Bill Text: MI SB0313 | 2019-2020 | 100th Legislature | Introduced

Bill Title: Environmental protection; cleanups; failure of the department to timely approve or deny a response activity plan; eliminate provision for automatic approval. Amends sec. 20114b of 1994 PA 451 (MCL 324.20114b).

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-05-09 - Referred To Committee On Environmental Quality [SB0313 Detail]

Download: Michigan-2019-SB0313-Introduced.html

















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 section 20114b (MCL 324.20114b), as added by 2010 PA






     Sec. 20114b. (1) Subject to section 20114(1)(h), a person


undertaking response activity under this part may submit to the


department a response activity plan that includes a request for


department approval of 1 or more aspects of response activity.


     (2) A person who that submits a response activity plan under


this section and who that is not subject to an administrative order


or agreement or judicial decree that requires prior department


approval of response activity shall submit a response activity plan


review request form with the response activity plan. The department


shall specify the required content of the response activity request


form and make the form available on the department's website.


     (3) Upon receipt of a response activity plan submitted for


approval under this subsection, the department shall approve,


approve with conditions, or deny the response activity plan, or


shall notify the submitter that the plan does not contain


sufficient information for the department to make a decision. The


department shall provide its determination within 150 days after


the plan was received by the department unless the plan requires


public participation under section 20120d(2). If the plan requires


public participation under section 20120d(2), the department shall


respond within 180 days. If the department's response is that the


plan does not include sufficient information, the department shall


identify the information that is required for the department to


make a decision. If a plan is approved with conditions, the


department's approval shall state with specificity the conditions


of the approval. If the plan is denied, the department's denial


shall, to the extent practical, state with specificity all of the


reasons for denial.


     (4) If the department fails to provide a written response


within the time frames required by subsection (3), the response


activity plan is considered approved. If the department denies a


response activity plan under subsection (3), a person may


subsequently revise and resubmit the response activity plan for



     (5) Any time frame required by this section may be extended by


mutual agreement of the department and a person submitting a


response activity plan. An agreement extending a time frame shall


be in writing.


     (6) A person requesting approval of a response activity plan


may appeal the department's decision in accordance with section


20114e, if applicable.