Section 29.2151. Temporary closure.

Section 280.70 is amended to read as follows: Section 280.70. Temporary closure.

(a)   A UST system shall be considered temporarily closed if it is empty for more than 30 continuous days and it is intended to be brought back into use within 12 months. Owners and operators shall continue the operation and maintenance of corrosion protection in accordance with section 280.31 and any release detection in accordance with subpart D of these rules. However, release detection is not required if the UST system is empty. The UST system is empty when all materials have been removed using commonly employed  practices  so  that  not   more  than  2.5 centimeters (1 inch) of residue or 0.3% by weight of the total capacity of the UST system remains in the system. The provisions of subparts E and F of these rules shall be complied with if a release is suspected or confirmed. The owner shall provide the department with written notification, using the registration form provided by the department, indicating that the UST system will be temporarily closed for nnot more than 12 months and that the owner intends to bring the UST system back into service within the 12-month period.

(b)   If a UST system is temporarily closed, then the owners and operators shall also comply with both of the following requirements:

(1)   Leave vent lines open and functioning

(2)   Cap and secure all other lines, pumps, manways, and ancillary equipment.

(c)   If a UST system is temporarily closed for more than 12 months, then the owners and operators shall permanently close the UST system if it does not meet either the performance standards specified in section 280.20 for new UST systems or the upgrading requirements specified in section 280.21, except that the spill and overfill equipment requirements do not have to be met. Owners and operators shall permanently close the substandard UST  systems  at the end of the 12-month period in accordance with sections

280.71 to 280.74, unless the department provides an extension of the 12-month temporary closure period. The request shall be received in writing not less than 30 days before the 12-month deadline ends. The extension shall not be for more than 12 months. Owners and operators shall complete a site assessment in accordance with section 280.72 before applying for an extension.

(d)    The owner of a temporarily closed UST system is subject to payment of a registration fee under part 211 of Act No. 451 of the Public Acts of 1994, as amended, being MCL 324.21101 et seq. of the Michigan Compiled Laws.

(e)    Immediately before bringing a UST systems back into use, the owners and operators shall perform tank and piping tightness  tests  conducted  in accordance with the requirements of sections 280.43(c) and 280.44(b) on a UST system that is temporarily closed for 12 months or more and shall confirm that the UST system is tight.

History: 1998-2000 AACS.