SENATE BILL NO. 1169

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 existing, installed underground storage tank that meets any of the following conditions:

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

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

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

(2) A person that wishes to install an a replacement underground storage tank that does not meet the conditions described under subsection (1) may only replace an active existing, installed 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, 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 and section 21102b:

(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 meets any of the following conditions:

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

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

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

(2) A person that wishes to 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 does not meet the conditions described under subsection (1) and is not replacing an existing, installed underground storage tank, as provided for in section 21102a, 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 only if a professional engineer or qualified underground storage tank consultant certifies that a combination of the construction material of the underground storage tank, the leak detection used to monitor the underground storage tank, and 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 within the setback distances described in subsection (3) would be impacted by the release.

(3) 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 must not be located within any of the following setback distances:

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

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

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