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-2-87 - Part 87 Groundwater and Freshwater Protection (324.8701...324.8717) › Section 324.8702 - Definitions; a to D.

324.8702 Definitions; A to D.
Sec. 8702.
(1) "Activity plan" means a plan for a specific location that identifies all environmental risks and includes a time frame for implementation of conservation practices to address the environmental risks.
(2) "Agronomic rate" means either of the following:
(a) For pesticides, the application of pesticide contaminated materials in such a manner as not to exceed legal labeled rates.
(b) For fertilizers, the application of fertilizer contaminated materials at rates not to exceed those recommended by the Michigan State University Extension, taking all available sources of nutrients into account.
(3) "Analyte" or "analytes" means the material or materials that an analysis is designed to detect either qualitatively or quantitatively.
(4) "Conservation plan" means that term as it is defined in part 82.
(5) "Conservation practices" means that term as it is defined in part 82.
(6) "Confirmation mechanism" means a scientific process for the verification of detection of analytes in groundwater utilizing at least 2 separate water samples collected at time intervals of greater than 14 days from the same groundwater sampling point and analyzed by peer reviewed and authenticated laboratory methodologies.
(7) "Contaminant" means any pesticide or fertilizer originated chemical, radionuclide, ion, synthetic organic compound, microorganism, or other waste that does not occur naturally or that naturally occurs at a lower concentration than detected.
(8) "Contamination" means the direct or indirect introduction into the environment of any contaminant caused in whole or in part by human activity.
(9) "Council" means the environmental assurance advisory council created in section 8708.
(10) "Demonstration project" means a project designed to illustrate the implementation and impact of alternate conservation practices.
(11) "Department" means the department of agriculture and rural development.
(12) "Director" means the director of the department or his or her designee.
History:
1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 2011, Act 2, Imd. Eff. Mar. 9, 2011 ;-- 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-2-87 - Part 87 Groundwater and Freshwater Protection (324.8701...324.8717) › Section 324.8703 - Definitions; E to M.

324.8703 Definitions; E to M.
Sec. 8703.
(1) "Envelope monitoring" means monitoring of groundwater in areas adjacent to properties where groundwater is contaminated to determine the concentration and spatial distribution of the contaminant in the aquifer.
(2) "Farm" means that term as it is defined in section 2 of the Michigan right to farm act, 1981 PA 93, MCL 286.472.
(3) "Farmer" means a person who owns or operates a farm.
(4) "Fertilizer" means a fertilizer as defined in part 85.
(5) "Fund" means the freshwater protection fund created in section 8716.
(6) "General screening" means monitoring of groundwater for the purpose of determining the presence and concentration of analytes.
(7) "Groundwater" means underground water within the zone of saturation.
(8) "MAEAP" or "Michigan agriculture environmental assurance program" means the Michigan agriculture environmental assurance program provided for in section 8710.
(9) "MAEAP standards" means all of the following as adopted by the commission of agriculture and rural development for the purpose of implementing the Michigan agriculture environmental assurance program:
(a) Conservation practices.
(b) Site-specific nutrient management plan requirements.
(c) Emergency protocols.
(d) Completed environmental risk and benefit assessments.
(e) United States Department of Agriculture Natural Resources Conservation Service practice standards.
(f) Generally accepted agricultural and management practices developed under the right to farm act, 1981 PA 93, MCL 286.471 to 286.474.
(g) Other standards considered appropriate by the director.
(10) "MAEAP-verified farm" means a farm determined by the department as meeting applicable MAEAP standards through an on-site evaluation.
(11) "Maximum contaminant level" means that term as it is defined in title XIV of the public health service act, chapter 373, 88 Stat. 1660, and regulations promulgated under that act.
(12) "Method detection limit" means the minimum concentration of a substance that can be measured and reported with 99% confidence that the analyte concentration is greater than 0 and is determined from analysis of a sample in a given matrix that contains the analyte.
(13) "Monitoring" means sampling and analysis to determine the levels of pesticides or their breakdown products; fertilizers or their residues; or other analytes as determined by the director.
History:
1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 1995, Act 61, Imd. Eff. May 24, 1995 ;-- Am. 2011, Act 2, Imd. Eff. Mar. 9, 2011 ;-- Am. 2013, Act 46, Imd. Eff. June 6, 2013 ;-- 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-2-87 - Part 87 Groundwater and Freshwater Protection (324.8701...324.8717) › Section 324.8704 - Definitions; O, P.

324.8704 Definitions; O, P.
Sec. 8704.
(1) "On-site evaluation" means a specific set of criteria used to voluntarily evaluate a farmer's property with regard to determination of potential environmental risks.
(2) "Pesticide" means that term as it is defined in part 83.
History:
1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 2011, Act 2, Imd. Eff. Mar. 9, 2011 ;-- 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-2-87 - Part 87 Groundwater and Freshwater Protection (324.8701...324.8717) › Section 324.8705 - Definitions; R to W.

324.8705 Definitions; R to W.
Sec. 8705.
(1) "Registrant" means that term as defined in part 83.
(2) "Restricted use pesticide" means that term as defined in part 83.
(3) "Site-specific nutrient management plan" means a plan designed to assist farmers in achieving MAEAP standards that includes both of the following:
(a) Conservation practices and nutrient management activities that, when implemented as part of a conservation system, will help to ensure that both production and natural resources protection goals are achieved.
(b) Proposed actions to address soil erosion, manure, and organic by-products and their potential impact on water quality.
(4) "State management plan" means a plan for the protection of groundwater as required by the United States Environmental Protection Agency's labeling requirements for pesticides and devices under 40 CFR part 156.
(5) "Technical assistance" means direct on-site assistance provided to individuals that is designed to achieve MAEAP standards.
(6) "Use" means the loading, mixing, applying, storing, transporting, or disposing of a pesticide or fertilizer.
(7) "Verification" means the on-site evaluation performed by the department in accordance with protocols adopted by the commission of agriculture and rural development to determine if MAEAP standards have been met.
(8) "Water monitoring" means monitoring of water in areas adjacent to properties to determine the concentration and spatial distribution of contaminants.
History:
1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 2011, Act 2, Imd. Eff. Mar. 9, 2011 ;-- Am. 2021, Act 123, Imd. Eff. Dec. 17, 2021
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-2-87 - Part 87 Groundwater and Freshwater Protection (324.8701...324.8717) › Section 324.8706 - Purpose of Part.

324.8706 Purpose of part.
Sec. 8706.
The intent of this part is to reduce risks to the environment and public health and promote economic development by assisting farms in achieving MAEAP standards.
History:
1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 2011, Act 2, Imd. Eff. Mar. 9, 2011
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-2-87 - Part 87 Groundwater and Freshwater Protection (324.8701...324.8717) › Section 324.8707 - Conservation Practices; On-Site Evaluations; Review and Evaluation.

324.8707 Conservation practices; on-site evaluations; review and evaluation.
Sec. 8707.
(1) The director, in conjunction with Michigan State University Extension and Michigan State University AgBioResearch, and in cooperation with the United States Department of Agriculture Natural Resources Conservation Service, the department of environmental quality, and other professional and industry organizations, shall develop conservation practices for approval by the commission of agriculture and rural development and upon approval shall promote their implementation.
(2) The director, in conjunction with Michigan State University, the department of environmental quality, and other persons the director considers appropriate, shall develop protocols for voluntary on-site evaluations. The on-site evaluations shall be designed to do all of the following:
(a) Provide farmers with the ability to voluntarily determine the relative risk of current practices in relation to sources of contamination.
(b) Provide farmers with the ability to determine the degree to which farm operations are in accord with MAEAP standards and applicable law.
(c) Prioritize operational changes on farms to protect groundwater and surface waters from sources of contamination.
(d) Guide farmers to appropriate technical and educational materials.
(e) Provide farmers with the opportunity for verification.
(f) Provide landowners with the ability to voluntarily assess the value of managing areas of the land that are not utilized for traditional or production agriculture practices for environmental, ecological, and economic benefits.
(3) The director, in conjunction with the council, shall review and evaluate the effectiveness of conservation practices approved under subsection (1).
History:
1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 2000, Act 100, Imd. Eff. May 19, 2000 ;-- Am. 2011, Act 2, Imd. Eff. Mar. 9, 2011 ;-- Am. 2013, Act 46, Imd. Eff. June 6, 2013 ;-- 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-2-87 - Part 87 Groundwater and Freshwater Protection (324.8701...324.8717) › Section 324.8709 - Environmental Assurance Teams.

324.8709 Environmental assurance teams.
Sec. 8709.
(1) The director may establish regional environmental assurance teams composed of departmental, educational, and technical assistance personnel, and other persons as determined necessary by the director, or the team, or both for implementation of programs developed under this part.
(2) The environmental assurance teams established under subsection (1) are responsible for implementation of programs developed under this part, including, but not limited to, all of the following:
(a) Providing access to educational opportunities including direct educational assistance and consulting programs; demonstration projects; educational programs; and tours, workshops, and conferences.
(b) Providing access to technical assistance related to any of the following:
(i) On-site evaluation of practices that may impact natural resources.
(ii) The development and implementation of conservation plans.
(iii) The development and implementation of activity plans for persons making conservation practice changes.
(iv) On-site evaluation of potential environmental, ecological, and economic benefits that can be realized by managing areas of the land that are not utilized for traditional or production agriculture practices.
(c) Evaluating, as available, grants to persons implementing activity plans and conservation practices required to achieve MAEAP standards.
History:
1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 2011, Act 2, Imd. Eff. Mar. 9, 2011 ;-- Am. 2013, Act 46, Imd. Eff. June 6, 2013
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-2-87 - Part 87 Groundwater and Freshwater Protection (324.8701...324.8717) › Section 324.8711 - Designation of Pesticide as Restricted Use; Establishment of Groundwater Resource Protection Levels.

324.8711 Designation of pesticide as restricted use; establishment of groundwater resource protection levels.
Sec. 8711.
(1) Pesticides containing ingredients that have been confirmed in groundwater at a level above their groundwater resource response level or pesticides for which a state management plan is required shall be registered as restricted use pesticides pursuant to part 83. The director, by rule promulgated pursuant to part 83, shall establish criteria for designating a pesticide a restricted use pesticide due to groundwater concerns.
(2) The director of the department of public health shall establish groundwater resource protection levels and promulgate groundwater resource protection levels for all pesticides that do not have a federally established maximum contaminant level or a health advisory level and for which monitoring occurs.
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-2-87 - Part 87 Groundwater and Freshwater Protection (324.8701...324.8717) › Section 324.8712 - Program to Track Restricted Use Pesticides to County of Application; Additional Information Required; Confidentiality.

324.8712 Program to track restricted use pesticides to county of application; additional information required; confidentiality.
Sec. 8712.
(1) The director shall establish and implement a program to track restricted use pesticides to their county of application.
(2) The director may require additional information for more refined tracking in specific areas determined through groundwater impact potential estimation to be highly vulnerable to groundwater contamination for those pesticides in which the United States environmental protection agency has required a state management plan.
(3) Information collected in subsection (2) is confidential business information and is not subject to the freedom of information act, Act No. 442 of the Public Acts of 1976, being sections 15.231 to 15.246 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-2-87 - Part 87 Groundwater and Freshwater Protection (324.8701...324.8717) › Section 324.8713 - Water Quality Monitoring Program.

324.8713 Water quality monitoring program.
Sec. 8713.
(1) The director, in conjunction with the department of environmental quality and the department of community health, shall develop and establish priorities, procedures, and protocols for the implementation of a water quality monitoring program to do all of the following:
(a) Provide general screening of groundwater or surface water, or both.
(b) Determine the relative risk of groundwater contamination at different locations.
(c) Perform envelope monitoring.
(2) The director shall, in a timely manner, notify affected well owners of their monitoring results from the monitoring conducted pursuant to this section, including the method detection limits and associated water resource protection levels.
(3) The monitoring program conducted pursuant to this section may provide for modifications of sampling density and analytes to reflect regional groundwater impact potential.
(4) The monitoring conducted pursuant to this section shall be conducted utilizing generally accepted scientific practices.
(5) The department shall establish a method detection limit goal for monitoring conducted pursuant to this section set at 10% of a compound's groundwater resource response level.
(6) Agencies conducting monitoring for pesticides or fertilizers pursuant to this section shall notify the director, on forms provided by or in a format approved by the director, of the location, procedure, and concentration of all pesticide detections or nitrate concentrations in excess of 10 parts per million. Information received by the director shall be evaluated based upon accepted protocols and procedures established under this part.
(7) The director shall establish by rule laboratory confirmation mechanisms used under this part.
(8) The director shall establish by rule risk assessment protocols for the development of groundwater resource protection levels.
History:
1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 2011, Act 2, Imd. Eff. Mar. 9, 2011
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-2-87 - Part 87 Groundwater and Freshwater Protection (324.8701...324.8717) › Section 324.8713a - Surface Water Quality Monitoring Program.

324.8713a Surface water quality monitoring program.
Sec. 8713a.
(1) The director, in consultation with the council, may develop and establish priorities, procedures, and protocols for the implementation of a surface water quality monitoring program to do both of the following:
(a) Promote voluntary water quality monitoring by farms.
(b) Monitor and benchmark the effectiveness of conservation practices and MAEAP standards in cooperation with participating farmers.
(2) Water quality information collected under this section by the department in cooperation with farmers shall be aggregated and made available to the commission of agriculture and rural development. Specific locations or persons involved in water quality information collection are exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
History:
Add. 2011, Act 2, Imd. Eff. Mar. 9, 2011 ;-- 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-2-87 - Part 87 Groundwater and Freshwater Protection (324.8701...324.8717) › Section 324.8714 - Confirmation of Adverse Impact on Groundwater; Powers and Authority of Director.

324.8714 Confirmation of adverse impact on groundwater; powers and authority of director.
Sec. 8714.
(1) Upon confirmation of an adverse impact on groundwater, the director may, upon reasonable notice, require a person to furnish any information that the person may have relating to the identification, nature, and quantity of pesticides and fertilizers that are or have been used on a particular site and to current or past production practices that may have impacted groundwater quality. This information shall be treated as confidential business information and is not subject to the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
(2) The director may, upon written request, authorize persons to land-apply materials contaminated with pesticides or fertilizers at agronomic rates. This authorization shall prescribe appropriate operational control activities to protect the application location and shall identify both the location of remediation and the location or locations where such a land application will take place.
History:
1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 2011, Act 2, Imd. Eff. Mar. 9, 2011
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-2-87 - Part 87 Groundwater and Freshwater Protection (324.8701...324.8717) › Section 324.8715 - Fees; Repeal of Section.

***** 324.8715 THIS SECTION IS REPEALED BY ACT 123 OF 2021 EFFECTIVE DECEMBER 31, 2025 *****
324.8715 Fees; repeal of section.
Sec. 8715.
(1) In addition to the fees provided for in part 83, a registrant shall pay an annual water quality protection fee for each product to be registered. The water quality protection fee is $270.00 per product. The water quality protection fee is due in the office of the director before July 1.
(2) A registrant shall pay an additional late fee of $100.00 for each pesticide if the pesticide registration is a renewal registration and the water quality protection fee is received by the department after June 30.
(3) A person required to pay a specialty fertilizer or soil conditioner registration fee under section 8505 shall pay an additional $100.00 water quality protection fee for each brand and product name of each grade registered.
(4) All fertilizer manufacturers or distributors licensed under part 85, except specialty fertilizer and soil conditioner registrants, shall pay the following:
(a) Until December 31, 2015, a water quality protection fee of 1-1/2 cents per percent of nitrogen in the fertilizer for each ton of fertilizer sold.
(b) Beginning January 1, 2016, $.0005 per pound of fertilizer sold.
(5) The fees collected under this part, including any interest or dividends earned, must be transmitted to the state treasurer, who shall credit the money received to the fund.
(6) Upon the expenditure or appropriation of money raised in this section for any purpose other than those specifically listed in this part, authorization to collect fees in this section must be suspended until the money expended or appropriated for purposes other than those listed in this part are returned to the fund.
(7) The department may audit, or may contract for audits of records that are the basis for fees levied under this section.
(8) This section is repealed December 31, 2025.
History:
1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 1995, Act 61, Imd. Eff. May 24, 1995 ;-- Am. 2000, Act 100, Imd. Eff. May 19, 2000 ;-- Am. 2008, Act 18, Imd. Eff. Feb. 29, 2008 ;-- Am. 2011, Act 2, Imd. Eff. Mar. 9, 2011 ;-- Am. 2015, Act 118, Eff. Oct. 1, 2015 ;-- Am. 2021, Act 123, Imd. Eff. Dec. 17, 2021
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-2-87 - Part 87 Groundwater and Freshwater Protection (324.8701...324.8717) › Section 324.8717 - Rules.

324.8717 Rules.
Sec. 8717.
The department may promulgate rules as it considers necessary or advisable to implement this part.
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-2-88 - Part 88 Water Pollution Prevention and Monitoring (324.8801...324.8808) › Section 324.8801 - Definitions.

324.8801 Definitions.
Sec. 8801.
As used in this part:
(a) "Department" means the department of environmental quality.
(b) "Director" means the director of the department.
(c) "Fund" means the clean water fund created in section 8807.
(d) "Grant" means a nonpoint source pollution prevention and control grant or a wellhead protection grant under this part.
(e) "Local unit of government" means a county, city, village, or township, or an agency of a county, city, village, or township; the office of a county drain commissioner; a soil conservation district established under part 93; a watershed council; a local health department as defined in section 1105 of the public health code, 1978 PA 368, MCL 333.1105; or an authority or any other public body created by or pursuant to state law.
(f) "MAEAP" means the Michigan agriculture environmental assurance program as that term is defined in part 87.
(g) "MAEAP-verified farm" means that term as it is defined in part 87.
(h) "Nonpoint source pollution" means water pollution from diffuse sources, including runoff from precipitation or snowmelt contaminated through contact with pollutants in the soil or on other surfaces and either infiltrating into the groundwater or being discharged to surface waters, or runoff or wind causing erosion of soil into surface waters.
History:
Add. 1998, Act 287, Eff. Dec. 1, 1998 ;-- Am. 2011, Act 1, Imd. Eff. Mar. 9, 2011
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-2-88 - Part 88 Water Pollution Prevention and Monitoring (324.8801...324.8808) › Section 324.8802 - Nonpoint Source Pollution Prevention and Control Grants; Wellhead Protection Grants.

324.8802 Nonpoint source pollution prevention and control grants; wellhead protection grants.
Sec. 8802.
(1) The department, in consultation with the department of agriculture and rural development, shall establish a grants program to provide grants for nonpoint source pollution prevention and control projects and wellhead protection projects. The grants program shall provide grants to local units of government or entities that are exempt from taxation under section 501(c)(3) of the internal revenue code.
(2) The nonpoint source pollution prevention and control grants issued under this part shall be provided for projects that do 1 or more of the following:
(a) Implement the physical improvement portion of watershed plans that are approved by the department.
(b) Reduce specific nonpoint source pollution as identified by the department.
(c) Promote MAEAP verification.
(3) The wellhead protection grants issued under this part shall be provided for projects that are consistent with a wellhead protection plan approved by the department and that do any of the following:
(a) Plug abandoned wells.
(b) Provide for the purchase of land or the purchase of rights in land to protect aquifer recharge areas.
(c) Implement the physical improvement portion of the wellhead protection plan.
(4) For any grant issued under this part, a local unit of government shall contribute at least 25% of the project's total cost from other public or private funding sources. The department may approve in-kind services to meet all or a portion of the match requirement under this subsection. In addition, the department may accept as the match requirement under this subsection a contract between the grant applicant and the department that provides for maintenance of the project or practices that are funded under terms acceptable to the department. The contract shall require maintenance of the project or practices throughout the period of time in which the state is paying off the bonds that were issued pursuant to the clean Michigan initiative act to implement this part.
(5) In issuing grants under this section, the department, in consultation with the department of agriculture and rural development, shall select projects that, to the extent practicable, provide maximum benefit to the state in protecting public health and the environment and contributing to economic development.
History:
Add. 1998, Act 287, Eff. Dec. 1, 1998 ;-- Am. 2011, Act 1, Imd. Eff. Mar. 9, 2011
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-2-88 - Part 88 Water Pollution Prevention and Monitoring (324.8801...324.8808) › Section 324.8803 - Grant Awards; Criteria for Project Selection.

324.8803 Grant awards; criteria for project selection.
Sec. 8803.
In selecting projects for a grant award, the department shall consider the following as they relate to a project:
(a) The expectation for long-term water quality improvement.
(b) The expectation for long-term protection of high quality waters.
(c) The consistency of the project with remedial action plans and other regional water quality or watershed management plans approved by the department.
(d) The placement of the watershed on the list of impaired waters pursuant to section 303(d) of title III of the federal water pollution control act, chapter 758, 86 Stat. 846, 33 U.S.C. 1313.
(e) Commitments for financial and technical assistance from the partners in the project.
(f) Financial and other resource contributions, including in-kind services, by project participants in excess of that required in section 8802(4).
(g) The length of time the applicant has committed to maintain the physical improvements.
(h) The commitment to provide monitoring to document improvement in water quality or the reduction of pollutant loads.
(i) Whether the project provides benefits to sources of drinking water.
(j) Other information the department considers relevant.
History:
Add. 1998, Act 287, Eff. Dec. 1, 1998
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-2-88 - Part 88 Water Pollution Prevention and Monitoring (324.8801...324.8808) › Section 324.8804 - Grant Applications.

324.8804 Grant applications.
Sec. 8804.
A local unit of government that wishes to apply for a grant shall submit a written grant application to the department in a manner prescribed by the department and containing the information required by the department. The grant application shall also include all of the following:
(a) A detailed description of the project for which the grant is sought.
(b) An explanation of how the project is consistent with an approved watershed plan, if applicable.
(c) A description of the total cost of the project and the source of the local government's contribution to the project.
History:
Add. 1998, Act 287, Eff. Dec. 1, 1998
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-2-88 - Part 88 Water Pollution Prevention and Monitoring (324.8801...324.8808) › Section 324.8805 - Issuance of Grants.

324.8805 Issuance of grants.
Sec. 8805.
Upon receipt of a grant application pursuant to section 8804, the department, in consultation with the department of agriculture and rural development, shall consider the projects proposed to be funded and the extent that money is available for grants under this part, and shall issue grants for projects that the department determines will assist in the prevention or control of pollution from nonpoint sources or will provide for wellhead protection.
History:
Add. 1998, Act 287, Eff. Dec. 1, 1998 ;-- Am. 2011, Act 1, Imd. Eff. Mar. 9, 2011
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-2-88 - Part 88 Water Pollution Prevention and Monitoring (324.8801...324.8808) › Section 324.8806 - Administration of Part.

324.8806 Administration of part.
Sec. 8806.
Grants made under this part are subject to the applicable requirements of part 196. The department, in consultation with the department of agriculture and rural development, shall administer this part in compliance with the applicable requirements of part 196, including the reporting requirements to the legislature of the grants provided under this part.
History:
Add. 1998, Act 287, Eff. Dec. 1, 1998 ;-- Am. 2011, Act 1, Imd. Eff. Mar. 9, 2011
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-2-88 - Part 88 Water Pollution Prevention and Monitoring (324.8801...324.8808) › Section 324.8807 - Clean Water Fund.

324.8807 Clean water fund.
Sec. 8807.
(1) The clean water fund is created within the state treasury.
(2) The state treasurer may receive money or other assets from any 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) Except as otherwise provided in this section, the department, in consultation with the department of agriculture and rural development, shall expend money in the fund, upon appropriation, for any of the following:
(a) To implement the programs described in the department's document entitled "A Strategic Environmental Quality Monitoring Program for Michigan's Surface Waters", dated January 1997. In implementing these programs, the department may contract with any person.
(b) Not more than $100,000.00 of the total annual appropriations from the fund to monitor and benchmark the effectiveness of conservation practices and MAEAP standards in cooperation with participating farmers.
(c) Promotion of MAEAP and activities to encourage more MAEAP-verified farms.
(d) Water pollution control activities.
(e) Wellhead protection activities.
(f) Storm water treatment projects and activities.
(5) Money in the fund shall not be expended for combined sewer overflow corrections.
(6) Money in the fund shall not be expended until rules are promulgated under section 8808.
History:
Add. 1998, Act 287, Eff. Dec. 1, 1998 ;-- Am. 2011, Act 1, Imd. Eff. Mar. 9, 2011 ;-- 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-2-88 - Part 88 Water Pollution Prevention and Monitoring (324.8801...324.8808) › Section 324.8808 - Rules.

324.8808 Rules.
Sec. 8808.
The department shall promulgate rules to implement this part including rules to establish a grant program or loan program, or both, for expenditure of money in the fund.
History:
Add. 1998, Act 287, Eff. Dec. 1, 1998
Popular Name:
Act 451
Popular Name:
NREPA
Admin Rule:
R 324.8801 et seq. and R 324.8901 et seq. of the Michigan Administrative Code.
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-2-89 - Part 89 Littering (324.8901...324.8907) › Section 324.8901 - Definitions.

324.8901 Definitions.
Sec. 8901.
As used in this part:
(a) "Litter" means any of the following:
(i) Rubbish, refuse, waste material, garbage, offal, paper, glass, cans, bottles, trash, debris, or other foreign substances.
(ii) A vehicle that is considered abandoned under section 252a of the Michigan vehicle code, 1949 PA 300, MCL 257.252a.
(iii) An abandoned vessel as defined in section 80130f.
(iv) An ORV that is considered abandoned under section 80130f as made applicable in section 81151.
(v) A snowmobile that is considered abandoned under section 80130f as made applicable in section 82161.
(b) "Public or private property or water" includes, but is not limited to, any of the following:
(i) The right-of-way of a road or highway, a body of water or watercourse, or the shore or beach of a body of water or watercourse, including the ice above the water.
(ii) A park, playground, building, refuge, or conservation or recreation area.
(iii) Residential or farm properties or timberlands.
(c) "Vehicle" means a motor vehicle registered or required to be registered under the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923.
(d) "Vessel" means a vessel registered under part 801.
History:
1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 2004, Act 494, Imd. Eff. Dec. 29, 2004 ;-- Am. 2014, Act 549, Eff. Apr. 16, 2015
Popular Name:
Act 451
Popular Name:
Littering
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-2-89 - Part 89 Littering (324.8901...324.8907) › Section 324.8902 - Littering Property or Water Prohibited; Removal of Injurious Substances Dropped on Highway as Result of Accident.

324.8902 Littering property or water prohibited; removal of injurious substances dropped on highway as result of accident.
Sec. 8902.
(1) A person shall not knowingly, without the consent of the public authority having supervision of public property or the owner of private property, dump, deposit, place, throw, or leave, or cause or permit the dumping, depositing, placing, throwing, or leaving of, litter on public or private property or water other than property designated and set aside for such purposes.
(2) A person who removes a vehicle that is wrecked or damaged in an accident on a highway, road, or street shall remove all glass and other injurious substances dropped on the highway, road, or street as a result of the accident.
History:
1994, Act 451, Eff. Mar. 30, 1995
Popular Name:
Act 451
Popular Name:
Littering
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-2-89 - Part 89 Littering (324.8901...324.8907) › Section 324.8903 - Causing Litter or Object to Fall or Be Thrown Into Path of or to Hit Vehicle; Violation as Misdemeanor; Penalty.

324.8903 Causing litter or object to fall or be thrown into path of or to hit vehicle; violation as misdemeanor; penalty.
Sec. 8903.
(1) A person shall not knowingly cause litter or any object to fall or to be thrown into the path of or to hit a vehicle traveling upon a highway.
(2) A person who violates this section is guilty of a misdemeanor, punishable by imprisonment for not more than 1 year or a fine of not more than $500.00, or both.
History:
1994, Act 451, Eff. Mar. 30, 1995
Popular Name:
Act 451
Popular Name:
Littering
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-2-89 - Part 89 Littering (324.8901...324.8907) › Section 324.8904 - Presumptions.

324.8904 Presumptions.
Sec. 8904.
(1) Except as provided in subsection (3) involving litter from a leased vehicle or leased vessel, in a proceeding for a violation of this part involving litter from a motor vehicle or vessel, proof that the particular vehicle or vessel described in the citation, complaint, or warrant was used in the violation, together with proof that the defendant named in the citation, complaint, or warrant was the registered owner of the vehicle or vessel at the time of the violation, gives rise to a rebuttable presumption that the registered owner of the vehicle or vessel was the driver of the vehicle or vessel at the time of the violation.
(2) There is a rebuttable presumption that the driver of a vehicle or vessel is responsible for litter that is thrown, dumped, deposited, placed, or left from the vehicle or vessel on public or private property or water.
(3) In a proceeding for a violation of this part involving litter from a leased motor vehicle or leased vessel, proof that the particular vehicle or vessel described in the citation, complaint, or warrant was used in the violation, together with proof that the defendant named in the citation, complaint, or warrant was the lessee of the vehicle or vessel at the time of the violation, gives rise to a rebuttable presumption that the lessee of the vehicle or vessel was the driver of the vehicle or vessel at the time of the violation.
(4) In a proceeding for a violation of this part involving litter consisting of an abandoned vehicle, proof that the particular vehicle described in the citation, complaint, or warrant was abandoned, and that the defendant named in the citation, complaint, or warrant was the titled owner or lessee of the vehicle at the time it was abandoned, gives rise to a rebuttable presumption that the defendant abandoned the vehicle.
History:
1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 1995, Act 111, Imd. Eff. June 28, 1995 ;-- Am. 1998, Act 15, Imd. Eff. Mar. 9, 1998 ;-- Am. 2004, Act 494, Imd. Eff. Dec. 29, 2004
Popular Name:
Act 451
Popular Name:
Littering
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-2-89 - Part 89 Littering (324.8901...324.8907) › Section 324.8905 - Violation Involving Litter Produced at Health Facility, Agency, or Laboratory as Misdemeanor; Violation Involving Infectious Waste, Pathological Waste, or Sharps as Felony; Penalty; Second or Subsequent Violation Under Subsection (2); Definitions.

324.8905 Violation involving litter produced at health facility, agency, or laboratory as misdemeanor; violation involving infectious waste, pathological waste, or sharps as felony; penalty; second or subsequent violation under subsection (2); definitions.
Sec. 8905.
(1) A person who violates this part where the violation involves litter that is produced at a health facility or agency as defined in section 20106 of the public health code, Act No. 368 of the Public Acts of 1978, being section 333.20106 of the Michigan Compiled Laws, or at a laboratory described in section 20507 of Act No. 368 of the Public Acts of 1978, being section 333.20507 of the Michigan Compiled Laws, is guilty of a misdemeanor, punishable by imprisonment for not more than 6 months or a fine of not more than $1,000.00, or both.
(2) Except as provided in subsection (3), a person who violates this part where the violation involves litter that is infectious waste, pathological waste, or sharps is guilty of a felony punishable by imprisonment for not more than 2 years or by a fine of not more than $5,000.00, or both.
(3) For a second or subsequent violation under subsection (2), the person shall be punished by imprisonment for not less than 1 year or more than 5 years and a fine of not more than $10,000.00.
(4) As used in this section:
(a) "Infectious waste" means waste that contains varying amounts of microorganisms that have a potential for causing serious illness.
(b) "Pathological waste" means body organs, tissues, parts, and fluids removed during surgery or autopsy, whether or not they are infectious.
(c) "Sharps" means discarded hypodermic needles, syringes and scalpel blades, whether or not they are infectious.
History:
1994, Act 451, Eff. Mar. 30, 1995
Popular Name:
Act 451
Popular Name:
Littering
Popular Name:
NREPA