March 1, 2006, Introduced by Reps. Bieda, Accavitti, Anderson, Miller, Leland, Kolb, Brandenburg, Farrah, Gaffney, Stewart, Wojno, David Law, Zelenko, Donigan, Polidori, Hopgood, Lemmons, Jr., Vagnozzi, Kathleen Law, Tobocman, Lipsey, Virgil Smith, Gonzales, Condino, Plakas, Clack and Lemmons, III and referred to the Committee on Agriculture.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
(MCL 324.101 to 324.90106) by adding sections 8629, 8631, and 8633.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 8629. (1) The department and the department of
agriculture shall promote composting, wastewater treatment, and
other alternative technologies as methods to dispose of manure,
process wastewater, and production area waste and shall assist CAFO
owners and operators to employ these methods.
(2) The department, after consultation with the department of
agriculture, may promulgate rules governing the operation of
facilities utilizing methods described in subsection (1). The rules
shall ensure the protection of the public health, safety, and
welfare, natural resources, and the environment from pollution
resulting from the operation of such facilities.
Sec. 8631. An NPDES permit for a CAFO shall include an air
emissions plan submitted by the applicant and approved by the
department. However, this requirement does not apply to an NPDES
permit in effect on the effective date of the amendatory act that
added this section until 180 days after that date. The air
emissions plan shall include all of the following:
(a) Methods and practices that will be used to minimize air
emissions resulting from animal feedlot or manure storage area
operations, including manure storage area start-up practices,
loading, and manure removal.
(b) Measures to mitigate air emissions if the state ambient
hydrogen sulfide standard is exceeded.
(c) A complaint response protocol describing the procedures
the owner will use to respond to complaints directed at the CAFO,
including all of the following:
(i) A list of each potential odor source at the CAFO.
(ii) A determination of the odor sources most likely to
generate significant amounts of odors.
(iii) A list of anticipated odor control strategies for
addressing each of the significant odor sources.
Sec. 8633. (1) As a condition of receiving a permit under this
part for a CAFO, the owner or operator of the CAFO shall maintain
financial security in favor of the department. However, a CAFO
existing on the effective date of the amendatory act that added
this section is not required to maintain financial security until
180 days after that date. The amount of the financial security
shall be calculated based on the number and types of animals
stabled or confined at the CAFO, as follows:
(a) $10,000.00 per 100 mature dairy cows, whether milked or
dry.
(b) $7,000.00 per 100 cattle other than mature dairy cows. As
used in this subparagraph, "cattle" includes veal calves, heifers,
steers, bulls, and cow/calf pairs.
(c) $2,800.00 per 100 swine each weighing 55 pounds or more.
(d) $700.00 per 100 swine each weighing less than 55 pounds,
sheep, or lambs.
(e) $14,000.00 per 100 horses.
(f) $130.00 per 100 turkeys.
(g) $235.00 per 100 laying hens or broilers, if the CAFO uses
a liquid manure handling system, or per 100 ducks, if the CAFO uses
other than a liquid manure handling system.
(h) $56.00 per 100 chickens (other than laying hens), if the
CAFO uses other than a liquid manure handling system.
(i) $85.00 per 100 laying hens, if the CAFO uses other than a
liquid manure handling system.
(j) $1,400.00 per 100 ducks, if the CAFO uses a liquid manure
handling system.
(2) The department may utilize the financial security
maintained under this section, at the discretion of a court of
competent jurisdiction, if the permittee has failed to comply with
this part, the rules promulgated under this part, or the terms of a
permit issued under this part for 1 or more of the following:
(a) Cleanup and remediation required due to a discharge from
the CAFO.
(b) Disposing of manure so as to prevent contamination of
waters of the state.
(c) Closure of a manure lagoon.
(d) Actions necessary to prevent a discharge.
(e) Any other purpose provided for by rules promulgated under
this part.
(3) The department shall promulgate rules to implement this
section.
(4) As used in this section, "financial security" means a
performance bond from a surety company authorized to transact
business in this state, a certificate of deposit, a cash bond, an
irrevocable letter of credit, or other form of financial security
as approved by the director.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 93rd Legislature are
enacted into law:
(a) Senate Bill No.____ or House Bill No. 5801(request no.
01066'05).
(b) Senate Bill No.____ or House Bill No. 5803(request no.
01074'05).
(c) Senate Bill No.____ or House Bill No. 5802(request no.
01075'05).
(d) Senate Bill No.____ or House Bill No. 5809(request no.
01081'05).
(e) Senate Bill No.____ or House Bill No. 5807(request no.
02008'05).
(f) Senate Bill No.____ or House Bill No. 5808(request no.
02009'05).
(g) Senate Bill No.____ or House Bill No. 5804(request no.
02011'05).
(h) Senate Bill No.____ or House Bill No. 5805(request no.
02032'05).