November 10, 2011, Introduced by Reps. Agema, Glardon, Bumstead, Genetski, Lori, Shirkey, MacMaster, Yonker and Kowall and referred to the Committee on Regulatory Reform.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 21302, 21304a, 21307, 21307a, 21308a, 21309a,
21310a, 21311a, 21312a, 21313a, 21314a, 21315, 21502, 21503, 21510,
21515, 21517, 21520, 21558, and 21559 (MCL 324.21302, 324.21304a,
324.21307, 324.21307a, 324.21308a, 324.21309a, 324.21310a,
324.21311a, 324.21312a, 324.21313a, 324.21314a, 324.21315,
324.21502, 324.21503, 324.21510, 324.21515, 324.21517, 324.21520,
324.21558, and 324.21559), sections 21302 and 21307 as amended and
sections 21307a and 21314a as added by 1995 PA 22, sections 21304a,
21308a, 21309a, 21310a, 21311a, 21312a, 21313a, and 21315 as
amended by 1996 PA 116, sections 21502 and 21503 as amended by 2006
PA 318, section 21510 as amended by 1995 PA 252, section 21515 as
amended by 1996 PA 181, section 21558 as added by 2006 PA 322, and
section 21559 as amended by 2008 PA 417; and to repeal acts and
parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 21302. As used in this part:
(a) "Biota" means the plant and animal life in an area
affected by a corrective action plan.
(b)
"Consultant" means a person on the list of qualified
underground
storage tank consultants prepared pursuant to section
21542.
(b) (c)
"Contamination" means the
presence of a regulated
substance in soil or groundwater.
(c) (d)
"Corrective action" means
the investigation,
assessment, cleanup, removal, containment, isolation, treatment, or
monitoring of regulated substances released into the environment,
or the taking of such other actions as may be necessary to prevent,
minimize, or mitigate injury to the public health, safety, or
welfare, the environment, or natural resources.
(d) (e)
"De minimis spill" means
a spill of petroleum as that
term is described in section 21303(d)(ii) that contaminates not more
than 20 cubic yards of soil per underground storage tank or 50
cubic yards of soil per location, in which groundwater has not been
affected
by the spill. , and which is abated pursuant to section
21306.
(e) "Department" means the department of environmental
quality.
(f) "Free product" means a regulated substance in a liquid
phase equal to or greater than 1/8 inch of measurable thickness,
that is not dissolved in water, and that has been released into the
environment.
(g) "Groundwater" means water below the land surface in the
zone of saturation.
(h) "Heating oil" means petroleum that is no. 1, no. 2, no. 4-
light, no. 4-heavy, no. 5-light, no. 5-heavy, and no. 6 technical
grades of fuel oil; other residual fuel oils including navy special
fuel oil and bunker c; and other fuels when used as substitutes for
1 of these fuel oils. Heating oil is typically used in the
operation of heating equipment, boilers, or furnaces.
(i) "Local unit of government" means a city, village,
township, county, fire department, or local health department as
defined
in section 1105 of the public health code, Act No. 368 of
the
Public Acts of 1978, being section 333.1105 of the Michigan
Compiled
Laws.1978 PA 368, MCL
333.1105.
Sec. 21304a. (1) Corrective action activities undertaken
pursuant to this part shall be conducted in accordance with the
process outlined in RBCA in a manner that is protective of the
public health, safety, and welfare, and the environment.
(2) Subject to subsections (3) and (4), the department shall
establish cleanup criteria for corrective action activities
undertaken under this part using the process outlined in RBCA. The
department shall utilize only reasonable and relevant exposure
assumptions and pathways in determining the cleanup criteria.
(3) If a regulated substance poses a carcinogenic risk to
humans, the cleanup criteria derived for cancer risk shall be the
95% upper bound on the calculated risk of 1 additional cancer above
the background cancer rate per 100,000 individuals using the
exposure assumptions and pathways established by the department and
the process in RBCA. If a regulated substance poses a risk of both
cancer and an adverse health effect other than cancer, cleanup
criteria shall be derived for cancer and each adverse health
effect.
(4) If a cleanup criterion for groundwater differs from either
(a) the state drinking water standard established pursuant to
section
5 of the safe drinking water act, Act No. 399 of the Public
Acts
of 1976, being section 325.1005 of the Michigan Compiled Laws,
1976 PA 399, MCL 325.1005, or (b) criteria for adverse aesthetic
characteristics derived pursuant to R 299.5709 of the Michigan
administrative code, the cleanup criterion shall be the more
stringent
of (a) or (b) unless a consultant retained by the owner
or operator determines that compliance with (a) or (b) is not
necessary because the use of the groundwater is reliably restricted
pursuant to section 21310a.
(5) Notwithstanding any other provision of this part, if a
release or threat of release at a site is not solely the result of
a release or threat of release from an underground storage tank
system, the owner or operator of the underground storage tank
system may choose to perform response activities pursuant to part
201 in lieu of corrective actions pursuant to this part.
Sec. 21307. (1) Upon confirmation of a release from an
underground storage tank system, the owner or operator shall report
the release and whether free product has been discovered to the
department within 24 hours after discovery. The department may
investigate the release. However, an investigation by the
department does not relieve the owner or operator from any
responsibilities related to the release provided for in this part.
(2) After a release has been reported under subsection (1),
the
owner or operator or a consultant retained by the owner or
operator
shall immediately begin and
expeditiously perform all of
the following initial response actions:
(a) Identify and mitigate fire, explosion, and vapor hazards.
(b) Take action to prevent further release of the regulated
substance into the environment including removing the regulated
substance from the underground storage tank system that is causing
the release.
(c) Identify and recover free product. If free product is
identified, do all of the following:
(i) Conduct free product removal in a manner that minimizes the
spread of contamination into previously uncontaminated zones by
using recovery and disposal techniques appropriate to the
conditions at the site and in a manner that properly treats,
discharges, or disposes of recovery by-products as required by law.
(ii) Use abatement of free product migration as a minimum
objective for the design of the free product removal system.
(iii) Handle any flammable products in a safe and competent
manner to prevent fires or explosions.
(iv) If a discharge is necessary in conducting free product
removal, obtain all necessary permits or authorization as required
by law.
(d) Excavate and contain, treat, or dispose of soils above the
water table that are visibly contaminated with a regulated
substance if the contamination is likely to cause a fire hazard or
spread and increase the cost of corrective action.
(e) Take any other action necessary to abate an immediate
threat to public health, safety, or welfare, or the environment.
(f) If free product is discovered after the release was
reported under subsection (1), report the free product discovery to
the department within 24 hours of its discovery.
(3) Immediately following initiation of initial response
actions
under this section, the consultant retained by the owner or
operator shall do all of the following:
(a) Visually inspect the areas of any aboveground releases or
exposed areas of belowground releases and prevent further migration
of the released substance into surrounding soils, groundwater, and
surface water.
(b) Continue to monitor and mitigate any additional fire and
safety hazards posed by vapors or free product that have migrated
from the underground storage tank system excavation zone and
entered into subsurface structures.
(c) If free product is discovered at any time at a location
not previously identified under subsection (2)(c), report the
discovery within 24 hours to the department and initiate free
product recovery in compliance with subsection (2)(c).
Sec. 21307a. (1) Following initiation of initial response
actions
under section 21307, a consultant retained by the owner or
operator shall complete the requirements of this part and submit
related reports or executive summaries detailed in this part to
address the contamination at the site. At any time that sufficient
corrective
action has been undertaken to address contamination, a
consultant
retained by the owner or operator
shall complete and
submit a site closure report pursuant to section 21312a and omit
the remaining interim steps.
(2) In addition to the reporting requirements specified in
this
part, a consultant retained by the owner or operator shall
provide 48-hour notification to the department prior to initiating
any of the following activities:
(a) Soil excavation.
(b) Well drilling, including monitoring well installation.
(c) Sampling of soil or groundwater.
(d) Construction of treatment systems.
Sec. 21308a. (1) Within 90 days after a release has been
discovered,
a consultant retained by the owner or operator shall
complete an initial assessment report and submit the report to the
department on a form created pursuant to section 21316. The report
shall include, but is not limited to, the following information:
(a) Results of initial response actions taken under section
21307(2).
(b) Site information and site characterization results. The
following items shall be included as appropriate given the site
conditions:
(i) The facility address.
(ii) The name of the facility.
(iii) The name, address, and telephone number of facility
compliance contact person.
(iv) The time and date of release discovery.
(v) The time and date the release was reported to the
department.
(vi) A site map that includes all of the following:
(A) The location of each underground storage tank in the
leaking underground storage tank system.
(B) The location of any other underground storage tank system
on the site.
(C) The location of fill ports, dispensers, and other
pertinent system components.
(D) Soil and groundwater sample locations, if applicable.
(E) The locations of nearby buildings, roadways, paved areas,
or other structures.
(vii) A description of how the release was discovered.
(viii) A list of regulated substances the underground storage
tank system contained when the release occurred.
(ix) A list of the regulated substances the underground storage
tank system contained in the past other than those listed in
subparagraph (viii).
(x) The location of nearby surface waters and wetlands.
(xi) The location of nearby underground sewers and utility
lines.
(xii) The component of the underground storage tank system from
which the release occurred (e.g., piping, underground storage tank,
overfill).
(xiii) Whether the underground storage tank system was emptied
to prevent further release.
(xiv) A description of what other steps were taken to prevent
further migration of the regulated substance into the soil or
groundwater.
(xv) Whether vapors or free product was found and what steps
were taken to abate those conditions and the current levels of
vapors or free product in nearby structures.
(xvi) The extent to which all or part of the underground
storage tank system or soil, or both, was removed.
(xvii) Data from analytical testing of soil and groundwater
samples.
(xviii) A description of the free product investigation and
removal if free product was present, including all of the
following:
(A) A description of the actions taken to remove any free
product.
(B) The name of the person or persons responsible for
implementing the free product removal measures.
(C) The estimated quantity, type, and thickness of free
product observed or measured in wells, boreholes, and excavations.
(D) The type of free product recovery system used.
(E) Whether any discharge will take place on site or off site
during the recovery operation and where this discharge will be
located.
(F) The type of treatment applied to, and the effluent quality
expected from, any discharge.
(G) The steps that have been or are being taken to obtain
necessary permits for any discharge.
(H) The quantity and disposition of the recovered free
product.
(xix) Identification of any other contamination on the site not
resulting from the release and the source, if known.
(xx) An estimate of the horizontal and vertical extent of on-
site and off-site soil contamination.
(xxi) The depth to groundwater.
(xxii) An identification of potential migration and exposure
pathways and receptors.
(xxiii) An estimate of the amount of soil in the vadose zone
that is contaminated.
(xxiv) If the on-site assessment indicates that off-site soil
or groundwater may be affected, report the steps that have been
taken or will be taken including an implementation schedule to
expeditiously secure access to off-site properties to complete the
delineation of the extent of the release.
(xxv) Groundwater flow rate and direction.
(xxvi) Laboratory analytical data collected.
(xxvii) The vertical distribution of contaminants.
(c) Site classification under section 21314a.
(d) Tier I or tier II evaluation according to the RBCA
process.
(e) A work plan, including an implementation schedule for
conducting a final assessment report under section 21311a, to
determine the vertical and horizontal extent of the contamination
as necessary for preparation of the corrective action plan.
(2) If free product is discovered at a site after the
submittal of an initial assessment report pursuant to subsection
(1),
the owner or operator , or consultant retained by the owner or
operator,
shall do both of the following:
(a) Perform initial response actions identified in section
21307(2)(c)(i) to (iv).
(b) Submit to the department an amendment to the initial
assessment report within 30 days of discovery of the free product
that describes response actions taken as a result of the free
product discovery.
Sec. 21309a. (1) If initial response actions under section
21307
have not resulted in completion of corrective action, a
consultant
retained by an the owner or operator shall prepare a
corrective action plan to address contamination at the site. For
corrective action plans submitted as part of a final assessment
report pursuant to section 21311a after October 1, 1995, the
corrective action plan shall use the process described in RBCA.
(2) A corrective action plan shall include all of the
following:
(a) A description of the corrective action to be implemented,
including an explanation of how that action will meet the
requirements of the RBCA process. The corrective action plan shall
also include an analysis of the selection of indicator parameters
to be used in evaluating the implementation of the corrective
action plan, if indicator parameters are to be used. The corrective
action plan shall include a description of ambient air quality
monitoring activities to be undertaken during the corrective action
if such activities are appropriate.
(b) An operation and maintenance plan if any element of the
corrective action requires operation and maintenance. The operation
and maintenance plan shall include all of the following:
(i) Name, telephone number, and address of the person who is
responsible for operation and maintenance.
(ii) Operation and maintenance schedule.
(iii) Written and pictorial plan of operation and maintenance.
(iv) Design and construction plans.
(v) Equipment diagrams, specifications, and manufacturers'
guidelines.
(vi) Safety plan.
(vii) Emergency plan, including emergency contact telephone
numbers.
(viii) A list of spare parts available for emergency repairs.
(ix) Other information required by the department to determine
the adequacy of the operation and maintenance plan. Department
requests for information pursuant to this subparagraph shall be
limited to factors not adequately addressed by information required
by subparagraphs (i) through (viii) and shall be accompanied by an
explanation of the need for the additional information.
(c) A monitoring plan if monitoring of environmental media or
site activities or both is required to confirm the effectiveness
and integrity of the remedy. The monitoring plan shall include all
of the following:
(i) Location of monitoring points.
(ii) Environmental media to be monitored, including, but not
limited to, soil, air, water, or biota.
(iii) Monitoring schedule.
(iv) Monitoring methodology, including sample collection
procedures.
(v) Substances to be monitored, including an explanation of
the selection of any indicator parameters to be used.
(vi) Laboratory methodology, including the name of the
laboratory responsible for analysis of monitoring samples, method
detection limits, and practical quantitation levels. Raw data used
to determine method detection limits shall be made available to the
department on request.
(vii) Quality control/quality assurance plan.
(viii) Data presentation and evaluation plan.
(ix) Contingency plan to address ineffective monitoring.
(x) Operation and maintenance plan for monitoring.
(xi) How the monitoring data will be used to demonstrate
effectiveness of corrective action activities.
(xii) Other elements required by the department to determine
the adequacy of the monitoring plan. Department requests for
information pursuant to this subparagraph shall be limited to
factors not adequately addressed by information required under
subparagraphs (i) through (xi) and shall be accompanied by an
explanation of the need for the additional information.
(d) An explanation of any land use or resource use
restrictions, if the restrictions are required pursuant to section
21310a.
(e) A schedule for implementation of the corrective action.
(f) A financial assurance mechanism, as provided for in R
29.2161 to R 29.2169 of the Michigan administrative code, in an
amount approved by the department, to pay for monitoring, operation
and maintenance, oversight, and other costs if required by the
department as necessary to assure the effectiveness and integrity
of the corrective action.
(g) If provisions for operation and maintenance, monitoring,
or financial assurance are included in the corrective action plan,
and those provisions are not complied with, the corrective action
plan is void from the time of lapse or violation unless the lapse
or violation is corrected to the satisfaction of the department.
(3) If a corrective action plan prepared under this section
does not result in an unrestricted use of the property for any
purpose,
the owner or operator or a consultant retained by the
owner
or operator shall provide notice to
the public by means
designed to reach those members of the public directly impacted by
the release and the proposed corrective action. The notice shall
include the name, address, and telephone number of a contact
person. A copy of the notice and proof of providing the notice
shall be submitted to the department. The department shall ensure
that site release information and corrective action plans that do
not result in an unrestricted use of property are made available to
the public for inspection upon request.
Sec. 21310a. (1) If the corrective action activities at a site
result in a final remedy that relies on tier I commercial or
industrial criteria, institutional controls shall be implemented as
provided in this subsection. A notice of corrective action shall be
recorded with the register of deeds for the county in which the
site is located prior to submittal of a closure report under
section 21312a. A notice shall be filed under this subsection only
by the property owner or with the express written permission of the
property owner. The form and content of the notice shall be subject
to approval by the department. A notice of corrective action
recorded under this subsection shall state the land use that was
the
basis of the corrective action selected by a consultant
retained
by the owner or operator. The
notice shall state that if
there is a proposed change in the land use at any time in the
future, that change may necessitate further evaluation of potential
risks to the public health, safety, and welfare and to the
environment and that the department shall be contacted regarding
any proposed change in the land use. Additional requirements for
financial assurance, monitoring, or operation and maintenance shall
not apply if contamination levels do not exceed the levels
established in the tier I evaluation.
(2) If corrective action activities at a site rely on
institutional controls other than as provided in subsection (1),
the institutional controls shall be implemented as provided in this
subsection. The restrictive covenant shall be recorded with the
register of deeds for the county in which the property is located
within 30 days from submittal of the final assessment report
pursuant to section 21311a, unless otherwise agreed to by the
department. The restrictive covenant shall be filed only by the
property owner or with the express written permission of the
property owner. The restrictions shall run with the land and be
binding on the owner's successors, assigns, and lessees. The
restrictions shall apply until the department determines that
regulated substances no longer present an unacceptable risk to the
public health, safety, or welfare or to the environment. The
restrictive covenant shall include a survey and property
description which define the areas addressed by the corrective
action plan and the scope of any land use or resource use
limitations. The form and content of the restrictive covenant are
subject to approval by the department and shall include provisions
to accomplish all of the following:
(a) Restrict activities at the site that may interfere with
corrective action, operation and maintenance, monitoring, or other
measures necessary to assure the effectiveness and integrity of the
corrective action.
(b) Restrict activities that may result in exposure to
regulated substances above levels established in the corrective
action plan.
(c) Prevent a conveyance of title, an easement, or other
interest in the property from being consummated by the property
owner without adequate and complete provision for compliance with
the corrective action plan and prevention of exposure to regulated
substances described in subdivision (b).
(d) Grant to the department and its designated representatives
the right to enter the property at reasonable times for the purpose
of determining and monitoring compliance with the corrective action
plan, including but not limited to the right to take samples,
inspect the operation of the corrective action measures, and
inspect records.
(e) Allow the state to enforce restrictions set forth in the
covenant by legal action in a court of appropriate jurisdiction.
(f) Describe generally the uses of the property that are
consistent with the corrective action plan.
(3)
If a consultant retained by the owner or operator
determines that exposure to regulated substances may be reliably
restricted by a means other than a restrictive covenant and that
imposition of land use or resource use restrictions through
restrictive
covenants is impractical, the consultant owner or
operator may select a corrective action plan that relies on
alternative mechanisms. Mechanisms that may be considered under
this subsection include, but are not limited to, an ordinance that
prohibits the use of groundwater in a manner and to a degree that
protects against unacceptable exposure to a regulated substance as
defined by the cleanup criteria identified in the corrective action
plan. An ordinance that serves as an exposure control under this
subsection shall include both of the following:
(a) A requirement that the local unit of government notify the
department
30 days before adopting a modification an amendment to
the ordinance or the lapsing or revocation of the ordinance.
(b) A requirement that the ordinance be filed with the
register of deeds as an ordinance affecting multiple properties.
(4) Notwithstanding subsections (1), (2), and (3), if a
mechanism other than a notice of corrective action, an ordinance,
or
a restrictive covenant is requested by a consultant retained by
an owner or operator and the department determines that the
alternative mechanism is appropriate, the department may approve of
the alternate mechanism.
(5) A person who implements corrective action activities shall
provide notice of the land use restrictions that are part of the
corrective action plan to the local unit of government in which the
site is located within 30 days of submittal of the corrective
action plan, unless otherwise approved by the department.
Sec. 21311a. (1) Within 365 days after a release has been
discovered,
a consultant retained by an the
owner or operator shall
complete a final assessment report that includes a corrective
action plan developed under section 21309a and submit the report to
the department on a form created pursuant to section 21316. The
report shall include, but is not limited to, the following
information:
(a) The extent of contamination.
(b) Tier II and tier III evaluation, as appropriate, under the
RBCA process.
(c) A feasibility analysis. The following shall be included,
as appropriate, given the site conditions:
(i) On-site and off-site corrective action alternatives to
remediate contaminated soil and groundwater for each cleanup type,
including alternatives that permanently and significantly reduce
the volume, toxicity, and mobility of the regulated substances.
(ii) The costs associated with each corrective action
alternative including alternatives that permanently and
significantly reduce the volume, toxicity, and mobility of the
regulated substances.
(iii) The effectiveness and feasibility of each corrective
action alternative in meeting cleanup criteria.
(iv) The time necessary to implement and complete each
corrective action alternative.
(v) The preferred corrective action alternative based upon
subparagraphs (i) through (iv) and an implementation schedule for
completion of the corrective action.
(d) A corrective action plan.
(e) A schedule for corrective action plan implementation.
(2) If the preferred corrective action alternative under
subsection (1)(c)(v) is based on the use of institutional controls
regarding off-site migration of regulated substances, the
corrective action plan shall not be implemented until it is
reviewed and determined by the department to be in compliance with
this part.
Sec. 21312a. (1) Within 30 days following completion of the
corrective
action, a consultant retained by the owner or operator
shall complete a closure report and submit the report to the
department on a form created pursuant to section 21316. The report
shall include, but is not limited to, the following information:
(a) A summary of corrective action activities.
(b) Closure verification sampling results.
(c)
A closure certification prepared by the consultant
retained
by the owner or operator.
(2) Within 60 days after receipt of a closure report under
subsection
(1), the department shall provide the consultant owner
or operator who submitted the closure report with a confirmation of
the department's receipt of the report.
Sec.
21313a. (1) Beginning on the effective date of the
amendatory
act that added subsection (7), except Except as provided
in
subsection (7) (6), and except for the confirmation provided in
section 21312a(2), if a report is not completed or a required
submittal under section 21308a, 21311a, or 21312a(1) is not
provided during the time required, the department may impose a
penalty according to the following schedule:
(a) Not more than $100.00 per day for the first 7 days that
the report is late.
(b) Not more than $500.00 per day for days 8 through 14 that
the report is late.
(c) Not more than $1,000.00 per day for each day beyond day 14
that the report is late.
(2) For purposes of this section, in computing a period of
time, the day of the act, event, or default, after which the
designated period of time begins to run is not included. The last
day of the period is included, unless it is a Saturday, Sunday,
legal holiday, or holiday, in which event the period runs until the
end of the next day that is not a Saturday, Sunday, legal holiday,
or holiday.
(3) The department may, upon request, grant an extension to a
reporting deadline provided in this part for good cause upon
written request 15 days prior to the deadline.
(4)
The owner or operator may by contract transfer the
responsibility
for paying fines under this section to a consultant
retained
by the owner or operator.
(5)
The department shall forward all money collected pursuant
to
this section to the state treasurer for deposit in the emergency
response
fund created in section 21507.
(4) (6)
An appeal of a penalty imposed
under this section may
be taken pursuant to section 631 of the revised judicature act of
1961,
Act No. 236 of the Public Acts of 1961, being section 600.631
of
the Michigan Compiled Laws.1961
PA 236, MCL 600.631.
(5) (7)
A penalty shall not begin to accrue
under this section
unless the department has first notified the person on whom the
penalty is imposed that he or she is subject to the penalties
provided in this section.
Sec. 21314a. The department shall establish and implement a
classification system for sites considering impacts on public
health, safety, and welfare, and the environment. Notwithstanding
any other provision in this part, at sites posing an imminent risk
to the public health, safety, or welfare, or the environment,
corrective action shall be implemented immediately. If the
department determines that no imminent risk to the public health,
safety, or welfare, or the environment exists at a site, the
department may allow corrective action at these sites to be
conducted on a schedule approved by the department. This provision
shall not be used by the department to limit the ability of a owner
,
or operator or a consultant to submit a claim to
the Michigan
underground storage tank financial assurance fund, or delay payment
on
a valid claim to an owner , or
operator. or consultant.
Sec. 21315. (1) The department shall design and implement a
program to selectively audit or oversee all aspects of corrective
actions undertaken under this part to assure compliance with this
part. The department may audit a site at any time prior to receipt
of a closure report pursuant to section 21312a and within 6 months
after receipt of the closure report.
(2) If the department conducts an audit under this section and
the audit confirms that the cleanup criteria have been met, the
department shall provide the owner or operator with a letter that
describes the audit and its results. Notwithstanding section
21312a, after conducting an audit under this section, the
department may issue a closure letter for any site that meets the
cleanup criteria pursuant to section 21304a.
(3) If an audit conducted under this section does not confirm
that corrective action has been conducted in compliance with this
part or that cleanup criteria have been met, the department may
require an owner or operator to do either or both of the following:
(a) Provide additional information related to any requirement
of this part.
(b)
Retain a consultant to take Take
additional corrective
actions necessary to comply with this part or to protect public
health, safety, or welfare, or the environment.
Sec. 21502. As used in this part:
(a) "Administrator" means the fund administrator provided for
in section 21513.
(b)
"Advisory board" means the temporary reimbursement program
advisory
board established under section 21562.
(b) (c)
"Approved claim" means a
claim that is approved
pursuant to section 21515.
(c) (d)
"Authority" means the
Michigan underground storage
tank financial assurance authority created in section 21523.
(e)
"Board" means the Michigan underground storage tank
financial
assurance policy board created in section 21541.
(d) (f)
"Board of directors"
means the board of directors of
the authority.
(e) (g)
"Bond proceeds account"
means the account or fund to
which proceeds of bonds or notes issued under this part have been
credited.
(f) (h)
"Bonds or notes" means
the bonds, notes, commercial
paper, other obligations of indebtedness, or any combination of
these, issued by the authority pursuant to this part.
(g) (i)
"Claim" means the
submission by the owner or operator
or his or her representative of documentation on an application
requesting payment from the fund. A claim shall include, at a
minimum, a completed and signed claim form and the name, address,
telephone
number, and federal tax identification number of the
consultant
retained by the owner or operator. to
carry out
responsibilities
pursuant to part 213.
(h) (j)
"Class 1 site" means a
site posing the highest degree
of threat to the public and environment as determined by the
department, based on the classification system developed by the
department pursuant to section 21314a.
(i) (k)
"Class 2 site" means a
site posing the second highest
degree of threat to the public and environment as determined by the
department, based on the classification system developed by the
department pursuant to section 21314a.
(l) "Consultant" means a person on the list
of qualified
underground
storage tank consultants prepared pursuant to section
21542.
(j) (m)
"Co-pay amount" means the
co-pay amount provided for
in section 21514.
(k) (n)
"Corrective action" means
the investigation,
assessment, cleanup, removal, containment, isolation, treatment, or
monitoring of regulated substances released into the environment or
the taking of such other actions as may be necessary to prevent,
minimize, or mitigate injury to the public health, safety, or
welfare, the environment, or natural resources.
(l) (o)
"Department" means the
department of environmental
quality.
(m) (p)
"Eligible person" means
an owner or operator who meets
the eligibility requirements in section 21556 or 21557 and received
approval of his or her precertification application by the
department.
(n) (q)
"Financial responsibility
requirements" means the
financial responsibility for taking corrective action and for
compensating third parties for bodily injury and property damage
caused by a release from an underground storage tank system that
the owner or operator of an underground storage tank system must
demonstrate under part 211 and the rules promulgated under that
part.
(o) (r)
"Fund" means the Michigan
underground storage tank
financial assurance fund created in section 21506.
(p) (s)
"Heating oil" means
petroleum that is No. 1, No. 2,
No. 4—light, No. 4—heavy, No. 5—light, No. 5—heavy, and No. 6
technical grades of fuel oil; other residual fuel oils including
navy special fuel oil and bunker C; and other fuels when used as
substitutes for 1 of these fuel oils.
(q) (t)
"Indemnification" means
indemnification of an owner or
operator for a legally enforceable judgment entered against the
owner or operator by a third party, or a legally enforceable
settlement entered between the owner or operator and a third party,
compensating that third party for bodily injury or property damage,
or both, caused by an accidental release as those terms are defined
in R 29.2163 of the Michigan administrative code.
(r) (u)
"Location" means a
facility or parcel of property
where petroleum underground storage tank systems are registered
pursuant to part 211.
(s) (v)
"Operator" means a person
who was, at the time of
discovery of a release, in control of or responsible for the
operation of a petroleum underground storage tank system or a
person to whom an approved claim has been assigned or transferred.
(t) (w)
"Owner" means a person,
other than a regulated
financial institution, who, at the time of discovery of a release,
held a legal, equitable, or possessory interest of any kind in an
underground storage tank system or in the property on which an
underground storage tank system is located, including, but not
limited to, a trust, vendor, vendee, lessor, or lessee. Owner
includes a person to whom an approved claim is assigned or
transferred. Owner does not include a person or a regulated
financial institution who, without participating in the management
of an underground storage tank system and without being otherwise
engaged in petroleum production, refining, or marketing relating to
the underground storage tank system, is acting in a fiduciary
capacity or who holds indicia of ownership primarily to protect the
person's or the regulated financial institution's security interest
in the underground storage tank system or the property on which it
is located. This exclusion does not apply to a grantor,
beneficiary, remainderman, or other person who could directly or
indirectly benefit financially from the exclusion other than by the
receipt of payment for fees and expenses related to the
administration of a trust.
(u) (x)
"Oxygenate" means an
organic compound containing
oxygen and having properties as a fuel that are compatible with
petroleum, including, but not limited to, ethanol, methanol, or
methyl tertiary butyl ether (MTBE).
Sec. 21503. As used in this part:
(a) "Payment voucher" means a form prepared by the department
that specifies payment authorization by the department to the
department of treasury.
(b) "Petroleum" means crude oil, crude oil fractions, and
refined petroleum fractions including gasoline, kerosene, heating
oils, and diesel fuels.
(c) "Petroleum underground storage tank system" means an
underground storage tank system used for the storage of petroleum.
(d) "Precertification application" means the application
submitted by an owner or operator seeking the department's
eligibility determination for reimbursement for the costs of
corrective action from the temporary reimbursement program.
(e) "Refined petroleum" means aviation gasoline, middle
distillates, jet fuel, kerosene, gasoline, residual oils, and any
oxygenates that have been blended with any of these.
(f) "Refined petroleum fund" means the refined petroleum fund
established under section 21506a.
(g) "Refined petroleum product cleanup initial program" means
the program established in section 21553.
(h) "Refined petroleum product cleanup program" means the
refined petroleum product cleanup initial program and the program
based upon the recommendations of the former petroleum cleanup
advisory council under former section 21552(10).
(i) "Regulated financial institution" means a state or
nationally chartered bank, savings and loan association or savings
bank, credit union, or other state or federally chartered lending
institution or a regulated affiliate or regulated subsidiary of any
of these entities.
(j) "Regulatory fee" means the environmental protection
regulatory fee imposed under section 21508.
(k) "Release" means any spilling, leaking, emitting,
discharging, escaping, or leaching from a petroleum underground
storage tank system into groundwater, surface water, or subsurface
soils.
(l) "Site" means a location where a release has occurred or a
threat of a release exists from an underground storage tank system,
excluding any location where corrective action was completed which
satisfies the cleanup criteria for unrestricted residential use
under part 213.
(m) "Temporary reimbursement program" means the program
established in section 21554.
(n) "Underground storage tank system" means an existing tank
or combination of tanks, including underground pipes connected to
the tank or tanks, which is or was used to contain an accumulation
of regulated substances, and is not currently being used for any
other purpose, and the volume of which, including the volume of the
underground pipes connected to the tank or tanks, is 10% or more
beneath the surface of the ground. An underground storage tank
system includes an underground storage tank that is properly closed
in place pursuant to part 211 and rules promulgated under that
part. An underground storage tank system does not include any of
the following:
(i) A farm or residential tank of 1,100 gallons or less
capacity used for storing motor fuel for noncommercial purposes.
(ii) A tank used for storing heating oil for consumptive use on
the premises where the tank is located.
(iii) A septic tank.
(iv) A pipeline facility, including gathering lines regulated
under either of the following:
(A) The natural gas pipeline safety act of 1968, Public Law
90-481, 49 USC Appx 1671 to 1677, 1679a to 1682, and 1683 to 1687.
(B) Sections 201 to 215, 217, and 219 of the hazardous liquid
pipeline safety act of 1979, title II of the pipeline safety act of
1979, Public Law 96-129, 49 USC Appx 2001 to 2015.
(v) A surface impoundment, pit, pond, or lagoon.
(vi) A storm water or wastewater collection system.
(vii) A flow-through process tank.
(viii) A liquid trap or associated gathering lines directly
related to oil or gas production and gathering operations.
(ix) A storage tank situated in an underground area such as a
basement, cellar, mineworking, drift, shaft, or tunnel if the
storage tank is situated upon or above the surface of the floor.
(x) Any pipes connected to a tank described in subparagraphs
(i) to (ix).
(xi) An underground storage tank system holding hazardous
wastes listed or identified under subtitle C of the solid waste
disposal act, title II of Public Law 89-272, 42 USC 6921 to 6939e,
or a mixture of such hazardous waste and other regulated
substances.
(xii) A wastewater treatment tank system that is part of a
wastewater treatment facility regulated under section 307(b) of
title III or section 402 of title IV of the federal water pollution
control act, 33 USC 1317 and 1342.
(xiii) Equipment or machinery that contains regulated substances
for operational purposes such as hydraulic lift tanks and
electrical equipment tanks.
(xiv) An underground storage tank system with a capacity of 110
gallons or less.
(xv) An underground storage tank system that contains a de
minimis concentration of regulated substances.
(xvi) An emergency spill or overflow containment underground
storage tank system that is expeditiously emptied after use.
(xvii) A wastewater treatment tank system.
(xviii) An underground storage tank system containing
radioactive material that is regulated under the atomic energy act
of 1954, chapter 1073, 68 Stat. 919.
(xix) An underground storage tank system that is part of an
emergency generator system at nuclear power generation facilities
regulated by the nuclear regulatory commission under 10 CFR part
50, appendix A to part 50 of title 10 of the code of federal
regulations.
(xx) Airport hydrant fuel distribution systems.
(xxi) Underground storage tank systems with field-constructed
tanks.
(o) "Work invoice" means an original billing acceptable to the
administrator
and signed by the owner or operator and a consultant
that includes all of the following:
(i) The name, address, and federal tax identification number of
each contractor who performed work.
(ii) The name and social security number of each employee who
performed work.
(iii) A specific itemized list of the work performed by each
contractor and an itemized list of the cost of each of these items.
(iv) A statement that the consultant owner or operator employed
a documented sealed competitive bidding process for any contract
award exceeding $5,000.00.
(v) If the consultant owner or operator did not accept the
lowest responsive bid received, a specific reason why the lowest
responsive bid was not accepted.
(vi) Upon request of the administrator, a list of all bids
received.
(vii) Proof of payment of the co-pay amount as required under
section 21514.
Sec. 21510. (1) Except as provided in section 21521, an owner
or operator is eligible to receive money from the fund or bond
proceeds account for corrective action or indemnification only if
all of the following requirements are satisfied and the owner or
operator otherwise complies with this part:
(a) The release from which the corrective action or
indemnification arose was discovered and reported on or after July
18, 1989.
(b) The petroleum underground storage tank from which the
release occurred was, at the time of discovery of the release, and
is presently, in compliance with the registration and fee
requirements of part 211 and the rules promulgated under that part.
(c)
The owner or operator or a consultant retained by the
owner
or operator reported the release
within 24 hours after its
discovery as required by part 211 and the rules promulgated under
that part.
(d) The owner or operator is not the United States government.
(e) The work invoice or request for indemnification is
submitted to the administrator pursuant to this part and the rules
promulgated under this part on or before 5 p.m., June 29, 1995.
(f) The claim is not for a release from an underground storage
tank closed prior to January 1, 1974, in compliance with the fire
prevention
code, Act No. 207 of the Public Acts of 1941, being
sections
29.1 to 29.33 of the Michigan Compiled Laws, 1941 PA 207,
MCL 29.1 to 29.33, and the rules promulgated under that act.
(2) The owner or operator may receive money from the fund or
bond proceeds account for corrective action or indemnification due
to a release that originates from an aboveground piping and
dispensing portion of a petroleum underground storage tank system
if all of the following requirements are satisfied:
(a) The owner or operator is otherwise in compliance with this
part and the rules promulgated under this part.
(b) The release is sudden and immediate.
(c) The release is of a quantity exceeding 25 gallons and is
released into groundwater, surface water, or soils.
(d) The release is reported to the department of natural
resources, underground storage tank division within 24 hours of
discovery of the release.
(3) Either the owner or the operator may receive money from
the fund or bond proceeds account under this part for an
occurrence, but not both.
(4) An owner or operator who is a public utility with more
than 500,000 customers in this state is ineligible to receive money
from the fund or bond proceeds account for corrective action or
indemnification associated with a release from a petroleum
underground storage tank system used to supply petroleum for the
generation of steam electricity.
(5) If an owner or operator has received money from the fund
or bond proceeds account under this part for a release at a
location, the owner and operator are not eligible to receive money
from the fund or bond proceeds account for a subsequent release at
the same location unless the owner or operator has done either or
both of the following:
(a) Discovered the subsequent release pursuant to corrective
action being taken on a confirmed release and included this
subsequent release as part of the corrective action for the
confirmed release.
(b) Upgraded, replaced, removed, or properly closed in place
all underground storage tank systems at the location of the release
so as to meet the requirements of part 211 and the rules
promulgated under that part.
(6) An owner or operator who discovers a subsequent release at
the same location as an initial release pursuant to subsection
(5)(a) may receive money from the fund or bond proceeds account to
perform corrective action on the subsequent release, if the owner
or operator otherwise complies with the requirements of this part
and the rules promulgated under this part. However, the subsequent
release shall be considered as part of the claim for the initial
release for purposes of determining the total amount of
expenditures for corrective action and indemnification under
section 21512.
(7) An owner or operator who discovers a subsequent release at
the same location as an initial release following compliance with
subsection (5)(b) may receive money from the fund or bond proceeds
account to perform corrective action on the subsequent release, if
there have been not more than 2 releases at the location, if the
owner or operator pays the subsequent release co-pay amount
pursuant to section 21514, and if the owner or operator otherwise
complies with the requirements of this part and the rules
promulgated under this part. The subsequent release shall be
considered a separate claim for purposes of determining the total
amount of expenditures for corrective action and indemnification
under section 21512.
Sec. 21515. (1) To receive money from the fund or bond
proceeds
account for corrective action, the owner or operator ,
or
a
consultant retained by the owner or operator, shall follow the
procedures outlined in this section and shall submit reports, work
plans, feasibility analyses, hydrogeological studies, and
corrective action plans prepared under part 213 and rules
promulgated under that part to the department, and shall provide
other information required by the administrator relevant to
determining compliance with this part.
(2) To receive money from the fund for corrective action, an
owner or operator shall submit a claim to the administrator. An
owner or operator shall not submit a claim until work invoices in
excess of $5,000.00 of the costs of corrective action have been
incurred.
(3) Upon receipt of a completed claim pursuant to subsection
(2), the administrator shall make all of the following
determinations:
(a)
Whether the department of environmental quality,
underground
storage tank division has objected
to payment on the
claim because the work performed or proposed to be performed is not
consistent with the requirements of part 213 and rules promulgated
under that part.
(b) Whether the work performed is necessary and appropriate
considering conditions at the site of the release.
(c) Whether the cost of performing the work is reasonable.
(d) Whether the owner or operator is eligible to receive
funding under this part.
(e)
Whether the consultant retained by the owner or operator
has complied with section 21517.
(4) If the administrator fails to make the determinations
required under this section within 30 days after receipt of
certification
from the department of environmental quality,
underground
storage tank division that the
owner or operator has
met the requirements of section 21510(1)(b) and (c), the claim is
considered to be approved.
(5) If the administrator determines under subsection (3) that
the work invoices included with the claim are necessary and
appropriate considering conditions at the site of the release and
reasonable in terms of cost and the owner or operator is eligible
for funding under this part, the administrator shall approve the
claim and notify the owner or operator who submitted the claim of
the approval. If the administrator determines that the work
described on the work invoices submitted was not necessary or
appropriate or the cost of the work is not reasonable, or that the
owner or operator is not eligible for funding under this part, the
administrator shall deny the claim or any portion of the work
invoices submitted and give notice of the denial to the owner or
operator who submitted the claim.
(6) The owner or operator may submit additional work invoices
to the administrator after approval of a claim under subsection
(5). Within 45 days after receipt of a work invoice, the
administrator shall make the following determinations:
(a) Whether the work invoice complies with subsection (3).
(b) Whether the owner or operator is currently in compliance
with the registration and fee requirements of part 211 and the
rules promulgated under that part for the underground storage tank
system from which the release occurred.
(7) If the administrator determines that the work invoice does
not meet the requirements of subsection (6), he or she shall deny
the work invoice and give written notice of the denial to the owner
or operator who submitted the work invoice.
(8) The administrator shall keep records of approved work
invoices. If the owner or operator has not exceeded the allowable
amount of expenditure provided in section 21512, the administrator
shall forward payment vouchers to the state treasurer within 45
days of making the determinations under subsection (6).
(9) The administrator may approve a reimbursement for a work
invoice that was submitted by an owner or operator for corrective
action taken if the work invoice meets the requirements of this
part for an approved claim and an approved work invoice.
(10) Except as provided in subsection (11) or as otherwise
provided in this subsection, upon receipt of a payment voucher, the
state treasurer or the authority shall make a payment jointly to
the
owner or operator and the consultant within 30 days if
sufficient money exists in the fund or a bond proceeds account.
However,
the owner or operator may submit to the fund administrator
a
signed affidavit stating that the consultant listed on a work
invoice
has been paid in full. The affidavit shall list the work
invoice
and claim to which the affidavit applies, a statement that
the
owner or operator has mailed a copy of the affidavit by first-
class
mail to the consultant listed on the work invoice, and the
date
that the affidavit was mailed to the consultant. The
department
is not required to verify affidavits submitted under
this
subsection. If, within 14 days after the affidavit was mailed
to
the consultant under this subsection, the fund administrator has
not
received an objection in writing from the consultant listed on
the
work invoice, the state treasurer or the authority shall make
the
payment directly to the owner or operator. If a check has
already
been issued to the owner or operator and the consultant,
the
owner or operator may return the original check to the fund
administrator
along with the affidavit. If within 14 days after the
affidavit
was mailed to the consultant the fund administrator has
not
received an objection from the consultant listed on the check,
the
state treasurer or the authority shall reissue a check to the
owner
or operator. If a consultant objects to an affidavit received
under
this subsection, and notifies the fund administrator in
writing
within 14 days after the affidavit was mailed to the
consultant,
the fund administrator shall notify the state treasurer
and
the authority, and the state treasurer or the authority shall
issue
or reissue the check to the owner or operator and the
consultant.
The grounds for an objection by a consultant under this
subsection
must be that the consultant has not been paid in full
and
the objection must be made by affidavit. The state treasurer or
the
authority shall issue checks under this subsection within 60
days
after an affidavit has been received by the fund
administrator.
Once payment has been made under
this section, the
fund is not liable for any claim on the basis of that payment.
(11) Upon direction of the administrator, the state treasurer
or the authority may withhold partial payment of money on payment
vouchers if there is reasonable cause to believe that there are
suspected violations of section 21548 or if necessary to assure
acceptable completion of the proposed work.
(12)
The department of environmental quality shall prepare and
make
available to owners and operators and consultants standardized
claim and work invoice forms.
Sec. 21517. (1) In order to receive money from the fund, an
owner
or operator shall retain a consultant to perform the
responsibilities
required under part 213 , and the
consultant shall
comply with all of the following requirements:
(a)
The consultant owner or
operator shall submit the
following items for competitive bidding in accordance with
procedures established by the department:
(i) Well drilling, including monitoring wells.
(ii) Laboratory analysis.
(iii) Construction of treatment systems.
(iv) Removal of contaminated soil.
(v) Operation of treatment systems.
(b)
All bids received by the consultant owner or operator
shall be submitted on a standardized bid form prepared by the
department.
(c)
A consultant may perform work activities only if the
consultant
bids for the work activity and the consultant's bid is
the
lowest responsive bid. A consultant who intends to submit a bid
must
submit the bid to the administrator prior to receiving bids
from
contractors.
(c) (d)
Upon receipt of bids, the consultant
owner or operator
shall submit to the administrator a copy of all bid forms received
and the bid accepted. If the lowest responsive bid was not
accepted,
the consultant owner or
operator shall provide a specific
reason why the lowest responsive bid was not accepted.
(2) Bids are not required for initial response actions under
section 21307.
(3)
An owner or operator may request that the consultant
retained
by the owner or operator add qualified bidders to the list
for
requests for bids.
(3) (4)
After the consultant owner or operator employs the
competitive bidding process described in this section, the owner or
operator may hire contractors directly.
(5)
Upon hiring a contractor, a consultant may mark up the
contractor's
work invoice only if the consultant pays the
contractor
and does the billing.
(4) (6)
Removal of underground storage tank
systems is not
eligible for funding under this part. If a release is discovered
during
the removal, the consultant owner
or operator shall allow
the contractor removing the underground storage tank system to
complete the underground storage tank system removal.
(5) (7)
An owner or operator may receive
funding under this
part to implement a corrective action alternative that is not the
preferred corrective action alternative only if the owner or
operator pays the difference between the selected corrective action
alternative and the preferred corrective action alternative.
Sec. 21520. The department shall establish an audit program to
monitor compliance with this part. As part of the audit program,
the department shall employ or contract with qualified individuals
to provide on-site inspections of locations where there has been a
release. The on-site inspectors shall assure that the preferred
corrective
action alternative selected by the consultant owner or
operator and the work performed on sites eligible for funding under
this part are necessary and appropriate considering conditions at
the location, and that work is performed in a cost-effective
manner. The department shall annually evaluate the need for on-site
inspectors, and if the department determines that they are
unnecessary due to other cost containment procedures implemented by
the department, the department may discontinue the on-site
inspections.
Sec. 21558. (1) In order to receive money under the temporary
reimbursement
program, an eligible person shall retain a consultant
to
perform the corrective actions
required under part 213.
(2)
The consultant eligible
person shall comply with all of
the following requirements:
(a)
The consultant eligible
person shall submit the following
items for competitive bidding in accordance with procedures
established in this section:
(i) Well drilling, including monitoring wells.
(ii) Laboratory analysis.
(iii) Construction of treatment systems.
(iv) Removal of contaminated soil.
(v) Operation of treatment systems.
(b)
All bids received by the consultant eligible person shall
be submitted on a standardized bid form prepared by the department.
(c)
A consultant may perform work activities specified in
subsection
(2)(a) only if the consultant bids for the work activity
and
the consultant's bid is the lowest responsive bid. A consultant
who
intends to submit a bid must submit the bid to the department
prior
to receiving bids from contractors.
(c) (d)
Upon receipt of bids, the consultant
eligible person
shall submit to the department a copy of all bid forms received and
the bid accepted.
(d) (e)
The consultant eligible person shall notify the
department in writing of the bid accepted. If the lowest responsive
bid
was not accepted, the consultant eligible person shall
provide
sufficient justification to the department and receive concurrence
from the department before commencing work. Failure of the
department to provide a response within 21 days shall be considered
as concurrence.
(3)
An eligible person may request that the consultant
retained
by the eligible person add qualified bidders to the list
for
requests for bids.
(4)
Upon hiring a contractor, a consultant may include a
markup
to the contractor's work invoices only if the consultant
pays
the contractor and does the billing.
(3) (5)
After the consultant eligible person employs the
competitive
bidding process described in this section, the owner or
operator
eligible person may hire contractors directly.
(4) (6)
Removal of underground storage tank
systems or
installation of new or upgraded equipment for the purpose of
attaining compliance with part 211, or work performed for any other
reason not related to the performance of part 213 corrective
actions, is not eligible for temporary reimbursement program
funding under this part.
Sec. 21559. (1) For an eligible person to receive money under
the temporary reimbursement program for corrective action, all of
the following conditions shall be met:
(a)
The eligible person , and the consultant retained by the
eligible
person, shall follow the procedures
outlined in this
section and shall submit reports, work plans, feasibility analyses,
hydrogeological studies, and corrective action plans prepared under
part 213 to the department, and shall provide other information
required by the department relevant to determining compliance with
this part and part 213.
(b) The eligible person shall submit a work invoice to the
department, with an attached summary report of the work performed
under the invoice and results of the work performed, including, but
not limited to, laboratory results, soil boring logs, construction
logs, site investigation results, and other information that may be
requested by the department.
(c) Work invoices shall comply with all of the following:
(i) Be submitted on a standardized work invoice form provided
by the department.
(ii) Contain complete information in accordance with the form
and the requirements of this section and as requested by the
department.
(iii) Be in an amount consistent with the requirements of
section 21556.
(2) Upon receipt of a work invoice pursuant to subsection (1),
the department shall make all of the following determinations:
(a) Whether the work performed is necessary and appropriate
considering conditions at the site of the release.
(b) Whether the cost of performing the work is reasonable.
(c) Whether the eligible person is eligible to receive funding
under this part.
(d)
Whether the consultant retained by the eligible person has
complied with section 21558.
(3) The department shall deny payment of a work invoice if the
department determines that the corrective action work performed is
not consistent with the requirements of part 213 or does not comply
with the requirements of this part.
(4) Within 45 days after receipt of a work invoice, the
department shall determine whether the work invoice complies with
subsections (1) to (3). The department shall notify the eligible
person in writing of such a determination.
(5) The department shall keep records of approved
precertification applications and work invoices. If the eligible
person has not exceeded the allowable amount of expenditure
provided in sections 21556 and 21557, the department shall forward
an approved payment voucher to the state treasurer within 45 days
after approval of the work invoice.
(6) Except as provided in subsection (7) or as otherwise
provided in this subsection, upon receipt of an approved payment
voucher,
the state treasurer shall make a payment jointly to the
eligible
person and the consultant within 30 days. However, the
eligible
person may submit to the department a signed affidavit
stating
that the consultant listed on a work invoice has been paid
in
full. The affidavit shall list the work invoice number and
precertification
application to which the affidavit applies, a
statement
that the eligible person has mailed a copy of the
affidavit
by first-class mail to the consultant listed on the work
invoice,
and the date that the affidavit was mailed to the
consultant.
The department is not required to verify affidavits
submitted
under this subsection. If, within 14 days after the
affidavit
was mailed to the consultant under this subsection, the
department
has not received an objection in writing from the
consultant
listed on the work invoice, the state treasurer shall
make
the payment directly to the eligible person. If a check has
already
been issued to the eligible person and the consultant, the
eligible
person shall return the original check to the department
along
with the affidavit. If, within 14 days after the affidavit
was
mailed to the consultant, the department has not received an
objection
from the consultant listed on the check, the state
treasurer
shall reissue a check to the eligible person. If a
consultant
objects to an affidavit received under this subsection
and
notifies the department in writing within 14 days after the
affidavit
was mailed to the consultant, the department shall notify
the
state treasurer, and the state treasurer shall issue or reissue
the
check to the eligible person and the consultant. The grounds
for
an objection by a consultant under this subsection shall be
that
the consultant has not been paid in full and the objection
shall
be made by affidavit. The state treasurer shall issue checks
under
this subsection within 60 days after an affidavit has been
received
by the department. Once payment has
been made under this
section, the refined petroleum fund is not liable for any claim on
the basis of that payment.
(7) The temporary reimbursement program is subject to section
21548.
(8) Upon direction of the department, the state treasurer may
withhold partial payment of money on payment vouchers if there is
reasonable cause to believe that there are violations of section
21548 or if necessary to assure acceptable completion of the
corrective actions.
Enacting section 1. Sections 21304, 21541, 21542, 21543, and
21562 of the natural resources and environmental protection act,
1994 PA 451, MCL 324.21304, 324.21541, 324.21542, 324,21543, and
324.21562, are repealed.