Act 368 of 1978

333.12562 Application of chemicals lawful; permit to conduct control work; expiration; times, conditions, and safeguards; fee submitted with permit application; disposition of fee.

Sec. 12562.

(1) The application to the waters of the state of chemicals necessary for the control of aquatic nuisances, such as swimmers' itch and aquatic plants, is lawful and not in contravention of the private or public rights to the use and enjoyment of abutting property by the owners or occupants of that property if the application complies with sections 12561 to 12563 and rules promulgated under section 12561.

(2) After obtaining a permit from the department of environmental quality, any of the following may conduct necessary control work authorized under this section:

(a) The state or a political subdivision.

(b) An organized lake or improvement association on behalf of its members.

(c) The owner of property abutting the waters of the state.

(d) An aquatic pest control applicator licensed under part 83 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.8301 to 324.8336.

(3) A permit required under this section may be obtained by application to the department of environmental quality. Unless revoked, the permit expires on December 31 of the calendar year in which it was issued.

(4) The necessary control work authorized under this section shall be conducted at those times, under those conditions, and with those safeguards, as the department of environmental quality requires. Persons issued permits under this section shall provide at their own expense chemicals and other equipment and services called for in the rules promulgated by the department of environmental quality.

(5) Until October 1, 2008, an application for a permit under this section for control work qualifying for a certificate of coverage under a general permit shall be accompanied by a fee of $75.00. Until October 1, 2008, an application for a permit under this section for any other control work shall be accompanied by the following fee, based on the size of the area of impact:

(a) Less than 1/2 acre, $75.00.

(b) One-half acre or more but less than 5 acres, $200.00.

(c) Five acres or more but less than 20 acres, $400.00.

(d) Twenty acres or more but less than 100 acres, $800.00.

(e) One hundred acres or more, $1,500.00.

(6) The department of environmental quality shall forward fees collected under this section to the state treasurer for deposit in the land and water management permit fee fund created in section 30113 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.30113.

History: 1978, Act 368, Eff. Sept. 30, 1978 ;--Am. 1993, Act 153, Eff. Sept. 30, 1993 ;--Am. 1995, Act 174, Imd. Eff. Oct. 9, 1995 ;--Am. 1996, Act 67, Imd. Eff. Feb. 26, 1996 ;--Am. 1999, Act 41, Imd. Eff. June 9, 1999 ;--Am. 2003, Act 164, Imd. Eff. Aug. 12, 2003 .

Popular Name: Act 368

© 2004 Legislative Council, State of Michigan