Michigan Laws 324.21308a – Initial assessment report; discovery of migrating or mobile NAPL; additional information; supporting documentation upon request
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Terms Used In Michigan Laws 324.21308a
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- contaminated: means the presence of a regulated substance in soil, surface water, or groundwater or air that has been released from an underground storage tank system at a concentration exceeding the level set forth in the RCBA tier I screening levels established under section 20120a(1)(a) and (b). See Michigan Laws 324.21302
- Corrective action: means the investigation, assessment, cleanup, removal, containment, isolation, treatment, or monitoring of regulated substances released into the environment from an underground storage tank system that is necessary under this part to prevent, minimize, or mitigate injury to the public health, safety, or welfare, the environment, or natural resources. See Michigan Laws 324.21302
- Department: means the director of the department of natural resources or his or her designee to whom the director delegates a power or duty by written instrument. See Michigan Laws 324.301
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Grab sample: means a single sample or measurement taken at a specific time or over as short a period as feasible. See Michigan Laws 324.21302
- Groundwater: means water below the land surface in the zone of saturation and capillary fringe. See Michigan Laws 324.21302
- NAPL: means a nonaqueous-phase liquid or a nonaqueous-phase liquid solution composed of 1 or more organic compounds that are immiscible or sparingly soluble in water. See Michigan Laws 324.21303
- Operator: means a person who is presently, or was at the time of a release, in control of, or responsible for, the operation of an underground storage tank system. See Michigan Laws 324.21303
- Owner: means a person who holds, or at the time of a release who held, a legal, equitable, or possessory interest of any kind in an underground storage tank system or in the property on which an underground storage tank system is or was located including, but not limited to, a trust, vendor, vendee, lessor, or lessee. See Michigan Laws 324.21303
- Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 324.301
- Property: means real estate that is contaminated by a release from an underground storage tank system. See Michigan Laws 324.21303
- RBCA: means the American Society for Testing and Materials (ASTM) document entitled standard guide for risk-based corrective action applied at petroleum release sites, designation E 1739-95 (reapproved 2010) E1; standard guide for risk-based corrective action designation E 2081-00 (reapproved 2010) E1; and standard guide for development of conceptual site models and remediation strategies for light nonaqueous-phase liquids released to the subsurface designation E 2531-06 E1, all of which are hereby incorporated by reference. See Michigan Laws 324.21303
- RBSL: means the unrestricted residential and nonresidential generic cleanup criteria developed by the department pursuant to part 201. See Michigan Laws 324.21303
- Regulated substance: means any of the following:
(i) A substance defined in section 101(14) of title I of the comprehensive environmental response, compensation, and liability act of 1980, Public Law 96-510, 42 USC 9601, but not including a substance regulated as a hazardous waste under subtitle C of the solid waste disposal act, title II of Public Law 89-272, 42 USC 6921 to 6939e. See Michigan Laws 324.21303Release: means any spilling, leaking, emitting, discharging, escaping, or leaching from an underground storage tank system into groundwater, surface water, or subsurface soils. See Michigan Laws 324.21303 Site: means a location where a release has occurred or a threat of release exists from an underground storage tank system, excluding any location where corrective action was completed which satisfies the applicable RBSL or SSTL. See Michigan Laws 324.21303 SSTL: means an RBCA risk-based remedial action target level for contamination developed for a site under RBCA tier II and tier III evaluations. See Michigan Laws 324.21303 Underground storage tank system: means a tank or combination of tanks, including underground pipes connected to the tank or tanks, which is, was, or may have been used to contain an accumulation of regulated substances, and the volume of which, including the volume of the underground pipes connected to the tank or tanks, is 10% or more beneath the surface of the ground. See Michigan Laws 324.21303 Vadose zone: means the soil between the land surface and the top of the capillary fringe. See Michigan Laws 324.21303
(1) Within 180 days after a release has been discovered, the owner or operator that is liable under section 21323a shall complete an initial assessment report and submit the report to the department on a form created pursuant to section 21316. The report shall include the following information:
(a) Results of initial actions taken under section 21307(2).
(b) Site information and site characterization results. The following items shall be included as appropriate given the site conditions:
(i) The property address.
(ii) The name of the business, if applicable.
(iii) The name, address, and telephone number of a contact person for the owner or operator that is liable under section 21323a.
(iv) The time and date of release discovery.
(v) The time and date the release was reported to the department.
(vi) A site map that includes all of the following:
(A) The location of each underground storage tank in the leaking underground storage tank system.
(B) The location of any other known current or former underground storage tank system on the site.
(C) The location of fill ports, dispensers, and other pertinent system components for known current or former underground storage tank systems on the site.
(D) Soil and groundwater sample locations, if applicable.
(E) The locations of nearby buildings, roadways, paved areas, or other structures.
(vii) A description of how the release was discovered.
(viii) A list of regulated substances the underground storage tank system contained when the release occurred.
(ix) A list of the regulated substances the underground storage tank system contained in the past other than those listed in subparagraph (viii).
(x) The location of nearby surface waters and wetlands.
(xi) The location of nearby underground sewers and utility lines.
(xii) The component of the underground storage tank system from which the release occurred (e.g., piping, underground storage tank, overfill).
(xiii) Whether the underground storage tank system was emptied to prevent further release.
(xiv) A description of what other steps were taken to prevent further migration of the regulated substance into the soil or groundwater.
(xv) Whether toxic or explosive vapors or migrating or mobile NAPL was found and what steps were taken to evaluate those conditions and the current levels of toxic or explosive vapors or migrating or mobile NAPL in nearby structures.
(xvi) The extent to which all or part of the underground storage tank system or soil, or both, was removed.
(xvii) Data from analytical testing of soil and groundwater samples.
(xviii) A description of the mobile or migrating NAPL investigation and evaluation conducted pursuant to section 21307(2)(c) and, if the evaluation of NAPL concludes that NAPL is recoverable and removal is necessary under this part to abate an unacceptable risk pursuant to the provisions outlined in RBCA, a description of the removal, including all of the following:
(A) A description of the actions taken to remove any NAPL.
(B) The name of the person or persons responsible for implementing the NAPL removal measures.
(C) The estimated quantity, type, and thickness of NAPL observed or measured in wells, boreholes, and excavations.
(D) The type of NAPL recovery system used.
(E) Whether any discharge will take place on site or off site during the recovery operation and where this discharge will be located.
(F) The type of treatment applied to, and the effluent quality expected from, any discharge.
(G) The steps that have been or are being taken to obtain necessary permits for any discharge.
(H) The quantity and disposition of the recovered NAPL.
(xix) Identification of any other contamination on the site not resulting from the release and the source, if known.
(xx) An estimate of the horizontal and vertical extent of on-site and off-site soil contamination exceeding the applicable RBSL for tier I sites or the applicable SSTL for tier II or tier III sites.
(xxi) The depth to groundwater.
(xxii) An identification of potential migration and exposure pathways and receptors.
(xxiii) An estimate of the amount of soil in the vadose zone that is contaminated.
(xxiv) If the on-site assessment indicates that off-site soil or groundwater may be affected, report the steps that have been taken or will be taken including an implementation schedule to expeditiously secure access to off-site properties to complete the delineation of the extent of the release if the contamination exceeds the applicable RBSL or the applicable SSTL.
(xxv) Groundwater flow rate and direction.
(xxvi) Laboratory analytical data collected. The owner or operator may elect to obtain groundwater samples utilizing a grab sample technique for initial assessment and monitoring purposes that do not represent initial delineation of the limit of contamination or closure verification sampling.
(xxvii) The vertical distribution of contaminants that exceed the applicable RBSL or applicable SSTL.
(c) Site classification under section 21314a.
(d) Tier I or tier II evaluation according to the RBCA process.
(e) A work plan, including an implementation schedule for conducting a final assessment report under section 21311a, to determine the vertical and horizontal extent of the contamination that exceeds the applicable RBSL or applicable SSTL as necessary for preparation of the corrective action plan.
(2) If migrating or mobile NAPL is discovered at a site after the submittal of an initial assessment report pursuant to subsection (1), the owner or operator that is liable under section 21323a shall do both of the following:
(a) Perform initial actions identified in section 21307(2)(c).
(b) Submit to the department an amendment to the initial assessment report within 30 days of discovery of the migrating or mobile NAPL that describes response actions taken as a result of the migrating or mobile NAPL discovery.
(3) The department shall not require any additional information beyond that required under this section to be included in an initial assessment report. The owner or operator that is liable under section 21323a shall provide supporting documentation to the data and conclusions of the initial assessment report upon request by the department.