Michigan Compiled Laws
451-1994-II-8-213 - Part 213 Leaking Underground Storage Tanks (324.21301...324.21334)
Section 324.21315 - Audit; Final Assessment Report or Closure Report.

Sec. 21315.
(1) The department shall design and implement a program to selectively audit final assessment reports and closure reports submitted under this part. Upon receipt of a final assessment report or closure report, the department shall have 90 days to determine whether it will audit the report and inform the owner or operator that is liable under section 21323a of its intention to audit the submitted report within 7 days of the determination. If the department does not inform the owner or operator that is liable under section 21323a of its intention to audit the report within the required time limits, the department shall not audit the report. If the department determines that it will conduct an audit, the audit shall be completed within 180 days of the submission. The department shall inform the owner or operator that is liable under section 21323a in writing of the results of the audit within 14 days of the completion of the audit. All audits shall be conducted based on the standards, criteria, and procedures in effect at the time the final assessment report or closure report was submitted.
(2) The department shall have until January 27, 2013 to selectively audit final assessment reports or closure reports that were submitted on or after November 1, 2011 but not later than July 1, 2012.
(3) If the department conducts an audit, the results of the audit shall approve, approve with conditions, or deny the final assessment report or closure report or shall notify the owner or operator that is liable under section 21323a that the report does not contain sufficient information for the department to make a decision. If the department's response is that the report does not include sufficient information, the department shall identify the information that is required for the department to make a decision. If a report is approved with conditions, the department's approval shall state with specificity the conditions of the approval.
(4) If the department does not perform an audit and provide a written response in accordance with subsection (1) to a final assessment report or closure report submitted after June 15, 2012, the report is considered approved. An owner or operator that is liable under section 21323a may request written confirmation from the department that the report is considered approved under this section, and the department shall provide written confirmation within 14 days of the request.
(5) Any time frame required by this section may be extended by mutual agreement of the department and an owner or operator that is liable under section 21323a submitting a final assessment or closure report. An agreement extending a time frame shall be in writing.
(6) If an audit conducted under this section does not confirm that corrective action has been conducted in compliance with this part or does not confirm that applicable RBSLs or SSTLs have been met, the department shall include both of the following in the written response as required in subsection (1):
(a) The specific deficiencies and the section or sections of this part or rules applicable to this part or applicable RBCA standard that support the department's conclusion of noncompliance or that applicable RBSLs or SSTLs have not been met.
(b) Recommendations about corrective actions or documentation that may address the deficiencies identified under subsection (6)(a).
(7) If the department denies a final assessment report or closure report under this section, an owner or operator that is liable under section 21323a shall either revise and resubmit the report for approval, submit a petition for review of scientific or technical disputes to the response activity review panel pursuant to section 20114e and pay a fee in the amount of $300.00 in lieu of the $3,500.00 fee set forth in section 20114e(7), or submit a petition to the department's office of administrative hearings for a contested case hearing pursuant to section 21332.
(8) Notwithstanding section 21312a, after conducting an audit under this section, the department may issue a closure letter for any site that meets the applicable RBSL or SSTL pursuant to section 21304a.
(9) The department shall only audit a report required under this part 1 time. If the report does not contain sufficient information for the department to make a decision or the department's audit identifies deficiencies as described in subsection (6), the department may audit a revised report if sufficient information is provided for the department to make a decision or, to evaluate whether the identified deficiencies have been corrected, which shall be completed within 90 days of the revised report's submission to the department.
History: 1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 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 ;-- Am. 2012, Act 446, Imd. Eff. Dec. 27, 2012 Popular Name: Act 451Popular Name: NREPA

Structure Michigan Compiled Laws

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 324.21301b - Actions Governed by Provisions in Part; Changes in Corrective Action; Corrective Actions by Nonliable Parties.

Section 324.21302 - Definitions; a to M.

Section 324.21303 - Definitions; N to V.

Section 324.21304 - Liability of Owner or Operator Not Limited or Removed; Owner or Operator as or Employing Consultant.

Section 324.21304a - Corrective Action Activities; Conduct; Manner; Use of Tier I Risk-Based Screening Levels for Regulated Substances; Carcinogenic Risk From Regulated Substance; Applicable Rbsl or Sstl for Groundwater Differing From Certain Standar...

Section 324.21304b - Removal or Relocation of Soil.

Section 324.21304c - Duty of Owner or Operator of Property; Basis; Liability for Corrective Action Activity Costs and Natural Resource Damages; Applicability of Subsection (1)(a) to (F).

Section 324.21304d - Transfer of Interest in Real Property in Which Notice Required; Certification of Completed Corrective Action Activity; Disclosure.

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 324.21307 - Report of Release; Initial Response Actions; Duties of Owner or Operator Liable Under MCL 324.21323a.

Section 324.21307a - Site Closure Report; Activities Requiring Notification by Owner or Operator to Department.

Section 324.21308 - Repealed. 1995, Act 22, Imd. Eff. Apr. 13, 1995.

Section 324.21308a - Initial Assessment Report; Discovery of Migrating or Mobile Napl; Additional Information; Supporting Documentation Upon Request.

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 324.21310a - Notice of Corrective Action; Institutional Controls; Restrictive Covenants; Alternative Mechanisms; Notice of Land Use Restrictions.

Section 324.21311 - Repealed. 1995, Act 22, Imd. Eff. Apr. 13, 1995.

Section 324.21311a - Final Assessment Report; Information; Providing Supporting Documentation Upon Request.

Section 324.21312 - Repealed. 1995, Act 22, Imd. Eff. Apr. 13, 1995.

Section 324.21312a - Closure Report; Information; Confirmation of Receipt by Department; Additional Information.

Section 324.21313 - Repealed. 1995, Act 22, Imd. Eff. Apr. 13, 1995.

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.

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 324.21316a - Delivery of Regulated Substance to Underground Storage Tank as Misdemeanor; Penalty; Notice of Violation; Placard; Tampering With Placard as Misdemeanor; Commencement of Criminal Actions.

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 324.21323 - Commencement of Civil Action by Attorney General; Return or Retention of Federal Funds.

Section 324.21323a - Liability Under Part; Burden of Proof; Compliance.

Section 324.21323b - Joint and Several Liability; Recovery of Costs.

Section 324.21323c - Liability of Corrective Action Contractor; "Corrective Action Contract" and "Corrective Action Contractor" Defined; Liability if Act or Failure to Act Consistent With National Contingency Plan or Directed by Federal On-Scene Coor...

Section 324.21323d - Basis for Division of Harm; Action for Contribution; Reallocation of Uncollectible Amount; Effect of Consent Order.

Section 324.21323e - Effect of Indemnification, Hold Harmless, or Similar Agreement or Conveyance.

Section 324.21323f - Costs and Damages; Limitation.

Section 324.21323g - Covenant Not to Sue; Conditions; Effect; Factors; Covenant Not to Sue Concerning Future Liability; Exception; Provisions Providing for Future Enforcement Action.

Section 324.21323h - Proposal to Redevelop or Reuse Contaminated Property; Covenant Not to Sue; Conditions; Assertion of Claims; Irrevocable Right of Entry to Department, Its Contractors, or Other Persons Performing Corrective Action.

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 324.21324 - Submission of False, Misleading, or Fraudulent Information as Felony; Penalty; Civil Fine; Retroactive Application; “Fraudulent” and “Fraudulent Practice” Defined; Investigation and Commencement of Action by Attorney General or Co...

Section 324.21325 - Qualified Underground Tank Consultant; Requirements.

Section 324.21325a - Department Employees Responsible for Oversight; Training; Proficiency.

Section 324.21326 - Furnishing Information to Department; Right of Entry; Inspections and Investigations; Powers of Attorney General.

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.

Section 324.21333 - Appeal of Final Agency Decision.

Section 324.21334 - Report to Legislative Committees.