R 425.503 Report of incident.

Rule 503. (1) A permittee shall promptly notify the department, and each emergency management coordinator having jurisdiction over the affected area, of any incident, act of nature, or exceedance of a permit standard or condition at a mining operation that has created, or may create, a threat to the environment, natural resources, or public health and safety. (a) The notification shall be made as soon as possible following the incident, act of nature, or exceedance, by telephone or in person, to an authorized representative of the department during normal business hours or to the department pollution emergency alerting system between 5 p.m.and 8 a.m. and on weekends and holidays. (b) The permittee shall submit to the department a detailed written incident report giving the particulars of the incident, act of nature, or exceedance within 10 days of discovery. The report shall include all of the following information, to the extent known: (i) The name of permittee. (ii) The name of the person reporting the incident, act of nature, or exceedance. (iii) The date and time of the incident, act of nature, or exceedance. (iv) The nature of the incident, act of nature, or exceedance. (v) The nature and degree of the threat to the environment, natural resources, or public health or safety. (vi) Response actions taken or planned. (c) If the response to the incident, act of nature, or exceedance is not concluded at the time the incident report is filed as required by subdivision (b) of this subrule, then the permittee shall submit to the department a written final incident report within 30 days after the incident response is concluded. The final incident report shall contain a summary of the initial incident report and an account of all response actions taken. If the final response to the incident, act of nature, or exceedance is not concluded within 30 days, then the department may require periodic progress reports. (2) Records upon which reports under subrule (1) of this rule are based shall be preserved by the permittee for 3 years or until the end of the postclosure monitoring period, whichever is later, and shall be made available to the department at all times.