SB-0533, As Passed Senate, January 24, 2012

SUBSTITUTE FOR

SENATE BILL NO. 533

     A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending sections 21326 and 21327 (MCL 324.21326 and 324.21327).

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 21326. (1) Upon request of the department for the purpose

of developing or assisting in the development of a rule, conducting

an investigation, taking corrective action, or enforcing this part,

the owner or operator shall furnish the department with all

available information about all of the following:

     (a) The underground storage tank system and its associated

equipment.

     (b) The past or present contents of the underground storage

tank system.

     (c) Any releases and investigations of releases.

     (2) The department has the right to enter at all reasonable

times in or upon any private or public property for any of the

following purposes:

     (a) Inspecting an underground storage tank system.

     (b) Obtaining samples of any substance from an underground

storage tank system.

     (c) Requiring and supervising the conduct of monitoring or

testing of an underground storage tank system, its associated

equipment, or contents.

     (d) Conducting monitoring or testing of an underground storage

tank system in cases where there is no identified responsible

party.

     (e) Conducting monitoring or testing, or taking samples of

soils, air, surface water, or groundwater.

     (f) Taking corrective action.

     (g) Inspecting and copying any records related to an

underground storage tank system.

     (3) All inspections and investigations undertaken by the

department under this section shall be commenced and completed with

reasonable promptness.

     (4) The attorney general, on behalf of the department, may do

either of the following:

     (a) Petition a court of appropriate jurisdiction for a warrant

to authorize access to any private or public property to implement

this part.

     (b) Commence a civil action pursuant to section 21323 for an

order authorizing the department to enter any private or public

property as necessary to implement this part.

     Sec. 21327. The department may promulgate rules as necessary

to implement this part.

     (1) Beginning on the effective date of the amendatory act that

amended this section, the department shall not promulgate rules to

implement this part.

     (2) A guideline, bulletin, interpretive statement, operational

memorandum, or form with instructions published under this part

shall not be given the force and effect of law by the department

and is considered merely advisory. The department shall not rely

upon a guideline, bulletin, interpretive statement, operational

memorandum, or form with instructions to support the department's

decision to act or refuse to act. A court shall not rely upon a

guideline, bulletin, interpretive statement, operational

memorandum, or form with instructions to uphold the department's

decision to act or refusal to act.

     Enacting section 1. This amendatory act does not take effect

unless all of the following bills of the 96th Legislature are

enacted into law:

     (a) Senate Bill No. 528.

     (b) Senate Bill No. 529.

     (c) Senate Bill No. 530.

     (d) Senate Bill No. 531.

     (e) Senate Bill No. 532.