41 Sewerage Systems (324.4101...324.4113) › Section 324.4108 - Sewerage System; Planning, Construction and Operation; Cooperation; Compliance; "Private, Investor-Owned Wastewater Utility" Defined.

324.4108 Sewerage system; planning, construction and operation; cooperation; compliance; "private, investor-owned wastewater utility" defined.
Sec. 4108.
(1) The department shall exercise due care to see that sewerage systems are properly planned, constructed, and operated to prevent unlawful pollution of the streams, lakes, and other water resources of the state. The department shall cooperate with appropriate federal or state agencies in the determination of grants of assistance for the preparation of plans or for the construction of waterworks systems, sewerage systems, or waste treatment projects, or both.
(2) The activities of a private, investor-owned wastewater utility shall comply with all applicable provisions of this act, local zoning and other ordinances, and the construction and operation requirements of the federal water pollution control act and the national environmental policy act of 1969, 42 USC 4321, 4331 to 4335, and 4341 to 4347.
(3) As used in this section, "private, investor-owned wastewater utility" means a utility that delivers wastewater treatment services through a sewerage system and the physical assets of which are wholly owned by an individual or group of individual shareholders.
History:
1994, Act 451, Eff. Mar. 30, 1995 ;-- 2005, Act 191, Imd. Eff. Nov. 7, 2005
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-SEWAGE-DISPOSAL-AND-WATERWORKS-SYSTEMS - Part Sewage Disposal and Waterworks Systems (324.4101...324.5419) › 451-1994-II-1-SEWAGE-DISPOSAL-AND-WATERWORKS-SYSTEMS-41 - Part 41 Sewerage Systems (324.4101...324.4113) › Section 324.4109 - Engineers and Other Assistants; Employment.

324.4109 Engineers and other assistants; employment.
Sec. 4109.
The department may employ engineers and other assistants as may be necessary to administer 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-SEWAGE-DISPOSAL-AND-WATERWORKS-SYSTEMS - Part Sewage Disposal and Waterworks Systems (324.4101...324.5419) › 451-1994-II-1-SEWAGE-DISPOSAL-AND-WATERWORKS-SYSTEMS-41 - Part 41 Sewerage Systems (324.4101...324.4113) › Section 324.4111 - Actions Brought by Department.

324.4111 Actions brought by department.
Sec. 4111.
The department may bring an appropriate action in the name of the people of this state as may be necessary to carry out this part and to enforce any and all laws, rules, and regulations relating to 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-SEWAGE-DISPOSAL-AND-WATERWORKS-SYSTEMS - Part Sewage Disposal and Waterworks Systems (324.4101...324.5419) › 451-1994-II-1-SEWAGE-DISPOSAL-AND-WATERWORKS-SYSTEMS-41 - Part 41 Sewerage Systems (324.4101...324.4113) › Section 324.4113 - Infrastructure Construction Fund.

324.4113 Infrastructure construction fund.
Sec. 4113.
(1) The infrastructure construction 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. The department shall be the administrator of the fund for auditing purposes.
(4) The department shall expend money from the fund, upon appropriation, only to administer this part and the safe drinking water act, 1976 PA 399, MCL 325.1001 to 325.1023, including all of the following:
(a) Maintenance of program data.
(b) Development of program-related databases and software.
(c) Compliance assistance, education, and training directly related to this part and the safe drinking water act, 1976 PA 399, MCL 325.1001 to 325.1023.
(d) Program administration activities.
History:
Add. 2006, Act 602, Imd. Eff. Jan. 3, 2007 ;-- Am. 2010, Act 302, Imd. Eff. Dec. 16, 2010 ;-- Am. 2018, Act 237, Eff. Sept. 25, 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-SEWAGE-DISPOSAL-AND-WATERWORKS-SYSTEMS - Part Sewage Disposal and Waterworks Systems (324.4101...324.5419) › 451-1994-II-1-SEWAGE-DISPOSAL-AND-WATERWORKS-SYSTEMS-43 - Part 43 Waterworks Systems, Sewers, and Disposal Plants (324.4301...324.4312) › Section 324.4302 - Waterworks Systems, Sewers, and Disposal Plants; Mortgage Bonds.

324.4302 Waterworks systems, sewers, and disposal plants; mortgage bonds.
Sec. 4302.
(1) The waterworks system, intercepting sewers, pumping stations, sewage disposal plant and system, transfer station, and garbage and refuse processing or disposal plant and system, are public utilities within the meaning of any constitutional or statutory provisions for the purpose of acquiring, purchasing, owning, operating, constructing, equipping, and maintaining the waterworks system, intercepting sewers, pumping stations, sewage disposal plant and system, transfer station, and garbage and refuse processing or disposal plant and system. A local unit of government may issue full faith and credit bonds or mortgage bonds for the purposes described in this part beyond the general limits of the bonded indebtedness prescribed by law except as provided in this section. The mortgage bonds as provided in this section shall not impose any general liability upon the local unit of government but shall be secured only on the property and revenues of the utility as provided in this section, including a franchise, stating the terms upon which the purchaser may operate the utility in case of foreclosure. The franchise shall not extend for a longer period than 20 years from the date of the sale on foreclosure. The total amount of mortgage bonds shall not exceed 60% of the original cost of the utility except as provided in this section. Bonds shall not be issued as general obligations of the local unit of government except upon a 3/5 affirmative vote of the qualified electors of the local unit of government and except as provided in this section, not in excess of 3% of the assessed valuation of the real and personal property of the local unit of government as shown by the last preceding tax roll. Bonds shall not be issued as full faith and credit bonds or mortgage bonds of the utility except upon a 3/5 affirmative vote of the legislative body of the local unit of government.
(2) Revenue bonds issued under this section are subject to the revenue bond act of 1933, 1933 PA 94, MCL 141.101 to 141.140.
(3) Except for revenue bonds described in subsection (2), all other bonds and notes issued under this section are subject to the revised municipal finance act, 2001 PA 34, MCL 141.2101 to 141.2821.
History:
1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 2002, Act 327, Imd. Eff. May 23, 2002
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-SEWAGE-DISPOSAL-AND-WATERWORKS-SYSTEMS - Part Sewage Disposal and Waterworks Systems (324.4101...324.5419) › 451-1994-II-1-SEWAGE-DISPOSAL-AND-WATERWORKS-SYSTEMS-43 - Part 43 Waterworks Systems, Sewers, and Disposal Plants (324.4301...324.4312) › Section 324.4303 - Waterworks Systems, Sewers, and Disposal Plants; Supervision and Control by Local Units of Government; Rules; Establishment, Certification, and Assessment of Rates or Charges.

324.4303 Waterworks systems, sewers, and disposal plants; supervision and control by local units of government; rules; establishment, certification, and assessment of rates or charges.
Sec. 4303.
The legislative body of a local unit of government or the respective legislative bodies of the local units of government who have agreed to jointly own and operate waterworks systems, intercepting sewers, or sewage treatment plants, may create a separate board or may designate certain officials of the local unit or units of government to have the supervision and control of the waterworks systems, intercepting sewers, transfer stations, or sewage and refuse and garbage processing or disposal plants. The legislative body, respective legislative bodies, or the board may make all necessary rules governing the use, operation, and control of the facilities and systems. The legislative body or respective legislative bodies may establish just and equitable rates or charges to be paid to them for the use of the waterworks system or disposal or processing plant and system by each person whose premises are served, and the rates or charges may be certified to the tax assessor and assessed against the premises served and collected or returned in the same manner as other county or municipal taxes are certified, assessed, collected, and returned.
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-SEWAGE-DISPOSAL-AND-WATERWORKS-SYSTEMS - Part Sewage Disposal and Waterworks Systems (324.4101...324.5419) › 451-1994-II-1-SEWAGE-DISPOSAL-AND-WATERWORKS-SYSTEMS-43 - Part 43 Waterworks Systems, Sewers, and Disposal Plants (324.4301...324.4312) › Section 324.4304 - Mortgage Bonds; Manner of Payment; Sinking Fund.

324.4304 Mortgage bonds; manner of payment; sinking fund.
Sec. 4304.
Bonds that are issued and secured by a mortgage on the utility as provided in this part shall not be a general obligation of the local unit of government, but shall be paid only out of revenues received from the service charges as provided in section 4303 or from a sale of the property and franchises under a foreclosure of the mortgage. If a service rate is charged, a sufficient portion shall be set aside as a sinking fund for the payment of the interest on the bonds and the principal of the bonds at maturity.
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-SEWAGE-DISPOSAL-AND-WATERWORKS-SYSTEMS - Part Sewage Disposal and Waterworks Systems (324.4101...324.5419) › 451-1994-II-1-SEWAGE-DISPOSAL-AND-WATERWORKS-SYSTEMS-43 - Part 43 Waterworks Systems, Sewers, and Disposal Plants (324.4301...324.4312) › Section 324.4305 - Sewers and Disposal Plants; Granting Franchise to Private Corporation.

324.4305 Sewers and disposal plants; granting franchise to private corporation.
Sec. 4305.
Instead of owning and operating a sewer system and sewage disposal plant, transfer station, garbage or refuse collection, processing, and disposal plant or system as provided in section 4301, a local unit of government may grant a franchise for a period not to exceed 30 years to a private corporation organized under, or authorized by, the laws of this state to engage in such business, to build, construct, own, and operate a sewage or garbage and refuse processing or disposal system for the purpose of receiving and treating sewage and night soil, refuse, and garbage from the local unit or units of government. The franchise may authorize the corporation to charge each person owning property, from which the sewage, refuse, or garbage is received, a fee determined to be reasonable by the public service commission of this state, upon proper application made either by the corporation or local unit or units of government, and after holding a public hearing. The franchise may also grant to the corporation the right and privilege to provide collection services and to lay all intercepting and other sewers and connecting pipes in the streets and public alleys of the local unit or units of government as are necessary to receive, transfer, and conduct the sewage, garbage, or refuse to the processing or disposal plant and under reasonable rules, regulations, and supervision as are established by the local unit or units of government. The franchise is void unless approved by 3/5 of the electors of the local unit or units of government voting at a general or special election. This franchise shall not duplicate existing private solid waste management services or facilities that have been developed under part 115.
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-SEWAGE-DISPOSAL-AND-WATERWORKS-SYSTEMS - Part Sewage Disposal and Waterworks Systems (324.4101...324.5419) › 451-1994-II-1-SEWAGE-DISPOSAL-AND-WATERWORKS-SYSTEMS-43 - Part 43 Waterworks Systems, Sewers, and Disposal Plants (324.4301...324.4312) › Section 324.4306 - Contract to Receive, Treat, Transfer, and Process Sewage, Night Soil, Garbage, and Refuse; Charges.

324.4306 Contract to receive, treat, transfer, and process sewage, night soil, garbage, and refuse; charges.
Sec. 4306.
The local unit or units of government may enter into a contract with a person to receive, treat, transfer, and process in the manner provided in this part, the sewage, night soil, garbage, and refuse of the local unit or units of government. The contract may authorize the person to charge the owners of the premises served a service rate determined by the local unit or units of government to be just and reasonable, or the local unit or units of government may contract to pay a flat rate for the service, paid out of their general fund or funds, or assess the owners of the property served a reasonable charge to be collected as provided in this part and paid into a fund to be used to defray the contract charges.
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-SEWAGE-DISPOSAL-AND-WATERWORKS-SYSTEMS - Part Sewage Disposal and Waterworks Systems (324.4101...324.5419) › 451-1994-II-1-SEWAGE-DISPOSAL-AND-WATERWORKS-SYSTEMS-43 - Part 43 Waterworks Systems, Sewers, and Disposal Plants (324.4301...324.4312) › Section 324.4308 - Waterworks Systems, Sewers, or Disposal Systems; Court Order; Plans and Specifications; Authorization and Issuance of Bonds.

324.4308 Waterworks systems, sewers, or disposal systems; court order; plans and specifications; authorization and issuance of bonds.
Sec. 4308.
If an order is made by a court of competent jurisdiction pursuant to this part, the fact that the order was issued shall be recited in the official minutes of the legislative body or the respective legislative bodies. The body or bodies shall require that plans and specifications be prepared for a waterworks, sewage, garbage, or refuse transfer, processing, or disposal system, including the necessary other facilities. After the plans are approved by the legislative body or respective legislative bodies, they shall be submitted to the department of public health or the department for approval. If the plans are approved, the legislative body or respective legislative bodies shall authorize the issuance and sale of the necessary bonds to construct the proposed system or facilities in accordance with the approved plans.
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-SEWAGE-DISPOSAL-AND-WATERWORKS-SYSTEMS - Part Sewage Disposal and Waterworks Systems (324.4101...324.5419) › 451-1994-II-1-SEWAGE-DISPOSAL-AND-WATERWORKS-SYSTEMS-43 - Part 43 Waterworks Systems, Sewers, and Disposal Plants (324.4301...324.4312) › Section 324.4309 - Construction of Part.

324.4309 Construction of part.
Sec. 4309.
The authority given by this part is in addition to and not in derogation of any power existing in any of the local units of government under any statutory or charter provisions which they may now have or may adopt.
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-SEWAGE-DISPOSAL-AND-WATERWORKS-SYSTEMS - Part Sewage Disposal and Waterworks Systems (324.4101...324.5419) › 451-1994-II-1-SEWAGE-DISPOSAL-AND-WATERWORKS-SYSTEMS-43 - Part 43 Waterworks Systems, Sewers, and Disposal Plants (324.4301...324.4312) › Section 324.4310 - Waterworks Systems, Sewers, or Disposal Plants; Court Proceedings.

324.4310 Waterworks systems, sewers, or disposal plants; court proceedings.
Sec. 4310.
Proceedings under this part shall be taken only in a court of competent jurisdiction in the county in which the proposed waterworks system, interceptors, sewage, garbage, or refuse transfer, processing, or disposal plants are to be constructed.
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-SEWAGE-DISPOSAL-AND-WATERWORKS-SYSTEMS - Part Sewage Disposal and Waterworks Systems (324.4101...324.5419) › 451-1994-II-1-SEWAGE-DISPOSAL-AND-WATERWORKS-SYSTEMS-43 - Part 43 Waterworks Systems, Sewers, and Disposal Plants (324.4301...324.4312) › Section 324.4311 - Waterworks Systems, Sewers, or Disposal Plants; Agreements Between Local Units of Government and Municipalities as to Bonds.

324.4311 Waterworks systems, sewers, or disposal plants; agreements between local units of government and municipalities as to bonds.
Sec. 4311.
If considered expedient for the safety and health of the people, local units of government may enter into agreement with each other to raise money and issue bonds to erect and maintain waterworks systems, intercepting sewers, sewage treatment plants, or garbage or refuse transfer, processing, or disposal systems.
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-SEWAGE-DISPOSAL-AND-WATERWORKS-SYSTEMS - Part Sewage Disposal and Waterworks Systems (324.4101...324.5419) › 451-1994-II-1-SEWAGE-DISPOSAL-AND-WATERWORKS-SYSTEMS-43 - Part 43 Waterworks Systems, Sewers, and Disposal Plants (324.4301...324.4312) › Section 324.4312 - Local Units of Government; Contract Power; Approval.

324.4312 Local units of government; contract power; approval.
Sec. 4312.
If local units of government desire to act under this part, the relationship established between such local units of government shall be fixed by contract and such contracts may be made by local units of government under this part in a manner and to the extent that natural persons might make contracts for like purposes. Such contracts before becoming operative shall be approved by a vote of the majority of the members elect of each of the respective legislative bodies of the local units of government operating 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-SEWAGE-DISPOSAL-AND-WATERWORKS-SYSTEMS - Part Sewage Disposal and Waterworks Systems (324.4101...324.5419) › 451-1994-II-1-SEWAGE-DISPOSAL-AND-WATERWORKS-SYSTEMS-45 - Part 45 Bonds for Prevention and Abatement of Water Pollution (324.4501...324.4511) › Section 324.4501 - “Municipality” Defined.

324.4501 “Municipality” defined.
Sec. 4501.
The term "municipality" or "municipalities" as used in this part means and includes a county, city, village, township, school district, metropolitan district, port district, drainage district, authority, or other governmental authority, agency, or department within or of the state with power to acquire, construct, improve, or operate facilities for the prevention or abatement of water pollution, or any combination of such governmental agencies.
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-SEWAGE-DISPOSAL-AND-WATERWORKS-SYSTEMS - Part Sewage Disposal and Waterworks Systems (324.4101...324.5419) › 451-1994-II-1-SEWAGE-DISPOSAL-AND-WATERWORKS-SYSTEMS-45 - Part 45 Bonds for Prevention and Abatement of Water Pollution (324.4501...324.4511) › Section 324.4502 - Legislative Determinations.

324.4502 Legislative determinations.
Sec. 4502.
The legislature hereby determines all of the following:
(a) That it is essential for the public health, safety, and welfare of the state and the residents of the state to undertake a complete program of construction of facilities to abate and prevent pollution of the water in and adjoining the state, the program to be undertaken by the state in cooperation with any municipalities and with such aid from the United States government or its agencies as is available.
(b) That abating and preventing pollution of the water in and adjoining the state is essential to the encouragement of business, industrial, agricultural, and recreational activities within the state.
(c) That the encouragement of business, industrial, agricultural, and recreational activities in the state by abating and preventing pollution of the water in and adjoining the state will benefit the economy of the state by encouraging businesses and industries to locate or expand within the state in order to provide more employment within the state.
(d) That abating and preventing pollution of the water in and adjoining the state is in furtherance of the purpose and the public policy of the state as expressed in sections 51 and 52 of article IV of the state constitution of 1963 and to carry out the remaining unfunded portions of the program for which electors of the state authorized the issuance of general obligation bonds.
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-SEWAGE-DISPOSAL-AND-WATERWORKS-SYSTEMS - Part Sewage Disposal and Waterworks Systems (324.4101...324.5419) › 451-1994-II-1-SEWAGE-DISPOSAL-AND-WATERWORKS-SYSTEMS-45 - Part 45 Bonds for Prevention and Abatement of Water Pollution (324.4501...324.4511) › Section 324.4503 - Bond Issuance; Authorization; Amount; Purpose.

324.4503 Bond issuance; authorization; amount; purpose.
Sec. 4503.
The state shall borrow the sum of $335,000,000.00 and issue the general obligation bonds of the state, pledging the faith and credit of the state for the payment of the principal and interest on the bonds, for the purpose of providing money for the planning, acquisition, and construction of facilities for the prevention and abatement of water pollution, consisting of trunk and interceptor sewers, sewage treatment plants and facilities, improvements and additions to existing sewage treatment plants and facilities, and such other structures, devices, or facilities as will prevent or abate water pollution, and for the making of grants, loans, and advances to municipalities, in accordance with conditions, methods, and procedures established by law.
History:
Add. 1995, Act 60, Imd. Eff. May 24, 1995
Popular Name:
Act 451
Popular Name:
NREPA