NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT (EXCERPT)
Act 451 of 1994
324.20120d Public meeting; notice; publication; summary document; administrative record; comments or information not included in record.
(1) At a facility where state funds will be spent to develop or implement a remedial action plan or where the department determines there is a significant public interest, within 30 days after the completion of a remedial investigation for the facility, the department shall provide the county and the township, city, or village in which the facility is located a notice of the completion of the remedial investigation, a summary of the remedial investigation, and notice of an opportunity for residents of the local unit of government to meet with the department regarding the remedial investigation and any proposed feasibility study for the facility. Upon a request for a public meeting by the governing body of the local unit of government or by 25 citizens of the local unit of government, the department shall, within 30 days of the request, meet with persons in the local unit of government. The person or persons requesting the public meeting shall publicize and provide accommodations for the meeting. The meeting shall be held in the local unit of government in which the facility is located. The department shall provide copies of the notices and summary required in this subsection to the governing body of the local unit of government, to the known persons who are liable under section 20126, and to the main public library of the local unit of government in which the facility is located. The department shall send representatives to the meeting who are familiar with the facility and who are involved with determining the appropriate remedial actions to be taken at the facility. Persons who are liable under section 20126 for the facility may send representatives to the meeting.
(2) Before approval of a proposed remedial action plan which is to be implemented with money from the fund, or is based on categorical criteria provided for in section 20120a(1)(c) or (d) or (2), or if section 20118(5) or (6) applies, or the department determines that there is significant public interest, the department shall do all of the following:
(a) Publish a notice and brief summary of the proposed remedial action plan.
(b) Provide for public review and comment pertinent to documents relating to the proposed remedial action plan, including, if applicable, the feasibility study that outlines alternative remedial action measures considered.
(c) Provide an opportunity for a public meeting at or near the facility when any of the following occur:
(i) The department determines that there is a significant public interest or that for any other reason a public meeting is appropriate.
(ii) A city, township, or village in which the facility is located, by a majority vote of its governing body, requests a public meeting.
(iii) A local health department with jurisdiction in the area in which the facility is located requests a public meeting.
(d) Provide a document that summarizes the major issues raised by the public and how they are to be addressed by the final approved remedial action plan.
(3) For purposes of this section, publication shall include, at a minimum, publication in a local newspaper or newspaper of general circulation in this state. In addition, the administrative record shall be made available by the department for inspection by members of the public at or near the facility and in Lansing.
(4) The department shall prepare a summary document that explains the reasons for the selection or approval of a remedial action plan under subsection (2). In addition, the department shall compile an administrative record of the decision process that results in the selection of a remedial action plan. The administrative record shall contain all of the following:
(a) Remedial investigation data regarding the facility.
(b) If applicable, a feasibility study and potential remedial actions.
(c) If applicable, a summary document that explains the reasons why a remedial investigation or feasibility study was not conducted.
(d) Applicable comments and information received from the public, if any.
(e) If applicable, a document that summarizes the significant concerns raised by the members of the public and how they are to be addressed.
(f) Other information appropriate to the facility.
(5) If comments or information are submitted for inclusion in the administrative record that are not included in the administrative record, a brief explanation of why the information was not considered relevant shall be sent to the party by the department and included in the record.
History: Add. 1995, Act 71, Imd. Eff. June 5, 1995
Am. 1996, Act 380, Imd. Eff. July 24, 1996
Am. 1996, Act 383, Imd. Eff. July 24, 1996
Am. 2010, Act 228, Imd. Eff. Dec. 14, 2010
Popular Name: Act 451
Popular Name: Environmental Remediation
Popular Name: Environmental Response Act
Popular Name: NREPA
© 2009 Legislative Council, State of Michigan