Section 324.20118 - Response activity; purposes of remedial action; alternatives; referred remedial actions; approval of plan; conditions; record; analysis of source control measures; liability; aquif
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT (EXCERPT)
Act 451 of 1994
324.20118 Response activity; purposes of remedial action; alternatives; referred remedial actions; approval of plan; conditions; record; analysis of source control measures; liability; aquifer monitoring plan; innovative cleanup technologies.
Sec. 20118.
(1) The department may take response activity or approve of response activity proposed by a person that is consistent with this part and the rules promulgated under this part relating to the selection and implementation of response activity that the department concludes is necessary and appropriate to protect the public health, safety, or welfare, or the environment.
(2) Remedial action undertaken under subsection (1) at a minimum shall accomplish all of the following:
(a) Assure the protection of the public health, safety, and welfare, and the environment.
(b) Except as otherwise provided in subsections (5) and (6), attain a degree of cleanup and control of hazardous substances that complies with all applicable or relevant and appropriate requirements, rules, criteria, limitations, and standards of state and federal environmental law.
(c) Except as otherwise provided in subsections (5) and (6), be consistent with any cleanup criteria incorporated in rules promulgated under this part.
(3) The cost effectiveness of alternative means of complying with this section shall be considered by the department only in selecting among alternatives that meet all of the criteria of subsection (2).
(4) Remedial actions that permanently and significantly reduce the volume, toxicity, or mobility of the hazardous substances are to be preferred.
(5) The department may select or approve of a remedial action plan meeting the criteria provided for in section 20120a that does not attain a degree of control or cleanup of hazardous substances that complies with R 299.5705(5) or R 299.5705(6) of the Michigan administrative code, or both, if the department makes a finding that the remedial action is protective of the public health, safety, and welfare, and the environment. Notwithstanding any other provision of this subsection, the department shall not approve of a remedial action plan that does not attain a degree of control or cleanup of hazardous substances that complies with R 299.5705(5) or R 299.5705(6) of the Michigan administrative code if the remedial action plan is being implemented by a person who is liable under section 20126 and the release was grossly negligent or intentional, unless attaining that degree of control is technically infeasible, or the adverse environmental impact of implementing a remedial action to satisfy the rule would exceed the environmental benefit of that remedial action.
(6) A remedial action plan may be selected or approved pursuant to subsection (5) with regard to R 299.5705(5) or R 299.5705(6), or both, of the Michigan administrative code, if the department determines, based on the administrative record, that 1 or more of the following conditions are satisfied:
(a) Compliance with R 299.5705(5) or R 299.5705(6), or both, of the Michigan administrative code is technically impractical.
(b) The remedial action selected or approved will, within a reasonable period of time, attain a standard of performance that is equivalent to that required under R 299.5705(5) or R 299.5705(6) of the Michigan administrative code.
(c) The adverse environmental impact of implementing a remedial action to satisfy R 299.5705(5) or R 299.5705(6), or both, of the Michigan administrative code would exceed the environmental benefit of the remedial action.
(d) The remedial action provides for the reduction of hazardous substance concentrations in the aquifer through a naturally occurring process that is documented to occur at the facility and both of the following conditions are met:
(i) It has been demonstrated that there will be no adverse impact on the environment as the result of migration of the hazardous substances during the remedial action, except for that part of the aquifer specified in and approved by the department in the remedial action plan.
(ii) The remedial action includes enforceable land use restrictions or other institutional controls necessary to prevent unacceptable risk from exposure to the hazardous substances, as defined by the cleanup criteria approved as part of the remedial action plan.
(7) If the department approves of a remedial action plan pursuant, in part, to subsections (5) and (6), the administrative record for the facility shall include a complete explanation of the basis of the department's decision under subsections (5) and (6). In addition, the intent of and the basis for the exercise of authority provided for in subsections (5) and (6) shall be part of an analysis of the recommended alternatives if 1 is required pursuant to R 299.5605(1)(a) of the Michigan administrative code.
(8) A remedial action plan approved by the department shall include an analysis of source control measures already implemented or proposed, or both. A remedial action plan may incorporate by reference an analysis of source control measures provided in a feasibility study.
(9) Any liability a person may have under this part shall be unaffected by a decision of the department pursuant to subsection (5), (6), or (7), including liability for natural resources damages pursuant to section 20126a(1)(c).
(10) An aquifer monitoring plan shall be part of all remedial action plans that address aquifer contamination. The aquifer monitoring plan shall include all of the following:
(a) Information addressed by R 299.5519(2)(a) to (l) of the Michigan administrative code.
(b) Identification of points of compliance for judging the effectiveness of the remedial action.
(c) Identification of points of compliance if standards based on section 20120a(1)(a) are required to be met as part of the remedial action.
(11) The department may determine that a monitoring plan is not required pursuant to subsection (10) if the person conducting the remedial action demonstrates that the horizontal and vertical extent of hazardous substance concentrations in the aquifer above those allowed by the criteria based on section 20120a(1)(a) will not significantly increase in the absence of active removal of those hazardous substances from the aquifer. The department's determination pursuant to this subsection shall be based on the administrative record and include an explanation of the basis for the determination.
(12) The department shall encourage the use of innovative cleanup technologies. Before July 1, 1995, the department shall undertake 3 pilot projects to demonstrate innovative cleanup technologies at facilities where money from the fund is used.
History: 1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 1995, Act 71, Imd. Eff. June 5, 1995
Popular Name: Act 451
Popular Name: Environmental Remediation
Popular Name: Environmental Response Act
Popular Name: NREPA