Section 324.21304a - Corrective action activities; conduct; manner; establishment of cleanup criteria; carcinogenic risk from regulated substance; cleanup criterion for groundwater differing from cert
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT (EXCERPT)
Act 451 of 1994
324.21304a Corrective action activities; conduct; manner; establishment of cleanup criteria; carcinogenic risk from regulated substance; cleanup criterion for groundwater differing from certain standards; response activities by owner or operator of underground storage tank.
Sec. 21304a.
(1) Corrective action activities undertaken pursuant to this part shall be conducted in accordance with the process outlined in RBCA in a manner that is protective of the public health, safety, and welfare, and the environment.
(2) Subject to subsections (3) and (4), the department shall establish cleanup criteria for corrective action activities undertaken under this part using the process outlined in RBCA. The department shall utilize only reasonable and relevant exposure assumptions and pathways in determining the cleanup criteria.
(3) If a regulated substance poses a carcinogenic risk to humans, the cleanup criteria derived for cancer risk shall be the 95% upper bound on the calculated risk of 1 additional cancer above the background cancer rate per 100,000 individuals using the exposure assumptions and pathways established by the department and the process in RBCA. If a regulated substance poses a risk of both cancer and an adverse health effect other than cancer, cleanup criteria shall be derived for cancer and each adverse health effect.
(4) If a cleanup criterion for groundwater differs from either (a) the state drinking water standard established pursuant to section 5 of the safe drinking water act, Act No. 399 of the Public Acts of 1976, being section 325.1005 of the Michigan Compiled Laws, or (b) criteria for adverse aesthetic characteristics derived pursuant to R 299.5709 of the Michigan administrative code, the cleanup criterion shall be the more stringent of (a) or (b) unless a consultant retained by the owner or operator determines that compliance with (a) or (b) is not necessary because the use of the groundwater is reliably restricted pursuant to section 21310a.
(5) Notwithstanding any other provision of this part, if a release or threat of release at a site is not solely the result of a release or threat of release from an underground storage tank system, the owner or operator of the underground storage tank system may choose to perform response activities pursuant to part 201 in lieu of corrective actions pursuant to this part.
History: Add. 1995, Act 22, Imd. Eff. Apr. 13, 1995 ;-- Am. 1996, Act 116, Imd. Eff. Mar. 6, 1996
Popular Name: Act 451
Popular Name: NREPA