Bill Text: MI SB1347 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Environmental protection; cleanups; part 201 modifications; provide for. Amends secs. 20112a, 20113 & 20114 of 1994 PA 451 (MCL 324.20112a et seq.). TIE BAR WITH: HB 6359'10, HB 6360'10, SB 1345'10, SB 1346'10, SB 1348'10
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2010-11-10 - Referred To Second Reading [SB1347 Detail]
Download: Michigan-2009-SB1347-Introduced.html
SENATE BILL No. 1347
May 25, 2010, Introduced by Senator BASHAM and referred to the Committee on Natural Resources and Environmental Affairs.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 20112a, 20113, and 20114 (MCL 324.20112a,
324.20113, and 324.20114), section 20112a as added and section
20114 as amended by 1995 PA 71 and section 20113 as amended by 1996
PA 383.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
20112a. Within 2 years after the effective date of this
section
and biennially thereafter, the department shall report to
the
legislature on the effectiveness of the amendatory act that
added
this section in restoring the economic value of sites of
environmental
contamination. The report shall include but not be
limited
to an examination of the effectiveness of the categorical
cleanup
criteria and liability provisions in encouraging the
redevelopment
of sites of environmental contamination. In preparing
this
report, the department shall consult the chairpersons of the
senate
and house of representatives standing committees with
jurisdiction
over issues pertaining to natural resources and the
environment.
(1) The department shall create, and update on an ongoing
basis, an inventory of known facilities. The inventory shall
contain, if applicable, at least the following information for each
facility:
(a) Location.
(b) Whether 1 or more response activity plans were submitted
under section 20114b and the status of department approval.
(c) Whether a notice of land use or resource use restrictions
under section 20114c was submitted to the department.
(d) Whether a no further action report under section 20114d
was submitted to the department and whether the report included a
postclosure plan or proposed postclosure agreement and the status
of department approval.
(e) Whether a cleanup category under section 20120a(1) was
proposed for the facility in a remedial action plan or no further
action report, or was met in an approved no further action report.
(2) The department may categorize facilities on the inventory
created under subsection (1) in a manner that the department
believes is useful for the general public.
(3) The department shall make the inventory created under
subsection (1) available on the department's website.
(4) The department shall compile the following data on a
quarterly basis and post the data on its website:
(a) The number of response activity plans received by the
department and itemized as follows:
(i) Approved by the department.
(ii) Disapproved by the department.
(iii) Recommended for approval by the panel.
(iv) Recommended for disapproval by the panel.
(v) Approved by operation of law.
(b) The number of no further action reports received by the
department and itemized as follows:
(i) Approved by the department.
(ii) Disapproved by the department.
(iii) Recommended for approval by the panel.
(iv) Recommended for disapproval by the panel.
(v) Approved by operation of law.
(c) The number of baseline environmental assessments received
by the department.
(5) The department shall annually determine the percentage of
no further action reports was approved by operation of law under
section 20114d. If the percentage in any year is in excess of 10%,
the department shall notify the standing committees of the senate
and the house of representatives with jurisdiction over issues
related to natural resources and the environment of this
occurrence.
Sec. 20113. (1) Money required to implement the programs
described under this part and to pay for response activities
recommended under this part shall be appropriated from the fund and
any other source the legislature considers necessary to implement
the requirements of this part.
(2)
Money from the fund shall be appropriated only for
response
activities at sites that have been subjected to the risk
assessment
process described in section 20105.
(2) (3)
The department shall annually
submit to the governor a
request for appropriation from the fund. The request will include a
lump
sum amount for the purposes of subsection (4)(a) and a lump
sum
amount for the purposes of subsection (4)(f) (3)(e).
For the
purposes
set forth in subsection (4)(b), (c), (d), and (e), (3)(a),
(b),
(c), and (d), the request shall include
a list of sites
facilities where the department is proposing to expend funds. The
list
shall include the following information for each site
facility: the common name of the site facility,
the response
activities that are planned to be conducted, and the estimated
amount of money that is needed to conduct the response activities.
The
legislature shall approve by law the list of sites facilities
to be addressed and shall provide a lump sum appropriation for
these sites based on the total estimated amount needed for the
approved
sites facilities.
(3) (4)
Money from the fund may be used,
upon appropriation,
for the following as determined by the department:
(a)
National priority list municipal landfill cost-share
grants
to be approved by the board pursuant to section 20109a.
(a) (b)
Superfund match, which includes
funding for any
response activity that is required to match federal dollars at a
superfund site as required under the comprehensive environmental
response,
compensation, and liability act, of 1980, Public Law 96-
510,
94 Stat. 2767 42 USC 9601 to
9675.
(b) (c)
Response activities to address
actual or potential
public health or environmental problems.
(c) (d)
Completion of response activities
initiated by the
state using environmental protection bond funds or completion of
response activities at facilities initiated by a person who was
liable
under this part prior to Public Act 71 of 1995 1995 PA 71
but is not liable under section 20126 of this part, where such
response activities have ceased.
(d) (e)
Response activities at sites facilities that will
facilitate redevelopment.
(e) (f)
Emergency response actions for sites
facilities to be
determined by the department.
(4) (5)
Money in the fund shall be expended
first for the
purposes
described in subsection (4)(b) and (f) (3)(a) and (e) and
health
or environmental problems under subsection (4)(c) (3)(b)
that are related to acute health or environmental problems.
Following these expenditures, not less than 50% of the remaining
money expended under this section shall be expended for response
activities that facilitate redevelopment of urbanized areas. All
additional expenditures under this section shall be expended
following the expenditures described in this subsection. As used in
this subsection, "urbanized area" means an urbanized area as
determined by the economics and statistics administration, United
States
bureau of census, according to the 1990 2000 census.
(5) (6)
The total amount of funds expended
by the department
for national priority list municipal landfill cost-share grants
shall not exceed the lesser of 12% of the funds appropriated from
the fund in a fiscal year or $6,000,000.00 in a fiscal year.
(6) (7)
Not later than December 31 of each
year, the
department shall provide to the governor, the senate and house of
representatives standing committees with jurisdiction over issues
pertaining to natural resources and the environment, and the senate
and house of representatives appropriations committees a list of
all projects financed under this part through the preceding fiscal
year. The list shall include the project site and location, the
nature of the project, the total amount of money authorized, the
total amount of money expended, and project status.
Sec. 20114. (1) Except as provided in subsection (4), an owner
or operator of property who has knowledge that the property is a
facility and who is liable under section 20126 shall do all of the
following:
(a) Determine the nature and extent of a release at the
facility.
(b)
Report Make the following
notifications:
(i) If the release is of a reportable quantity of a hazardous
substance under 40 CFR 302.4 and 302.6 (1989), report the release
to the department within 24 hours after obtaining knowledge of the
release.
The requirements of this subdivision shall apply to
reportable
quantities of hazardous substances established pursuant
to
40 C.F.R. 302.4 and 302.6 (1989), unless the department
establishes
through rules alternate or additional reportable
quantities
as necessary to protect the public health, safety, or
welfare,
or the environment.
(ii) If the owner or operator has reason to believe that 1 or
more hazardous substances are emanating from or have emanated from
and are present beyond the boundary of his or her property at a
concentration in excess of cleanup criteria for unrestricted
residential use, notify the department and the owners of property
where the hazardous substances are present within 30 days after
obtaining knowledge that the release has migrated.
(iii) If the release is a result of an activity that is subject
to permitting under part 615 and the owner or operator is not the
owner of the surface property, notify the department and the
surface owner within 30 days after obtaining knowledge of the
release.
(c) Immediately stop or prevent the release at the source.
(d) Immediately implement source control or removal measures
to remove or contain hazardous substances that are released after
the
effective date of the 1995 amendments to this section June 5,
1995 if those measures are technically practical, cost effective,
and provide protection to the environment. At a facility where
hazardous
substances are released after the effective date of the
1995
amendments to this section June
5, 1995, and those hazardous
substances have not affected groundwater but are likely to,
groundwater contamination shall be prevented if it can be prevented
by measures that are technically practical, cost effective, and
provide protection to the environment.
(e) Immediately identify and eliminate any threat of fire or
explosion or any direct contact hazards.
(f) Immediately initiate removal of a hazardous substance that
is in a liquid phase, that is not dissolved in water, and that has
been released.
(g) Diligently pursue response activities necessary to achieve
the
cleanup criteria specified in established
under this part. and
the
rules promulgated under this part. For a period of 2 years
after
the effective date of the 1995 amendments to this section,
fines
and penalties shall not be imposed under this part for a
violation
of this subdivision. Except
as otherwise provided in this
part, in pursuing response activities under this subdivision, the
owner or operator may do either of the following:
(i) Proceed under section 20114a to conduct self-implemented
response activities.
(ii) Proceed under section 20114b if the owner or operator
wishes to, or is required to, obtain departmental approval of 1 or
more aspects of planning response activities.
(h) Upon written request by the department, take the following
actions:
(i) Provide a response activity plan containing a plan for
undertaking interim response activities and undertake interim
response activities consistent with that plan.
(ii) Provide a response activity plan containing a plan for
undertaking evaluation activities and undertake evaluation
activities consistent with that plan.
(iii) Pursue remedial actions under section 20114a and, upon
completion, submit a no further action report under section 20114d.
(iv) (iii) Take
any other response activity determined by the
department to be technically sound and necessary to protect the
public health, safety, welfare, or the environment.
(v) (iv) Submit
to the department for approval a response
activity plan containing a remedial action plan that, when
implemented,
will achieve the cleanup criteria specified in
established
under this part. and
the rules promulgated under this
part.
(vi) (v) Implement
an approved remedial action response
activity plan in accordance with a schedule approved by the
department pursuant to this part.
(vii) Submit a no further action report under section 20114d
after completion of remedial action.
(2)
A person may undertake response activity without prior
approval
by the department unless that response activity is being
done
pursuant to an administrative order or agreement or judicial
decree
which requires prior department approval. Any such action
shall
not relieve any person of liability for further response
activity
as may be required by the department.
(2) Subsection (1) does not preclude a person from
simultaneously undertaking 1 or more aspects of planning or
implementing response activities at a facility under section 20114a
without the prior approval of the department, unless 1 or more
response activities are being conducted pursuant to an
administrative order or agreement or judicial decree that requires
prior department approval, and submitting a response activity plan
to the department under section 20114b.
(3) Except as provided in subsection (4), a person who holds
an easement interest in a portion of a property who has knowledge
that there may be a release within that easement shall report the
release to the department within 24 hours after obtaining knowledge
of
the release. Unless the department establishes through rules
alternate
or additional reportable quantities as necessary to
protect
the public health, safety, or welfare, or the environment,
this
This subsection shall apply applies to
reportable quantities
of
hazardous substances established pursuant to 40 C.F.R. CFR 302.4
and 302.6 (1989).
(4) The requirements of subsections (1) and (3) do not apply
to a permitted release or a release in compliance with applicable
federal, state, and local air pollution control laws.
(5)
Upon a determination by the department that a person has
completed
all response activity at a facility pursuant to an
approved
remedial action plan prepared and implemented in
compliance
with this part and the rules promulgated under this
part,
the department, upon request of a person, shall execute and
present
a document stating that all response activities required in
the
approved remedial action plan have been completed.
(6)
An owner or operator of a facility from which a hazardous
substance
is released that is determined to be reportable under
subsection
(1)(b), other than a permitted release, who fails to
notify
the department within 24 hours after obtaining knowledge of
the
release or who submits in such notification any information
that
the person knows to be false or misleading, is subject to a
civil
fine of not more than $25,000.00 for each day in which the
violation
occurs or the failure to comply continues. A fine imposed
under
this subsection shall be based upon the seriousness of the
violation
and any good faith efforts by the violator to comply with
this
subsection.
(5) (7)
This section does not do either of
the following:
(a) Limit the authority of the department to take or conduct
response activities pursuant to this part.
(b) Limit the liability of a person who is liable under
section 20126.
(8)
Any request for approval of a plan shall be granted or
denied
within 6 months of submittal of the information necessary or
required
for the department to make its decision. If the department
does
not approve the plan, the reasons for the denial shall be
provided
by the department in writing with a complete and specific
statement
of the conditions or requirements necessary to obtain
approval.
The department may not add additional items to this
statement
after it has been issued. Failure of the department to
act
within the specified time period shall result in the request
being
considered approved. The time frame for decision may be
extended
by the mutual consent of the department and the person
submitting
the plan.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 95th Legislature are
enacted into law:
(a) Senate Bill No. 437 or House Bill No. 4903.
(b) Senate Bill No. 1345.
(c) Senate Bill No. 1346.
(d) Senate Bill No. 1349.
(e) Senate Bill No. 1348.
