Michigan Laws 324.3111b – Release required to be reported under R 324.2001 to R 324.2009
Current as of: 2023 | Check for updates
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(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.
Terms Used In Michigan Laws 324.3111b
- Department: means the director of the department of natural resources or his or her designee to whom the director delegates a power or duty by written instrument. See Michigan Laws 324.301
- Emergency management coordinator: means that term as defined in section 2 of the emergency management act, 1976 PA 390, MCL 30. See Michigan Laws 324.3101
- 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.
- Local health department: means that term as defined in section 1105 of the public health code, 1978 PA 368, MCL 333. See Michigan Laws 324.3101
- National response center: means the National Communications Center established under the clean water act, 33 USC 1251 to 1387, located in Washington, DC, that receives and relays notice of oil discharge or releases of hazardous substances to appropriate federal officials. See Michigan Laws 324.3101
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 324.301
- Primary public safety answering point: means that term as defined in section 102 of the emergency telephone service enabling act, 1986 PA 32, MCL 484. See Michigan Laws 324.3101
- Rule: means a rule promulgated pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24. See Michigan Laws 324.301
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
- Threshold reporting quantity: means that term as defined in R 324. See Michigan Laws 324.3101
(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.