Section 324.21307 - Report of release; initial response actions; duties of consultant.
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT (EXCERPT)
Act 451 of 1994
324.21307 Report of release; initial response actions; duties of consultant.
Sec. 21307.
(1) Upon confirmation of a release from an underground storage tank system, the owner or operator shall report the release and whether free product has been discovered to the department within 24 hours after discovery. The department may investigate the release. However, an investigation by the department does not relieve the owner or operator from any responsibilities related to the release provided for in this part.
(2) After a release has been reported under subsection (1), the owner or operator or a consultant retained by the owner or operator shall immediately begin and expeditiously perform all of the following initial response actions:
(a) Identify and mitigate fire, explosion, and vapor hazards.
(b) Take action to prevent further release of the regulated substance into the environment including removing the regulated substance from the underground storage tank system that is causing the release.
(c) Identify and recover free product. If free product is identified, do all of the following:
(i) Conduct free product removal in a manner that minimizes the spread of contamination into previously uncontaminated zones by using recovery and disposal techniques appropriate to the conditions at the site and in a manner that properly treats, discharges, or disposes of recovery by-products as required by law.
(ii) Use abatement of free product migration as a minimum objective for the design of the free product removal system.
(iii) Handle any flammable products in a safe and competent manner to prevent fires or explosions.
(iv) If a discharge is necessary in conducting free product removal, obtain all necessary permits or authorization as required by law.
(d) Excavate and contain, treat, or dispose of soils above the water table that are visibly contaminated with a regulated substance if the contamination is likely to cause a fire hazard or spread and increase the cost of corrective action.
(e) Take any other action necessary to abate an immediate threat to public health, safety, or welfare, or the environment.
(f) If free product is discovered after the release was reported under subsection (1), report the free product discovery to the department within 24 hours of its discovery.
(3) Immediately following initiation of initial response actions under this section, the consultant retained by the owner or operator shall do all of the following:
(a) Visually inspect the areas of any aboveground releases or exposed areas of belowground releases and prevent further migration of the released substance into surrounding soils, groundwater, and surface water.
(b) Continue to monitor and mitigate any additional fire and safety hazards posed by vapors or free product that have migrated from the underground storage tank system excavation zone and entered into subsurface structures.
(c) If free product is discovered at any time at a location not previously identified under subsection (2)(c), report the discovery within 24 hours to the department and initiate free product recovery in compliance with subsection (2)(c).
History: 1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 1995, Act 22, Imd. Eff. Apr. 13, 1995
Popular Name: Act 451
Popular Name: NREPA