Everything You - PowerPoint Presentation

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Everything You Wanted to Know about Michigan’s Clean Up Laws!Slide2

Who I amDarren BowlingPhone: 517-284-5068Email: bowlingd@michigan.gov

Michigan

Department of Environmental Quality (DEQ

)

Remediation and Redevelopment Division (RRD)

Compliance and Enforcement Section (C&E)

Current duties include:

Coordinating escalated enforcement and/or compliance assistance for assigned cases all over the state

Acting RRD property specialist (easements, liens, access issues)Slide3

What we’ll coverMichigan’s Cleanup statutesRisk managementSite issuesLiability & Responsibilities

Due Care

Land/Resource Use Restrictions

Disclosures

CertificationsSlide4

Michigan’s “Cleanup” Laws: Parts 201 and 213Part 201: Environmental RemediationPart 213: Leaking Underground Storage Tanks (LUST)

RRD Goals:

Risk Management

Remediation for Redevelopment (R4R)

Other statutory authorities for contaminated sites exist

201/213 is our focusSlide5

Risk ManagementNot necessarily “cleaning up” sitesStatutes allow for contamination to stay in place, as long as it is protective of public health and safetySlide6

Risk ManagementSlide7

How Do These Laws Affect You?Public property ParksRedevelopment sitesMunicipal garages, etc.

Tax reverted propertiesSlide8

Liability & Responsibilities Under the Law What does it mean if a person is liable under Part 201 or 213?Liable parties are responsible for:Undertaking response activities

a

nd/or

Reimbursing state for costsSlide9

Grants and LiabilityImportant to Remember:If you

are considered liable

under Part 201 or Part

213, you may not be eligible

for

brownfield redevelopment grants or loansSlide10

How can you protect yourself from liability?Baseline Environmental Assessment (BEA)

An exemption to liability

Based on all-appropriate inquiry (AAI)

Must be performed prior to or within

45 days of purchase or occupancy.Slide11

All Appropriate InquirySlide12
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Some more liability exemptionsA BEA is not required to be exempt from liability IF:A LUG acquires contaminated property

involuntarily

,

by operation of

law, or court order

Transfer of property: LUG to LUG, or State to LUGContamination is due to migration

Transportation utility corridor/public right-of-waySlide14

DUE CARESlide15

Responsibilities: What is Due Care?Anyone who owns or operates on property known to be contaminated has the responsibility to ensure that visitors and workers are protected from exposure to contaminationSlide16

ResponsibilitiesDue Care is:E

nsuring

that existing contamination

:

Does not cause unacceptable risk to workers or

visitorsIs not

exacerbatedTaking reasonable precautions against acts and omissions of third partiesSlide17

Responsibilities: Due CareIn order to accomplish Due Care compliance, a person may need to:Take action to protect people from contact with contamination;Prevent activities that cause the

spread of contamination off the

propertySlide18

Preventing Unacceptable RiskExamples of unacceptable risks:Children playing in contaminated soilPeople drinking from a contaminated wellEmployees exposed to harmful vapors at work site

Utility workers (digging)Slide19

ExacerbationDoing something that causes new or more migrationDoing something that increases the costs of cleanupSlide20

Other Requirements of Due CareComply with land use/resource use restrictions (LRURs) on the propertyDo not impede effectiveness and integrity of LRURsSlide21

ExemptionsMigration ExemptionOwner/Operator is exempt from some

due

c

are

requirements if contamination is migrating from someone else’s

propertyIf a property is available for public use, then the migration exemption does not apply under P201:

A LUG must comply with all due care obligations for the accessible portion of the propertySlide22

AccessMust provide cooperation, assistance, and access to any party lawfully conducting response activitiesSlide23

Where might you have Due Care obligations?Public spaces such as parks, conference centers, pavilions, trails, etc.Public buildings such as libraries, offices, etc.Employee-accessible buildings such as maintenance garagesAny place where the public and/or employees may enterSlide24

Public SpacesSlide25

Documentation of Due Care ComplianceMust be made available upon requestYou may submit documentation for DEQ review and approval

Compliance requirement is on-going!Slide26

Land or Resource Use Restrictions

LRURsSlide27

LRURsManage risk by placing activity and use limitations on contaminated propertyReduce or restrict exposure to hazardous substancesAssure the effectiveness and integrity of

exposure barriers and other

response

activities

undertaken

at the property

Provide for accessSlide28

Different Forms of LRURsKnow what applies to the property:Recorded instrumentsLocal ordinances and regulationsLicense agreementsLaws, permits, contracts

Know what the language meansSlide29

Groundwater UseSlide30

OrdinancesSlide31

Road Right-of-Ways

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What does compliance with LRURs look like?Restrictions:Restrictions on land use (no residential)Groundwater use prohibitionRestriction on building use or construction

Obligations:

Maintain integrity of barrier

Maintain fence to limit access

Soil managementSlide33

Governmental ResponsibilitiesGovernments may be responsible for:Enactment of LRURsOrdinances

Monitoring

compliance

Ordinances

Permits

EnforcementWell abandonment, well

permitting, enforcing restrictions, etc.Slide34

LRURs TimingLRURs may be used:When contamination is first identifiedAs response activity work is ongoingAs some amount of contamination remains onsite as part of a remedySlide35

Zoning Issues Understanding current and future land uses is important when selecting protective remedial optionsFuture plans may affect the type of remedy that’s best for the siteResidential vs Nonresidential LUG

zoning can determine the category of cleanup for future

use

Again, remedy needs to fit the zoning

Be aware of how zoning can affect a cleanup.Slide36

Planning and Implementing LRURsThe DEQ wants to assist you – communicate early and oftenA cooperative relationship should be established early

between the DEQ, the entity performing response activities, and your communitySlide37

LRURs: More InfoLRUR information may be obtained at:County Register of DeedsLocal DEQ District OfficeMichigan Department of Transportation

County Health

Department

Owner/operator of contaminated

property

DEQ’s Environmental Mapper

http://www.mcgi.state.mi.us/environmentalmapper/ Slide38

Disclosure ObligationsSlide39

Disclosure ObligationsPart of the property transaction around contaminated propertyOwner:Has obligations to provide written noticeConditions may be recorded on the deed

Buyer:

Be fully aware of environmental conditions on property — protect yourself!

May receive notice from the seller

Look for a recorded Restrictive Covenant (RC) on titleSlide40

CertificationsCertification by property owner:Part 213: DEQ has approved that all

remedial requirements at the property

for a particular release are

completed

Part 201: A response activity is complete

No DEQ approval requiredCertificate of Completion from DEQ (Part 201 only)

DEQ approved that a response activity was completedSlide41

Concluding ThoughtsBe aware of Michigan’s cleanup laws and how they might affect your communityAre you liable?What are your Due Care responsibilities?Be aware of LRURs

and what they mean for your community!

Disclosures

,

Certifications: be aware of what they mean – ask questions!

The DEQ is here to help! Slide42

DEQ Remediation & Redevelopment Divisionhttp://michigan.gov/DEQRRDGeneral InfoDistrict office and program contactsSlide43