Bill Text: MI SB0312 | 2019-2020 | 100th Legislature | Introduced

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Bill Title: Environmental protection; cleanups; public notification regarding certain cleanups; require, and provide conditions for approval of remedial action plans. Amends secs. 20105a & 20120d of 1994 PA 451 (MCL 324.20105a & 324.20120d).

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2019-05-09 - Referred To Committee On Environmental Quality [SB0312 Detail]

Download: Michigan-2019-SB0312-Introduced.html

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SENATE BILL No. 312

 

 

May 9, 2019, Introduced by Senator ALEXANDER and referred to the Committee on Environmental Quality.

 

 

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending sections 20105a and 20120d (MCL 324.20105a and

 

324.20120d), section 20105a as added by 1995 PA 71 and section

 

20120d as amended by 2014 PA 542.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 20105a. (1) The department shall annually compile a list

 

of sites that are receiving state funds to conduct response

 

activities. This list shall be arranged in alphabetical order. The

 

department shall annually submit this list to the legislature.

 

     (2) If the department has expended more than $500,000.00 in

 

state funds for response activities at a facility and the facility

 

has not attained compliance with the cleanup criteria for the

residential category provided for in section 20120a(1)(a), the

 

department shall promptly provide public notice of the status of

 

the response activities at the facility. The department's public

 

notice under this subsection shall include 1 or more advertisements

 

in ethnic-minority-owned media.

 

     Sec. 20120d. (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 If the governing body of the local unit of government or

 

by 25 citizens of the local unit of government request a public

 

meeting, 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) A remedial action plan based in whole or part on

 

categorical criteria provided for in section 20120a(1)(c) or (d) or

 

site-specific criteria provided for in section 20120a(2) is not

 

valid or approvable unless the department determines that the

 

remedial action plan complies with this part and is protective of

 

public health and the environment. Before approval of a proposed

 

remedial action plan, response activity plan, or no further action

 

report based on categorical criteria provided for in section

 

20120a(1)(c) or (d) or site-specific criteria provided for in

 

section 20120a(2) and where the department determines that there is

 

significant public interest or that it is otherwise appropriate,

 

the department shall do all of the following:

 

     (a) Publish a notice and brief summary of the proposed

 

remedial action plan, response activity plan, or no further action

 

report.

 

     (b) Provide for public review and comment pertinent to

 

documents relating to the proposed remedial action plan, response

 

activity plan, or no further action report.

 

     (c) Provide an opportunity for Publish notice of and conduct a

 

public meeting at or near the facility. when any of the following

 

occur:If the public meeting concerns a remedial action plan, the

department shall, at the meeting, articulate its determination that

 

the remedial action plan complies with this part and is protective

 

of public health and the environment.

 

     (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, response activity plan, or no

 

further action report.

 

     (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 and ethnic-minority-owned media.

 

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, response activity plan, or no further action report.

 

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 remedial actions

 

planned or completed.

 

     (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 but 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.