March 8, 2006, Introduced by Reps. Moore, Ball, LaJoy, Gosselin, Schuitmaker, Farhat, Baxter, Stahl, Nitz, David Law, Proos, Vander Veen, Caswell, Mortimer, Newell, Taub, Sheen, Marleau and Casperson 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 section 20101 (MCL 324.20101), as amended by 1996 PA
383.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 20101. (1) As used in this part:
(a) "Act of God" means an unanticipated grave natural disaster
or other natural phenomenon of an exceptional, inevitable, and
irresistible character, the effects of which could not have been
prevented or avoided by the exercise of due care or foresight.
(b) "Agricultural property" means real property used for
farming in any of its branches, including cultivating of soil;
growing and harvesting of any agricultural, horticultural, or
floricultural commodity; dairying; raising of livestock, bees,
fish, fur-bearing animals, or poultry; turf and tree farming; and
performing any practices on a farm as an incident to, or in
conjunction with, these farming operations. Agricultural property
does not include property used for commercial storage, processing,
distribution, marketing, or shipping operations.
(c) "Attorney general" means the department of the attorney
general.
(d) "Baseline environmental assessment" means an evaluation of
environmental
conditions which that
exist at a facility at the
time of purchase, occupancy, or foreclosure that reasonably defines
the existing conditions and circumstance at the facility so that,
in the event of a subsequent release, there is a means of
distinguishing the new release from existing contamination.
(e) "Board" means the brownfield redevelopment board created
in section 20104a.
(f) "Department" means the director of the department of
environmental quality or his or her designee to whom the director
delegates a power or duty by written instrument.
(g) "Director" means the director of the department of
environmental quality.
(h) "Directors" means the directors or their designees of the
departments of environmental quality, community health,
agriculture, and state police.
(i) "Disposal" means the discharge, deposit, injection,
dumping, spilling, leaking, or placing of any hazardous substance
into or on any land or water so that the hazardous substance or any
constituent of the hazardous substance may enter the environment or
be emitted into the air or discharged into any groundwater or
surface water.
(j) "Enforcement costs" means court expenses, reasonable
attorney fees of the attorney general, and other reasonable
expenses of an executive department that are incurred in relation
to enforcement under this part or rules promulgated under this
part, or both.
(k) "Environment" or "natural resources" means land, surface
water, groundwater, subsurface, strata, air, fish, wildlife, or
biota within the state.
(l) "Environmental contamination" means the release of a
hazardous substance, or the potential release of a discarded
hazardous
substance, in a quantity which that
is or may become
injurious to the environment or to the public health, safety, or
welfare.
(m) "Evaluation" means those activities including, but not
limited to, investigation, studies, sampling, analysis, development
of feasibility studies, and administrative efforts that are needed
to determine the nature, extent, and impact of a release or threat
of release and necessary response activities.
(n) "Exacerbation" means the occurrence of either of the
following caused by an activity undertaken by the person who owns
or operates the property, with respect to existing contamination:
(i) Contamination that has migrated beyond the boundaries of
the
property which that
is the source of the release at levels
above cleanup criteria specified in section 20120a(1)(a) unless a
criterion is not relevant because exposure is reliably restricted
pursuant to section 20120b.
(ii) A change in facility conditions that increases response
activity costs.
(o) "Facility" means any area, place, or property where a
hazardous
substance in excess of the concentrations which that
satisfy the requirements of section 20120a(1)(a) or (17) or the
cleanup criteria for unrestricted residential use under part 213
has been released, deposited, disposed of, or otherwise comes to be
located. Facility does not include any area, place, or property at
which
response activities have been completed
which that satisfy
the cleanup criteria for the residential category provided for in
section 20120a(1)(a) and (17) or at which corrective action has
been
completed under part 213 which that
satisfies the cleanup
criteria for unrestricted residential use.
(p) "Feasibility study" means a process for developing,
evaluating, and selecting appropriate response activities.
(q) "Foreclosure" means possession of a property by a lender
on which it has foreclosed on a security interest or the expiration
of a lawful redemption period, whichever occurs first.
(r) "Free product" means a hazardous substance in a liquid
phase equal to or greater than 1/8 inch of measurable thickness
that is not dissolved in water and that has been released into the
environment.
(s) "Fund" means the cleanup and redevelopment fund
established in section 20108.
(t) "Hazardous substance" means 1 or more of the following,
but does not include fruit, vegetable, or field crop residuals or
processing by-products, or aquatic plants, that are applied to the
land for an agricultural use or for use as an animal feed, if the
use is consistent with generally accepted agricultural management
practices
developed pursuant to under the Michigan right to
farm
act, Act
No. 93 of the Public Acts of 1981, being sections 286.471
to
286.474 of the Michigan Compiled Laws 1981 PA 93, MCL 286.471
to 286.474:
(i) Any substance that the department demonstrates, on a case
by case basis, poses an unacceptable risk to the public health,
safety, or welfare, or the environment, considering the fate of the
material, dose-response, toxicity, or adverse impact on natural
resources.
(ii) Hazardous substance as defined in section 9601 of the
comprehensive environmental response, compensation, and liability
act
of 1980, Public Law 96-510, 94 Stat. 2767 42 USC 9601.
(iii) Hazardous waste as defined in part 111.
(iv) Petroleum as described in part 213.
(v) All of the following associated with the manufacture of
methamphetamine that are or may become injurious to the public
health, safety, or welfare or to the environment:
(A) A chemical or other material that is used to manufacture
methamphetamine.
(B) Toxic gases and other by-products produced during the
methamphetamine manufacturing process.
(C) Wastes remaining after the methamphetamine manufacturing
process is completed.
(u) "Interim response activity" means the cleanup or removal
of a released hazardous substance or the taking of other actions,
prior to the implementation of a remedial action, as may be
necessary to prevent, minimize, or mitigate injury to the public
health, safety, or welfare, or to the environment. Interim response
activity also includes, but is not limited to, measures to limit
access, replacement of water supplies, and temporary relocation of
people as determined to be necessary by the department. In
addition, interim response activity means the taking of other
actions as may be necessary to prevent, minimize, or mitigate a
threatened release.
(v) "Lender" means any of the following:
(i) A state or nationally chartered bank.
(ii) A state or federally chartered savings and loan
association or savings bank.
(iii) A state or federally chartered credit union.
(iv) Any other state or federally chartered lending institution
or regulated affiliate or regulated subsidiary of any entity listed
in this subparagraph or subparagraphs (i) to (iii).
(v) An insurance company authorized to do business in this
state pursuant
to under the insurance code of 1956, Act
No. 218
of
the Public Acts of 1956, being sections 500.100 to 500.8302 of
the
Michigan Compiled Laws 1956
PA 218, MCL 500.100 to 500.8302.
(vi) A motor vehicle finance company subject to the motor
vehicle
sales finance act,
Act No. 27 of the Extra Session of
1950
,
being sections 492.101 to 492.141 of the Michigan Compiled Laws
1950 (Ex Sess) PA 27, MCL 492.101 to 492.141, with net assets in
excess of $50,000,000.00.
(vii) A foreign bank.
(viii) A retirement fund regulated pursuant
to under state law
or
a pension fund regulated pursuant to under federal law with
net assets in excess of $50,000,000.00.
(ix) A state or federal agency authorized by law to hold a
security interest in real property or a local unit of government
holding a reversionary interest in real property.
(x) A nonprofit tax exempt organization created to promote
economic development in which a majority of the organization's
assets are held by a local unit of government.
(xi) Any other person who loans money for the purchase of or
improvement of real property.
(xii) Any person who retains or receives a security interest to
service a debt or to secure a performance obligation.
(w) "Local health department" means that term as defined in
section
1105 of the public health code, Act No. 368 of the Public
Acts
of 1978, being section 333.1105 of the Michigan Compiled Laws
1978 PA 368, MCL 333.1105.
(x) "Local unit of government" means a county, city, township,
or village, an agency of a local unit of government, an authority
or any other public body or entity created by or pursuant to state
law. Local unit of government does not include the state or federal
government or a state or federal agency.
(y) "Operator" means a person who is in control of or
responsible for the operation of a facility. Operator does not
include either of the following:
(i) A person who holds indicia of ownership primarily to
protect the person's security interest in the facility, unless that
person participates in the management of the facility as described
in section 20101a.
(ii) A person who is acting as a fiduciary in compliance with
section 20101b.
(z) "Owner" means a person who owns a facility. Owner does not
include either of the following:
(i) A person who holds indicia of ownership primarily to
protect the person's security interest in the facility, including,
but not limited to, a vendor's interest under a recorded land
contract, unless that person participates in the management of the
facility as described in section 20101a.
(ii) A person who is acting as a fiduciary in compliance with
section 20101b.
(aa) "Permitted release" means 1 or more of the following:
(i) A release in compliance with an applicable, legally
enforceable permit issued under state law.
(ii) A lawful and authorized discharge into a permitted waste
treatment facility.
(iii) A federally permitted release as defined in the
comprehensive environmental response, compensation, and liability
act
of 1980, Public Law 96-510. , 94 Stat. 2767.
(bb) "Release" includes, but is not limited to, any spilling,
leaking, pumping, pouring, emitting, emptying, discharging,
injecting, escaping, leaching, dumping, or disposing of a hazardous
substance into the environment, or the abandonment or discarding of
barrels, containers, and other closed receptacles containing a
hazardous substance. Release does not include any of the following:
(i) A release that results in exposure to persons solely within
a workplace, with respect to a claim that these persons may assert
against their employers.
(ii) Emissions from the engine exhaust of a motor vehicle,
rolling stock, aircraft, or vessel.
(iii) A release of source, by-product, or special nuclear
material from a nuclear incident, as those terms are defined in
section
2014 of the atomic energy act of 1954, chapter
1073, 68
Stat.
919 42 USC 2014, if the release is subject to requirements
with respect to financial protection established by the nuclear
regulatory
commission under section 170 of chapter 14 of title I
section
2210 of the atomic energy act of 1954, chapter
1073, 71
Stat.
576, 42 U.S.C. USC
2210, or any release of source by-
product or special nuclear material from any processing site
designated
under section 102(a)(1) of title I or 302(a) of title
III
7912 or 7942 of the uranium mill tailings radiation control
act
of 1978, Public Law 95-604, 42 U.S.C. 42 USC 7912
and 7942.
(iv) If applied according to label directions and according to
generally accepted agricultural and management practices, the
application of a fertilizer, soil conditioner, agronomically
applied manure, or pesticide, or fruit, vegetable, or field crop
residuals or processing by-products, aquatic plants, or a
combination of these substances. As used in this subparagraph,
fertilizer and soil conditioner have the meaning given to these
terms in part 85, and pesticide has the meaning given to that term
in part 83.
(v) A release does not include fruits, vegetables, field crop
processing by-products, or aquatic plants, that are applied to the
land for an agricultural use or for use as an animal feed, if the
use is consistent with generally accepted agricultural and
management
practices developed pursuant to under the Michigan
right
to farm act, Act No. 93 of the Public Acts of 1981, being
sections
286.471 to 286.474 of the Michigan Compiled Laws 1981 PA
93, MCL 286.471 to 286.474.
(cc) "Remedial action" includes, but is not limited to,
cleanup, removal, containment, isolation, destruction, or treatment
of a hazardous substance released or threatened to be released into
the environment, monitoring, maintenance, or the taking of other
actions that may be necessary to prevent, minimize, or mitigate
injury to the public health, safety, or welfare, or to the
environment.
(dd) "Remedial action plan" means a work plan for performing
remedial action under this part.
(ee) "Response activity" means evaluation, interim response
activity, remedial action, demolition, or the taking of other
actions necessary to protect the public health, safety, or welfare,
or the environment or the natural resources. Response activity also
includes health assessments or health effect studies carried out
under the supervision, or with the approval of, the department of
public health and enforcement actions related to any response
activity.
(ff) "Response activity costs" or "costs of response activity"
means all costs incurred in taking or conducting a response
activity, including enforcement costs.
(gg) "Security interest" means any interest, including a
reversionary interest, in real property created or established for
the purpose of securing a loan or other obligation. Security
interests include, but are not limited to, mortgages, deeds of
trusts,
liens, and title pursuant to under lease financing
transactions. Security interests may also arise from transactions
such as sale and leasebacks, conditional sales, installment sales,
trust receipt transactions, certain assignments, factoring
agreements, accounts receivable financing arrangements,
consignments, or any other transaction in which evidence of title
is created if the transaction creates or establishes an interest in
real property for the purpose of securing a loan or other
obligation.
(hh) "Site" means the location of environmental contamination.
(ii) "Threatened release" or "threat of release" means any
circumstance that may reasonably be anticipated to cause a release.
(2) As used in this part, the phrase "a person who is liable"
includes a person who is described as being subject to liability in
section 20126. The phrase "a person who is liable" does not presume
that liability has been adjudicated.