Kathie Marchlewski, Midland Daily News 04/14/2005
Sen. Mike Goschka and Rep. John Moolenaar introduced legislation Wednesday in the state Senate and House that they hope will keep dioxin-contaminated properties from the stigmatic "facility" label.
The designation applied by state law potentially reduces property values by requiring owners to disclose contamination information to potential buyers. It also limits activities on property by preventing owners from moving or disturbing contaminated soil.
"The state must use sound science before arbitrarily making a decision that will have a negative impact on the area," Moolenaar said. "A cloud has been hanging over residents who live along the Tittabawassee River area for two years with no resolution. A more thorough review is required before the state sounds an economic death toll for such a large swath of land."
The proposed legislation would require that on-site testing show dioxin levels in excess of the state's residential contact criteria of 90 parts per trillion before the facility designation is applied and would require consideration of a risk assessment based on bioavailability and human exposure studies.
Local residents could request the label, which would require the party responsible for the contamination to fund cleanup.
"Simply put, we need a clear policy in place for when such a designation is made," Goschka said. "This legislation will address the blatantly subjective nature of the (Department of Enviornmental Quality's) subjective practices, and will instead place greater value upon sound science and common sense."
While the Michigan DEQ has been blamed for broad use of the label, Director Steve Chester repeatedly has said the department is not involved in the matter, and that because it falls under state law, the issue must be addressed through legislation.
©Midland Daily News 2005
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