Michigan Ag Waste regulations & environmental compliance analysis

Michigan Ag Waste: What you need to know

Governing Law and Regulations

National Pollutant Discharge Elimination System (NPDES) permit program: Michigan Administrative Code (MAC) r. 323.2101 to 323.2197

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NPDES concentrated animal feeding operation (CAFO) permits: MAC r. 323.2196

Permit conditions: MAC r. 323.2196(5)

Operator certification: Michigan Natural Resources and Environmental Protection Act, Michigan Compiled Laws (MCL) 324.3110

Michigan Right to Farm Act, MCL 286.471 to 286.474

Groundwater discharge exemption: MAC r. 323.2210(f)

Regulatory Agencies

Michigan Department of Environmental Quality (DEQ) Water Resources Division

Michigan Department of Agriculture (MDA)

U.S. Environmental Protection Agency (EPA) Region 5

See ADDRESSES & CONTACTS for addresses and telephone numbers.

See national section for basic information and federal regulations.

Comparison: State vs. Federal

• Rules. Michigan is authorized to administer the National Pollutant Discharge Elimination System (NPDES) permit program, including permits for discharges related to concentrated animal feeding operations (CAFOs). The Michigan Department of Environmental Quality (DEQ) has broader authority to regulate CAFOs under state law and typically requires permits for direct and indirect discharges to surface and groundwater, as well as for the storage of substances that may affect the quality of waters of the state. DEQ requires a permit for any animal feeding operation (AFO) with 1,000 animal units (AUs) with a regulated discharge to surface waters.

In addition, the Michigan Right to Farm Act provides for the investigation of complaints involving agricultural waste and the protection of farmers from nuisance suits.

• Administration and enforcement. DEQ is responsible for administering and ...


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