Section 299.51017. Notice to department and to affected adjacent property owners of contamination migrating beyond boundaries of property owned or operated by person subject to section 20107a of act; special provisions for notice by permittees under part 615 of act and by easement holders.

(1) A person who is subject to section 20107a of the act and who has reason to believe that a hazardous substance is emanating from, or has emanated from, and is present beyond his or her property boundaries at a concentration in excess of criteria developed by the department under section 20120a(1)(a) of the act shall provide notice to the department   and to  the owner of the affected adjacent property as required in subrules (4) and (5) of this rule, except that subrules (4) and (5) shall not apply for permitted releases. The notices required by this subrule shall also be made  if hazardous substances emanating from his or  her  property  enter surface  waters  of the  state   on  or  adjacent  to   the  property  in concentrations  that   exceed   generic GSI criteria established under R 299.5716. The requirement to notify the department and the affected adjacent property owner shall be based on reasonable inferences that can be made from  available   data  about  the facility, including, but not  limited to, data gathered through investigation undertaken to comply with  section 20114(1)(a) of the act.

(2)   A person who holds a permit for an oil and gas well under   part   615 of the act and is subject to section 20107a  of   the  act,  shall   provide the notice required by this rule to the department and to owner  of  the surface rights of the property if  a  release from the oil and gas exploration or production  activities  results   in  hazardous substance concentrations in excess of criteria developed by the department under section 20120a(1)(a) or (17) of the act on property where the well or related surface

activity exists. This  notice  is  required  in   addition  to  the migration notice  required by subrule (1) of this rule, if applicable.

(3)     A person who holds an easement and is subject to section 20107a of the act, shall provide notice, as called for in subrule (1) of this rule, to the department and to the grantor of the easement, or the grantor's successor in interest, if any, if there is a release from the easement  holder's activities that results in hazardous substance  concentrations in excess of  criteria developed by the department under section 20120a(1)(a)   or  (17) of the act on property where the easement exists. Such notice shall be in addition to the notice required by subrule (1) of this rule, if applicable to the release in question.

(4)    A person shall provide the notice required by subrule (1) of this rule to the department and to the affected adjacent property owner, in writing, within the following time frames:

(a)   Except as provided in subdivision (c) of this subrule, with  regard to conditions that were not known to the owner or operator before March 11, 1999, notice shall be provided within 45 days after the owner or operator has reason to believe that hazardous substances have migrated, or are likely to have migrated, beyond the property boundary.

(b)   Except as provided in R 299.51021 and subdivision (c) of  this subrule, with regard to conditions that were known to  the   owner  or operator  before March 11, 1999, notice shall have been provided by  June  9, 1999.

(c)    If a person is required to provide additional notice as a result of these amendatory rules, then the additional notice shall be made and included in the documentation of compliance required by R 299.51003(5) not later than 9 months after the effective date of these amendatory rules.

(5)   The department may prescribe a form to be  used   for  reports  made under this rule. All of the following information shall be included in a report provided under this rule:

(a)   The location of the property.

(b)   The name, address, and telephone number  of   the  property  owner or operator who is submitting the notice.

(c)   The name, address,  and  telephone  number  of   a  contact   person familiar with the content of the notice.

(d)   The name, chemical abstract service number, and maximum measured concentration of the hazardous substance or substances that have migrated, or are likely to have  migrated,  up  to or beyond the property boundary.

(6)     A person who has provided the notice required by section 21309a of the act is not required to make the notice to affected   adjacent    property owners called for in subrule

(1)   of this rule.

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