R 324.2005 Secondary containment.

Rule 5. (1) Except as may be authorized under subrule (5) of this rule, not later than 24 months after the effective date of these rules, any on-land facility that has any outdoor storage areas used to store liquid polluting materials in excess of a threshold management quantity shall provide secondary containment structures for those outdoor storage areas as required in subrule (2) of this rule. (2) Secondary containment structures for liquids shall comply with all of the following provisions: (a) Be constructed of materials that are compatible with, and impervious to, or otherwise capable of containing, any spilled, leaked, or discharged polluting materials so that the materials can be recovered and so that polluting materials cannot escape directly or indirectly to any public sewer system or to the surface waters or groundwaters of this state. (b) Provide a capacity that is not less than 10% of the total volume of the tanks or containers within the secondary containment structure or provide a capacity of 100% of the largest single tank or container within the secondary containment structure, whichever is larger. (c) Allow surveillance of the tanks or containers, the timely detection of any leaks and recovery of any spillage, and the removal and proper disposal of any captured precipitation so that the minimum required capacity is maintained at all times. Captured precipitation may be removed by drainage through normally closed valves if all of the following conditions are met: (i) The drainage is conducted under the direct supervision of qualified facility personnel. (ii) The valves are secured closed at all times, except during precipitation removal. (iii) The drainage is performed in full compliance with all applicable local, state, and federal requirements. (3) All use areas and indoor storage areas shall be designed, constructed, maintained, and operated to prevent the release of polluting materials through sewers, drains, or otherwise directly or indirectly into any public sewer system or to the surface or groundwaters of this state. (4) Polluting materials in solid form shall be enclosed, covered, contained, or otherwise protected to prevent run-on and any runoff, seepage, or leakage to any public sewer system or to the surface or groundwaters of the state. Solid polluting materials shall not be stored within 50 feet of a designated wetland or the shore or bank of any lake or stream. Solid polluting material containment structures located within a 100-year floodplain as defined by the federal flood disaster protection act of 1973, 42 U.S.C. 4001 et seq., shall be designed and constructed to remain effective during a 100-year flood. (5) Alternate secondary containment, control, or treatment systems other than those required in subrule (1) of this rule that provide adequate protection may be used upon written approval of the department. Requests for alternate secondary containment, control, or treatment systems shall be submitted in writing to the chief of the department's waste management division. The chief of the department's waste management division, or his or her authorized delegee, shall either approve, approve with specifc modifications, or disapprove a request for an alternate secondary containment, control, or treatment system not more than 180 days after receipt.