R 323.2224 Groundwater monitoring location; approval by department.

Rule 2224. (1) Except as provided in subrule (2) of this rule, the department shall approve, under R 323.2223(2), a groundwater monitoring location for determining compliance with the standards of R 323.2222 if the location meets all of the following criteria: (a) It provides a practicable and effective point of measurement. (b) It is located on property owned or leased by the discharger and under the discharger's control. (c) It is not more than 150 feet from the point of discharge. (2) The department may approve, under R 323.2223(2), an alternative groundwater monitoring location to determine compliance with R 323.2222 if all of the following requirements are met: (a) The location is less than 1,000 feet from the point of discharge. (b) The alternative location provides a practicable and effective point of measuring compliance with R 323.2222. (c) The substance to be measured in the groundwater is either of the following: (i) A metal or other inorganic substance. (ii) A substance that the applicant demonstrates can be treated by the actions of soil, soil microorganisms, or plants. (d) The discharger has not previously met the standard for the same discharge at a closer point of compliance. (e) The discharger demonstrates all of the following: (i) Meeting the standard at a closer point of compliance is economically burdensome or technically impractical. (ii) The concentration of the substance in the groundwater between the point of compliance that would be determined under subrule 1 of this rule and the point of compliance determined under this subrule shall not exceed that which would require remedial action pursuant to part 201 for the land use classification of the property on which the discharge is located. (iii) The discharger demonstrates that the adoption of an alternative or alternatives described in R 323.2219(1) to (3) is not prudent given the state's paramount concern for the protection of its natural resources or public trust in the resources from pollution, impairment, or destruction. In determining whether the discharger has successfully demonstrated that the adoption of an alternative or alternatives is not prudent, the department shall specifically solicit and consider public comment on the issue and make the determination in writing. (f) The discharger has in place and implements all of the following: (i) A written pollution prevention policy that promotes the elimination of waste or reduction of waste at the source of generation. (ii) A pollution prevention policy that is signed by a responsible official and available to the department upon request. (iii) Periodic pollution prevention assessments that identify opportunities for eliminating waste at the source. (iv) Pollution prevention goals that specify the environmental media types of pollution prevention to be prevented or reduced, implementation activities, and projected time frames. (v) The recording of progress in achieving pollution prevention goals. (g) The point of compliance and all land surface area over groundwater from the point of discharge hydraulically downgradient to the point of compliance that does not meet the standards in R 323.2222 are located on property under the ownership and control of the discharger. For purposes of this subrule, a public or private transportation or utility right- of-way may be considered under the ownership and control of the discharger if the right- of-way owner gives written consent. (h) Groundwater affected by the discharge that exceeds the standards of R 323.2222 is located outside of a designated wellhead protection zone or, if a wellhead protection zone has not been designated, not less than 2,000 feet from an existing type I water supply well as defined in Act No. 399 of the Public Acts of 1976, as amended, being §325.1001 et seq. of the Michigan Compiled Laws, and known as the safe drinking water act, not less than 300 feet laterally from adjacent property that has a land use classification of residential, and not less than 800 feet laterally from adjacent property that has a land use classification of commercial or industrial. The department may authorize a lesser distance if, based upon hydrogeologic information contained in the report required under R 323.2221, there is no potential for impact to a wellhead protection zone or the use of ground- water on affected property. (i) A discharger may not use groundwater for human consumption if the groundwater does not meet state or federal standards for use as a potable water supply. A discharger shall record a restrictive covenant or other similar legal instrument describing this restriction against using groundwater for human consumption. Upon approval of the department, a discharger or subsequent owner of the property may modify the restrictive covenant or similar legal instrument to allow use of the groundwater for drinking if all groundwater affected by the discharge meets state or federal standards for use as a potable water supply. (3) If the department grants an alternative point of compliance in accordance with this rule, then the department shall provide copies of hydrogeologic information upon which the decision is based to the county, district, or city health department that has jurisdiction.