Section 285.640.3. Siting of storage facilities.

(1) The siting of a bulk pesticide storage facility shall comply with applicable local, state, and federal regulations.

(2)  New bulk storage facilities and their respective   containment  areas shall be located as follows:

(a)  Above a floodplain as defined in R 285.640.1(1).

(b)   A minimum of 200 feet from surface water.

(c)   A minimum of 2,000 feet from type I and type IIa public water supply wells, as defined by the provisions of Act No. 399 of the Public Acts of 1976, as amended, being S325.1001 et seq. of the Michigan Compiled  Laws.

(d)   A minimum of 800 feet from type IIb and type III public water supply wells, as defined by the provisions of Act No. 399 of the Public Acts of 1976, as amended, being S325.1001 et seq. of the Michigan Compiled  Laws.

(e)    A minimum of 150 feet from all other drinking water supplies that are not defined by the provisions of Act No. 399 of the Public Acts of 1976, as amended, being S325.1001 et seq. of the Michigan Compiled  Laws.

(3)   Existing bulk storage facilities that have approved containment shall have the outside base of the containment areas located   as  follows:

(a)   A minimum of 200 feet from type I and type IIa public water supply wells, as defined by the provisions of Act No. 399 of the Public Acts of 1976, as amended, being S325.1001 et seq. of the Michigan Compiled  Laws.

(b)   A minimum of 75 feet from type IIb and type III public water supply wells, as defined by the provisions of Act No. 399 of the Public Acts of 1976, as amended, being S325.1001 et seq. of the Michigan Compiled  Laws.

(c)   A minimum of 50 feet from all other drinking water supplies that are not defined by the provisions of Act No. 399 of the Public Acts of 1976, as amended, being S325.1001 of the Michigan Compiled Laws.

(4)    All bulk storage facilities shall utilize appropriate engineering safeguards to prevent water supply contamination if the floodplain, surface water, or water supply setback requirements in   subrules  (2)   and

(3)   of this rule cannot be met.  These  engineering    safeguards    shall    be implemented before initial approval of   a facility  registration  by  the department.

(5)   Bulk storage construction standards for primary, secondary, and operational containment  facilities  that  are    constructed   after   the effective date of this rule shall be of a type recommended by any  of  the following entities:

(a)   ) Michigan state university.

(b)   Midwest plan service.

(c)   Tennessee valley authority.

(d)  A licensed engineer.

(e)   Other sources approved by the department.

(6)    The department is not liable for the structural integrity   of  a department- approved storage facility.

History: 1992 AACS.