2005 House Bill 4860 / Public Act 241

Clarify municipal sewer discharge liability

Introduced in the House

June 2, 2005

Introduced by Rep. Kevin Elsenheimer (R-105)

To exempt municipalities from liability if another person makes an unauthorized discharge into a municipal sewer system. It is illegal to dump certain substances into a sewer.

Referred to the Committee on Natural Resources, Great Lakes, Land Use, and Environment

June 16, 2005

Reported without amendment

With the recommendation that the substitute (H-4) be adopted and that the bill then pass.

June 23, 2005

Substitute offered

To replace the previous version of the bill with one that exempts municipalities from liability for illegal discharges from a sewerage system owned by a party other than the municipality.

The substitute passed by voice vote

Amendment offered by Rep. Kevin Elsenheimer (R-105)

To clarify the extent of the liability exemption.

The amendment passed by voice vote

Passed in the House 109 to 0 (details)

To exempt municipalities from liability for illegal discharges from a sewerage system owned by a party other than the municipality, unless the municipality had accepted responsibility in writing for the other sewerage system. See also Senate Bill 356 and 419, which propose regulations on private, investor-owned wastewater treatment facilities.

Received in the Senate

June 28, 2005

Referred to the Committee on Natural Resources and Environmental Affairs

Oct. 27, 2005

Reported without amendment

With the recommendation that the substitute (S-2) be adopted and that the bill then pass.

Nov. 1, 2005

Substitute offered

To replace the previous version of the bill with one that revises details but does not change the substance of the bill as previously described.

The substitute passed by voice vote

Nov. 3, 2005

Passed in the Senate 38 to 0 (details)

To exempt municipalities from liability for illegal discharges from a sewerage system owned by a party other than the municipality, unless the municipality had accepted responsibility in writing for the other sewerage system. See also Senate Bill 356 and 419, which propose regulations on private, investor-owned wastewater treatment facilities.

Received in the House

Nov. 3, 2005

Nov. 8, 2005

Passed in the House 101 to 0 (details)

To concur with the Senate-passed version of the bill.

Signed by Gov. Jennifer Granholm

Nov. 22, 2005