Although Public Act 416, which provides for an Underground Storage Tank (“UST”) Corrective Action Fund (“Fund”), became effective immediately, it appears the Fund will not be operational any time soon. After signing the bill into law on December 30, 2014, Gov. Snyder has not yet appointed anyone to the UST Authority that will oversee and administer the Fund.
In a “Message to Owners and Operators of Leaking Underground Storage Tanks” published in January, the Michigan Department of Environmental Quality (DEQ) stated that the “DEQ is diligently working with stakeholders to assist the Governor’s Office in setting up the Authority.” To date, however, no Authority has been established. In the absence of an Authority, there is no established procedure to submit claims. In the meantime, owners and operators of leaking USTs are expected to maintain their current form of financial responsibility, even though any release discovered after December 30, 2014, should be eligible for reimbursement under the Fund.
Michigan is among the top five states in the nation with leaking USTs. There are more than 8,500 leaking UST sites in Michigan.
You can read the full text of the bill at:
News and blog articles presented in this website are distributed for general information purposes only with the understanding that the author, publisher and distributor of articles is not rendering legal, accounting, or other professional advice or opinions on specific facts or matters and, accordingly, GGTM assumes no liability whatsoever in connection with the use of any article. Pursuant to applicable rules of professional conduct, this communication may constitute Attorney Advertising.