NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT
Act 451 of 1994
324.3113 New or increased use of waters for sewage or other waste disposal purposes; filing information; permit; conditions; complaint; petition; contested case hearing; rejection of petition.
Sec. 3113.
(1) A person who seeks a new or increased use of the waters of the state for sewage or other waste disposal purposes shall file with the department an application setting forth the information required by the department, including the nature of the enterprise or development contemplated, the amount of water required to be used, its source, the proposed point of discharge of the wastes into the waters of the state, the estimated amount to be discharged, and a statement setting forth the expected bacterial, physical, chemical, and other known characteristics of the wastes.
(2) If a permit is granted, the department shall condition the permit upon such restrictions that the department considers necessary to adequately guard against unlawful uses of the waters of the state as are set forth in section 3109.
(3) If the permit or denial of a new or increased use is not acceptable to the permittee, the applicant, or any other person, the permittee, the applicant, or other person may file a sworn petition with the department setting forth the grounds and reasons for the complaint and asking for a contested case hearing on the matter pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. A petition filed more than 60 days after action on the permit application may be rejected by the department as being untimely.
History: 1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 2004, Act 91, Imd. Eff. Apr. 22, 2004
PopularName Notes:
Act 451
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NREPA
Notes of Decisions
Nat'l Wildlife Fed'n v. Dep't of Env't Quality, 856 N.W.2d 394 (Mich. Ct. App. 2014).
· cites it 4× “The word “appeal” appears in tandem with a reference to MCL 324.3113, and thus the latter’s Subsection (3) that, again, directs that a contested case hearing proceed in accordance with the Administrative Procedures Act.”
Michigan Farm Bureau v. Dep't of Env't Quality, 807 N.W.2d 866 (Mich. Ct. App. 2011).
“3111 (requiring an annual report from any person “who discharges to the waters of the state”), MCL 324.3113(1) (requiring a person who intends to make a new or increased discharge to file an application describing the “proposed point of discharge” and “the estimated amount to be…”
Michigan Farm Bureau v. Dept of Env't Great Lakes & Energy (Mich. Ct. App. 2022).
· cites it 3× “4 See also Mich Admin Code, R 323.2192(c) which provides in relevant part that a “person who is aggrieved by the coverage may file a sworn petition for a contested case hearing on the matter with” EGLE in accordance with MCL 324.”
Saugatuck Dunes Coastal All. v. Degle (Mich. Ct. App. 2025).
· cites it 2× “32723(12)5; MCL 324.3113(3).6 Perhaps more convincingly, a different section of Part 303 itself explicitly addresses the procedure for appealing the department’s action on a permit application under Part 303.”
— Mich. Comp. Laws § 324.3113(1) — 1 case
Michigan Farm Bureau v. Dep't of Env't Quality, 807 N.W.2d 866 (Mich. Ct. App. 2011).
“3111 (requiring an annual report from any person “who discharges to the waters of the state”), MCL 324.3113(1) (requiring a person who intends to make a new or increased discharge to file an application describing the “proposed point of discharge” and “the estimated amount to be…”
— Mich. Comp. Laws § 324.3113(2) — 1 case
— Mich. Comp. Laws § 324.3113(3) — 4 cases
Nat'l Wildlife Fed'n v. Dep't of Env't Quality, 856 N.W.2d 394 (Mich. Ct. App. 2014).
“The word “appeal” appears in tandem with a reference to MCL 324.3113, and thus the latter’s Subsection (3) that, again, directs that a contested case hearing proceed in accordance with the Administrative Procedures Act.”
Michigan Farm Bureau v. Dept of Env't Great Lakes & Energy (Mich. Ct. App. 2022).
“4 See also Mich Admin Code, R 323.2192(c) which provides in relevant part that a “person who is aggrieved by the coverage may file a sworn petition for a contested case hearing on the matter with” EGLE in accordance with MCL 324.”
Saugatuck Dunes Coastal All. v. Degle (Mich. Ct. App. 2025).
“32723(12)5; MCL 324.3113(3).6 Perhaps more convincingly, a different section of Part 303 itself explicitly addresses the procedure for appealing the department’s action on a permit application under Part 303.”
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