In Michigan, the investigation and remediation of contamination associated with leaking underground storage tanks (LUSTs) is regulated under Part 213 of the Natural Resources and Environmental Protection Act (NREPA).  The owner/operator responsible for the release(s) must investigate the extent of contamination and conduct corrective actions in accordance with Part 213.  There are specific reports that must be filed with the Michigan Department of Environmental Quality (MDEQ) and specific deadlines that must be complied with.  Failure to do so can result in significant fines and penalties, as well as the red-tagging of your current underground storage tanks, if present.

On May 1, 2012, Governor Snyder signed a series of bills into law that significantly amended Part 213, including the way that sites are investigated and evaluated, how the presence of non-aqueous phase liquid (NAPL) is determined as well as its impact on the site, how and when the MDEQ reviews LUST reports, as well as the closure process itself. The goal was to streamline the closure process, with the hopes of making regulatory closures more achievable.

We have assisted numerous clients in the filing of insurance claims, hiring of qualified consultants and contractors, and proper investigation and remediation of LUST sites.

Attorney to Contact:

Links of Interest:

Michigan DEQ Leaking Underground Storage Tank Website

Part 213 Risk-based Screening Levels (Cleanup Criteria)

Michigan Leaking Underground Storage Tank Database

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