2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-1 - Chapter 1 Point Source Pollution Control (324.3101...324.6539) › 451-1994-II-1-31 - Part 31 Water Resources Protection (324.3101...324.3134) › Section 324.3111b - Release Required to Be Reported Under R 324.2001 to R 324.2009.

324.3111b Release required to be reported under R 324.2001 to R 324.2009.
Sec. 3111b.
(1) If a person is required to report a release to the department under part 5 of the water resources protection rules, R 324.2001 to R 324.2009 of the Michigan administrative code, the person, via a 9-1-1 call, shall at the same time report the release to the primary public safety answering point serving the jurisdiction where the release occurred.
(2) If a person described in subsection (1) is required to subsequently submit to the department a written report on the release under part 5 of the water resources protection rules, R 324.2001 to R 324.2009 of the Michigan administrative code, the person shall at the same time submit a copy of the report to the local health department serving the jurisdiction where the release occurred.
(3) If the department of state police or other state agency receives notification, pursuant to an agreement with or the laws of another state, Canada, or the province of Ontario, of the release in that other jurisdiction of a polluting material in excess of the threshold reporting quantity and if the polluting material has entered or may enter surface waters or groundwaters of this state, the department of state police or other state agency shall contact the primary public safety answering point serving each county that may be affected by the release.
(4) The emergency management coordinator of each county shall develop and oversee the implementation of a plan to provide timely notification of a release required to be reported under subsection (1) or (3) to appropriate local, state, and federal agencies. In developing and overseeing the implementation of the plan, the emergency management coordinator shall consult with both of the following:
(a) The directors of the primary public safety answering points with jurisdiction within the county.
(b) Any emergency management coordinator appointed for a city, village, or township located in that county.
(5) If rules promulgated under this part require a person to maintain a pollution incident prevention plan, the person shall update the plan to include the requirements of subsections (1) and (2) when conducting any evaluation of the plan required by rule.
(6) If a person reports to the department a release pursuant to subsection (1), the department shall do both of the following:
(a) Notify the person of the requirements imposed under subsections (1) and (2).
(b) Request that the person, even if not responsible for the release, report the release, via a 9-1-1 call, to the primary public safety answering point serving 1 of the following, as applicable:
(i) The jurisdiction where the release occurred, if known.
(ii) The jurisdiction where the release was discovered, if the jurisdiction where the release occurred is not known.
(7) The department shall notify the public and interested parties, by posting on its website within 30 days after the effective date of the amendatory act that added this section and by other appropriate means, of all of the following:
(a) The requirements of subsections (1) and (2).
(b) The relevant voice, and, if applicable, facsimile telephone numbers of the department and the national response center.
(c) The criminal and civil sanctions under section 3115 applicable to violations of subsections (1) and (2).
(8) Failure of the department to provide a person with the notification required under subsection (6) or (7) does not relieve the person of any obligation to report a release or other legal obligation.
(9) The department shall biennially do both of the following:
(a) Evaluate the state and local reporting system established under this section.
(b) Submit to the standing committees of the senate and house of representatives with primary responsibility for environmental protection issues a written report on any changes recommended to the reporting system.
History:
Add. 2004, Act 142, Imd. Eff. June 15, 2004
Popular Name:
Act 451
Popular Name:
NREPA