SB 503, As Passed Senate

SB-0503, As Passed Senate, June 20, 2007

SUBSTITUTE FOR

SENATE BILL NO. 503

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) "AFO" means an animal feeding operation as defined in

section 3101.

(b) "Commercial manure handler" means a person who, for hire,

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) "Farm" means that term as defined in section 2 of the

Michigan right to farm act, 1981 PA 93, MCL 286.472.

(e) "Farm operation" means that term as defined in section 2

of the Michigan right to farm act, 1981 PA 93, MCL 286.472.

(f) "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 AFO process wastewater.

(g) "Manure" includes manure, bedding, compost, and raw

materials or other materials commingled with manure or set aside

for disposal.

(h) "Process wastewater" means any of the following:

(i) Spillage or overflow of water used for AFO animal or

poultry watering systems.

(ii) Water directly or indirectly used at an AFO 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 AFO raw materials, products, or byproducts,

including manure, litter, feed, milk, eggs, or bedding.

(i) "Production area" means that part of an AFO that includes

animal confinement areas, manure storage areas, raw materials

storage areas, 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.

(j) "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.

Sec. 8602. (1) Beginning 180 days after the effective date of

the rules promulgated under subsection (2), a commercial manure

handler shall not handle manure, production area waste, or process

wastewater at an AFO unless the person obtains a license or

certification 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 or certification of commercial manure handlers.

The rules shall provide for all of the following:

(a) License or certification terms of not less than 3 years.

(b) Training and education standards for initial licensing or

certification for commercial manure handlers and continued

education or continued competency training for renewal licensing

and certification. 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 an

AFO and can demonstrate a combination of training, education, and

experience substantially equivalent to the requirements imposed

under the rules.

requirements for persons operating as commercial manure 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) Upon request, the department may review the standards for

certification granted by the Michigan custom manure applicators

association and if the department determines that those standards

are consistent with the rules promulgated under this section, a

person who is certified by the Michigan custom manure applicators

association shall be considered to have met the certification

requirements of this section.

(4) 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.

(5) As a condition of licensure or certification under this

section, a person shall maintain a bond in an amount not less than

$25,000.00. The bond shall be executed by the person 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 or certification.

(6) The fee for a commercial manure handler license or

certification is $100.00 per year. If an annual fee is paid for a

commercial manure handler license or certification, but the

application for the license or certification is denied, the

department shall promptly refund the fee. For each state fiscal

year, a person possessing a commercial manure handler license or

certification as of January 1 of that fiscal year shall be assessed

the $100.00 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.

(7) The department shall assess interest on all commercial

manure handler license and certification 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.

(8) 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 commercial

manure handler license or certification. Fees and interest

collected under this section shall be deposited into the

agriculture pollution prevention fund created in section 8206.

(9) The department may suspend or revoke a commercial manure

handler license or certification if the department, after notice

and opportunity for an administrative hearing, determines that the

person violated this part or rules promulgated under this part.

(10) A person who violates this section is guilty of a

misdemeanor punishable by imprisonment for not more than 90 days or

a fine of not more than $5,000.00, or both.

Sec. 8603. The department and the department of agriculture

shall promote composting, wastewater treatment, and other

alternative technologies to encourage the beneficial use of manure,

process wastewater, and production area waste and shall assist AFO

owners and operators to employ these methods.

Enacting section 1. This amendatory act does not take effect

unless Senate Bill No. 504 of the 94th Legislature is enacted into

law.