May 15, 2007, Introduced by Senators VAN WOERKOM, GILBERT, JELINEK, KUIPERS, PATTERSON, CROPSEY and STAMAS and referred to the Committee on Agriculture.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 3101, 3109, 3112, 3115, 5303, 8201, 8202,
8203, 8206, 8801, 8802, and 8803 (MCL 324.3101, 324.3109, 324.3112,
324.3115, 324.5303, 324.8201, 324.8202, 324.8203, 324.8206,
324.8801, 324.8802, and 324.8803), section 3101 as amended by 2006
PA 97, section 3109 as amended by 2005 PA 241, section 3112 as
amended by 2005 PA 33, section 3115 as amended by 2004 PA 143,
section 5303 as amended by 2002 PA 398, sections 8201, 8202, 8203,
and 8206 as added by 2001 PA 176, and sections 8801, 8802, and 8803
as added by 1998 PA 287, and by adding section 8209.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3101. As used in this part:
(a) "Agricultural storm water discharge" means a
precipitation-related discharge from a MAEAP-verified farm that, at
the time of discharge, is managed in accordance with the site-
specific nutrient management plan approved under that verification.
(b) "Animal feeding operation" or "AFO" means a lot or
facility, other than an aquaculture facility, where animals, other
than aquaculture species, have been, are, or will be stabled or
confined and fed or maintained for a total of 45 days or more in
any 12-month period, and crops, vegetation, forage growth, or
postharvest residues are not sustained in the normal growing season
over any portion of the lot or facility.
(c) (a)
"Aquatic nuisance
species" means a nonindigenous
species that threatens the diversity or abundance of native species
or the ecological stability of infested waters, or commercial,
agricultural, aquacultural, or recreational activities dependent on
such waters.
(d) (b)
"Ballast water" means
water and associated solids
taken on board a vessel to control or maintain trim, draft,
stability, or stresses on the vessel, without regard to the manner
in which it is carried.
(e) (c)
"Ballast water treatment
method" means a method of
treating ballast water and sediments to remove or destroy living
biological organisms through 1 or more of the following:
(i) Filtration.
(ii) The application of biocides or ultraviolet light.
(iii) Thermal methods.
(iv) Other treatment techniques approved by the department.
(f) (d)
"Department" means the
department of environmental
quality.
(g) (e)
"Detroit
consumer price index" means the most
comprehensive index of consumer prices available for the Detroit
area from the United States department of labor, bureau of labor
statistics.
(h) (f)
"Emergency management
coordinator" means that term as
defined in section 2 of the emergency management act, 1976 PA 390,
MCL 30.402.
(i) (g)
"Great Lakes"
means the Great Lakes and their
connecting waters, including Lake St. Clair.
(j) (h)
"Group 1 facility" means
a facility whose discharge is
described by R 323.2218 of the Michigan administrative code.
(k) (i)
"Group 2 facility" means
a facility whose discharge is
described by R 323.2210(y), R 323.2215, or R 323.2216 of the
Michigan administrative code.
(l) (j)
"Group 3 facility" means
a facility whose discharge is
described by R 323.2211 or R 323.2213 of the Michigan
administrative code.
(m) "Large CAFO" is an AFO that stables or confines as many as
or more than the numbers of animals specified in any of the
following categories:
(i) 700 mature dairy cows, whether milked or dry.
(ii) 1,000 veal calves.
(iii) 1,000 cattle other than mature dairy cows or veal calves.
Cattle includes heifers, steers, bulls, and cow/calf pairs.
(iv) 2,500 swine each weighing 55 pounds or more.
(v) 10,000 swine each weighing less than 55 pounds.
(vi) 500 horses.
(vii) 10,000 sheep or lambs.
(viii) 55,000 turkeys.
(ix) 30,000 laying hens or boilers, if the AFO uses a liquid
manure handling system.
(x) 125,000 chickens, other than laying hens, if the AFO uses
other than a liquid manure handling system.
(xi) 82,000 laying hens, if the AFO uses other than a liquid
manure handling system.
(xii) 30,000 ducks, if the AFO uses other than a liquid manure
handling system.
(xiii) 5,000 ducks, if the AFO uses a liquid manure handling
system.
(n) (k)
"Local health department"
means that term as defined
in section 1105 of the public health code, 1978 PA 368, MCL
333.1105.
(o) (l) "Local
unit" means a county, city, village, or township
or an agency or instrumentality of any of these entities.
(p) "MAEAP-verified farm" means that term as it is defined in
section 8201.
(q) "MAEAP-verified large CAFO" means a large CAFO that has
been verified under section 8203 and is managed in accordance with
generally accepted agricultural and management practices under the
Michigan right to farm act, 1981 PA 93, MCL 286.471 to 286.474,
related to siting, odor, and manure management as determined by the
director of the department of agriculture.
(r) (m)
"Municipality" means this
state, a county, city,
village, or township, or an agency or instrumentality of any of
these entities.
(s) (n)
"National response
center" means the national
communications center established under the clean water act, 33 USC
1251 to 1387, located in Washington, DC, that receives and relays
notice of oil discharge or releases of hazardous substances to
appropriate federal officials.
(t) (o)
"Nonoceangoing vessel" means
a vessel that is not an
oceangoing vessel.
(u) (p)
"Oceangoing vessel" means
a vessel that operates on
the Great Lakes or the St. Lawrence waterway after operating in
waters outside of the Great Lakes or the St. Lawrence waterway.
(v) (q)
"Open water disposal of
contaminated dredge materials"
means the placement of dredge materials contaminated with toxic
substances as defined in R 323.1205 of the Michigan administrative
code into the open waters of the waters of the state but does not
include the siting or use of a confined disposal facility
designated by the United States army corps of engineers or beach
nourishment activities utilizing uncontaminated materials.
(w) (r)
"Primary public safety
answering point" means that
term as defined in section 102 of the emergency telephone service
enabling act, 1986 PA 32, MCL 484.1102.
(x) (s)
"Sediments" means any
matter settled out of ballast
water within a vessel.
(y) (t)
"Sewage sludge" means
sewage sludge generated in the
treatment of domestic sewage, other than only septage or industrial
waste.
(z) (u)
"Sewage sludge
derivative" means a product for land
application derived from sewage sludge that does not include solid
waste or other waste regulated under this act.
(aa) (v)
"Sewage sludge generator"
means a person who
generates sewage sludge that is applied to land.
(bb) (w)
"Sewage sludge
distributor" means a person who
applies, markets, or distributes, except at retail, a sewage sludge
derivative.
(cc) (x)
"St. Lawrence waterway"
means the St. Lawrence river,
the St. Lawrence seaway, and the gulf of St. Lawrence.
(dd) (y)
"Threshold reporting
quantity" means that term as
defined in R 324.2002 of the Michigan administrative code.
(ee) (z)
"Waters of the state"
means groundwaters, lakes,
rivers, and streams and all other watercourses and waters,
including the Great Lakes, within the jurisdiction of this state.
Sec. 3109. (1) A person shall not directly or indirectly
discharge into the waters of the state a substance that is or may
become injurious to any of the following:
(a) To the public health, safety, or welfare.
(b) To domestic, commercial, industrial, agricultural,
recreational, or other uses that are being made or may be made of
such waters.
(c) To the value or utility of riparian lands.
(d) To livestock, wild animals, birds, fish, aquatic life, or
plants or to their growth or propagation.
(e) To the value of fish and game.
(2) The discharge of any raw sewage of human origin, directly
or
indirectly, into any of the waters of the state shall be
considered
is prima facie evidence of a violation of this part by
the municipality in which the discharge originated unless the
discharge is permitted by an order or rule of the department. If
the discharge is not the subject of a valid permit issued by the
department, a municipality responsible for the discharge may be
subject to the remedies provided in section 3115. If the discharge
is the subject of a valid permit issued by the department pursuant
to section 3112, and is in violation of that permit, a municipality
responsible for the discharge is subject to the penalties
prescribed in section 3115.
(3) Notwithstanding subsection (2), a municipality is not
responsible or subject to the remedies provided in section 3115 for
an unauthorized discharge from a sewerage system as defined in
section 4101 that is permitted under this part and owned by a party
other than the municipality, unless the municipality has accepted
responsibility in writing for the sewerage system and, with respect
to the civil fine and penalty under section 3115, the municipality
has been notified in writing by the department of its
responsibility for the sewerage system.
(4) Unless authorized by a permit, order, or rule of the
department, the discharge into the waters of this state of any
medical waste, as defined in part 138 of the public health code,
1978 PA 368, MCL 333.13801 to 333.13831, is prima facie evidence of
a violation of this part and subjects the responsible person to the
penalties prescribed in section 3115.
(5) Beginning January 1, 2007, unless a discharge is
authorized by a permit, order, or rule of the department, the
discharge into the waters of this state from an oceangoing vessel
of any ballast water is prima facie evidence of a violation of this
part and subjects the responsible person to the penalties
prescribed in section 3115.
(6) A violation of this section is prima facie evidence of the
existence of a public nuisance and in addition to the remedies
provided for in this part may be abated according to law in an
action brought by the attorney general in a court of competent
jurisdiction.
(7) Notwithstanding any other provision of this part, an
agricultural storm water discharge shall not be considered a
violation of this part or the rules promulgated under this part.
(8) The department shall review and provide environmental
input to the department of agriculture on all generally accepted
agricultural and management practices established under the
Michigan right to farm act, 1981 PA 93, MCL 286.471 to 286.474,
designed to protect water resources.
Sec. 3112. (1) A person shall not discharge any waste or waste
effluent into the waters of this state unless the person is in
possession of a valid permit from the department.
(2) An application for a permit under subsection (1) shall be
submitted to the department. Within 30 days after an application
for a new or increased use is received, the department shall
determine whether the application is administratively complete.
Within 90 days after an application for reissuance of a permit is
received, the department shall determine whether the application is
administratively complete. If the department determines that an
application is not complete, the department shall notify the
applicant in writing within the applicable time period. If the
department does not make a determination as to whether the
application is complete within the applicable time period, the
application shall be considered to be complete.
(3) The department shall condition the continued validity of a
permit upon the permittee's meeting the effluent requirements that
the department considers necessary to prevent unlawful pollution by
the dates that the department considers to be reasonable and
necessary and to assure compliance with applicable federal law and
regulations. If the department finds that the terms of a permit
have been, are being, or may be violated, it may modify, suspend,
or revoke the permit or grant the permittee a reasonable period of
time in which to comply with the permit. The department may reissue
a revoked permit upon a showing satisfactory to the department that
the permittee has corrected the violation. A person who has had a
permit revoked may apply for a new permit. If the owner or operator
of a large CAFO is convicted of a violation of this part or found
responsible for a civil violation under section 3115 by a court,
the department shall not reissue a permit under this section or
issue a new permit to that owner or operator unless all of the
following conditions are met:
(a) The permit prohibits the expansion of the animal feeding
operation or any new animal feeding operation which, cumulatively,
would exceed the animal production capacity at the AFO on the date
of the violation for a period of 3 years after the date of the
court action.
(b) The permit applicant has fully complied with any
requirements of the court and is in compliance with this part and
the rules promulgated under this part.
(c) The permit requires all of the following:
(i) That the permittee annually test the water quality of
ambient waters in the vicinity of the AFO to assure compliance with
state water quality standards and report that information to the
department.
(ii) That the permittee annually test soil samples at the
location of the AFO for phosphorus and report that information to
the department.
(iii) That the permittee agree to discontinue manure
applications at the AFO if the Bray P1 soil test is in excess of
150 parts per million until nutrient use by crops reduces
phosphorus test levels less than 150 parts per million.
(iv) That the permittee obtain a bond or other mechanism of
financial assurance approved by the department in an amount not
less than $100,000.00 that may be accessed by the department for
remediation in the event of a discharge.
(4) The results of testing under subsection (3)(c) are exempt
from the freedom of information act, 1976 PA 442, MCL 15.231 to
15.246, unless the department determines that water quality
standards in ambient waters in the vicinity of the AFO have been
caused by the large CAFO.
(5) (4)
If the department determines that a
person is causing
or is about to cause unlawful pollution of the waters of this
state, the department may notify the alleged offender of its
determination and enter an order requiring the person to abate the
pollution or refer the matter to the attorney general for legal
action, or both.
(6) (5)
A person who is aggrieved by an
order of abatement of
the department or by the reissuance, modification, suspension, or
revocation of an existing permit of the department executed
pursuant to this section may file a sworn petition with the
department setting forth the grounds and reasons for the complaint
and asking for a contested case hearing on the matter pursuant to
the administrative procedures act of 1969, 1969 PA 306, MCL 24.201
to 24.328. A petition filed more than 60 days after action on the
order or permit may be rejected by the department as being
untimely.
(7) (6)
Beginning January 1, 2007, all
oceangoing vessels
engaging in port operations in this state shall obtain a permit
from the department. The department shall issue a permit for an
oceangoing vessel only if the applicant can demonstrate that the
oceangoing vessel will not discharge aquatic nuisance species or if
the oceangoing vessel discharges ballast water or other waste or
waste effluent, that the operator of the vessel will utilize
environmentally sound technology and methods, as determined by the
department, that can be used to prevent the discharge of aquatic
nuisance species. The department shall cooperate to the fullest
extent practical with other Great Lakes basin states, the Canadian
Great Lakes provinces, the Great Lakes panel on aquatic nuisance
species, the Great Lakes fishery commission, the international
joint commission, and the Great Lakes commission to ensure
development of standards for the control of aquatic nuisance
species that are broadly protective of the waters of the state and
other natural resources. Permit fees for permits under this
subsection shall be assessed as provided in section 3120. The
permit fees for an individual permit issued under this subsection
shall be the fees specified in section 3120(1)(a) and (5)(a). The
permit fees for a general permit issued under this subsection shall
be the fees specified in section 3120(1)(c) and (5)(b)(i). Permits
under this subsection shall be issued in accordance with the
timelines provided in section 3120. The department may promulgate
rules to implement this subsection.
(8) An animal feeding operation shall obtain a permit under
this part if any of the following circumstances exist:
(a) The animal feeding operation is 5 times larger than the
minimum size of a large CAFO.
(b) The animal feeding operation is a large CAFO that is not
an MAEAP-verified large CAFO.
(c) The animal feeding operation has a discharge, that is not
an agricultural storm water discharge, of pollutants into the
waters of the state in violation of state water quality standards.
(9) As a condition of a permit issued under subsection (8),
the department shall require that the permittee prepare and
implement a site-specific nutrient management plan as defined in
section 8201 to assure that water quality standards are met.
Sec. 3115. (1) The department may request the attorney general
to commence a civil action for appropriate relief, including a
permanent or temporary injunction, for a violation of this part or
a provision of a permit or order issued or rule promulgated under
this part. An action under this subsection may be brought in the
circuit court for the county of Ingham or for the county in which
the defendant is located, resides, or is doing business. If
requested by the defendant within 21 days after service of process,
the court shall grant a change of venue to the circuit court for
the county of Ingham or for the county in which the alleged
violation occurred, is occurring, or, in the event of a threat of
violation, will occur. The court has jurisdiction to restrain the
violation and to require compliance. In addition to any other
relief granted under this subsection, the court, except as
otherwise provided in this subsection, shall impose a civil fine of
not less than $2,500.00 and the court may award reasonable attorney
fees and costs to the prevailing party. However, all of the
following apply:
(a) The maximum fine imposed by the court shall be not more
than $25,000.00 per day of violation.
(b) For a failure to report a release to the department or to
the primary public safety answering point under section 3111b(1),
the court shall impose a civil fine of not more than $2,500.00.
(c) For a failure to report a release to the local health
department under section 3111b(2), the court shall impose a civil
fine of not more than $500.00.
(2) A person who at the time of the violation knew or should
have known that he or she discharged a substance contrary to this
part, or contrary to a permit or order issued or rule promulgated
under this part, or who intentionally makes a false statement,
representation, or certification in an application for or form
pertaining to a permit or in a notice or report required by the
terms and conditions of an issued permit, or who intentionally
renders inaccurate a monitoring device or record required to be
maintained by the department, is guilty of a felony and shall be
fined not less than $2,500.00 or more than $25,000.00 for each
violation. The court may impose an additional fine of not more than
$25,000.00 for each day during which the unlawful discharge
occurred. If the conviction is for a violation committed after a
first conviction of the person under this subsection, the court
shall impose a fine of not less than $25,000.00 per day and not
more than $50,000.00 per day of violation. Upon conviction, in
addition to a fine, the court in its discretion may sentence the
defendant to imprisonment for not more than 2 years or impose
probation upon a person for a violation of this part. With the
exception of the issuance of criminal complaints, issuance of
warrants, and the holding of an arraignment, the circuit court for
the county in which the violation occurred has exclusive
jurisdiction.
However, the person shall is
not be subject to the
penalties of this subsection if the discharge of the effluent is in
conformance with and obedient to a rule, order, or permit of the
department. In addition to a fine, the attorney general may file a
civil suit in a court of competent jurisdiction to recover the full
value of the injuries done to the natural resources of the state
and the costs of surveillance and enforcement by the state
resulting from the violation.
(3) Upon a finding by the court that the actions of a civil
defendant pose or posed a substantial endangerment to the public
health, safety, or welfare, the court shall impose, in addition to
the sanctions set forth in subsection (1), a fine of not less than
$500,000.00 and not more than $5,000,000.00.
(4) Upon a finding by the court that the actions of a criminal
defendant pose or posed a substantial endangerment to the public
health, safety, or welfare, the court shall impose, in addition to
the penalties set forth in subsection (2), a fine of not less than
$1,000,000.00 and, in addition to a fine, a sentence of 5 years'
imprisonment.
(5) To find a defendant civilly or criminally liable for
substantial endangerment under subsection (3) or (4), the court
shall determine that the defendant knowingly or recklessly acted in
such a manner as to cause a danger of death or serious bodily
injury and that either of the following occurred:
(a) The defendant had an actual awareness, belief, or
understanding that his or her conduct would cause a substantial
danger of death or serious bodily injury.
(b) The defendant acted in gross disregard of the standard of
care that any reasonable person should observe in similar
circumstances.
(6) Knowledge possessed by a person other than the defendant
under subsection (5) may be attributable to the defendant if the
defendant took affirmative steps to shield himself or herself from
the relevant information.
(7) A civil fine or other award ordered paid pursuant to this
section shall do both of the following:
(a) Be payable to the state of Michigan and credited to the
general fund. However, if the violation occurred at an animal
feeding operation, the fine shall be credited to the agriculture
pollution prevention fund created in section 8206.
(b) Constitute a lien on any property, of any nature or kind,
owned by the defendant.
(8)
A lien under subsection (7)(b) shall take effect and have
takes effect and has priority over all other liens and encumbrances
except those filed or recorded prior to the date of judgment, but
only if notice of the lien is filed or recorded as required by
state or federal law.
(9) A lien filed or recorded pursuant to subsection (8) shall
be terminated according to the procedures required by state or
federal law within 14 days after the fine or other award ordered to
be paid is paid.
(10) In addition to any other method of collection, any fine
or other award ordered paid may be recovered by right of setoff to
any debt owed to the defendant by the state of Michigan, including
the right to a refund of income taxes paid.
Sec. 5303. (1) Municipalities shall consider and utilize,
where possible, cooperative regional or intermunicipal projects in
satisfying sewerage needs in the development of project plans.
(2) A municipality may submit a project plan for use by the
department in developing a priority list.
(3) The project plan for a tier I project shall include
documentation that demonstrates that the project is needed to
assure maintenance of, or to progress toward, compliance with the
federal water pollution control act or part 31, and to meet the
minimum requirements of the national environmental policy act of
1969,
Public Law 91-190, 42 U.S.C. USC 4321 ,
4331 to 4335, and
4341
to 4347. The documentation shall
demonstrate all of the
following:
(a) The need for the project.
(b) That feasible alternatives to the project were evaluated
taking into consideration volume reduction opportunities and the
demographic, topographic, hydrologic, and institutional
characteristics of the area.
(c) That the project is cost effective and implementable from
a legal, institutional, financial, and management standpoint.
(d) Other information as required by the department.
(4) The project plan for a tier II project shall include
documentation that demonstrates that the project is or was needed
to assure maintenance of or progress towards compliance with the
federal water pollution control act or part 31, and is consistent
with all applicable state environmental laws. The documentation
shall include all of the following information:
(a) Information to demonstrate the need for the project.
(b) A showing that the cost of the project is or was
justified, taking into account available alternatives. Those costs
determined by the department to be in excess of those costs
justified will not be eligible for assistance under this part.
(5) After notice and an opportunity for public comment, the
department shall annually develop separate priority lists for
sewage treatment works projects and stormwater treatment projects,
for nonpoint source projects, and for projects funded under the
strategic water quality initiatives fund created in section 5204.
Projects not funded during the time that a priority list developed
under this section is in effect shall be automatically prioritized
on the next annual list using the same criteria, unless the
municipality submits an amendment to its plan that introduces new
information to be used as the basis for prioritization. These
priority lists shall be based upon project plans submitted by
municipalities, and the following criteria:
(a) That a project complies with all applicable standards in
part 31 and the federal water pollution control act.
(b) An application for a segment of a project that received
funds under the title II construction grant program or title VI
state revolving loan funds of the federal water pollution control
act or the strategic water quality initiatives fund created in
section 5204 shall be first priority on its respective priority
list for funding for a period of not more than 3 years after funds
were first committed under those programs.
(c) If the project is a sewage treatment works project or a
stormwater treatment project, all of the following criteria:
(i) The severity of the water pollution problem to be
addressed, maximizing progress towards restoring beneficial uses
and meeting water quality standards.
(ii) A determination of whether a project is or was necessary
to comply with an order, permit, or other document with an
enforceable schedule for addressing a municipality's sewage-related
water pollution problems that was issued by the department or
entered as part of an action brought by the state against the
municipality or any component of the municipality. A municipality
may voluntarily agree to an order, permit, or other document with
an enforceable schedule as described in this subparagraph.
(iii) The population to be served by the project. However, the
criterion provided in this subparagraph shall not be applied to
projects funded by the strategic water quality initiatives fund
created in section 5204.
(iv) The dilution ratio existing between the discharge volume
and the receiving stream.
(d) If the project is a sewage treatment works project, 100
priority points shall be awarded pursuant to R 323.958 of the
Michigan administrative code for each of the following that apply
to the project:
(i) The project addresses on-site septic systems that are
adversely affecting the water quality of a water body or represent
a threat to public health, provided that soil and hydrologic
conditions are not suitable for the replacement of those on-site
septic systems.
(ii) The project includes the construction of facilities for
the acceptance or treatment of septage collected from on-site
septic systems.
(e) Rankings for nonpoint source projects shall be consistent
with the state nonpoint source management plan developed pursuant
to
section 319 of title III of the federal water pollution control
act,
chapter 758, 101 Stat. 52, 33 U.S.C.
USC 1329.
However,
priority shall be given to projects that support the efforts being
made by MAEAP-verified farms as defined in section 8201.
(f) Any other criteria established by the department by rule.
(6) The priority list shall be submitted annually to the chair
of the senate and house of representatives standing committees that
primarily consider legislation pertaining to the protection of
natural resources and the environment.
(7) For purposes of providing assistance, the priority list
shall take effect on the first day of each fiscal year.
(8) This section does not limit other actions undertaken to
enforce part 31, the federal water pollution control act, or any
other act.
(9) As used in this section, "on-site septic system" means
that term as defined in section 5201.
Sec. 8201. As used in this part:
(a) "Conservation easement" means that term as it is defined
in section 2140.
(b) "Conservation plan" means a plan approved by the
department for all or a portion of a parcel of land that specifies
the conservation practices to be undertaken and includes a schedule
for implementation.
(c) "Conservation practices" means practices, voluntarily
implemented by the landowner, that protect and conserve water
quality, soil, natural features, wildlife, or other natural
resources and that meet 1 or more of the following:
(i) The practices comply with United States natural resource
conservation service standards and specifications as approved by
the department.
(ii) The practices are provided in rules promulgated by the
department under this part.
(iii) The practices have been approved by the commission of
agriculture.
(d) "Conservation programs" means the conservation programs
established under section 8202(1) or (2).
(e) (d)
"Department" means the
department of agriculture or
its authorized representatives.
(f) "Farm" means that term as defined in section 2 of the
Michigan right to farm act, 1981 PA 93, MCL 286.472.
(g) "Farm operation" means that term as defined in section 2
of the Michigan right to farm act, 1981 PA 93, MCL 286.472.
(h) (e)
"Fund" means the
agriculture pollution prevention fund
created in section 8206.
(i) "MAEAP" means the Michigan agriculture environmental
assurance program established under section 8202.
(j) "MAEAP-verified farm" means a farm or farm operation that
has been verified under section 8203 as being in compliance with
the conservation practices required under MAEAP.
(k) "Site-specific nutrient management plan" means a site
specific conservation plan that meets all of the following
requirements:
(i) Represents a grouping of conservation practices and
management activities that, when implemented as part of a
conservation system, will help to ensure that both production and
natural resources protection goals are achieved.
(ii) Addresses soil erosion, manure, and organic by-products
and their potential impact on water quality.
(iii) Is designed to assist livestock producers in meeting all
applicable local, tribal, state, and federal water quality goals
and regulations.
(l) (f)
"Verification" or "verify" means a determination by the
department that 1 or more conservation practices have been
established and are being maintained in accordance with a
conservation plan.
Sec. 8202. (1) The department may establish conservation
programs
designed to encourage the voluntary use of conservation
practices in the state.
(2) The department shall implement a Michigan agriculture
environmental assurance program for farms and farm operations that
meets all of the following requirements:
(a) Was recommended by the Michigan agriculture pollution
prevention implementation plan signed by the director of the
department and the director of the department of environmental
quality in 1998.
(b) Consists of education, on-farm risk assessment, and third
party verification by the department of agriculture.
(c) Focuses on livestock, cropping, or farmstead systems.
(d) Is designed to help farms and farm operations voluntarily
prevent or minimize agricultural pollution risks.
(e) For primarily livestock operations, requires compliance
with a site-specific nutrient management plan.
(3) (2)
In implementing the conservation
programs established
under this part, the department, in coordination with the
departments of natural resources and environmental quality, may do
1 or more of the following:
(a) Enter into contracts with 1 or more persons for the
implementation of conservation practices on his or her land.
(b) Enter into contracts or other agreements with 1 or more
persons to administer or promote conservation programs, or to
implement conservation practices.
(c) Provide payments, financial incentives, or, upon
verification of the implementation of conservation practices,
reimbursement for rental payments or for costs of conservation
practice implementation, or both.
(d) Promote the use of conservation practices.
(e) Recognize and provide awards for persons who have
implemented conservation practices.
(f) Monitor and verify compliance with conservation plans.
(g) Enforce contracts or other agreements entered into under
this part.
(h) Terminate contracts or other agreements entered into under
this part in accord with terms established in the contract or other
agreement.
(4) (3)
In carrying out its
responsibilities under this part,
the department shall coordinate with the departments of natural
resources and environmental quality and other applicable partners.
Sec. 8203. (1) As part of a conservation program established
under this part, including, but not limited to MAEAP, the
department may provide for conservation practice verification.
Conservation
practice verification may be granted provided to a
person if all of the following conditions are met:
(a) The person has submitted a conservation plan in compliance
with requirements of the department.
(b) The person has established and is maintaining all
conservation practices provided for in the conservation plan,
according to the plan schedule.
(c) The person has agreed to allow the department, after
giving prior notice to the landowner, to conduct inspections of the
applicable land and facilities.
(d) The department has conducted an on-site inspection of the
conservation practices and has determined that the person has
established and is maintaining all conservation practices provided
for in the conservation plan, according to the plan schedule. For a
large CAFO as defined in section 3101, the on-site inspection shall
be conducted annually.
(e) For a large CAFO as defined in section 3101, the
department has conducted an annual on-site inspection of the farm
or farm operation and has determined that the farm or farm
operation complies with generally accepted agricultural and
management practices under the right to farm act, 1981 PA 93, MCL
286.471 to 286.474, related to siting, odor, and manure management.
(2) If the department determines at any time that the
conservation practices provided in a conservation plan have not
been established or are not being maintained, the department may
revoke a person's conservation practice verification.
(3) If a person's conservation practice verification is
revoked, the person may be subject to penalties and repayment of
all or a portion of the payments, financial incentives, land rental
payments, and reimbursement of costs paid for implementation of the
conservation practice according to the terms of the contract.
Sec. 8206. (1) The agriculture pollution prevention fund is
created in the state treasury.
(2) The state treasurer may receive money or other assets from
any source for deposit into the fund, including state and federal
revenues, gifts, bequests, and other donations. The state treasurer
shall direct the investment of the fund and shall credit to the
fund interest and earnings from fund investments.
(3) Money in the fund or in any account within the fund at the
close of the fiscal year shall remain in the fund or account and
shall not lapse to the general fund.
(4)
Money Subject to
subsection (5), money in the fund shall
be expended, upon appropriation, only for 1 or more of the
following:
(a) For payments, financial incentives, or reimbursement for
rental payments for the implementation of conservation practices.
(b) For payments required under contracts entered into under
this part.
(c) For the purchase of conservation easements.
(d) For monitoring and enforcement of conservation easements.
(e) For awards to participants in conservation programs
established by the department under this part.
(f) For the promotion of conservation programs established by
the department under this part.
(g) Not more than 20% of the annual appropriations from the
fund for the administrative costs of the department in implementing
this part. As used in this subdivision, administrative costs
include, but are not limited to, costs incurred in doing 1 or more
of the following:
(i) Developing and implementing conservation programs.
(ii) Managing payments and financial incentives.
(iii) Monitoring and verifying the implementation of
conservation practices and enforcing contracts or agreements
concerning conservation practices.
(iv) Coordinating conservation programs with the United States
department of agriculture and other state agencies with
jurisdiction over conservation programs.
(5) The department shall give priority to expenditures under
subsection (4) to projects at MAEAP-verified farms.
(6) (5)
The department shall annually
prepare and submit to
the standing committees of the senate and house of representatives
with jurisdiction over issues related to agriculture and the senate
and house of representatives appropriations committees a report
that includes all of the following:
(a) The amount of money received by the fund during the
previous fiscal year.
(b) The expenditures of money from the fund during the
previous fiscal year broken down by the categories listed in
subsection (4)(a) to (g).
(c) The balance of the fund on the date of the report.
(d) The number of acres in which conservation practices have
been implemented.
(e) The number of acres in which conservation easements have
been purchased or acquired.
Sec. 8209. Notwithstanding any other provision of this act or
a rule promulgated under this act or permit or order issued under
this act, if a farm or farm operation is verified under section
8203, the farm or farm operation shall not be considered to have
caused an impairment of the natural resources of the state unless
the director of the department of environmental quality determines
that water quality data or results from a water quality study
conclusively establish that the farm or farm operation caused a
receiving water body to exceed water quality standards under part
31.
Sec. 8801. As used in this part:
(a) "Department" means the department of environmental
quality.
(b) "Director" means the director of the department.
(c) "Fund" means the clean water fund created in section 8807.
(d) "Grant" means a nonpoint source pollution prevention and
control grant or a wellhead protection grant under this part.
(e) "Local unit of government" means a county, city, village,
or township, or an agency of a county, city, village, or township;
the
office of a county drain commissioner; a soil conservation
district established under part 93; a watershed council; a local
health department as defined in section 1105 of the public health
code, 1978 PA 368, MCL 333.1105; or an authority or any other
public body created by or pursuant to state law.
(f) "MAEAP-verified farm" means that term as it is defined in
section 8201.
(g) (f)
"Nonpoint source pollution" means water pollution from
diffuse sources, including runoff from precipitation or snowmelt
contaminated through contact with pollutants in the soil or on
other surfaces and either infiltrating into the groundwater or
being discharged to surface waters, or runoff or wind causing
erosion of soil into surface waters.
Sec. 8802. (1) The department, in consultation with the
department of agriculture, shall establish a grants program to
provide grants for nonpoint source pollution prevention and control
projects and wellhead protection projects. The grants program shall
provide grants to local units of government or entities that are
exempt from taxation under section 501(c)(3) of the internal
revenue code.
(2) The nonpoint source pollution prevention and control
grants issued under this part shall be provided for projects that
do either or both of the following:
(a) Implement the physical improvement portion of watershed
plans that are approved by the department.
(b) Reduce specific nonpoint source pollution as identified by
the department.
(3) The wellhead protection grants issued under this part
shall be provided for projects that are consistent with a wellhead
protection plan approved by the department and that do any of the
following:
(a) Plug abandoned wells.
(b) Provide for the purchase of land or the purchase of rights
in land to protect aquifer recharge areas.
(c) Implement the physical improvement portion of the wellhead
protection plan.
(4) For any grant issued under this part, a local unit of
government shall contribute at least 25% of the project's total
cost from other public or private funding sources. The department
may approve in-kind services to meet all or a portion of the match
requirement under this subsection. In addition, the department may
accept as the match requirement under this subsection a contract
between the grant applicant and the department that provides for
maintenance of the project or practices that are funded under terms
acceptable to the department. The contract shall require
maintenance of the project or practices throughout the period of
time in which the state is paying off the bonds that were issued
pursuant to the clean Michigan initiative act, 1998 PA 284, MCL
324.95101 to 324.95108, to implement this part.
Sec. 8803. In selecting projects for a grant award, the
department shall consider the following as they relate to a
project:
(a) The expectation for long-term water quality improvement.
(b) The expectation for long-term protection of high quality
waters.
(c) The consistency of the project with remedial action plans
and other regional water quality or watershed management plans
approved by the department.
(d) The placement of the watershed on the list of impaired
waters
pursuant to section 303(d) of title III of the federal water
pollution
control act, chapter 758, 86 Stat. 846, 33 U.S.C. 33 USC
1313.
(e) Commitments for financial and technical assistance from
the partners in the project.
(f) Financial and other resource contributions, including in-
kind services, by project participants in excess of that required
in section 8802(4).
(g) The length of time the applicant has committed to maintain
the physical improvements.
(h) The commitment to provide monitoring to document
improvement in water quality or the reduction of pollutant loads.
(i) Whether the project provides benefits to sources of
drinking water.
(j) Whether an MAEAP-verified farm is located within the
project area.
(k) (j)
Other information the department considers relevant.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. 503
of the 94th Legislature is enacted into law.