Section 324.8716 - Freshwater protection fund.
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT (EXCERPT)
Act 451 of 1994
324.8716 Freshwater protection fund.
Sec. 8716.
(1) The freshwater protection 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, including general fund general purpose appropriations, gifts, grants, and bequests. The director shall annually seek matching general fund general purpose appropriations in amounts equal to the groundwater protection fees collected under section 8715 that are deposited into the fund pursuant to this part. 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) The department shall be the administrator of the fund for auditing purposes.
(5) The department shall expend money from the fund, upon appropriation, only for 1 or more of the following purposes:
(a) Direct assistance.
(b) Indirect assistance.
(c) Emergency response and removal of potential sources of groundwater contamination. Expenditures pursuant to this subdivision shall not exceed $15,000.00 per location.
(d) Groundwater protection and groundwater regulatory program.
(e) Administrative costs. Expenditures pursuant to this subdivision shall not exceed 20% of the annual appropriations from the fund.
(6) The department shall establish criteria and procedures for approving proposed expenditures from the fund.
(7) Notwithstanding section 8715, if at the close of any fiscal year the amount of money in the fund exceeds $3,500,000.00, the department shall not collect a groundwater protection fee for the following year. After the groundwater protection fees have been suspended under this subsection, the fees shall only be reinstated if, at the close of any succeeding fiscal year, the amount of money in the fund is less than $1,000,000.00.
(8) The department of treasury shall, before November 1 of each year, notify the department of the balance in the fund at the close of the preceding fiscal year.
(9) As used in this section:
(a) "Administrative costs" includes, but is not limited to, costs incurred during any of the following:
(i) Groundwater monitoring for pesticides and fertilizers.
(ii) Development and enforcement of groundwater protection rules.
(iii) Coordination of programs under this part with the United States environmental protection agency and other state programs with groundwater and pesticide management responsibilities.
(iv) Management of pesticide sales information.
(b) "Direct assistance" includes, but is not limited to, programs that will provide for any of the following:
(i) Provision of alternate noncommunity water supplies.
(ii) Closure of wells that may impact groundwater, such as abandoned, improperly constructed, or drainage wells.
(iii) The environmentally sound disposal or recycling of specialty pesticide containers.
(iv) The environmentally sound disposal or recycling of nonspecialty pesticide containers.
(v) Specialty and nonspecialty pesticide pickup programs for pesticides not currently registered for use.
(vi) Programs devoted to integrated pest and crop management that strive to encourage the judicious use of pesticides and fertilizers through targeted applications as part of a systems approach to pest control and related crop management decisions.
(vii) Incentive and cost share programs for persons in the groundwater stewardship program for implementation of groundwater stewardship practices or groundwater protection rules.
(viii) Incentive and cost share programs for persons who notify the director of potential sources of groundwater contamination on their property.
(ix) Monitoring of private well water for pesticides and fertilizers.
(x) Removal of soils and waters contaminated by pesticides and fertilizers and the land application of those materials at agronomic rates.
(xi) Groundwater stewardship program grants pursuant to section 8710.
(xii) Other programs established pursuant to this part.
(c) "Indirect assistance" includes, but is not limited to, programs that will provide for any of the following:
(i) Public education and demonstration programs on specialty pesticide container recycling and environmentally sound disposal methods.
(ii) Educational programs for pesticide and fertilizer end users.
(iii) Technical assistance programs for pesticide and fertilizer end users.
(iv) The promotion and implementation of on-site evaluation systems and groundwater stewardship practices.
(v) Research programs for determination of the impacts of alternate pesticide and fertilizer management practices.
(vi) Research program for determination of aquifer sensitivity and vulnerability to contamination by pesticides and fertilizers.
History: 1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 2003, Act 163, Imd. Eff. Aug. 12, 2003 ;-- Am. 2007, Act 174, Imd. Eff. Dec. 21, 2007
Popular Name: Act 451
Popular Name: NREPA