February 23, 2006

The Department of Environmental Quality has issued a directive to oil and gas producers clarifying notification requirements for oil or gas spills under Michigan’s cleanup law. The directive is in response to concerns expressed by several citizens that property owners may not be receiving adequate notice when spills occur.

“Our focus is to work closely with the oil and gas industry to prevent spills from occurring,” said DEQ Director Steven E. Chester. “But the bottom line is that when they do occur, the public has a right to know, and a right to understand the risks involved.”

Under the new DEQ directive, an oil or gas producer who is responsible for a spill must notify the owner of the property if a spill results in hazardous substances in the soil or groundwater that exceed statewide cleanup criteria. The directive spells out the applicable cleanup criteria and the specific information that must be reported. In accordance with existing cleanup rules, notification is required within 45 days of the spill. Producers are also required to notify owners of property adjacent to the oil and gas site if a spill migrates onto or underneath their property.

Michigan’s oil and gas regulations also require producers to report spills to the DEQ unless the spill volume is less than 42 gallons, occurs when a representative of the producer is present, and is cleaned up within one hour. DEQ staff monitors all spill incidents and assures that proper action is taken to prevent damage to the environment or to public health.

Editor’s note: DEQ news releases are available on the department’s Internet home page at www.michigan.gov/deq.

“Protecting Michigan’s Environment, Ensuring Michigan’s Future”

Revised February 23, 2006 by Pat Watson