Michigan Administrative Code › Department - Environmental Quality › Remediation and Redevelopment Division › Part 10. Compliance with Section 20107a of Act › Part 10 - COMPLIANCE WITH SECTION 20107a OF ACT › Section R. 299.51017 - Notice to department and to affected adjacent property owners of contamination migrating beyond boundaries of property owned or operated by person subject to section 20107a of act; special provisions for notice by permittees under part 615 of act and by easement holders

Current through Vol. 24-12, July 15, 2024
Rule 1017.
(1) A
				  person who is subject to section 20107a of the act and who has reason to
				  believe that a hazardous substance is emanating from, or has emanated from, and
				  is present beyond his or her property boundaries at a concentration in excess
				  of criteria developed by the department under section 20120a(1)(a) of the act
				  shall provide notice to the department and to the owner of the affected
				  adjacent property as required in subrules (4) and (5) of this rule, except that
				  subrules (4) and (5) shall not apply for permitted releases. The notices
				  required by this subrule shall also be made if hazardous substances emanating
				  from his or her property enter surface waters of the state on or adjacent to
				  the property in concentrations that exceed generic GSI criteria established
				  under R 299.5716. The requirement to notify the department and the affected
				  adjacent property owner shall be based on reasonable inferences that can be
				  made from available data about the facility, including, but not limited to,
				  data gathered through investigation undertaken to comply with section
				  20114(1)(a) of the act.
(2) A
				  person who holds a permit for an oil and gas well under part 615 of the act and
				  is subject to section 20107a of the act, shall provide the notice required by
				  this rule to the department and to owner of the surface rights of the property
				  if a release from the oil and gas exploration or production activities results
				  in hazardous substance concentrations in excess of criteria developed by the
				  department under section 20120a(1)(a) or (17) of the act on property where the
				  well or related surface activity exists. This notice is required in addition to
				  the migration notice required by subrule (1) of this rule, if
				  applicable.
(3) A person who holds
				  an easement and is subject to section 20107a of the act, shall provide notice,
				  as called for in subrule (1) of this rule, to the department and to the grantor
				  of the easement, or the grantor's successor in interest, if any, if there is a
				  release from the easement holder's activities that results in hazardous
				  substance concentrations in excess of criteria developed by the department
				  under section 20120a(1)(a) or (17) of the act on property where the easement
				  exists. Such notice shall be in addition to the notice required by subrule (1)
				  of this rule, if applicable to the release in question.
(4) A person shall provide the notice
				  required by subrule (1) of this rule to the department and to the affected
				  adjacent property owner, in writing, within the following time frames:
(a) Except as provided in subdivision (c) of
				  this subrule, with regard to conditions that were not known to the owner or
				  operator before March 11, 1999, notice shall be provided within 45 days after
				  the owner or operator has reason to believe that hazardous substances have
				  migrated, or are likely to have migrated, beyond the property
				  boundary.
(b) Except as provided in
				  R 299.51021 and subdivision (c) of this subrule, with regard to conditions that
				  were known to the owner or operator before March 11, 1999, notice shall have
				  been provided by June 9, 1999.
(c)
				  If a person is required to provide additional notice as a result of these
				  amendatory rules, then the additional notice shall be made and included in the
				  documentation of compliance required by R 299.51003(5) not later than 9 months
				  after the effective date of these amendatory rules.