Mich. Admin. Code R. 285.640.15 - Discharge response plan

Rule 15.

(1) An operator of a storage facility shall prepare a written discharge response plan for the storage facility. The plan shall include all of the following information:

(a) The identities and telephone numbers of the persons or agencies that shall be contacted in the event of a discharge, including the persons who are responsible for the stored pesticide.

(b) For each bulk pesticide that is stored at the facility, a complete copy of the storage container labeling that is required by this rule and the labeling required by the provisions of Act No. 171 of the Public Acts of 1976, as amended, being S286.551 et seq. of the Michigan Compiled Laws, to accompany the sale of the pesticide.

(c) An identification, by location, of every bulk storage container that is located at the bulk storage facility, together with the type of pesticide it contains. The plan need not include the specific location of each storage container of minibulk pesticide if the plan includes the general location within the facility where storage containers of minibulk pesticide are held.

(d) For each type of pesticide that is stored at the facility, the procedures to be used in controlling and recovering, or otherwise responding to, a discharge or spill.

(e) The procedures to be followed in using or disposing of a recovered discharge or spill.

(2) An operator shall keep the plan current at all times.

(3) A copy of the plan shall be kept readily available at the storage facility and at the nearest local office from which the storage facility is administered and shall be available for inspection by the department.

(4) The operator of the storage facility shall inform the local fire and police departments of the existence of the plan and shall provide a current copy of the plan to the local fire and police departments.

(5) The owner or manager of a bulk pesticide storage facility shall conduct emergency and discharge response training for all new and existing employees of the facility annually before the beginning of the pesticide use season. New employees shall receive training within 30 days of employment. A firm's owner, manager, and employees are responsible for following the firm's emergency and discharge response plan procedures.

(6) All of the following provisions apply to emergency equipment and supplies:

(a) Every storage facility shall have access to pumps and recovery containers that can be used to control and recover discharges. Pumps, recovery containers, and persons who are capable of deploying and operating pumps and recovery containers shall be readily available in an emergency. Pumps and recovery containers may include pumps and recovery containers that are operated by a localfire department or other persons if the use and availability of the pumps and recovery containers is arranged in advance as part of a discharge response plan.

(b) Absorbent materials that are suitable for the control and cleanup of smaller discharges shall be readily available to every storage facility. Used absorbent materials shall be disposed of properly.

(c) Reportable agrichemical spills, as defined in the provisions of SARA title III and CERCLA, shall be immediately reported by telephone to both of the following entities:

(i) Michigan department of natural resources, 1-800-292-4706, available 24 hours a day.

(ii) National response center, 1-800-424-8802.

(d) Any discharge that is not covered by the provisions of SARA title III or CERCLA pertaining to reportable agrichemical spills shall be immediately reported to the department of natural resources.

(7) Full compliance with the provisions of this rule is required on the effective date of this rule.

Notes

Mich. Admin. Code R. 285.640.15

1992 AACS