Terms Used In Michigan Laws 324.21102a

  • Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 324.301
  • Release: means any spilling, leaking, emitting, discharging, escaping, leaching, or disposing from an underground storage tank system into groundwater, surface water, or subsurface soils. See Michigan Laws 324.21101
    (1) Except as provided in subsection (2), a person shall not install an underground storage tank that meets any of the following conditions:
    (a) Is within 2,000 feet of an existing type I community or type IIa noncommunity public water well.
    (b) Is within 800 feet of an existing type IIb or type III noncommunity public water well.
    (c) Is within 300 feet of any other type of well not described in subdivision (a) or (b).
    (2) A person that wishes to install an underground storage tank that does not meet the conditions described under subsection (1) may only replace an active underground storage tank if both of the following requirements are met:
    (a) A professional engineer or qualified underground storage tank consultant certifies that a combination of the construction material of the underground storage tank and the leak detection used to monitor the underground storage tank is more likely to prevent and detect a release from the replacement underground storage tank than the existing underground storage tank.
    (b) The facility where the active, existing underground storage tank is located is in compliance with this part and the rules promulgated under this part.
    (3) As used in this section:
    (a) “Professional engineer” means that term as defined in section 2001 of the occupational code, 1980 PA 299, MCL 339.2001.
    (b) “Qualified underground storage tank consultant” means an individual who meets the requirements described under section 21325.