Michigan CORE Addendum — State Laws

Learning Objectives

After studying this addendum, you should:

• Understand certification requirements for private, commercial, and registered applicators.
• Understand Michigan supervision rules.
• Know Michigan pesticide recordkeeping requirements.
• Know how to follow Michigan pesticide laws and regulations.
• Understand how to dispose of containers and rinsates in Michigan.
• Know what to do in case of a pesticide spill in Michigan.

State vs Federal Law — The Basic Rule

Applicator Certification in Michigan

Three applicator categories in Michigan:

Private Applicator

Uses or supervises use of restricted-use pesticides in the production of an agricultural commodity on own/employer's/rented land. "Agricultural commodity" includes crops, livestock, ornamentals, forest products, etc. sold in commerce.

Commercial Applicator

Certified applicator using general OR restricted-use pesticides for purposes not covered under a private certification. Generally: pesticide applications for hire.

Registered Applicator (Commercial)

Passes the commercial CORE exam AND completes an MDARD-approved category-specific training. During training only, must be under direct supervision of a certified applicator.

Common Requirements

• Must be at least 18 years old.
• Credentials valid for 3 years.
• Renew by attending MDARD-approved training seminars to earn credits OR by retaking exams.
• Must pass exam within 6 months of application date.

Who Needs to Be Certified or Registered?

Pesticide Applicator's Business License (PABL)

MDARD licenses businesses that apply pesticides for hire. To qualify, a commercial applicator must meet one of these:

• At least 2 application seasons of service as an employee of a commercial applicator, OR comparable education/experience.
• A bachelor's degree in a relevant area covering pest/pest control education, PLUS 1 application season of service as a commercial applicator employee.

Michigan Reciprocity

Michigan has reciprocal agreements with:

• Indiana
• Ohio
• Wisconsin
• Minnesota

Applicators certified in Michigan don't need to retake exams in these states — but they must still obtain the other state's certification and pay appropriate fees.

The Key Michigan Laws

Act 451, Part 83 — Pesticide Control (the main one)

Gives the MDARD director authority to regulate distribution and sale of all pesticides registered in the state. Contains:

• Regulation 636 — Pesticide Applicators: certification types, recordkeeping, categories of certification.
• Regulation 637 — Pesticide Use: PPE, drift avoidance, calibration, posting, school rules.
• Regulation 640 — Commercial Pesticide Bulk Storage.

Act 451, Part 87 — Groundwater and Freshwater Protection

Enables the Michigan Groundwater Stewardship Program (MGSP) and the Clean Sweep disposal sites. Ties to EPA state management plans. New pesticide storage buildings must be built at least 150 feet from a private well.

Act 451, Part 111 — Hazardous Waste Management

Administers the federal Resource Conservation Recovery Act (RCRA) plus Michigan's own waste management act. Waste pesticides and containers may be regulated as hazardous waste unless disposed of properly.

Michigan Occupational Safety and Health Act (MIOSHA)

Including the Michigan Right-to-Know Act — employers must obtain and retain SDSs, train employees, and properly label hazardous-chemical containers.

Regulation 636 — Recordkeeping Requirements

Required Record Fields

• Name and concentration of pesticide plus EPA registration number.
• Amount of end-use dilution.
• Target pest or purpose.
• Date applied.
• Address or location of application.
• Method and rate of application.

Records must be made available to MDARD upon request.

Regulation 637 — Key Pesticide Use Rules

• Apply per label, prevent off-target discharge, and keep application equipment properly calibrated and in sound mechanical condition.
• Rule 5: Neighbor-notification registry for turf and ornamental applications.
• Rules 6–7: Containment structures required when mixing/loading 10+ days per year at the same location. Hand-held and backpack equipment are exempt.
• Rule 8: Dispose of excess pesticides by applying to a label-listed site at or below label rates.
• Rule 9: PPE required per label. Michigan minimum for commercial applications (unless the label says otherwise) — long pants, long-sleeved shirt, and gloves impervious to the pesticide when hands may contact pesticide.
• Rule 10: Drift management plans when off-target movement could occur.
• Rule 11: Posting and public notification for turf, ornamental, golf-course, and certain indoor applications.
• Rules 14–15: IPM program and procedures required for applications in and around schools, daycare, public buildings, and healthcare facilities. Sanitizers/germicides/disinfectants/antimicrobials exempt.

Schools and Daycare Centers

Regulation 640 — Bulk Storage

Applies when a facility both:

• Stores pesticides in individual quantities greater than 55 gallons (liquid) or 100 pounds (dry), AND
• Distributes those bulk pesticides as a direct sale or as part of a service.

Requires:

• Annual registration with MDARD (no fee).
• Setback distances from wells, surface water, water supplies.
• Primary containment (tanks and plumbing), vents, liquid level gauges (no external gauges).
• Secondary containment (diking) for bulk tanks. Minibulk shuttles under 400 gallons don't need diking but must be on a paved, impermeable surface.
• Operational area containment (mixing/loading pad): at least 10 × 20 feet and hold 1,500 gallons.
• Written discharge response (emergency) plan.
• Inspection, maintenance, recordkeeping.

Hazardous Waste — Containers & Rinsates

Administered by the Michigan Department of Environmental Quality (MDEQ) Waste Management Division under Act 451 Part 111.

Empty Containers

• Empty containers that have been triple-rinsed or power-rinsed can be recycled at an MDARD pesticide container recycling program.
• Before landfill disposal in a Type II sanitary landfill: containers must be triple- or power-rinsed AND punctured.

Rinsate

• No free liquids can be placed in any landfill in Michigan.
• Dispose of rinsate by applying to a label-allowed site at or below label rates.
• Minimize excess by purchasing only what you need and keeping equipment calibrated.

Michigan Spill Reporting

Report chemical releases (pesticides, fertilizers, petroleum, manure) within 15 minutes to three levels of government:

Spill Response Procedure

1. Protect personal safety first. Assess spill dangers, put on PPE. If you cannot control/contain without endangering yourself → call 911.
2. Control the source — shut off valves/pumps, plug holes, upright the container. For fires on chemicals, be aware water may cause dangerous reactions. Use a fire extinguisher rated for all fire types on small chemical fires; call 911 for anything larger.
3. Contain the spill to a small area, away from groundwater or surface water. Watch for infiltration into soil, drainage ditches, wetlands, ponds, streams.
4. Communicate details to local, state, and federal authorities.
5. Clean up. Use the spill kit for small releases. Call a remediation company for serious ones. MDARD and MDEQ spill response staff help determine proper actions and reporting.

MIOSHA Right-to-Know Act

Michigan Department of Public Health and Michigan Department of Labor jointly enforce MIOSHA (Act 154, amended 1986). Incorporates the federal Hazard Communication Standard.

Employer Requirements

• Obtain and retain SDSs for all hazardous chemicals (including pesticides) for employee review.
• Develop and implement a written employee training program.
• Ensure all hazardous-material containers are properly labeled.

The law still covers other hazardous chemicals on farms — petroleum products, some fertilizers, non-pesticide chemicals.

Fines and Enforcement

Under Act 451 Part 83, MDARD may fine violators for improper handling, transport, application, or storage. Fines range from $1,000 to $5,000 per offense. Penalties may include imprisonment.

It's illegal to:

• Use pesticides not registered in Michigan.
• Use misbranded products or alter labels.
• Make false claims about pesticide uses, qualities, benefits, or safety.

Clean Sweep Disposal Program

Michigan Groundwater Stewardship Program (MGSP) operates Clean Sweep sites statewide for safe, proper disposal of outdated, unused, or unwanted pesticides.

• Michigan residents may drop off pesticides free of charge.
• Pesticide dealers and commercial applicators may pay a reduced cost — typically less than 20% of normal disposal cost.

Key Terms Cheat Sheet (Michigan-Specific)