Bill Text: MI SB0678 | 2009-2010 | 95th Legislature | Chaptered
Bill Title: Environmental protection; sewage; intermunicipal water and sewer authority; authorize rules to be enforced by contracting Indian tribes. Amends sec. 4d of 1955 PA 233 (MCL 124.284d).
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2009-12-17 - Assigned Pa 0167'09 With Immediate Effect [SB0678 Detail]
Download: Michigan-2009-SB0678-Chaptered.html
Act No. 167
Public Acts of 2009
Approved by the Governor
December 11, 2009
Filed with the Secretary of State
December 14, 2009
EFFECTIVE DATE: December 14, 2009
STATE OF MICHIGAN
95TH LEGISLATURE
REGULAR SESSION OF 2009
Introduced by Senators Cropsey, Barcia and Pappageorge
ENROLLED SENATE BILL No. 678
AN ACT to amend 1955 PA 233, entitled “An act to provide for the incorporation of certain municipal authorities to acquire, own, extend, improve, and operate sewage disposal systems, water supply systems, and solid waste management systems; to prescribe the rights, powers, and duties thereof; to authorize contracts between such authorities and public corporations; to provide for the issuance of bonds to acquire, construct, extend, or improve the systems; and to prescribe penalties and provide remedies,” by amending section 4d (MCL 124.284d), as added by 1985 PA 178.
The People of the State of Michigan enact:
Sec. 4d. (1) Subject to subsections (2) and (3), rules and regulations promulgated under this act are enforceable by the authority, its constituent municipalities, and municipalities or Indian tribes that have contracted with the authority for the furnishing of service pursuant to section 10. A person charged with enforcement of those rules and regulations may issue a citation or an appearance ticket to any person who is reasonably believed to have violated a rule or regulation promulgated under this act.
(2) The authority shall exercise its enforcement powers under this act against a violator within a municipality.
(3) A municipality or Indian tribe may exercise its enforcement powers under this act against a violator in territory under its jurisdiction.
(4) For the purposes of this section, enforcement powers include the power to bring an action in a court of competent jurisdiction to enjoin the violation of a rule or regulation promulgated under this act or to recover actual damages sustained due to the violation, or both. Costs and fees shall be awarded in those actions as provided in sections 2401 to 2461 of the revised judicature act of 1961, 1961 PA 236, MCL 600.2401 to 600.2461, or other applicable law.
This act is ordered to take immediate effect.
Secretary of the Senate
Clerk of the House of Representatives
Approved
Governor
