Section 299.51003. Applicability; compliance with section 20107a of act generally; documentation of compliance.

(1) The requirements of this part apply to a person who is subject to section 20107a of the act and to conditions about which he or she has knowledge, based upon all appropriate inquiry.

(2)   For purposes of compliance with part  10  of  these  rules,   an acquiring agency under 1980 PA 87, MCL 231.51 et seq., and known as the uniform condemnation procedures act, shall not become the    owner   or operator  of  a property that is a facility or a portion of a facility until possession of the facility or portion of the facility has been transferred to the acquiring agency.

(3)   A person who is subject to section 20107a of the act  shall,   except as provided in R 299.51019, undertake response activity  as  necessary   to comply with section 20107a of the act and these rules on the property that he or she owns or operates and provide notices as described in R 299.51017   with respect to a hazardous substance that he or she

has reason to believe is emanating from, or has emanated from, and is  present beyond,   the boundary of the property that he or she owns or operates.

(4)   The requirements of section 20107a of  the act  apply  to    all    of the following:

(a)    Discarded or abandoned containers   that  contain   a  quantity  of hazardous substance which is or may become injurious to the public  health, safety,  or welfare or to the environment.

(b)   A threat of release of a quantity of hazardous substance that is or may become injurious to the public health, safety, or welfare or  to the environment.

(c)      Hazardous substances that have otherwise been released at the property.The requirements do not apply to hazardous substances being lawfully used in operations at the property or being properly stored at the property.

(5)    A person who is subject to section 20107a of the act shall maintain documentation of compliance with section 20107a of the act and shall provide the documentation to the department upon  request.  All  of   the following provisions apply to the documentation of compliance:

(a)      With  regard  to  section  20107a(1)(b)   of  the   act,   required documentation shall consist of all of the following:

(i)    Identification of exposure pathways that are complete, or are likely to become complete, in light of the intended use of the  property  and the features of the property, including potential  exposure barriers such as structures or pavement.

(ii)   Information about the concentrations of hazardous substances   to which persons may be exposed in each pathway identified through the analysis described in paragraph  (i)  of  this   subdivision,   unless    a reasonable evaluation of the conditions at the property supports the conclusion that quantification of hazardous substance exposures   is  not necessary to determine   that  there   is  no  unacceptable   exposure under R 299.51013.

(iii)    A description of the response activity or other measures, such as work schedule adjustments or personal protective equipment, if any, that are or may be required to mitigate any unacceptable exposures in compliance with R 299.51013.

(iv)   Records about the implementation of  any  response    activity   or other measures not evident through inspection.

(v)     Copies of any notices provided under R 299.51013(6), R 299.51015, and R 299.51017.

(b)   If compliance with section 20107a of the  act   is  accomplished   by measures that are evident as the result of inspection, such as fences, pavement, or the presence of buildings, then ongoing documentation, beyond the initial analysis of the measures, is not required.

(c)    If a department-approved remedial action plan has been implemented at a facility, then    additional     documentation      of     compliance     with section 20107a(1)(b) of the act is not  required  if   conditions  that determine exposures to hazardous substances at the property remain unchanged.

(6)   Except as provided in R 299.51017(4)(c), the  documentation    required by subrule

(5)   of this rule shall, for a person who became the owner or operator of a facility before March 11, 1999, be available  to   the department upon request not later than March 11, 2000. For a person who became the owner or operator of a facility on or after March 11,  1999,   the required documentation shall be available to the department

upon request not later than 8 months after the earliest of the date of purchase, occupancy, or foreclosure. The time frames specified in this subrule do not alter the continuing obligation of a person who is subject to section 20107a of the act to be in compliance with the law and these rules.

History: 1999 MR 2, Eff. Mar. 11, 1999; 2002 MR 24, Eff. Dec. 21, 2002.