Section R. 285.640.19 - Advisory informationRule 19.
(1) The information specified in this rule is offered by the department with respect to other state agencies and their policies and regulations that may have an impact on bulk storage facilities.(2) All the following provisions apply to flammable and combustible liquids: (a) A person who stores, or who is considering the storage of, bulk pesticides is advised that a number of commonly used pesticides are classified as combustible liquids. Act No. 207 of the Public Acts of 1941, as amended, being S29.1 et seq. of the Michigan Compiled Laws, defines "combustible liquids" as liquids that have a flash point at or above 100 degrees Fahrenheit and below 200 degrees Fahrenheit. Regulations covering the transportation and storage of these liquids have been promulgated by the state fire safety board. The degree of regulation regarding bulk storage of these hazardous liquids depends primarily upon the volume of the storage container and its location with respect to other sources of combustion. These regulations apply to all of the following areas: (ix) Back flow protection.(xi) Loading and unloading facilities.(xiii) Equipment maintenance.(b) Copies of the rules that apply to the storage of flammable and combustible liquids, as well as additional information, are available from the State Fire Safety Board, Fire Marshal Division, 3705 West Jolly Road, Lansing, Michigan 48911.(c) A list of pesticides that are classified as combustible liquids is available from the Michigan Department of Agriculture, Pesticide and Plant Pest Management Division, P.O. Box 30017, Lansing, Michigan 48909.(3) All the following provisions apply to discharge, spill, or release reporting and remediation: (a) A person who operates a bulk storage facility is advised that discharges, spills, or releases of bulk pesticide to the environment in a manner inconsistent with the label directions may have reporting or remedial action obligations to the department of natural resources.(b) Act No. 245 of the Public Acts of 1929, as amended, being S323.1 et seq. of the Michigan Compiled Laws, and known as the water resources commission act, regulates discharges or potential discharges into waters of the state, including groundwater. Copies of this act and other pertinent rules are available from the Michigan Department of Natural Resources, Waste Management Division, P.O. Box 30241, Lansing, Michigan 48909.(c) Act No. 307 of the Public Acts of 1982, as amended, being S299.601 et seq. of the Michigan Compiled Laws, and known as the environmental response act, identifies, prioritizes, provides response activities for, and sets cleanup standards for, environmental contamination sites. Copies of this act and other pertinent rules are available from the Michigan Department of Natural Resources, Environmental Response Division, P.O. Box 30028, Lansing, Michigan 48909.(4) Both of the following provisions apply to the disposal of certain pesticides: (a) A person who operates a bulk storage facility is advised that the disposal of pesticides may be regulated by the department of natural resources.(b) Act No. 64 of the Public Acts of 1979, as amended, being S299.501 et seq. of the Michigan Compiled Laws, and known as the hazardous waste management act, regulates the generation, transportation, storage, and disposal of hazardous wastes. Copies of this act and other pertinent rules are available from the Michigan Department of Natural Resources, Waste Management Division, P.O. Box 30241, Lansing, Michigan 48909.(5) All the following provisions apply to the pollution incident prevention plan (PIPP) requirements:(a) A person who operates a bulk storage facility is advised that the department of natural resources may require the submittal of a plan of loss prevention and recovery depending upon the type of material being processed or stored.(b) The registration application, discharge response plan, and facility site plans required by the provisions of R 285.640.2 may be submitted as a PIPP plan to the department of natural resources. The department of natural resources may determine that this information meets all, or only a portion of, the requirements for the PIPP plans.(c) The provisions of R 323.1151 to R 323.1169 of the water resources commission promulgated pursuant to Act No. 245 of the Public Acts of 1929, as amended, being S323.1 et seq. of the Michigan Compiled Laws, require that a pollution incident prevention plan be submitted for approval to the district office of the department of natural resources, waste management division. Copies of this act, other pertinent rules, district office locations, and requirements for the PIPP plans are available from the Michigan Department of Natural Resources, Waste Management Division, P.O. Box 30241, Lansing, Michigan 48909.(6) Both of the following provisions apply to bulk storage facility designs:(a) A person who operates a bulk storage facility is advised that the department, upon issuing a facility registration, is not liable for the structural integrity of the storage facility.(b) A licensed professional engineer should be consulted with for designs and construction specifications for the modification or construction of a bulk storage facility to meet the provisions and requirements of these rules.Mich. Admin. Code R. 285.640.19