R 324.813 Suspension of Class II well operations due to threat to public health and safety or underground sources of drinking water.

Rule 813. (1) The supervisor or authorized representative of the supervisor may immediately require corrective action at a Class II well, including suspending any or all components of the injection or disposal operations, if the supervisor determines either of the following: (a) The injection operations are in violation of the provisions of the act, these rules, permit conditions, instructions, or orders of the supervisor. (b) The injection operations threaten the public health and safety or underground sources of drinking water. (2) A suspension of injection or disposal operations shall be in effect for not more than 5 days or until the operation is in compliance and protection of the public health and safety and underground sources of drinking water is ensured. (3) Unless the permittee brings the operations into compliance as required pursuant to subrule (1), the supervisor may issue an emergency order to continue the suspension of injection or disposal operations beyond 5 days, and may schedule a hearing under part 12 of these rules. The total duration of the suspension of injection or disposal operations under this provision shall not be more than 21 days, as provided in section 61516 of Part 615, MCL 324.61516. (4) Unless the permittee brings the operations into compliance as required pursuant to subrule (1) or (2) of this rule, the supervisor shall issue a new order following a minimum of 10 day notice and public hearing as provided in section 61516 of Part 615, MCL 324.61516(1) and R 324.1211, enter into an administrative consent agreement, or enter other binding instrument to extend the suspension of injection or disposal operations under this provision beyond 21 days. The order, administrative consent agreement, or other binding instrument shall require corrective actions within specific time limits to achieve compliance and protection of the public health and safety and underground sources of drinking water, and shall remain in force until the operation is brought into compliance. (5) Authorization to resume injection shall not be given by the supervisor or authorized representative of the supervisor until compliance and protection of the public health and safety and underground sources of drinking water is achieved. The authorization to inject will only be given when mechanical integrity is also demonstrated, if applicable. (6) This rule supersedes R 324.1014 for Class II wells.