Sec. 8324.
(1) The director shall promulgate a groundwater protection rule that defines the scope and region of implementation of the rule if any of the following occur:
(a) A pesticide has been confirmed in groundwater at levels exceeding its groundwater resource response level in at least 3 distinct locations as a result of similar activities as determined under section 8323(1) and the director determines that voluntary adoption of the groundwater stewardship practices pursuant to part 87 has not been effective in preventing groundwater contaminant concentrations from exceeding the groundwater resource response level.
(b) The EPA proposes to suspend or cancel registration of the pesticide, prohibits or limits the pesticide's sale or use in the state, or otherwise initiates action against the pesticide because of groundwater concerns.
(2) The director may promulgate a groundwater protection rule for a specific pesticide if the pesticide contains an active ingredient with a method detection limit greater than its groundwater resource response level.
(3) In determining the need for and scope of a groundwater protection rule, the director shall consider the type of contaminant or contaminants and the extent to which any of the following apply:
(a) The source or sources of the contaminant or contaminants can be identified.
(b) An identified source or sources are associated with a specific activity or activities.
(c) Local response to the contamination is adequate to protect groundwater.
(d) There are state label restrictions as allowed under sections 18 and 24 of FIFRA, chapter 125, 86 Stat. 995 and 997, 7 U.S.C. 136p and 136v, that could adequately address the problem.
(e) Restricted use classification could adequately address the problem.
(f) The use, value, and vulnerability of the resource and whether the groundwater is a currently or reasonably expected source of drinking water.
(g) The technical and economic feasibility of any mandated practices on persons in the region.
(h) The overall productivity and economic viability of the state's agriculture.
(4) In determining the region of implementation for a groundwater protection rule, the director shall consider both of the following:
(a) The reliability and geographical distribution of groundwater sample test data.
(b) The extent to which local aquifer sensitivity conditions can be considered characteristics of a larger region.
(5) The director may approve alternative operations to those defined in a groundwater protection rule if they can be shown to provide the equivalent level of groundwater protection.
History: 1994, Act 451, Eff. Mar. 30, 1995
Popular Name: Act 451
Popular Name: NREPA