Section 324.3131 - Land application of sewage sludge and derivatives; rules.
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT (EXCERPT)
Act 451 of 1994
324.3131 Land application of sewage sludge and derivatives; rules.
Sec. 3131.
(1) By October 1, 1997, the department of environmental quality in consultation with the department of agriculture shall promulgate rules to manage the land application of sewage sludge and sewage sludge derivatives. The rules shall be consistent with the minimum requirements of 40 C.F.R. part 503 but may impose requirements in addition to or more stringent than 40 C.F.R. part 503 to protect public health or the environment from any adverse effect from a pollutant in sewage sludge or in a sewage sludge derivative. However, the rules shall require that if monitoring of sewage sludge or a sewage sludge derivative indicates a pollutant concentration in excess of that provided in table 3 of 40 C.F.R. 503.13, monitoring frequency shall be increased to not less than twice that provided in table 1 of 40 C.F.R. 503.16, until pollutant concentrations are at or below those provided in table 3 of 40 C.F.R. 503.13. The rules shall require a sewage sludge generator or sewage sludge distributor to deliver to a county, city, village, or township a copy of any record required to be created under the rules pertaining to sewage sludge or a sewage sludge derivative applied to land in that local unit. The copy shall be delivered free of charge promptly after the record is created.
(2) If the Michigan supreme court rules that sections 45 and 46 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.245 and 24.246, are unconstitutional and a statute requiring legislative review of administrative rules is not enacted within 90 days after the Michigan supreme court ruling, the rule-making authority under this section and any rules promulgated under that rule-making authority are rescinded, and the land application of sewage sludge shall be managed by the department of environmental quality in consultation with the department of agriculture consistent with the requirements of 40 C.F.R. part 503.
History: Add. 1997, Act 29, Imd. Eff. June 18, 1997
Compiler's Notes: In separate opinions, the Michigan Supreme Court held that Section 45(8), (9), (10), and (12) and the second sentence of Section 46(1) (“An agency shall not file a rule ... until at least 10 days after the date of the certificate of approval by the committee or after the legislature adopts a concurrent resolution approving the rule.”) of the Administrative Procedures Act of 1969, in providing for the Legislature's reservation of authority to approve or disapprove rules proposed by executive branch agencies, did not comply with the enactment and presentment requirements of Const 1963, Art 4, and violated the separation of powers provision of Const 1963, Art 3, and, therefore, were unconstitutional. These specified portions were declared to be severable with the remaining portions remaining effective. Blank v Department of Corrections, 462 Mich 103 (2000).
Popular Name: Act 451
Popular Name: NREPA