June 28, 2011, Introduced by Senators MEEKHOF, 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 21302 and 21303 (MCL 324.21302 and 324.21303),
section 21302 as amended by 1995 PA 22 and section 21303 as amended
by 1996 PA 116.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 21302. As used in this part:
(a) "All appropriate inquiry" means an evaluation of
environmental conditions at a property at the time of purchase,
occupancy, or foreclosure that reasonably defines the existing
conditions and circumstances at the property in conformance with 40
CFR 312.
(b) "Baseline environmental assessment" means a written
document that describes the results of an all appropriate inquiry
and the sampling and analysis that confirm that the property is a
site. However, for purposes of a baseline environmental assessment,
the all appropriate inquiry under 40 CFR 312.20(a) may be conducted
within 45 days after the date of acquisition of a property and the
components of an all appropriate inquiry under 40 CFR 312.20(b) and
40 CFR 312.20(c)(3) may be conducted or updated within 45 days
after the date of acquisition of a property.
(c) (a)
"Biota" means the plant
and animal life in an area
affected by a corrective action plan.
(d) (b)
"Consultant" means a person
on the list of qualified
underground storage tank consultants prepared pursuant to section
21542.
(e) (c)
"Contamination" means the
presence of a regulated
substance in soil or groundwater that has been released from an
underground storage tank system at a concentration exceeding
cleanup criteria under this part for residential use.
(f) (d)
"Corrective action" means
the investigation,
assessment, cleanup, removal, containment, isolation, treatment, or
monitoring of regulated substances released into the environment,
or the taking of such other actions under this part as may be
necessary to prevent, minimize, or mitigate injury to the public
health, safety, or welfare, the environment, or natural resources.
(g) (e)
"De minimis spill" means
a spill of petroleum as that
term is described in section 21303(d)(ii) that contaminates not more
than 20 cubic yards of soil per underground storage tank or 50
cubic yards of soil per location, in which groundwater has not been
affected by the spill, and which is abated pursuant to section
21306.
(h) (f)
"Free product" means a
regulated 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.
(i) (g)
"Groundwater" means water
below the land surface in
the zone of saturation.
(j) (h)
"Heating oil" means
petroleum that is no. 1, no. 2,
no. 4-light, no. 4-heavy, no. 5-light, no. 5-heavy, and no. 6
technical grades of fuel oil; other residual fuel oils including
navy special fuel oil and bunker c; and other fuels when used as
substitutes for 1 of these fuel oils. Heating oil is typically used
in the operation of heating equipment, boilers, or furnaces.
(k) (i)
"Local unit of
government" means a city, village,
township, county, fire department, or local health department 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.
Sec. 21303. As used in this part:
(a) "Operator" means a person who is presently, or was at the
time of a release, in control of, or responsible for, the operation
of
an underground storage tank system. and who is liable under part
201.
(b) "Owner" means a person who holds, or at the time of a
release who held, a legal, equitable, or possessory interest of any
kind in an underground storage tank system or in the property on
which an underground storage tank system is located including, but
not
limited to, a trust, vendor, vendee, lessor, or lessee. and
who
is
liable under part 201.
(c) "RBCA" means the American society for testing and
materials (ASTM) document entitled standard guide for risk-based
corrective action applied at petroleum release sites, designation E
1739-95, which is hereby incorporated by reference.
(d) "Regulated substance" means any of the following:
(i) A substance defined in section 101(14) of title I of the
comprehensive environmental response, compensation, and liability
act
of 1980, Public Law 96-510, 42 U.S.C. USC 9601, but not
including a substance regulated as a hazardous waste under subtitle
C of the solid waste disposal act, title II of Public Law 89-272,
42
U.S.C. USC 6921
to 6939e.
(ii) Petroleum, including crude oil or any fraction of crude
oil that is liquid at standard conditions of temperature and
pressure (60 degrees Fahrenheit and 14.7 pounds per square inch
absolute). Petroleum includes but is not limited to mixtures of
petroleum with de minimis quantities of other regulated substances
and petroleum-based substances composed of a complex blend of
hydrocarbons derived from crude oil through processes of
separation, conversion, upgrading, or finishing such as motor
fuels, jet fuels, distillate fuel oils, residual fuel oils,
lubricants, and petroleum solvents.
(iii) A substance listed in section 112 of part A of title I of
the
clean air act, chapter 360, 84 Stat. 1685, 42 U.S.C. USC
7412.
(e) "Release" means any spilling, leaking, emitting,
discharging, escaping, or leaching from an underground storage tank
system into groundwater, surface water, or subsurface soils.
(f) "Site" means a location where a release has occurred or a
threat of release exists from an underground storage tank system,
excluding any location where corrective action was completed which
satisfies the cleanup criteria for unrestricted residential use
under this part.
(g) "Threat of release" or "threatened release" means any
circumstance that may reasonably be anticipated to cause a release.
Threat of release or threatened release does not include the
ownership or operation of an underground storage tank system if the
underground storage tank system is operated in accordance with part
211 and rules promulgated under that part.
(h) "Tier I", "tier II", and "tier III" mean those terms as
they are used in RBCA.
(i) "Underground storage tank system" means a tank or
combination of tanks, including underground pipes connected to the
tank or tanks, which is, was, or may have been used to contain an
accumulation of regulated substances, and the volume of which,
including the volume of the underground pipes connected to the tank
or tanks, is 10% or more beneath the surface of the ground. An
underground storage tank system does not include any of the
following:
(i) A farm or residential tank of 1,100 gallons or less
capacity used for storing motor fuel for noncommercial purposes.
(ii) A tank used for storing heating oil for consumptive use on
the premises where the tank is located.
(iii) A septic tank.
(iv) A pipeline facility, including gathering lines regulated
under either of the following:
(A) The natural gas pipeline safety act of 1968, Public Law
90-481,
49 U.S.C. USC Appx
1671 to 1677, 1679a to 1682, and 1683 to
1687.
(B) Sections 201 to 215 and 217 of the hazardous liquid
pipeline safety act of 1979, title II of Public Law 96-129, 49
U.S.C.
USC Appx
2001 to 2015.
(v) A surface impoundment, pit, pond, or lagoon.
(vi) A storm water or wastewater collection system.
(vii) A flow-through process tank.
(viii) A liquid trap or associated gathering lines directly
related to oil or gas production and gathering operations.
(ix) A storage tank situated in an underground area such as a
basement, cellar, mineworking, drift, shaft, or tunnel if the
storage tank is situated upon or above the surface of the floor.
(x) Any pipes connected to a tank that is described in
subdivisions (i) to (ix).
(xi) An underground storage tank system holding hazardous
wastes listed or identified under subtitle C of the solid waste
disposal
act, title II of Public Law 89-272, 42 U.S.C. USC
6921 to
6939e, or a mixture of such hazardous waste and other regulated
substances.
(xii) A wastewater treatment tank system that is part of a
wastewater treatment facility regulated under section 307(b) of
title III or section 402 of title IV of the federal water pollution
control
act, 33 U.S.C. USC 1317
and 1342.
(xiii) Equipment or machinery that contains regulated substances
for operational purposes such as hydraulic lift tanks and
electrical equipment tanks.
(xiv) An underground storage tank system that has a capacity of
110 gallons or less.
(xv) An underground storage tank system that contains a de
minimis concentration of regulated substances.
(xvi) An emergency spill or overflow containment underground
storage tank system that is expeditiously emptied after use.
(j) "Vadose zone" means the zone between the land surface and
the water table, or zone of saturation. Vadose zone is also known
as an unsaturated zone or a zone of aeration.
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. 533.
(d) Senate Bill No. 530.
(e) Senate Bill No. 532.