SB 173

Remediating contaminated land

Current law requires a person who possesses or controls property where there

is a hazardous substance in the soil or groundwater, or who caused the discharge of

a hazardous substance, to restore the environment and minimize the harmful effects

of the discharge. A person who possesses or controls property where there is a

hazardous substance in the soil or groundwater is exempt from these requirements

if the person did not cause the discharge, if the discharge originated from another

person's property, and if the person agrees to allow the Department of Natural

Resources or the person who caused the discharge to enter the property to investigate

and remedy the discharge.

When there is a hazardous substance in the soil or groundwater, it may be

emitted as a vapor. This bill provides that a person who possesses or controls

property where there is a hazardous substance in vapor emitted from the soil or

groundwater is also exempt from the remediation requirements if the person did not

cause the discharge, if the discharge originated from another person's property, and

if the person agrees to allow DNR or the person who caused the discharge to enter

the property to investigate and remedy the discharge.

Current law also provides that if a person who possesses or controls property

contaminated by a hazardous substance, or who caused the discharge of a hazardous

substance, voluntarily undertakes certain investigation and remediation actions on

the contaminated property that are approved by DNR, the person is exempt from

liability for certain other investigation and remediation actions and their costs.

This bill provides a definition of the term “property" in relation to the voluntary

party liability exemption for remediation of contaminated land. The bill also

provides that a property may be subdivided or transferred without affecting the

liability exemption or requiring a new application.

Pilot program

Current federal law and state law require construction permits and operation

permits for certain stationary sources of air pollution. Under certain circumstances,

DNR may issue a registration permit authorizing construction or operation or both

for a stationary source with low actual or potential emissions.

This bill creates a pilot program under which a participating owner or operator

of a stationary source is not required to make changes to the source's air pollution

controls due to new or modified legal requirements, except as required under the

federal Clean Air Act, for ten years after DNR issues a registration permit for the

source. This exemption would apply only if the source 1) is classified as a minor

source, which is a facility that emits air contaminants from a fixed location in an

amount that is less than an amount specified by DNR by rule; 2) is a manufacturing

facility that is being constructed on formerly contaminated land that has been

certified by DNR as having been remediated; and 3) is included in the Green Tier