reglab/statecodes huggingface dataset:
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-8 - Chapter 8 Underground Storage Tanks (324.21101...324.21563) › 451-1994-II-8-211 - Part 211 Underground Storage Tank Regulations (324.21101...324.21113) › Section 324.21104 - Underground Storage Tank Regulatory Enforcement Fund; Creation; Receipts; Investment; Crediting Interest and Earnings; Reversion to General Fund Prohibited; Use of Money; Notice of Balance in Fund.

***** 324.21104 THIS SECTION IS REPEALED BY ACT 451 OF 1994 EFFECTIVE UPON THE EXPIRATION OF 12 MONTHS AFTER PART 215 BECOMES INVALID PURSUANT TO SECTION 21546 (3) *****
324.21104 Underground storage tank regulatory enforcement fund; creation; receipts; investment; crediting interest and earnings; reversion to general fund prohibited; use of money; notice of balance in fund.
Sec. 21104.
(1) The underground storage tank regulatory enforcement fund is created in the state treasury. The fund may receive money as provided in this part and as otherwise provided by law. The state treasurer shall direct the investment of the fund. Interest and earnings of the fund shall be credited to the fund. Money in the fund at the close of the fiscal year shall remain in the fund and shall not revert to the general fund.
(2) Money in the fund shall be used by the department only to enforce this part and the rules promulgated under this part and the rules promulgated under the fire prevention code, 1941 PA 207, MCL 29.1 to 29.33, pertaining to the delivery and dispensing operations of regulated substances.
(3) The department of treasury shall, before November 1 of each year, notify the department of the balance in the fund at the close of the preceding fiscal year.
History:
1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 2016, Act 465, Eff. Mar. 29, 2017
Compiler's Notes:
For transfer of powers and duties of the department of environmental quality under the aboveground storage tank program from department of environmental quality to bureau of fire services, department of licensing and regulatory affairs, see E.R.O. No. 2012-7, compiled at MCL 29.462.
Popular Name:
Act 451
Popular Name:
NREPA
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-8 - Chapter 8 Underground Storage Tanks (324.21101...324.21563) › 451-1994-II-8-211 - Part 211 Underground Storage Tank Regulations (324.21101...324.21113) › Section 324.21105 - Collection and Evaluation of Information; Report.

***** 324.21105 THIS SECTION IS REPEALED BY ACT 451 OF 1994 EFFECTIVE UPON THE EXPIRATION OF 12 MONTHS AFTER PART 215 BECOMES INVALID PURSUANT TO SECTION 21546 (3) *****
324.21105 Collection and evaluation of information; report.
Sec. 21105.
The department shall collect and evaluate the information obtained through the registration of underground storage tanks required by section 21102. Not later than September 30, 1987, the department shall provide to the legislature a report containing a compilation of the underground storage tank registration data and an assessment of the actual and potential environmental hazard posed by the tanks.
History:
1994, Act 451, Eff. Mar. 30, 1995
Compiler's Notes:
For transfer of powers and duties of the department of environmental quality under the aboveground storage tank program from department of environmental quality to bureau of fire services, department of licensing and regulatory affairs, see E.R.O. No. 2012-7, compiled at MCL 29.462.
Popular Name:
Act 451
Popular Name:
NREPA
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-8 - Chapter 8 Underground Storage Tanks (324.21101...324.21563) › 451-1994-II-8-211 - Part 211 Underground Storage Tank Regulations (324.21101...324.21113) › Section 324.21106 - Rules.

***** 324.21106 THIS SECTION IS REPEALED BY ACT 451 OF 1994 EFFECTIVE UPON THE EXPIRATION OF 12 MONTHS AFTER PART 215 BECOMES INVALID PURSUANT TO SECTION 21546 (3) *****
324.21106 Rules.
Sec. 21106.
The department shall promulgate rules relating to underground storage tank systems that are at least as stringent as the rules promulgated by the United States environmental protection agency under subtitle I of title II of Public Law 89-272, 42 U.S.C. 6991 to 6991i. These rules shall include a requirement that the owner or operator of an underground storage tank system provide financial responsibility in the event of a release from the underground storage tank system.
History:
1994, Act 451, Eff. Mar. 30, 1995
Compiler's Notes:
For transfer of powers and duties of the department of environmental quality under the aboveground storage tank program from department of environmental quality to bureau of fire services, department of licensing and regulatory affairs, see E.R.O. No. 2012-7, compiled at MCL 29.462.
Popular Name:
Act 451
Popular Name:
NREPA
Admin Rule:
R 29.2101 et seq. of the Michigan Administrative Code.
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-8 - Chapter 8 Underground Storage Tanks (324.21101...324.21563) › 451-1994-II-8-211 - Part 211 Underground Storage Tank Regulations (324.21101...324.21113) › Section 324.21107 - Maintaining Pollution Liability Insurance; Limits.

***** 324.21107 THIS SECTION IS REPEALED BY ACT 451 OF 1994 EFFECTIVE UPON THE EXPIRATION OF 12 MONTHS AFTER PART 215 BECOMES INVALID PURSUANT TO SECTION 21546 (3) *****
324.21107 Maintaining pollution liability insurance; limits.
Sec. 21107.
A person who installs or removes underground storage tank systems shall maintain pollution liability insurance with limits of not less than $1,000,000.00 per occurrence.
History:
1994, Act 451, Eff. Mar. 30, 1995
Compiler's Notes:
For transfer of powers and duties of the department of environmental quality under the aboveground storage tank program from department of environmental quality to bureau of fire services, department of licensing and regulatory affairs, see E.R.O. No. 2012-7, compiled at MCL 29.462.
Popular Name:
Act 451
Popular Name:
NREPA
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-8 - Chapter 8 Underground Storage Tanks (324.21101...324.21563) › 451-1994-II-8-211 - Part 211 Underground Storage Tank Regulations (324.21101...324.21113) › Section 324.21109 - Additional Safeguards; Resolution; Enactment or Enforcement of Certain Ordinances Prohibited.

***** 324.21109 THIS SECTION IS REPEALED BY ACT 451 OF 1994 EFFECTIVE UPON THE EXPIRATION OF 12 MONTHS AFTER PART 215 BECOMES INVALID PURSUANT TO SECTION 21546 (3) *****
324.21109 Additional safeguards; resolution; enactment or enforcement of certain ordinances prohibited.
Sec. 21109.
(1) The department may, upon resolution of the governing body of a local unit of government in whose jurisdiction an underground storage tank system is being installed, require additional safeguards, other than those specified in rules, when the public health, safety, or welfare, or the environment is endangered.
(2) A local unit of government shall not enact or enforce a provision of an ordinance that is inconsistent with this part or rules promulgated under this part.
(3) A local unit of government shall not enact or enforce a provision of an ordinance that requires a permit, license, approval, inspection, or the payment of a fee or tax for the installation, use, closure, or removal of an underground storage tank system.
History:
1994, Act 451, Eff. Mar. 30, 1995
Compiler's Notes:
For transfer of powers and duties of the department of environmental quality under the aboveground storage tank program from department of environmental quality to bureau of fire services, department of licensing and regulatory affairs, see E.R.O. No. 2012-7, compiled at MCL 29.462.
Popular Name:
Act 451
Popular Name:
NREPA
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-8 - Chapter 8 Underground Storage Tanks (324.21101...324.21563) › 451-1994-II-8-211 - Part 211 Underground Storage Tank Regulations (324.21101...324.21113) › Section 324.21110 - Prohibited Conduct.

***** 324.21110 THIS SECTION IS REPEALED BY ACT 451 OF 1994 EFFECTIVE UPON THE EXPIRATION OF 12 MONTHS AFTER PART 215 BECOMES INVALID PURSUANT TO SECTION 21546 (3) *****
324.21110 Prohibited conduct.
Sec. 21110.
(1) A person shall not knowingly deliver a regulated substance into an underground storage tank system that is not registered under this part.
(2) A person shall not repair or test an underground storage tank system that is not registered under this part.
History:
1994, Act 451, Eff. Mar. 30, 1995
Compiler's Notes:
For transfer of powers and duties of the department of environmental quality under the aboveground storage tank program from department of environmental quality to bureau of fire services, department of licensing and regulatory affairs, see E.R.O. No. 2012-7, compiled at MCL 29.462.
Popular Name:
Act 451
Popular Name:
NREPA
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-8 - Chapter 8 Underground Storage Tanks (324.21101...324.21563) › 451-1994-II-8-211 - Part 211 Underground Storage Tank Regulations (324.21101...324.21113) › Section 324.21111 - Deferments.

***** 324.21111 THIS SECTION IS REPEALED BY ACT 451 OF 1994 EFFECTIVE UPON THE EXPIRATION OF 12 MONTHS AFTER PART 215 BECOMES INVALID PURSUANT TO SECTION 21546 (3) *****
324.21111 Deferments.
Sec. 21111.
The following are deferred from regulation under this part until such time as the department determines that they should be regulated:
(a) Wastewater treatment tank systems.
(b) An underground storage tank system containing radioactive material that is regulated under the atomic energy act of 1954, chapter 1073, 68 Stat. 919.
(c) An underground storage tank system that is part of an emergency generator system at nuclear power generation facilities regulated by the nuclear regulatory commission under 10 C.F.R. part 50, appendix A to part 50 of title 10 of the code of federal regulations.
(d) Airport hydrant fuel distribution systems.
(e) Underground storage tank systems with field-constructed tanks.
History:
1994, Act 451, Eff. Mar. 30, 1995
Compiler's Notes:
For transfer of powers and duties of the department of environmental quality under the aboveground storage tank program from department of environmental quality to bureau of fire services, department of licensing and regulatory affairs, see E.R.O. No. 2012-7, compiled at MCL 29.462.
Popular Name:
Act 451
Popular Name:
NREPA
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-8 - Chapter 8 Underground Storage Tanks (324.21101...324.21563) › 451-1994-II-8-211 - Part 211 Underground Storage Tank Regulations (324.21101...324.21113) › Section 324.21112 - Violation; Misdemeanor; Penalty; Civil Fine.

***** 324.21112 THIS SECTION IS REPEALED BY ACT 451 OF 1994 EFFECTIVE UPON THE EXPIRATION OF 12 MONTHS AFTER PART 215 BECOMES INVALID PURSUANT TO SECTION 21546 (3) *****
324.21112 Violation; misdemeanor; penalty; civil fine.
Sec. 21112.
(1) A person who violates this part or a rule promulgated under this part or who knowingly submits false information when registering an underground storage tank system under this part is guilty of a misdemeanor punishable by imprisonment for not more than 6 months or a fine of not more than $500.00, or both.
(2) A person who violates this part or a rule promulgated under this part or who knowingly submits false information when registering an underground storage tank system under this part is subject to a civil fine of not more than $5,000.00 for each underground storage tank system for each day of violation. A civil fine imposed under this subsection shall be based upon the seriousness of the violation and any good faith efforts by the violator to comply with this part and the rules promulgated under this part.
(3) A civil fine collected under subsection (2) shall be deposited into the fund.
History:
1994, Act 451, Eff. Mar. 30, 1995
Compiler's Notes:
For transfer of powers and duties of the department of environmental quality under the aboveground storage tank program from department of environmental quality to bureau of fire services, department of licensing and regulatory affairs, see E.R.O. No. 2012-7, compiled at MCL 29.462.
Popular Name:
Act 451
Popular Name:
NREPA
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-8 - Chapter 8 Underground Storage Tanks (324.21101...324.21563) › 451-1994-II-8-211 - Part 211 Underground Storage Tank Regulations (324.21101...324.21113) › Section 324.21113 - Repeal of Part.

***** 324.21113 THIS SECTION IS REPEALED BY ACT 451 OF 1994 EFFECTIVE UPON THE EXPIRATION OF 12 MONTHS AFTER PART 215 BECOMES INVALID PURSUANT TO SECTION 21546 (3) *****
324.21113 Repeal of part.
Sec. 21113.
This part is repealed upon the expiration of 12 months after part 215 becomes invalid pursuant to section 21546(3).
History:
1994, Act 451, Eff. Mar. 30, 1995
Compiler's Notes:
For transfer of powers and duties of the department of environmental quality under the aboveground storage tank program from department of environmental quality to bureau of fire services, department of licensing and regulatory affairs, see E.R.O. No. 2012-7, compiled at MCL 29.462.
Popular Name:
Act 451
Popular Name:
NREPA
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-8 - Chapter 8 Underground Storage Tanks (324.21101...324.21563) › 451-1994-II-8-213 - Part 213 Leaking Underground Storage Tanks (324.21301...324.21334) › Section 324.21301 - Repealed. 1995, Act 22, Imd. Eff. Apr. 13, 1995.

324.21301 Repealed. 1995, Act 22, Imd. Eff. Apr. 13, 1995.
Compiler's Notes:
The repealed section pertained to meanings of words and phrases.
Popular Name:
Act 451
Popular Name:
NREPA
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-8 - Chapter 8 Underground Storage Tanks (324.21101...324.21563) › 451-1994-II-8-213 - Part 213 Leaking Underground Storage Tanks (324.21301...324.21334) › Section 324.21301a - Purpose and Applicability of Part.

324.21301a Purpose and applicability of part.
Sec. 21301a.
(1) This part is intended to provide remedies using a process and procedures separate and distinct from the process, procedures, and criteria established under part 201 for sites posing a threat to the public health, safety, or welfare, or to the environment, as a result of releases from underground storage tank systems, regardless of whether the release or threat of release of a regulated substance occurred before or after January 19, 1989, the effective date of the former leaking underground storage tank act, 1988 PA 478, and for this purpose, this part shall be given retroactive application. However, criminal penalties provided in this part only apply to violations of this part that occur after April 13, 1995.
(2) The liability provisions that are provided for in this part shall be given retroactive application.
History:
Add. 1995, Act 22, Imd. Eff. Apr. 13, 1995 ;-- Am. 1996, Act 116, Imd. Eff. Mar. 6, 1996 ;-- Am. 2012, Act 108, Imd. Eff. May 1, 2012
Popular Name:
Act 451
Popular Name:
NREPA
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-8 - Chapter 8 Underground Storage Tanks (324.21101...324.21563) › 451-1994-II-8-213 - Part 213 Leaking Underground Storage Tanks (324.21301...324.21334) › Section 324.21301b - Actions Governed by Provisions in Part; Changes in Corrective Action; Corrective Actions by Nonliable Parties.

324.21301b Actions governed by provisions in part; changes in corrective action; corrective actions by nonliable parties.
Sec. 21301b.
(1) Notwithstanding any other provision of this part, the following actions shall be governed by the provisions of this part that were in effect on May 1, 1995:
(a) Any judicial action or claim in bankruptcy that was initiated by any person on or before May 1, 1995.
(b) An administrative order that was issued on or before May 1, 1995.
(c) An enforceable agreement with the state entered into on or before May 1, 1995 by any person under this part.
(d) For purposes of this section, the provisions of this part that were in effect on May 1, 1995 are hereby incorporated by reference.
(2) Notwithstanding subsection (1), upon request of a person who has not completed implementing corrective actions under this part, the department shall approve changes in corrective action to be consistent with sections 21304a, 21308a, 21309a, and 21311a.
(3) Notwithstanding any other provision of this part, a person that is not liable under this part may conduct corrective actions under this part in the same manner as a person that is liable under this part. Notwithstanding any other provision of this part, the department shall provide responses to nonliable parties conducting corrective actions for reports submitted under this part in the same manner that it provides responses to persons that are liable under this part.
History:
Add. 1996, Act 116, Imd. Eff. Mar. 6, 1996 ;-- Am. 2012, Act 446, Imd. Eff. Dec. 27, 2012
Popular Name:
Act 451
Popular Name:
NREPA
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-8 - Chapter 8 Underground Storage Tanks (324.21101...324.21563) › 451-1994-II-8-213 - Part 213 Leaking Underground Storage Tanks (324.21301...324.21334) › Section 324.21304 - Liability of Owner or Operator Not Limited or Removed; Owner or Operator as or Employing Consultant.

324.21304 Liability of owner or operator not limited or removed; owner or operator as or employing consultant.
Sec. 21304.
(1) Actions taken by a consultant pursuant to this part do not limit or remove the liability of an owner or operator that is liable under section 21323a except as specifically provided for in this part.
(2) Notwithstanding any other provision in this part, if an owner or operator that is liable under section 21323a is a consultant or employs a consultant, this part does not require the owner or operator that is liable under section 21323a to retain an outside consultant to perform the responsibilities required under this part. Those responsibilities may be performed by an owner or operator that is liable under section 21323a who is a consultant or by a consultant employed by the owner or operator that is liable under section 21323a.
History:
1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 2012, Act 446, Imd. Eff. Dec. 27, 2012
Popular Name:
Act 451
Popular Name:
NREPA
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-8 - Chapter 8 Underground Storage Tanks (324.21101...324.21563) › 451-1994-II-8-213 - Part 213 Leaking Underground Storage Tanks (324.21301...324.21334) › Section 324.21304d - Transfer of Interest in Real Property in Which Notice Required; Certification of Completed Corrective Action Activity; Disclosure.

324.21304d Transfer of interest in real property in which notice required; certification of completed corrective action activity; disclosure.
Sec. 21304d.
(1) If a person owns a parcel of real property and has knowledge or information or is on notice through a recorded instrument that the real property is a site, the person shall not transfer an interest in that real property unless the person provides written notice to the transferee that the real property is a site and of the general nature and extent of the release.
(2) A person that owns real property for which a notice required in subsection (1) has been recorded may, upon completion of all corrective action activities for the site as approved by the department, record with the register of deeds for the appropriate county a certification that all corrective action activity required in an approved final assessment report has been completed.
(3) A person shall not transfer an interest in real property unless the person fully discloses any land or resource use restrictions that apply to that real property as a part of corrective action that has been or is being implemented in compliance with section 21304a.
History:
Add. 2012, Act 108, Imd. Eff. May 1, 2012 ;-- Am. 2012, Act 446, Imd. Eff. Dec. 27, 2012
Popular Name:
Act 451
Popular Name:
NREPA
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-8 - Chapter 8 Underground Storage Tanks (324.21101...324.21563) › 451-1994-II-8-213 - Part 213 Leaking Underground Storage Tanks (324.21301...324.21334) › Section 324.21305 - Repealed. 1995, Act 22, Imd. Eff. Apr. 13, 1995.

324.21305 Repealed. 1995, Act 22, Imd. Eff. Apr. 13, 1995.
Compiler's Notes:
The repealed section pertained to promulgation of administrative rules.
Popular Name:
Act 451
Popular Name:
NREPA
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-8 - Chapter 8 Underground Storage Tanks (324.21101...324.21563) › 451-1994-II-8-213 - Part 213 Leaking Underground Storage Tanks (324.21301...324.21334) › Section 324.21306 - Repealed. 1996, Act 116, Imd. Eff. Mar. 6, 1996.

324.21306 Repealed. 1996, Act 116, Imd. Eff. Mar. 6, 1996.
Compiler's Notes:
The repealed section pertained to de minimis spills, removal or disposal of contaminated soils, duties of consultants, and eligibility to receive funding.
Popular Name:
Act 451
Popular Name:
NREPA
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-8 - Chapter 8 Underground Storage Tanks (324.21101...324.21563) › 451-1994-II-8-213 - Part 213 Leaking Underground Storage Tanks (324.21301...324.21334) › Section 324.21307 - Report of Release; Initial Response Actions; Duties of Owner or Operator Liable Under MCL 324.21323a.

324.21307 Report of release; initial response actions; duties of owner or operator liable under MCL 324.21323a.
Sec. 21307.
(1) Upon confirmation of a release from an underground storage tank system, the owner or operator that is liable under section 21323a shall report the release to the department within 24 hours after discovery. The department may investigate the release. However, an investigation by the department does not relieve the owner or operator that is liable under section 21323a from any responsibilities related to the release provided for in this part.
(2) After a release has been reported under subsection (1), the owner or operator that is liable under section 21323a shall immediately begin and expeditiously perform all of the following initial actions:
(a) Identify and mitigate immediate fire, explosion hazards, and acute vapor hazards.
(b) Take action to prevent further release of the regulated substance into the environment including removing the regulated substance from the underground storage tank system that is causing the release.
(c) Using the process outlined by RBCA regarding NAPL, take steps necessary and feasible under this part to address unacceptable immediate risks.
(d) Excavate and contain, treat, or dispose of soils above the water table that are visibly contaminated with a regulated substance if the contamination is likely to cause a fire hazard.
(e) Take any other action necessary to abate an immediate threat to public health, safety, or welfare, or the environment.
(3) Immediately following initiation of initial response actions under this section, the owner or operator that is liable under section 21323a shall do all of the following:
(a) Visually inspect the areas of any aboveground releases or exposed areas of belowground releases and prevent further migration of the released substance into surrounding soils, groundwater, and surface water.
(b) Continue to monitor and mitigate any additional immediate fire and safety hazards posed by vapors or NAPL that have migrated from the underground storage tank system excavation zone and entered into subsurface structures.
History:
1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 1995, Act 22, Imd. Eff. Apr. 13, 1995 ;-- Am. 2012, Act 108, Imd. Eff. May 1, 2012 ;-- Am. 2012, Act 446, Imd. Eff. Dec. 27, 2012
Popular Name:
Act 451
Popular Name:
NREPA
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-8 - Chapter 8 Underground Storage Tanks (324.21101...324.21563) › 451-1994-II-8-213 - Part 213 Leaking Underground Storage Tanks (324.21301...324.21334) › Section 324.21307a - Site Closure Report; Activities Requiring Notification by Owner or Operator to Department.

324.21307a Site closure report; activities requiring notification by owner or operator to department.
Sec. 21307a.
(1) Following initiation of initial actions under section 21307, the owner or operator that is liable under section 21323a shall complete the requirements of this part and submit related reports or executive summaries detailed in this part to address the contamination at the site. At any time that sufficient corrective action has been undertaken to address contamination, the owner or operator that is liable under section 21323a shall complete and submit a site closure report pursuant to section 21312a and omit the remaining interim steps.
(2) In addition to the reporting requirements specified in this part, the owner or operator that is liable under section 21323a shall provide 48-hour notification to the department prior to initiating any of the following activities:
(a) Soil excavation.
(b) Well drilling, including monitoring well installation.
(c) Sampling of soil or groundwater.
(d) Construction of treatment systems.
History:
Add. 1995, Act 22, Imd. Eff. Apr. 13, 1995 ;-- Am. 2012, Act 108, Imd. Eff. May 1, 2012 ;-- Am. 2012, Act 446, Imd. Eff. Dec. 27, 2012
Popular Name:
Act 451
Popular Name:
NREPA
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-8 - Chapter 8 Underground Storage Tanks (324.21101...324.21563) › 451-1994-II-8-213 - Part 213 Leaking Underground Storage Tanks (324.21301...324.21334) › Section 324.21308 - Repealed. 1995, Act 22, Imd. Eff. Apr. 13, 1995.

324.21308 Repealed. 1995, Act 22, Imd. Eff. Apr. 13, 1995.
Compiler's Notes:
The repealed section pertained to initial assessment of release.
Popular Name:
Act 451
Popular Name:
NREPA
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-8 - Chapter 8 Underground Storage Tanks (324.21101...324.21563) › 451-1994-II-8-213 - Part 213 Leaking Underground Storage Tanks (324.21301...324.21334) › Section 324.21309 - Repealed. 1995, Act 22, Imd. Eff. Apr. 13, 1995.

324.21309 Repealed. 1995, Act 22, Imd. Eff. Apr. 13, 1995.
Compiler's Notes:
The repealed section pertained to conditions requiring report of corrective action and proposed schedule and removal and disposal of contaminated soil.
Popular Name:
Act 451
Popular Name:
NREPA
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-8 - Chapter 8 Underground Storage Tanks (324.21101...324.21563) › 451-1994-II-8-213 - Part 213 Leaking Underground Storage Tanks (324.21301...324.21334) › Section 324.21310 - Repealed. 1995, Act 22, Imd. Eff. Apr. 13, 1995.

324.21310 Repealed. 1995, Act 22, Imd. Eff. Apr. 13, 1995.
Compiler's Notes:
The repealed section pertained to conditions requiring soil feasibility analysis and soil remedial corrective action plan.
Popular Name:
Act 451
Popular Name:
NREPA
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-8 - Chapter 8 Underground Storage Tanks (324.21101...324.21563) › 451-1994-II-8-213 - Part 213 Leaking Underground Storage Tanks (324.21301...324.21334) › Section 324.21311 - Repealed. 1995, Act 22, Imd. Eff. Apr. 13, 1995.

324.21311 Repealed. 1995, Act 22, Imd. Eff. Apr. 13, 1995.
Compiler's Notes:
The repealed section pertained to groundwater contamination and related reports.
Popular Name:
Act 451
Popular Name:
NREPA
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-8 - Chapter 8 Underground Storage Tanks (324.21101...324.21563) › 451-1994-II-8-213 - Part 213 Leaking Underground Storage Tanks (324.21301...324.21334) › Section 324.21311a - Final Assessment Report; Information; Providing Supporting Documentation Upon Request.

324.21311a Final assessment report; information; providing supporting documentation upon request.
Sec. 21311a.
(1) Within 365 days after a release has been discovered, an owner or operator that is liable under section 21323a shall complete a final assessment report that includes a corrective action plan developed under section 21309a and submit the report to the department on a form created pursuant to section 21316. The report shall include the following information:
(a) A site assessment under the RBCA process, as necessary for determining site classification, and the extent of contamination relative to the applicable RBSLs or applicable SSTLs set forth in the corrective action plan.
(b) Tier II and tier III evaluation, as appropriate, under the RBCA process.
(c) A feasibility analysis. The following shall be included, as appropriate, given the site conditions and the applicable RBSL or applicable SSTL:
(i) On-site and off-site corrective action alternatives to remediate contaminated soil and groundwater for each cleanup type above the applicable RBSL or applicable SSTL, including alternatives that permanently and significantly reduce the volume, toxicity, and mobility of the regulated substances if above the applicable RBSL or applicable SSTL.
(ii) An analysis of the recoverability and whether the NAPL is mobile or migrating.
(iii) The costs associated with each corrective action alternative including alternatives that permanently and significantly reduce the volume, toxicity, and mobility of the regulated substances that are above the applicable RBSL or applicable SSTL.
(iv) The effectiveness and feasibility of each corrective action alternative in meeting cleanup criteria that are above the applicable RBSL or applicable SSTL.
(v) The time necessary to implement and complete each corrective action alternative.
(vi) The preferred corrective action alternative based upon subparagraphs (i) through (v) and an implementation schedule for completion of the corrective action.
(d) A corrective action plan.
(e) A schedule for corrective action plan implementation.
(2) The owner or operator that is liable under section 21323a shall provide supporting documentation to the data and conclusions of the final assessment report upon request by the department. The department shall not require any additional information beyond that required under this section to be included in its final assessment report.
History:
Add. 1995, Act 22, Imd. Eff. Apr. 13, 1995 ;-- Am. 1996, Act 116, Imd. Eff. Mar. 6, 1996 ;-- Am. 2012, Act 110, Imd. Eff. May 1, 2012 ;-- Am. 2012, Act 446, Imd. Eff. Dec. 27, 2012
Popular Name:
Act 451
Popular Name:
NREPA
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-8 - Chapter 8 Underground Storage Tanks (324.21101...324.21563) › 451-1994-II-8-213 - Part 213 Leaking Underground Storage Tanks (324.21301...324.21334) › Section 324.21312 - Repealed. 1995, Act 22, Imd. Eff. Apr. 13, 1995.

324.21312 Repealed. 1995, Act 22, Imd. Eff. Apr. 13, 1995.
Compiler's Notes:
The repealed section pertained to owner or operator of petroleum underground storage tank system, conditions, and corrective action.
Popular Name:
Act 451
Popular Name:
NREPA
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-8 - Chapter 8 Underground Storage Tanks (324.21101...324.21563) › 451-1994-II-8-213 - Part 213 Leaking Underground Storage Tanks (324.21301...324.21334) › Section 324.21312a - Closure Report; Information; Confirmation of Receipt by Department; Additional Information.

324.21312a Closure report; information; confirmation of receipt by department; additional information.
Sec. 21312a.
(1) Upon completion of the corrective action, the owner or operator that is liable under section 21323a shall complete a closure report and submit the report to the department on a form created pursuant to section 21316. The report shall include the following information:
(a) A summary of corrective action activities and documentation of the basis for concluding that corrective actions have been completed.
(b) Closure verification sampling results. Groundwater samples shall be collected utilizing a low-flow technique for closure verification or other method approved by the department.
(c) The person submitting a closure report shall include a signed affidavit attesting to the fact that the information upon which the closure report is based is complete and true to the best of that person's knowledge. The closure report shall also include a signed affidavit from the consultant who prepared the closure report attesting to the fact that the corrective actions detailed in the closure report comply with all applicable requirements under the applicable RBCA standard and that the information upon which the closure report is based is true and accurate to the best of that consultant's knowledge. In addition, the consultant shall attach a certificate of insurance demonstrating that the consultant has obtained at least all of the insurance required under section 21325.
(d) A person submitting a closure report shall maintain all documents and data prepared, acquired, or relied upon in connection with the closure report for not less than 6 years after the date on which the closure report was submitted. All documents and data required to be maintained under this section shall be made available to the department upon request.
(2) Within 60 days after receipt of a closure report under subsection (1), the department shall provide the owner or operator that is liable under section 21323a who submitted the closure report with a confirmation of the department's receipt of the report.
(3) The department shall not require any additional information beyond that required under this section to be included in a closure report.
History:
Add. 1995, Act 22, Imd. Eff. Apr. 13, 1995 ;-- Am. 1996, Act 116, Imd. Eff. Mar. 6, 1996 ;-- Am. 2012, Act 110, Imd. Eff. May 1, 2012 ;-- Am. 2012, Act 446, Imd. Eff. Dec. 27, 2012
Popular Name:
Act 451
Popular Name:
NREPA
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-8 - Chapter 8 Underground Storage Tanks (324.21101...324.21563) › 451-1994-II-8-213 - Part 213 Leaking Underground Storage Tanks (324.21301...324.21334) › Section 324.21313 - Repealed. 1995, Act 22, Imd. Eff. Apr. 13, 1995.

324.21313 Repealed. 1995, Act 22, Imd. Eff. Apr. 13, 1995.
Compiler's Notes:
The repealed section pertained to Type A or B cleanup.
Popular Name:
Act 451
Popular Name:
NREPA
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-8 - Chapter 8 Underground Storage Tanks (324.21101...324.21563) › 451-1994-II-8-213 - Part 213 Leaking Underground Storage Tanks (324.21301...324.21334) › Section 324.21313a - Failure to Provide Required Submittal; Penalty; Computing Period of Time; Extension of Reporting Deadline; Contract Provision for Payment of Fines; Disposition of Money Collected; Accrual of Penalty.

324.21313a Failure to provide required submittal; penalty; computing period of time; extension of reporting deadline; contract provision for payment of fines; disposition of money collected; accrual of penalty.
Sec. 21313a.
(1) Beginning on May 1, 2012, except as provided in subsection (6), and except for the confirmation provided in section 21312a(2), if a required submittal under section 21308a, 21311a, or 21312a(1) is not provided during the time required, the department may impose a penalty according to the following schedule:
(a) Not more than $100.00 per day for the first 7 days that the report is late.
(b) Not more than $500.00 per day for days 8 through 14 that the report is late.
(c) Not more than $1,000.00 per day for each day beyond day 14 that the report is late.
(2) Subject to subsection (6), for purposes of this section, in computing a period of time, the day of the act, event, or default, after which the designated period of time begins to run is not included. The last day of the period is included, unless it is a Saturday, Sunday, legal holiday, or holiday, in which event the period runs until the end of the next day that is not a Saturday, Sunday, legal holiday, or holiday.
(3) The department may, upon request, grant an extension to a reporting deadline provided in this part for good cause upon written request 15 days prior to the deadline.
(4) The owner or operator that is liable under section 21323a may by contract transfer the responsibility for paying fines under this section to a consultant retained by the owner or operator that is liable under section 21323a.
(5) The department shall forward all money collected pursuant to this section to the state treasurer for deposit in the emergency response fund created in section 21507.
(6) A penalty shall not begin to accrue under this section unless the department has first notified the person on whom the penalty is imposed that he or she is subject to the penalties provided in this section.
History:
Add. 1995, Act 22, Imd. Eff. Apr. 13, 1995 ;-- Am. 1996, Act 116, Imd. Eff. Mar. 6, 1996 ;-- Am. 2012, Act 112, Imd. Eff. May 1, 2012 ;-- Am. 2012, Act 446, Imd. Eff. Dec. 27, 2012
Popular Name:
Act 451
Popular Name:
NREPA
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-8 - Chapter 8 Underground Storage Tanks (324.21101...324.21563) › 451-1994-II-8-213 - Part 213 Leaking Underground Storage Tanks (324.21301...324.21334) › Section 324.21314 - Repealed. 1995, Act 22, Imd. Eff. Apr. 13, 1995.

324.21314 Repealed. 1995, Act 22, Imd. Eff. Apr. 13, 1995.
Compiler's Notes:
The repealed section pertained to retaining consultants.
Popular Name:
Act 451
Popular Name:
NREPA
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-8 - Chapter 8 Underground Storage Tanks (324.21101...324.21563) › 451-1994-II-8-213 - Part 213 Leaking Underground Storage Tanks (324.21301...324.21334) › Section 324.21314a - Classification of Sites; Corrective Action; Schedule.

324.21314a Classification of sites; corrective action; schedule.
Sec. 21314a.
Sites shall be classified consistent with the process outlined in RBCA. If the department determines that no imminent risk to the public health, safety, or welfare or the environment exists at a site, the department may allow corrective action at these sites to be conducted on a schedule approved by the department.
History:
Add. 1995, Act 22, Imd. Eff. Apr. 13, 1995 ;-- Am. 2012, Act 108, Imd. Eff. May 1, 2012
Popular Name:
Act 451
Popular Name:
NREPA
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-8 - Chapter 8 Underground Storage Tanks (324.21101...324.21563) › 451-1994-II-8-213 - Part 213 Leaking Underground Storage Tanks (324.21301...324.21334) › Section 324.21316 - Use of Forms.

324.21316 Use of forms.
Sec. 21316.
The department may create and require the use of forms containing information specifically required under this part to assist in the reporting requirements provided in this part.
History:
1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 2012, Act 108, Imd. Eff. May 1, 2012
Popular Name:
Act 451
Popular Name:
NREPA
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-8 - Chapter 8 Underground Storage Tanks (324.21101...324.21563) › 451-1994-II-8-213 - Part 213 Leaking Underground Storage Tanks (324.21301...324.21334) › Section 324.21316a - Delivery of Regulated Substance to Underground Storage Tank as Misdemeanor; Penalty; Notice of Violation; Placard; Tampering With Placard as Misdemeanor; Commencement of Criminal Actions.

324.21316a Delivery of regulated substance to underground storage tank as misdemeanor; penalty; notice of violation; placard; tampering with placard as misdemeanor; commencement of criminal actions.
Sec. 21316a.
(1) A person shall not knowingly deliver a regulated substance to an underground storage tank system that has had a placard affixed to it under subsection (2). A person that knowingly delivers a regulated substance to an underground storage tank system that has had a placard affixed to it under subsection (2) is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $500.00, or both. A person is considered to have knowledge if placards have been affixed to the underground storage tank system at the property and are visible at the time of the delivery.
(2) The department, upon discovery of the operation of an underground storage tank system in violation of this part, rules promulgated under this part, part 211, or rules promulgated under part 211, shall provide notification prohibiting delivery of regulated substances to the underground storage tank system by affixing a placard providing notice of the violation in plain view to the underground storage tank system. The department shall provide a minimum of 15 days' notice to the owner or operator that is liable under section 21323a prior to affixing a placard for violations of this part or rules promulgated under this part, unless the violation causes an imminent and substantial endangerment to the public health, safety, or welfare or the environment.
(3) A person shall not remove, deface, alter, or otherwise tamper with a placard affixed to an underground storage tank system pursuant to subsection (2). A person that knowingly removes, defaces, alters, or otherwise tampers with a placard affixed to an underground storage tank system pursuant to subsection (2) such that the notification is not discernible is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $500.00, or both.
(4) The attorney general or, upon request by the department, county prosecuting attorney may commence criminal actions for violation of subsections (1) and (3) in the circuit court of the county where the violation occurred.
History:
Add. 1995, Act 22, Eff. May 14, 1995 ;-- Am. 2012, Act 108, Imd. Eff. May 1, 2012 ;-- Am. 2012, Act 446, Imd. Eff. Dec. 27, 2012
Popular Name:
Act 451
Popular Name:
NREPA
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-8 - Chapter 8 Underground Storage Tanks (324.21101...324.21563) › 451-1994-II-8-213 - Part 213 Leaking Underground Storage Tanks (324.21301...324.21334) › Section 324.21317-324.21319 - Repealed. 1995, Act 22, Imd. Eff. Apr. 13, 1995.

324.21317-324.21319 Repealed. 1995, Act 22, Imd. Eff. Apr. 13, 1995.
Compiler's Notes:
The repealed sections pertained to type C cleanup, corrective action plans, and issuance of orders.
Popular Name:
Act 451
Popular Name:
NREPA