Michigan Compiled Laws

Mich. Comp. Laws § 324.21311a (2026)

Final assessment report; information; providing supporting documentation upon request.

✓ current as of July 2026
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NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT


Act 451 of 1994


324.21311a Final assessment report; information; providing supporting documentation upon request.

Sec. 21311a.

    (1) Within 365 days after a release has been discovered, an owner or operator that is liable under section 21323a shall complete a final assessment report that includes a corrective action plan developed under section 21309a and submit the report to the department on a form created pursuant to section 21316. The report shall include the following information:

    (a) A site assessment under the RBCA process, as necessary for determining site classification, and the extent of contamination relative to the applicable RBSLs or applicable SSTLs set forth in the corrective action plan.

    (b) Tier II and tier III evaluation, as appropriate, under the RBCA process.

    (c) A feasibility analysis. The following shall be included, as appropriate, given the site conditions and the applicable RBSL or applicable SSTL:

    (i) On-site and off-site corrective action alternatives to remediate contaminated soil and groundwater for each cleanup type above the applicable RBSL or applicable SSTL, including alternatives that permanently and significantly reduce the volume, toxicity, and mobility of the regulated substances if above the applicable RBSL or applicable SSTL.

    (ii) An analysis of the recoverability and whether the NAPL is mobile or migrating.

    (iii) The costs associated with each corrective action alternative including alternatives that permanently and significantly reduce the volume, toxicity, and mobility of the regulated substances that are above the applicable RBSL or applicable SSTL.

    (iv) The effectiveness and feasibility of each corrective action alternative in meeting cleanup criteria that are above the applicable RBSL or applicable SSTL.

    (v) The time necessary to implement and complete each corrective action alternative.

    (vi) The preferred corrective action alternative based upon subparagraphs (i) through (v) and an implementation schedule for completion of the corrective action.

    (d) A corrective action plan.

    (e) A schedule for corrective action plan implementation.

    (2) The owner or operator that is liable under section 21323a shall provide supporting documentation to the data and conclusions of the final assessment report upon request by the department. The department shall not require any additional information beyond that required under this section to be included in its final assessment report.

History: Add. 1995, Act 22, Imd. Eff. Apr. 13, 1995 ;-- Am. 1996, Act 116, Imd. Eff. Mar. 6, 1996 ;-- Am. 2012, Act 110, Imd. Eff. May 1, 2012 ;-- Am. 2012, Act 446, Imd. Eff. Dec. 27, 2012

PopularName Notes:

Act 451

PopularName Notes:

NREPA
Notes of Decisions
Cited in 2 cases, 2007–2016 · leading case: Attorney Gen. Ex Rel. Dep't of Env't Quality v. Bulk Petroleum Corp., 741 N.W.2d 857 (Mich. Ct. App. 2007).
Attorney Gen. Ex Rel. Dep't of Env't Quality v. Bulk Petroleum Corp., 741 N.W.2d 857 (Mich. Ct. App. 2007). · cites it 3× “Defendants failed to comply with the requirements of the UAO, and they also failed to submit a final assessment report (FAR) detailing their progress in remediating the site as required by § 21311a, MCL 324.21311a, of part 213 of the Natural Resources and Environmental…”
Carson City Hosp. v. Quick-Sav Food Stores Ltd (Mich. Ct. App. 2016). “6 Pursuant to MCL 324.21311a(1), within 365 days of the discovery of a release, the owner or operator must complete a FAR that includes the CAP required under MCL 324.”
— Mich. Comp. Laws § 324.21311a(1) — 1 case
Carson City Hosp. v. Quick-Sav Food Stores Ltd (Mich. Ct. App. 2016). “6 Pursuant to MCL 324.21311a(1), within 365 days of the discovery of a release, the owner or operator must complete a FAR that includes the CAP required under MCL 324.”
— Mich. Comp. Laws § 324.21311a(l) — 1 case
Attorney Gen. Ex Rel. Dep't of Env't Quality v. Bulk Petroleum Corp., 741 N.W.2d 857 (Mich. Ct. App. 2007). “Defendants failed to comply with the requirements of the UAO, and they also failed to submit a final assessment report (FAR) detailing their progress in remediating the site as required by § 21311a, MCL 324.21311a, of part 213 of the Natural Resources and Environmental…”
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