reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-2 - Chapter 2 Nonpoint Source Pollution Control (324.8201...324.9510) › 451-1994-II-2-82 - Part 82 Conservation Practices (324.8201...324.8208) › Section 324.8202 - Conservation Programs; Establishment; Purpose; Coordination With Departments of Natural Resources and Environmental Quality.

324.8202 Conservation programs; establishment; purpose; coordination with departments of natural resources and environmental quality.
Sec. 8202.
(1) The department may establish conservation programs designed to encourage the voluntary use of conservation practices in the state.
(2) In implementing the conservation programs established under this part, the department, in coordination with the departments of natural resources and environmental quality, may do 1 or more of the following:
(a) Enter into contracts with 1 or more persons for the implementation of conservation practices on his or her land.
(b) Enter into contracts or other agreements with 1 or more persons to administer or promote conservation programs, or to implement conservation practices.
(c) Provide payments, financial incentives, or, upon verification of the implementation of conservation practices, reimbursement for rental payments or for costs of conservation practice implementation, or both.
(d) Promote the use of conservation practices.
(e) Recognize and provide awards for persons who have implemented conservation practices.
(f) Monitor and verify compliance with conservation plans.
(g) Enforce contracts or other agreements entered into under this part.
(h) Terminate contracts or other agreements entered into under this part in accord with terms established in the contract or other agreement.
(3) In carrying out its responsibilities under this part, the department shall coordinate with the departments of natural resources and environmental quality and other applicable partners.
History:
Add. 2001, Act 176, Imd. Eff. Dec. 11, 2001
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-2 - Chapter 2 Nonpoint Source Pollution Control (324.8201...324.9510) › 451-1994-II-2-82 - Part 82 Conservation Practices (324.8201...324.8208) › Section 324.8203 - Conservation Practice Verification; Conditions; Revocation; Penalties and Repayment.

324.8203 Conservation practice verification; conditions; revocation; penalties and repayment.
Sec. 8203.
(1) As part of a conservation program established under this part, the department may provide for conservation practice verification. Conservation practice verification may be granted to a person if all of the following conditions are met:
(a) The person has submitted a conservation plan in compliance with requirements of the department.
(b) The person has established and is maintaining all conservation practices provided for in the conservation plan, according to the plan schedule.
(c) The person has agreed to allow the department, after giving prior notice to the landowner, to conduct inspections of the applicable land and facilities.
(d) The department has conducted an on-site inspection of the conservation practices and has determined that the person has established and is maintaining all conservation practices provided for in the conservation plan, according to the plan schedule.
(2) If the department determines at any time that the conservation practices provided in a conservation plan have not been established or are not being maintained, the department may revoke a person's conservation practice verification.
(3) If a person's conservation practice verification is revoked, the person may be subject to penalties and repayment of all or a portion of the payments, financial incentives, land rental payments, and reimbursement of costs paid for implementation of the conservation practice according to the terms of the contract.
History:
Add. 2001, Act 176, Imd. Eff. Dec. 11, 2001
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-2 - Chapter 2 Nonpoint Source Pollution Control (324.8201...324.9510) › 451-1994-II-2-82 - Part 82 Conservation Practices (324.8201...324.8208) › Section 324.8204 - Conservation Easements.

324.8204 Conservation easements.
Sec. 8204.
(1) The department may purchase or otherwise acquire conservation easements in accordance with subpart 11 of part 21. A conservation easement purchased or otherwise acquired under this section may contain provisions for the allowable or required use of the land subject to the conservation easement, implementation of conservation practices on the land, maintenance of the conservation practices, opportunities for inspection of the land, penalties for noncompliance with the terms of the conservation easement, termination of the easement, and other terms agreed to by the department.
(2) If the department purchases or acquires a conservation easement under this section, the department shall record that conservation easement with the register of deeds for the county in which the land subject to the conservation easement is located. If that conservation easement is subsequently terminated, the department shall record a notice of that termination with the register of deeds for the county in which the land subject to the conservation easement is located.
(3) The department may enter into contracts with 1 or more persons to monitor and enforce the terms of conservation easements purchased or acquired under subsection (1).
History:
Add. 2001, Act 176, Imd. Eff. Dec. 11, 2001
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-2 - Chapter 2 Nonpoint Source Pollution Control (324.8201...324.9510) › 451-1994-II-2-82 - Part 82 Conservation Practices (324.8201...324.8208) › Section 324.8205 - Disposition of Recovered Money.

324.8205 Disposition of recovered money.
Sec. 8205.
Any money recovered by the department under this part, including, but not limited to, money paid to the department due to the termination of a contract, agreement, or conservation easement, shall be deposited into the fund.
History:
Add. 2001, Act 176, Imd. Eff. Dec. 11, 2001
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-2 - Chapter 2 Nonpoint Source Pollution Control (324.8201...324.9510) › 451-1994-II-2-82 - Part 82 Conservation Practices (324.8201...324.8208) › Section 324.8206 - Agriculture Pollution Prevention Fund.

324.8206 Agriculture pollution prevention fund.
Sec. 8206.
(1) The agriculture pollution prevention fund is created in the state treasury.
(2) The state treasurer may receive money or other assets from any source for deposit into the fund, including state and federal revenues, gifts, bequests, and other donations. The state treasurer shall direct the investment of the fund and shall credit to the fund interest and earnings from fund investments.
(3) Money in the fund or in any account within the fund at the close of the fiscal year shall remain in the fund or account and shall not lapse to the general fund. The department shall be the administrator of the fund for auditing purposes.
(4) Money in the fund shall be expended, upon appropriation, only for 1 or more of the following:
(a) For payments, financial incentives, or reimbursement for rental payments for the implementation of conservation practices.
(b) For payments required under contracts entered into under this part.
(c) For the purchase of conservation easements.
(d) For monitoring and enforcement of conservation easements.
(e) For awards to participants in conservation programs established by the department under this part.
(f) For the promotion of conservation programs established by the department under this part.
(g) Not more than 20% of the annual appropriations from the fund for the administrative costs of the department in implementing this part. As used in this subdivision, administrative costs include, but are not limited to, costs incurred in doing 1 or more of the following:
(i) Developing and implementing conservation programs.
(ii) Managing payments and financial incentives.
(iii) Monitoring and verifying the implementation of conservation practices and enforcing contracts or agreements concerning conservation practices.
(iv) Coordinating conservation programs with the United States department of agriculture and other state agencies with jurisdiction over conservation programs.
History:
Add. 2001, Act 176, Imd. Eff. Dec. 11, 2001 ;-- Am. 2018, Act 237, Eff. Sept. 25, 2018
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-2 - Chapter 2 Nonpoint Source Pollution Control (324.8201...324.9510) › 451-1994-II-2-82 - Part 82 Conservation Practices (324.8201...324.8208) › Section 324.8207 - Confidentiality; Exemption From Freedom of Information Act.

324.8207 Confidentiality; exemption from freedom of information act.
Sec. 8207.
Any information voluntarily provided by a person in connection with the development, implementation, or verification of a conservation plan or conservation practices under this part is confidential, is exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246, and is not open to public inspection without the person's consent. Any such information that is released to a legislative body shall not contain information that identifies a specific person. The exemption provided in this section does not extend to any documents, communication, data, reports, or other information required to be collected, maintained, or made available or reported to a regulatory agency or any other person by statute, rule, ordinance, permit, order, consent agreement, or as otherwise provided by law.
History:
Add. 2001, Act 176, Imd. Eff. Dec. 11, 2001
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-2 - Chapter 2 Nonpoint Source Pollution Control (324.8201...324.9510) › 451-1994-II-2-82 - Part 82 Conservation Practices (324.8201...324.8208) › Section 324.8208 - Rules.

324.8208 Rules.
Sec. 8208.
The department may promulgate rules to implement this part.
History:
Add. 2001, Act 176, Imd. Eff. Dec. 11, 2001
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-2 - Chapter 2 Nonpoint Source Pollution Control (324.8201...324.9510) › 451-1994-II-2-83 - Part 83 Pesticide Control (324.8301...324.8336) › Section 324.8301 - Meanings of Words and Phrases.

324.8301 Meanings of words and phrases.
Sec. 8301.
For the purposes of this part, the words and phrases defined in sections 8302 to 8306 have the meanings ascribed to them in those sections.
History:
1994, Act 451, Eff. Mar. 30, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-2 - Chapter 2 Nonpoint Source Pollution Control (324.8201...324.9510) › 451-1994-II-2-83 - Part 83 Pesticide Control (324.8301...324.8336) › Section 324.8306 - Definitions; R to W.

324.8306 Definitions; R to W.
Sec. 8306.
(1) "Registered applicator" means an individual who is authorized to apply general use pesticides for a private or commercial purpose as provided in this part and in the rules promulgated under this part.
(2) "Ready-to-use pesticide" means a pesticide that is applied directly from its original container consistent with label directions, such as an aerosol insecticide or rodenticide bait pack that does not require mixing or loading prior to application.
(3) "Registrant" means a person who is required to register a pesticide pursuant to this part.
(4) "Restricted use pesticide" means a pesticide classified for restricted use by the EPA or the director.
(5) "Restricted use pesticide dealer" means a person engaged in distributing, selling, or offering for sale restricted use pesticides to the ultimate user.
(6) "Rodenticide" means a pesticide intended for preventing, destroying, repelling, or mitigating rodents.
(7) "School" means public and private schools, grades kindergarten through the twelfth grade, but does not include a home school.
(8) "Supervise" means directing the application of a pesticide with or without being physically present during the application.
(9) "Unreasonable adverse effect on the environment" means any unreasonable risk to human beings or the environment, taking into account the economic, social, and environmental costs and benefits of the use of a pesticide.
(10) "Use of a pesticide" means the loading, mixing, applying, storing, transporting, and disposing of a pesticide.
(11) "Vendor" means a person who sells or distributes pesticides.
(12) "Violates this part" or "violation of this part" means a violation of this part, a rule promulgated under this part, or an order issued under this part.
(13) "Weed" means a plant which grows where it is not wanted.
History:
1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 2002, Act 418, Imd. Eff. June 5, 2002 ;-- Am. 2004, Act 24, Imd. Eff. Mar. 10, 2004
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-2 - Chapter 2 Nonpoint Source Pollution Control (324.8201...324.9510) › 451-1994-II-2-83 - Part 83 Pesticide Control (324.8301...324.8336) › Section 324.8307 - Repealed. 2002, Act 418, Imd. Eff. June 5, 2002.

324.8307 Repealed. 2002, Act 418, Imd. Eff. June 5, 2002.
Compiler's Notes:
The repealed section pertained to procedures for registration of pesticides.
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-2 - Chapter 2 Nonpoint Source Pollution Control (324.8201...324.9510) › 451-1994-II-2-83 - Part 83 Pesticide Control (324.8301...324.8336) › Section 324.8307b - Maintenance of Registration; Renewal; Discontinuing Registration.

324.8307b Maintenance of registration; renewal; discontinuing registration.
Sec. 8307b.
(1) A pesticide that has been registered with the department must continue to be registered as long as the pesticide remains in the channels of trade in this state. It is the registrant's responsibility to maintain the pesticide registration.
(2) It is a violation of this part to continue to distribute a pesticide for which a renewal application, including the required fee, has not been received by the director on or before the last day in June. It is the responsibility of the registrant to obtain and submit an application for renewal of a pesticide registration before the expiration date.
(3) A registrant who intends to discontinue a pesticide registration shall do either of the following:
(a) Terminate further distribution within the state and continue to register the pesticide annually for 2 successive years.
(b) Initiate a recall of the pesticide from distribution in the state prior to the expiration of the registration of the pesticide. Pesticides that do not go through a 2-year discontinuance period and that are found in the channels of trade are subject to registration penalties and all related fees since the product's last year of registration.
History:
Add. 2002, Act 418, Imd. Eff. June 5, 2002
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-2 - Chapter 2 Nonpoint Source Pollution Control (324.8201...324.9510) › 451-1994-II-2-83 - Part 83 Pesticide Control (324.8301...324.8336) › Section 324.8307c - Registration of Pesticide; Exception.

324.8307c Registration of pesticide; exception.
Sec. 8307c.
Registration is not required under this part if a pesticide is shipped from 1 plant or warehouse to another plant or warehouse operated by the same person and used to make a pesticide that is registered under this part, or if the pesticide is distributed pursuant to an EPA experimental use permit.
History:
Add. 2002, Act 418, Imd. Eff. June 5, 2002
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-2 - Chapter 2 Nonpoint Source Pollution Control (324.8201...324.9510) › 451-1994-II-2-83 - Part 83 Pesticide Control (324.8301...324.8336) › Section 324.8307d - Prohibited Claims.

324.8307d Prohibited claims.
Sec. 8307d.
(1) No person who uses, distributes, exposes, or offers to sell a pesticide shall make claims that the pesticide can be used on sites that are not included in the pesticide labeling.
(2) No person who uses, distributes, exposes, or offers to sell a pesticide shall make claims that the pesticide has characteristics, ingredients, uses, benefits, or qualities that it does not have or that are not allowed under FIFRA.
History:
Add. 2002, Act 418, Imd. Eff. June 5, 2002
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-2 - Chapter 2 Nonpoint Source Pollution Control (324.8201...324.9510) › 451-1994-II-2-83 - Part 83 Pesticide Control (324.8301...324.8336) › Section 324.8307e - Registration for Special Local Needs.

324.8307e Registration for special local needs.
Sec. 8307e.
To register a pesticide for special local needs pursuant to section 24(c) of FIFRA, 7 U.S.C. 136v, or the regulations promulgated under that section, the director shall require the information required under section 8307a(5). A pesticide may be registered for special local needs if the director determines that all of the following conditions are met:
(a) A special local need exists.
(b) The pesticide's composition warrants the proposed claims for it.
(c) The pesticide's labeling and other submitted material comply with the labeling requirements of FIFRA or regulations promulgated under that act.
(d) It does not cause unreasonable adverse effects on the environment.
(e) The classification for general or restricted use conforms with section 3(d) of FIFRA, 7 U.S.C. 136a.
History:
Add. 2002, Act 418, Imd. Eff. June 5, 2002
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-2 - Chapter 2 Nonpoint Source Pollution Control (324.8201...324.9510) › 451-1994-II-2-83 - Part 83 Pesticide Control (324.8301...324.8336) › Section 324.8307f - Information Requirements.

324.8307f Information requirements.
Sec. 8307f.
(1) Upon the director's request, a person who has registered a pesticide shall provide the information necessary to determine its mobility in the environment and its potential to contaminate groundwater. This information may include any of the following:
(a) Water solubility.
(b) Vapor pressure.
(c) Octanol-water partition coefficient.
(d) Soil absorption coefficient.
(e) Henry's law constant.
(f) Dissipation studies including the rate of hydrolysis, photolysis, or aerobic or anaerobic soil metabolism.
(g) Product formulation.
(h) Other information considered necessary by the director.
(2) Information requested under subsection (1) shall be consistent with product registration information required under FIFRA.
(3) As used in this section:
(a) "Aerobic soil metabolism" means chemical degradation in soil in the presence of oxygen.
(b) "Anaerobic soil metabolism" means chemical degradation in soil in the absence of oxygen.
(c) "Henry's law constant" means the ratio of the partial pressure of a compound in air to the concentration of the compound in water at a given temperature.
(d) "Hydrolysis" means a chemical reaction in which water combines with and splits the original chemical creating degradation products.
(e) "Octanol-water partition coefficient" means the ratio of a chemical's concentration in the water-saturated octanol phase to the chemical's concentration in the octanol-saturated water phase.
(f) "Photolysis" means a chemical reaction in which light or radiant energy serves to split the original compound creating degradation products.
(g) "Soil absorption coefficient" means the ratio of absorbed chemical per unit weight of soil or organic carbon to the aqueous solute concentration.
(h) "Vapor pressure" means the pressure exerted by the vapor of a substance when it is under equilibrium conditions.
(i) "Water solubility" means the maximum amount of a material that can be dissolved in water to give a stable solution.
History:
Add. 2002, Act 418, Imd. Eff. June 5, 2002
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-2 - Chapter 2 Nonpoint Source Pollution Control (324.8201...324.9510) › 451-1994-II-2-83 - Part 83 Pesticide Control (324.8301...324.8336) › Section 324.8308 - Powers of Director; Audits.

324.8308 Powers of director; audits.
Sec. 8308.
(1) The director may do all of the following:
(a) Issue an experimental permit to a person applying for that permit if the director determines that the permit is necessary for the applicant to accumulate information necessary to register a pesticide.
(b) Prescribe terms, conditions, and the period of time the pesticide may be used under the experimental permit, which shall be under the supervision of the director.
(c) Revoke an experimental permit when its terms or conditions are violated or its terms and conditions are inadequate to avoid unreasonable adverse effects on the environment.
(2) The director may conduct audits to determine compliance with this part. In conducting audits under this part, the director may contract for the performance of the audit.
History:
1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 2015, Act 118, Eff. Oct. 1, 2015
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-2 - Chapter 2 Nonpoint Source Pollution Control (324.8201...324.9510) › 451-1994-II-2-83 - Part 83 Pesticide Control (324.8301...324.8336) › Section 324.8308a - Access to Markets for Pesticides; Certificate of Free Sale; Application; Fees; "Certificate of Free Sale" Defined.

324.8308a Access to markets for pesticides; certificate of free sale; application; fees; "certificate of free sale" defined.
Sec. 8308a.
(1) To facilitate continued access to markets for pesticides, the department may do 1 or both of the following:
(a) At the request of a registrant or based upon records voluntarily supplied by a registrant, inspect, audit, or certify locations where pesticides are manufactured in this state.
(b) Issue certificates of free sale under subsection (3).
(2) A registrant shall submit an application for a certificate of free sale on a form and in a manner prescribed by the department.
(3) The department shall grant or deny an application for a certificate of free sale within 10 business days after the department receives a completed application under subsection (2) and the application fee under subsection (4). If the department determines that the application meets the requirements of this part and the rules promulgated under this part, the department shall issue a certificate of free sale. If the department determines that the application does not meet the requirements of this part or the rules promulgated under this part, the department shall deny the application and send written notice to the registrant stating the reasons for the denial.
(4) If a certificate of free sale is issued under subsection (3), the registrant shall pay the department the following fees, as applicable:
(a) An application fee, $60.00.
(b) A duplicate copy of a certificate of free sale, $10.00.
(5) A fee collected under subsection (4) must be deposited in the agriculture licensing and inspections fees fund created in section 9 of the insect pest and plant disease act, 1931 PA 189, MCL 286.209.
(6) A certificate of free sale issued under this section is valid for 1 year.
(7) As used in this section, "certificate of free sale" means a document that is issued by the department that verifies that the pesticide listed is registered with the department and is legally sold or distributed in this state and on the open market with the approval of the department.
History:
Add. 2022, Act 124, Imd. Eff. June 29, 2022
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-2 - Chapter 2 Nonpoint Source Pollution Control (324.8201...324.9510) › 451-1994-II-2-83 - Part 83 Pesticide Control (324.8301...324.8336) › Section 324.8309 - Refusing, Canceling, or Suspending Registration; Circumstances.

324.8309 Refusing, canceling, or suspending registration; circumstances.
Sec. 8309.
The director may refuse to register or may cancel or suspend registration of a pesticide if any of the following circumstances exist:
(a) The pesticide does not meet its EPA registration and labeling claims.
(b) The pesticide labeling and other material required to be submitted does not comply with this part or the rules promulgated under this part.
(c) The pesticide is in violation of this part.
(d) Based on substantial scientific evidence, the director determines that the use of the pesticide is likely to cause an unreasonable adverse effect on the environment, which cannot be controlled by designating the pesticide as a restricted use pesticide, by limiting the uses for which a pesticide may be used or registered, or by other changes to the registration or pesticide label.
History:
1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 2002, Act 418, Imd. Eff. June 5, 2002
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-2 - Chapter 2 Nonpoint Source Pollution Control (324.8201...324.9510) › 451-1994-II-2-83 - Part 83 Pesticide Control (324.8301...324.8336) › Section 324.8312 - Certified Applicator; Completion of Certification Requirements; Application for Certified Applicator Certificate; Fee; Issuance of Certificate; Restrictions; Grounds for Refusal to Issue or Renew Certificate; Denying, Revoking, or Suspending Certificate; Reasons for Denial; Display of Certificate.

324.8312 Certified applicator; completion of certification requirements; application for certified applicator certificate; fee; issuance of certificate; restrictions; grounds for refusal to issue or renew certificate; denying, revoking, or suspending certificate; reasons for denial; display of certificate.
Sec. 8312.
(1) To become a certified applicator, an applicant must satisfactorily complete the certification requirements prescribed by the director and categorized according to the various types of pesticide applications prescribed by rule and consistent with the regulations of the EPA.
(2) The application for a certified applicator certificate shall contain information considered to be pertinent by the director.
(3) A certified applicator applicant shall pay the appropriate fee as provided in section 8317.
(4) The director shall issue a certificate to applicants that successfully comply with all certification requirements under this part.
(5) The director may restrict an applicant to use only a certain type of equipment or pesticide upon finding that the applicant is only qualified to use that type of equipment or pesticide.
(6) The director may refuse to issue or renew a certificate if an applicant demonstrates an insufficient knowledge of any item called for in the application or has unsatisfied judgments under this part or rules promulgated under this part against him or her or if the equipment to be used by the applicant is unsafe or inadequate to properly apply pesticides.
(7) The director may at any time deny, revoke, or suspend a private agricultural applicator certificate or a commercial applicator certificate for a violation of this part or upon conviction under section 14 of FIFRA, 7 USC 136l, or upon conviction under a state pesticide law of a reciprocating state in accordance with section 8320.
(8) The director shall inform an applicant who is denied an applicator certificate of the reasons why the certificate was denied.
(9) A person shall display his or her certificate upon the request of the director.
History:
1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 2002, Act 418, Imd. Eff. June 5, 2002 ;-- Am. 2015, Act 118, Eff. Oct. 1, 2015
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-2 - Chapter 2 Nonpoint Source Pollution Control (324.8201...324.9510) › 451-1994-II-2-83 - Part 83 Pesticide Control (324.8301...324.8336) › Section 324.8315 - Aerial Application of Pesticides; Requirements.

324.8315 Aerial application of pesticides; requirements.
Sec. 8315.
(1) A private agricultural applicator or a commercial applicator, in addition to complying with the other requirements of this part, shall meet 1 or more of the following requirements before engaging in the aerial application of pesticides:
(a) Attainment of at least 3 years of experience with not fewer than 200 hours of agricultural aerial application under the supervision of a commercial aerial applicator.
(b) Be licensed as a commercial aerial applicator before December 27, 1988.
(c) Successfully complete an aerial applicator training program recognized by the director as sufficient to assure the protection of the public health, safety, and welfare and the environment.
(2) A private agricultural applicator or a commercial applicator authorized under this part to make aerial application of pesticides shall do either of the following once every 3 years:
(a) Demonstrate to the director the applicator's personal participation in a self-regulating application flight efficiency clinic sponsored or recognized by the Michigan cooperative extension service and approved by the department with an aircraft that the applicant operates.
(b) Retake the certification examinations and submit to an inspection of the applicator's aircraft, equipment, and spray operations by an authorized representative of the director.
History:
1994, Act 451, Eff. Mar. 30, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-2 - Chapter 2 Nonpoint Source Pollution Control (324.8201...324.9510) › 451-1994-II-2-83 - Part 83 Pesticide Control (324.8301...324.8336) › Section 324.8316b - Pesticide Notification Registry; Notification Requirements; Exclusions; Definitions.

324.8316b Pesticide notification registry; notification requirements; exclusions; definitions.
Sec. 8316b.
(1) The department shall maintain a voluntary registry of individuals who, due to a medically documented condition, are required to be notified before the application of a lawn or ornamental pesticide, other than a general-use ready-to-use pesticide, but only if the application is on property adjacent to or within a physician-recommended distance from the property on which the individual's primary residence is located. The registry shall contain a list of those properties adjacent to or within a physician-recommended distance from the individual's primary residence. The notification to the individual listed in the registry shall be provided by the means provided in the registry and shall state that a pesticide application is scheduled on 1 or more of the properties listed in the registry.
(2) The notification requirements described in subsection (1) and any yard marker requirements provided by rule do not apply if the pesticide is applied only on or within 10 feet of a structure located on the property on which the pesticide application takes place and is applied to prevent, destroy, repel, or mitigate pests on the structure.
(3) As used in subsection (1):
(a) "Adjacent to" means either of the following:
(i) Sharing a common boundary line or property corner with.
(ii) Located directly across an undivided road, stream, or right-of-way from.
(b) "Physician-recommended distance" means a specified distance, not more than 100 feet from a linear boundary line, considered necessary and substantiated by a physician.
History:
Add. 2018, Act 270, Eff. Sept. 27, 2018
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-2 - Chapter 2 Nonpoint Source Pollution Control (324.8201...324.9510) › 451-1994-II-2-83 - Part 83 Pesticide Control (324.8301...324.8336) › Section 324.8318 - Repealed. 2007, Act 78, Imd. Eff. Sept. 30, 2007.

324.8318 Repealed. 2007, Act 78, Imd. Eff. Sept. 30, 2007.
Compiler's Notes:
The repealed section pertained to establishment of pesticide control fund.
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-2 - Chapter 2 Nonpoint Source Pollution Control (324.8201...324.9510) › 451-1994-II-2-83 - Part 83 Pesticide Control (324.8301...324.8336) › Section 324.8320 - Reciprocal Agreements.

324.8320 Reciprocal agreements.
Sec. 8320.
The director may enter into reciprocal agreements with other states or federal agencies for the purpose of accepting certification or registration required for pesticide applicators, if those states or federal agencies have an approved program to certify or register applicators, and if the requirements for certification or registration by those states or federal agencies equal or exceed the certification or registration requirements of this state.
History:
1994, Act 451, Eff. Mar. 30, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-2 - Chapter 2 Nonpoint Source Pollution Control (324.8201...324.9510) › 451-1994-II-2-83 - Part 83 Pesticide Control (324.8301...324.8336) › Section 324.8321 - Responsibility for Damage Resulting From Misuse of Pesticides; Filing Claim for Damages; Inspection of Damages; Collection of Samples; Effect of Failure to File Report.

324.8321 Responsibility for damage resulting from misuse of pesticides; filing claim for damages; inspection of damages; collection of samples; effect of failure to file report.
Sec. 8321.
(1) A certificate or license issued by the director does not exonerate the holder from responsibility for damage resulting from misuse of pesticides, such as, but not limited to, overdosing, drifting, or misapplication.
(2) A person claiming damages from a pesticide application shall file a claim to, and on a reporting form provided by, the director. This report shall be filed within 60 days after the date of the alleged damaging application or first observation of damage by the claimant. If a growing crop is alleged to have been damaged, the report shall be filed before 25% of the crop is harvested. The director shall, within 7 days after receipt of the report, notify the applicator and the owner or lessee of the property or other persons who may be charged with the responsibility of the damages claimed, and furnish them copies of any statements that are requested. The director or his or her representative will inspect damages if the director determines that the complaint has sufficient merit. The director shall make all information pertaining to the complaint available to the person claiming damage and to the person who is alleged to have caused the damage.
(3) The claimant shall permit the director, the applicator, and their representatives, such as a bondsman or insurer, to observe within reasonable hours the property or nontarget organism alleged to have been damaged and to collect samples for further examination in order that damage may be determined.
(4) The filing of a report or the failure to file a report is not required to be alleged in any petition filed in a court of law, and the failure to file the report is not a bar to the maintenance of a criminal or civil action.
History:
1994, Act 451, Eff. Mar. 30, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-2 - Chapter 2 Nonpoint Source Pollution Control (324.8201...324.9510) › 451-1994-II-2-83 - Part 83 Pesticide Control (324.8301...324.8336) › Section 324.8323 - Confirmation of Groundwater Contamination; Duties of Director; Development of Activity Plan by Person Responsible for Contamination; Approval or Rejection by Director; Continuation of Certain Activities; Order to Cease or Modify Activities; Hearing.

324.8323 Confirmation of groundwater contamination; duties of director; development of activity plan by person responsible for contamination; approval or rejection by director; continuation of certain activities; order to cease or modify activities; hearing.
Sec. 8323.
(1) Upon confirming contamination of groundwater by a pesticide pursuant to part 87 at a single location, the director shall do all of the following:
(a) Assist in the coordination of local activities designed to prevent further contamination of groundwater.
(b) Conduct envelope monitoring.
(c) Perform an evaluation of activities that may have contributed to the contamination.
(d) Make a determination as to the degree to which groundwater stewardship practices were being utilized.
(e) Make a determination as to the potential source or sources of the contamination.
(2) If confirmed concentrations of pesticides exceed the groundwater resource response level or a confirmed contaminant has migrated into groundwater off of the property, the director shall require a person whose action or negligence was potentially responsible for the contamination to develop an activity plan. A person required to develop an activity plan shall develop and submit the activity plan to the director within 90 days after receiving notice from the director. Upon receipt of an activity plan, the director shall approve or reject the plan within 90 days. If rejected, the director shall provide a description of reasons for rejection. Upon receipt of a rejection, the person shall within 90 days develop an acceptable activity plan.
(3) If the activities on a contamination site are determined by the director to be in accordance with all applicable components of the groundwater stewardship practices and groundwater protection rules, activities that are not responsible for or potentially responsible for the contamination incident may continue.
(4) If activities on a contamination site are determined by the director not to be in accordance with this part, the director may issue an order to cease or modify activities on the site involving pesticide use. A person aggrieved by an order issued under this section may request a hearing pursuant to the administrative procedures act of 1969, Act No. 306 of the Public Acts of 1969, being sections 24.201 to 24.328 of the Michigan Compiled Laws.
History:
1994, Act 451, Eff. Mar. 30, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-2 - Chapter 2 Nonpoint Source Pollution Control (324.8201...324.9510) › 451-1994-II-2-83 - Part 83 Pesticide Control (324.8301...324.8336) › Section 324.8324 - Groundwater Protection Rules.

324.8324 Groundwater protection rules.
Sec. 8324.
(1) The director shall promulgate a groundwater protection rule that defines the scope and region of implementation of the rule if any of the following occur:
(a) A pesticide has been confirmed in groundwater at levels exceeding its groundwater resource response level in at least 3 distinct locations as a result of similar activities as determined under section 8323(1) and the director determines that voluntary adoption of the groundwater stewardship practices pursuant to part 87 has not been effective in preventing groundwater contaminant concentrations from exceeding the groundwater resource response level.
(b) The EPA proposes to suspend or cancel registration of the pesticide, prohibits or limits the pesticide's sale or use in the state, or otherwise initiates action against the pesticide because of groundwater concerns.
(2) The director may promulgate a groundwater protection rule for a specific pesticide if the pesticide contains an active ingredient with a method detection limit greater than its groundwater resource response level.
(3) In determining the need for and scope of a groundwater protection rule, the director shall consider the type of contaminant or contaminants and the extent to which any of the following apply:
(a) The source or sources of the contaminant or contaminants can be identified.
(b) An identified source or sources are associated with a specific activity or activities.
(c) Local response to the contamination is adequate to protect groundwater.
(d) There are state label restrictions as allowed under sections 18 and 24 of FIFRA, chapter 125, 86 Stat. 995 and 997, 7 U.S.C. 136p and 136v, that could adequately address the problem.
(e) Restricted use classification could adequately address the problem.
(f) The use, value, and vulnerability of the resource and whether the groundwater is a currently or reasonably expected source of drinking water.
(g) The technical and economic feasibility of any mandated practices on persons in the region.
(h) The overall productivity and economic viability of the state's agriculture.
(4) In determining the region of implementation for a groundwater protection rule, the director shall consider both of the following:
(a) The reliability and geographical distribution of groundwater sample test data.
(b) The extent to which local aquifer sensitivity conditions can be considered characteristics of a larger region.
(5) The director may approve alternative operations to those defined in a groundwater protection rule if they can be shown to provide the equivalent level of groundwater protection.
History:
1994, Act 451, Eff. Mar. 30, 1995
Popular Name:
Act 451
Popular Name:
NREPA
2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-2 - Chapter 2 Nonpoint Source Pollution Control (324.8201...324.9510) › 451-1994-II-2-83 - Part 83 Pesticide Control (324.8301...324.8336) › Section 324.8327 - Order to Cease Use Of, or to Refrain From Intended Use Of, Pesticide; Effect of Noncompliance; Inspection; Rescission of Order.

324.8327 Order to cease use of, or to refrain from intended use of, pesticide; effect of noncompliance; inspection; rescission of order.
Sec. 8327.
(1) When the director has probable cause to believe that an applicator is using or intending to use a pesticide in an unsafe or inadequate manner or in a manner inconsistent with its labeling, the director shall order the applicator to cease the use of or refrain from the intended use of the pesticide. The order may be either oral or written and shall inform the applicator of the reason for the order.
(2) Upon receipt of the order, the applicator shall immediately comply with the director's order. Failure to comply constitutes cause for revocation of the applicator's license or certification or registration and subjects the applicator to the penalty imposed under section 8333.
(3) The director shall rescind the order upon being satisfied that the applicator has complied with the order.
History:
1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 2002, Act 418, Imd. Eff. June 5, 2002
Popular Name:
Act 451
Popular Name:
NREPA