Section 324.21308a - Initial assessment report; discovery of free product.
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT (EXCERPT)
Act 451 of 1994
324.21308a Initial assessment report; discovery of free product.
Sec. 21308a.
(1) Within 90 days after a release has been discovered, a consultant retained by the owner or operator shall complete an initial assessment report and submit the report to the department on a form created pursuant to section 21316. The report shall include, but is not limited to, the following information:
(a) Results of initial response actions taken under section 21307(2).
(b) Site information and site characterization results. The following items shall be included as appropriate given the site conditions:
(i) The facility address.
(ii) The name of the facility.
(iii) The name, address, and telephone number of facility compliance contact person.
(iv) The time and date of release discovery.
(v) The time and date the release was reported to the department.
(vi) A site map that includes all of the following:
(A) The location of each underground storage tank in the leaking underground storage tank system.
(B) The location of any other underground storage tank system on the site.
(C) The location of fill ports, dispensers, and other pertinent system components.
(D) Soil and groundwater sample locations, if applicable.
(E) The locations of nearby buildings, roadways, paved areas, or other structures.
(vii) A description of how the release was discovered.
(viii) A list of regulated substances the underground storage tank system contained when the release occurred.
(ix) A list of the regulated substances the underground storage tank system contained in the past other than those listed in subparagraph (viii).
(x) The location of nearby surface waters and wetlands.
(xi) The location of nearby underground sewers and utility lines.
(xii) The component of the underground storage tank system from which the release occurred (e.g., piping, underground storage tank, overfill).
(xiii) Whether the underground storage tank system was emptied to prevent further release.
(xiv) A description of what other steps were taken to prevent further migration of the regulated substance into the soil or groundwater.
(xv) Whether vapors or free product was found and what steps were taken to abate those conditions and the current levels of vapors or free product in nearby structures.
(xvi) The extent to which all or part of the underground storage tank system or soil, or both, was removed.
(xvii) Data from analytical testing of soil and groundwater samples.
(xviii) A description of the free product investigation and removal if free product was present, including all of the following:
(A) A description of the actions taken to remove any free product.
(B) The name of the person or persons responsible for implementing the free product removal measures.
(C) The estimated quantity, type, and thickness of free product observed or measured in wells, boreholes, and excavations.
(D) The type of free product recovery system used.
(E) Whether any discharge will take place on site or off site during the recovery operation and where this discharge will be located.
(F) The type of treatment applied to, and the effluent quality expected from, any discharge.
(G) The steps that have been or are being taken to obtain necessary permits for any discharge.
(H) The quantity and disposition of the recovered free product.
(xix) Identification of any other contamination on the site not resulting from the release and the source, if known.
(xx) An estimate of the horizontal and vertical extent of on-site and off-site soil contamination.
(xxi) The depth to groundwater.
(xxii) An identification of potential migration and exposure pathways and receptors.
(xxiii) An estimate of the amount of soil in the vadose zone that is contaminated.
(xxiv) If the on-site assessment indicates that off-site soil or groundwater may be affected, report the steps that have been taken or will be taken including an implementation schedule to expeditiously secure access to off-site properties to complete the delineation of the extent of the release.
(xxv) Groundwater flow rate and direction.
(xxvi) Laboratory analytical data collected.
(xxvii) The vertical distribution of contaminants.
(c) Site classification under section 21314a.
(d) Tier I or tier II evaluation according to the RBCA process.
(e) A work plan, including an implementation schedule for conducting a final assessment report under section 21311a, to determine the vertical and horizontal extent of the contamination as necessary for preparation of the corrective action plan.
(2) If free product is discovered at a site after the submittal of an initial assessment report pursuant to subsection (1), the owner or operator, or consultant retained by the owner or operator, shall do both of the following:
(a) Perform initial response actions identified in section 21307(2)(c)(i) to (iv).
(b) Submit to the department an amendment to the initial assessment report within 30 days of discovery of the free product that describes response actions taken as a result of the free product discovery.
History: Add. 1995, Act 22, Imd. Eff. Apr. 13, 1995 ;-- Am. 1996, Act 116, Imd. Eff. Mar. 6, 1996
Popular Name: Act 451
Popular Name: NREPA