Bill Text: MI SB0532 | 2011-2012 | 96th Legislature | Introduced
Bill Title: Environmental protection; underground storage tanks; liability and cleanup procedures; modify. Amends secs. 21313a, 21319a & 21323 of 1994 PA 451 (MCL 324.21313a et seq.). TIE BAR WITH: SB 0528'11, SB 0529'11, SB 0530'11, SB 0531'11, SB 0533'11
Spectrum: Partisan Bill (Republican 5-0)
Status: (Passed) 2012-05-03 - Assigned Pa 0112'12 With Immediate Effect [SB0532 Detail]
Download: Michigan-2011-SB0532-Introduced.html
SENATE BILL No. 532
June 28, 2011, Introduced by Senators KOWALL, PAPPAGEORGE, MARLEAU, PROOS and WALKER and referred to the Committee on Natural Resources, Environment and Great Lakes.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 21313a, 21319a, and 21323 (MCL 324.21313a,
324.21319a, and 324.21323), section 21313a as amended by 1996 PA
116 and section 21319a as added and section 21323 as amended by
1995 PA 22.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
21313a. (1) Beginning on the effective date of the
amendatory
act that added subsection (7), except Except as provided
in
subsection (7), (6), and except for the confirmation provided in
section
21312a(2), if a report is not completed or a required
submittal under section 21308a, 21311a, or 21312a(1) is not
provided during the time required, the department may impose a
penalty according to the following schedule:
(a)
Not more than $100.00 $50.00
per day for the first 7 days
that the report is late.
(b)
Not more than $500.00 $250.00
per day for days 8 through
14 that the report is late.
(c)
Not more than $1,000.00 $500.00
per day for each day
beyond day 14 that the report is late.
(2)
For Subject to subsection
(6), for purposes of this
section, in computing a period of time, the day of the act, event,
or default, after which the designated period of time begins to run
is not included. The last day of the period is included, unless it
is a Saturday, Sunday, legal holiday, or holiday, in which event
the period runs until the end of the next day that is not a
Saturday, Sunday, legal holiday, or holiday.
(3) The department may, upon request, grant an extension to a
reporting deadline provided in this part for good cause upon
written request 15 days prior to the deadline.
(4) The owner or operator may by contract transfer the
responsibility for paying fines under this section to a consultant
retained by the owner or operator.
(5) The department shall forward all money collected pursuant
to this section to the state treasurer for deposit in the emergency
response fund created in section 21507.
(6)
An appeal of a penalty imposed under this section may be
taken
pursuant to section 631 of the revised judicature act of
1961,
Act No. 236 of the Public Acts of 1961, being section 600.631
of
the Michigan Compiled Laws.
(6) (7)
A penalty shall not begin to accrue
under this section
unless the department has first notified the person on whom the
penalty is imposed that he or she is subject to the penalties
provided in this section.
Sec. 21319a. (1) In accordance with this section, if the
department determines that there may be an imminent risk to the
public health, safety, or welfare, or the environment, because of a
release or threatened release, the department may require an owner
or operator to take action as may be necessary to abate the danger
or threat.
(2) The department may issue an administrative order to an
owner or operator requiring that person to perform corrective
actions relating to a facility, or to take any other action
required by this part. An order issued under this section shall
state with reasonable specificity the basis for issuance of the
order and specify a reasonable time for compliance.
(3) Within 30 days after issuance of an administrative order
under this section, a person to whom the order was issued shall
indicate in writing whether the person intends to comply with the
order.
(4) A person who, without sufficient cause, violates or fails
to properly comply with an administrative order issued under this
section
is liable for either or both of the following:
(a)
A a civil fine of not more than $25,000.00 for each day
during which the violation occurs or the failure to comply
continues. A fine imposed under this subsection shall be based upon
the seriousness of the violation and any good faith efforts by the
violator to comply with the administrative order.
(b)
For exemplary damages in an amount at least equal to the
amount
of any costs of response activity incurred by the state as a
result
of a failure to comply with an administrative order but not
more
than 3 times the amount of these costs.
(5) A person to whom an administrative order was issued under
this section and who complied with the terms of the order who
believes that the order was arbitrary and capricious or unlawful
may petition the department, within 60 days after completion of the
required action, for reimbursement for the reasonable costs of the
action plus interest and other necessary costs incurred in seeking
reimbursement under this subsection. If the department refuses to
grant all or part of the petition, the petitioner may, within 30
days of receipt of the refusal, file an action against the
department in the court of claims seeking this relief. A failure by
the department either to grant or deny all or any part of a
petition within 120 days of receipt constitutes a denial of that
part of the petition which shall be reviewable as final agency
action in the court of claims. To obtain reimbursement, the
petitioner shall establish by a preponderance of the evidence that
the petitioner is not an owner or operator or that the action
ordered was arbitrary and capricious or unlawful, and in either
instance that costs for which the petitioner seeks reimbursement
are reasonable in light of the action required by and undertaken
under the relevant order.
Sec. 21323. (1) The attorney general may, on behalf of the
department, commence a civil action seeking any of the following:
(a) A temporary or permanent injunction.
(b) Recovery of all costs incurred by the state for taking
corrective action.
(c) Damages for the full injury done to the natural resources
of this state along with enforcement and litigation costs incurred
by the state.
(d)
A Subject to section
21313a, a civil fine of not more than
$10,000.00 for each underground storage tank system for each day of
noncompliance with a requirement of this part or a rule promulgated
under this part. A fine imposed under this subdivision shall be
based upon the seriousness of the violation and any good faith
efforts by the violator to comply with the part or rule.
(e) A civil fine of not more than $25,000.00 for each day of
noncompliance with a corrective action order issued pursuant to
this part. A fine imposed under this subdivision shall be based
upon the seriousness of the violation and any good faith efforts by
the violator to comply with the corrective action order.
(f) Recovery of funds provided to the state from the United
States environmental protection agency's leaking underground
storage tank trust fund.
(2) A civil action brought under subsection (1) may be brought
in
the circuit court for the county of Ingham, for the county where
the
release occurred , or for
the county where the defendant
resides.
(3) The state may, when appropriate, return to the United
States environmental protection agency any federal funds recovered
under this part. The state may also retain any federal funds
recovered under this part in a separate account for use in
implementing this part, with such use subject to approval of the
United States environmental protection agency.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 96th Legislature are
enacted into law:
(a) Senate Bill No. 528.
(b) Senate Bill No. 529.
(c) Senate Bill No. 531.
(d) Senate Bill No. 533.
(e) Senate Bill No. 530.
