February 8, 2005, Introduced by Rep. Ward and referred to the Committee on Natural Resources, Great Lakes, Land Use, and Environment.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 21102 and 21103 (MCL 324.21102 and 324.21103).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 21102. (1) A person who is the owner of an underground
storage tank system shall register and annually renew the
registration on the underground storage tank system with the
department. However, the owner or operator of 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 29.34, and the rules promulgated under that act, is
exempt from the registration requirements of this section.
(2) A person who is the owner of an underground storage tank
system shall register the underground storage tank system with the
department prior to bringing the underground storage tank system
into use. Additionally, an installation registration form
containing the information required by the department shall be
submitted to the department at least 45 days prior to the
installation of the underground storage tank system.
(3) The department shall accept the registration or renewal of
registration of an underground storage tank system under this
section only if the owner of the underground storage tank system
pays the registration fee specified in subsection (8).
(4) Except as otherwise provided in subsections (5) and (6), a
person who is the owner of an underground storage tank system
registered under subsection (1) or (2) shall notify the department
of
any change in the information required under section 3 21103
or
of the removal of an underground storage tank system from service.
(5) A person who is the owner of an underground storage tank
system, the contents of which are changed routinely, may indicate
all the materials that are stored in the underground storage tank
system on the registration form described in section 21103. A
person providing the information described in this subsection is
not required to notify the department of changes in the contents of
the underground storage tank system unless the material to be
stored in the system differs from the information provided on the
registration form.
(6) Except as otherwise provided in section 21103(2), a person
who is the owner of an underground storage tank system registered
under subsection (1) or (2) is not required to notify the
department of a test conducted on the tank system but shall furnish
this information upon the request of the department.
(7) Upon the request of a local unit of government in which an
underground storage tank system is located, the department shall
forward a copy of registration or notification of change to the
local unit of government where the underground storage tank system
is located.
(8) Except as provided in section 21104(3), the owner of an
underground storage tank system shall, upon registration or renewal
of registration, pay a registration fee of $100.00 for each
underground storage tank included in that underground storage tank
system. The department shall deposit all registration fees it
collects into the fund.
(9) The department may promulgate rules that require proof of
registration under this part to be attached to the underground
storage tank system or to the property where the underground
storage tank system is located.
(10) Except as otherwise provided in this subsection, an
underground storage tank system or an underground storage tank that
is part of the system that has been closed or removed pursuant to
rules promulgated under this part is exempt from the requirements
of this section. However, the owner of an underground storage tank
system or an underground storage tank that is part of the system
that has been closed or removed shall notify the department of the
closure or removal pursuant to rules promulgated by the department.
The owner of an underground storage tank system shall continue to
pay registration fees on underground storage tanks that have been
closed or removed until notification of the closure or removal is
provided on the required form pursuant to these rules.
Sec. 21103. (1) The registration required by section 21102(1)
and (2) shall be provided either:
(a) On a form provided by the department and in compliance
with
section 9002 of the solid waste disposal act, 42 U.S.C. USC
6991a.
(b) On a form approved by the department and in compliance
with section 9002 of the solid waste disposal act, 42 USC 6991a.
(2) If there is a suspected or confirmed release from an
underground storage tank system, the owner or operator of the
underground storage tank system shall notify the department within
24 hours and if requested by the department shall file the
following supplementary information if known:
(a) The owner of the property where the underground storage
tank system is located.
(b) A history of the current and previous contents of the
underground storage tank system, including the generic chemical
name, chemical abstract service number, or trade name, whichever is
most descriptive of the contents, and including the date or dates
on which the contents were changed or removed.
(c) A history of the monitoring procedures and leak detection
tests and methods employed with respect to the underground storage
tank system and the resulting findings.
(3) The owner or operator of an underground storage tank
system shall maintain, on the property in which the underground
storage tank system is located, blueprints showing the location of
the underground storage tank system, including all associated
underground storage tanks. If there is a suspected or confirmed
release from an underground storage tank system, the owner or
operator of the underground storage tank system shall make these
blueprints available to the department and local police and fire
departments, upon request.