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Terms Used In Michigan Laws 324.5303

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Assistance: means 1 or more of the following activities to the extent authorized by the federal water pollution control act:
    (i) Provision of loans to municipalities for construction of sewage treatment works projects, stormwater management projects, or nonpoint source projects. See Michigan Laws 324.5301
  • Department: means the director of the department of natural resources or his or her designee to whom the director delegates a power or duty by written instrument. See Michigan Laws 324.301
  • Federal water pollution control act: means 33 USC 1251 to 1389. See Michigan Laws 324.5301
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Fund: means the state water pollution control revolving fund established under section 16a of the shared credit rating act, 1985 PA 227, MCL 141. See Michigan Laws 324.5301
  • Municipality: means a city, village, county, township, authority, or other public body, including either of the following:
  •     (i) An intermunicipal agency of 2 or more municipalities, authorized or created under state law. See Michigan Laws 324.5301
  • Priority list: means the annual ranked listing of projects developed by the department in section 5303. See Michigan Laws 324.5301
  • Project: means a sewage treatment works project, stormwater management project, or nonpoint source project, or a combination of these and may include utilization of more efficient energy and resources as described in any of the following:
  •     (i) The cost-effective governmental energy use act, 2012 PA 625, MCL 18. See Michigan Laws 324.5301
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
  •     (1) During the development of a planning document, a municipality shall consider and utilize, where possible, cooperative regional or intermunicipal projects in satisfying sewerage needs.
        (2) A municipality may submit a planning document for use by the department in developing a priority list. A municipality may submit as part of the planning document for a project either of the following:
        (a) Any preexisting documents or plans that were prepared for another project for other purposes.
        (b) Any preexisting documents that were developed under another local, state, or federal program, as applicable.
        (3) A planning document must include documentation that demonstrates all of the following:
        (a) The project is needed to enable maintenance of, or to progress toward, compliance with the federal water pollution control act, part 31, or part 41, and to meet the minimum requirements of the national environmental policy act of 1969, Public Law 91-190, 42 USC 4321, 4331 to 4335, and 4341 to 4347.
        (b) An analysis of alternatives that meet the requirements of part 31 or 41, including the cost of each alternative and a resolution adopted by the municipality to implement a selected alternative.
        (c) A description of project costs and how the project will be paid for including, but not limited to, an explanation of how the debt will be repaid.
        (d) A list of the environmental and public health implications and mitigation plans.
        (e) The need for the project.
        (f) That feasible alternatives to the project were evaluated, considering volume reduction opportunities and the demographic, topographic, hydrologic, and institutional characteristics of the area.
        (g) That the project is implementable from a legal, institutional, financial, and management standpoint.
        (h) Any other information required by the department.
        (4) A planning document must describe the public participation activities conducted during planning and must include all of the following:
        (a) Significant issues raised by the public and any changes to the project that were made as a result of the public participation process.
        (b) A demonstration that there were adequate opportunities for making public consultation, participation, and input in the decision-making process during alternatives selection.
        (c) A demonstration that before the adoption of the planning document, the municipality held a public meeting on the proposed project not less than 15 days after advertising the public meeting in local media of general circulation including, but not limited to, the municipality’s website, and at a time and place conducive to maximizing public input.
        (d) A demonstration that, concurrent with advertisement of the public meeting, a notice of the public meeting was sent to all affected local, state, and federal agencies and to any public or private parties that expressed an interest in the proposed project.
        (e) A summary of the public meeting including a list of all attendees, and any specific concerns that were raised.
        (5) After notice and an opportunity for public comment, the department shall annually develop separate priority lists for sewage treatment works projects and stormwater management projects, nonpoint source projects, and projects funded under the strategic water quality initiatives fund created in section 5204. Projects not funded during the time that a priority list developed under this section is in effect must be automatically prioritized on the next annual list using the same criteria, unless the municipality submits an amendment to its planning document that introduces new information to be used as the basis for prioritization. The priority lists must be based on the planning documents and the scoring criteria developed under section 5303a.
        (6) If a municipality is an overburdened community or a significantly overburdened community, the department shall automatically award the municipality at least 20% of the total allowable points.
        (7) The priority list must be submitted annually to the chair of the senate and house of representatives standing committees that primarily consider legislation pertaining to the protection of natural resources and the environment.
        (8) For purposes of providing assistance, the priority list takes effect on the first day of each fiscal year.
        (9) This section does not limit other actions undertaken to enforce part 31, part 41, the federal water pollution control act, or any other act.