Mich. Admin. Code R. 285.641.2

Current through Vol. 24-24, January 15, 2025
Section R. 285.641.2 - Storage facility registration

Rule 2.

(1) A person shall not operate a storage facility in Michigan until it is registered with the department. Each facility shall submit a registration application on forms provided by the department. The registration application shall disclose the physical location of the facility and its mailing address if different from the address on the application. A person shall submit a discharge response plan under R 285.641.14 and a site plan of the facility with the registration application. 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 to and from the storage facility.
(ii) Approximate distance to, and the identity of, lakes, streams, drainage ditches, or storm drains within 0.5 mile of the storage facility location.
(iii) The distance and direction to the 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 all of the following information for each tank:
(i) The construction material.
(ii) The capacity.
(iii) The diameter.
(iv) The height.
(v) The product stored.
(vi) The date of installation.
(d) Secondary and operational area containment construction plans and the capacity of the containments in gallons.
(e) If synthetic liners or synthetic materials are used, containment structure manufacturer installation instructions and confirmation of compatibility with fertilizer. If prefabricated basins are used, containment structure manufacturer confirmation of compatibility with fertilizer 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 fertilizer materials, rinsewater, and precipitation accumulation.
(2) For a facility which is in operation on the effective date of this rule and which does not meet the containment requirements of this rule, the facility shall submit both of the following with the registration application:
(a) Items that are required under 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 a facility that has containments under construction or that has plans for construction, the facility shall submit annually the items specified in subrule (2) of this rule 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, then facility need not submit the items in subrules (1) and (2) of this rule with the storage facility registration application/renewal.
(6) The department may approve a registration application with conditions if the applicant facility has met the requirements of subrules (2) to (5) of this rule. A facility applying for an approval 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 may deny a registration 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 notify an applicant regarding the status of their registration within 120 days of receipt of the registration. This notification shall indicate the conditions of approval or the reasons for denial of registration, if applicable. An applicant facility shall be deemed registered for operation for 1 year if the department does not respond within the 120 days.
(9) The department may exempt any person from a requirement under these rules if compliance is not technically feasible and if the department finds that alternative measures provide substantially similar protection against a discharge to the environment. The person who requests the exemption shall provide all information which is required to prove that substantially similar protection is possible to the department.
(10) For the year in which this rule takes effect, a facility applicant shall submit a registration application to the department within 180 days of the effective date of this rule.

Mich. Admin. Code R. 285.641.2

1998-2000 AACS