HOUSE BILL NO. 5614

A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending sections 3103 and 3131 (MCL 324.3103 and 324.3131), section 3103 as amended by 2005 PA 33 and section 3131 as amended by 2012 PA 563.

the people of the state of michigan enact:

Sec. 3103. (1) The department shall protect and conserve the water resources of the state and shall have control of the pollution of surface or underground waters of the state and the Great Lakes, which are or may be affected by waste disposal of any person. The department may make or cause to be made surveys, studies, and investigations of the uses of waters of the state, both surface and underground, and cooperate with other governments and governmental units and agencies in making the surveys, studies, and investigations. The department shall assist in an advisory capacity a flood control district that may be authorized by the legislature. The department, in the public interest, shall appear and present evidence, reports, and other testimony during the hearings involving the creation and organization of flood control districts. The department shall advise and consult with the legislature on the obligation of the this state to participate in the costs of construction and maintenance as provided for in the official plans of a flood control district or intercounty drainage district.

(2) The department shall enforce this part and may promulgate rules as it the department considers necessary to carry out its the department's duties under this part. However, notwithstanding any rule-promulgation authority that is provided in this part, except for rules authorized under section 3112(6), the department shall not promulgate any additional rules under this part after December 31, 2006.

(3) The department may promulgate rules and take other actions as may be necessary to comply with the federal water pollution control act, 33 USC 1251 to 1387, 1389, and to expend funds available under such the law for extension or improvement of the state or interstate program for prevention and control of water pollution. This part shall is not be construed as authorizing the department to expend or to incur any obligation to expend any state funds for such purpose in excess of any amount that is appropriated by the legislature.

(4) Notwithstanding the limitations on rule promulgation under subsection (2), rules Rules promulgated under this part before January 1, 2007 shall remain in effect unless rescinded.

Sec. 3131. (1) By October 1, 1997, the department, of environmental quality in consultation with the department of agriculture and rural development, shall promulgate rules to manage the land application of sewage sludge and sewage sludge derivatives. The rules shall must be consistent with the minimum requirements of 40 CFR part 503 but may impose requirements in addition to or more stringent than 40 CFR part 503 to protect public health or the environment from any adverse effect from a pollutant in sewage sludge or in a sewage sludge derivative. However, the rules shall must require that if monitoring of sewage sludge or a sewage sludge derivative indicates a pollutant concentration in excess of that provided in table 3 of 40 CFR 503.13, monitoring frequency shall must be increased to not less than twice that provided in table 1 of 40 CFR 503.16, until pollutant concentrations are at or below those provided in table 3 of 40 CFR 503.13. The rules shall must require a sewage sludge generator or sewage sludge distributor to deliver to a county, city, village, or township a copy of any record required to be created under the rules pertaining to sewage sludge or a sewage sludge derivative applied to land in that local unit. The copy shall must be delivered free of charge promptly after the record is created.

(2) The department shall implement measures to restrict concentrations of PFAS in biosolids and sewage sludge and sewage sludge derivations used for land application. A person that prepares biosolids and uses sewage sludge or a sewage sludge derivative for land application shall test the sewage sludge or sewage sludge derivative for PFAS, as directed by the department, before the sewage sludge or sewage sludge derivative is applied and submit a report of the results to the department. A test described under this subsection must utilize a multilaboratory-validated method approved by the United States Environmental Protection Agency to analyze PFAS in biosolids, if that method is available. A person that prepares biosolids shall provide notification of the PFAS concentration present in the biosolids to each landowner and farmer where the biosolids are applied. The department, in consultation with the department of agriculture and rural development, shall promulgate rules under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, to implement this subsection.

(3) (2) Notwithstanding R 323.2407(3) of the Michigan administrative code, Administrative Code, the requirements of R 323.2408 and R 323.2410 of the Michigan administrative code Administrative Code in effect on the effective date of the 2012 amendatory act that added this subsection, January 2, 2013, or subsequent revisions of those requirements, do not apply to bulk biosolids or a bulk derivative that is sold or given away if all of the following requirements are met:

(a) The material is finished compost or other material that has been demonstrated to be mature and stable and to present minimal vector attraction and potential to generate a nuisance.

(b) The material is of exceptional quality.

(c) The generator or distributor provides to the person receiving the material a written record that contains all of the following information:

(i) The name and address of the person who that prepared the material.

(ii) General handling guidelines and recommended application rates.

(iii) A current monitoring summary of nitrogen, phosphorus, and potassium concentrations.

(d) The material is used beneficially for its nutrient value in accordance with the generator's approved residuals management program.

(e) The material is utilized only for landscaping uses at 1 or more of the following locations:

(i) A public park.

(ii) An athletic field.

(iii) A cemetery.

(iv) A plant nursery.

(v) A turf farm.

(vi) A golf course.

(vii) A lawn.

(viii) A home garden.

(ix) Any other location approved by the director of the department or his or her the director's designee.

(4) (3) The requirements of R 323.2413(2)(a) through to (c) and (e) through to (i) of the Michigan administrative code Administrative Code in effect on the effective date of the 2012 amendatory act that added this subsection January 2, 2013 do not apply to bulk biosolids or a bulk derivative of exceptional quality utilized for landscaping purposes.

(5) (4) A person who that generates bulk biosolids or a bulk derivative of exceptional quality for landscaping uses shall keep a record of quantities in excess of 20 cubic yards sold or given away in a single transaction and make the record available to the department for inspection and copying. The record shall must include all of the following information:

(a) The name and address of the recipient.

(b) The quantity received.

(c) The signature or initials of the recipient.

(d) A general description of the intended use consistent with subsection (2)(e).(3)(e).

(6) (5) As used in this section:

(a) All of the following mean those terms as defined in R 324.2402 323.2402 of the Michigan administrative code:Administrative Code:

(i) "Biosolids".

(ii) (i) "Bulk biosolids".

(iii) (ii) "Derivative".

(iv) (iii) "Exceptional quality".

(v) (iv) "Generator".

(vi) (v) "Residuals management program".

(b) "Bulk derivative" means a derivative that is not sold or given away in a bag or other container for application to a lawn or home garden.

(c) "Person that prepares biosolids" means 1 of the following:

(i) A person that generates biosolids during the treatment of domestic sewage or sanitary sewage in a treatment works.

(ii) A person that derives a material from biosolids.

(d) "PFAS" means a per- or polyfluoroalkyl substance that includes any member of the class of fluorinated organic chemicals that contains at least 1 fully fluorinated carbon atom.