June 27, 2007, Introduced by Reps. Accavitti, Alma Smith, Meadows, Bauer, Leland, Hammel, Vagnozzi, Bieda, Condino, Hammon, Polidori, Kathleen Law, Hopgood, Miller, David Law, Gaffney, Warren, LeBlanc, Coulouris, Farrah, Johnson, Donigan, Melton and Constan and referred to the Committee on Agriculture.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
(MCL 324.101 to 324.90106) by adding sections 8623 and 8625.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 8623. (1) Beginning 180 days after the effective date of
the rules promulgated under subsection (2), a commercial animal
waste handler and a primary animal waste handler shall not handle
manure, production area waste, or process wastewater at an AFO
unless the person obtains a license under this section.
(2) Within 1 year after the effective date of the amendatory
act that added this section, the department shall promulgate rules
for the licensing of animal waste handlers. The rules may provide
for separate licensing categories and requirements for commercial
animal waste handlers and primary animal waste handlers. The rules
shall provide for all of the following:
(a) License terms of not less than 3 years.
(b) Training and education standards for initial licensing for
animal waste handlers and continued education or continued
competency training for renewal licensing. The department may
provide by rule for a waiver of the education and training
requirements for persons who, on the effective date of the rules,
are engaged in handling manure at a CAFO and can demonstrate a
combination of training, education, and experience substantially
equivalent to the requirements imposed under the rules.
(c) A process for phasing in the licensing requirements for
persons operating as animal waste handlers on the effective date of
the amendatory act that added this section. The phase-in period
shall conclude not earlier than 1 year after the effective date of
rules promulgated under this section.
(3) In establishing standards under subsection (2), the
department may incorporate by reference existing standards adopted
by the federal government or existing standards adopted by trade or
industry groups.
(4) As a condition of licensure under this section, a licensee
shall maintain a bond in an amount not less than $25,000.00 for a
commercial animal waste handler or a primary animal waste handler.
The bond shall be executed by the licensee as principal and issued
by a corporation qualified under the laws of this state as surety,
payable to the state of Michigan, and conditioned upon compliance
with state and federal laws, rules, and regulations applicable to
the licensee.
(5) The fee for an animal waste handler license is $200.00 per
year. If an annual fee is paid for an animal waste handler license,
but the application for the license is denied, the department shall
promptly refund the fee. For each state fiscal year, a person
possessing an animal waste handler license as of January 1 of that
fiscal year shall be assessed the $200.00 annual fee. The
department shall notify those persons of their fee assessments by
February 1 of that fiscal year. Payment shall be postmarked by
March 15 of that fiscal year.
(6) The department shall assess interest on all animal waste
handler license fee payments received after the due date. The
amount of interest shall equal 0.75% of the payment due, for each
month or portion of a month the payment remains past due. The
failure by a person to timely pay a fee imposed by this section is
a violation of this part.
(7) If a person fails to pay a fee required under this section
in full, plus any interest accrued, by October 1 of the year
following the date of notification of the fee assessment, the
department may issue an order that revokes the person's animal
waste handler license. Fees and interest collected under this
section shall be deposited in the CAFO cleanup and enforcement fund
created in section 8637.
(8) Each CAFO shall designate an individual licensed under
this section to be primarily responsible for the handling of
manure, production area waste, and process wastewater. An
individual licensed as a commercial animal waste handler may act as
a primary animal waste handler without obtaining a separate license
as a primary animal waste handler.
(9) The department may suspend or revoke an animal waste
handler license if the department, after notice and opportunity for
an administrative hearing, determines that the licensee violated
this part or rules promulgated under this part.
Sec. 8625. (1) If production area waste or process wastewater
is sold, given away, or otherwise transferred to other persons and
the land application of that production area waste or process
wastewater is not under the operational control of the CAFO owner
or operator that generates the production area waste or process
wastewater, the CAFO owner or operator shall do all of the
following:
(a) Prepare a manifest for tracking the production area waste
or process wastewater before transferring the production area waste
or process wastewater.
(b) Designate on the manifest the recipient of the production
area waste or process wastewater.
(c) Use a manifest form that is approved by the department and
has locations for recording all of the following information:
(i) A manifest document number.
(ii) The generator's name, mailing address, and telephone
number.
(iii) The name and address of the recipient of the production
area waste or process wastewater.
(iv) The nutrient content of the production area waste or
process wastewater to be used in determining the appropriate land
application rates.
(v) The total quantity of production area waste or process
wastewater by units of weight or volume and the number and size of
the loads or containers used to transfer that quantity of
production area waste or process wastewater.
(vi) A statement that informs the recipient of his or her
responsibility to properly manage the land application of the
manure or wastewater to minimize the discharge of pollutants to
waters of the state.
(vii) The following certification: "I certify that the
production area waste or process wastewater is accurately described
above and is suitable for land application.".
(viii) Other certification statements as may be required by the
department.
(ix) The address or other description of the final destination
of the production area waste or process wastewater, for completion
by the recipient after land application or other disposal or use of
the production area waste or process wastewater.
(x) Dates and signatures of the generator and recipient.
(d) Sign the manifest certification by hand.
(e) Obtain the handwritten signature of the recipient and the
date of acceptance on the manifest.
(f) Retain 1 copy of the manifest.
(g) Give the remaining copies of the manifest to the
recipient.
(h) Advise the recipient of his or her responsibilities to
complete the manifest and return a copy to the generator within 30
days after completion of the land application or other disposal or
use of the production area waste or process wastewater.
(i) Keep all copies of manifests with the CAFO owner's or
operator's CNMP for 3 years.
(j) Make copies of the manifests available to the department
or the department of agriculture for inspection or copying upon
request. Manifests are exempt from disclosure under the freedom of
information act, 1976 PA 442, MCL 15.231 to 15.246.
(2) Subsection (1) does not apply to quantities of production
area waste or process wastewater less than 1 cubic yard or 1 ton
per recipient per day.
(3) One manifest may be used for multiple loads or containers
of the same production area waste or process wastewater transferred
in 1 calendar day to the same destination.
(4) The generator shall not sell, give away, or otherwise
transfer production area waste or process wastewater to a recipient
if any of the following occur:
(a) The recipient has previously not returned a copy of a
completed manifest to the generator.
(b) A manifest returned by the recipient indicates improper
land application, use, or disposal.
(c) The generator has been advised by the department that the
department or a court of appropriate jurisdiction has determined
that the recipient has improperly land-applied, used, or disposed
of manifested production area waste or process wastewater.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 93rd Legislature are
enacted into law:
(a) Senate Bill No.____ or House Bill No. 4983(request no.
03918'07).
(b) Senate Bill No.____ or House Bill No. 4984(request no.
03919'07).
(c) Senate Bill No.____ or House Bill No. 4985(request no.
03920'07).
(d) Senate Bill No.____ or House Bill No. 4987(request no.
03922'07).
(e) Senate Bill No.____ or House Bill No. 4988(request no.
03923'07).
(f) Senate Bill No.____ or House Bill No. 4989(request no.
03924'07).
(g) Senate Bill No.____ or House Bill No. 4990(request no.
03925'07).
(h) Senate Bill No.____ or House Bill No. 4991(request no.
03926'07).