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

 

 

 

 

 

 

 

 

 

 

 

 

 

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.

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