NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT (EXCERPT)

Act 451 of 1994


324.20120c Relocation of soil.

Sec. 20120c.

(1) An owner or operator shall not remove soil, or allow soil to be removed, from a facility to an off-site location unless that person determines that the soil can be lawfully relocated without posing a threat to the public health, safety, or welfare, or the environment. The determination shall consider whether the soil is subject to regulation pursuant to part 111.

(2) For the purposes of subsection (1), soil poses a threat to the public health, safety, or welfare, or the environment if concentrations of hazardous substances in the soil exceed the cleanup criterion determined pursuant to section 20120a(1) or (2) that apply to the location to which the soil will be moved or relocated, except that if the soil is to be removed from the facility for disposal or treatment, the soil shall satisfy the appropriate regulatory criteria for disposal or treatment. Any land use restrictions that would be required for the application of a criterion pursuant to section 20120a(1) or (2) shall be in place at the location to which the soil will be moved. Soil may be relocated only to another location that is similarly contaminated, considering the general nature, concentration, and mobility of hazardous substances present at the location to which contaminated soil will be moved. Contaminated soil shall not be moved to a location that is not a facility unless it is taken there for treatment or disposal in conformance with applicable laws and regulations.

(3) An owner or operator shall not relocate soil, or allow soil to be relocated, within a site of environmental contamination where a remedial action plan has been approved unless that person assures that the same degree of control required for application of the criteria of section 20120a(1) or (2) is provided for the contaminated soil.

(4) The prohibition in subsection (3) against relocation of contaminated soil within a site of environmental contamination does not apply to soils that are temporarily relocated for the purpose of implementing response activity or utility construction if the response activity or utility construction is completed in a timely fashion and the short-term hazards are appropriately controlled.

(5) If soil is being moved off-site from, moved to, or relocated on-site at a facility where a remedial action plan has been approved by the department based on a categorical cleanup criterion in section 20120a(1)(f) to (j) or (2), the soil shall not be moved without prior department approval.

(6) If soil is being relocated in a manner not addressed by subsection (5), the owner or operator of the facility from which soil is being moved must provide notice to the department within 14 days after the soil is moved. The notice shall include all of the following:

(a) The location from which soil will be removed.

(b) The location to which the soil will be taken.

(c) The volume of soil to be moved.

(d) A summary of information or data on which the owner or operator is basing the determination required in subsection (2) that the soil does not present a threat to the public health, safety, or welfare, or the environment.

(e) If land use restrictions would apply pursuant to section 20120a(1) to the soil when it is relocated, the notice shall include documentation that those restrictions are in place.

(7) The determination required by subsections (1) and (3) shall be based on knowledge of the person undertaking or approving of the removal or relocation of soil, or on characterization of the soil for the purpose of compliance with this section.

(8) This section does not apply to soil that is designated as an inert material pursuant to section 11507(3) of the natural resources and environmental protection act, Act No. 451 of the Public Acts of 1994, being section 324.11507 of the Michigan Compiled Laws.

History: Add. 1995, Act 71, Imd. Eff. June 5, 1995 .

Popular Name: Act 451

Popular Name: Act 307

Popular Name: Environmental Response Act

Popular Name: Environmental Remediation


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