Current through Vol. 24-04, March 15, 2024
Rule 12.
(1) As
authorized pursuant to the provisions of section 51(8) of the act, an
administrative penalty of not more than $500.00 per day may be assessed to a
person as set forth in the schedule in subrule (2) of this rule for any of the
following reasons:
(a) Violation of any or all
of the conditions of a minor project permit that is issued pursuant to the
provisions of section 27 of the act.
(b) Failure to submit an inspection report as
required pursuant to the provisions of section 37 of the act.
(c) Failure to provide a more detailed
investigation or evaluation of certain dam features as required by section
37(5) of the act.
(d) Failure to
comply with a first department order to limit dam operations as authorized
pursuant to the provisions of section 39(1) of the act where significant
impairment of resources has not resulted.
(e) Failure to notify the department and
affected off-site public authorities and safety agencies, pursuant to the
provisions of section 41(1) of the act, of any flood or unusual circumstance or
occurrence, within 24 hours of the circumstance or occurrence, that endangers
the safety of a dam, but where significant damage to property or natural
resources does not occur.
(f)
Failure to notify the department of actions taken in response to emergency
conditions pursuant to the provisions of section 41(2) of the act.
(g) Failure to comply with the provisions of
an emergency order that relates to any of the following as authorized pursuant
to the provisions of section 43(2) of the act:
(i) Maximum drawdown levels and discharge
rates.
(ii) Conducting required
sediment surveys, water quality sampling, or monitoring.
(iii) Any other requirement where significant
impairment of resources has not resulted.
(h) Failure to prepare, keep current, and
submit to the department an emergency action plan as required pursuant to the
provisions of section 47 of the act.
(i) Failure to comply with a first order to
comply with permit conditions or to restore the site affected to its original
condition pursuant to the provisions of section 49(1) of the act.
(j) Violation of any of the following permit
conditions:
(i) Failure to supply data or
information.
(ii) Failure to
provide required minimum flow releases where significant impairment of
resources has not resulted.
(iii)
Violation of any permit condition where significant impairment of resources has
not occurred.
Each violation and act of noncompliance and each day such a
violation or act occurs or continues to occur will be considered a separate
violation.
(2) The following administrative penalty
schedule shall apply for noncompliance or violations as set forth in subrule
(1) of this rule:
(a) First through the fifth
day the violation occurs - not more than $100.00 per day.
(b) Sixth through the tenth day the violation
occurs - not more than $200.00 per day.
(c) Eleventh through the fifteenth day the
violation occurs - not more than $300.00 per day.
(d) Sixteenth through the twentieth day the
violation occurs - not more than $400.00 per day.
(e) Twenty-first day until the violation is
resolved - not more than $500.00 per day.
(3) All administrative penalties will be
assessed by written notice from the department. The notice shall state the
specific reasons for the penalty, the number of days the department considers
the person in violation, and the total amount due based on the schedule in
subrule (2) of this rule.
(4) If so
requested, the department shall provide a person, subject to the administrative
penalty provisions of section 51(8) of the act, an opportunity for a hearing
pursuant to the provisions of Act No. 306 of the Public Acts of 1969, as
amended, being §24.201 et seq. of the Michigan Compiled Laws.
(5) Notice of intent to assess administrative
penalties pursuant to section 51(8) of the act shall be given either through
written notice by certified mail or personal service on the person by the
director, his or her designated representative, or a peace officer.
(6) Penalties that are administered pursuant
to the provisions of section 51(8) of the act may be in addition to any other
penalties or remedies authorized by the act or its rules.
