reglab/statecodes huggingface dataset:
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 637 - Pesticide Use › Section R. 285.637.17 - Penalties for violation of local pesticide ordinances

Current through Vol. 24-12, July 15, 2024
Rule 17.
(1) A local
				unit of government shall utilize the following schedule of fines for violation
				of local ordinances authorized by section 21a(3) of the act:
(a) A violation of R 285.637.5(8), which
				requires prior notification to persons on the registry, shall be subject to a
				fine of $50.00 for the first offense, $100.00 for the second offense, $250.00
				for the third offense, and $500.00 for the fourth offense.
(b) A violation of R 285.637.11(1), (2), (3)
				or (5), which requires posting of lawn and ornamental sites, golf courses,
				community applications, and rights-of-way, shall be subject to a fine of $25.00
				for the first offense, $50.00 for the second offense, $100.00 for the third
				offense, and $200.00 for the fourth offense.
(c) A violation of R 285.637.11(4), which
				requires applicators to provide building managers of commercial or public
				buildings, health care facilities, day-care centers, and schools with signs,
				shall be subject to a fine of $25.00 for the first offense, $50.00 for the
				second offense, $100.00 for the third offense, and $200.00 for the fourth
				offense.
(d) A violation of R
				285.637.11(4)(c) by a building manager shall be subject to a formal warning for
				the first offense, a fine of $50.00 for the second offense, a fine of $100.00
				for the third offense, and a fine of $200.00 for the fourth offense.
(e) A violation of MCL 324.8316(2) to (4),
				requiring schools and day-care centers to provide information regarding
				pesticide applications to parents or guardians, shall be subject to a fine of
				$25.00 for the first offense, $50.00 for the second offense, $100.00 for the
				third offense, and $200.00 for the fourth offense.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 640 - Commercial Pesticide Bulk Storage › Section R. 285.640.1 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 1. As used in these rules:
(a) "Approved" means approval by the director
				of the department or his or her representative.
(b) "Appurtenances" means any of the
				following which are connected to a bulk pesticide container or which are used
				for transferring bulk pesticide between containers:
(i) Valves.
(ii) Gauges.
(iii) Portable manufacturing units.
(iv) Pumps.
(v) Fittings.
(vi) Hoses.
(vii) Plumbing.
(viii) Metering devices.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 640 - Commercial Pesticide Bulk Storage › Section R. 285.640.2 - Storage facility registration

Current through Vol. 24-12, July 15, 2024
Rule 2.
(1) A person
				shall not operate a storage facility in Michigan until it is registered with
				the department. A registration application shall be submitted for each facility
				on forms provided by the department. The registration application shall
				disclose the physical location of the facility and its mailing address if
				different from that on the application.
Together with the registration application, a person shall
				  submit a discharge response plan in accordance with the provisions of R
				  285.640.15 and a site plan of the facility. 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 from the storage facility.
(ii) Approximate distance to, and identity
				of, lakes, streams, drainage ditches, or storm drains within 0.5 mile of the
				storage facility location.
(iii)
				Distance and direction to 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 for each tank, all of
				the following information:
(i) The
				construction material.
(ii) The
				capacity.
(iii) The
				diameter.
(iv) The
				height.
(v) The product
				stored.
(d) Secondary
				and operational area containment construction plans and the capacity of such
				containment areas in gallons.
(e)
				If synthetic liners or synthetic materials are used, containment structure
				manufacturer installation instructions and confirmation of compatibility with
				pesticides. If prefabricated basins are used, containment structure
				manufacturer confirmation of compatibility with pesticides 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 pesticide materials,
				rinsewater, and precipitation accumulation.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 640 - Commercial Pesticide Bulk Storage › Section R. 285.640.3 - Siting of storage facilities

Current through Vol. 24-12, July 15, 2024
Rule 3.
(1) The
				siting of a bulk pesticide storage facility shall comply with applicable local,
				state, and federal regulations.
(2)
				New bulk storage facilities and their respective containment areas shall be
				located as follows:
(a) Above a floodplain as
				defined in R 285.640.1(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 by the provisions of Act No. 399
				of the Public Acts of 1976, as amended, being S325.1001 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 by the
				provisions of Act No. 399 of the Public Acts of 1976, as amended, being
				S325.1001 et seq. of the Michigan Compiled Laws.
(e) A minimum of 150 feet from all other
				drinking water supplies that are not defined by the provisions of Act No. 399
				of the Public Acts of 1976, as amended, being S325.1001 et seq. of the Michigan
				Compiled Laws.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 640 - Commercial Pesticide Bulk Storage › Section R. 285.640.4 - Primary containment of bulk liquid pesticides

Current through Vol. 24-12, July 15, 2024
Rule 4.
(1) A
				storage container shall not be made of ferrous metals unless the container is
				made of stainless steel, the container has a protective lining which prevents
				corrosion and which does not react chemically with the stored pesticide, or the
				manufacturer of the stored pesticide has confirmed, in writing, to the
				department that corrosion tests have been conducted and storage in such unlined
				containers has been found to be satisfactory.
(2) Storage containers and appurtenances
				shall be constructed of materials that are resistant to corrosion, puncture,
				and cracking.
(3) Metals that are
				used for valves, fittings, and repairs on metal containers shall be 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) Storage containers
				and appurtenances shall be 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) Storage containers and appurtenances,
				including pipes, shall be protected against reasonably foreseeable risks of
				damage by trucks and other moving vehicles that are engaged in the handling of
				a bulk pesticide.
(6) All wetted
				parts inside shutoff valves and connections from the storage container to the
				shutoff valve shall be made of stainless steel or other material that is
				approved by the department. Minibulk pesticide containers that are in
				compliance with DOT-57 or MACA-75 specifications are exempt from the provisions
				of this subrule.
(7) Provision
				shall be made to prevent cross-contamination due to the use of common metering
				or plumbing devices.
(8) Storage
				containers shall not be filled to more than 95% of capacity unless any of the
				following provisions apply:
(a) The storage
				container construction or location provides constant temperature
				control.
(b) The storage container
				is a minibulk pesticide container.
(c) The storage container is otherwise
				designed to be filled to a capacity of more than 95% of its total volume
				according to the manufacturer's recommendations.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 640 - Commercial Pesticide Bulk Storage › Section R. 285.640.5 - Liquid level gauging devices

Current through Vol. 24-12, July 15, 2024
Rule 5.
(1) Every
				storage container shall be equipped with a liquid level gauging device that can
				readily and safely determine the level of liquid in the storage container. A
				liquid level gauging device is not required if the level of liquid in a storage
				container can be readily and reliably measured by other means.
(2) Liquid level gauging devices shall be
				secured to protect against breakage or vandalism.
(3) External sight gauges are
				prohibited.
(4) Facilities that are
				placed in service after the effective date of this rule shall immediately
				comply with this rule. Facilities that are in service before the effective date
				of this rule shall have 1 year to comply with this rule.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 640 - Commercial Pesticide Bulk Storage › Section R. 285.640.6 - Venting requirements

Current through Vol. 24-12, July 15, 2024
Rule 6.
(1) Each
				storage container that is used for bulk liquid pesticide shall be equipped with
				a vent that has a hood or an inverted opening.
(2) Conservation vents shall be used on
				containers that store products where loss of vapor affects product quality or
				where the vapor is harmful to plants, animals, or humans.
(3) Conservation vents shall open and close
				within the designed pressure limits of the storage container.
(4) Full compliance with the provisions of
				this rule is required 90 days after the effective date of this rule.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 640 - Commercial Pesticide Bulk Storage › Section R. 285.640.7 - Security requirements

Current through Vol. 24-12, July 15, 2024
Rule 7.
(1) Storage
				containers and appurtenances shall be secured to provide reasonable protection
				from wildlife, vandalism, and unauthorized access. Security shall be provided
				by fencing, lighting, locks, or other approved means.
(2) Appurtenances on storage containers shall
				be locked or otherwise secured, except when persons who are responsible for
				facility security are present at the facility.
(3) Valves on mobile containers which contain
				liquid pesticide and which are parked unattended at a storage facility shall be
				locked or secured, except when persons who are responsible for facility
				security are present at the facility.
(4) Every storage container connection,
				except a safety relief connection, shall be 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.
(5) For bulk storage containers that have
				pumps located at the top of the tank, a shutoff valve between the pump and the
				tank is not required only if a shutoff valve is located between the pump and
				the outlet.
(6) For multiple valves
				that are located on a single line, the valve closest to its container shall be
				locked or secured, except when persons who are responsible for facility
				security are present at the facility. For elephant rings, the last valve that
				is located within the containment area shall be locked or secured as stated in
				this rule.
(7) Valves on empty
				containers shall be closed.
(8)
				Minibulk pesticide containers that are in compliance with DOT-57 or MACA-75
				specifications are exempt from the valve requirements specified in subrules (4)
				and (5) of this rule.
(9) Full
				compliance with the provisions of this rule is required 180 days after the
				effective date of this rule.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 640 - Commercial Pesticide Bulk Storage › Section R. 285.640.8 - Secondary containment of bulk liquid pesticides

Current through Vol. 24-12, July 15, 2024
Rule 8.
(1) Primary
				storage containers of bulk pesticide shall be located within a diked
				containment area that is constructed with a base, perimeter wall, sloped floor,
				and watertight catch basin or sump. A containment area shall not have a relief
				outlet or discharge valve unless the requirements of subrule (8)(d) of this
				rule are met.
(2) Minibulk
				pesticide containers that are in compliance with DOT-57 or MACA-75
				specifications are exempt from secondary containment requirements. These
				minibulk containers shall be placed upon a paved impermeable surface.
(3) A container which is used solely for the
				premixing of use solutions, which has a maximum volume of 2,500 gallons, and
				which is in compliance with all of the following requirements shall be exempt
				from secondary containment requirements:
(a)
				The container shall be attended by facility personnel at all times when being
				used for mixing.
(b) The contents
				of the container shall be completely removed at least once every 24
				hours.
(c) The container shall be
				placed upon a paved impermeable surface.
(d) The container shall be in compliance with
				the requirements specified in R 285.640.4.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 640 - Commercial Pesticide Bulk Storage › Section R. 285.640.9 - Alternative to diking for storage containers

Current through Vol. 24-12, July 15, 2024
Rule 9.
(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) Both the primary storage container and
				the elephant ring shall be fabricated of material that is compatible with each
				other and with the pesticide that is being stored.
(3) The height of the elephant ring wall
				shall not be more than 4 feet.
(4)
				The volume that is contained within the secondary storage walls up to the
				working height of the elephant ring shall be 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)
				The elephant ring shall be free of leaks and structural defects. The base shall
				be protected from corrosion, both from inside and outside, and shall be
				underlaid with a concrete pad or with 8 inches of compacted gravel beneath 4
				inches of compacted sand or clay, or shall be protected as recommended by the
				manufacturer of the elephant ring and approved by the department.
(6) All piping connections to the primary
				storage container shall be made over the wall of the elephant ring and shall be
				adequately supported and braced. Pumps and other fixtures, if located within
				the elephant ring containment structure, shall be placed on an elevated
				platform or otherwise protected from water accumulation.
(7) Accumulations of storm water and other
				material shall be 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
				shall be disposed of in accordance with the provisions of R
				285.640.11(2).
(8) A maximum of 3
				elephant rings per bulk storage facility will be permitted.
(9) Full compliance with the provisions of
				this rule is required 1 year after the effective date of this rule.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 640 - Commercial Pesticide Bulk Storage › Section R. 285.640.10 - Operational area containment of liquid pesticides

Current through Vol. 24-12, July 15, 2024
Rule 10.
(1)
				Operational areas shall be curbed or sloped to allow the containment of
				accumulated liquids. The area shall be constructed of reinforced concrete or
				other suitable material approved by the department, to provide an impermeable
				surface. Operational area activities at the pesticide storage facility shall be
				carried out within this area.
(2)
				The operational area containment shall form or drain into a watertight catch
				basin or sump. The sump shall meet the requirements of R
				285.640.8(8).
(3) The operational
				area containment shall be constructed and reinforced to handle at least the
				foreseeable maximum gross load, including all of the following:
(a) Product.
(b) Equipment that utilizes the operational
				area.
(c) Mobile
				containers.
(d) Motor
				vehicles.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 640 - Commercial Pesticide Bulk Storage › Section R. 285.640.11 - Containment area management and operation

Current through Vol. 24-12, July 15, 2024
Rule 11.
(1)
				Accumulated precipitation, spills, or leaks within diked or sloped containment
				areas shall be managed as follows:
(a)
				Accumulated liquids shall be removed by a manually activated pump.
(b) Accumulated liquids in the sump and
				containment area shall be removed within 72 hours of accumulation.
(c) Recovered pesticide, washwater, rinsate,
				or accumulated liquids shall be utilized in accordance with the provisions of
				subrule (2) of this rule.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 640 - Commercial Pesticide Bulk Storage › Section R. 285.640.12 - Abandoned containers

Current through Vol. 24-12, July 15, 2024
Rule 12.
(1) Storage
				containers and other containers that are used at a storage facility to hold
				bulk pesticide or pesticide 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 2years.
(2) Abandoned underground containers,
				including abandoned underground catch basins, shall be thoroughly cleaned by
				triple rinsing, or the equivalent, and removed from the ground or thoroughly
				cleaned and filled with an inert solid. All connections and vents shall be
				disconnected and sealed. A record of the catch basin size, location, and method
				of closing shall be maintained at the storage facility or as otherwise provided
				for in this rule.
(3) Abandoned
				aboveground containers shall be thoroughly cleaned by triple rinsing or the
				equivalent. All valves and connections on the containers shall be removed and
				the openings shall be sealed.
(4) A
				secondary containment facility is not considered abandoned merely because there
				have been no spills in the secondary containment area.
(5) Full compliance with the provisions of
				this rule is required 90 days after the effective date of this rule.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 640 - Commercial Pesticide Bulk Storage › Section R. 285.640.13 - Site closure and discontinuation of operation

Current through Vol. 24-12, July 15, 2024
Rule 13.
(1) When a
				bulk pesticide storage facility is closed or operations are discontinued, all
				of the following provisions shall be complied with:
(a) All pesticides, rinsates, washwaters, and
				other materials that contain pesticides shall be removed from the facility site
				and utilized for the original intended purpose of the product or disposed of in
				a manner approved by the department.
(b) The storage containers at the facility
				shall be thoroughly cleaned by triple rinsing or the equivalent. All valves and
				connections on containers shall be removed and the openings shall be
				sealed.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 640 - Commercial Pesticide Bulk Storage › Section R. 285.640.14 - Storage of bulk dry pesticides

Current through Vol. 24-12, July 15, 2024
Rule 14.
(1) Dry
				pesticide materials shall be stored in storage containers that are effectively
				designed and constructed to hold bulk dry pesticide and shall be compatible
				with the stored pesticide. Storage containers shall be constructed of materials
				that are resistant to corrosion, puncture, and cracking and shall be maintained
				in a good state of repair.
(2) Bulk
				dry pesticide storage containers that are held outdoors shall be placed on
				pallets or on a raised concrete platform that is drained to prevent the
				accumulation of water in or under the pesticide.
(3) Except during loading or unloading,
				stored bulk dry pesticide shall be covered by a roof or tarpaulin to keep
				precipitation off the pesticide.
(4) All loading, unloading, mixing, and
				handling of dry pesticide at the storage facility shall be conducted on a paved
				impermeable surface of a size and design that will contain the pesticide and
				allow for the collection of spilled material to be recycled, applied at labeled
				rates, or disposed of in a manner approved by the department.
(5) Storage facilities shall be secured
				against the entry of unauthorized persons or wildlife.
(6) Full compliance with the provisions of
				this rule is required 90 days after the effective date of this rule.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 640 - Commercial Pesticide Bulk Storage › Section R. 285.640.15 - Discharge response plan

Current through Vol. 24-12, July 15, 2024
Rule 15.
(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 shall be contacted in the event of a
				discharge, including the persons who are responsible for the stored
				pesticide.
(b) For each bulk
				pesticide 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
				the provisions of Act No. 171 of the Public Acts of 1976, as amended, being
				S286.551 et seq. of the Michigan Compiled Laws, to accompany the sale of the
				pesticide.
(c) An identification,
				by location, of every bulk storage container that is located at the bulk
				storage facility, together with the type of pesticide it contains. The plan
				need not include the specific location of each storage container of minibulk
				pesticide if the plan includes the general location within the facility where
				storage containers of minibulk pesticide are held.
(d) For each type of pesticide 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.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 640 - Commercial Pesticide Bulk Storage › Section R. 285.640.16 - Inspection and maintenance requirements

Current through Vol. 24-12, July 15, 2024
Rule 16.
(1) An
				operator of a storage facility shall maintain all of the following so as to
				minimize the risk of a discharge:
(a) Storage
				facilities.
(b) Secondary
				containment areas.
(c) Operational
				areas.
(d) Storage
				containers.
(e)
				Appurtenances.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 640 - Commercial Pesticide Bulk Storage › Section R. 285.640.17 - Recordkeeping requirements

Current through Vol. 24-12, July 15, 2024
Rule 17.
(1) All of
				the following records shall be prepared and maintained on file 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,
				including all of the following information:
(i) The date and time of the discharge or
				spill.
(ii) The type and volume of
				the liquid bulk pesticide or dry bulk pesticide involved.
(iii) The cause and any action taken to
				control or recover the discharge or spill.
(iv) The method of use or disposal of any
				recovered materials. This record shall be completed on the day the discharge or
				spill is discovered and shall be promptly updated to show measures taken to
				control, recover, use, or dispose of the recovered materials.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 640 - Commercial Pesticide Bulk Storage › Section R. 285.640.18 - Remediation actions

Current through Vol. 24-12, July 15, 2024
Rule 18.
(1) If a
				discharge to the environment is reported or, if as a result of observation or
				laboratory analysis by a state or federal agency, it is determined that a
				discharge to the environment has occurred, an operator shall comply with all of
				the following provisions:
(a) Remove
				contaminated materials from the site, determine the concentration of pesticide,
				and field-apply at or below labeled rates or properly dispose of the
				contaminated materials according to the department of natural resources
				directives.
(b) Submit a revised
				facility site plan to the department within 90 days after being notified of a
				discharge to the environment. This revised site plan shall indicate the changes
				proposed to prevent further discharges to the environment and be reviewed and
				approved by any state or federal agency deemed necessary by the department.
				Following approval by the department, the facility operator shall implement the
				changes that are designated in the revised site plan in a time period as
				specified by the department.
(c) If
				the facility operator decides to close the facility as a result of a
				contamination notification, the facility shall be closed in accordance with the
				provisions of R 285.640.13.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 640 - Commercial Pesticide Bulk Storage › Section R. 285.640.19 - Advisory information

Current through Vol. 24-12, July 15, 2024
Rule 19.
(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 flammable and combustible liquids:
(a) A person who stores, or who is
				considering the storage of, bulk pesticides is advised that a number of
				commonly used pesticides are classified as combustible liquids. Act No. 207 of
				the Public Acts of 1941, as amended, being S29.1 et seq. of the Michigan
				Compiled Laws, defines "combustible liquids" as liquids that have a flash point
				at or above 100 degrees Fahrenheit and below 200 degrees Fahrenheit.
				Regulations covering the transportation and storage of these liquids have been
				promulgated by the state fire safety board. The degree of regulation regarding
				bulk storage of these hazardous liquids depends primarily upon the volume of
				the storage container and its location with respect to other sources of
				combustion. These regulations apply to all of the following areas:
(i) Tank construction.
(ii) Supports.
(iii) Location.
(iv) Spacing.
(v) Diking.
(vi) Venting.
(vii) Valves.
(viii) Piping.
(ix) Back flow protection.
(x) Pumps.
(xi) Loading and unloading
				facilities.
(xii)
				Labeling.
(xiii) Equipment
				maintenance.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 641 - Commercial Fertilizer Bulk Storage › Section R. 285.641.2 - Storage facility registration

Current through Vol. 24-12, July 15, 2024
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.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 641 - Commercial Fertilizer Bulk Storage › Section R. 285.641.3 - Siting of storage facilities

Current through Vol. 24-12, July 15, 2024
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 §
										325.1001et 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 §
										325.1001et 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 §
										325.1001et seq. of
				the Michigan Compiled Laws.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 641 - Commercial Fertilizer Bulk Storage › Section R. 285.641.5 - Liquid level-gauging devices

Current through Vol. 24-12, July 15, 2024
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.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 641 - Commercial Fertilizer Bulk Storage › Section R. 285.641.6 - Security requirements

Current through Vol. 24-12, July 15, 2024
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.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 641 - Commercial Fertilizer Bulk Storage › Section R. 285.641.7 - Secondary containment of bulk liquid fertilizer

Current through Vol. 24-12, July 15, 2024
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.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 641 - Commercial Fertilizer Bulk Storage › Section R. 285.641.8 - Alternative to diking for storage containers

Current through Vol. 24-12, July 15, 2024
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.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 641 - Commercial Fertilizer Bulk Storage › Section R. 285.641.9 - Operational area containment of liquid fertilizer

Current through Vol. 24-12, July 15, 2024
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.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 641 - Commercial Fertilizer Bulk Storage › Section R. 285.641.9a - Alternative to diking for large storage tanks

Current through Vol. 24-12, July 15, 2024
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.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 641 - Commercial Fertilizer Bulk Storage › Section R. 285.641.10 - Containment area management and operation

Current through Vol. 24-12, July 15, 2024
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.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 641 - Commercial Fertilizer Bulk Storage › Section R. 285.641.11 - Abandoned containers

Current through Vol. 24-12, July 15, 2024
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.
Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 641 - Commercial Fertilizer Bulk Storage › Section R. 285.641.12 - Site closure and discontinuation of operation

Current through Vol. 24-12, July 15, 2024
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.