Rule 31. Section 280.52 is amended to read as follows:
Section 280.52. Unless corrective action is initiated in accordance with subpart F of these rules and part 213 of 1994 PA 451, MCL 324.21301a to 324.21334, owners and operators shall immediately investigate and confirm all suspected releases of regulated substances requiring reporting under section 280.50, within 7 days or within another reasonable time period specified by the implementing agency, using either of the following steps or another procedure approved by the department:
(a) System test. Owners and operators shall conduct tests, according to the requirements for tightness testing in sections 280.43(c) and 280.44(b), or as appropriate, secondary containment testing described in subsection 280.33(d).(1) The test shall determine whether a leak exists in the portion of the UST system that routinely contains product, or the attached delivery piping, or if a breach of either wall of the secondary containment has occurred.(2) If the system test confirms a leak into the interstice or a release, owners and operators shall repair, replace, upgrade, or close the UST system. In addition, owners and operators shall begin corrective action in accordance with the provisions of subpart F of these rules and part 213 of 1994 PA 451, MCL 324.21301a to 324.21334, if the test results for the UST system, tank, or delivery piping, indicate that a leak exists.(3) Further investigation is not required if the test results for the UST system, tank, and delivery piping, do not indicate that a leak exists and if environmental contamination is not the basis for suspecting a release.(4) Owners and operators shall conduct a site check as described in subdivision (b) of this section if the test results for the UST system, tank and delivery piping, do not indicate that a leak exists, but environmental contamination is the basis for suspecting a release.(b) Site check. Owners and operators shall measure for the presence of a release where contamination is most likely to be present at the UST site. In selecting samples types, sample locations, and measurement methods, owners and operators shall consider the nature of the stored substance, the type of initial alarm or cause for suspicion, the type of backfill, the depth of groundwater, and other factors appropriate for identifying the presence and source of the release. If the test results for the excavation zone or the UST site indicate that a release has occurred, O/Os shall begin corrective action in accordance with subpart F of these rules and part 213 of 1994 PA 451, MCL 324.21301a to 324.21334. If the test results for the excavation zone or the UST site do not indicate that a release has occurred, then further investigation is not required.Mich. Admin. Code R. 29.2131
1998-2000 AACS; 2018 MR 21, Eff. 11/14/2018