SB-0530, As Passed Senate, April 19, 2012

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 530

     A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending sections 21308a, 21311a, and 21312a (MCL 324.21308a,

324.21311a, and 324.21312a), as amended by 1996 PA 116.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 21308a. (1) Within 90 180 days after a release has been

discovered, a consultant retained by the owner or operator shall

complete an initial assessment report and submit the report to the

department on a form created pursuant to section 21316. The report

shall include , but is not limited to, the following information:

     (a) Results of initial response actions taken under section

21307(2).

     (b) Site information and site characterization results. The

following items shall be included as appropriate given the site

conditions:

     (i) The facility property address.

     (ii) The name of the facility.business, if applicable.

     (iii) The name, address, and telephone number of facility

compliance a contact person for the owner or operator.

     (iv) The time and date of release discovery.

     (v) The time and date the release was reported to the

department.

     (vi) A site map that includes all of the following:

     (A) The location of each underground storage tank in the

leaking underground storage tank system.

     (B) The location of any other known current or former

underground storage tank system on the site.

     (C) The location of fill ports, dispensers, and other

pertinent system components for known current or former underground

storage tank systems on the site.

     (D) Soil and groundwater sample locations, if applicable.

     (E) The locations of nearby buildings, roadways, paved areas,

or other structures.

     (vii) A description of how the release was discovered.

     (viii) A list of regulated substances the underground storage

tank system contained when the release occurred.

     (ix) A list of the regulated substances the underground storage

tank system contained in the past other than those listed in

subparagraph (viii).

     (x) The location of nearby surface waters and wetlands.

     (xi) The location of nearby underground sewers and utility

lines.

     (xii) The component of the underground storage tank system from

which the release occurred (e.g., piping, underground storage tank,

overfill).

     (xiii) Whether the underground storage tank system was emptied

to prevent further release.

     (xiv) A description of what other steps were taken to prevent

further migration of the regulated substance into the soil or

groundwater.

     (xv) Whether toxic or explosive vapors or free product

migrating or mobile NAPL was found and what steps were taken to

abate evaluate those conditions and the current levels of toxic or

explosive vapors or free product migrating or mobile NAPL in nearby

structures.

     (xvi) The extent to which all or part of the underground

storage tank system or soil, or both, was removed.

     (xvii) Data from analytical testing of soil and groundwater

samples.

     (xviii) A description of the free product mobile or migrating

NAPL investigation and removal if free product was present,

evaluation conducted pursuant to section 21307(2)(c) and, if the

evaluation of NAPL concludes that NAPL is recoverable and removal

is necessary under this part to abate an unacceptable risk pursuant

to the provisions outlined in RBCA, a description of the removal,

including all of the following:

     (A) A description of the actions taken to remove any free

product.NAPL.

     (B) The name of the person or persons responsible for

implementing the free product NAPL removal measures.

     (C) The estimated quantity, type, and thickness of free

product NAPL observed or measured in wells, boreholes, and

excavations.

     (D) The type of free product NAPL recovery system used.

     (E) Whether any discharge will take place on site or off site

during the recovery operation and where this discharge will be

located.

     (F) The type of treatment applied to, and the effluent quality

expected from, any discharge.

     (G) The steps that have been or are being taken to obtain

necessary permits for any discharge.

     (H) The quantity and disposition of the recovered free

product.NAPL.

     (xix) Identification of any other contamination on the site not

resulting from the release and the source, if known.

     (xx) An estimate of the horizontal and vertical extent of on-

site and off-site soil contamination exceeding the applicable RBSL

for tier I sites or the applicable SSTL for tier II or tier III

sites.

     (xxi) The depth to groundwater.

     (xxii) An identification of potential migration and exposure

pathways and receptors.

     (xxiii) An estimate of the amount of soil in the vadose zone

that is contaminated.

     (xxiv) If the on-site assessment indicates that off-site soil

or groundwater may be affected, report the steps that have been

taken or will be taken including an implementation schedule to

expeditiously secure access to off-site properties to complete the

delineation of the extent of the release if the contamination

exceeds the applicable RBSL or the applicable SSTL.

     (xxv) Groundwater flow rate and direction.

     (xxvi) Laboratory analytical data collected. The owner or

operator may elect to obtain groundwater samples utilizing a grab

sample technique for initial assessment and monitoring purposes

that do not represent initial delineation of the limit of

contamination or closure verification sampling.

     (xxvii) The vertical distribution of contaminants that exceed

the applicable RBSL or applicable SSTL.

     (c) Site classification under section 21314a.

     (d) Tier I or tier II evaluation according to the RBCA

process.

     (e) A work plan, including an implementation schedule for

conducting a final assessment report under section 21311a, to

determine the vertical and horizontal extent of the contamination

that exceeds the applicable RBSL or applicable SSTL as necessary

for preparation of the corrective action plan.

     (2) If free product migrating or mobile NAPL is discovered at

a site after the submittal of an initial assessment report pursuant

to subsection (1), the owner or operator , or consultant retained

by the owner or operator, shall do both of the following:

     (a) Perform initial response actions identified in section

21307(2)(c).(i) to (iv).

     (b) Submit to the department an amendment to the initial

assessment report within 30 days of discovery of the free product

migrating or mobile NAPL that describes response actions taken as a

result of the free product migrating or mobile NAPL discovery.

     (3) The department shall not require any additional

information beyond that required under this section to be included

in an initial assessment report. The owner or operator shall

provide supporting documentation to the data and conclusions of the

initial assessment report upon request by the department.

     Sec. 21311a. (1) Within 365 days after a release has been

discovered, a consultant retained by an owner or operator shall

complete a final assessment report that includes a corrective

action plan developed under section 21309a and submit the report to

the department on a form created pursuant to section 21316. The

report shall include , but is not limited to, the following

information:

     (a) The extent of contamination. A site assessment under the

RBCA process, as necessary for determining site classification, and

the extent of contamination relative to the applicable RBSLs or

applicable SSTLs set forth in the corrective action plan.

     (b) Tier II and tier III evaluation, as appropriate, under the

RBCA process.

     (c) A feasibility analysis. The following shall be included,

as appropriate, given the site conditions and the applicable RBSL

or applicable SSTL:

     (i) On-site and off-site corrective action alternatives to

remediate contaminated soil and groundwater for each cleanup type

above the applicable RBSL or applicable SSTL, including

alternatives that permanently and significantly reduce the volume,

toxicity, and mobility of the regulated substances if above the

applicable RBSL or applicable SSTL.

     (ii) An analysis of the recoverability and whether the NAPL is

mobile or migrating.

(iii) (ii) The costs associated with each corrective action

alternative including alternatives that permanently and

significantly reduce the volume, toxicity, and mobility of the

regulated substances that are above the applicable RBSL or

applicable SSTL.

(iv) (iii) The effectiveness and feasibility of each corrective

action alternative in meeting cleanup criteria that are above the

applicable RBSL or applicable SSTL.

(v) (iv) The time necessary to implement and complete each

corrective action alternative.

(vi) (v) The preferred corrective action alternative based upon

subparagraphs (i) through (iv) (v) and an implementation schedule for

completion of the corrective action.

     (d) A corrective action plan.

     (e) A schedule for corrective action plan implementation.

     (2) If the preferred corrective action alternative under

subsection (1)(c)(v) is based on the use of institutional controls

regarding off-site migration of regulated substances, the

corrective action plan shall not be implemented until it is

reviewed and determined by the department to be in compliance with

this part. The owner or operator shall provide supporting

documentation to the data and conclusions of the final assessment

report upon request by the department. The department shall not

require any additional information beyond that required under this

section to be included in its final assessment report.

     Sec. 21312a. (1) Within 30 days following Upon completion of

the corrective action, a consultant retained by the owner or

operator shall complete a closure report and submit the report to

the department on a form created pursuant to section 21316. The

report shall include , but is not limited to, the following

information:

     (a) A summary of corrective action activities and

documentation of the basis for concluding that corrective actions

have been completed.

     (b) Closure verification sampling results. Groundwater samples

shall be collected utilizing a low-flow technique for closure

verification or other method approved by the department.

     (c) A closure certification prepared by the consultant

retained by the owner or operator.

     (c) The person submitting a closure report shall include a

signed affidavit attesting to the fact that the information upon

which the closure report is based is complete and true to the best

of that person's knowledge. The closure report shall also include a

signed affidavit from the consultant who prepared the closure

report attesting to the fact that the corrective actions detailed

in the closure report comply with all applicable requirements under

the applicable RBCA standard and that the information upon which

the closure report is based is true and accurate to the best of

that consultant's knowledge. In addition, the consultant shall

attach a certificate of insurance demonstrating that the consultant

has obtained at least all of the insurance required under section

21325.

     (d) A person submitting a closure report shall maintain all

documents and data prepared, acquired, or relied upon in connection

with the closure report for not less than 6 years after the date on

which the closure report was submitted. All documents and data

required to be maintained under this section shall be made

available to the department upon request.

     (2) Within 60 days after receipt of a closure report under

subsection (1), the department shall provide the consultant owner

or operator who submitted the closure report with a confirmation of

the department's receipt of the report.

     (3) The department shall not require any additional

information beyond that required under this section to be included

in a closure report.

     Enacting section 1. This amendatory act does not take effect

unless all of the following bills of the 96th Legislature are

enacted into law:

     (a) Senate Bill No. 528.

     (b) Senate Bill No. 529.

     (c) Senate Bill No. 531.

     (d) Senate Bill No. 532.

     (e) Senate Bill No. 533.