HB-4768, As Passed Senate, November 12, 2013

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 4768

     A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

(MCL 324.101 to 324.90106) by adding section 3109e.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 3109e. (1) Notwithstanding any other provision in this

act or the rules promulgated under this act, the department shall

not establish or enforce a limitation for sodium or chloride in a

groundwater discharge permit that is more restrictive than the

following:

     (a) 400 milligrams of sodium per liter.

     (b) 500 milligrams of chloride per liter.

     (2) Notwithstanding any other provision of this act or the

rules promulgated under this act, the department shall not

establish or enforce a limitation for sodium or chloride in

groundwater that is more restrictive than the following:

     (a) 230 milligrams of sodium per liter.

     (b) 250 milligrams of chloride per liter.

     (3) Notwithstanding any other provision of this part or rules

promulgated under this part, if a permittee discharges sodium or

chloride, or both, into groundwater that migrates off of the

property on which the discharge was made and that discharge

directly causes the groundwater concentration of sodium or

chloride, or both, to exceed the levels provided under subsection

(2), the permittee shall do all of the following:

     (a) Initiate a sampling program approved by the department to

monitor downgradient water supply wells for the levels of sodium or

chloride, or both, in the water supply.

     (b) If the concentration of sodium in a downgradient water

supply exceeds the level provided under subsection (2), the

permittee shall provide and maintain, for each affected

downgradient water supply, free of charge, a point-of-use treatment

system approved by the department that will remove sodium from the

water supply so as to be in compliance with the level provided

under subsection (2).

     (c) If the concentration of chloride in a downgradient water

supply exceeds the level provided under subsection (2), provide to

each affected water supply owner a notice of aesthetic impact with

respect to chloride levels.

     (4) Notwithstanding any other provision of this act, a

permittee subject to the requirements of subsection (3) that

complies with the requirements of subsection (3) is not subject to

response activities under part 201 with respect to a discharge of

sodium or chloride, or both, that is in compliance with the

discharge level under subsection (1).