Michigan Compiled Laws
451-1994-II-2-83 - Part 83 Pesticide Control (324.8301...324.8336)
Section 324.8323 - Confirmation of Groundwater Contamination; Duties of Director; Development of Activity Plan by Person Responsible for Contamination; Approval or Rejection by Director; Continuation of Certain Activities; Order to Cease or Modify Ac...

Sec. 8323.
(1) Upon confirming contamination of groundwater by a pesticide pursuant to part 87 at a single location, the director shall do all of the following:
(a) Assist in the coordination of local activities designed to prevent further contamination of groundwater.
(b) Conduct envelope monitoring.
(c) Perform an evaluation of activities that may have contributed to the contamination.
(d) Make a determination as to the degree to which groundwater stewardship practices were being utilized.
(e) Make a determination as to the potential source or sources of the contamination.
(2) If confirmed concentrations of pesticides exceed the groundwater resource response level or a confirmed contaminant has migrated into groundwater off of the property, the director shall require a person whose action or negligence was potentially responsible for the contamination to develop an activity plan. A person required to develop an activity plan shall develop and submit the activity plan to the director within 90 days after receiving notice from the director. Upon receipt of an activity plan, the director shall approve or reject the plan within 90 days. If rejected, the director shall provide a description of reasons for rejection. Upon receipt of a rejection, the person shall within 90 days develop an acceptable activity plan.
(3) If the activities on a contamination site are determined by the director to be in accordance with all applicable components of the groundwater stewardship practices and groundwater protection rules, activities that are not responsible for or potentially responsible for the contamination incident may continue.
(4) If activities on a contamination site are determined by the director not to be in accordance with this part, the director may issue an order to cease or modify activities on the site involving pesticide use. A person aggrieved by an order issued under this section may request a hearing pursuant to the administrative procedures act of 1969, Act No. 306 of the Public Acts of 1969, being sections 24.201 to 24.328 of the Michigan Compiled Laws.
History: 1994, Act 451, Eff. Mar. 30, 1995 Popular Name: Act 451Popular Name: NREPA

Structure Michigan Compiled Laws