NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT
Act 451 of 1994
324.3103 Department of environmental quality; powers and duties generally; rules; other actions.
Sec. 3103.
(1) The department shall protect and conserve the water resources of the state and shall have control of the pollution of surface or underground waters of the state and the Great Lakes, which are or may be affected by waste disposal of any person. The department may make or cause to be made surveys, studies, and investigations of the uses of waters of the state, both surface and underground, and cooperate with other governments and governmental units and agencies in making the surveys, studies, and investigations. The department shall assist in an advisory capacity a flood control district that may be authorized by the legislature. The department, in the public interest, shall appear and present evidence, reports, and other testimony during the hearings involving the creation and organization of flood control districts. The department shall advise and consult with the legislature on the obligation of the state to participate in the costs of construction and maintenance as provided for in the official plans of a flood control district or intercounty drainage district.
(2) The department shall enforce this part and may promulgate rules as it considers necessary to carry out its duties under this part. However, notwithstanding any rule-promulgation authority that is provided in this part, except for rules authorized under section 3112(6), the department shall not promulgate any additional rules under this part after December 31, 2006.
(3) The department may promulgate rules and take other actions as may be necessary to comply with the federal water pollution control act, 33 USC 1251 to 1387, and to expend funds available under such law for extension or improvement of the state or interstate program for prevention and control of water pollution. This part shall not be construed as authorizing the department to expend or to incur any obligation to expend any state funds for such purpose in excess of any amount that is appropriated by the legislature.
(4) Notwithstanding the limitations on rule promulgation under subsection (2), rules promulgated under this part before January 1, 2007 shall remain in effect unless rescinded.
History: 1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 2004, Act 91, Imd. Eff. Apr. 22, 2004 ;-- Am. 2005, Act 33, Imd. Eff. June 6, 2005
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.
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 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.
PopularName Notes:
Act 451
PopularName Notes:
NREPA
AdminRule Notes:
R 323.1001 et seq. and R 323.2101 et seq. of the Michigan Administrative Code.
Notes of Decisions
Michigan Farm Bureau v. Dep't of Env't Quality, 807 N.W.2d 866 (Mich. Ct. App. 2011).
· cites it 12× “The DEQ claimed that it had full authority to promulgate Rule 2196 pursuant to §§ 3103 and 3106 of the NREPA, MCL 324.3103 and MCL 324.3106, and that these sections authorized it “to establish permit requirements that are more stringent and have greater specificity than [the]…”
Nat'l Wildlife Fed'n v. Dep't of Env't Quality, 856 N.W.2d 394 (Mich. Ct. App. 2014).
“3 MCL 324.3103(1) states that “[t]he department shall protect and conserve the water resources of the state and shall have control of the pollution of surface or underground waters of the state and the Great Lakes, which are or *375 may be affected by waste disposal of any…”
City of Brighton v. Twp. of Hamburg, 677 N.W.2d 349 (Mich. Ct. App. 2004).
· cites it 2× “[MCL 324.3103.] MCL 324.3106 grants the DEQ authority to establish pollution control standards and to issue permits for point source discharges into the waters of the state: The department shall establish pollution standards for lakes, rivers, streams, and other waters of the…”
Michigan Farm Bureau v. Dept of Env't Great Lakes & Energy (Mich. Ct. App. 2022).
· cites it 2× “Numerous administrative rules have been promulgated respecting water resource protection and water discharge permits pursuant to NREPA, MCL 324.3103, and MCL 324.3106. Relevant to this case, Mich Admin Code R 323.”
Charter Twp of Plainfield v. Dept of Nat. Resources (Mich. Ct. App. 2015).
· cites it 2× “In MCL 324.3103(1), the Legislature provided that defendant “shall protect and conserve the water resources of the state and shall have control of the pollution of surface or underground waters of the state and the Great Lakes, which are or may be affected by waste disposal of…”
— Mich. Comp. Laws § 324.3103(1) — 7 cases
Michigan Farm Bureau v. Dep't of Env't Quality, 807 N.W.2d 866 (Mich. Ct. App. 2011).
“The DEQ claimed that it had full authority to promulgate Rule 2196 pursuant to §§ 3103 and 3106 of the NREPA, MCL 324.3103 and MCL 324.3106, and that these sections authorized it “to establish permit requirements that are more stringent and have greater specificity than [the]…”
Nat'l Wildlife Fed'n v. Dep't of Env't Quality, 856 N.W.2d 394 (Mich. Ct. App. 2014).
“3 MCL 324.3103(1) states that “[t]he department shall protect and conserve the water resources of the state and shall have control of the pollution of surface or underground waters of the state and the Great Lakes, which are or *375 may be affected by waste disposal of any…”
City of Brighton v. Twp. of Hamburg, 677 N.W.2d 349 (Mich. Ct. App. 2004).
“[MCL 324.3103.] MCL 324.3106 grants the DEQ authority to establish pollution control standards and to issue permits for point source discharges into the waters of the state: The department shall establish pollution standards for lakes, rivers, streams, and other waters of the…”
Michigan Farm Bureau v. Dept of Env't Great Lakes & Energy (Mich. Ct. App. 2022).
“Numerous administrative rules have been promulgated respecting water resource protection and water discharge permits pursuant to NREPA, MCL 324.3103, and MCL 324.3106. Relevant to this case, Mich Admin Code R 323.”
— Mich. Comp. Laws § 324.3103(2) — 3 cases
Michigan Farm Bureau v. Dep't of Env't Quality, 807 N.W.2d 866 (Mich. Ct. App. 2011).
“The DEQ claimed that it had full authority to promulgate Rule 2196 pursuant to §§ 3103 and 3106 of the NREPA, MCL 324.3103 and MCL 324.3106, and that these sections authorized it “to establish permit requirements that are more stringent and have greater specificity than [the]…”
Charter Twp of Plainfield v. Dept of Nat. Resources (Mich. Ct. App. 2015).
“In MCL 324.3103(1), the Legislature provided that defendant “shall protect and conserve the water resources of the state and shall have control of the pollution of surface or underground waters of the state and the Great Lakes, which are or may be affected by waste disposal of…”
— Mich. Comp. Laws § 324.3103(3) — 2 cases
Michigan Farm Bureau v. Dep't of Env't Quality, 807 N.W.2d 866 (Mich. Ct. App. 2011).
“The DEQ claimed that it had full authority to promulgate Rule 2196 pursuant to §§ 3103 and 3106 of the NREPA, MCL 324.3103 and MCL 324.3106, and that these sections authorized it “to establish permit requirements that are more stringent and have greater specificity than [the]…”
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.