(1) Subject to subsections (2), (4), and (5), a person shall not chemically treat either of the following for purposes of aquatic nuisance control unless the person has obtained from the department an individual permit or a certificate of coverage under this part:
  (a) Any waters of the state, if water is visibly present or contained in the area of impact at the time of chemical treatment.

Terms Used In Michigan Laws 324.3303

  • Aquatic nuisance: means an organism that lives or propagates, or both, within the aquatic environment and that impairs the use or enjoyment of the waters of the state, including the intermediate aquatic hosts for schistosomes that cause swimmer's itch. See Michigan Laws 324.3301
  • Certificate of coverage: means written authorization from the department to implement a project under a general permit. See Michigan Laws 324.3301
  • Department: means the department of environmental quality. See Michigan Laws 324.3301
  • Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 324.301
  • shall not apply: means that the pertinent provision is not operative as to certain persons or things or in conjunction with a particular date or dates. See Michigan Laws 8.4c
  • state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
  • waterbody: means groundwaters, lakes, ponds, rivers, streams, and wetlands and all other watercourses and waters within the jurisdiction of this state including the Great Lakes bordering this state. See Michigan Laws 324.3302
  (b) The Great Lakes or Lake St. Clair if the area of impact is exposed bottomland located below the ordinary high-water mark.
  (2) Subject to subsections (3), (4), and (5), a person may chemically treat waters of the state for purposes of aquatic nuisance control without obtaining from the department an individual permit or a certificate of coverage if all of the following criteria are met:
  (a) The waterbody does not have an outlet.
  (b) There is no record of species on a list of endangered or threatened species referred to in part 365.
  (c) The waterbody has a surface area of less than 10 acres.
  (d) If the bottomlands of the waterbody are owned by more than 1 person, written permission for the proposed chemical treatment is obtained from each owner.
  (e) The person posts the area of impact in the manner provided in section 3310(d).
  (3) A person conducting a chemical treatment authorized under subsection (2) shall maintain any written permissions required under subsection (2) and records of treatment, including treatment date, chemicals applied, amounts applied, and a map indicating the area of impact, for 1 year from the date of each chemical treatment. The records shall be made available to the department upon request.
  (4) A person shall not apply for a permit or certificate of coverage under subsection (1) or conduct a chemical treatment described in this section unless the person is 1 or more of the following:
  (a) An owner of bottomland within the proposed area of impact.
  (b) A lake board established under part 309 for the affected waterbody.
  (c) A state or local governmental entity.
  (d) A person who has written authorization to act on behalf of a person described in subdivision (a), (b), or (c).
  (5) The chemical treatment of waters authorized pursuant to part 31 is not subject to this part.
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