News

Senate Bill 991 – Underground Storage Tank Setbacks Signed Into Law

Senate Bill 991 (SB 991) was signed by Governor Whitmer on July 19, 2022 and became effective immediately. SB 991 amends Part 211 (Underground Storage Tank Regulations) of the Natural Resources and Environmental Protection Act (NREPA) with regard to the setback requirements for underground storage tanks (USTs) relative to water supplies.

Under the new provisions, a UST shall not be installed under the following conditions:

• Within 2,000 feet of an existing type I community or type IIa noncommunity public water well.
• Within 800 feet of an existing type IIb or type III noncommunity public water well.
• Within 300 feet of any other type of well not described above.

If a person wishes to install a UST that does not meet the above restrictions, a professional engineer (PE) or qualified underground storage tank consultant (QC) must certify that a combination of the construction material of the replacement UST and the leak detection method(s) used to monitor for UST releases is more likely to prevent and detect a release from the replacement UST than detecting a release from the existing UST. Additionally, the UST facility must be in compliance with the Part 211 requirements and associated administrative rules.

Should you wish to view enrolled SB 991, click here: https://www.legislature.mi.gov/documents/2021-2022/publicact/pdf/2022-PA-0160.pdf

GGTM has significant experience in successfully working with clients on UST issues. Should you need assistance, please contact Eric Gielow.

GGTM Law

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