Section 285.641.3. Siting of storage facilities.

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

(2)    A storage facility shall locate its new bulk storage facilities and its respective containment areas shall be located as follows:

(a)    Above a floodplain as defined in R 285.641.1(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 in Act No. 399 of the Public Acts of 1976, as amended, being §325.1001 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 in Act No. 399 of the Public Acts of 1976, as amended, being §325.1001 et seq. of the Michigan Compiled Laws.

(e)     A minimum of 150 feet from all other drinking water supplies that are not defined in Act No. 399 of the Public Acts of 1976, as amended, being §325.1001 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 in Act No. 399 of the Public Acts of 1976, as amended, being §325.1001 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 in Act No. 399 of the Public Acts of 1976, as amended, being §325.1001 et seq. of the Michigan Compiled Laws.

(c)    A minimum of 50 feet from all other drinking water supplies that are not defined in Act No. 399 of the Public Acts of 1976, as amended, being §325.1001 et seq. 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. A storage facility shall implement the engineering safeguards before initial approval of a facility registration  by the department.

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

(a)     )  Michigan state university.

(b)     Midwest plan service.

(c)     Tennessee valley authority.

(d)    United States Department of Agriculture natural resources conservation service.

(e)     ) A licensed engineer.

(f)    Other sources approved by the department.

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

History: 1998-2000 AACS.