Section 281.1312. Administrative monetary penalties.

(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.

History: 1993 AACS.