Section 285.640.2. Storage facility registration.

(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.

History: 1992 AACS.