Department of Environmental Quality

Supplemental Advisory

Regarding Part 201

Requirements Applicable

to Property Contaminated by Dioxin

All locations where dioxin concentrations exceed the

residential cleanup requirements of Part 201,

Environmental Remediation, of the Natural Resources

and Environmental Protection Act, PA 451 of 1994, as

amended (NREPA), are a "facility" that is regulated

under Part 201. Based on currently available data, the

Department of Environmental Quality (DEQ) believes

that it is appropriate to conclude that all property within

the 100-year flood plain downstream of the City of

Midland, that is frequently flooded by the Tittabawassee

River, is a facility. Some important requirements of

Part 201 that apply to owners and operators of property

that is a facility are described below.

Disclosure that property is a facility: Section

20116 of the NREPA requires that a person who has

knowledge or information that his or her property is a

facility must disclose to any person acquiring an interest

in the property the general nature and extent of

contamination. Data documenting dioxin contamination

above residential cleanup requirements are not

available for all properties in the Tittabawassee River

flood plain. However, the data from sampling conducted

to date by the DEQ show contamination above

residential criteria on virtually all properties within the

100-year flood plain that are frequently flooded. As a

result, owners and operators of all properties that are

frequently flooded are expected to disclose available

information about dioxin contamination in the area in

order to comply with Section 20116 of the NREPA, and

to assure all potential owners learn about the existence

of dioxin contamination. This will help reduce health and

environmental risks that would otherwise result from the

actions of uninformed property owners and operators.

A person who has more specific information about his

or her property must include that information in their

disclosure. Property owners and operators may choose

to conduct sampling on their property to supplement

available data and information, and refine their disclosure

obligations. There is a possibility that property at higher

elevations within the general outline of the 100-year flood

plain may not be a facility. However, in making a decision

about whether higher areas are likely to be contaminated,

the owner or operator must consider whether soil from

lower areas in the flood plain has been relocated onto the

higher elevation area, such that contamination is now

present. If you need assistance in determining how the

disclosure requirements apply to your property, contact

the DEQ (see below for contact information).

"Due Care" responsibilities: Section 20107a of the

NREPA imposes certain responsibilities on persons who

own or operate contaminated property in order to assure

that the use of that property occurs in a manner that

protects public health and safety. The legal obligations for

"Due Care" are limited when the contamination results

from migration, as is the case with dioxin contamination

on land in the Tittabawassee River flood plain. However,

even if contamination is present as a result of migration,

the landowner, business owner, or other person who has

"Due Care" obligations must not exacerbate the existing

contamination. In general, this means following the

cautions and directives in the DEQ Soil Movement

Advisory.

Restrictions on relocation of contaminated soil: See

DEQ Soil Movement Advisory for details on these

regulatory requirements.

For more information

Michigan Department of Environmental Quality

Remediation and Redevelopment Division

Saginaw-Bay District Office

503 North Euclid Avenue, Suite 9

Bay City, MI 48706

989-686-8025