June 28, 2011, Introduced by Senators PAVLOV, PROOS, KOWALL, PAPPAGEORGE, MARLEAU and WALKER and referred to the Committee on Natural Resources, Environment and Great Lakes.
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 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, only 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 address.
(ii) The name of the facility.
(iii) The name, address, and telephone number of facility
compliance contact person.
(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 underground storage tank system
on the site.
(C) The location of fill ports, dispensers, and other
pertinent system components.
(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 vapors or free product was found and what steps
were taken to abate those conditions and the current levels of
vapors or free product 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 investigation and
removal if free product was present, including all of the
following:
(A) A description of the actions taken to remove any free
product.
(B) The name of the person or persons responsible for
implementing the free product removal measures.
(C) The estimated quantity, type, and thickness of free
product observed or measured in wells, boreholes, and excavations.
(D) The type of free product 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.
(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.
(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.
(xxv) Groundwater flow rate and direction.
(xxvi) Laboratory analytical data collected.
(xxvii) The vertical distribution of contaminants.
(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
as necessary for preparation of the corrective action plan.
(2) If free product 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
that describes response actions taken as a result of the free
product discovery.
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, only the
following
information:
(a) The extent of contamination.
(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:
(i) On-site and off-site corrective action alternatives to
remediate contaminated soil and groundwater for each cleanup type,
including alternatives that permanently and significantly reduce
the volume, toxicity, and mobility of the regulated substances.
(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.
(iii) The effectiveness and feasibility of each corrective
action alternative in meeting cleanup criteria.
(iv) The time necessary to implement and complete each
corrective action alternative.
(v) The preferred corrective action alternative based upon
subparagraphs (i) through (iv) 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.
Sec. 21312a. (1) Within 30 days following 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, only the
following
information:
(a) A summary of corrective action activities.
(b) Closure verification sampling results.
(c) A closure certification prepared by the consultant
retained by the owner or operator.
(2) Within 60 days after receipt of a closure report under
subsection (1), the department shall provide the consultant who
submitted the closure report with a confirmation of the
department's receipt of the 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. 533.
(e) Senate Bill No. 532.