Section 324.21309a - Corrective action plan.
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT (EXCERPT)
Act 451 of 1994
324.21309a Corrective action plan.
Sec. 21309a.
(1) If initial response actions under section 21307 have not resulted in completion of corrective action, a consultant retained by an owner or operator shall prepare a corrective action plan to address contamination at the site. For corrective action plans submitted as part of a final assessment report pursuant to section 21311a after October 1, 1995, the corrective action plan shall use the process described in RBCA.
(2) A corrective action plan shall include all of the following:
(a) A description of the corrective action to be implemented, including an explanation of how that action will meet the requirements of the RBCA process. The corrective action plan shall also include an analysis of the selection of indicator parameters to be used in evaluating the implementation of the corrective action plan, if indicator parameters are to be used. The corrective action plan shall include a description of ambient air quality monitoring activities to be undertaken during the corrective action if such activities are appropriate.
(b) An operation and maintenance plan if any element of the corrective action requires operation and maintenance. The operation and maintenance plan shall include all of the following:
(i) Name, telephone number, and address of the person who is responsible for operation and maintenance.
(ii) Operation and maintenance schedule.
(iii) Written and pictorial plan of operation and maintenance.
(iv) Design and construction plans.
(v) Equipment diagrams, specifications, and manufacturers' guidelines.
(vi) Safety plan.
(vii) Emergency plan, including emergency contact telephone numbers.
(viii) A list of spare parts available for emergency repairs.
(ix) Other information required by the department to determine the adequacy of the operation and maintenance plan. Department requests for information pursuant to this subparagraph shall be limited to factors not adequately addressed by information required by subparagraphs (i) through (viii) and shall be accompanied by an explanation of the need for the additional information.
(c) A monitoring plan if monitoring of environmental media or site activities or both is required to confirm the effectiveness and integrity of the remedy. The monitoring plan shall include all of the following:
(i) Location of monitoring points.
(ii) Environmental media to be monitored, including, but not limited to, soil, air, water, or biota.
(iii) Monitoring schedule.
(iv) Monitoring methodology, including sample collection procedures.
(v) Substances to be monitored, including an explanation of the selection of any indicator parameters to be used.
(vi) Laboratory methodology, including the name of the laboratory responsible for analysis of monitoring samples, method detection limits, and practical quantitation levels. Raw data used to determine method detection limits shall be made available to the department on request.
(vii) Quality control/quality assurance plan.
(viii) Data presentation and evaluation plan.
(ix) Contingency plan to address ineffective monitoring.
(x) Operation and maintenance plan for monitoring.
(xi) How the monitoring data will be used to demonstrate effectiveness of corrective action activities.
(xii) Other elements required by the department to determine the adequacy of the monitoring plan. Department requests for information pursuant to this subparagraph shall be limited to factors not adequately addressed by information required under subparagraphs (i) through (xi) and shall be accompanied by an explanation of the need for the additional information.
(d) An explanation of any land use or resource use restrictions, if the restrictions are required pursuant to section 21310a.
(e) A schedule for implementation of the corrective action.
(f) A financial assurance mechanism, as provided for in R 29.2161 to R 29.2169 of the Michigan administrative code, in an amount approved by the department, to pay for monitoring, operation and maintenance, oversight, and other costs if required by the department as necessary to assure the effectiveness and integrity of the corrective action.
(g) If provisions for operation and maintenance, monitoring, or financial assurance are included in the corrective action plan, and those provisions are not complied with, the corrective action plan is void from the time of lapse or violation unless the lapse or violation is corrected to the satisfaction of the department.
(3) If a corrective action plan prepared under this section does not result in an unrestricted use of the property for any purpose, the owner or operator or a consultant retained by the owner or operator shall provide notice to the public by means designed to reach those members of the public directly impacted by the release and the proposed corrective action. The notice shall include the name, address, and telephone number of a contact person. A copy of the notice and proof of providing the notice shall be submitted to the department. The department shall ensure that site release information and corrective action plans that do not result in an unrestricted use of property are made available to the public for inspection upon request.
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