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 451Popular Name: NREPA
Structure 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.
Section 324.21301a - Purpose and Applicability of Part.
Section 324.21302 - Definitions; a to M.
Section 324.21303 - Definitions; N to V.
Section 324.21304b - Removal or Relocation of Soil.
Section 324.21305 - Repealed. 1995, Act 22, Imd. Eff. Apr. 13, 1995.
Section 324.21306 - Repealed. 1996, Act 116, Imd. Eff. Mar. 6, 1996.
Section 324.21308 - Repealed. 1995, Act 22, Imd. Eff. Apr. 13, 1995.
Section 324.21309 - Repealed. 1995, Act 22, Imd. Eff. Apr. 13, 1995.
Section 324.21309a - Corrective Action Plan.
Section 324.21310 - Repealed. 1995, Act 22, Imd. Eff. Apr. 13, 1995.
Section 324.21311 - Repealed. 1995, Act 22, Imd. Eff. Apr. 13, 1995.
Section 324.21312 - Repealed. 1995, Act 22, Imd. Eff. Apr. 13, 1995.
Section 324.21313 - Repealed. 1995, Act 22, Imd. Eff. Apr. 13, 1995.
Section 324.21314 - Repealed. 1995, Act 22, Imd. Eff. Apr. 13, 1995.
Section 324.21314a - Classification of Sites; Corrective Action; Schedule.
Section 324.21315 - Audit; Final Assessment Report or Closure Report.
Section 324.21316 - Use of Forms.
Section 324.21317-324.21319 - Repealed. 1995, Act 22, Imd. Eff. Apr. 13, 1995.
Section 324.21319a - Administrative Order.
Section 324.21320 - Corrective Actions by Department.
Section 324.21321, 324.21322 - Repealed. 1995, Act 22, Imd. Eff. Apr. 13, 1995.
Section 324.21323a - Liability Under Part; Burden of Proof; Compliance.
Section 324.21323b - Joint and Several Liability; Recovery of Costs.
Section 324.21323e - Effect of Indemnification, Hold Harmless, or Similar Agreement or Conveyance.
Section 324.21323f - Costs and Damages; Limitation.
Section 324.21323i - Consent Order; Final Settlement.
Section 324.21323j - Civil Action.
Section 324.21323k - Access to Property.
Section 324.21323l - Limitation Period for Filing Actions.
Section 324.21323m - Persons Exempt From Liability.
Section 324.21323n - Documentation of Due Care.
Section 324.21325 - Qualified Underground Tank Consultant; Requirements.
Section 324.21325a - Department Employees Responsible for Oversight; Training; Proficiency.
Section 324.21327 - Rules; Prohibition.
Section 324.21328 - Agreements.
Section 324.21329 - Coordination and Integration.
Section 324.21330 - Actions Taken by State Police.
Section 324.21331 - Repealed. 1995, Act 22, Imd. Eff. Apr. 13, 1995.
Section 324.21332 - Contested Case Hearing; Petition; Hearing.