Upcoming Changes to Part 213 to Ease Difficulty in Obtaining Closure Beneath ROWs

by Paul French
Mar 15, 2016
0

Senate Bill 0717

In January 2016, Senator Tom Casperson of the Michigan House of Representatives introduced Senate Bill 717 that could amend Part 213 (Leaking Underground Storage Tanks) of Michigan s Natural Resources and Environmental Protection Act.

Currently, Part 213 allows the execution of a Right-of-Way - Alternate Institutional Control (ROW-AIC), signed by the Local Unit of Government or other road authority, to be utilized to restrict exposure to contaminants beneath a ROW. The ROW-AIC imposes certain burdens on an authority or local unit of government including notification to parties requesting access to the ROW, control over the ROW to prevent unacceptable exposure to the underlying contaminants, and deadlines to notify the DEQ regarding future relocation, vacation or abandonment of the ROW. Due to the increased burdens, many ROW authorities have been reluctant to authorize a ROW-AIC beneath their roadways.

Enactment of Senate Bill 717 would allow a liable party the option to use the existence of a public highway as an alternative mechanism to reliably restrict exposure to contaminants beneath a Right-of-Way without execution of a legally binding restriction. The amendment would require that the liable party confirm ownership and easements beneath the ROW, verify that there were no plans to relocate, vacate or abandon the highway, and present a copy of the Final Assessment and Closure Reports to the governing authority. The amendment would stipulate that the liable party who relied on this mechanism to close a site would remain liable for additional corrective action measures necessary to address any future increased risk of exposure. The Bill would also ensure liability for corrective action is not imposed on the Michigan Department of Transportation or a local unit of government.

The bill would also stipulate that a Qualified Underground Storage Tank (UST) Consultant be required to have experience in the implementation of Risk-Based Corrective Action (RBCA) "ASTM International Designation: E1739-95. It also requires Department of Environmental Quality employees responsible for oversight of UST corrective actions and report audits, be formally trained and demonstrate proficiency in RBCA.

Paul FrenchEnvirologic has over 26 years of experience with Michigan's UST/LUST regulations. Our team has successfully conducted numerous LUST remedial investigations, cleanups and closures and would welcome the opportunity to assist you with your environmental needs. Please contact Paul French at (269) 342.1100 with any questions you have or clarifications needed.

Stay tuned for more updates regarding this issue.


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part 213  senator tom casperson  michigan house of representatives  right-of-way - alternate institutional control  row-aic  senate bill 0717  qualified underground storage tank consultant  risk-based corrective action  astm international designation: e1739-95


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