Section 299.51015. Notice to department of discarded or abandoned containers.

(1) Except as provided in subrules (2), (3), and (4) of this rule and in R 299.51021, an owner or operator who is subject to section 20107a of the act shall notify the department, in writing, of the presence of discarded or abandoned containers at the property that contain a quantity of hazardous substance which is or may become injurious to the public health, safety, or welfare or to the environment. The owner or operator shall provide the required notice by September 11, 1999, within 45 days of becoming the owner or operator, or within 45 days of acquiring knowledge of the discarded or abandoned containers, whichever is later. The notice required by this rule shall include all information known to the owner or operator  about  the number, type, size, and contents of the discarded or abandoned containers.

(2)    The notification requirement of subrule (1) of this rule does not apply to an owner or operator who disposes of discarded or abandoned containers and their contents   according  to  all   applicable   laws   and regulations by  September 11, 1999,

within 45 days of becoming the owner or operator, or within 45 days of acquiring knowledge of the discarded or abandoned containers, whichever is later. If the response activity is not complete within 45 days,  then  an owner or  operator   shall give notice that would otherwise have been required by subrule (1) of this rule to the department within 14 days after the end of the 45-day period provided in this subrule to complete the response activity.

(3)   In place of the notice required by subrule (1) of this rule, a person who owns or operates an underground storage tank that is subject to notice or registration requirements, or both, under other state or federal requirements shall comply with the notice or registration requirements.

(4)     If an owner or operator discloses a  baseline  environmental assessment under section 20126(1)(c)(ii) of the  act,  and  the  baseline environmental assessment includes identification of discarded or abandoned containers at the property on a form provided by the department  for   that purpose,  then separate  notice  under   subrule  (1) of this rule is not required.Identification of an underground storage tank in a baseline environmental assessment does not eliminate or modify  the  obligation  of  an  owner or operator to comply with any notice or registration requirements applicable to the underground storage tank under other state or federal requirements.

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