Michigan Administrative Code › Department - Environmental Quality › Oil, Gas & Minerals Division › Oil and Gas Operations › Part 10 - WELL SITES AND SURFACE FACILITIES; PREVENTION OF FIRES, POLLUTION, AND DANGER TO, OR DESTRUCTION OF, PROPERTY OR LIFE › Section R. 324.1015 - Nuisance noise; "decibel," "decibels on the a-weighted network," "noise-sensitive area," and "nuisance noise" defined

Current through Vol. 24-12, July 15, 2024
Rule 1015.
(1) A
				  person shall not cause a nuisance noise in the production, handling, or use of
				  oil, gas, or brine or in the handling of any product associated with the
				  production or use of oil, gas, or brine.
(2) If the supervisor or authorized
				  representative of the supervisor receives 1 or more complaints of noise heard
				  by the complainant at noise-sensitive areas that is attributed to a surface
				  facility, then the supervisor may require the permittee to collect decibel
				  readings to determine the sound levels at the noise-sensitive areas and at a
				  distance of 1,320 feet from the facility. If the sound level of the facility is
				  more than 45 decibels on the a-weighted network at a distance of 1,320 feet
				  from the facility, then the supervisor or authorized representative of the
				  supervisor may find that a nuisance noise exists after considering all
				  applicable information, including the distance between the surface facility and
				  the noise-sensitive areas, the sound levels at the noise-sensitive areas, and
				  sound attributable to sources other than the surface facility. The supervisor
				  or authorized representative of the supervisor may require appropriate noise
				  control measures to reduce the decibel levels. If noise control measures are
				  required, then the permittee shall submit, to the supervisor or authorized
				  representative of the supervisor, for approval, an abatement plan and schedule
				  for implementation within 30 days of a determination by the supervisor or
				  authorized representative of the supervisor that noise control measures are
				  necessary.
(3) As used in this
				  rule:
(a) "Decibel" means a unit of sound
				  level on a logarithmic scale measured relative to the threshold of audible
				  sound by the human ear in compliance with the ANSI standard 1.1, entitled
				  "Acoustical Terminology," 1994 edition, which is adopted by reference in these
				  rules. Copies of the standard are available for inspection at the Lansing
				  office of the office of oil, gas, and minerals of the department of
				  environmental quality. Copies may be obtained from the Michigan Department of
				  Environmental Quality, Office of Oil, Gas, and Minerals, P.O. Box 30256,
				  Lansing, Michigan 48909, at a cost as of the time of adoption of these rules of
				  $100.00 each, and from the American National Standards Institute, 11 West 42nd
				  Street, New York, NY 10036, at a cost as of the time of adoption of these rules
				  of $100.00 each.
(b) "Decibels on
				  the a-weighted network" means decibels measured on the a-weighted network of a
				  sound level meter, as specified in the ANSI standard 1.4, entitled
				  "Specifications for Sound Level Meters," 1983 edition, which is adopted by
				  reference in these rules. Copies of the standard are available for inspection
				  at the Lansing office of the office of oil, gas, and minerals of the department
				  of environmental quality. Copies may be obtained from the Michigan Department
				  of Environmental Quality, Office of Oil, Gas, and Minerals, P.O. Box 30256,
				  Lansing, Michigan 48909, at a cost as of the time of adoption of these rules of
				  $70.00 each, and from the American National Standards Institute, 11 West 42nd
				  Street, New York, NY 10036, at a cost as of the time of adoption of these rules
				  of $70.00 each.
(c)
				  "Noise-sensitive area" means a residential dwelling, place of worship, school,
				  or a hospital and also means an existing site that is maintained for public
				  recreation for which quiet is a primary consideration in the use of the
				  site.
(d) "Nuisance noise" means
				  any noise from a well or its associated surface facilities that causes
				  injurious effects to human health or safety or the unreasonable interference
				  with the comfortable enjoyment of life or property.