Senate Bill 891 needs to be vetoed

[Roger Rayle]

Below is a forwarded email from Sybil Kolon acting as a citizen urging the Governor to veto Michigan SB891, just passed by the lame duck senate when most people and news outlets are not paying attention.  The bill would drastically weaken protection of Michigan's soil and groundwater from ongoing pollution. For the Pall/Gelman 1,4-dioxane site, it could mean more than a century of spreading pollution with little or no monitoring or cleanup.  

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From:"Sybil Kolon" <sybil...@gmail.com>

Date:Thu, Dec 18, 2014 at 6:33 AM

Subject:Clarification and SB 891 passed - will be sent to Governor

Clarification

Word is getting around at work about my letter that I shared with you last week.  Almost all the feedback I have gotten has been very positive.  Because the department supports the bill, it has been suggested that I not mention where I work when I am speaking out against SB891.  As I believe I made clear in my letter, I am speaking out as a citizen.  If the governor signs this bill I will do my job as long as I am still in this position.  I am not in trouble or anything, but I do understand and respect that I should not appear to be undermining the department position.

SB891 to reduce pollution cleanup requirements passed Senate yesterday

SB891 passed the Senate with immediate effect.  It will be sent to the Governor for signature.

I'm afraid we don't have much time.  I don't know how soon Snyder will sign the bill - it has to be printed and presented to him.  I suspect he may have to act on it before the end of December, will confirm that tonight.  

Feel free to send me any questions and I will do my best to answer them.  I work with this statute, Part 201, every working day.

I will not give up - we must petition the Governor to veto this bill and expose it for what it is: an assault on Pure Michigan and an unending Christmas present to past and future polluters, a license to pollute our groundwater and soil.

Will Governor Synder save Pure Michigan from the lame duck legislature?

Your voice could make the difference.

Here is the Governor's web page with info on contacting him:

http://www.michigan.gov/snyder/0,4668,7-277-57827-267869--,00.html

If the citizens of Michigan understood this bill, most would be appalled.  

If you are on Facebook or Twitter or any other social media, it is time to get the word out  At least inform everyone on your email list.  I will provide more information and language by tomorrow morning, but here are a few things to start with:

I have copied my three main issues below, but they are long and need to be stated more concisely.  The biggest issue for me is the definition of "source".  It is not specifically defined right now, but it means any concentrated mass of contamination in soil or groundwater.

With this bill, polluters would only have to immediately stop a tank from leaking, not remove concentrated contaminants from soil and groundwater, as they are now supposed to.  In the case of petroleum products and solvents that do not dissolve in water, it would not have to be immediately removed.  Those oils either float or sink in groundwater.  There are ways to remove it that are proven to work, but they cost money.

Here are my main three issues with this bill - this is too long for a social media campaign, I will send something more concise later.

1. New definitions of “residential” and “nonresidential” that designate many recreational areas and all natural areas and wetlands as nonresidential.  These areas are clean now.  The result of these changes would be that these areas would be subject to less stringent cleanup standards.  Public and private entities should not be coerced into accepting degradation of these areas in the event of a release of hazardous substances.  There is likely to be future residential development in areas where this would be applied, and the onus for limiting exposures above residential standards would be placed  on non-liable property owners and developers.

 

1. A new definition of “source” and other changes that limit or negate the need to remove contamination that can continue to be a threat to public health, safety, welfare and the environment for years, before the full extent of the release has been identified.   This would have the effect, for new releases where only the letter of the law is being observed, of grossly contaminated soil and groundwater being left in place and continuing to spread.  Removal of these “sources”, as we now call them, would not be required or even considered.  The long term costs of remediation are likely to increase, as well as the impacts to public health, safety, welfare and the environment, if these “sources” are left to disperse.

 

1. A new provision that would allow liable parties to assign responsibility for ongoing cleanup operations to non-liable parties who happen to own the property where the operations are taking place.  This would result in liable parties being able to impose future operation and maintenance costs (that are necessary to ensure the restrictions will be protective) on future owners, who will change over time.  It is expected that no original owner would agree to such a thing without compensation, but there is little ability for the DEQ to monitor the actions of third parties in assuming the obligations of liable parties.   It is very unlikely that these property owners will understand the ramifications of agreeing to assume such responsibility and it is likely that future exposures would occur.

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Please do what you can to urge the Governor to veto this bad bill and keep the Pure Michigan vision alive.

Contact the Governor by phone or web to voice your opinion.

Roger Rayle

chair, Scio Residents for Safe Water

www.srsw.org

rmr...@gmail.com