HOUSE BILL NO. 4023

A bill to amend 1994 PA 451, entitled

"Natural resources and environmental protection act,"

by amending section 21102a (MCL 324.21102a), as added by 2022 PA 160, and by adding section 21102b.

the people of the state of michigan enact:

Sec. 21102a. (1) Except as provided in subsection (2), a person shall not install an a replacement to an active, installed underground storage tank that meets is located within any of the following conditions:setback distances:

(a) Is within Within 2,000 feet or less of an existing type I community or type IIa noncommunity public water well.

(b) Is within Within 800 feet or less of an existing type IIb or type III noncommunity public water well.

(c) Is within Within 300 feet or less of any other type of well not described in subdivision (a) or (b).

(2) A person that wishes to may install an a replacement to an active, installed underground storage tank that does not meet the conditions is located within the setback distances described under subsection (1) may only replace an active underground storage tank if both of the following requirements are met:

(a) A professional engineer or qualified underground storage tank consultant certifies that a combination of the construction material of the underground storage tank and the leak detection used to monitor the underground storage tank is more likely to prevent and detect a release from the replacement underground storage tank than the existing active, installed underground storage tank.

(b) The facility where the active, existing installed underground storage tank is located is in compliance with this part and the rules promulgated under this part.

(3) As used in this section:

(a) "Professional engineer" means that term as defined in section 2001 of the occupational code, 1980 PA 299, MCL 339.2001.

(b) "Qualified underground storage tank consultant" means an individual who meets the requirements described under section 21325.

Sec. 21102b. (1) Except as provided in subsection (2), a person shall not install a new underground storage tank at a new underground storage tank location or install an additional new underground storage tank at an existing underground storage tank location that is located within any of the following setback distances:

(a) Within 2,000 feet or less of an existing type I community or type IIA noncommunity public water well.

(b) Within 800 feet or less of an existing type IIb or type III noncommunity public water well.

(c) Within 300 feet or less of any other type of well not described in subdivision (a) or (b).

(2) A person may install a new underground storage tank at a new underground storage tank location or an additional new underground storage tank at an existing underground storage tank location that is located within the setback distances described under subsection (1), and is not replacing an existing, installed underground storage tank, as provided for in section 21102a, only if a professional engineer certifies that the proposed location where the underground storage tank will be installed is such that, if a release were to occur from the underground storage tank, no well would be impacted by the release.

(3) A new underground storage tank at a new underground storage tank location and an additional new underground storage tank at an existing underground storage tank location, as described under this section, and a replacement to an active, installed underground storage tank, as described under section 21102a, must not be located within any of the following setback distances:

(a) Within 50 feet or less of a single-family drinking water well.

(b) Within 75 feet or less of an existing type IIb or type III noncommunity public water well.

(c) Within 200 feet or less of an existing type I community or type IIa noncommunity public water well.

(4) As used in this section, "professional engineer" means that term as defined in section 2001 of the occupational code, 1980 PA 299, MCL 339.2001.