An act to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” (MCL 324.101 to 324.90106) by adding section 30111d.
SB 398 amends the 1994 PA 451, known as the "Natural Resources and Environmental Protection Act," by adding section 30111d. This section authorizes the director of the department to issue written emergency orders to individuals or entities violating the act, requiring them to take immediate actions to prevent significant harm to public health, safety, welfare, property, or natural resources. These actions may include repairing or removing structures or fill on bottomlands owned by the violator. If the violator fails to comply, the department can take necessary actions and recover costs through civil court. The director can modify or terminate an emergency order once the emergency is resolved. Individuals issued an emergency order have the right to a hearing within 15 days to evaluate the necessity of the order. The section does not apply to damages limited to agricultural areas, uninhabited buildings, or minor roads where environmental degradation and danger to individuals are minimal.
Co-sponsored by Sens.
Referred to the Committee on Natural Resources and Agriculture
Reported from the Committee on Energy and Environment with substitute S-2
Referred to the Committee of the Whole
Reported with substitute S-3
Substitute S-3 concurred in by voice vote
Passed in the Senate 20 to 17 (details)
Referred to the Committee on Natural Resources, Environment, Tourism and Outdoor Recreation
Reported without amendment
Substitute H-1 offered
by
The substitute passed by voice vote
Passed in the House 56 to 54 (details)
Motion to give immediate effect
by
The motion prevailed by voice vote
Substitute H-1 concurred in 21 to 17 (details)
Motion to reconsider substitute
by
The motion prevailed by voice vote
The substitute concurred in 20 to 18 (details)
