Bill Text: MI HB4389 | 2019-2020 | 100th Legislature | Engrossed
Bill Title: Environmental protection; hazardous products; firefighting foam containing PFAS; require reports on use of and require department of environmental quality to accept for disposal. Amends heading of subpt. 1 of pt. 147 of 1994 PA 451 (MCL 324.101 - 324.90106) & adds secs. 14701, 14703 & 14705.
Spectrum: Strong Partisan Bill (Republican 10-1)
Status: (Passed) 2020-07-21 - Assigned Pa 132'20 With Immediate Effect [HB4389 Detail]
Download: Michigan-2019-HB4389-Engrossed.html
Substitute For
HOUSE BILL NO. 4389
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
(MCL 324.101 to 324.90106) by amending the heading of subpart 1 of part 147 and by adding sections 14701, 14703, 14705, and 14707.
The people of the state of michigan enact:
SUBPART 1 PCB COMPOUNDSPERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES
Sec. 14701. As used in this subpart:
(a) "Department" means the department of environment, Great Lakes, and energy.
(b) "Fire chief" means that term as defined in section 1 of the fire prevention code, 1941 PA 207, MCL 29.1.
(c) "Firewater" means water that has been used for firefighting.
(d) "Organized fire department" means that term as defined in section 1 of the fire prevention code, 1941 PA 207, MCL 29.1.
(e) "PFAS" means a perfluoroalkyl or polyfluoroalkyl substance.
Sec. 14703. (1) Within 48 hours after an organized fire department uses firefighting foam containing intentionally added PFAS, the fire chief shall submit to the department of environment, Great Lakes, and energy a written report that includes all of the following information:
(a) The purpose for which the foam was used.
(b) The physical address and the latitude and longitude of the location at which the foam was used.
(c) The quantity of foam concentrate used.
(d) The quantity of water used to produce the foam or used in conjunction with the foam.
(e) The name brand and manufacturer of the foam concentrate.
(f) If a member of the organized fire department knows that the foam or firewater entered a storm sewer or combined sewer, the distance and direction of the point of entry from the location at which the foam was used.
(g) If a member of the organized fire department knows that the foam or firewater entered a water body, including, but not limited to, a drain under the drain code of 1956, 1956 PA 40, MCL 280.1 to 280.630, the name or number of the water body and the distance and direction of the point of entry from the location at which the foam was used.
(h) Practices employed for containment and disposal of the foam and firewater.
(i) Practices employed for cleanup and disposal of materials contaminated by the foam concentrate, foam, or firewater.
(2) The department may prescribe the format of the report under subsection (1) and the means by which the report shall be submitted.
Sec. 14705. The department shall establish a collection program for firefighting foam concentrate containing intentionally added PFAS and establish guidelines for the program. Under the program, the department shall accept the foam concentrate free of charge and properly dispose of the foam concentrate. The program is contingent on legislative appropriations to cover program costs.
Sec. 14707. A person that violates section 14703 may be ordered to pay a civil fine of not more than $500.00. A violation of section 14703 may be prosecuted by the prosecutor of the county in which the violation occurred or by the attorney general.
