GROUNDWATER SODIUM/CHLORIDE LIMIT                                               H.B. 4768 (S-4):

                                                                                                      FLOOR SUMMARY

House Bill 4768 (Substitute S-4 as reported)

Sponsor:  Representative Hugh Crawford

House Committee:  Regulatory Reform

Senate Committee:  Natural Resources, Environment and Great Lakes

CONTENT

The bill would amend Part 31 (Water Resources Protection) of the Natural Resources and Environmental Protection Act to prohibit the Department of Environmental Quality from establishing or enforcing a limitation for sodium or chloride in a groundwater discharge permit that was more restrictive than 400 milligrams (mg) of sodium per liter or 500 mg of chloride per liter, notwithstanding any other provision in the Act or rules promulgated under it.  Additionally, the Department could not establish or enforce a limitation for sodium or chloride in groundwater that was more restrictive than 230 mg of sodium per liter or 250 mg of chloride per liter.

If a permittee discharged sodium and/or chloride into groundwater that migrated off of the property and the discharge directly caused the groundwater concentration of either or both substances to exceed the prescribed levels, the permittee would have to initiate a sampling program to monitor downgradient water supply wells for the levels of sodium and/or chloride in the water supply. If the concentration of sodium exceeded the prescribed level, the permittee would have to provide and maintain, for each affected water supply, free of charge, a point-of-use treatment system that would remove sodium so as to be in compliance with the prescribed level.  If the concentration of chloride in a downgradient water supply exceeded the prescribed level, the permittee would have to give each affected water supply owner a notice of aesthetic impact with respect to chloride levels.  A permittee that complied with these requirements would not be subject to response activities under Part 201 (Environmental Remediation) with respect to a discharge of sodium and/or chloride that was in compliance with the discharge level prescribed in the bill.

Proposed MCL 324.3109e                                               Legislative Analyst:  Julie Cassidy

FISCAL IMPACT

The bill would have no fiscal impact on State or local government.

Date Completed:  11-4-13                                                     Fiscal Analyst:  Josh Sefton

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.