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-53 - Part 53 Clean Water Assistance (324.5301...324.5317) › Section 324.5317 - Repealed. 2022, Act 132, Imd. Eff. June 30, 2022

324.5317 Repealed. 2022, Act 132, Imd. Eff. June 30, 2022
Compiler's Notes:
The repealed section pertained to the creation of the state water pollution control revolving fund advisory committee.
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-54 - Part 54 (Safe Drinking Water Assistance) (324.5401...324.5419) › Section 324.5402 - Definitions; D to N.

324.5402 Definitions; D to N.
Sec. 5402.
As used in this part:
(a) "Department" means the department of environment, Great Lakes, and energy or its authorized agent or representative.
(b) "Director" means the director of the department or his or her designated representative.
(c) "Federal safe drinking water act" means the safe drinking water act, 42 USC 300f to 300j-25, and the rules promulgated under that act.
(d) "Fund" means the state drinking water revolving fund established under section 16b of the shared credit rating act, 1985 PA 227, MCL 141.1066b.
(e) "Fundable range" means those projects, taken in descending order on the priority list, for which the department estimates sufficient funds exist to provide assistance during each annual funding cycle.
(f) "Municipality" means a city, village, county, township, authority, public school district, or other public body with taxing authority, including an intermunicipal agency of 2 or more municipalities, authorized or created under state law.
(g) "Noncommunity water supply" means a public water supply that is not a community water supply, but that has not less than 15 service connections or that serves not less than 25 individuals on an average daily basis for not less than 60 days per year.
History:
Add. 1997, Act 26, Imd. Eff. June 17, 1997 ;-- Am. 2012, Act 561, Imd. Eff. Jan. 2, 2013 ;-- 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-54 - Part 54 (Safe Drinking Water Assistance) (324.5401...324.5419) › Section 324.5403 - Definitions; P to W.

324.5403 Definitions; P to W.
Sec. 5403.
As used in this part:
(a) "Priority list" means the annual ranked listing of projects developed by the department in section 5406.
(b) "Project" means a project related to the planning, design, and construction or alteration of a waterworks system and may include utilization of more efficient energy and resources as described in any of the following:
(i) The cost-effective governmental energy use act, 2012 PA 625, MCL 18.1711 to 18.1725.
(ii) Section 11c of 1851 PA 156, MCL 46.11c.
(iii) Section 75b of 1846 RS 16, MCL 41.75b.
(iv) Section 5f of the home rule city act, 1909 PA 279, MCL 117.5f.
(v) Section 24b of the home rule village act, 1909 PA 278, MCL 78.24b.
(vi) Section 36 of the general law village act, 1895 PA 3, MCL 68.36.
(c) "Project refinancing assistance" means buying or refinancing the debt obligations of water suppliers if construction activities commenced, and the debt obligation was incurred, after June 17, 1997.
(d) "Public water supply" means a waterworks system that provides water for drinking or household purposes to persons other than the water supplier, except for those waterworks systems that supply water to only 1 house, apartment, or other domicile occupied or intended to be occupied on a day-to-day basis by an individual, family group, or equivalent.
(e) "State drinking water standards" means rules promulgated under section 5 of Act 399, MCL 325.1005, that establish water quality standards necessary to protect public health or that establish treatment techniques to meet these water quality standards.
(f) "Water supplier" or "supplier" means a municipality or its designated representative accepted by the director, a legal business entity, or any other person that owns a public water supply. However, water supplier does not include a water hauler.
(g) "Waterworks system" or "system" means a system of pipes and structures through which water is obtained or distributed and includes any of the following that are actually used or intended to be used for the purpose of furnishing water for drinking or household purposes:
(i) Wells and well structures.
(ii) Intakes and cribs.
(iii) Pumping stations.
(iv) Treatment plants.
(v) Storage tanks.
(vi) Pipelines, service lines, and appurtenances.
(vii) A combination of any of the items specified in subparagraphs (i) to (vi).
History:
Add. 1997, Act 26, Imd. Eff. June 17, 1997 ;-- Am. 2021, Act 45, Imd. Eff. July 1, 2021 ;-- 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-54 - Part 54 (Safe Drinking Water Assistance) (324.5401...324.5419) › Section 324.5404 - Water Suppliers; Qualifications for Assistance.

324.5404 Water suppliers; qualifications for assistance.
Sec. 5404.
(1) Water suppliers that own the following types of public water supplies qualify to receive assistance under this part:
(a) A community water supply.
(b) A noncommunity water supply that operates as a nonprofit entity.
(2) Water suppliers identified in subsection (1) that serve 10,000 people or less may qualify for assistance from funds prescribed in section 1452(a)(2) of the federal safe drinking water act, 42 USC 300j-12.
(3) On completion and submittal of approved planning documents by an overburdened community to the department, if the overburdened community incurred planning costs related to the proposed project, the overburdened community must be directly reimbursed by the department to the extent funds are available. Technical assistance funds identified in section 1452(g)(2)(D) or section 1452(d)(1) of the federal safe drinking water act, 42 USC 300j-12, must be used to the extent available, to forgive repayment of the planning loan.
(4) Only water suppliers that have no outstanding prior year fees as prescribed in Act 399 may receive assistance under this part.
History:
Add. 1997, Act 26, Imd. Eff. June 17, 1997 ;-- 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-54 - Part 54 (Safe Drinking Water Assistance) (324.5401...324.5419) › Section 324.5406 - Priority List of Projects Eligible for Assistance; Effective First Day of Fiscal Year.

324.5406 Priority list of projects eligible for assistance; effective first day of fiscal year.
Sec. 5406.
(1) The department shall annually develop a priority list of projects eligible for assistance under this part. The priority list must be based on planning documents and the scoring criteria developed under section 5406a.
(2) For purposes of providing assistance, the priority list takes effect on the first day of each fiscal year.
History:
Add. 1997, Act 26, Imd. Eff. June 17, 1997 ;-- Am. 2012, Act 561, Imd. Eff. Jan. 2, 2013 ;-- 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-54 - Part 54 (Safe Drinking Water Assistance) (324.5401...324.5419) › Section 324.5406a - Scoring Criteria for the Prioritization of Projects; Departmental Duties.

324.5406a Scoring criteria for the prioritization of projects; departmental duties.
Sec. 5406a.
(1) The department shall develop scoring criteria that assign points to and prioritize projects under section 5406 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 the 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) Drinking water regulatory compliance.
(b) Public health.
(c) Drinking water quality.
(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-54 - Part 54 (Safe Drinking Water Assistance) (324.5401...324.5419) › Section 324.5407 - Identification of Projects in Fundable Range.

324.5407 Identification of projects in fundable range.
Sec. 5407.
The department shall annually identify those projects in the fundable range of the priority list. Following the identification of projects in the fundable range, the department shall review, generally in priority order, the planning documents for these projects and, following completion of the environmental review process described in section 5408, either approve or disapprove the planning documents.
History:
Add. 1997, Act 26, Imd. Eff. June 17, 1997 ;-- 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-54 - Part 54 (Safe Drinking Water Assistance) (324.5401...324.5419) › Section 324.5407a - Segmentation of a Project.

324.5407a Segmentation of a project.
Sec. 5407a.
When the department prepares the priority list under section 5406, 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 the project if the cost of the proposed project is more than 30% of the amount available in the fund.
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-54 - Part 54 (Safe Drinking Water Assistance) (324.5401...324.5419) › Section 324.5410 - Water Suppliers; Responsibility to Obtain Permits or Clearances; Incorporation of Provisions, Conditions, and Mitigative Measures; Review of Documents by Department; Enforcement.

324.5410 Water suppliers; responsibility to obtain permits or clearances; incorporation of provisions, conditions, and mitigative measures; review of documents by department; enforcement.
Sec. 5410.
(1) A water supplier who receives assistance under this part is responsible for obtaining any federal, state, or local permits or clearances required for the project and shall perform any surveys or studies that are required in conjunction with the permits or clearances.
(2) A water supplier who receives assistance under this part shall incorporate all appropriate provisions, conditions, and mitigative measures included in the applicable studies, surveys, permits, clearances, and licenses into the construction documents. These 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 shall be enforced by the water supplier or its designated representative and shall apply to all construction and post-construction activities, including disposal of all liquid or solid spoils, waste material, and residuals from construction.
History:
Add. 1997, Act 26, Imd. Eff. June 17, 1997
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-54 - Part 54 (Safe Drinking Water Assistance) (324.5401...324.5419) › Section 324.5411 - Application for Assistance; Review by Department; Order of Approval; Incorporation of Other Documents; Use of Project Assistance as Matching Requirements; Eligibility Certification.

324.5411 Application for assistance; review by department; order of approval; incorporation of other documents; use of project assistance as matching requirements; eligibility certification.
Sec. 5411.
(1) The department shall review a complete application for assistance for a proposed project submitted under section 5409. If the department approves the application for assistance, the department shall issue an order of approval to establish the specific terms of the assistance. The order of approval shall include, but need not be 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 under subsection (1) shall incorporate all requirements, provisions, or information included in the application and other documents submitted to the department during the application process.
(3) The department shall not prohibit a water supplier from using assistance for a project to meet match requirements for federal loans or grants for that project.
(4) After issuance of the order of approval under subsection (1), the department shall certify to the authority that the water supplier is eligible to receive assistance.
History:
Add. 1997, Act 26, Imd. Eff. June 17, 1997 ;-- Am. 2012, Act 561, Imd. Eff. Jan. 2, 2013
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-54 - Part 54 (Safe Drinking Water Assistance) (324.5401...324.5419) › Section 324.5412 - Bypassed Projects.

324.5412 Bypassed projects.
Sec. 5412.
(1) The department may bypass projects that fail to meet the schedule negotiated and agreed upon between the water supplier and the department, or that do not have approved planning documents and specifications and an approvable application 90 days before the last day of the state fiscal year, whichever comes first.
(2) A water supplier may submit a written request to the department to extend a project schedule for not more than 60 days. The request must provide the reason for the noncompliance with the schedule. A water supplier may file 1 additional 30-day extension request to its schedule.
(3) A project bypassed under this section must not be considered for an order of approval until all other projects have either 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) The department shall provide affected water suppliers with a written notice of intent to bypass not less than 30 days before the bypass action.
(5) For projects bypassed under this section, the department shall transmit to the water supplier an official notice of bypass for the fundable project.
(6) A bypass action under this section does not modify any compliance dates established under 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.
(7) After a project is bypassed, the department may award assistance to projects outside the fundable range. Assistance must be made available to projects outside the fundable range in priority order contingent upon the water supplier's satisfaction of all applicable requirements for assistance within the time period established by the department, but not to exceed 60 days from the date of notification. The department shall notify water suppliers with projects outside the fundable range of bypass action, of the amount of bypassed funds available for obligation, and of the deadline for submittal of a complete, approvable application.
History:
Add. 1997, Act 26, Imd. Eff. June 17, 1997 ;-- 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-54 - Part 54 (Safe Drinking Water Assistance) (324.5401...324.5419) › Section 324.5413 - Determination to Terminate Assistance; Issuance of Order by Department; Cause; Written Notice to Water Supplier; Repayment of Outstanding Loan Balance Not Affected; Other State and Federal Requirements Not Relieved; Responsibility for Settlement Costs.

324.5413 Determination to terminate assistance; issuance of order by department; cause; written notice to water supplier; repayment of outstanding loan balance not affected; other state and federal requirements not relieved; responsibility for settlement costs.
Sec. 5413.
(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.
(e) Failure to accept an offer of assistance from the fund within a period of 30 days after receipt of a proposed loan agreement from the authority.
(3) The department shall give written notice to the water supplier by certified letter of the intent to issue an order of termination. This notification shall 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 water supplier's requirement for repayment of the outstanding loan balance to the fund. The water supplier shall repay the outstanding loan proceeds according to a schedule established by the authority.
(5) Termination of assistance under this section does not relieve the water supplier of any requirements that may exist under state or federal law to construct the project.
(6) Any settlement costs incurred in the termination of project assistance are the responsibility of the water supplier.
History:
Add. 1997, Act 26, Imd. Eff. June 17, 1997
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-54 - Part 54 (Safe Drinking Water Assistance) (324.5401...324.5419) › Section 324.5414 - Determination to Terminate Assistance; Petition by Water Supplier; Issuance of Order by Department; Cause; Repayment of Outstanding Loan Balance Not Affected; Other State or Federal Laws Not Relieved; Responsibility for Settlement Costs.

324.5414 Determination to terminate assistance; petition by water supplier; issuance of order by department; cause; repayment of outstanding loan balance not affected; other state or federal laws not relieved; responsibility for settlement costs.
Sec. 5414.
(1) A water supplier may petition the department to make a determination that assistance to that water supplier should be terminated.
(2) Upon receipt of a petition under subsection (1), the department may issue an order recommending the authority to take appropriate action to terminate the assistance for a project for cause. The order 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 of termination to the authority recommending appropriate action.
(4) The termination of assistance by the authority does not excuse or otherwise affect the water supplier's requirement for repayment of the outstanding loan balance to the fund. The water supplier shall repay the outstanding loan proceeds according to a schedule established by the authority.
(5) Termination of assistance under this section does not relieve the water supplier of any requirements that may exist under state or federal law to construct the project.
(6) Any settlement costs incurred in the termination of project assistance are the responsibility of the water supplier.
History:
Add. 1997, Act 26, Imd. Eff. June 17, 1997
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-54 - Part 54 (Safe Drinking Water Assistance) (324.5401...324.5419) › Section 324.5415 - Annual Establishment of Interest Rates.

324.5415 Annual establishment of interest rates.
Sec. 5415.
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 for projects. The interest rates must be in effect for loans made during the next state fiscal year. The interest rates must be in effect for loans made during the next state fiscal year.
History:
Add. 1997, Act 26, Imd. Eff. June 17, 1997 ;-- 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-54 - Part 54 (Safe Drinking Water Assistance) (324.5401...324.5419) › Section 324.5415a - Project Responsibilities of Water Supplier; Departmental Guidance.

324.5415a Project responsibilities of water supplier; departmental guidance.
Sec. 5415a.
(1) A water supplier 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 water supplier 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 water supplier 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-54 - Part 54 (Safe Drinking Water Assistance) (324.5401...324.5419) › Section 324.5416 - Administration and Implementation Costs; Payment Sources.

324.5416 Administration and implementation costs; payment sources.
Sec. 5416.
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 allowed under the federal safe drinking water act.
(b) A local match provided by the water supplier receiving assistance not to exceed the department's administrative costs associated with providing the assistance.
(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) Collection of fees and charges by the department in connection with a transaction authorized under this part.
(f) Any other money appropriated by the legislature.
History:
Add. 1997, Act 26, Imd. Eff. June 17, 1997 ;-- 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-54 - Part 54 (Safe Drinking Water Assistance) (324.5401...324.5419) › Section 324.5418 - Appeal; Judicial Review.

324.5418 Appeal; judicial review.
Sec. 5418.
Determinations made by the department may be appealed in writing to the director. Determinations made by the director are final. Judicial review may be sought under section 631 of the revised judicature act of 1961, 1961 PA 236, MCL 600.631.
History:
Add. 1997, Act 26, Imd. Eff. June 17, 1997
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-54 - Part 54 (Safe Drinking Water Assistance) (324.5401...324.5419) › Section 324.5419 - Repealed. 2002, Act 451, Eff. Sept. 30, 2003.

324.5419 Repealed. 2002, Act 451, Eff. Sept. 30, 2003.
Compiler's Notes:
The repealed section pertained to implementation of arsenic testing program.
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-AIR-RESOURCES-PROTECTION - Part Air Resources Protection (324.5501...324.6539) › 451-1994-II-1-AIR-RESOURCES-PROTECTION-55 - Part 55 Air Pollution Control (324.5501...324.5542) › Section 324.5502 - Issuance of Permit to Install or Operating Permit to Municipal Solid Waste Incinerator; Applicability of Subsection (1); Municipal Solid Waste Incinerator Existing Prior to June 15, 1993.

324.5502 Issuance of permit to install or operating permit to municipal solid waste incinerator; applicability of subsection (1); municipal solid waste incinerator existing prior to June 15, 1993.
Sec. 5502.
(1) Except as provided in subsection (2), the department shall not issue a permit to install or an operating permit to a municipal solid waste incinerator unless the municipal solid waste incinerator is located at least 1,000 feet from all of the following:
(a) A residential dwelling.
(b) A public or private elementary or secondary school.
(c) A preschool facility for infants or children.
(d) A hospital.
(e) A nursing home.
(2) Subsection (1) does not apply to a municipal solid waste incinerator that existed prior to June 15, 1993, or to the modification; alteration; expansion, including, but not limited to, the addition of 1 or more combustion units and any accompanying features or fixtures; or retrofit of such a municipal solid waste incinerator after June 15, 1993, regardless of whether the activity requires a permit.
(3) For the purposes of this section, a municipal solid waste incinerator existed prior to June 15, 1993 if either of the following applies:
(a) It was issued a permit to operate or a permit to install for installation, construction, modification, alteration, or retrofit prior to June 15, 1993, unless it was denied a permit to operate prior to June 15, 1993.
(b) It is located at a geographical site at which 1 or more incinerator units incinerated waste during the 6 months prior to June 15, 1993.
History:
1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 1995, Act 227, Imd. Eff. Dec. 14, 1995 ;-- Am. 1998, Act 6, Imd. Eff. Feb. 6, 1998
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-AIR-RESOURCES-PROTECTION - Part Air Resources Protection (324.5501...324.6539) › 451-1994-II-1-AIR-RESOURCES-PROTECTION-55 - Part 55 Air Pollution Control (324.5501...324.5542) › Section 324.5508 - “Section 112” Defined; Source, Process, or Process Equipment Not Subject to Best Available Control Technology for Toxics Requirements or Health Based Screening Level Requirements.

324.5508 “Section 112” defined; source, process, or process equipment not subject to best available control technology for toxics requirements or health based screening level requirements.
Sec. 5508.
(1) As used in this section, "section 112" means section 112 of part A of title I of the clean air act, 84 Stat. 1685, 42 U.S.C. 7412.
(2) A new, modified, or existing source, process, or process equipment for which standards have been promulgated under section 112(d) or for which a control technology determination has been made pursuant to section 112(g) or 112(j) is not subject to the best available control technology for toxics (T-BACT) requirements of rules promulgated under this part for any of the following:
(a) The hazardous air pollutants listed in section 112(b).
(b) Other toxic air contaminants that are volatile organic compounds, if the standard promulgated under section 112(d) or the determination made under section 112(g) or 112(j) controls similar compounds that are also volatile organic compounds.
(c) Other toxic air contaminants that are particulate matter, if the standard promulgated under section 112(d) or the determination made under section 112(g) or 112(j) controls similar compounds that are also particulate matter.
(d) Other toxic air contaminants that are similar to the compounds controlled by the standard promulgated under section 112(d) or controlled by the determination made under section 112(g) or 112(j).
(3) A new, modified, or existing source, process, or process equipment for which standards have been promulgated under section 112(f) is not subject to the health based screening level requirements in rules promulgated under this part for the hazardous air pollutants listed in section 112(b).
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-AIR-RESOURCES-PROTECTION - Part Air Resources Protection (324.5501...324.6539) › 451-1994-II-1-AIR-RESOURCES-PROTECTION-55 - Part 55 Air Pollution Control (324.5501...324.5542) › Section 324.5510 - Denial or Revocation of Permit; Circumstances.

324.5510 Denial or revocation of permit; circumstances.
Sec. 5510.
In accordance with this part and rules promulgated under this part, the department may, after notice and opportunity for public hearing, deny or revoke a permit issued under this part if any of the following circumstances exist:
(a) Installation, modification, or operation of the source will violate this part, rules promulgated under this part, or the clean air act, unless the source is in compliance with a legally enforceable schedule of compliance contained in a permit or order.
(b) Installation, construction, reconstruction, relocation, alteration, or operation of the source presents or may present an imminent and substantial endangerment to human health, safety, or welfare, or the environment.
(c) The person applying for the permit makes a false representation or provides false information during the permit review process.
(d) The source has not been installed, constructed, reconstructed, relocated, altered, or operated in a manner consistent with the application for a permit or as specified in a permit.
(e) The person owning or operating the source fails to pay an air quality fee assessed under this part.
(f) The person proposes a major offset source or the owner or operator of a proposed major offset modification that owns or operates another source in the state that has the potential to emit 100 tons or more per year of any air contaminant regulated under the clean air act and that source is in violation of this part, rules promulgated under this part, the clean air act, or a permit or order issued under this part, unless the source is in compliance with a legally enforceable schedule of compliance contained in a permit or order.
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-AIR-RESOURCES-PROTECTION - Part Air Resources Protection (324.5501...324.6539) › 451-1994-II-1-AIR-RESOURCES-PROTECTION-55 - Part 55 Air Pollution Control (324.5501...324.5542) › Section 324.5512 - Rules.

324.5512 Rules.
Sec. 5512.
(1) Subject to section 5514, the department shall promulgate rules for purposes of doing all of the following:
(a) Controlling or prohibiting air pollution.
(b) Complying with the clean air act.
(c) Controlling any mode of transportation that is capable of causing or contributing to air pollution.
(d) Reviewing proposed locations of stationary emission sources.
(e) Reviewing modifications of existing emission sources.
(f) Prohibiting locations or modifications of emission sources that impair the state's ability to meet federal ambient air quality standards.
(g) Establishing suitable emission standards consistent with federal ambient air quality standards and factors including, but not limited to, conditions of the terrain, wind velocities and directions, land usage of the region, and the anticipated characteristics and quantities of potential air pollution sources. This part does not prohibit the department from denying or revoking a permit to operate a source, process, or process equipment that would adversely affect human health or other conditions important to the life of the community.
(h) Implementing sections 5505 and 5506.
(2) Unless otherwise provided in this part, each rule, permit, or administrative order promulgated or issued under this part prior to November 13, 1993 shall remain in effect according to its terms unless the rule or order is inconsistent with this part or is revised, amended, or repealed.
(3) Section 11522 applies to open burning.
History:
1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 2012, Act 102, Imd. Eff. Apr. 19, 2012 ;-- Am. 2014, Act 417, Eff. Mar. 31, 2015
Popular Name:
Act 451
Popular Name:
NREPA
Admin Rule:
R 336.1101 et seq.; R 336.1122; and R 336.1201 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-AIR-RESOURCES-PROTECTION - Part Air Resources Protection (324.5501...324.6539) › 451-1994-II-1-AIR-RESOURCES-PROTECTION-55 - Part 55 Air Pollution Control (324.5501...324.5542) › Section 324.5513 - Car Ferries and Coal-Fueled Trains.

324.5513 Car ferries and coal-fueled trains.
Sec. 5513.
Notwithstanding any other provision of this part or the rules promulgated under this part, car ferries having the capacity to carry more than 110 motor vehicles and coal-fueled trains used in connection with tourism or an historical museum or carrying works of art or items of historical interest are not subject to regulation 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-AIR-RESOURCES-PROTECTION - Part Air Resources Protection (324.5501...324.6539) › 451-1994-II-1-AIR-RESOURCES-PROTECTION-55 - Part 55 Air Pollution Control (324.5501...324.5542) › Section 324.5514 - Department of Environmental Quality; Prohibited Acts; "Wood Heater" Defined.

324.5514 Department of environmental quality; prohibited acts; "wood heater" defined.
Sec. 5514.
(1) The department of environmental quality shall not do any of the following:
(a) Promulgate a rule limiting emissions from wood heaters.
(b) Enforce against a manufacturer, distributor, or consumer a federal regulation limiting emissions from wood heaters and adopted after May 1, 2014.
(2) As used in this section, "wood heater" means a wood stove, pellet stove, wood-fired hydronic heater, wood burning forced-air furnace, or masonry wood heater designed for heating a home or business.
History:
Add. 2014, Act 417, Eff. Mar. 31, 2015
Compiler's Notes:
Former MCL 324.5514, which pertained to disposal of United States flag by burning, was repealed by Act 102 of 2012, Imd. Eff. Apr. 19, 2012.
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-AIR-RESOURCES-PROTECTION - Part Air Resources Protection (324.5501...324.6539) › 451-1994-II-1-AIR-RESOURCES-PROTECTION-55 - Part 55 Air Pollution Control (324.5501...324.5542) › Section 324.5515 - Investigation; Voluntary Agreement; Order; Petition for Contested Case Hearing; Final Order or Determination; Review.

324.5515 Investigation; voluntary agreement; order; petition for contested case hearing; final order or determination; review.
Sec. 5515.
(1) If the department believes that a person is violating this part, a rule promulgated under this part, a permit issued under this part, or a determination other than an order issued under this part, the department shall make a prompt investigation. If after this investigation the department finds that a violation of this part, a rule promulgated under this part, a permit issued under this part, or a determination other than an order issued under this part exists, the department shall attempt to enter into a voluntary agreement with the person.
(2) If the department believes that a person is violating an order issued under this part, the department shall make a prompt investigation. If after this investigation the department finds that a person has failed to comply with the terms of an order issued under this part, the department may attempt to enter into a voluntary agreement with the person.
(3) If a voluntary agreement is not entered into under subsection (1), the department may issue an order requiring a person to comply with this part, a rule promulgated under this part, a determination made under this part, or a permit issued under this part. If the department issues an order it shall be accompanied by a statement of the facts upon which the order is based.
(4) A person aggrieved by an order issued under subsection (3) may file a petition for a contested case hearing pursuant to 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. A petition shall be submitted to the department within 30 days of the effective date of the order. The department shall schedule the matter for hearing within 30 days of receipt of the petition for a contested case hearing. A final order or determination of the department upon the matter following the hearing is conclusive, unless reviewed in accordance with Act No. 306 of the Public Acts of 1969, in the circuit court for the county of Ingham or for the county in which the person resides.
History:
1994, Act 451, Eff. Mar. 30, 1995
Popular Name:
Act 451
Popular Name:
NREPA