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-SEWAGE-DISPOSAL-AND-WATERWORKS-SYSTEMS - Part Sewage Disposal and Waterworks Systems (324.4101...324.5419) › 451-1994-II-1-SEWAGE-DISPOSAL-AND-WATERWORKS-SYSTEMS-50 - Part 50 Water Asset Management Council (324.5001...324.5008) › Section 324.5006 - State Funding; Capital Improvement Program; Report.

324.5006 State funding; capital improvement program; report.
Sec. 5006.
(1) State funding may be provided to asset owners to implement this part as determined by the water asset management council. Funding necessary for the department to support the activities described in this section shall be provided by an annual appropriation.
(2) Each asset owner shall annually report to the water asset management council, consistent with current accounting procedures, how its capital improvement program for assets included in any asset management plans required under section 5004 are meeting its investment goals in a form established by the water asset management council.
(3) The department and each asset owner shall keep accurate and uniform records on all work performed and funds expended for the purposes of this section, according to the procedures developed by the Michigan infrastructure council.
(4) The water asset management council shall annually prepare a report on the activities conducted during the preceding year and the expenditure of funds related to the processes and activities identified by the water asset management council. The report shall also include an overview of the activities identified for the succeeding year. The water asset management council shall submit this report to the Michigan infrastructure council and the legislature by May 2 of each year.
History:
Add. 2018, Act 324, Imd. Eff. July 2, 2018
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-50 - Part 50 Water Asset Management Council (324.5001...324.5008) › Section 324.5007 - Training Needs; Multi-Asset Management System.

324.5007 Training needs; multi-asset management system.
Sec. 5007.
(1) The water asset management council shall identify training needs to develop proficiency in using a multi-asset management system for asset owners, and training to identify asset system conditions based on a statewide asset condition measure.
(2) The water asset management council shall coordinate and collaborate with the transportation asset management council on planning, reporting, and training. The water asset management council shall collaborate with the transportation asset management council created in section 9a of 1951 PA 51, MCL 247.659a, on potential coordination in the submission of asset management plans.
History:
Add. 2018, Act 324, Imd. Eff. July 2, 2018
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-50 - Part 50 Water Asset Management Council (324.5001...324.5008) › Section 324.5008 - Central Data Storing Agency.

324.5008 Central data storing agency.
Sec. 5008.
The department of technology, management, and budget shall serve as the central data storage agency for purposes of collecting, storing, and maintaining data under this part.
History:
Add. 2018, Act 324, Imd. Eff. July 2, 2018
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-51 - Part 51 Wastewater Disposal (324.5101...324.5103) › Section 324.5101 - “Land Disposal Wastewater Management Program” Defined.

324.5101 “Land disposal wastewater management program” defined.
Sec. 5101.
As used in this part, "land disposal wastewater management program" means the program developed in the United States army corps of engineers southeastern Michigan survey scope wastewater management study, as authorized by section 102 of title I of the federal water pollution control act, chapter 758, 86 Stat. 817, 33 U.S.C. 1252, and the resolution of the United States house of representatives public works committee and the United States senate public works committee or any other study by the corps of engineers proposing disposal of municipal wastewater on land.
History:
1994, Act 451, Eff. Mar. 30, 1995
Compiler's Notes:
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 324.99901 of the Michigan Compiled Laws.For transfer of authority, powers, duties, functions, and responsibilities of the Waste Management Division 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.
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-51 - Part 51 Wastewater Disposal (324.5101...324.5103) › Section 324.5102 - Submission of Views as to Environmental Consequences, Cost Effectiveness, and Social Acceptability of Program.

324.5102 Submission of views as to environmental consequences, cost effectiveness, and social acceptability of program.
Sec. 5102.
Upon receipt of a proposal to implement a land disposal wastewater management program as defined in this part by a federal, state, or local unit of government, the department shall submit to the governor, the legislature, and local units of government its views as to the environmental consequences, cost effectiveness, and social acceptability of the program. The department of agriculture shall present its views to the governor, the legislature, and local units of government regarding the impact of the program on agriculture.
History:
1994, Act 451, Eff. Mar. 30, 1995
Compiler's Notes:
For transfer of authority, powers, duties, functions, and responsibilities of the Waste Management Division 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.
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-51 - Part 51 Wastewater Disposal (324.5101...324.5103) › Section 324.5103 - Implementation of Program; Approval or Disapproval.

324.5103 Implementation of program; approval or disapproval.
Sec. 5103.
Upon receipt of the views of the department and the department of agriculture, the local units of government shall either approve or disapprove by resolution, and the legislature shall either approve or disapprove by concurrent resolution, the implementation of the program.
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-52 - Part 52 Strategic Water Quality Initiatives (324.5201...324.5206) › Section 324.5203 - Loan Application by Municipality; Process; Agreement; Disposition of Money Received as Repayment.

324.5203 Loan application by municipality; process; agreement; disposition of money received as repayment.
Sec. 5203.
(1) A municipality that wishes to apply for a loan shall submit a loan application to the department as follows:
(a) In compliance with the application requirements provided in part 53, for activities described in section 5202(1)(a) or (b).
(b) On a form approved by the department, for activities described in section 5202(1)(c) or (d).
(2) The department shall process the loan applications submitted under this part.
(3) Prior to releasing a loan, the authority in consultation with the department shall enter into a loan agreement with the loan recipient.
(4) All money that is received for the repayment of a loan shall be forwarded to the state treasurer for deposit into the fund.
History:
Add. 2002, Act 397, Eff. Nov. 5, 2002 ;-- Am. 2012, Act 511, Eff. Jan. 2, 2013
Compiler's Notes:
Enacting section 2 of Act 397 of 2002 provides:“Enacting section 2. This amendatory act does not take effect unless the question provided for in the Great Lakes water quality bond authorization act is approved by a majority of the registered electors voting on the question at the November 2002 general election.”Act 396 of 2002, the Great Lakes water quality bond authorization act, which was approved by the Governor on May 29, 2002, and filed with the Secretary of State on May 30, 2002, provided that bonds “shall not be issued under this act unless the question set forth in section 5 [MCL 324.95205] is approved by a majority vote of the registered electors voting on the question.” In accordance with Const 1963, art 9, sec 15, the question of borrowing a sum of not to exceed $1,000,000,000.00 and the issuance of general obligation bonds of the state for the purposes set forth in the act was submitted to, and approved by, the qualified electors of the state as Proposal 02-2 at the November 5, 2002, general election.
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-52 - Part 52 Strategic Water Quality Initiatives (324.5201...324.5206) › Section 324.5204c - Nonpoint Source Water Pollution; Brownfield Redevelopment Grants and Loans to Municipalities and Brownfield Redevelopment Authorities; Development of Materials; Applications.

324.5204c Nonpoint source water pollution; brownfield redevelopment grants and loans to municipalities and brownfield redevelopment authorities; development of materials; applications.
Sec. 5204c.
(1) The department may expend $10,000,000.00 of money from the fund to provide brownfield redevelopment grants and loans to municipalities and brownfield redevelopment authorities created under the brownfield redevelopment financing act, 1996 PA 381, MCL 125.2651 to 125.2672, for response activities to address nonpoint source water pollution at facilities. Of the money expended under this section, $5,000,000.00 shall be used for grants and $5,000,000.00 shall be used for loans. However, on September 30, 2014, if any money described in this section has not been appropriated for the purposes of this section, that money may be used for the purposes of section 5204b.
(2) The department shall develop grant and loan application materials to implement this section and shall accept applications at any time throughout the year.
History:
Add. 2010, Act 232, Imd. Eff. Dec. 14, 2010
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-52 - Part 52 Strategic Water Quality Initiatives (324.5201...324.5206) › Section 324.5204d - Grant Program Within Strategic Water Quality Initiatives Fund; Establishment; Purpose.

324.5204d Grant program within strategic water quality initiatives fund; establishment; purpose.
Sec. 5204d.
The state may establish a grant program within the strategic water quality initiatives fund for the purpose of funding specific wastewater treatment facility infrastructure improvement projects designed to prevent chronic discharges and projected to have significant regional benefits to Great Lakes water quality and recreational opportunities.
History:
Add. 2010, Act 232, Imd. Eff. Dec. 14, 2010 ;-- Am. Act 132, Imd. Eff. June 30, 2022
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-52 - Part 52 Strategic Water Quality Initiatives (324.5201...324.5206) › Section 324.5205 - Rules.

324.5205 Rules.
Sec. 5205.
The department may promulgate rules to implement this part.
History:
Add. 2002, Act 397, Eff. Nov. 5, 2002
Compiler's Notes:
Enacting section 2 of Act 397 of 2002 provides:“Enacting section 2. This amendatory act does not take effect unless the question provided for in the Great Lakes water quality bond authorization act is approved by a majority of the registered electors voting on the question at the November 2002 general election.”Act 396 of 2002, the Great Lakes water quality bond authorization act, which was approved by the Governor on May 29, 2002, and filed with the Secretary of State on May 30, 2002, provided that bonds “shall not be issued under this act unless the question set forth in section 5 [MCL 324.95205] is approved by a majority vote of the registered electors voting on the question.” In accordance with Const 1963, art 9, sec 15, the question of borrowing a sum of not to exceed $1,000,000,000.00 and the issuance of general obligation bonds of the state for the purposes set forth in the act was submitted to, and approved by, the qualified electors of the state as Proposal 02-2 at the November 5, 2002, general election.
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-52 - Part 52 Strategic Water Quality Initiatives (324.5201...324.5206) › Section 324.5206 - Legislative Findings.

324.5206 Legislative findings.
Sec. 5206.
The legislature finds and declares that the environmental, natural resources, and water quality protection programs implemented under this part are a public purpose and of paramount public concern in the interest of the health, safety, and general welfare of the citizens of this state.
History:
Add. 2002, Act 397, Eff. Nov. 5, 2002
Compiler's Notes:
Enacting section 2 of Act 397 of 2002 provides:“Enacting section 2. This amendatory act does not take effect unless the question provided for in the Great Lakes water quality bond authorization act is approved by a majority of the registered electors voting on the question at the November 2002 general election.”Act 396 of 2002, the Great Lakes water quality bond authorization act, which was approved by the Governor on May 29, 2002, and filed with the Secretary of State on May 30, 2002, provided that bonds “shall not be issued under this act unless the question set forth in section 5 [MCL 324.95205] is approved by a majority vote of the registered electors voting on the question.” In accordance with Const 1963, art 9, sec 15, the question of borrowing a sum of not to exceed $1,000,000,000.00 and the issuance of general obligation bonds of the state for the purposes set forth in the act was submitted to, and approved by, the qualified electors of the state as Proposal 02-2 at the November 5, 2002, general election.
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-53 - Part 53 Clean Water Assistance (324.5301...324.5317) › Section 324.5302 - Construction of Part; Broad Interpretation of Powers; Prohibited Grants or Loans; Liability for Costs.

324.5302 Construction of part; broad interpretation of powers; prohibited grants or loans; liability for costs.
Sec. 5302.
(1) This part must be construed liberally to effectuate the legislative intent. All powers granted under this part must be broadly interpreted to effectuate the intent and purposes of this part and must not be interpreted as a limitation of powers.
(2) Except as may be authorized by the federal water pollution control act, the fund must not provide grant assistance to a municipality or provide loans for the local share of projects constructed with grants provided under title II of the federal water pollution control act, 33 USC 1281, 1282 to 1293, and 1294 to 1302f.
(3) This state is not liable to a municipality, or any other person performing services for the municipality, for costs incurred in developing or submitting an application for assistance under this part.
History:
1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. Act 132, Imd. Eff. June 30, 2022
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 at MCL 324.99901 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-53 - Part 53 Clean Water Assistance (324.5301...324.5317) › Section 324.5303a - Scoring Criteria for the Prioritization of Projects; Departmental Duties.

324.5303a Scoring criteria for the prioritization of projects; departmental duties.
Sec. 5303a.
(1) The department shall develop scoring criteria that assign points to and prioritize projects under section 5303 and definitions of overburdened community and significantly overburdened community. In developing scoring criteria and the definitions under this subsection, the department shall do all of the following:
(a) Consult with members of statewide local government associations and drinking water, wastewater, stormwater, and environmental organizations regarding the content of the scoring criteria and definitions.
(b) Publish, hold at least 1 public hearing, and allow for public comment.
(c) Review the scoring criteria and definitions not more than once every 3 years, unless otherwise directed by the United States Environmental Protection Agency.
(d) Publish, hold at least 1 public hearing, and allow for public comment on any changes made after a review under subdivision (c).
(2) The scoring criteria developed under subsection (1) must address the following:
(a) Wastewater regulatory compliance.
(b) Public health.
(c) Achieving water quality standards.
(d) Improving infrastructure.
(e) Impacts on overburdened communities and significantly overburdened communities.
(3) The definitions of overburdened community and significantly overburdened community developed under subsection (1) must address the following:
(a) Income and unemployment data.
(b) Population trends.
(c) Housing costs and values.
(d) Annual user costs, allocation of costs across customer classes, and historical and projected trends in user costs.
(e) Existing public health, environmental, and affordability impacts.
(f) Other data considered relevant by the department.
History:
Add. 2022, Act 132, Imd. Eff. June 30, 2022
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-53 - Part 53 Clean Water Assistance (324.5301...324.5317) › Section 324.5304 - Assistance; Requirements.

324.5304 Assistance; requirements.
Sec. 5304.
Subject to sections 5309 and 5310, assistance provided to municipalities to construct sewage treatment works projects, stormwater projects, and nonpoint source projects shall be in accordance with all of the following:
(a) Assistance for approved sewage treatment works projects and stormwater treatment projects shall be provided for projects in the fundable range of the priority list developed pursuant to 5303, and to other projects that may become fundable pursuant to section 5310.
(b) Assistance for approved qualified nonpoint source projects shall be provided for projects in the fundable range of the priority list developed pursuant to section 5303. The director shall annually allocate at least 2% of the available funds to the extent needed to provide assistance to projects on the nonpoint source priority list. If these funds are not awarded, the allocation shall revert to provide assistance to projects on the sewage treatment works priority list.
History:
1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 2002, Act 397, Eff. Nov. 5, 2002
Compiler's Notes:
Enacting section 2 of Act 397 of 2002 provides:“Enacting section 2. This amendatory act does not take effect unless the question provided for in the Great Lakes water quality bond authorization act is approved by a majority of the registered electors voting on the question at the November 2002 general election.”Act 396 of 2002, the Great Lakes water quality bond authorization act, which was approved by the Governor on May 29, 2002, and filed with the Secretary of State on May 30, 2002, provided that bonds “shall not be issued under this act unless the question set forth in section 5 [MCL 324.95205] is approved by a majority vote of the registered electors voting on the question.” In accordance with Const 1963, art 9, sec 15, the question of borrowing a sum of not to exceed $1,000,000,000.00 and the issuance of general obligation bonds of the state for the purposes set forth in the act was submitted to, and approved by, the qualified electors of the state as Proposal 02-2 at the November 5, 2002, general election.
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-53 - Part 53 Clean Water Assistance (324.5301...324.5317) › Section 324.5305 - Descriptions and Timetables for Actions.

324.5305 Descriptions and timetables for actions.
Sec. 5305.
The department shall provide written descriptions and timetables for actions required under this part, including the intended use plan developed under section 5306, and may provide to municipalities that request assistance in writing other information that the department considers appropriate.
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-53 - Part 53 Clean Water Assistance (324.5301...324.5317) › Section 324.5306 - Intended Use Plan; Preparation and Submission; Purpose; Public Participation; Contents of Plan; Notice of Approval; Notification of Municipality; Information to Be Provided; Schedule.

324.5306 Intended use plan; preparation and submission; purpose; public participation; contents of plan; notice of approval; notification of municipality; information to be provided; schedule.
Sec. 5306.
(1) The department shall prepare and submit an intended use plan annually to identify proposed annual intended uses of the fund, and to facilitate the negotiation process that the department may conduct with the United States Environmental Protection Agency for the capitalization grant agreement and schedule of payments to be made to this state under the federal water pollution control act.
(2) The department must allow for a public participation process that requires not less than 1 public hearing for the intended use plan by publishing a draft of the intended use plan on the department's website at least 14 days before a final intended use plan is submitted under subsection (1). The intended use plan must describe and identify all of the following:
(a) Additional subsidization that will be allocated to projects.
(b) The projects that will receive additional subsidization identified under subdivision (a).
(c) The reasons why a project will receive additional subsidization.
(3) Upon notice from the United States Environmental Protection Agency that the intended use plan is approved, the department shall notify each municipality of its inclusion on the intended use plan and shall provide copies of the sewage treatment works projects and stormwater management projects priority list, the nonpoint source project priority list, and the intended use plan to any person that requests that information. Following notification under this subsection, the department shall establish, with the concurrence of the municipality, a schedule for planning document approval, submittal of a completed application for assistance, and approval of plans and specifications.
History:
1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. Act 132, Imd. Eff. June 30, 2022
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-53 - Part 53 Clean Water Assistance (324.5301...324.5317) › Section 324.5307 - Project Planning Documents; Review; Approval or Disapproval; Extension of Review Period; Notice of Deficiencies; Review of Subsequent Submittals.

324.5307 Project planning documents; review; approval or disapproval; extension of review period; notice of deficiencies; review of subsequent submittals.
Sec. 5307.
(1) The department shall review, generally in priority order, any planning documents for projects in the fundable range and either approve or disapprove a planning document within 120 days after notifying the municipality of its inclusion in the intended use plan submitted under section 5306. Upon determination by the department that a project is complex and warrants additional review, the department shall notify the municipality and may extend the review period described in this subsection for not more than 60 days.
(2) If a planning document is disapproved, the department shall notify the municipality of any deficiencies that need to be corrected. The municipality shall correct any deficiencies and submit an amended planning document to the department within 45 days after receiving notice under this subsection.
(3) The department shall review subsequent submittals and either approve or disapprove an amended planning document within 90 days after the amended planning document is submitted.
(4) If an amended planning document is not approved, the department shall notify the municipality of the deficiencies.
History:
1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. Act 132, Imd. Eff. June 30, 2022
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-53 - Part 53 Clean Water Assistance (324.5301...324.5317) › Section 324.5309 - Segmentation of a Project.

324.5309 Segmentation of a project.
Sec. 5309.
When the department prepares the priority list under section 5303, to ensure that a disproportionate share of available funds for a given fiscal year is not committed to a single project, the department may segment a project if the cost of the proposed project is more than 30% of the amount available in the fund.
History:
1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. Act 132, Imd. Eff. June 30, 2022
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-53 - Part 53 Clean Water Assistance (324.5301...324.5317) › Section 324.5310 - Project Subject to Bypass; Notice to Municipality; Extension of Schedule; Effect of Bypass.

324.5310 Project subject to bypass; notice to municipality; extension of schedule; effect of bypass.
Sec. 5310.
(1) The department may bypass a project that fails to meet the schedule established under section 5306, or that does not have an approved planning document and application 90 days before the last day of the fiscal year, whichever comes first. The department must provide a municipality with written notice of the department's intent to bypass not less than 30 days before a project is bypassed under this section.
(2) If demand exceeds funding availability, a municipality may submit a written request to the department to extend the schedule established under section 5306 for not more than 60 days. A municipality must include in its written request the reason or reasons for its noncompliance with the schedule. A municipality may submit 1 additional written request to the department to extend the schedule established under section 5306 for not more than 30 days.
(3) A project bypassed under this section must not be considered for an order of approval until all other projects in the fundable range have been funded or rejected. This section does not prohibit the inclusion of the project in the priority list of the next annual funding cycle or the resubmission of an application for assistance in the next annual funding cycle.
(4) A bypass action under this section does not modify any compliance dates established in a permit, order, or other document issued by the department or entered as part of an action brought by this state or a federal agency.
(5) After a project is bypassed under this section, the department may award assistance to projects outside the fundable range. The department shall make assistance available to projects outside the fundable range in priority order contingent on the municipality's satisfaction of all applicable requirements for assistance under section 5308 within the time period established by the department, but not to exceed 60 days from the date of notice of bypass. The department shall notify a municipality with a project outside the fundable range of bypass action, of the amount of the bypassed funds available for obligation, and of the deadline for submitting a complete, approvable application.
History:
1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. Act 132, Imd. Eff. June 30, 2022
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-53 - Part 53 Clean Water Assistance (324.5301...324.5317) › Section 324.5311 - Order of Approval; Certification of Eligibility; Establishment of Interest Rates.

324.5311 Order of approval; certification of eligibility; establishment of interest rates.
Sec. 5311.
(1) The department shall review a complete application for assistance for a project in the fundable range. If the department approves the application for assistance, the department shall issue, subject to section 5310, an order of approval to establish the specific terms of the assistance. The order of approval must include, but is not limited to, all of the following:
(a) The term of the assistance.
(b) The maximum principal amount of the assistance.
(c) The maximum rate of interest or method of calculation of the rate of interest that will be used, or the premium charged.
(2) The order of approval must incorporate all requirements, provisions, or information included in the application and other documents submitted to the department during the application process.
(3) After issuance of the order, the department shall certify to the authority that the municipality is eligible to receive assistance.
(4) The department shall annually establish the interest rates to be assessed for projects receiving assistance under this part. In establishing interest rates under this section, the department may provide for a different level of subsidy. The interest rates must be in effect for loans made during the next state fiscal year.
History:
1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. Act 132, Imd. Eff. June 30, 2022
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-53 - Part 53 Clean Water Assistance (324.5301...324.5317) › Section 324.5312 - Termination of Assistance; Determination; Causes; Notice; Repayment of Outstanding Loan Balance; Requirements Under State or Federal Law.

324.5312 Termination of assistance; determination; causes; notice; repayment of outstanding loan balance; requirements under state or federal law.
Sec. 5312.
(1) The department may make a determination that assistance should be terminated and may issue an order recommending that the authority take appropriate action to terminate assistance.
(2) Cause for making a determination under subsection (1) includes, but is not limited to, 1 or more of the following:
(a) Substantial failure to comply with the terms and conditions of the agreement providing assistance.
(b) A legal finding or determination that the assistance was obtained by fraud.
(c) Practices in the administration of the project that are illegal or that may impair the successful completion or organization of the project.
(d) Misappropriation of assistance for uses other than those set forth in the agreement providing assistance.
(3) The department shall give written notice to the municipality by certified letter of the intent to issue an order recommending that assistance be terminated. This notification must be issued not less than 30 days before the department forwards the order recommending that the authority take appropriate action to terminate assistance.
(4) The termination of assistance by the authority shall not excuse or otherwise affect the municipality's requirement for repayment of the outstanding loan balance to the fund.
(5) Termination of assistance under this section does not relieve the municipality of any requirements that may exist under state or federal law to construct the project.
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-53 - Part 53 Clean Water Assistance (324.5301...324.5317) › Section 324.5313 - Petition; Orders; Repayment of Outstanding Loan Balance; Requirements Under State or Federal Law.

324.5313 Petition; orders; repayment of outstanding loan balance; requirements under state or federal law.
Sec. 5313.
(1) A municipality may petition the department to make a determination and issue an order under section 5312(1) for cause.
(2) The department may issue an order to terminate the project for cause that is effective on the date the project ceases activities.
(3) Subject to the termination of assistance by the authority and payment of any appropriate termination settlement costs, the department shall issue an order to the authority recommending appropriate action.
(4) The termination of assistance by the authority shall not excuse or otherwise affect the municipality's requirement for repayment of the outstanding loan balance to the fund.
(5) Termination of the loan under this section does not relieve the municipality of any requirements that may exist under state or federal law to construct the project.
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-53 - Part 53 Clean Water Assistance (324.5301...324.5317) › Section 324.5313b - Project Responsibilities of Municipality; Departmental Guidance.

324.5313b Project responsibilities of municipality; departmental guidance.
Sec. 5313b.
(1) A municipality is responsible for obtaining any federal, state, or local permits necessary for the project and shall perform any surveys or studies that are required under the permits.
(2) A municipality shall incorporate all appropriate provisions, conditions, and mitigative measures included in the studies, surveys, permits, and licenses into the construction documents. The construction documents are subject to review by the department for conformity with environmental determinations and coordination requirements.
(3) All applicable and appropriate conditions and mitigative measures must be enforced by the municipality or its designated representative and apply to all construction and post-construction activities, including disposal of all liquid or solid spoils, waste material, and residuals from construction.
(4) A municipality may seek guidance from the department regarding the requirements under this part or the rules promulgated under this part.
History:
Add. 2022, Act 132, Imd. Eff. June 30, 2022
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-53 - Part 53 Clean Water Assistance (324.5301...324.5317) › Section 324.5313c - State Revolving Administration Fund.

324.5313c State revolving administration fund.
Sec. 5313c.
(1) The state revolving administration fund is created within the state treasury. The state treasurer may receive money or other assets for any source for deposit into the state revolving administration fund. The state treasurer shall direct the investment of the state revolving administration fund and credit to the fund interest and earnings from fund investments. Money in the state revolving administration fund at the end of the fiscal year remains in the fund and does not lapse to the general fund. The department is the administrator of the state revolving administration fund for auditing purposes.
(2) Not more than 0.25% of the interest charged on a loan issued under this part or part 54 may be deposited into the state revolving administration fund.
(3) The department shall expend money from the fund only for the reasonable costs of administering and conducting activities under this part and part 54.
History:
Add. 2022, Act 132, Imd. Eff. June 30, 2022
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-53 - Part 53 Clean Water Assistance (324.5301...324.5317) › Section 324.5314 - Costs of Administering and Implementing Part; Payment.

324.5314 Costs of administering and implementing part; payment.
Sec. 5314.
The costs of administering and implementing this part by the department, the designated agents of the department, and the authority may be paid from funds annually appropriated by the legislature from 1 or more of the following sources:
(a) An amount taken from the federal capitalization grant, subject to the limitations prescribed in the federal water pollution control act.
(b) Loan fees, not to exceed the ratio that the annual appropriation for administration of this part bears to the total value of loans awarded for the fiscal year in which the appropriation was made, as estimated in the intended use plan.
(c) Interest or earnings realized on loan repayments to the fund, unless the earnings are pledged to secure or repay any indebtedness of the authority.
(d) Proceeds of bonds or notes issued pursuant to the fund and sold by the authority.
(e) Any other money appropriated by the legislature.
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-53 - Part 53 Clean Water Assistance (324.5301...324.5317) › Section 324.5315 - Repealed. 2012, Act 560, Imd. Eff. Jan. 2, 2013.

324.5315 Repealed. 2012, Act 560, Imd. Eff. Jan. 2, 2013.
Compiler's Notes:
The repealed section pertained to duration of current priority list.
Popular Name:
Act 451
Popular Name:
NREPA