September 25, 2018, Introduced by Reps. Moss, Wittenberg, Sowerby, Greig and Faris and referred to the Committee on Natural Resources.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 8325, 8516, and 8520 (MCL 324.8325, 324.8516,
and 324.8520), section 8325 as amended by 2008 PA 18, section 8516
as added by 1995 PA 60, and section 8520 as amended by 2010 PA 299,
and by adding sections 8316a and 8512d.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 8316a. A commercial applicator making a broadcast,
foliar, or space application of a pesticide to an ornamental or
turf site, including, but not limited to, a residential site, and
other than a golf course or farm production area, shall post a sign
notifying the public of the application. A sign posted under this
section shall comply with the rules adopted under section
8325(1)(g).
Sec. 8325. (1) The director shall promulgate rules for
implementing this part, including, but not limited to, rules
providing for the following:
(a)
The collection, examination, collection
and examination
of, and the reporting of the results of the examination of, samples
of pesticides or devices.
(b) The safe handling, transportation, storage, display,
distribution, and disposal of pesticides and their containers.
(c) The designation of restricted use pesticides and
agricultural pesticides for the state or for specified areas within
the state. The director may include in the rule the time and
conditions of sale, distribution, and use of restricted use
pesticides and agricultural pesticides.
(d) The certification and licensing of applicators and the
licensing of restricted use pesticide dealers and agricultural
pesticide dealers.
(e) The maintenance of records by certified commercial
applicators with respect to applications of restricted use
pesticides.
(f) Good practice in the use of pesticides.
(g) Notification or posting, or both, designed to inform
persons entering certain public or private buildings or other areas
where the application of a pesticide, other than a general use
ready-to-use pesticide, has occurred. Rules promulgated under this
subdivision that apply to the posting of signs under section 8316a
shall include, but are not limited to, the following:
(i) A commercial applicator must write the time and date of
the pesticide application on the sign. A sign that is produced,
supplied, or otherwise used for providing public notice under
section 8316a must include a space for writing the date of the
pesticide application that is labeled "DATE" and a space for
writing the time of the pesticide application that is labeled
"TIME".
(ii) A commercial applicator must place a sign at the edge of
each perimeter of a treated area that is approachable by the
public.
(iii) A commercial applicator must place no fewer than 2 signs
in a treated area.
(iv) A commercial applicator must place a sign at each common
point of entry adjacent to a treated area, including, but not
limited to, driveways and walkways.
(h) Use of a pesticide in a manner consistent with its
labeling including adequate supervision of noncertified applicators
if appropriate.
(i) Prenotification by the building manager upon request for
affected persons regarding the application of a pesticide at
daycare centers and schools.
(j) Responsibility of a building manager to post signs
provided to him or her by a commercial applicator.
(k) Designation of posted school bus stops as sensitive areas.
(l) The establishing establishment of a schedule of civil
fines for violation of local ordinances as described in section
8328(3).
(2) By December 27, 1989, the director shall submit rules to
the
joint committee on administrative rules pertaining to
concerning all of the following:
(a) The development of a training program for applicators who
apply pesticides for private agricultural purposes on the use of
appropriate
procedures for the application of pesticides;
pesticides,
safety procedures for pesticide application;
application, clothing and protective equipment for pesticide
application;
application, the detection of common symptoms of
pesticide
poisoning; poisoning, the means of obtaining emergency
medical
treatment; treatment, hazards posed by pesticides to
workers,
the public health, and the environment; environment,
specific
categories of pesticides; pesticides,
and the requirements
of applicable laws, rules, and labeling.
(b) The development of training programs for integrated pest
management systems in schools, public buildings, and health care
facilities.
(c) The duty of commercial applicators to inform customers of
potential risks and benefits associated with the application of
pesticides.
(3) By June 27, 1990, the director shall submit rules to the
joint
committee on administrative rules pertaining to concerning
the protection of agriculture employees who hand harvest
agricultural commodities regarding all of the following:
(a) The establishment of field reentry periods after the
application of agricultural pesticides.
(b) The posting and notification of areas where pesticides
have been applied.
(c) The use of protective clothing, safety devices, hand
washing, or other methods of protection from pesticide exposure.
(d) Notification of agricultural workers of poison treatment
facilities.
(4) If the EPA at any time adopts and publishes agricultural
worker protection standards, the federal standards shall supersede
rules promulgated under subsection (3).
(5) By December 27, 1989, the director shall submit rules to
the joint committee on administrative rules. These rules shall
include all of the following:
(a) Minimum standards of competency and experience or
expertise for trainers of certified and registered applicators.
(b) The development of a training program for applicators on
the use of appropriate procedures for the application of
pesticides;
pesticides, safety procedures for pesticide
application;
application, clothing and protective equipment for
pesticide
application; application, the detection of common
symptoms
of pesticide poisoning; poisoning,
the means of obtaining
emergency
medical treatment; treatment,
hazards posed by pesticides
to
workers, the public health, and the environment; environment,
specific
categories of pesticides; pesticides,
and the requirements
of applicable laws, rules, and labeling.
(c) The number of directly supervised application hours
required before a registered applicator may apply each category of
restricted use pesticide without direct supervision.
Sec. 8512d. A person making a broadcast, foliar, or space
application of a fertilizer to an ornamental or turf site,
including, but not limited to, a residential site, and other than a
golf course or farm production area, shall post a sign notifying
the public of the application. A sign posted under this section
shall comply with the rules adopted under section 8516.
Sec. 8516. (1) The director of the department shall enforce
this part and may promulgate rules.
(2) Rules promulgated under this section that apply to the
posting of signs under section 8512d shall include, but are not
limited to, the following:
(a) A person must do all of the following:
(i) Write the time and date of the fertilizer application on
the sign. A sign that is produced, supplied, or otherwise used for
providing public notice under section 8512d must include a space
for writing the date of the fertilizer application that is labeled
"DATE" and a space for writing the time of the fertilizer
application that is labeled "TIME".
(ii) Place a sign at the edge of each perimeter of a treated
area that is approachable by the public.
(iii) Place no fewer than 2 signs in a treated area.
(iv) Place a sign at each common point of entry adjacent to a
treated area, including, but not limited to, driveways and
walkways.
(b) A sign must meet all of the following specifications:
(i) The sign is 4 inches high by 5 inches wide.
(ii) The sign is constructed of rigid, weather-resistant
material.
(iii) The sign is attached to a supporting device with the
bottom of the marker extending not less than 12 inches above the
turf.
(iv) The sign is identically printed on both sides in green
letters on a white background.
(c) A sign must include all of the following printed items:
(i) The word "CAUTION" in 11/16-inch high, 72-point type.
(ii) The phrase "Fertilizer Application" in 9/32-inch, 30-
point type.
(iii) The phrase "Keep Off Until Dry" in 9/32-inch, 30-point
type.
(iv) A circular illustration of not less than a 2-inch
diameter that depicts an adult and child walking a dog on a leash
and indicates that the depicted action is prohibited by using a
diagonal line that is drawn across the circle.
(v) The phrase "Customer: Please Remove After 24 Hours" in
3/32-inch, 11-point type.
Sec.
8520. (1) A person who that
violates or attempts to
violate this part or rules promulgated under this part is subject
to the penalties and remedies provided in this part regardless of
whether he or she acted directly or through an employee or agent.
(2) The director, upon finding after notice and an opportunity
for an administrative hearing that a person has violated or
attempted
to violate any a provision of this part or a rule
promulgated under this part, may impose an administrative fine of
not more than $1,000.00 for each violation or attempted violation.
A person shall not be fined under both this subsection and
subsection (7) for the same violation or attempted violation. A
person shall not be fined under this subsection for a violation
described in subsection (7)(b).
(3) If the director finds that a violation or attempted
violation has occurred despite the exercise of due care or did not
result in significant harm to human health or the environment, the
director may issue a warning instead of imposing an administrative
fine.
(4) The director shall advise the attorney general of the
failure
of any a person to pay an administrative fine imposed under
this section. The attorney general shall bring an action in a court
of competent jurisdiction to recover the fine.
(5)
A person who that violates this part or a rule promulgated
under this part, or attempts to violate this part or a rule
promulgated under this part, is guilty of a misdemeanor punishable
by imprisonment for not more than 90 days or a fine of not more
than $5,000.00 for each violation or attempted violation, in
addition to any administrative fines imposed. This subsection does
not apply to a violation or attempted violation of section 8512b,
or
8512d, or 8512f.
(6)
A person who that knowingly and with malicious intent
violates or attempts to violate this part or a rule promulgated
under this part is guilty of a misdemeanor punishable by
imprisonment for not more than 90 days or a fine of not more than
$25,000.00 for each offense. This subsection does not apply to a
violation
or attempted violation of section 8512b, or 8512d,
or
8512f.
(7)
A person who that violates or attempts to violate section
8512b, or
8512d, or 8512f is responsible for a state civil
infraction and may be ordered to pay a civil fine of not more than
the following for each violation or attempted violation:
(a) Except as provided in subdivision (b), not more than
$1,000.00.
(b) Not more than $50.00 if all of the following apply:
(i) The violation or attempted violation occurs on a single-
family residential parcel, or any other parcel or contiguous
parcels with a total of not more than 4 acres of turf.
(ii) The violation or attempted violation is committed by the
property
owner or lessee, a member of his or her family, or a
person
an individual who resides on the property.
(8) The director may bring an action to enjoin the violation
or threatened violation of this part or a rule promulgated under
this part in a court of competent jurisdiction of the county in
which the violation occurs or is about to occur.
(9) The attorney general may file a civil action in which the
court
may impose on any a person who that violates or attempts to
violate this part or a rule promulgated under this part, other than
section
8512b, or 8512d,
or 8512f, a civil fine of not more than
$5,000.00 for each violation or attempted violation. In addition,
the attorney general may bring an action in circuit court to
recover
the reasonable costs of the investigation from any a person
who
that violated this part or attempted to violate this
part.
Money recovered under this subsection shall be forwarded to the
state treasurer for deposit into the fund.
(10) In defense of an action filed under this section for a
violation or attempted violation of this part, in addition to any
other lawful defense, a person may present evidence as an
affirmative defense that, at the time of the alleged violation or
attempted violation, he or she was in compliance with this part and
rules promulgated under this part.
(11)
A person who that violates this part is liable for all
damages sustained by a purchaser of a product sold in violation of
this part. In an enforcement action, a court, in addition to other
sanctions provided by law, may order restitution to a party injured
by the purchase of a product sold in violation of this part.
(12)
A civil action filed pursuant to under this part is
subject to applicable provisions of the revised judicature act of
1961, 1961 PA 236, MCL 600.101 to 600.9947.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.