Sec. 32706b.
(1) Beginning on the effective date of the implementation of the assessment tool under section 32706a, prior to registering a new or increased large quantity withdrawal under section 32705 for a proposed withdrawal from a stream or river, or from groundwater, the property owner proposing to make the withdrawal shall utilize the assessment tool by entering the data related to the proposed withdrawal into the assessment tool. However, a person who intends to make a new or increased large quantity withdrawal for the purpose of dewatering a mine that has a permit under part 31 and is not regulated under part 631, 632, or 637 may choose to submit a request for a site-specific review rather than utilize the assessment tool.
(2) Upon entry of the relevant data under subsection (1), the assessment tool shall indicate to the user whether or not the proposed withdrawal is likely to cause an adverse resource impact and whether the proposed withdrawal falls into the category of zone A, zone B, zone C, or zone D.
(3) If the assessment tool designates a proposed withdrawal as a zone A withdrawal, or a zone B withdrawal in a cool river system or a warm river system, the property owner may register the withdrawal and proceed to make the withdrawal.
(4) If the assessment tool designates a proposed withdrawal as a zone B withdrawal in a cold-transitional river system, or a zone C or zone D withdrawal, the property owner shall not register the withdrawal or make the withdrawal except in accordance with section 32706c.
(5) After a property owner registers a withdrawal, if, in developing the capacity to make the withdrawal, the conditions of the withdrawal deviate from the specific data that were entered into the assessment tool, the property owner shall rerun the assessment tool and shall enter the corrected data into the assessment tool. The property owner shall notify the department of the corrected data and the corrected results from the assessment tool. If the corrected data do not change the determination of the assessment tool, the property owner may proceed with the withdrawal. If the corrected data change the determination from the assessment tool, the property owner shall proceed under the provisions of this part related to the corrected assessment tool determination.
History: Add. 2008, Act 185, Imd. Eff. July 9, 2008 Popular Name: Act 451Popular Name: NREPA
Structure Michigan Compiled Laws
Chapter 324 - Natural Resources and Environmental Protection
Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106)
Article III - Natural Resources Management (324.30101...324.83109)
451-1994-III-1 - Chapter 1 Habitat Protection (324.30101...324.36507)
451-1994-III-1-THE-GREAT-LAKES - The Great Lakes (324.32101...324.34201)
451-1994-III-1-THE-GREAT-LAKES-327 - Part 327 Great Lakes Preservation (324.32701...324.32730)
Section 324.32701 - Definitions; Retention of Established Baseline Capacity.
Section 324.32702 - Legislative Findings and Declarations; Authority.
Section 324.32703 - Diversion of Waters Prohibited.
Section 324.32703a - Diversion; Authorization; Conditions.
Section 324.32704 - Applicability of MCL 324.32703.
Section 324.32704a - Diversion; Proposal; Comment Period; Notification; Waiver.
Section 324.32706e - Cumulative Withdrawals; Determination of Adverse Impact.
Section 324.32707 - Reporting Requirements; Forms; Water Use Reporting Fees.
Section 324.32709 - Informational Materials.
Section 324.32711, 324.32712 - Repealed. 2006, Act 33, Imd. Eff. Feb. 28, 2006.
Section 324.32722 - Presumption.
Section 324.32724 - 324.32724 Repealed. 2008, Act 181, Imd. Eff. July 9, 2008.
Section 324.32726 - Local Ordinance.
Section 324.32727 - Exemptions; Compilation and Sharing of Certain Data.
Section 324.32728 - Construction and Scope of Act; Rules.