Michigan Laws 324.20112a – Inventory of residential closures; creation and update; compilation of data; no further action reports
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Terms Used In Michigan Laws 324.20112a
- Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
- Department: means the director or his or her designee to whom the director delegates a power or duty by written instrument. See Michigan Laws 324.20101
- Facility: means any area, place, parcel or parcels of property, or portion of a parcel of property where a hazardous substance in excess of the concentrations that satisfy the cleanup criteria for unrestricted residential use has been released, deposited, disposed of, or otherwise comes to be located. See Michigan Laws 324.20101
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- natural resources: means land, surface water, groundwater, subsurface strata, air, fish, wildlife, or biota within this state. See Michigan Laws 324.20101
- No further action report: means a report under section 20114d detailing the completion of remedial actions and including a postclosure plan and a postclosure agreement, if appropriate. See Michigan Laws 324.20101
- Panel: means the response activity review panel established under section 20114e. See Michigan Laws 324.20101
- Postclosure agreement: means an agreement between the department and a person who has submitted a no further action report that prescribes, as appropriate, activities required to be undertaken upon completion of remedial actions as provided for in section 20114d. See Michigan Laws 324.20101
- Postclosure plan: means a plan for land use or resource use restrictions or permanent markers at a facility upon completion of remedial actions as provided for in section 20114c. See Michigan Laws 324.20101
- Residential: means that category of land use for parcels of property or portions of parcels of property where people live and sleep for significant periods of time such that the frequency of exposure is reasonably expected or foreseeable to meet the exposure assumptions used by the department to develop generic residential cleanup criteria as set forth in rules promulgated under this part. See Michigan Laws 324.20101
- Response activity: means evaluation, interim response activity, remedial action, demolition, providing an alternative water supply, or the taking of other actions necessary to protect the public health, safety, or welfare, or the environment or the natural resources. See Michigan Laws 324.20101
(1) Subject to subsection (3), the department shall create, and update on an ongoing basis, an inventory of residential closures and a separate inventory of other known facilities. Each inventory shall contain, if applicable, at least the following information for each facility:
(a) Location.
(b) Whether 1 or more response activity plans were submitted under section 20114b and the status of department approval.
(c) Whether a notice of land use or resource use restrictions under section 20114c was submitted to the department.
(d) Whether a no further action report under section 20114d was submitted to the department and whether the report included a postclosure plan or proposed postclosure agreement and the status of department approval.
(2) The department may categorize facilities on the inventory created under subsection (1) in a manner that the department believes is useful for the general public.
(3) The department shall create and update on an ongoing basis a separate inventory of residential closures.
(4) The department shall post the inventories created under subsections (1) and (2) on the department’s website.
(5) The department shall compile the following data on a quarterly basis and post the data on its website:
(a) The number of response activity plans received by the department and itemized as follows:
(i) Approved by the department.
(ii) Disapproved by the department.
(iii) Recommended for approval by the panel.
(iv) Recommended for disapproval by the panel.
(v) Approved by operation of law under section 20114b.
(b) The number of no further action reports received by the department and itemized as follows:
(i) Approved by the department.
(ii) Disapproved by the department.
(iii) Recommended for approval by the panel.
(iv) Recommended for disapproval by the panel.
(v) Approved by operation of law.
(c) The number of baseline environmental assessments received by the department.
(6) The department shall annually determine the percentage of no further action reports approved by operation of law under section 20114d. If the percentage in any year is in excess of 10%, the department shall notify the standing committees of the senate and the house of representatives with jurisdiction over issues related to natural resources and the environment of this occurrence.