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 - Dead) 2019-05-09 - Referred To Committee On Environmental Quality [SB0313 Detail]
Download: Michigan-2019-SB0313-Introduced.html
SENATE BILL No. 313
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
228.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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
approval.
(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.