Michigan Laws 324.20120 – Selection of remedial action; factors
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Terms Used In Michigan Laws 324.20120
- Department: means the director or his or her designee to whom the director delegates a power or duty by written instrument. See Michigan Laws 324.20101
- Evaluation: means those activities including, but not limited to, investigation, studies, sampling, analysis, development of feasibility studies, and administrative efforts that are needed to determine the nature, extent, and impact of a release or threat of release and necessary response activities. See Michigan Laws 324.20101
- Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 324.301
- Remedial action: includes , but is not limited to, cleanup, removal, containment, isolation, destruction, or treatment of a hazardous substance released or threatened to be released into the environment, monitoring, maintenance, or the taking of other actions that may be necessary to prevent, minimize, or mitigate injury to the public health, safety, or welfare, or to the environment. See Michigan Laws 324.20101
- Response activity: means evaluation, interim response activity, remedial action, demolition, providing an alternative water supply, or the taking of other actions necessary to protect the public health, safety, or welfare, or the environment or the natural resources. See Michigan Laws 324.20101
- this part: includes "rules promulgated under this part". See Michigan Laws 324.20101
(1) All of the following shall be considered when a person is selecting a remedial action or the department is selecting or approving a remedial action:
(a) The effectiveness of alternatives in protecting the public health, safety, and welfare and the environment.
(b) The long-term uncertainties associated with the proposed remedial action.
(c) The persistence, toxicity, mobility, and propensity to bioaccumulate of the hazardous substances.
(d) The short- and long-term potential for adverse health effects from human exposure.
(e) Costs of remedial action, including long-term maintenance costs. However, the cost of a remedial action shall be a factor only in choosing among alternatives that adequately protect the public health, safety, and welfare and the environment, consistent with the requirements of section 20120a.
(f) Reliability of the alternatives.
(g) The potential for future response activity costs if an alternative fails.
(h) The potential threat to human health, safety, and welfare and the environment associated with excavation, transportation, and redisposal or containment.
(i) The ability to monitor remedial performance.
(j) For remedial actions that require the opportunity for public participation under section 20120d, the public’s perspective about the extent to which the proposed remedial action effectively addresses requirements of this part.
(2) Evaluation of the factors in subsection (1) shall consider all factors in balance with one another as necessary to achieve the objectives of this part. No single factor in subsection (1) shall be considered the most important.