June 28, 2011, Introduced by Senators GREEN, PROOS, KOWALL, PAPPAGEORGE, MARLEAU and WALKER and referred to the Committee on Natural Resources, Environment and Great Lakes.
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
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. (1) The Within
1 year after the effective date of
the
amendatory act that amended this section, the department may
shall
promulgate rules as necessary to
implement this part.
(2) The rules promulgated by the department shall adopt by
reference the American society for testing and materials (ASTM)
documents entitled standard guide for risk-based corrective action
applied at petroleum release sites, designation E 1739-95; standard
guide for development of conceptual site models and remediation
strategies for light nonaqueous-phase liquids released to the
subsurface, designation E 2531-06; and guide for risk-based
corrective action, designation E 2801.
(3) The department shall not promulgate a rule under this part
that is more stringent than the applicable federal standard.
(4) The department shall not promulgate a rule or promulgate a
revision to a rule under this part unless it has conducted a study
to determine whether the benefit to public health, safety, and
welfare and the environment exceeds the cost of implementing the
proposed rule by owners or operators. The results of the study
conducted under this section shall be included in the notice
required under section 41 of the administrative procedures act of
1969, 1969 PA 306, MCL 24.241.
(5) If a rule proposed for adoption under this part
establishes or modifies a cleanup criterion for corrective action,
the department shall demonstrate that the proposed cleanup
criterion complies with section 21304a(3).
(6) 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.
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. 531.
(d) Senate Bill No. 530.
(e) Senate Bill No. 532.