June 29, 2005, Introduced by Reps. Lemmons, III and Lemmons, Jr. and referred to the Committee on Natural Resources, Great Lakes, Land Use, and Environment.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 20114 (MCL 324.20114), as amended by 1995 PA
71.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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 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. CFR
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.
(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 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.
(h) Upon written request by the department, take the following
actions:
(i) Provide a plan for and undertake interim response
activities.
(ii) Provide a plan for and undertake evaluation activities.
(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.
(iv) Submit to the department for approval a remedial action
plan that, when implemented, will achieve the cleanup criteria
specified in this part and the rules promulgated under this part.
(v) Implement an approved remedial action plan in accordance
with a schedule approved by the department pursuant to this part.
(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 that requires prior department approval. Any such
action
shall does not relieve any person of liability for further
response activity as may be required by the department.
(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
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.
(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 However, failure of
the
department to act within the specified time period shall does
not 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.