April 23, 2015, Introduced by Reps. Sarah Roberts, Irwin, Singh, Driskell, Geiss, Plawecki, Darany, Robinson, Dillon, Hoadley and Hovey-Wright and referred to the Committee on Natural Resources.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 3106 (MCL 324.3106) and by adding section 32517
and part 618.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3106. (1) The department shall establish pollution
standards for lakes, rivers, streams, and other waters of the state
in relation to the public use to which they are or may be put, as
it considers necessary. The department shall issue permits that
will
assure ensure compliance with state standards to regulate
municipal, industrial, and commercial discharges or storage of any
substance that may affect the quality of the waters of the state.
The
department may set permit restrictions that will assure ensure
compliance with applicable federal law and regulations. The
department may ascertain and determine for record and in making its
order what volume of water actually flows in all streams, and the
high and low water marks of lakes and other waters of the state,
affected by the waste disposal or pollution of any persons. The
department may promulgate rules and issue orders restricting the
polluting content of any waste material or polluting substance
discharged or sought to be discharged into any lake, river, stream,
or other waters of the state. The department shall take all
appropriate steps to prevent any pollution the department considers
to be unreasonable and against public interest in view of the
existing conditions in any lake, river, stream, or other waters of
the state.
(2) Notwithstanding any other provision of this part or the
rules promulgated under this part, a pipeline used to transport
crude oil or petroleum is not exempt from and shall comply with
part 5 of the water resources protection rules, R 324.2001 to R
324.2009 of the Michigan administrative code.
Sec. 32517. A pipeline that is located on the bottomlands of
the Great Lakes shall be operated in such a manner that it does not
pose a threat to public health, safety, welfare, or the environment
or the public trust in the waters of the Great Lakes. To ensure
compliance with this section, the department shall inspect
pipelines located on bottomlands on a regular basis and may impose
conditions on their operation, such as sufficient anchors.
PART 618 PIPELINE SPILL EMERGENCY RESPONSE
Sec. 61801. As used in this part:
(a) "Commission" means the Michigan public service commission.
(b) "Department" means the department of environmental
quality.
(c) "Emergency response plan" means an emergency response plan
as provided for in section 61803.
(d) "Pipeline" means a pipeline regulated under 1929 PA 16,
MCL 483.1 to 483.11, or 1969 PA 165, MCL 483.151 to 483.162.
(e) "Release" means that term as it is defined in part 201.
Sec. 61802. The department shall provide regulatory oversight
over releases from pipelines in this state.
Sec. 61803. (1) The owner or operator of a pipeline in this
state shall prepare and submit to the department and the commission
an emergency response plan.
(2) An emergency response plan prepared under this section
shall contain all of the following:
(a) All information required for emergency response plans
under 49 CFR 194.
(b) Additional information required by rule.
Sec. 61804. The owner or operator of a pipeline in this state
shall conduct release response drills at a frequency determined by
rule to practice implementing the owner's or operator's emergency
response plan in the event of a release from the pipeline. A
release response drill shall include consultations with local units
of government in the vicinity of the pipeline that may be able to
assist in release response if a release from the pipeline occurs.
Sec. 61805. (1) If the owner or operator of a pipeline obtains
knowledge that there is or may be a release from the pipeline, the
owner or operator shall immediately notify the department.
(2) If an agency of a local unit of government with
responsibility for public safety obtains knowledge that there is or
may be a release from a pipeline, the agency shall immediately
notify the department.
Sec. 61806. If the owner or operator of a pipeline obtains
knowledge of a release from the pipeline, the owner or operator
shall immediately notify all property owners affected by the
release.
Sec. 61809. The department may promulgate rules to implement
this part.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 98th Legislature are
enacted into law:
(a) Senate Bill No.____ or House Bill No. 4512 (request no.
00501'15).
(b) Senate Bill No.____ or House Bill No. 4513 (request no.
01330'15).