Section R. 323.2226 - Cessation of discharge-related activitiesRule 2226.
(1) A discharger who has eliminated all or any portion of a discharge area or treatment system or intends to eliminate a discharge area or treatment system shall comply with subrules (2) to (4) of this rule. The department may waive the requirements of subrules (2) and (4) of this rule upon written request by a discharger who intends to temporarily cease the use of a discharge area or treatment system for longer than 9 months.(2) A discharger shall eliminate all physical threats associated with discharge-related facilities not later than 5 calendar days after use of the facility has ceased.(3) A discharger shall comply with part 201, if applicable, or part 213, if applicable.(4) If a discharge is authorized under R 323.2218 or involves the use of a lagoon, including a discharge authorized before the effective date of these rules, then a discharger shall close the facility as follows, unless otherwise authorized by the department: (a) Not less than 75 calendar days before the cessation of discharge- related activities, a discharger shall representatively characterize the wastewater, soils, sediments, and sludges in the following manner:(i) A discharger shall representatively characterize the wastewater according to R 323.2220.(ii) A discharger shall conduct a totals analysis for substances that may be present, given the nature of the discharge, on representative samples of soils affected by the discharge and representative samples of sediment and sludges associated with the discharge. The totals analysis shall be according to procedures described in R 323.2220(3). Samples shall be selected using procedures determined by the department.(iii) If the totals analysis for a substance is more than 20 times the toxicity characteristic regulatory level under part 111, then a discharger shall conduct a toxicity characteristic leaching procedure according to EPA method 1311 on representative samples of the soils, sediments, and sludges, as appropriate. EPA method 1311 is found in the EPA document entitled "Test Methods for the Evaluation of Solid Waste, Physical-Chemical Methods," SW-846, 3rd Edition, September 1986, as updated through the effective date of these rules. EPA method 1311 is adopted in these rules by reference and is available for inspection at the Lansing office of the department of environmental quality, waste management division. EPA document SW-846 and updates may be purchased from the United States Government Printing Office, Superintendent of Documents, P.O. Box 371954, Pittsburgh, Pennsylvania 15250-7954, or the Michigan Department of Environmental Quality, Waste Management Division, P.O. Box 30241, Lansing, Michigan 48909, at a cost at the time of adoption of these rules of $319.00, plus shipping and handling.(b) Within 30 days of completing the characterization, a discharger shall submit a closure plan meeting the requirements of subdivision (c) of this subrule to the department for review and approval. The closure plan shall include a schedule for implementation of closure activities as follows: (i) Within 45 calendar days of receipt, the department shall approve the closure plan, approve the plan with modifications, or deny the plan. If a plan is denied by the department, then a discharger shall resubmit the plan within 30 days.(ii) Implementation of the closure plan shall be initiated within 30 calendar days of approval and shall be completed within 1 year .(c) Closure activities shall comply with the following provisions, as applicable: (i) If the level of a contaminant in the groundwater qualifies the site as a facility as defined by part 201, then the discharger shall comply with the requirements of part 201 with respect to the groundwater.(ii) If the groundwater exceeds a standard established for criteria by the department under section 21304(a) of the act, then a discharger shall comply with the requirement of part 213 with respect to the groundwater.(iii) If the characterization of wastewater remaining at the cessation of the discharge indicates that wastewater concentrations exceed a standard of R 323.2222, then a discharger shall treat and dispose of the wastewater as authorized by this part or remove the wastewater from the site to an approved wastewater treatment plant for treatment and disposal.(iv) Any sediments and sludges shall be managed in accordance with part 111 or part 115, as appropriate.(v) Soils associated with the discharge shall be managed in accordance with part 111, part 115, or part 201, as appropriate.(d) The department may require postclosure monitoring activities to evaluate the effectiveness of closure activities.(e) A discharger shall notify the department before implementing activities described in the approved closure plan and certify completion of the approved closure plan. One of the following shall certify completion of the plan: (i) An engineer licensed under Act No. 299 of the Public Acts of 1980, as amended, being R 339.101 et seq. of the Michigan Compiled Laws, and known as the occupational code.(ii) A professional geologist certified by the American Institute of Professional Geologists, 7828 Vance Drive, Suite 103, Arvada, Colorado 80003.(iii) A professional hydrologist certified by the American Institute of Hydrology, 2499 Rice Street, Suite 135, St. Paul, Minnesota 55113.(iv) A groundwater professional certified by the National Ground Water Association, Association of Groundwater Scientists and Engineers Division, 601 Dempsey Road, Westerville, Ohio 43081.(v) Another groundwater professional certified by an organization approved by the department.Mich. Admin. Code R. 323.2226
1980 AACS; 1998-2000 AACS