HOUSE BILL NO. 4314
February 23, 2021, Introduced by Reps. Rabhi, Puri, Brabec, Hope, Garza, Pohutsky, Hood, Kuppa, Sowerby, Aiyash, Cherry, Young, Rogers, Cavanagh, Brixie, O'Neal, Stone, Manoogian, Lasinski, Cynthia Johnson, Steckloff, Camilleri, Hammoud, Weiss, Sneller, Koleszar, Bolden, Morse, Thanedar, LaGrand, Ellison, Tate, Breen, Neeley, Tyrone Carter, Liberati, Steenland, Coleman, Cambensy, Peterson, Scott, Brenda Carter, Clemente, Hertel, Sabo, Shannon, Whitsett, Haadsma, Anthony and Yancey and referred to the Committee on Natural Resources and Outdoor Recreation.
"Natural resources and environmental protection act,"
by amending sections 20118, 20120a, 20120b, 20120e, and 20121 (MCL 324.20118, 324.20120a, 324.20120b, 324.20120e, and 324.20121), section 20118 as amended and section 20121 as added by 2014 PA 542, sections 20120a and 20120b as amended by 2018 PA 581, and section 20120e as amended by 2012 PA 190.
the people of the state of michigan enact:
Sec. 20118. (1) The department may take response activity or approve of response activity proposed by a person that is consistent with this part and the rules promulgated under this part relating to the selection and implementation of response activity that the department concludes is necessary and appropriate to protect the public health, safety, or welfare, or the environment.
(2) Remedial action undertaken under subsection (1) may address all or a portion of contamination at a facility as follows:
(a) Remedial action may address 1 or more releases at a facility.
(b) Remedial action may address 1 or more hazardous substances at a facility.
(c) Remedial action may address contamination in 1 or more environmental media at a facility.
(d) Remedial action may address contamination within the entire facility or only a portion of a facility.
(e) Remedial action may address contamination at a facility through any combination of subdivisions (a) through to (d).
(3) Remedial action undertaken under subsection (1) shall must accomplish all of the following:
(a) Assure Ensure the protection of the public health, safety, and welfare, and the environment with respect to the environmental contamination addressed by the remedial action.
(b) Except as otherwise provided in subsections (4) and (5), attain a degree of cleanup and control of the environmental contamination addressed by the remedial action that meets both of the following requirements:
(i) To the extent technically feasible, meets the cleanup criteria for unrestricted residential use and restores any affected aquifer to state drinking water standards as that term is defined in section 2 of the safe drinking water act, 1976 PA 399, MCL 325.1002.
(ii) Otherwise complies with all applicable or relevant and appropriate requirements, rules, criteria, limitations, and standards of state and federal environmental law.
(c) Except as otherwise provided in subsections (4) and (5), be consistent with any cleanup criteria incorporated in rules promulgated under this part for the environmental contamination addressed by the remedial action.
(4) The department may select or approve of a remedial action meeting the criteria provided for in section 20120a that does not attain a degree of control or cleanup of hazardous substances that complies with R 299.3(5) or R 299.3(6) of the Michigan administrative code, Administrative Code, or both, if the department makes a finding that the degree of control or cleanup that will be achieved is the greatest technically feasible and that the selected or approved remedial action is protective of the public health, safety, and welfare, and the environment. Notwithstanding any other provision of this subsection, the department shall not approve of a remedial action that does not attain a degree of control or cleanup of hazardous substances that complies with R 299.3(5) or R 299.3(6) of the Michigan administrative code Administrative Code if the remedial action is being implemented by a person who that is liable under section 20126 and the release was grossly negligent or intentional, unless attaining that degree of control is technically infeasible, or the adverse environmental impact of implementing a remedial action to satisfy the rule would exceed the environmental benefit of that remedial action.
(5) A remedial action may be selected or approved pursuant to under subsection (4) with regard to R 299.3(5) or R 299.3(6), or both, of the Michigan administrative code, Administrative Code,