Mich. Admin. Code R. 29.2153 - Permanent closure and changes in service

Rule 53. Section 280.71 is amended to read as follows:

Section 280.71.

(a) Not less than 30 days before beginning either permanent closure or a change in service under subsection (b) and (c) of this section, or within another reasonable time period determined by the department, an owner and operator, or a person employed by the owner and operator, shall notify the department of the owner's and operator's intent to permanently close or make the change in service, unless the action is in response to corrective action. The 30-day notification requirement may be waived by the department. The required assessment of the excavation zone under section 280.72 must be performed after notifying the department, but before completion of the permanent closure or change in service. The owner and operator has the final responsibility to ensure the notification is given.

(b) an UST system is considered permanently closed when the UST system is empty for 30 days or more and does not meet the requirements of temporary closure specified in section 280.70 or the requirements for change in service specified in section 280.72. To permanently close a tank, an owner and operator shall empty and clean it by removing all liquids and accumulated sludge and purge it of all vapors. All tanks closed permanently must be removed from the ground. If buildings or structures exist above or near the tank, or in close proximity to the tank such that removal would jeopardize the building or structure integrity, the O/O may close the UST system in place. To close the UST system in place, the tank must be emptied and cleaned as defined in this subsection and filled with an inert solid material and a site assessment shall be conducted under section 280.72. Piping permanently removed from service must be emptied of all liquids and sludge, purged, and capped or shall be removed from the ground. Unless approved by the department, the owners and operators of an improperly closed UST system shall close the UST system in accordance with this section and sections 280.72 to 280.74. A tank is considered improperly closed in place if removal would not cause structural damage to any building or major structure.

(c) The use of an UST system to store a nonregulated substance is considered a change in service. Owners and operators are required to provide a 30-day notice in accordance with subsection (a) of this section. This notice must be on a form provided by the department. Owners and operators or their agent shall then empty and clean the tank and piping by removing all liquid and accumulated sludge and conduct a site assessment in accordance with section 280.72.

(d) Notification of permanent closure or a change in service, as required under subsection (a) of this section, must be on a form provided by the department. The owner and operator shall notify the department not less than 2 working days, excluding Saturdays, Sundays, and holidays, before the actual permanent closure or change in service of the UST system.

(e) Upon notification received under subsection (d) of this section, the department shall forward an approval notice to the O/O. The approval is valid for 6 months. If the UST system is not closed or a change in service does not occur within the 6-month period, then the owner and operator shall resubmit the notification form specified in subsection (d) of this section.

(f) Within 30 days of permanent closure or a change in service of the UST system, the owner and operator shall sign and submit an amended registration for underground storage tank form or, in place of an amended registration form required under section 280.22, an O/O may submit a site assessment form, in accordance with section 280.72, signed by the owner, within 45 days of permanent closure or a change in service.

Notes

Mich. Admin. Code R. 29.2153

1998-2000 AACS; 2018 MR 21, Eff. 11/14/2018