Covered dock owners and others would notify state environmental and local health officials about failures and related polluting releases, if both companion bills also become law.
Covered people would report dock failures or related releases that may pollute Michigan waters by phone within 24 hours and in writing within 10 days, if both companion bills become law.
People who fail to report a covered release to state environmental officials or the local 911 center would face a $2,500–$5,000 civil fine, if both companion bills become law.
Covered defendants who knowingly or recklessly risk death or serious injury would face up to five years in prison and at least a $1 million fine, if both companion bills become law.
Civil fines and other court awards would go into a fund for damaged Michigan waters. Cleanup spending would require lawmakers' approval, and both companion bills would need to become law.
Covered people would notify state environmental officials of dock failures or related releases of substances that may pollute Michigan waters. The duty covers docks in or beside Michigan waters. It applies to dock owners and operators, substance owners, and people loading or unloading the substance when the release occurs. People required to report a release would also call the local 911 center at the same time. Phone notice must use the state's pollution emergency alerting service, if it exists. These requirements would take effect only if Senate Bills 1182 and 1183 also become law. After detection, phone notice would be due as soon as practical, within 24 hours. Within 10 days, a report to state environmental and local health officials would explain the cause, discovery, and steps taken or planned to prevent another incident.
Courts would impose a $2,500–$5,000 civil fine for failing to report a covered release to state environmental officials or the local 911 center. This covers people required to report a release under the water protection rules or the dock-related reporting provision. The fine applies to the release-reporting duty in section 3111b(1). This provision would take effect only if Senate Bills 1182 and 1183 also become law.
Courts would impose imprisonment of up to five years and a fine of at least $1 million for covered criminal defendants. This applies to criminal defendants whose water protection violations seriously endangered public health, safety, or welfare. The court must find knowing or reckless conduct that caused a danger of death or serious injury, with awareness of that danger or gross disregard for reasonable care. These penalties would apply in addition to the underlying criminal penalties. This provision would take effect only if Senate Bills 1182 and 1183 also become law.
Michigan would put civil fines and other court awards under section 3115 into the Great Lakes and rivers protection fund. The fund could also receive money or other assets accepted by the state treasurer. Interest and investment earnings would go back into the fund. Lawmakers would need to approve spending before state environmental officials could use the money. Spending would be limited to assessing risks and cleaning up Michigan waters affected by water protection violations. This provision would take effect only if Senate Bills 1182 and 1183 also become law. Unused money would stay in the fund at the end of each fiscal year.
No hearings or votes scheduled.