Section 299.51009. Compliance with section 20107a(1)(b) of act; discarded or abandoned aboveground containers.

(1) To be in compliance with section 20107a(1)(b) of  the   act with respect to a container at the property that is on or above the ground surface, and with respect to the portion of a container that is partially on or above the ground surface, an owner or operator shall manage the container in a manner that can be reasonably expected to prevent a release  from  the container in a quantity which is  or   may  become  injurious to the  public health, safety, or welfare or to the environment.  However, if the  container is too large to allow it to be moved practically to inspect the integrity of the entire container, then the owner or operator shall prevent a release in a quantity that is or may become injurious to the public health, safety, or welfare or to the environment that would be evident from inspection of the visible portions of the container and the surrounding surface.

(2)    If containers are located inside a structure that, upon reasonable inquiry, is determined to be deteriorating, then the owner or operator shall take reasonable and prudent measures to assure that  deterioration   of  the structure does not lead to damage to the containers which may result in a release.

(3)   If a release occurs from a container as a result of a failure to comply with subrule (1) or (2) of this rule, then the owner or operator shall stop the release and take all other steps necessary to  comply  with  requirements applicable to a new release.

(4)    The requirements of this rule shall be in addition to the requirements of other applicable laws and regulations to which the owner or operator is subject, except as provided in sections 20129a(5) and 20142 of the act.

History: 1999 MR 2, Eff. Mar. 11, 1999.