Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 22 - GROUNDWATER QUALITY › Section R. 323.2226 - Cessation of discharge-related activities

Current through Vol. 24-12, July 15, 2024
Rule 2226.
(1) A
				  discharger who has eliminated all or any portion of a discharge area or
				  treatment system or intends to eliminate a discharge area or treatment system
				  shall comply with subrules (2) to (4) of this rule. The department may waive
				  the requirements of subrules (2) and (4) of this rule upon written request by a
				  discharger who intends to temporarily cease the use of a discharge area or
				  treatment system for longer than 9 months.
(2) A discharger shall eliminate all physical
				  threats associated with discharge-related facilities not later than 5 calendar
				  days after use of the facility has ceased.
(3) A discharger shall comply with part 201,
				  if applicable, or part 213, if applicable.
(4) If a discharge is authorized under R
				  323.2218 or involves the use of a lagoon, including a discharge authorized
				  before the effective date of these rules, then a discharger shall close the
				  facility as follows, unless otherwise authorized by the department:
(a) Not less than 75 calendar days before the
				  cessation of discharge- related activities, a discharger shall representatively
				  characterize the wastewater, soils, sediments, and sludges in the following
				  manner:
(i) A discharger shall
				  representatively characterize the wastewater according to R 323.2220.
(ii) A discharger shall conduct a totals
				  analysis for substances that may be present, given the nature of the discharge,
				  on representative samples of soils affected by the discharge and representative
				  samples of sediment and sludges associated with the discharge. The totals
				  analysis shall be according to procedures described in R 323.2220(3). Samples
				  shall be selected using procedures determined by the department.
(iii) If the totals analysis for a substance
				  is more than 20 times the toxicity characteristic regulatory level under part
				  111, then a discharger shall conduct a toxicity characteristic leaching
				  procedure according to EPA method 1311 on representative samples of the soils,
				  sediments, and sludges, as appropriate. EPA method 1311 is found in the EPA
				  document entitled "Test Methods for the Evaluation of Solid Waste,
				  Physical-Chemical Methods," SW-846, 3rd Edition, September 1986, as updated
				  through the effective date of these rules. EPA method 1311 is adopted in these
				  rules by reference and is available for inspection at the Lansing office of the
				  department of environmental quality, waste management division. EPA document
				  SW-846 and updates may be purchased from the United States Government Printing
				  Office, Superintendent of Documents, P.O. Box 371954, Pittsburgh, Pennsylvania
				  15250-7954, or the Michigan Department of Environmental Quality, Waste
				  Management Division, P.O. Box 30241, Lansing, Michigan 48909, at a cost at the
				  time of adoption of these rules of $319.00, plus shipping and
				  handling.