HOUSE BILL No. 5764 April 23, 1998, Introduced by Reps. Basham, Varga, Hale, DeHart, Stallworth, Quarles, Brater, Schermesser and Bogardus and referred to the Committee on Conservation, Environment and Recreation. A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 62501, 62506a, and 62509 (MCL 324.62501, 324.62506a, and 324.62509), sections 62501 and 62509 as added by 1995 PA 57 and section 62506a as added by 1996 PA 168. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 62501. As used in this part: 2 (a) "Artificial brine" means mineralized water formed by 3 dissolving rock salt or other readily soluble rocks or minerals. 4 (b) "Brine well" means a well drilled or converted for the 5 purpose of producing natural or artificial brine. 6 (c) "Disposal well" means a well drilled or converted for 7 subsurface disposal of waste products or processed brine and its 8 related surface facilities. 04475'97 * JCB 2 1 (d) "Exploratory purposes" means test well drilling for the 2 specific purpose of discovering or outlining an orebody or 3 mineable mineral resource. 4 (e) "Mineral well" means any well subject to this part. 5 (F) "MULTISOURCE COMMERCIAL HAZARDOUS WASTE DISPOSAL WELL" 6 MEANS A DISPOSAL WELL THAT RECEIVES HAZARDOUS WASTE THAT IS GEN- 7 ERATED BY MORE THAN 1 PERSON. MULTISOURCE COMMERCIAL HAZARDOUS 8 WASTE DISPOSAL WELL DOES NOT INCLUDE A DISPOSAL WELL THAT 9 RECEIVES HAZARDOUS WASTE GENERATED FROM A SUBSIDIARY OF THE 10 PERSON THAT OWNS OR OPERATES A HAZARDOUS WASTE DISPOSAL WELL. 11 (G)(f)"Natural brine" means naturally occurring mineral- 12 ized water other than potable or fresh water. 13 (H)(g)"Operator" means the person, whether owner or not, 14 supervising or responsible for the drilling, operating, repair- 15 ing, abandoning, or plugging of wells subject to this part. 16 (I)(h)"Owner" means the person who has the right to 17 drill, convert, or operate any well subject to this part. 18 (J)(i)"Person" means any individual, corporation, com- 19 pany, association, joint venture, partnership, receiver, trustee, 20 guardian, executor, administrator, personal representative, or 21 private organization of any kind. 22 (K)(j)"Pollution" means damage or injury from the loss, 23 escape, or unapproved disposal of any substance at any well 24 subject to this part. 25 (l)(k)"Storage well" means a well drilled into a subsur- 26 face formation to develop an underground storage cavity for 27 subsequent use in storage operations. 04475'97 * 3 1 (M)(l)"Supervisor of mineral wells" means the state 2 geologist. 3 (N)(m)"Surface waste" means damage to, injury to, or 4 destruction of surface waters, soils, animal, fish, and aquatic 5 life, or surface property from unnecessary seepage or loss inci- 6 dental to or resulting from drilling, equipping, or operating a 7 well or wells subject to this part. 8 (O)(n)"Test well" means a well, core hole, core test, 9 observation well, or other well drilled from the surface to 10 determine the presence of a mineral, mineral resource, ore, or 11 rock unit, or to obtain geological or geophysical information or 12 other subsurface data. Test well does not include holes drilled 13 in the operation of a quarry, open pit, or underground mine. 14 (P)(o)"Underground storage cavity" means a cavity formed 15 by dissolving rock salt or other readily soluble rock or mineral, 16 by nuclear explosion, or by any other method for the purpose of 17 storage or disposal. 18 (Q)(p)"Underground waste" means damage or injury to 19 potable water, mineralized water, or other subsurface resources. 20 (R)(q)"Waste product" means waste or byproduct resulting 21 from municipal or industrial operations or waste from any trade, 22 manufacture, business, or private pursuit that could cause pollu- 23 tion and for which underground disposal may be feasible or 24 practical. 25 Sec. 62506a. (1) As used in this section: 26 (a) "Hazardous waste", "storage facility", and "treatment 27 facility" have the meanings ascribed to these terms in part 111. 04475'97 * 4 1(b) "Multisource commercial hazardous waste disposal well"2means a disposal well that receives hazardous waste that is gen-3erated by more than 1 person. Multisource commercial hazardous4waste disposal well does not include a disposal well that5receives hazardous waste generated from a subsidiary of the6person that owns or operates a hazardous waste disposal well.7 (B)(c)"Person" includes a governmental entity. 8 (2) Prior to the drilling of a multisource commercial haz- 9 ardous waste disposal well or the conversion of a well to a 10 multisource commercial hazardous waste disposal well, a person 11 shall have obtained a construction permit for an on-site treat- 12 ment facility and storage facility under section 11118. 13 (3) Nothing in the amendatory act that added this section 14 shall be construed to abrogate common law. 15 Sec. 62509. (1) A person shall not drill or begin the 16 drilling of any brine, storage, or waste disposal well, or con- 17 vert any well for these uses, until the owner directly or through 18 his or her authorized representative filesaAN ADMINISTRA- 19 TIVELY COMPLETE written application for a permit to drill or con- 20 vert a well, files a survey of the well site, files an approved 21 surety or security bond, and receives a permit pursuant to the 22 rules of the supervisor of mineral wells. FOR MULTISOURCE COM- 23 MERCIAL HAZARDOUS WASTE DISPOSAL WELLS, THE BOND REQUIRED UNDER 24 THIS SUBSECTION SHALL BE IN AN AMOUNT NOT LESS THAN $25,000.00 25 PER WELL AS PROVIDED BY RULES OF THE SUPERVISOR OF MINERAL WELLS. 26 A fee of $50.00 shall be charged for a brine, storage, or waste 27 disposal well permit. Within 10 days after receivingthe04475'97 * 5 1prescribedAN ADMINISTRATIVELY COMPLETE application and 2 APPLICATION fee, and following investigation, inspection, and 3 approval, the supervisor of mineral wells shall issue the well 4 permit. A permit shall not be issued to any owner or his or her 5 authorized representative who does not comply with the rules of 6 the supervisor of mineral wells or who is in violation of this 7 part or any rule of the supervisor of mineral wells. Upon com- 8 pletion of the drilling or converting of a well for storage or 9 waste disposal and after necessary testing by the owner to deter- 10 mine that the well can be used for these purposes and in a manner 11 that will not cause surface or underground waste, the supervisor 12 of mineral wells, upon receipt of appropriate evidence, shall 13 approve and regulate the use of the well for storage or waste 14 disposal. These operations shall be pursuant to part 31. The 15 supervisor of mineral wells may schedule a public hearing to con- 16 sider the need or advisability of permitting the drilling or 17 operating of a storage or waste disposal well, or converting a 18 well for these uses, if the public safety or other interests are 19 involved. IF, WITHIN 1 YEAR AFTER THE SUPERVISOR OF MINERAL 20 WELLS ISSUES A PERMIT TO DRILL OR CONVERT A WELL FOR STORAGE OR 21 WASTE DISPOSAL, THAT WELL HAS NOT BEEN DRILLED OR CONVERTED, THE 22 PERMITTEE SHALL PROVIDE PUBLIC NOTICE IN A MANNER PRESCRIBED BY 23 THE SUPERVISOR OF MINERAL WELLS OF THE PENDING DRILLING OR CON- 24 VERSION IN A NEWSPAPER OF GENERAL CIRCULATION COVERING THE GEO- 25 GRAPHIC AREA IN WHICH THE WELL IS PROPOSED TO BE LOCATED. IF THE 26 SUPERVISOR OF MINERAL WELLS GRANTS AN EXTENSION TO A PERMIT TO 27 DRILL OR CONVERT A WELL FOR STORAGE OR WASTE DISPOSAL, THE 04475'97 * 6 1 PERMITTEE SHALL PROVIDE PUBLIC NOTICE IN A MANNER PRESCRIBED BY 2 THE SUPERVISOR OF MINERAL WELLS OF THE EXTENSION IN A NEWSPAPER 3 OF GENERAL CIRCULATION COVERING THE GEOGRAPHIC AREA IN WHICH THE 4 WELL IS PROPOSED TO BE LOCATED. 5 (2) THE SUPERVISOR SHALL NOT APPROVE A PERMIT TO DRILL OR 6 CONVERT A MULTISOURCE COMMERCIAL HAZARDOUS WASTE DISPOSAL WELL 7 UNLESS BOTH OF THE FOLLOWING CONDITIONS ARE MET: 8 (A) THE MULTISOURCE COMMERCIAL HAZARDOUS WASTE DISPOSAL WELL 9 WILL BE OR IS LOCATED AT LEAST 1,000 FEET FROM THE BOUNDARY OF A 10 RESIDENTIALLY ZONED AREA THAT WAS ZONED FOR RESIDENTIAL USE ON OR 11 BEFORE THE EFFECTIVE DATE OF THIS SECTION. 12 (B) THE APPLICANT OWNS THE PROPERTY ON WHICH THE MULTISOURCE 13 COMMERCIAL HAZARDOUS WASTE DISPOSAL WELL IS LOCATED OR IS PRO- 14 POSED TO BE LOCATED. 15 (3)(2)A person shall not drill a test well, except as 16 provided in section 62508(c), until the owner directly or through 17 his or her authorized representative files a written application 18 for a permit to drill, files an approved surety or security bond, 19 and receives a permit pursuant to the rules of the supervisor of 20 mineral wells. A fee of $1.00 shall be charged for a permit to 21 drill a test well. Within 10 days after receiving the prescribed 22 application and fee, and following necessary investigation, 23 inspection, and approval, the supervisor of mineral wells shall 24 issue the permit. A permit shall not be issued to any owner or 25 his or her authorized representative who does not comply with the 26 rules of the supervisor of mineral wells or who is in violation 27 of this part or any rule of the supervisor of mineral wells. 04475'97 * 7 1 (4)(3)A permit is not required to drill a test well in 2 those areas of the state where rocks of Precambrian age directly 3 underlie unconsolidated surface deposits or in those areas that 4 have been designated pursuant to section 62508(c). However, 5 within 2 years after completion of the drilling of the well, the 6 owner shall advise the supervisor of mineral wells of the loca- 7 tion of the well and file with the supervisor of mineral wells 8 the log required under section 62508(d). The provisions of this 9 part pertaining to the prevention and correction of surface and 10 underground waste have the same application to these test wells 11 as to other wells defined in this part. 12 (5)(4)Upon request, the supervisor of mineral wells may 13 issue a blanket permit to drill test wells within a limited or 14 local area where a geological test program is intended, and issue 15 a blanket permit to drill test wells to qualified persons. 16 (6)(5)All information and records pertaining to the 17 application for and issuance of permits for wells subject to this 18 part shall be held confidential in the same manner as provided 19 for logs and reports on these wells. 20 (7)(6)The supervisor of mineral wells shall deposit all 21 fees in the state treasury to be credited to the general fund. 22 Enacting section 1. This amendatory act does not take 23 effect unless Senate Bill No. _____ or House Bill No. _____ 24 (request no. 04479'97) of the 89th Legislature is enacted into 25 law. 04475'97 * Final page. JCB