SB 1349 Summary

• Requires property owners/operators of known contaminated facilities to prevent exacerbation of existing contamination, exercise due care in mitigating exposure to hazardous substances, take precautions against third-party acts, cooperate with response activities, and comply with land use restrictions.

• Establishes liability for property owners who violate these obligations, making them responsible for response activity costs, natural resource damages attributable to exacerbation, and any fines or penalties, but not for additional response activities unless otherwise liable under state law.

• Excludes state and local government entities acquired prior to June 5, 1995 from most obligations, except when state/local entities operate public facilities (parks, municipal buildings, public works) on contaminated property that are open to the general public.

• Creates a revitalization revolving loan program allowing the department to issue loans to counties, cities, townships, and villages for evaluation, demolition, and interim response activities at contaminated properties to facilitate redevelopment.

• Specifies loan terms including interest rates at no more than 50% of prime rate, repayment beginning within 5 years and concluding within 15 years of first loan draw, with the department authorized to renegotiate terms upon showing of financial hardship.