Bill Text: MI HB4389 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Environmental protection; hazardous products; firefighting foam containing PFAS; require reports on use of and require department of environmental quality to accept for disposal. Amends heading of subpt. 1 of pt. 147 of 1994 PA 451 (MCL 324.101 - 324.90106) & adds secs. 14701, 14703 & 14705.
Spectrum: Strong Partisan Bill (Republican 10-1)
Status: (Passed) 2020-07-21 - Assigned Pa 132'20 With Immediate Effect [HB4389 Detail]
Download: Michigan-2019-HB4389-Introduced.html
HOUSE BILL No. 4389
March 19, 2019, Introduced by Reps. Allor, Griffin, Crawford, O'Malley, Lower, Rendon, Mueller, Sowerby, Yaroch, Bellino and Vaupel and referred to the Committee on Natural Resources and Outdoor Recreation.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
(MCL 324.101 to 324.90106) by amending the heading of subpart 1 of
part 147 and by adding sections 14701, 14703, 14705, and 14707.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
SUBPART 1 PCB COMPOUNDS
PERFLUOROALKYL AND
POLYFLUOROALKYL
SUBSTANCES
Sec. 14701. As used in this subpart:
(a) "Department" means the department of environmental
quality.
(b) "Fire chief" means that term as defined in section 1 of
the fire prevention code, 1941 PA 207, MCL 29.1.
(c) "Firewater" means water that has been used for
firefighting.
(d) "Organized fire department" means that term as defined in
section 1 of the fire prevention code, 1941 PA 207, MCL 29.1.
(e) "PFAS chemicals" means a class of fluorinated organic
chemicals containing at least 1 fully fluorinated carbon atom and
designed to be fully functional in firefighting foam formulations.
Sec. 14703. (1) Within 48 hours after an organized fire
department uses firefighting foam containing PFAS chemicals, the
fire chief shall submit to the department of environmental quality
a written report that includes all of the following information:
(a) The purpose for which the foam was used.
(b) The physical address and the latitude and longitude of the
location at which the foam was used.
(c) The quantity of foam concentrate used.
(d) The quantity of water used to produce the foam or used in
conjunction with the foam.
(e) The name brand and manufacturer of the foam concentrate.
(f) The name of any water body potentially affected by the
foam or firewater through surface water runoff, groundwater, or a
storm sewer or combined sewer, its distance and direction from the
location at which the foam was used, practices employed for
containment and proper disposal of the foam and firewater, and
whether the foam or firewater is known to have entered the water
body.
(g) Practices employed for cleanup and disposal of materials
contaminated by the foam concentrate, foam, or firewater.
(2) The department may prescribe the format of the report
under subsection (1) and the means by which the report shall be
submitted.
Sec. 14705. The department shall establish a collection
program for firefighting foam concentrate containing intentionally
added PFAS chemicals with a carbon chain of more than 6. Under the
program, the department shall accept the foam concentrate free of
charge and properly dispose of the foam concentrate. The program is
contingent on legislative appropriations to cover program costs.
Sec. 14707. A person that violates section 14703 may be
ordered to pay a civil fine of not more than $500.00. A violation
of section 14703 may be prosecuted by the prosecutor of the county
in which the violation occurred or by the attorney general.
