Bill Text: MI HB5365 | 2013-2014 | 97th Legislature | Introduced

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Bill Title: Environmental protection; pollution prevention; containment of petroleum coke piles; require. Amends 1994 PA 451 (MCL 324.101 - 324.90106) by adding secs. 3111 & 5525a.

Spectrum: Strong Partisan Bill (Democrat 15-1)

Status: (Introduced - Dead) 2014-02-27 - Printed Bill Filed 02/27/2014 [HB5365 Detail]

Download: Michigan-2013-HB5365-Introduced.html

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HOUSE BILL No. 5365

 

February 26, 2014, Introduced by Reps. Heise, Tlaib, Slavens, Knezek, Darany, Faris, Switalski, Geiss, Robinson, Zemke, Irwin, Kandrevas, Singh, Barnett, Roberts and Kosowski and referred to the Committee on Natural Resources.

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

(MCL 324.101 to 324.90106) by adding sections 3111 and 5525a.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 3111. (1) A person who stores pet coke for transport or

 

shipment shall obtain a storm water discharge permit.

 

     (2) As used in this part, "pet coke" means that term as

 

defined in section 5525a.

 

     Sec. 5525a. (1) A person that stores pet coke for transfer or

 

shipment shall do all of the following:

 

     (a) Maintain each pile and transfer location in enclosed

 

storage.

 

     (b) Ensure that each entrance or exit from enclosed storage

 

that allows passage of material or vehicles has overlapping flaps,

 

sliding doors, or other devices approved by the department that

 

remain closed except to allow material or vehicles to enter and

 

leave or when individuals are inside.

 

     (c) Maintain all areas free of accumulation, unless the

 

accumulation is any of the following:

 

     (i) Moist material.

 

     (ii) Dry material not higher than 3 inches.

 

     (iii) Completely covered.

 

     (2) Not more than 45 days after the effective date of the

 

amendatory act that added this section, the department shall issue

 

compliance orders setting forth schedules of interim steps to

 

ensure full compliance with subsection (1) by 180 days after the

 

effective date of the amendatory act that added this section. The

 

compliance orders shall require monitoring and reporting of pile

 

sizes.

 

     (3) As used in this section:

 

     (a) "Accumulation" means any surface deposit of material

 

greater than 3 ounces in 1 square foot other than inside enclosed

 

storage or inside a conveyor, transport vehicle, coker pit, slurry

 

bin, water collection channel, or separation pond.

 

     (b) "Dry material" means any material that is not moist

 

material.

 

     (c) "Enclosed storage" means any completely roofed and walled

 

structure.

 

     (d) "Material" means any substance containing at least 50% by

 

weight of pet coke. The percent by weight shall be determined by at

 

least a 1-ounce sample taken at any random point.

 

     (e) "Moist material" means material that has a moisture

 

content that in no place is less than 8.3%.

 

     (f) "Pet coke" means a solid carbonaceous residue produced

 

from a coker after cracking and distillation from petroleum

 

refining operations.

 

     (g) "Pile" means any amount of material that attains a height

 

of 3 feet or more, or a total surface area of 150 square feet or

 

more.

 

     (h) "Transfer location" means the location in the storage,

 

handling, or transport process where material being moved, carried,

 

conveyed, or transported is dropped or deposited.