R 323.2228 Initial response.

Rule 2228. (1) A discharger who is required by R 323.2222(5)(b)(i) or (c)(ii) to take initial response shall do all of the following: (a) Confirm the initial sampling result and notify the department as described in R 323.2227(1)(a) and (b). (b) Within 60 calendar days of determining that initial response is required, submit a report that includes all of the following: (i) Results of confirmation sampling. (ii) An evaluation of the cause for the need for initial response. (iii) A plan detailing steps to be taken to reduce the concentration of the substance in the effluent or groundwater below the concentration necessary for initial response. The plan shall include a schedule that is the shortest time practicable, but not more than 1 year, for achieving the reduction. If, based on groundwater velocity, the effect of actions to be taken in the plan will not be measurable in groundwater within 1 year, then the plan shall correlate groundwater concentrations of the substance of concern with effluent concentrations and be designed to achieve necessary reductions in effluent concentrations within as short a time as practical, but not more than 1 year. (c) Within 15 calendar days of submitting the plan required in subdivision (b)(iii) of this subrule, implement the plan taking into account any comments by the department. (d) Complete the plan described in subdivision (b)(iii) of this subrule, in the time described in that subdivision, unless either of the following occurs: (i) The discharger demonstrates, to the satisfaction of the department, that the concentration of the substance has fallen and will remain below the level necessary for initial response because of steps already taken. If the demonstration satisfies the department, then the discharger need not take any additional steps identified in the plan to reduce concentrations of the substance. (ii) The concentration of the substance exceeds the limit described in R 323.2222(5)(b)(ii) or (c)(i), in which case the discharger shall comply with R 323.2227. (e) If initial response is still necessary at the completion of the plan described in subdivision (b)(iii) of this subrule, describe in a second plan further steps to reduce the concentration of the substance below the level at which initial response is necessary. Development and implementation of the plan shall conform with subdivisions (b)(iii), (c), and (d) of this subrule. (f) If the initial response is not successful as specified in subrule (2) of this rule, undertake the following activities as required by the department: (i) If the discharge is in a designated wellhead protection area, assess the effects of the discharge on the public water supply system. (ii) Review the operational or treatment procedures, or both, at the facility. (iii) Revise the operational procedures at the facility. (iv) Change the design or construction of the wastewater operations at the facility. (v) Initiate an alternative method of waste treatment or disposal. (vi) Reduce or eliminate use of the substance. (2) An initial response is not successful if the concentration of the substance is above the concentration described in R 323.2222(5)(b)(i) or (c)(ii) at the earlier of the following events: (a) When the plan described in subrule (1)(e) of this rule has been fully implemented. (b) Two years from the date the report described in subrule (1)(b) of this rule was due to be submitted to the department. (3) A discharger who is in compliance with initial response requirements described in this rule is not subject to the civil fine described in section 3115(1) of the act, if the substance does not exceed the limit described in R 323.2222(5)(b)(ii) or (c)(i).