Bill Text: MI SB0157 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Environmental protection; water pollution; CAFOs; require licensing of animal waste handlers and use of manifests. Amends 1994 PA 451 (MCL 324.101 - 324.90106) by adding pt. 86.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced - Dead) 2009-01-29 - Referred To Committee On Agriculture [SB0157 Detail]
Download: Michigan-2009-SB0157-Introduced.html
SENATE BILL No. 157
January 29, 2009, Introduced by Senators ANDERSON, GLEASON, OLSHOVE, SWITALSKI, BRATER and BASHAM and referred to the Committee on Agriculture and Bioeconomy.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
(MCL 324.101 to 324.90106) by adding part 86.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
PART 86. AGRICULTURE
Sec. 8601. As used in this part:
(a) "Animal feeding operation" or "AFO" means a lot or
facility, other than an aquaculture facility registered under the
Michigan aquaculture development act, 1996 PA 199, MCL 286.871 to
286.884, where animals 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. AFO does not include a lot or facility if
crops, vegetation, forage growth, or post-harvest residues are
sustained over any portion of the lot or facility in the normal
growing season.
(b) "Animal waste handler" means a commercial animal waste
handler or a primary animal waste handler.
(c) "Commercial animal waste handler" means a person who, for
consideration, handles or disposes of or offers to handle or
dispose of manure, production area waste, or process wastewater
from an animal feeding operation owned or operated by another
person.
(d) "Concentrated animal feeding operation" or "CAFO" means a
large CAFO, medium CAFO, or small CAFO. For the purposes of
determining the number of animals at an operation, 2 or more AFOs
under common ownership are considered to be a single AFO if they
adjoin each other or if they use a common area or system for the
disposal of wastes.
(e) "Department" means the director of the department of
environmental quality or his or her designee to whom the director
delegates a power or duty by written instrument.
(f) "Fund" means the CAFO cleanup and enforcement fund created
in section 8604.
(g) "Land application area" means land under the control of an
AFO owner or operator, whether it is owned, rented, leased, or
subject to an access agreement, to which production area waste or
process wastewater is or may be applied. Land application area
includes land not owned by the AFO owner or operator but on which
the AFO owner or operator has control of the land application of
production area waste or CAFO process wastewater.
(h) "Manure" includes manure, bedding, compost, and raw
materials or other materials commingled with manure or set aside
for disposal.
(i) "Primary animal waste handler" means the individual
designated as being primarily responsible for the handling of
manure, production area waste, or process wastewater under section
8602.
(j) "Process wastewater" means any of the following:
(i) Spillage or overflow of water used for CAFO animal or
poultry watering systems.
(ii) Water directly or indirectly used at a CAFO for washing,
cleaning, or flushing pens, barns, manure pits, or other
facilities; for direct contact swimming, washing, or spray cooling
of animals; or for dust control.
(iii) Any water that comes into contact with, or is a
constituent of, any CAFO raw materials, products, or byproducts,
including manure, litter, feed, milk, eggs, or bedding.
(k) "Production area" means that part of an AFO that includes
animal confinement area, manure storage area, raw materials storage
area, waste containment areas, any egg washing or egg processing
facility, and any area used in the storage, handling, treatment, or
disposal of mortalities. As used in this subdivision:
(i) "Animal confinement area" includes open lots, housed lots,
feedlots, confinement houses, stall barns, free stall barns, milk
rooms, milking centers, cowyards, barnyards, medication pens,
walkers, animal walkways, and stables.
(ii) "Manure storage area" includes lagoons, runoff ponds,
storage sheds, stockpiles, underhouse or pit storages, liquid
impoundments, static piles, and composting piles.
(iii) "Raw materials storage area" includes feed silos, silage
bunkers, and bedding materials.
(iv) "Waste containment area" includes settling basins and
areas within berms and diversions that separate uncontaminated
storm water.
(l) "Production area waste" means manure or any waste from the
production area and any precipitation, including, but not limited
to, rain or snow, that comes into contact with, or is contaminated
by, manure or any of the components listed in the definition of
production area. Production area waste does not include water from
land application areas.
(m) "Storm water" means storm water runoff, snowmelt runoff,
and surface runoff and drainage.
(n) "Wastewater" means liquid waste discharged directly or
indirectly into the waters of the state that results from
industrial and commercial processes and municipal operations,
including liquid or water-carried process waste, cooling and
condensing waters, and sanitary sewage.
Sec. 8602. (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. 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 8604.
(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. 8603. (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 concentrated nutrient management plan 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.
Sec. 8604. (1) The CAFO cleanup and enforcement fund is
created within the state treasury.
(2) The state treasurer may receive money or other assets from
any other source for deposit into the fund. The state treasurer
shall direct the investment of the fund. The state treasurer shall
credit to the fund interest and earnings from fund investments.
(3) Money in the fund at the close of the fiscal year shall
remain in the fund and shall not lapse to the general fund.
(4) The department shall expend money from the fund, upon
appropriation, only for 1 or more of the following purposes:
(a) For cleanup and remediation required due to discharges
from CAFOs.
(b) For enforcement of this part or part 31 against owners or
operators of CAFOs that are in violation of this part or part 31.
(c) For the costs of the development and issuance of permits
under part 31 for CAFOs.
