Mich. Admin. Code R. 285.640.2 - Storage facility registration

Rule 2.

(1) A person shall not operate a storage facility in Michigan until it is registered with the department. A registration application shall be submitted for each facility on forms provided by the department. The registration application shall disclose the physical location of the facility and its mailing address if different from that on the application.

Together with the registration application, a person shall submit a discharge response plan in accordance with the provisions of R 285.640.15 and a site plan of the facility. The site plan shall include all of the following:

(a) A plot plan or map of the property that shows all structures and the location of all wells on the site.

(b) A plot plan or map that shows all of the following:

(i) Precipitation runoff routes from the storage facility.

(ii) Approximate distance to, and identity of, lakes, streams, drainage ditches, or storm drains within 0.5 mile of the storage facility location.

(iii) Distance and direction to nearest public and private wells.

(iv) Site soil characteristics.

(v) Depth to groundwater.

(c) A plot plan or map that shows the location of bulk storage tanks and their horizontal, raised, or vertical situation at the site, and a tank schedule that provides for each tank, all of the following information:

(i) The construction material.

(ii) The capacity.

(iii) The diameter.

(iv) The height.

(v) The product stored.

(d) Secondary and operational area containment construction plans and the capacity of such containment areas in gallons.

(e) If synthetic liners or synthetic materials are used, containment structure manufacturer installation instructions and confirmation of compatibility with pesticides. If prefabricated basins are used, containment structure manufacturer confirmation of compatibility with pesticides and an estimate of the life expectancy of the structure.

(f) An operational plan for containment areas that shows the handling and utilization of recovered pesticide materials, rinsewater, and precipitation accumulation.

(2) For facilities which are in operation on the effective date of this rule and which do not meet the containment requirements of this rule, both of the following shall be submitted with the registration application:

(a) Items that are required pursuant to the provisions of subrule (1) of this rule.

(b) Designs for required containment structures, including the amount of construction that has been completed and a timetable for complete compliance with this rule.

(3) All registrations expire on December 31 of each year. The facility site plan need not be submitted with the registration application after the first registration is approved unless modifications to the facility occur affecting subrules (1) and (2) of this rule.

(4) For facilities with containments under construction or with plans for construction, the items specified in subrule (2) of this rule shall be submitted annually with the registration application until the construction has been completed.

(5) After an initial storage facility registration has been completed, if changes or modifications have not occurred since the latest registration, the items specified in subrules (1) and (2) of this rule are not required to be submitted with the storage facility registration application or renewal.

(6) The department shall have the authority to approve with conditions a registration application if the applicant facility has met the requirements of subrules (2) to (5) of this rule. All approvals with conditions shall meet timetables for project completion as approved by the department and may have a maximum of 5 years to fully complete a project.

(7) The department shall have the authority to deny a registration application if the applicant facility does not meet the requirements of this rule. The applicant facility may appeal a registration denial to the department director for reevaluation.

(8) The department shall inform an applicant of approval, approval with conditions, or denial of registration and shall indicate the conditions of approval or the reasons for denial of registration, if applicable.

(9) The department may exempt any person from a requirement under this rule if compliance is not technically feasible and the department finds that alternative measures provide substantially similar protection against a discharge to the environment. All information which is required to prove that substantially similar protection is possible shall be provided to the department by the person who requests the exemption.

(10) For the year in which this rule takes effect, registration applications shall be submitted to the department within 180 days of the effective date of this rule.

Notes

Mich. Admin. Code R. 285.640.2

1992 AACS