Michigan Laws 324.30112 – Civil action; commencement by department; fine; violation as misdemeanor; penalty; civil sanction as appropriate to violation
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Terms Used In Michigan Laws 324.30112
- Department: means the department of environmental quality. See Michigan Laws 324.30101
- Minor offense: means either of the following violations of this part if the project involved in the offense is a minor project or the department determines that restoration of the affected property is not required:
(i) The failure to obtain a permit under this part. See Michigan Laws 324.30101Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 324.301 Project: means an activity that requires a permit pursuant to section 30102. See Michigan Laws 324.30101
(1) The department may commence a civil action in the circuit court of the county in which a violation occurs to enforce compliance with this part, to restrain violation of this part or any action contrary to an order of the department denying a permit, to enjoin the further performance of, or order the removal of, any project that is undertaken contrary to this part or after denial of a permit by the department, or to order the restoration of the affected area to its prior condition.
(2) In a civil action commenced under this part, the circuit court, in addition to any other relief granted, may assess a civil fine of not more than $5,000.00 per day for each day of violation.
(3) Except as provided in subsection (4), a person who violates this part or a permit issued under this part is guilty of a misdemeanor, punishable by a fine of not more than $10,000.00 per day for each day of violation.
(4) A person who commits a minor offense is guilty of a misdemeanor, punishable by a fine of not more than $500.00 for each violation. A law enforcement officer may issue and serve an appearance ticket upon a person for a minor offense pursuant to section 9c to 9g of chapter IV of the code of criminal procedure, 1927 PA 175, MCL 764.9c to 764.9g.
(5) A person who knowingly makes a false statement, representation, or certification in an application for a permit or in a notice or report required by a permit, or a person who knowingly renders inaccurate any monitoring device or method required to be maintained by a permit, is guilty of a misdemeanor, punishable by a fine of not more than $10,000.00 per day for each day of violation.
(6) Any civil sanction assessed, sought, or agreed to by the department shall be appropriate to the violation.