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MI SB0529

Bill

Status

Passed

5/3/2012

Primary Sponsor

Darwin Booher

Click for details

Origin

Senate

96th Legislature

AI Summary

  • Establishes a 15-member response activity review panel appointed by the director to advise on technical and scientific disputes regarding environmental response activities and underground storage tank assessments.

  • Panel members must have professional engineering/geology licenses with 6 years experience, or bachelor's degree in engineering/science with 10 years experience, or master's degree with 8 years experience, and cannot be current state employees or have significant financial ties to the department.

  • Allows owners and operators to petition for review of department decisions on corrective actions, soil screening target levels, and penalties by submitting a $3,500 fee, with disputes heard by 5 panel members selected for relevant expertise.

  • Permits contested case hearings under the administrative procedures act for owners and operators challenging corrective action decisions, proposed site standards, and audit results, excluding issues already addressed by the response activity review panel.

  • Allows appeals to circuit court of final agency decisions to affix a placard or issue administrative orders for underground storage tank systems, with courts able to set aside decisions that violate law, exceed authority, lack substantial evidence, or constitute abuse of discretion.

Legislative Description

Environmental protection; underground storage tanks; liability and cleanup procedures; modify. Amends sec. 20114e of 1994 PA 451 (MCL 324.20114e) & adds secs. 21332 & 21333. TIE BAR WITH: SB 0528'11, SB 0530'11, SB 0531'11, SB 0532'11, SB 0533'11

State agencies (existing), natural resources

Last Action

Assigned Pa 0109'12 With Immediate Effect

5/3/2012

Committee Referrals

Natural Resources, Tourism, And Outdoor Recreation1/24/2012
Natural Resources, Environment And Great Lakes6/28/2011

Full Bill Text

No bill text available