SENATE BILL No. 533

 

 

June 28, 2011, Introduced by Senators GREEN, 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 21326 and 21327 (MCL 324.21326 and 324.21327).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 21326. (1) Upon request of the department for the purpose

 

of developing or assisting in the development of a rule, conducting

 

an investigation, taking corrective action, or enforcing this part,

 

the owner or operator shall furnish the department with all

 

information about all of the following:

 

     (a) The underground storage tank system and its associated

 

equipment.

 

     (b) The past or present contents of the underground storage

 

tank system.

 

     (c) Any releases and investigations of releases.

 


     (2) The department has the right to enter at all reasonable

 

times in or upon any private or public property for any of the

 

following purposes:

 

     (a) Inspecting an underground storage tank system.

 

     (b) Obtaining samples of any substance from an underground

 

storage tank system.

 

     (c) Requiring and supervising the conduct of monitoring or

 

testing of an underground storage tank system, its associated

 

equipment, or contents.

 

     (d) Conducting monitoring or testing of an underground storage

 

tank system in cases where there is no identified responsible

 

party.

 

     (e) Conducting monitoring or testing, or taking samples of

 

soils, air, surface water, or groundwater.

 

     (f) Taking corrective action.

 

     (g) Inspecting and copying any records related to an

 

underground storage tank system.

 

     (3) All inspections and investigations undertaken by the

 

department under this section shall be commenced and completed with

 

reasonable promptness.

 

     (4) The attorney general, on behalf of the department, may do

 

either of the following:

 

     (a) Petition a court of appropriate jurisdiction for a warrant

 

to authorize access to any private or public property to implement

 

this part.

 

     (b) Commence a civil action pursuant to section 21323 for an

 

order authorizing the department to enter any private or public

 


property as necessary to implement this part.

 

     Sec. 21327. (1) The Within 1 year after the effective date of

 

the amendatory act that amended this section, the department may

 

shall promulgate rules as necessary to implement this part.

 

     (2) The rules promulgated by the department shall adopt by

 

reference the American society for testing and materials (ASTM)

 

documents entitled standard guide for risk-based corrective action

 

applied at petroleum release sites, designation E 1739-95; standard

 

guide for development of conceptual site models and remediation

 

strategies for light nonaqueous-phase liquids released to the

 

subsurface, designation E 2531-06; and guide for risk-based

 

corrective action, designation E 2801.

 

     (3) The department shall not promulgate a rule under this part

 

that is more stringent than the applicable federal standard.

 

     (4) The department shall not promulgate a rule or promulgate a

 

revision to a rule under this part unless it has conducted a study

 

to determine whether the benefit to public health, safety, and

 

welfare and the environment exceeds the cost of implementing the

 

proposed rule by owners or operators. The results of the study

 

conducted under this section shall be included in the notice

 

required under section 41 of the administrative procedures act of

 

1969, 1969 PA 306, MCL 24.241.

 

     (5) If a rule proposed for adoption under this part

 

establishes or modifies a cleanup criterion for corrective action,

 

the department shall demonstrate that the proposed cleanup

 

criterion complies with section 21304a(3).

 

     (6) A guideline, bulletin, interpretive statement, operational

 


memorandum, or form with instructions published under this part

 

shall not be given the force and effect of law by the department

 

and is considered merely advisory. The department shall not rely

 

upon a guideline, bulletin, interpretive statement, operational

 

memorandum, or form with instructions to support the department's

 

decision to act or refuse to act. A court shall not rely upon a

 

guideline, bulletin, interpretive statement, operational

 

memorandum, or form with instructions to uphold the department's

 

decision.

 

     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. 530.                                    

 

            

 

     (e) Senate Bill No. 532.