Mich. Comp. Laws § 324.3101

Definitions.

Find cases: SyfertCases citing this section MI-LEGlegislature.mi.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT


Act 451 of 1994


324.3101 Definitions.

Sec. 3101.

    As used in this part:

    (a) "Aquatic nuisance species" means a nonindigenous species that threatens the diversity or abundance of native species or the ecological stability of infested waters, or commercial, agricultural, aquacultural, or recreational activities dependent on such waters.

    (b) "Ballast water" means water and associated solids taken on board a vessel to control or maintain trim, draft, stability, or stresses on the vessel, without regard to the manner in which it is carried.

    (c) "Ballast water treatment method" means a method of treating ballast water and sediments to remove or destroy living biological organisms through 1 or more of the following:

    (i) Filtration.

    (ii) The application of biocides or ultraviolet light.

    (iii) Thermal methods.

    (iv) Other treatment techniques approved by the department.

    (d) "Department" means the department of environmental quality.

    (e) "Detroit consumer price index" means the most comprehensive index of consumer prices available for the Detroit area from the United States Department of Labor, Bureau of Labor Statistics.

    (f) "Emergency management coordinator" means that term as defined in section 2 of the emergency management act, 1976 PA 390, MCL 30.402.

    (g) "Great Lakes" means the Great Lakes and their connecting waters, including Lake St. Clair.

    (h) "Group 1 facility" means a facility whose discharge is described by R 323.2218 of the Michigan administrative code.

    (i) "Group 2 facility" means a facility whose discharge is described by R 323.2210(y), R 323.2215, or R 323.2216 of the Michigan administrative code. Group 2 facility does not include a Group 2a facility.

    (j) "Group 2a facility" means a facility whose discharge is described by R 323.2210(y) or R 323.2215 of the Michigan administrative code and that meets 1 or more of the following:

    (i) The facility's discharge is from a coin-operated laundromat.

    (ii) The facility's discharge is from a car wash or vehicle wash open to the public.

    (iii) The facility's discharge is a subsurface sanitary discharge of fewer than 10,000 gallons per day that does not meet the terms for authorization under R 323.2211(a) of the Michigan administrative code.

    (iv) The facility's discharge is a seasonal sanitary discharge from a public park, public or private recreational vehicle park or campground, or recreational or vacation camp.

    (k) "Group 3 facility" means a facility whose discharge is described by R 323.2211 or R 323.2213 of the Michigan administrative code.

    (l) "Local health department" means that term as defined in section 1105 of the public health code, 1978 PA 368, MCL 333.1105.

    (m) "Local unit" means a county, city, village, or township or an agency or instrumentality of any of these entities.

    (n) "Municipality" means this state, a county, city, village, or township, or an agency or instrumentality of any of these entities.

    (o) "National response center" means the National Communications Center established under the clean water act, 33 USC 1251 to 1387, located in Washington, DC, that receives and relays notice of oil discharge or releases of hazardous substances to appropriate federal officials.

    (p) "Nonoceangoing vessel" means a vessel that is not an oceangoing vessel.

    (q) "Oceangoing vessel" means a vessel that operates on the Great Lakes or the St. Lawrence waterway after operating in waters outside of the Great Lakes or the St. Lawrence waterway.

    (r) "Open water disposal of contaminated dredge materials" means the placement of dredge materials contaminated with toxic substances as defined in R 323.1205 of the Michigan administrative code into the open waters of the waters of the state but does not include the siting or use of a confined disposal facility designated by the United States Army Corps of Engineers or beach nourishment activities utilizing uncontaminated materials.

    (s) "Primary public safety answering point" means that term as defined in section 102 of the emergency telephone service enabling act, 1986 PA 32, MCL 484.1102.

    (t) "Sediments" means any matter settled out of ballast water within a vessel.

    (u) "Sewage sludge" means sewage sludge generated in the treatment of domestic sewage, other than only septage or industrial waste.

    (v) "Sewage sludge derivative" means a product for land application derived from sewage sludge that does not include solid waste or other waste regulated under this act.

    (w) "Sewage sludge generator" means a person who generates sewage sludge that is applied to land.

    (x) "Sewage sludge distributor" means a person who applies, markets, or distributes, except at retail, a sewage sludge derivative.

    (y) "St. Lawrence waterway" means the St. Lawrence River, the St. Lawrence Seaway, and the Gulf of St. Lawrence.

    (z) "Threshold reporting quantity" means that term as defined in R 324.2002 of the Michigan administrative code.

    (aa) "Waters of the state" means groundwaters, lakes, rivers, and streams and all other watercourses and waters, including the Great Lakes, within the jurisdiction of this state.

History: 1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 1997, Act 29, Imd. Eff. June 18, 1997 ;-- Am. 2001, Act 114, Imd. Eff. Aug. 6, 2001 ;-- Am. 2004, Act 90, Imd. Eff. Apr. 22, 2004 ;-- Am. 2004, Act 142, Imd. Eff. June 15, 2004 ;-- Am. 2006, Act 97, Imd. Eff. Apr. 4, 2006 ;-- Am. 2015, Act 247, Imd. Eff. Dec. 22, 2015

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.

PopularName Notes:

Act 451

PopularName Notes:

NREPA
Notes of Decisions
Cited in 24 cases (4 in the last 5 years), 1998–2025 · leading case: Department of Environmental Quality v. Worth Township
Department of Environmental Quality v. Worth Township (2012) mich · cites it 12× “As a result, the DEQ filed this case seeking injunctive relief under part 31 of NREPA, MCL 324.3101 et seq., to compel the township to prevent the discharge of raw sewage into the waters of the state.”
Department of Environmental Quality v. Worth Township (2010) michctapp · cites it 8× “Rather, it merely creates the presumption that the municipality is responsible until and unless the municipality is able to establish that it did not violate part 31 of NREPA, MCL 324.3101 et seq., which deals with the protection of water resources.”
Michigan Farm Bureau v. Department of Environmental Quality (2011) michctapp · cites it 2× “Part 31 of Michigan’s Natural Resources and Environmental Protection Act (NREPA), MCL 324.3101 et seq., governs the protection of water resources in this state.”
Nemeth v. Abonmarche Development, Inc (1998) mich · cites it 2× “§ 324.3101 et seq.; M.S.A. § 13A.3101 et seq,; hazardous waste management act, M.”
Kernen v. Homestead Development Co. (1999) michctapp · cites it 2× “Under the water resources protection provisions of Michigan’s Natural Resources and Environmental Protection Act (nrepa), MCL 324.3101 et seq.; MSA 13A.3101 et seq.”
Sierra Club MacKinac Chapter v. Department of Environmental Quality (2008) michctapp · cites it 2× “[13] MCL 324.3101 et seq. [14] 33 USC 1362(11); see also 40 CFR 122.”
Department of Environmental Quality v. Waterous Co (2008) michctapp “3 MCL 324.3101 et seq. and MCL 324.20101 et seq.”
John R. Sand & Gravel Co. v. United States (2004) uscfc · cites it 2× “Violation of Michigan Water Resources Commission Act Defendant argues that by mining within the Area of Institutional Controls, plaintiff would have violated the Michigan Water Resources Commission Act, Mich. Comp. Laws Ann. §§ 324.3101 -.3119 (West 2003)(Act).”
National Wildlife Federation v. Department of Environmental Quality (2014) michctapp “Water resources protection falls under Part 31, MCL 324.3101 to MCL 324.3134, of the Natural Resources and Environmental Protection Act.”
Freeport-McMoran Resource Partners Ltd. Partnership v. B-B Paint Corp. (1999) mied · cites it 2× “§ 324.3101 et seq. On August 27, 1998, plaintiff Freeport-McMoran Resource Partners Limited Partnership (hereinafter “Freeport”) filed a motion for partial summary judgment .”
Lessard v. City of Allen Park (2003) mied · cites it 2× “(the Clean Water Act); the Michigan Water Resources Commission Act, Mich. Comp. Laws Ann. § 324.3101 et seq.; Part 31 of Michigan's National Resources and Environmental Protection Act; and the terms of National Pollution Discharge Elimination System Permit Ml0021156.”
Lessard v. City of Allen Park (2003) mied · cites it 2× “(the Clean Water Act); the Michigan Water Resources Commission Act, Mich. Comp. Laws Ann. § 324.3101 et seq.; Part 31 of Michigan's National Resources and Environmental Protection Act; and the terms of National Pollution Discharge Elimination System Permit MI0021156.”
— Mich. Comp. Laws § 324.3101(d) — 1 case
Department of Environmental Quality v. Worth Township (2010) michctapp “Rather, it merely creates the presumption that the municipality is responsible until and unless the municipality is able to establish that it did not violate part 31 of NREPA, MCL 324.3101 et seq., which deals with the protection of water resources.”
— Mich. Comp. Laws § 324.3101(f) — 1 case
— Mich. Comp. Laws § 324.3101(l) — 2 cases
Department of Environmental Quality v. Worth Township (2012) mich “As a result, the DEQ filed this case seeking injunctive relief under part 31 of NREPA, MCL 324.3101 et seq., to compel the township to prevent the discharge of raw sewage into the waters of the state.”
Department of Environmental Quality v. Worth Township (2010) michctapp “Rather, it merely creates the presumption that the municipality is responsible until and unless the municipality is able to establish that it did not violate part 31 of NREPA, MCL 324.3101 et seq., which deals with the protection of water resources.”
— Mich. Comp. Laws § 324.3101(m) — 2 cases
Department of Environmental Quality v. Worth Township (2012) mich “As a result, the DEQ filed this case seeking injunctive relief under part 31 of NREPA, MCL 324.3101 et seq., to compel the township to prevent the discharge of raw sewage into the waters of the state.”
Department of Environmental Quality v. Worth Township (2010) michctapp “Rather, it merely creates the presumption that the municipality is responsible until and unless the municipality is able to establish that it did not violate part 31 of NREPA, MCL 324.3101 et seq., which deals with the protection of water resources.”
— Mich. Comp. Laws § 324.3101(z) — 2 cases
Michigan Farm Bureau v. Department of Environmental Quality (2011) michctapp “Part 31 of Michigan’s Natural Resources and Environmental Protection Act (NREPA), MCL 324.3101 et seq., governs the protection of water resources in this state.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.