Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 22 - GROUNDWATER QUALITY › Section R. 323.2228 - Initial response

Current through Vol. 24-12, July 15, 2024
Rule 2228.
(1) A
				  discharger who is required by R 323.2222(5)(b)(i) or (c)(ii) to take initial
				  response shall do all of the following:
(a)
				  Confirm the initial sampling result and notify the department as described in R
				  323.2227(1)(a) and (b).
(b) Within
				  60 calendar days of determining that initial response is required, submit a
				  report that includes all of the following:
(i)
				  Results of confirmation sampling.
(ii) An evaluation of the cause for the need
				  for initial response.
(iii) A plan
				  detailing steps to be taken to reduce the concentration of the substance in the
				  effluent or groundwater below the concentration necessary for initial response.
				  The plan shall include a schedule that is the shortest time practicable, but
				  not more than 1 year, for achieving the reduction. If, based on groundwater
				  velocity, the effect of actions to be taken in the plan will not be measurable
				  in groundwater within 1 year, then the plan shall correlate groundwater
				  concentrations of the substance of concern with effluent concentrations and be
				  designed to achieve necessary reductions in effluent concentrations within as
				  short a time as practical, but not more than 1 year.
(c) Within 15 calendar days of submitting the
				  plan required in subdivision (b)(iii) of this subrule, implement the plan
				  taking into account any comments by the department.
(d) Complete the plan described in
				  subdivision (b)(iii) of this subrule, in the time described in that
				  subdivision, unless either of the following occurs:
(i) The discharger demonstrates, to the
				  satisfaction of the department, that the concentration of the substance has
				  fallen and will remain below the level necessary for initial response because
				  of steps already taken. If the demonstration satisfies the department, then the
				  discharger need not take any additional steps identified in the plan to reduce
				  concentrations of the substance.
(ii) The concentration of the substance
				  exceeds the limit described in R 323.2222(5)(b)(ii) or (c)(i), in which case
				  the discharger shall comply with R 323.2227.
(e) If initial response is still necessary at
				  the completion of the plan described in subdivision (b)(iii) of this subrule,
				  describe in a second plan further steps to reduce the concentration of the
				  substance below the level at which initial response is necessary. Development
				  and implementation of the plan shall conform with subdivisions (b)(iii), (c),
				  and (d) of this subrule.
(f) If the
				  initial response is not successful as specified in subrule (2) of this rule,
				  undertake the following activities as required by the department:
(i) If the discharge is in a designated
				  wellhead protection area, assess the effects of the discharge on the public
				  water supply system.
(ii) Review
				  the operational or treatment procedures, or both, at the facility.
(iii) Revise the operational procedures at
				  the facility.
(iv) Change the
				  design or construction of the wastewater operations at the facility.
(v) Initiate an alternative method of waste
				  treatment or disposal.
(vi) Reduce
				  or eliminate use of the substance.