February 16, 2006, Introduced by Reps. Booher, Baxter, Proos, Hansen, Pavlov, Emmons, Huizenga, Newell, Stahl, Garfield, Mortimer, Nitz, Casperson, Hune, Meyer and Vander Veen 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 8601a and 8605.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 8601a. As used in this part:
(a) "Agricultural storm water discharge" means a
precipitation-related discharge from a farm or farm operation that,
at the time of discharge, is verified under the livestock system of
the MAEAP and managed in accordance with the comprehensive nutrient
management plan approved under that verification.
(b) "Department" means the department of environmental
quality.
(c) "Director" means the director of the department or his or
her designee to whom the director delegates a power or duty by
written instrument.
(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) "Generally accepted agricultural and management practices"
means that term as defined in section 2 of the Michigan right to
farm act, 1981 PA 93, MCL 286.472.
(g) "Livestock production facility" means that term as defined
within the generally accepted agricultural and management practices
for site selection and odor controls at new and expanding animal
livestock facilities.
(h) "Michigan agriculture environmental assurance program" or
"MAEAP" means a 3-phase program, as it existed on the effective
date of the amendatory act that added this subdivision, that meets
all of the following requirements:
(i) Was recommended by the Michigan agriculture pollution
prevention implementation plan signed by the director and the
director of the department of agriculture in 1998.
(ii) Consists of education, on-farm risk assessment, and third
party verification by the department of agriculture.
(iii) Focuses on livestock, cropping, or farmstead systems.
(iv) Is designed to help farms and farm operations voluntarily
prevent or minimize agricultural pollution risks.
Sec. 8605. (1) The owner or operator of a livestock production
facility may submit to the department of agriculture a written
request that the livestock production facility be registered for
the purposes of subsection (4). Upon receipt of the request, the
department of agriculture shall notify the department and make the
request available to the public. Within 180 days after receipt of
the request by the department of agriculture, the department of
agriculture and the department shall determine whether the
livestock production facility is entitled to registration pursuant
to subsection (2) or (3), as applicable, and shall notify the owner
or operator of the determination. The department of agriculture
shall enter the livestock production facility on a registry if it
is entitled to registration. The department of agriculture shall
make the registry available to the public.
(2) An existing or expanding livestock production facility is
entitled to registration under subsection (1) if the livestock
production facility meets both of the following requirements:
(a) Is verified under and continues to be in compliance with
the livestock system of the Michigan agriculture environmental
assurance program.
(b) Has not had a discharge of waste or waste effluent into
the waters of this state within the last 5 years, other than an
agricultural storm water discharge.
(3) A new livestock production facility is entitled to
registration under subsection (1) if all of the following
requirements are met:
(a) Before construction of the livestock production facility,
the owner or operator submits to the department of agriculture a
written notice of intent to submit a request for registration under
subsection (1).
(b) Before populating the livestock production facility, the
owner or operator obtains from the department of agriculture a
determination of conformance with the generally accepted
agricultural and management practices for site selection and odor
controls at new and expanding animal livestock facilities.
(c) Not less than 30 days before populating the livestock
production facility, the owner or operator submits to the
department of agriculture a written request for verification of the
livestock production facility under the livestock system of the
MAEAP.
(4) Subject to subsection (5), a livestock production facility
registered under subsection (1) is not required to have a permit
under part 31.
(5) If either of the following applies to a livestock
production facility registered under subsection (1), the department
of agriculture shall promptly remove the livestock production
facility from the registry:
(a) The department has determined that the livestock
production facility has had a discharge of waste or waste effluent
into the waters of this state, other than an agricultural storm
water discharge, and has notified the department of agriculture of
the determination. The department shall consult with the department
of agriculture before making such a determination.
(b) The farm or farm operation was registered pursuant to
subsection (3) and the farm or farm operation was not verified
under the livestock system of the MAEAP within 1 year of being
populated. The department of agriculture may provide an extension
of the 1-year deadline under this subdivision if the livestock
production facility shows progress toward verification.
(6) Within 30 days after a livestock production facility is
removed from the registry, the owner or operator of the livestock
production facility shall apply for a permit under part 31.
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. 5711(request no.
05471'05 *).
(b) Senate Bill No.____ or House Bill No. 5713(request no.
05472'05).
(c) Senate Bill No.____ or House Bill No. 5714(request no.
05473'05 *).
(d) Senate Bill No.____ or House Bill No. 5715(request no.
05474'05 *).
(e) Senate Bill No.____ or House Bill No. 5716(request no.
05814'06).