Michigan Laws 324.8512 – Nitrates in groundwater exceeding certain limits associated with aquifer sensitivity or fertilizer use; educational materials provided to fertilizer users; authority of department director; eligi
Current as of: 2024 | Check for updates
|
Other versions
(1) Upon confirming the presence of nitrate in groundwater in concentration exceeding 50% of the maximum contaminant level for nitrates in 20% of drinking water wells associated with an aquifer sensitivity region or fertilizer use activity, the director of the department shall provide educational materials to fertilizer users within that region and may do 1 or more of the following:
(a) Establish a regional stewardship team to assist in the coordination of local activities designed to prevent further contamination of groundwater and to identify all probable sources of nitrate.
Terms Used In Michigan Laws 324.8512
- Aquifer: means a geologic formation, group of formations, or part of a formation capable of yielding a significant amount of groundwater to wells or springs. See Michigan Laws 324.8501
- Aquifer sensitivity: means a hydrogeologic function representing the inherent abilities of materials surrounding the aquifer to attenuate the movement of nitrogen fertilizers into that aquifer. See Michigan Laws 324.8501
- Department: means the department of agriculture and rural development. See Michigan Laws 324.8501
- Director: means the director of the department or his or her designee. See Michigan Laws 324.8501
- Fertilizer: means a substance containing 1 or more recognized plant nutrients, which substance is used for its plant nutrient content and which is designed for use, or claimed to have value, in promoting plant growth. See Michigan Laws 324.8501
- Fund: means the fertilizer control fund created under section 8514. See Michigan Laws 324.8501
- Groundwater: means underground water within the zone of saturation. See Michigan Laws 324.8501
- Use: means the loading, mixing, applying, storing, transporting, or disposing of a fertilizer. See Michigan Laws 324.8501a
(b) Conduct further monitoring to determine the concentration and spatial distribution of nitrates in the aquifer.
(c) Perform an evaluation of activities in the monitoring region to determine the sources of nitrate that may have contributed to the contamination.
(d) Implement a stewardship program in the aquifer sensitivity region pursuant to part 87.
(e) Assist the regional stewardship team in designing a regional plan to prevent further contamination of groundwater by fertilizer use activities, which plan must include an assessment of all probable sources of nitrates.
(f) Establish a program that provides incentives for users to increase nitrogen use efficiency.
(2) Upon approval of a regional plan by the director of the department, the regional stewardship team is eligible to receive grants from the freshwater protection fund established by part 87.
(3) The director of the department may, upon written request, authorize persons to land-apply materials containing 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.