R 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.

Rule 1017. (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.