HOUSE BILL No. 5648


     April 18, 2000, Introduced by Reps. Lemmons, Jacobs, Spade, Switalski, O'Neil, Lockwood, Price and Daniels and referred to
the Committee on Conservation and Outdoor Recreation.


        A bill to amend 1994 PA 451, entitled

   "Natural resources and environmental protection act,"

   by amending section 20114 (MCL 324.20114), as amended by 1995 PA

   71.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           Sec. 20114.  (1) Except as provided in subsection (4), an

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      owner or operator of property who has knowledge that the property

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      is a facility and who is liable under section 20126 shall do all

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      of the following:

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           (a) Determine the nature and extent of a release at the

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      facility.

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           (b) Report the release to the department within 24 hours

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      after obtaining knowledge of the release.  The requirements of

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      this subdivision  shall  apply to reportable quantities of

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      hazardous substances established pursuant to 40 C.F.R. 302.4 and


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      302.6 (1989), unless the department establishes through rules

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      alternate or additional reportable quantities as necessary to

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      protect the public health, safety, or welfare, or the

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      environment.

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           (c) Immediately stop or prevent the release at the source.

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           (d) Immediately implement source control or removal measures

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      to remove or contain hazardous substances that are released after

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       the effective date of the 1995 amendments to this section  JUNE

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      5, 1995, if those measures are technically practical, cost effec-

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      tive, and provide protection to the environment.  At a facility

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      where hazardous substances are released after  the effective date

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      of the 1995 amendments to this section  JUNE 5, 1995, and those

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      hazardous substances have not affected groundwater but are likely

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      to, groundwater contamination shall be prevented if it can be

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      prevented by measures that are technically practical, cost effec-

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      tive, and provide protection to the environment.

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           (e) Immediately identify and eliminate any threat of fire or

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      explosion or any direct contact hazards.

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           (f) Immediately initiate removal of a hazardous substance

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      that is in a liquid phase, that is not dissolved in water, and

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      that has been released.

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           (g) Diligently pursue response activities necessary to

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      achieve the cleanup criteria specified in this part and the rules

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      promulgated under this part.  For a period of 2 years after the

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      effective date of the 1995 amendments to this section, fines and

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      penalties shall not be imposed under this part for a violation of

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      this subdivision. 



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           (h) Upon written request by the department, take the

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      following actions:

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           (i) Provide a plan for and undertake interim response

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      activities.

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           (ii) Provide a plan for and undertake evaluation

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      activities.

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           (iii) Take any other response activity determined by the

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      department to be technically sound and necessary to protect the

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      public health, safety, welfare, or the environment.

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           (iv) Submit to the department for approval a remedial action

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      plan that, when implemented, will achieve the cleanup criteria

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      specified in this part and the rules promulgated under this

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      part.

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           (v) Implement an approved remedial action plan in accordance

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      with a schedule approved by the department pursuant to this

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      part.

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           (2) A person may undertake response activity without prior

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      approval by the department unless that response activity is being

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      done pursuant to an administrative order or agreement or judicial

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      decree  which  THAT requires prior department approval.  Any such

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      action  shall  DOES not relieve any person of liability for fur-

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      ther response activity as may be required by the department.

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           (3) Except as provided in subsection (4), a person who holds

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      an easement interest in a portion of a property who has knowledge

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      that there may be a release within that easement shall report the

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      release to the department within 24 hours after obtaining

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      knowledge of the release.  Unless the department establishes



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      through rules alternate or additional reportable quantities as

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      necessary to protect the public health, safety, or welfare, or

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      the environment, this subsection  shall apply  APPLIES to report-

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      able quantities of hazardous substances established pursuant to

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      40 C.F.R. 302.4 and 302.6 (1989).

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           (4) The requirements of subsections (1) and (3) do not apply

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      to a permitted release or a release in compliance with applicable

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      federal, state, and local air pollution control laws.

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           (5) Upon a determination by the department that a person has

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      completed all response activity at a facility pursuant to an

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      approved remedial action plan prepared and implemented in compli-

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      ance with this part and the rules promulgated under this part,

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      the department, upon request of a person, shall execute and

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      present a document stating that all response activities required

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      in the approved remedial action plan have been completed.

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           (6) An owner or operator of a facility from which a hazard-

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      ous substance is released that is determined to be reportable

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      under subsection (1)(b), other than a permitted release, who

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      fails to notify the department within 24 hours after obtaining

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      knowledge of the release or who submits in such notification any

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      information that the person knows to be false or misleading, is

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      subject to a civil fine of not more than $25,000.00 for each day

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      in which the violation occurs or the failure to comply

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      continues.  A fine imposed under this subsection shall be based

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      upon the seriousness of the violation and any good faith efforts

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      by the violator to comply with this subsection.





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           (7) This section does not do either of the following:

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           (a) Limit the authority of the department to take or conduct

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      response activities pursuant to this part.

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           (b) Limit the liability of a person who is liable under sec-

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      tion 20126.

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           (8) Any request for approval of a plan shall be granted or

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      denied within 6 months of submittal of the information necessary

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      or required for the department to make its decision.  If the

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      department does not approve the plan, the reasons for the denial

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      shall be provided by the department in writing with a complete

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      and specific statement of the conditions or requirements neces-

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      sary to obtain approval.  The department may not add additional

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      items to this statement after it has been issued.  Failure 

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      HOWEVER, FAILURE of the department to act within the specified

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      time period  shall  DOES NOT result in the request being consid-

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      ered approved.  The time frame for decision may be extended by

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      the mutual consent of the department and the person submitting

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      the plan.





















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