R 299.51003 Applicability; compliance with section 20107a of act generally; documentation of compliance.

Rule 1003. (1) The requirements of this part apply to a person who is subject to section 20107a of the act and to conditions about which he or she has knowledge, based upon all appropriate inquiry. (2) For purposes of compliance with part 10 of these rules, an acquiring agency under 1980 PA 87, MCL 231.51 et seq., and known as the uniform condemnation procedures act, shall not become the owner or operator of a property that is a facility or a portion of a facility until possession of the facility or portion of the facility has been transferred to the acquiring agency. (3) A person who is subject to section 20107a of the act shall, except as provided in R 299.51019, undertake response activity as necessary to comply with section 20107a of the act and these rules on the property that he or she owns or operates and provide notices as described in R 299.51017 with respect to a hazardous substance that he or she has reason to believe is emanating from, or has emanated from, and is present beyond, the boundary of the property that he or she owns or operates. (4) The requirements of section 20107a of the act apply to all of the following: (a) Discarded or abandoned containers that contain a quantity of hazardous substance which is or may become injurious to the public health, safety, or welfare or to the environment. (b) A threat of release of a quantity of hazardous substance that is or may become injurious to the public health, safety, or welfare or to the environment. (c) Hazardous substances that have otherwise been released at the property.The requirements do not apply to hazardous substances being lawfully used in operations at the property or being properly stored at the property. (5) A person who is subject to section 20107a of the act shall maintain documentation of compliance with section 20107a of the act and shall provide the documentation to the department upon request. All of the following provisions apply to the documentation of compliance: (a) With regard to section 20107a(1)(b) of the act, required documentation shall consist of all of the following: (i) Identification of exposure pathways that are complete, or are likely to become complete, in light of the intended use of the property and the features of the property, including potential exposure barriers such as structures or pavement. (ii) Information about the concentrations of hazardous substances to which persons may be exposed in each pathway identified through the analysis described in paragraph (i) of this subdivision, unless a reasonable evaluation of the conditions at the property supports the conclusion that quantification of hazardous substance exposures is not necessary to determine that there is no unacceptable exposure under R 299.51013. (iii) A description of the response activity or other measures, such as work schedule adjustments or personal protective equipment, if any, that are or may be required to mitigate any unacceptable exposures in compliance with R 299.51013. (iv) Records about the implementation of any response activity or other measures not evident through inspection. (v) Copies of any notices provided under R 299.51013(6), R 299.51015, and R 299.51017. (b) If compliance with section 20107a of the act is accomplished by measures that are evident as the result of inspection, such as fences, pavement, or the presence of buildings, then ongoing documentation, beyond the initial analysis of the measures, is not required. (c) If a department-approved remedial action plan has been implemented at a facility, then additional documentation of compliance with section 20107a(1)(b) of the act is not required if conditions that determine exposures to hazardous substances at the property remain unchanged. (6) Except as provided in R 299.51017(4)(c), the documentation required by subrule (5) of this rule shall, for a person who became the owner or operator of a facility before March 11, 1999, be available to the department upon request not later than March 11, 2000. For a person who became the owner or operator of a facility on or after March 11, 1999, the required documentation shall be available to the department upon request not later than 8 months after the earliest of the date of purchase, occupancy, or foreclosure. The time frames specified in this subrule do not alter the continuing obligation of a person who is subject to section 20107a of the act to be in compliance with the law and these rules.