DEPARTMENT OF AGRICULTURE

                PESTICIDE AND PLANT PEST MANAGEMENT DIVISION

          REGULATION NO. 641.  COMMERCIAL FERTILIZER BULK STORAGE


(By authority conferred on the department of agriculture by 1994 PA 451,  MCL 
324.8513)


R 285.641.1  Definitions.
  Rule 1.  (1)  As used in these rules:
  (a)  "API 650 standard" means the American  Petroleum  Institute   standard 
number 650, tenth edition, November 1998, containing standards for the design 
and construction of welded steel tanks for  oil  storage,  published  by  the 
American Petroleum Institute, 1220 L.  Street,  Northwest,  Washington  D.C., 
20005-4070, http://www.api.org or surviving organization.  This  document  is 
available at a cost of $289.00, which is the cost at the time of  publication 
of this rule.  This document is available for inspection  from  the  Michigan 
Department of Agriculture, Pesticide and Plant Pest Management Division,  525 
W. Allegan, Lansing, MI  48933.
  (b)  "API 653 standard" means the American  Petroleum  Institute   standard 
number 653, third edition,  September  2003,  containing  standards  for  the 
inspection, repair, alteration and reconstruction of welded steel  tanks  for 
oil storage, published by the American Petroleum Institute, 1220  L.  Street, 
Northwest,  Washington  D.C.,  20005-4070,  http://www.api.org  or  surviving 
organization.  This document is available at a cost of $176.00, which is  the 
cost at the time of publication of this rule.  This document is available for 
inspection from the Michigan Department of Agriculture, Pesticide  and  Plant 
Pest Management Division, 525 W. Allegan, Lansing, MI  48933.
  (c)  "Approved" means approval by the director of the department or his  or 
her representative.
  (d)  "Appurtenances" mean any of the following which are  connected  to   a 
bulk fertilizer container or which are used for transferring bulk  fertilizer 
between containers:
  (i)  Valves.
  (ii)  Gauges.
  (iii)  Portable manufacturing units.
  (iv)  Pumps.
  (v)  Fittings.
  (vi)  Hoses.
  (vii)  Mixing containers.
  (viii)  Plumbing.
  (ix)  Metering devices.
  (e)  "Aqua ammonia" means an aqueous solution of anhydrous  ammonia   which 
generally contains 18% to 30% of ammonia (NH3) by  weight  and  which  has  a 
vapor pressure that usually varies from 0 to 10 pounds per square inch  gauge 
(psig) at 104 degrees Fahrenheit.
  (f)  "Authorized inspector"  means  a  person  who  is  certified  by   the 
American  Petroleum   Institute   under   appendix   D-authorized   inspector 
certification, of the API 653 standard.
  (g)  "Bladder system" means a non-adhering liner  physically  attached   to 
the inside of the large storage tank.  The liner, constructed of a compatible 
synthetic material, provides physical separation of the liquid  product  from 
the sidewalls and storage container floor.
  (h)  "Bulk fertilizer" means fluid fertilizer in a single  container   that 
has a capacity of more than 2,500 United States gallons, fluid fertilizer  in 
containers that have a combined total capacity for all storage containers  or 
tanks located at a single site or location of more than 7,500  United  States 
gallons, or dry fertilizer in an  individual  quantity  of  more  than  2,000 
pounds.  For purposes of these rules, use solutions  and  rinsates  are  bulk 
fertilizers if they are in containers that meet the capacities  specified  in 
this subdivision.
  (i)  "Department" means the Michigan department of agriculture.
  (j)  "Discharge" means an uncontained release  to  the  environment  in   a 
quantity that is more than 55 United States gallons of liquid or  650  pounds 
of dry bulk fertilizer.  "Discharge"  does  not  include  a  fully  contained 
transfer  of  bulk  fertilizer  that  is  made  pursuant  to  sale,  storage, 
distribution, or intended use.
  (k)  "Distribute" has the meaning as defined in section 8501  of  1994   PA 
451, MCL  324.8501.
  (l)  "Elephant ring" means a storage container which has an open  top   and 
which serves as a secondary containment vessel into which a  primary  storage 
container with a smaller volume is placed.
  (m)  "Existing bulk storage  facility"  means  a  facility  that,  on   the 
effective date of this rule, is being used to store or hold bulk  fertilizers 
where  the  location  of  bulk  containers  remains  the  same  whether  bulk 
containers are replaced, added to, or reorganized.
  (n)  "Fertilizer" has the meaning as defined in section 8501  of  1994   PA 
451, MCL  324.8501.
  (o)  "Field operations" means the application of  fertilizer  to  soil   or 
plants in the course of normal agricultural or horticultural practice.
  (p)  "Floodplain" means any land area that is subject to a 1%  or   greater 
chance of flooding.  This is equivalent to a 100-year flood.
  (q)  "Fluid fertilizer"  means  fertilizer  in  fluid  form  and   includes 
solutions, emulsions, suspensions, and slurries.  "Fluid fertilizer" does not 
include anhydrous ammonia.
  (r)  "Large storage tank" means a closed container used  to  store   liquid 
fertilizer that has a capacity of 100,000 gallons or more and which has  been 
constructed on-site.
  (s)   "Mobile  container"  means  a  container  designed   or   used    for 
transporting fertilizer.
  (t)  "Modification" means changes in structures, processes, or   activities 
at a bulk fertilizer storage facility that alter the efficiency  or  capacity 
of containment structures or systems.
  (u)  "New bulk storage facility" means a storage  facility  designated   by 
the director or a storage facility that locates  new,  used,  or  refurbished 
bulk containers where, before the effective date of this rule,  bulk  storage 
was not conducted.
  (v)  "Operational area containment" means a structure or  system  that   is 
designed  and  constructed  to  effectively  intercept  and  contain  spills, 
container or equipment washwater, and precipitation to prevent the runoff  or 
leaching of fertilizer from an area or areas at a storage facility where bulk 
fertilizers  are   transferred,   loaded,   unloaded,   mixed,   impregnated, 
repackaged, or refilled.
  (w)  "Primary containment" means the storage of bulk fertilizer in  storage 
containers at a storage facility.
  (x)  "Primary containment piping" consists of any conveyance  utilized   to 
transport liquid fertilizer into or out of the storage area.
  (y)  "Rinsate" means the liquid that is generated from the rinsing of   the 
interior  surface  of  fertilizer  application  equipment  or  a   fertilizer 
container that has come in direct contact with fertilizer.  The liquid  is  a 
mixture of water and a relatively low concentration of fertilizer.  "Rinsate" 
includes the liquid that is generated by cleaning a containment area under  R 
285.641.10(3).
  (z)  "Secondary containment" means a structure, including dikes,  that   is 
effectively designed and constructed  to  contain  spills  or  leaks  and  to 
prevent escapes,  runoff,  and  leaching  of  fertilizer  from  bulk  storage 
containers and appurtenances.
  (aa)  "Spill" means a contained release,  within  a  containment  area   or 
operational pad, in a quantity that is more than 55 United States gallons  of 
liquid or 650 pounds of dry bulk fertilizer.   "Spill"  does  not  include  a 
fully contained transfer of bulk fertilizer that is made  pursuant  to  sale, 
storage, distribution, or intended use.
  (bb)  "Storage" means the storage of  bulk  fertilizer  by  a  person   who 
manufactures or distributes bulk fertilizer.
  (cc)  "Storage container" means a container,  rail  car,  nurse  tank,   or 
mobile container that is used for the storage of bulk  fertilizer.   "Storage 
container" does not include any of the following:
  (i)  A mobile container that stores bulk fertilizer at a storage   facility 
for less than 30 consecutive days if the storage is incidental to the loading 
or unloading of a storage container at the storage facility.
  (ii)  A mobile container that is located on property other  than   property 
which is owned, operated, or controlled by an owner or operator of a  storage 
facility for less than 30 consecutive days.
  (iii)  A rail car that stores bulk fertilizer at a  storage  facility   for 
less than 30 consecutive days without reloading or unloading.
  (iv)  A container which is 2,500 gallons or less and which is used   solely 
as emergency storage for leaking fertilizer containers.
  (dd)  "Storage facility" means a facility which is used to store  or   hold 
bulk fertilizer and which is owned, operated,  controlled,  or  leased  by  a 
person who manufactures or distributes bulk fertilizer.
  (ee)  "Surface water" means a body of  water  that  has  its  top   surface 
exposed to the atmosphere and includes lakes,  ponds,  or  water  holes  that 
cover an area of more than 0.25 acres and streams, rivers, or waterways  that 
maintain a flow year-round.  "Surface water" does not include waterways  that 
have an intermittent flow.
  (ff)  "Washwater" means the liquid that  is  generated  from  rinsing   the 
exterior surfaces of application, handling, storage, transportation, or nurse 
equipment.  "Washwater" does not include the  liquid  that  is  generated  by 
cleaning a containment area under R 285.641.10(3).

  History: 1998-2000 AACS.


R 285.641.2  Storage facility registration.
  Rule 2.  (1)  A person shall not operate a  storage  facility  in  Michigan 
until it is registered with the department.  Each  facility  shall  submit  a 
registration  application  on  forms  provided  by   the   department.    The 
registration application shall disclose the physical location of the facility 
and its mailing address if different from the address on the application.   A 
person shall submit a discharge response plan under R 285.641.14 and  a  site 
plan of the facility with the registration application.  The site plan  shall 
include all of the following:
  (a)  A plot plan or map of the property that shows all structures  and  the 
location of all wells on the site.
  (b)  A plot plan or map that shows all of the following:
  (i)  Precipitation runoff routes to and from the storage facility.
  (ii)  Approximate  distance  to,  and  the  identity  of,  lakes,  streams, 
drainage ditches, or storm drains within 0.5 mile  of  the  storage  facility 
location.
  (iii) The distance and direction to the nearest public and private wells.
  (iv)  Site soil characteristics.
  (v)  Depth to groundwater.
  (c)  A plot plan or map that shows the location of bulk storage  tanks  and 
their horizontal, raised, or vertical situation  at  the  site,  and  a  tank 
schedule that provides all of the following information for each tank:
  (i)  The construction material.
  (ii)  The capacity.
  (iii)  The diameter.
  (iv)  The height.
  (v)  The product stored.
  (vi)  The date of installation.
  (d)  Secondary and operational area containment construction plans and  the 
capacity of the containments in gallons.
  (e)  If synthetic liners  or  synthetic  materials  are  used,  containment 
structure  manufacturer  installation  instructions   and   confirmation   of 
compatibility with fertilizer.  If prefabricated basins are used, containment 
structure manufacturer confirmation of compatibility with fertilizer  and  an 
estimate of the life expectancy of the structure.
  (f)  An operational plan for containment areas that shows the handling  and 
utilization of recovered fertilizer materials, rinsewater, and  precipitation 
accumulation.
  (2)  For a facility which is in operation on the  effective  date  of  this 
rule and which does not meet the containment requirements of this  rule,  the 
facility shall submit both of the following with the registration application:
  (a)  Items that are required under subrule (1) of this rule.
  (b)  Designs for required containment structures, including the  amount  of 
construction that has been completed and a timetable for complete  compliance 
with this rule.
  (3)  All registrations expire on December 31 of each  year.   The  facility 
site plan need not be submitted with the registration application  after  the 
first registration is approved unless modifications  to  the  facility  occur 
affecting subrules (1) and (2) of this rule.
  (4)  For a facility that has containments under construction or that has
 plans for  construction,  the  facility  shall  submit  annually  the  items 
specified in subrule (2) of this rule with the registration application until 
the construction has been completed.
  (5)  After an initial storage facility registration has been completed,  if 
changes or modifications have not occurred  since  the  latest  registration, 
then facility need not submit the items in subrules (1) and (2) of this  rule 
with the storage facility registration application/renewal.
  (6)  The department may approve a registration application with  conditions 
if the applicant facility has met the requirements of subrules (2) to (5)  of 
this rule.  A facility applying for an approval with  conditions  shall  meet 
timetables for project completion as approved by the department and may  have 
a maximum of 5 years to fully complete a project.
  (7)  The department may deny a registration if the applicant facility  does 
not meet the requirements of this rule.  The applicant facility may appeal  a 
registration denial to the department director for reevaluation.
  (8) The department shall notify an applicant regarding the status of  their 
registration  within  120  days  of  receipt  of  the   registration.    This 
notification shall indicate the conditions of approval  or  the  reasons  for 
denial of registration, if applicable.  An applicant facility shall be deemed 
registered for operation for 1 year if the department does not respond within 
the 120 days.
  (9)  The department may exempt any person from a  requirement  under  these 
rules if compliance is not technically feasible and if the  department  finds 
that alternative measures provide substantially similar protection against  a 
discharge to the environment.  The person who requests  the  exemption  shall 
provide all information which is required to prove that substantially similar 
protection is possible to the department.
  (10)  For the year in which this rule takes effect,  a  facility  applicant 
shall submit a registration application to the department within 180 days  of 
the effective date of this rule.

  History: 1998-2000 AACS.


R 285.641.3  Siting of storage facilities.
  Rule 3.  (1)  The siting of a bulk fertilizer storage facility shall comply 
with applicable local, state, and federal regulations.
  (2) A storage facility shall locate its new bulk storage facilities and its 
respective containment areas shall be located as follows:
  (a)  Above a floodplain as defined in R 285.641.1(1).
  (b)  A minimum of 200 feet from surface water.
  (c)  A minimum of 2,000 feet from type I and type IIa public  water  supply 
wells, as defined in Act No. 399 of the Public  Acts  of  1976,  as  amended, 
being §325.1001 et seq. of the Michigan Compiled Laws.
  (d)  A minimum of 800 feet from type IIb and type III public  water  supply 
wells, as defined in Act No. 399 of the Public  Acts  of  1976,  as  amended, 
being §325.1001 et seq. of the Michigan Compiled Laws.
  (e)  A minimum of 150 feet from all other drinking water supplies that  are 
not defined in Act No. 399 of the Public Acts  of  1976,  as  amended,  being 
§325.1001 et seq. of the Michigan Compiled Laws.
  (3)  Existing bulk storage facilities that have approved containment  shall 
have the outside base of the containment areas located as follows:
  (a)  A minimum of 200 feet from type I and type  IIa  public  water  supply 
wells, as defined in Act No. 399 of the Public  Acts  of  1976,  as  amended, 
being §325.1001 et seq. of the Michigan Compiled Laws.
  (b)  A minimum of 75 feet from type IIb and type III  public  water  supply 
wells, as defined in Act No. 399 of the Public  Acts  of  1976,  as  amended, 
being §325.1001 et seq. of the Michigan Compiled Laws.
  (c)  A minimum of 50 feet from all other drinking water supplies  that  are 
not defined in Act No. 399 of the Public Acts  of  1976,  as  amended,  being 
§325.1001 et seq. of the Michigan Compiled Laws.
  (4)  All bulk storage  facilities  shall  utilize  appropriate  engineering 
safeguards to prevent water supply contamination if the  floodplain,  surface 
water, or water supply setback requirements in subrules (2) and (3)  of  this 
rule cannot be met.  A  storage  facility  shall  implement  the  engineering 
safeguards  before  initial  approval  of  a  facility  registration  by  the 
department.
  (5)  A  storage  facility  shall  ensure  that  bulk  storage  construction 
standards for primary, secondary, and operational containment facilities that 
are constructed after  the  effective  date  of  this  rule  are  of  a  type 
recommended by any of the following entities:
  (a)  Michigan state university.
  (b)  Midwest plan service.
  (c)  Tennessee valley authority.
  (d)  United States Department of Agriculture natural resources conservation 
service.
  (e)  A licensed engineer.
  (f)  Other sources approved by the department.
  (6)  The department is  not  liable  for  the  structural  integrity  of  a 
department-approved storage facility.

  History: 1998-2000 AACS.


R 285.641.4  Primary containment of bulk liquid fertilizer.
  Rule 4.  (1) A storage facility shall ensure that a storage  container  and 
an appurtenance are constructed, installed, and  maintained  to  prevent  the 
unintentional discharge of fluid fertilizer.
  (2) A storage facility  shall  ensure  that  a  storage  container  and  an 
appurtenance are constructed of materials that are  resistant  to  corrosion, 
puncture, or cracking.
  (3) A storage facility shall ensure that metals which are used for  valves, 
fittings, and repairs on metal containers are compatible with the metals that 
are used in the construction of the storage container so that the combination 
of metals does not cause or increase corrosion which may weaken  the  storage 
container or its appurtenances or create a risk of discharge.
  (4) A storage facility  shall  ensure  that  a  storage  container  and  an 
appurtenance are designed to  handle  all  operating  stresses,  taking  into 
account static head, pressure buildup from pumps  and  compressors,  and  any 
other mechanical stresses to which the storage containers  and  appurtenances 
may be subject in the course of operations.
  (5) A storage facility  shall  ensure  that  a  storage  container  and  an 
appurtenance, including pipes, are protected against  reasonably  foreseeable 
risks of damage by trucks and other moving vehicles that are engaged  in  the 
handling of bulk fertilizers.
  (6) A storage facility  shall  ensure  that  a  storage  container  and  an 
appurtenance are constructed  of  materials  that  are  compatible  with  the 
product or products being stored and handled.
  (7) A storage facility shall ensure that a storage container is not  filled 
beyond the capacity for  which  it  is  designed,  taking  into  account  the 
physical characteristics of the fluid that is being stored.
  (8) A storage facility shall ensure that flexible connections and  properly 
supported appurtenances are utilized as dictated by engineering practices  to 
reduce vibrational and stress-related deterioration.
  (9) A storage facility shall ensure that backflow protection or a fixed air 
gap is utilized to protect water lines as required  by  standard  engineering 
and plumbing practices.
  (10) A storage facility shall locate primary containment piping  above  the 
ground and within secondary containment.   The  end  of  primary  containment 
piping or any manifold device  shall  remain  within  secondary  containment.
Underground primary containment piping is permitted provided  the  piping  is 
made of stainless steel, is enclosed in secondary containment (a pipe  within 
a pipe) or is hydrostatically tested annually.
  (11)  A storage facility shall ensure that a storage container is anchored, 
elevated, or secured by some other means as necessary to prevent flotation or 
instability.
  (12) A storage facility shall locate mobile storage container that contains 
liquid fertilizer not less than 100 feet from a water well or surface water.
  (13)  A person shall not store liquid fertilizer in  a  container  that  is 
located underground.
  (14)  A storage facility shall ensure that an adequate  distance  to  allow 
for inspection and maintenance is maintained between storage  containers  and 
between storage containers and the secondary containment wall.
  (15)  A facility that has an existing secondary  containment  area  on  the 
effective date of this rule which does not provide adequate distance to allow 
for inspection and maintenance shall provide  an  adequate  distance  when  a 
physical change to a storage container or  the  secondary  containment  takes 
place.
  (16)  A storage facility  shall  ensure  that  a  bulk  fertilizer  storage 
container is labeled in a prominent location with lettering that is a minimum 
of 4 inches in height.  In addition to meeting the provisions of Act No.  451 
of the Public Acts of 1994, as amended, being §324.8501 et seq.
of the Michigan Compiled Laws, a  storage  facility  shall  ensure  that  the 
labeling includes the capacity of the storage container.
  (17)  A facility that is placed in service after the effective date of this 
rule shall immediately comply with this rule.  A facility that is in  service 
before the effective date of this rule has 2 years to comply with this rule.

  History: 1998-2000 AACS.


R 285.641.5  Liquid level-gauging devices.
  Rule 5.  (1) A storage facility  shall  ensure  that  a  storage  container 
permits easy and safe measurement of the  liquid  level  within  the  storage 
container.  Liquid level  gauging  may  be  accomplished  using  any  of  the 
following:
  (a)  Tank markings.
  (b)  See-through gradations.
  (c)  Dip sticks.
  (d)  Site gauge tubes.
  (e)  Other approved means.
  (2)  A storage facility shall ensure that  exterior  liquid  level  gauging 
devices are secured to protect against breakage and vandalism.
  (3)  A storage facility shall ensure that a storage container which has
 external sight gauges has a lockable bottom valve and is locked closed  when 
not in use.
  (4)  A facility that is placed in service after the effective date of  this 
rule shall immediately comply with this rule.  A facility that is in  service 
before the effective date of this rule has 2 years to comply with this rule.

  History: 1998-2000 AACS.


R 285.641.6  Security requirements.
  Rule 6.  (1)  A storage facility shall ensure that storage container and an 
appurtenance are secured to  provide  reasonable  protection  from  wildlife, 
vandalism,  and  unauthorized  access  at  all  times.   The  container   and 
appurtenance may be secured using any of the following:
  (a)  Fencing.
  (b)  Lighting.
  (c)  Locks.
  (d)  Other approved means.
  (2)  For nonapplication season storage, a  storage  facility  shall  ensure 
that an appurtenance and a valve on a storage container or  mobile  container 
are locked or otherwise secured.
  (3)  A storage facility shall ensure that a storage container  is  equipped 
with a shutoff valve that is  located  on  the  storage  container  or  at  a 
distance from the storage container dictated by standard engineering practice.
  (4)  For multiple valves that are located  on  a  single  line,  a  storage 
facility shall ensure that the valve closest  to  its  storage  container  is 
securable.
  (5)  A storage facility shall ensure that a valve on an empty container  is 
closed.
  (6) A storage facility shall fully comply with the provisions of this  rule 
180 days after the effective date of this rule.

  History: 1998-2000 AACS.


R 285.641.7  Secondary containment of bulk liquid fertilizer.
  Rule 7.  (1) A storage facility shall locate a primary storage container of 
bulk  fertilizer  within  a  secondary  containment  area.   Construction  of 
containment areas that have discharge valves or drains will not be  permitted 
after the effective date of this rule.
  (2) A storage facility shall comply with  all  of  the  following  capacity 
requirements for a secondary containment area, as applicable:
  (a) A storage facility shall ensure that a secondary containment area  that 
is not protected from rainfall contains a minimum of 110% of  the  volume  of 
the largest storage container within the diked area, plus the volume that  is 
occupied by all other tanks within and below the height of the dike, plus the 
volume of a 6-inch rainfall.
  (b) A storage facility shall ensure that a secondary containment area  that 
is protected from rainfall contains a minimum of 110% of the  volume  of  the 
largest storage container within the diked area,  plus  the  volume  that  is 
occupied by all other tanks within and below the height of the dike.
  (c)   A  secondary  containment  area  which  was  constructed  before  the 
effective date of this rule and which does not have a capacity that  includes 
the 6-inch rainfall complies with this rule.  A  storage  facility  to  which 
this subdivision applies shall, upon alteration of the secondary  containment 
area or increases in  storage  container  volume,  provide  a  capacity  that 
includes a 6-inch rainfall within 1 year of the alteration or increase.
  (d)  A storage facility shall ensure that a secondary containment area that 
is  not  protected  from  rainfall  provides  for  separation  between   bulk 
pesticides and bulk fertilizers to the extent that  a  common  wall  or  curb 
between the pesticide and fertilizer areas  will  accomplish  either  of  the 
following:
  (i)  Prevent  pesticide  from  entering  the  fertilizer  area,  but  allow 
fertilizer to enter and utilize the  pesticide  area  while  maintaining  the 
capacity requirements specified in subdivisions (a) to (c) of this subrule.
  (ii)  Maintain a complete separation of fertilizer and pesticide,  with  or 
without  a  common  wall,  if  each  separate  area  maintains  the  capacity 
requirements specified in subdivisions (a) to (c) of this subrule.
  (e) A storage facility shall ensure that tile drainage that underlies areas 
which are contained by earthen dikes is eliminated.
  (3)  A storage facility shall comply with all of the following construction 
requirements for secondary containment areas:
  (a)  A storage facility shall  ensure  that  the  walls  and  floors  of  a 
secondary containment area are constructed of any of the following  materials 
and are designed to withstand a  full  hydrostatic  head  of  any  discharged 
liquid and weight load of material:
  (i)  Earth.
  (ii)  Steel.
  (iii)  Poured reinforced concrete.
  (iv)  Precast concrete modules.
  (v)  Solid masonry.
  (vi)  Other materials approved by the department.
  (b)  A storage facility shall ensure that all joints, seams,  and  cracking 
are sealed to prevent leakage.
  (c)  A storage facility shall ensure that walls are not more than 6 feet in 
height above interior grade unless provision is  made  for  safe  access  and 
exiting.
  (d)   A  storage  facility  shall  ensure  that  earthen   walls   have   a 
horizontal-to-vertical slope consistent with good engineering  practice,  are 
packed and protected from erosion, and the top are not  less  than  2.5  feet 
wide.
  (e)  A storage facility shall ensure that piping is not  installed  through 
the secondary containment wall, except for interconnections between  multiple 
secondary  containment  structures.   This  prohibition  does  not  apply  to 
existing bulk storage facilities that have  properly  engineered,  monitored, 
and maintained through-wall piping, as determined by the department.
  (f)  The floor of a secondary containment area may slope  to  a  watertight 
catch basin or sump.
  (g)  A storage facility shall ensure that a secondary containment area that 
is constructed of earth or other permeable materials is lined with  concrete, 
steel, approved synthetic liners, or a clay liner to achieve watertightness.
  (h)  If steel plates are used as a liner, then the department shall approve 
the installation plans.  A storage facility shall ensure that the plates  are 
protected against corrosion and joined in  a  manner  to  provide  watertight 
joints.
  (i)  The department shall approve synthetic liners and  installation  plans 
before installation.  A  storage  facility  shall  comply  with  all  of  the 
following  provisions  before  the  department  will  grant  synthetic  liner 
approval:
  (i)  The manufacturer of the liner shall provide  written  confirmation  of 
compatibility and an estimate of the life expectancy of the liner.
  (ii)  A synthetic liner shall have a minimum  thickness  of  30  mils  (0.8 
millimeter) and be compatible with the  materials  being  stored  within  the 
secondary containment area.
  (iii)  A synthetic liner shall be installed  under  the  supervision  of  a 
qualified representative of the manufacturer, and all field-constructed seams 
shall  be  tested  and  repaired,  if  necessary,  in  accordance  with   the 
manufacturer's recommendations.
  (j)  A storage facility may use a soil or earthen liner for fertilizer bulk 
storage secondary containment structures  if  the  liner  meets  all  of  the 
following requirements:
  (i)  The soil liner is maintained free of major cracking and vegetation.
  (ii)  The internal surface soil is sealed, including the berm of an earthen 
dike,  with a sealing agent, such as  sodium  bentonite,  attapulgite,  or  a 
similar clay material.
  (iii)   The  soil  liner  is  constructed  in  accordance   with   reliable 
engineering recommendations to achieve a coefficient of permeability  of  not 
more than 1.0 x 10-6 cm/sec at construction, is maintained at a  permeability 
of 1.0 x 10-5 cm/sec, and is a minimum of 6 inches in thickness.
  (k)  A storage facility shall ensure that sump construction is of the  same 
thickness on all sides including the base of the sump, as for  the  remainder 
of the containment area base and shall be watertight.
  (l)   A  storage  facility  shall  ensure  that  design  and   construction 
specifications for the sump address sediment accumulation, sediment  removal, 
and freeze-thaw cycles.
  (m)  The department may approve the  use  of  experimental  materials  upon 
written  confirmation  from  the   manufacturer   regarding   the   pertinent 
specifications of the material for use in fertilizer containment.
  (4) To be exempt from secondary containment lining requirements, a  storage 
facility need not install a liner directly under a  storage  container  which 
has a capacity of 100,000 gallons or more  and  which  has  been  constructed 
on-site and put into use before the  effective  date  of  this  rule  if  the 
facility complies with 1 of the following alternative procedures:
  (a)  The following provisions pertain to alternative procedure 1:
  (i)  A storage facility shall ensure that a second bottom that is  made  of 
the same material as the remainder of the storage  container  is  constructed 
for the storage container.  The facility shall ensure that the second  bottom 
is placed over the original bottom and minimum 3-inch layer of  smooth,  fine 
gravel, coarse sand, or  other  material  approved  by  the  department.  The 
department may approve alternate methods or materials  under  this  provision 
provided the department determines that substantially similar protection will 
be achieved.
  (ii)  A storage facility shall test the  original  bottom  of  the  storage 
container for leaks before the sand layer and second bottom are installed.
The storage facility shall keep a record of the test on file.
  (iii)  A storage facility shall test the newly constructed bottom for leaks 
before any fluid fertilizer is stored on the newly constructed  bottom.   The 
storage facility shall keep a record of the test on file.
  (iv)  A storage facility shall employ a method  by  which  leaks  from  the 
newly constructed bottom into the sand layer are readily detected.
  (v)  A storage facility shall test the newly constructed  bottom  at  least 
once every 5 years for leaks.  The storage facility shall maintain  a  record 
of the tests.
  (b)  The following provisions pertain to alternative procedure 2:
  (i)  A storage facility shall empty, clean, and test a container for leaks.
 The storage facility shall test the walls and floors  of  the  container  to 
assure that the welds and the thickness of the steel  plates  are  sound  and 
strong enough to contain the fertilizer.  The storage facility shall  keep  a 
record of the inspection, test results, and any repairs made to  the  storage 
container on file.
  (ii)  A storage facility shall coat the interior floor and 24 inches up the 
walls of the container with an approved liner to inhibit corrosion.
The storage facility shall keep a record of the  liner’s  compatibility  with 
fertilizer, life expectancy, and installation procedures on file.
  (iii)  A storage facility shall conduct an approved test for  leaks,  liner 
deterioration, and metal corrosion at least once every 5 years.  The  storage 
facility shall keep a record of the tests.
  (c)  The following provisions pertain to alternative procedure 3:
  (i)  A storage facility shall install approved monitoring devices in angled 
borings under each tank.  The monitoring  devices  shall  constitute  a  leak 
detection system for each tank that will  detect  any  leak  before  reaching 
groundwater.
  (ii)  A storage facility shall use standard engineering practices  and  the 
specific characteristics of the site to determine the characteristics of  the 
monitoring devices.  The location of the monitoring devices shall provide the 
best practical early warning detection system for tank leakage.
  (iii)   The  department  shall  approve  each  monitoring  system   to   be 
implemented under this alternative procedure before installation.
  (5)  A facility that is placed in service after the effective date of  this 
rule shall immediately comply with this rule.  A facility that is in  service 
before the effective date of this rule has 2 years to comply with this  rule, 
except for containers specified in subrule (4) of  this  rule,  for  which  a 
facility has 5 years to comply with this rule.

  History: 1998-2000 AACS.


R 285.641.8  Alternative to diking for storage containers.
  Rule 8.  (1)  An individual storage container that does not have a capacity 
of more than 3,000 gallons  may  be  contained  within  a  secondary  storage 
container, that is, an elephant ring, instead of a diked containment area.
  (2)  A  storage  facility  shall  ensure  that  both  the  primary  storage 
container and the elephant ring are fabricated of material that is compatible 
with each other and with the fertilizer that is being stored.
  (3)  A storage facility shall ensure that the height of the  elephant  ring 
wall is not more than 4 feet.
  (4)  A storage facility shall ensure that  the  volume  that  is  contained 
within the secondary storage walls up to the working height of  the  elephant 
ring is sufficient to contain 110% of the volume that  is  contained  in  the 
primary storage container plus the volume that is displaced by  the  footings 
of any equipment which is placed within the secondary containment vessel.
  (5)  A storage facility shall ensure that the  elephant  ring  is  free  of 
leaks and structural defects.  A storage facility shall ensure that the  base 
is protected from corrosion, both from inside and outside, and  is  underlaid 
with a concrete pad or with 8 inches of compacted gravel beneath 4 inches  of 
compacted sand or clay or is protected as recommended by the manufacturer  of 
the elephant ring and as approved by the department.
  (6) A storage facility shall ensure that  all  piping  connections  to  the 
primary storage container are made over the wall of the elephant ring and are 
adequately supported and braced.  A storage facility shall ensure that  pumps 
and  other  fixtures,  if  located  within  the  elephant  ring   containment 
structure, are placed on an elevated platform  or  otherwise  protected  from 
water accumulation.
  (7)  A storage facility shall ensure that accumulations of storm water  and 
other material are pumped over the wall of the elephant ring by  means  of  a 
pump within the secondary container or by means of an exterior portable  pump 
and are disposed of in accordance with R 285.641.10(2).
  (8)  A storage facility shall fully comply with the provisions of this rule 
2 years after the effective date of this rule.

  History: 1998-2000 AACS.


R 285.641.9  Operational area containment of liquid fertilizer.
  Rule 9.  (1) A storage facility shall ensure  that  operational  areas  are 
curbed or sloped to  allow  the  containment  of  accumulated  liquids.   The 
storage facility shall construct the area of  reinforced  concrete  or  other 
suitable material approved by  the  department,  to  provide  an  impermeable 
surface.  A storage facility shall ensure that operational area activities at 
the fertilizer storage facility are carried out within this area.
  (2)  A storage facility shall construct the  operational  area  containment 
and reinforce the area to handle at least the foreseeable maximum gross  load 
that could be on the pad.
  (3)  A storage facility shall comply with all of  the  following  size  and 
capacity requirements for operational area containments:
  (a)  A storage facility shall ensure that the operational area  containment 
is a minimum width of 10 feet and a minimum length of 20 feet.
  (b)   A  storage  facility  shall  ensure  that,  except  as  provided   in 
subdivision (c) of this subrule, curbed surfaces and catch basins are  of  an 
adequate size and design to contain a minimum of 1,500 gallons of  discharged 
liquid.
  (c)  A  storage  facility  shall  ensure  that  if  there  are  no  storage 
containers that are used at the storage facility which  have  a  capacity  of 
more than 1,000 gallons, and if there are no mobile containers that are  used 
to transfer liquid fertilizer to and from storage  containers  which  have  a 
capacity of more than 1,000 gallons, the curbed surface and catch  basin  are 
of an adequate size and design to contain 110% of the volume of  the  largest 
storage container or the largest mobile container that is used, whichever  is 
greater.
  (d)  The operational area containment capacity may include  an  aboveground 
container for temporary storage if a pump is  installed  which  automatically 
transfers the contents of the sump into the container and if the container is 
located within secondary containment.
  (4)  A storage facility shall ensure that any filling or unloading point of 
a mobile container is positioned  over  the  paved  area  during  loading  or 
unloading to assure retention of any discharge.
  (5)  A storage facility shall ensure that the  secondary  containment  area 
which is described in R 285.641.7 can, under  the  following  conditions,  be 
jointly utilized as an operational containment area  instead  of  a  separate 
operational containment area:
  (a)  The secondary containment area is not lined with a synthetic  or  soil 
liner only.
  (b)  The storage facility complies with sufficient capacity requirements, R 
285.641.7, and this rule.
  (6) A storage facility  shall  ensure  that  a  storage  container  and  an 
appurtenance, including pipes, are  protected against reasonably  foreseeable 
risks of damage by trucks and other moving vehicles that are engaged  in  the 
loading or unloading of bulk fertilizer.
  (7)  A storage facility shall ensure that loading and unloading  operations 
are supervised at all  times  by  an  attendant  who  is  familiar  with  the 
operation of the mechanical appurtenances in use at the facility and  who  is 
familiar with the procedures that are used for the control  and  recovery  of 
discharges.
  (8)  This rule does not apply to a mobile container that is used  to  nurse 
field operations when the mobile container is at a field unloading site.
  (9)  Marine vessels and rail cars are  exempt  from  the  operational  area 
containment requirements of this rule if appropriate protective  actions  are 
implemented to prevent uncontained discharges  and  are  in  compliance  with 
applicable  United  States  coast  guard  and  department  of  transportation 
regulations.
  (10)  A facility that is placed in service after the effective date of this 
rule shall immediately comply with this rule.  A facility that is in  service 
before the effective date of this rule has 2 years to comply with this rule.

  History: 1998-2000 AACS.


R 285.641.9a  Alternative to diking for large storage tanks.
  Rule 9a.  (1)  A storage facility may  install  a  bladder  system  in   an 
individual large storage tank instead of a diked containment  area,  provided 
all of the provisions in this rule are met.
  (2)  Before construction and installation, the storage facility shall  have 
written department approval for the proposed large storage tank  and  bladder 
system.
  (3)  A storage facility shall ensure that the  bladder  system  plans   are 
sealed by a professional engineer licensed in the state of Michigan.
  (4)  A storage facility seeking to install a bladder  system  into  a   new 
large storage tank shall ensure the tank is constructed according to API  650 
standards by an authorized inspector.
  (5)  A storage facility seeking to install a bladder system in an  existing 
large storage tank shall ensure the tank is inspected according  to  API  653 
standards by an authorized inspector with a complete, out-of-service internal 
and external inspection.   The  tank  shall  be  modified  to  meet  API  653 
standards before installing the bladder system.
  (6)  Large storage tanks equipped with a bladder system shall be  inspected 
according to API 653 standards by an authorized inspector every 5 years after 
bladder system installation.
  (7)  The synthetic liner material used in the bladder system shall   comply 
with the following provisions:
  (a)  The synthetic liner shall have a minimum thickness  of  30-mils   (0.8 
millimeter).
  (b)  The synthetic liner shall be chemically compatible with all  materials 
stored within it.
  (c)  The manufacturer of the liner shall provide written  confirmation   of 
liner compatibility and an estimate of the liner life expectancy.
  (d)  The synthetic liner shall be installed under  the  supervision  of   a 
qualified representative of the manufacturer.
  (e)  The synthetic liner shall be  capable  of  meeting  the  stresses   of 
normal operations without disintegrating, delaminating, or otherwise failing.
  (8)  A storage facility shall comply with  the  following  bladder   system 
installation requirements:
  (a)  The bladder system shall be installed to allow access  to  the   space 
between the bladder and storage tank wall.
  (b)  The bladder system shall include a  permeable  protective   geotextile 
barrier between the bladder and storage tank wall.
  (c)  The bladder system shall be installed  under  the  supervision  of   a 
qualified representative of the  manufacturer.   All  field  seams  shall  be 
tested and repaired, if necessary,  in  accordance  with  the  manufacturer's 
recommendations.
  (d)   The  tank  shall  be  prepared  in  accordance  with   the    bladder 
manufacturer's specifications.
  (e)  Following installation, and before filling, the bladder system   shall 
be thoroughly tested to ensure the system is free of leaks.
  (9)  A storage facility equipped with a  bladder  system  shall  have   the 
bladder inspected within 2 years after the initial installation  and,  if  no 
failure indications are found, at 5-year intervals thereafter.
  (10)  The large storage tank and bladder system shall be  constructed   and 
equipped with the following devices:
  (a)  A functioning automatic active liquid level-monitoring device.    This 
overfill protection device shall notify the operator before  the  bladder  is 
filled beyond its capacity by 1 or both of the following mechanisms:
  (i)  Automatic pump shut-off.
  (ii)  Audible alarm.
  (b)  A continuously working automatic liquid level  monitoring  and   alarm 
system that will detect leaks from the storage tank.
  (c)  A leak detection system constructed under the  synthetic  liner   that 
will detect leaks from the bladder system and  allow  full  recovery  of  any 
liquid extracted from the effluent ports.
  (11) Appurtenances connected to the large storage tank shall be  maintained 
as follows:
  (a)  All external appurtenances, including pumps and leak detection  ports, 
shall be encased or enclosed to contain any leaks and secured when not in use.
  (b)  All appurtenances that extend  through  both  the  storage  tank   and 
bladder system, not including manways, shall be equipped with  a  valve  that 
meets both of the following requirements:
  (i)  The valve shall be enclosed within a structural steel containment  box 
capable of withstanding the maximum head pressure of the bladder  system  and 
be equipped with a leak detection device or system.
  (ii)   The  valve  shall  be  secured  against  wildlife,  vandalism,   and 
unauthorized access at all times.
  (c)  The facility shall ensure that the storage tank, bladder system,   and 
appurtenances, including pipes, are protected against reasonably  foreseeable 
risks of damage by trucks and other moving vehicles.
  (12)  Inspection and maintenance records shall be maintained as follows:
  (a)  The storage tank, bladder system, and appurtenances shall be  visually 
inspected daily during use, and at  least  monthly  when  not  in  use.   The 
results of the inspection shall be recorded and shall be  made  available  to 
the department during normal business hours.
  (b)  Inspection and  maintenance  records  for  the  large  storage   tank, 
bladder system, and  leak  detection  systems  shall  be  maintained  at  the 
facility.
  (c)  The facility shall sample any effluent collected  at  the   monitoring 
ports and analyze samples for fertilizer  content  on  a  quarterly  basis.
Results of any analysis with fertilizer content  shall  be  reported  to  the 
department immediately.
  (13)  If a spill, discharge, overfill, or tank failure  occurs,  then   the 
following applies:
  (a)  The operator shall report all  discharges,  overfills,  and   internal 
spills to the department immediately upon discovery.
  (b)  If a leak or other failure of the bladder  system  occurs,  then   the 
storage tank shall be emptied within 30 days.
  (c)  The affected areas of the  bladder,  bladder  protection  layer,   and 
interior of the storage tank  shall  be  thoroughly  cleaned,  repaired,  and 
inspected before the storage tank and bladder system are  again  placed  into 
service.

  History: 2006 AACS.


R 285.641.10  Containment area management and operation.
  Rule 10.  (1)  If a secondary containment area is in use,  then  a  storage 
facility shall manage accumulated precipitation, spills, or leaks within  the 
containment area as follows:
  (a)  Remove accumulated liquids by a manually  activated  pump.   Automatic 
pumps that have float switches are prohibited.
  (b)  Promptly recover  accumulated  liquids,  discharges,  or  spills  from 
containment areas.
  (c)  For accumulated liquids that do not contain any fertilizer, a  storage 
facility may discharge liquids from containment areas as surface runoff,  but 
shall not discharge the liquids directly into any  surface  water,  waterway, 
storm drain, or field tile.
  (d) For accumulated liquids that may contain fertilizer, a storage facility 
shall remove liquids from containment areas and  may  apply  the  liquids  at 
agronomic rates to sites where the fertilizer can be utilized as intended.
  (e)  In the event of a  spill  within  a  containment  area  and  following 
collection and recovery of  the  fertilizer  containing  liquids,  a  storage 
facility shall clean the area in accordance with subrule  (2)  of  this  rule 
before resuming the management practice of  discharging  accumulated  liquids 
that do not contain fertilizer as surface runoff.
  (2)  A storage facility shall clean nonearthen containment areas as follows:
  (a)  Wash the area using clean water.
  (b)  Double rinse the area using clean water.
  (c)  Remove all rinsate that is generated by the containment area  cleaning 
process.
  (3)  A storage facility shall promptly remediate earthen dikes if there  is 
a spill or leak, which may require the removal of the soil in the containment 
area.  A storage facility shall carry out soil remediation in accordance with 
department directives.
  (4)  A facility that is placed in service after the effective date of  this 
rule shall immediately comply with this rule.  A facility that is in  service 
before the effective date of this rule and that has  completed  secondary  or 
operational containment areas shall immediately comply  with  this  rule.   A 
facility that is in service before the effective  date  of  this  rule  shall 
immediately comply with this rule upon completion of secondary or operational 
containment areas in compliance with R 285.641.7, R 285.641.8, or R 285.641.9.

  History: 1998-2000 AACS.


R 285.641.11  Abandoned containers.
  Rule 11.  (1)  Storage containers and other containers that are used  at  a 
storage  facility  to  hold  bulk  fertilizer  or  fertilizer  rinsates   are 
considered abandoned if they have been out of service for more than 6  months 
because of a weakness or leak or have been out of service for any reason  for 
more than 2 years.
  (2)  A storage facility shall  thoroughly  clean  abandoned  containers  by 
double rinsing.
  (3)  A storage facility shall fully comply with the provisions of this rule 
90 days after the effective date of this rule.

  History: 1998-2000 AACS.


R 285.641.12  Site closure and discontinuation of operation.
  Rule 12.   (1)   If  a  bulk  fertilizer  storage  facility  is  closed  or 
operations are discontinued, then both of the following provisions  shall  be 
complied with:
  (a)  A storage facility shall remove all fertilizers, rinsates, washwaters, 
and other materials that contain  fertilizers  from  the  facility  site  and 
utilize them for the original intended purpose of the product or  dispose  of 
them in a manner approved by the department.
  (b)  A storage facility shall thoroughly clean the  storage  containers  at 
the facility by double rinsing or the equivalent.
  (2)  A storage facility shall fully comply with the provisions of this rule 
90 days after the effective date of this rule.

  History: 1998-2000 AACS.


R 285.641.13  Storage of bulk dry fertilizer.
  Rule 13.  (1)  A storage facility shall store  and  handle  dry  fertilizer 
materials in a manner to prevent contamination by minimizing  losses  to  the 
air, surface water, groundwater, or subsoil.
  (2)  A storage facility shall store nonfluid  fertilizers  inside  a  sound 
structure or device that has a cover or  roof  top,  sidewalls,  and  a  base 
sufficient to prevent contact with precipitation and surface waters.  If bulk 
dry fertilizer is stored outdoors, the storage facility shall place  the  dry 
fertilizer on a ground cover that  is  sufficiently  impermeable  to  prevent 
seepage or runoff and shall  completely  cover  the  dry  fertilizer  with  a 
tarpaulin or other suitable covering to prevent  contact  with  precipitation 
and surface water.
  (3)  A storage facility shall conduct all loading, unloading,  mixing,  and 
handling of dry fertilizer at the storage facility  on  a  paved  impermeable 
surface of a size and design that will contain the fertilizer and  allow  for 
the collection of spilled material  to  be  recycled,  applied  at  agronomic 
rates, or disposed of in a manner approved by the department.
  (4)  A storage facility  shall  use  containment  devices,  structures,  or 
techniques to minimize the emission of dust and vapors  beyond  the  facility 
boundaries.
  (5)  A facility that is placed in service after the effective date of  this 
rule shall immediately comply with this rule.  A facility that is in  service 
before the effective date of this rule has 2 years to comply with this rule.

  History: 1998-2000 AACS.


R 285.641.14  Discharge response plan.
  Rule 14.  (1)  An operator of a storage facility shall  prepare  a  written 
discharge response plan for the storage facility.  The plan shall include all 
of the following information:
  (a)  The identities and telephone numbers of the persons or  agencies  that 
are to be contacted in the event of a discharge, including  the  persons  who 
are responsible for the stored fertilizer.
  (b)  For each bulk fertilizer that is stored at the  facility,  a  complete 
copy of the storage container labeling that is required by this rule and  the 
labeling required by Part 85 of Act No. 451 of the Public Acts  of  1994,  as 
amended, being §324.8501 et seq. of the Michigan Compiled Laws, to  accompany 
the sale of the fertilizer.
  (c)  An identification, by location, of every bulk storage  container  that 
is located at the bulk storage facility together with the type of  fertilizer 
it contains.  The plan need not include the specific location of each  mobile 
fertilizer container if the plan includes the  general  location  within  the 
facility where the containers are held.
  (d)  For each type of bulk fertilizer that is stored at the  facility,  the 
procedures to be used in controlling and recovering, or otherwise  responding 
to, a discharge or spill.
  (e)  The procedures to be followed in using or  disposing  of  a  recovered 
discharge or spill.
  (2)  An operator shall keep the plan  current  and  readily  available  and 
shall inform the local fire and police departments of the  existence  of  the 
plan.
  (3)  The owner or manager of the bulk  fertilizer  storage  facility  shall 
conduct emergency and discharge response training for all  new  and  existing 
employees of the facility annually before the beginning of the fertilizer use 
season.  New employees shall receive training within 30 days of employment.
A firm's owner, manager, and employees  are  responsible  for  following  the 
firm's emergency and discharge response plan procedures.
  (4)  Every storage facility shall have an  appropriate  spill  kit  readily 
available in the event of a discharge or spill.
  (5)  A storage facility shall immediately  report  any  discharges  to  the 
environment to the department at 1-800-405-0101, which is available 24  hours 
a day.
  (6)  A storage facility shall fully comply with this rule on the  effective 
date of this rule.

  History: 1998-2000 AACS.


R 285.641.15  Inspection and maintenance requirements.
  Rule 15.  (1)  An  operator  of  a  storage  facility  shall  maintain  the 
facility to minimize the risk of a discharge.
  (2)  An operator of a storage facility shall visually inspect the  facility 
at least monthly while the facility is being utilized for the storage of bulk 
fertilizer.
  (3)  A storage  facility  shall  maintain  all  secondary  containment  and 
operational areas free of debris and foreign matter.
  (4)  A storage facility shall make a written record of all inspections  and 
maintenance on the day of the inspection or maintenance.  A storage  facility 
shall keep the record on file at the storage facility or at the nearest local 
office from which the storage facility is administered.
  (5)  A storage facility shall fully comply with the provisions of this rule 
on the effective date of this rule.

  History: 1998-2000 AACS.


R 285.641.16  Recordkeeping requirements.
  Rule 16.  (1)  A storage facility shall prepare, maintain, and keep readily 
available all of the following records for a period of not less than 3  years 
at every storage facility or at the  nearest  local  office  from  which  the 
storage facility is administered:
  (a)  A record of  all  discharges  to  the  environment  or  spills  within 
containment areas at the storage facility.
  (b)  An inventory reconciliation for each storage container  at  facilities 
that utilize earthen dikes and soil liners.  When facilities are in  use  for 
storage, a storage facility shall  conduct  an  inventory  reconciliation  at 
least once every 3  months  to  compare  the  measured  level  in  a  storage 
container against shipments in and out of the container.
  (c)  Inspection and maintenance records.
  (d)  Facility site plan information required under R 285.641.2(1) and (2).
  (2)  A storage facility shall fully comply with this rule on the  effective 
date of this rule.

  History: 1998-2000 AACS.


R 285.641.17  Remediation actions.
  Rule 17.  (1)  If a discharge to the  environment  is  reported  or  it  is 
determined that a discharge to the environment has occurred, then an operator 
shall comply with both of the following provisions:
  (a)   Remove  contaminated  materials  from   the   site,   determine   the 
concentration of fertilizer, and field-apply at or below agronomic  rates  or 
properly  dispose  of  the  contaminated  material  according  to  department 
directives.
  (b)  If the facility operator decides to close the facility as a result  of 
a contamination notification, then the facility shall be closed in accordance 
with R 285.641.12.
  (2)  A storage facility shall fully comply with rule on the effective  date 
of this rule.

  History: 1998-2000 AACS.


R 285.641.18  Advisory information.
  Rule 18.  (1)  The information specified in this rule  is  offered  by  the 
department with respect to  other  state  agencies  and  their  policies  and 
regulations that may have an impact on bulk storage facilities.
  (2)   All  the  following  provisions  apply  to  the  pollution   incident 
prevention plan (PIPP) requirements:
  (a)  A person who operates a bulk storage  facility  is  advised  that  the 
department of environmental quality may require the submittal of  a  plan  of 
loss prevention and recovery  depending  upon  the  type  of  material  being 
processed or stored.
  (b)  A storage facility may submit the registration application,  discharge 
response plan, and facility site plans required by R 285.640.2 as a PIPP plan 
to the department of environmental quality.  The department of  environmental 
quality may determine that the information meets all, or only a  portion  of, 
the requirements for the PIPP plan.
  (c)  The provisions of R 323.1151 to R  323.1169  of  the  water  resources 
commission promulgated under Act No. 245 of  the  Public  Acts  of  1929,  as 
amended, being §323.1 et seq. of the Michigan Compiled Laws, require  that  a 
pollution incident prevention plan be submitted for approval to the  district 
office of the department of natural resources, waste  management  division.
Copies of Act 245 of the Public Acts of 1929, other pertinent rules, district 
office locations, and requirements for the PIPP plans are available from  the 
Michigan Department of Environmental Quality, Waste Management Division, P.O.
Box 30241, Lansing, Michigan  48909.
  (3)  Both of the following provisions apply to national pollution discharge 
elimination system (NPDES) storm water permit requirements:
  (a)  A person who operates a bulk storage  facility  is  advised  that  the 
department of environmental quality may require a storm water  permit  to  be 
obtained dependent upon the type of standard industrial classification  (SIC) 
code that the facility falls within.
  (b)  Copies of pertinent rules, district office locations, and requirements 
for the NPDES storm water permit are available from the  Michigan  Department 
of Environmental Quality, Surface Water Quality  Division,  P.O.  Box  30273, 
Lansing, Michigan 48909.
  (4)  Both of the  following  provisions  apply  to  bulk  storage  facility 
designs:
  (a)  A person who operates a bulk storage  facility  is  advised  that  the 
department, upon issuing a facility  registration,  is  not  liable  for  the 
structural integrity of the storage facility.
  (b) It is recommended that a person who operates a  bulk  storage  facility 
consult with a licensed professional engineer for  designs  and  construction 
specifications for  the  modification  or  construction  of  a  bulk  storage 
facility to meet the requirements of these rules.

  History: 1998-2000 AACS.