Administrative Rules for
PART 201 ENVIRONMENTAL REMEDIATION
of the Natural Resources and Environmental Protection Act 1994 PA 451, as amended

Chapter Contents

Cover Page
Environmental Contamination Response Activity
Part 1. General Provisions
     R 299.5101 Definitions; A To L.
     R 299.5103 Definitions; M To V.
     R 299.5105 Terms Defined In The Act; Rules Referred To In The Act.
     R 299.5107 Applicability; Authority Of Department To Act Under Other Statutes Not Limited By Rules.
      R 299.5109 Compliance With Other Environmental Statutes And Rules Required; Storage, Treatment, And Disposal Facility Utilization.
     R 299.5111 Construction Of Rules.
      R 299.5113 Identification Of Persons Who Are Liable.
     R 299.5115 Notice To Persons Who Are Liable.
     R 299.5117 Reportable Quantities Applicable To Section 20114(1)(B) And (3) Of Act.
Part 2. Site Identification And Tracking
     R 299.5201 Rescinded.
     R 299.5203 Rescinded.
     R 299.5205 Rescinded.
     R 299.5207 Rescinded.
     R 299.5209 Notice That Site Is Proposed To Be Added To Site List.
     R 299.5210 Response To Department Notice Of Intent To Include Site On List.
     R 299.5211 Inclusion Of Sites On Site List; Criteria.
     R 299.5213 Status Description In Site List.
     R 299.5215 Rescinded.
     R 299.5217 Review Of Site Information.
     R 299.5219 Revised Site Scores.
Part 3. Funding
     R 299.5301 Rescinded.
     R 299.5303 Rescinded.
     R 299.5305 Rescinded.
Part 4. Alternate Water Service
     R 299.5401 Definitions.
     R 299.5403 Department Approval Of Permanent Alternate Water Supply As An Alternate Water Service; Limitations On Use Of Public Funds.
     R 299.5405 Conditions For Provision Of Alternate Water Service.
     R 299.5407 Use Of Public Funds To Address Contamination Of Local Government-Owned Type I Water Supplies.
     R 299.5409 Service Area Boundaries; Establishment.
     R 299.5411 Responsibilities Of Local Governing Entity.
     R 299.5413 Distribution Of Public Funds For Alternate Water Supply System; Lowest Cost Alternative.
     R 299.5415 Notice To Property Owners In Area To Be Served By Public Water Supply System Or Extension.
Part 5. Response Activities
     R 299.5501 Rescinded.
     R 299.5503 Rescinded.
     R 299.5505 Rescinded.
     R 299.5507 Rescinded.
     R 299.5509 Rescinded.
     R 299.5511 Rescinded.
     R 299.5513 Rescinded.
     R 299.5515 Rescinded.
     R 299.5517 Rescinded.
     R 299.5519 Rescinded.
     R 299.5520 Objective; Response Activities Generally; Affirmative Obligations; Requirement To Diligently Pursue; Access; Penalties; Loss Of Complete Status; Cost Recovery.
     R 299.5522 Notice To Department And Neighboring Property Owners; Special Conditions For Notice Required Of Permittees Under Part 615 Of The Act And By Easement Holders; Community Outreach.
     R 299.5524 Land Or Resource Use Restrictions; Disclosure Under Section 20116 Of Act Of Continuing Obligations.
     R 299.5526 Scope And Applicability Of Interim Response Activities Generally; Specific Requirements For Persons Subject To Section 20114 Of Act; Documentation Requirements; Department Approval Required.
     R 299.5528 Purpose And Scope Of Remedial Investigation Generally; Certain Facility Characterization Distinguished; Department Approval.
     R 299.5530 Feasibility Study; Department Approval.
     R 299.5532 Remedial Action Plan; Required Documentation; Approval Of Cleanup Category; Department Approval Required For Certain Remedial Action Elements.
     R 299.5534 Unremediated Release Defined; Affidavit; Additional Response Activity Required; Penalties.
     R 299.5536 Scope Of Remedial Action Plans Generally; Provisions In Administrative Agreements Dependent On Degree Of Cleanup Achieved By Remedial Action.
     R 299.5538 Operation And Maintenance; Department Approval.
     R 299.5540 Monitoring; Department Approval.
     R 299.5542 Relocation Of Soil; Notification Of Department Under Section 20120c Of The Act.
Part 6. Selection Of Remedial Action
     R 299.5601 Degree Of Cleanup; Compliance With State And Federal Requirements; Cost.
     R 299.5603 Evaluation Of Remedial Action Alternatives.
     R 299.5605 Rescinded.
     R 299.5607 Administrative Record.
Part 7. Cleanup Criteria Requirements For Remedial Actions And Interim Response Activity Designed To Meet Criteria
     R 299.5701 Definitions; A To I.
     R 299.5703 Definitions; L To W.
     R 299.5705 Remedial Actions; Protection Of Public Health, Safety, Welfare, And Environment Required; Part 7 Rules Applicable To Interim Response Actions Designed To Meet Cleanup Criteria; Degree Of Cleanup; Modification Of Cleanup Category; Aquifers; Unacceptability Of Remedial Action Plan.
     R 299.5706 General Requirements For Application Of Cleanup Criteria.
     R 299.5706a Generic Cleanup Criteria; Toxicological And Chemical-Physical Properties; Use Of Generic Cleanup Criteria As Risk Based Screening Levels; Procedure For Developing Additional Generic Criteria.
     R 299.5707 Background Concentrations And Target Detection Limits As Cleanup Criteria.
     R 299.5708 Groundwater Cleanup Criteria Generally.
     R 299.5709 Calculation Of Generic Cleanup Criteria For Groundwater In An Aquifer Based On Adverse Aesthetic Impacts.
     R 299.5710 Generic Cleanup Criteria For Groundwater In An Aquifer Based On Ingestion Of Groundwater For Drinking Water.
     R 299.5711 Rescinded.
     R 299.5712 Generic Cleanup Criteria For Groundwater Based On Human Dermal Contact With Groundwater.
     R 299.5713 Rescinded.
     R 299.5714 Generic Cleanup Criteria For Groundwater Based On Hazardous Substance Vapors Emanating From Groundwater To Indoor Air.
     R 299.5715 Rescinded.
     R 299.5716 Cleanup Criteria For Groundwater Based On Protection Of Surface Water Resources From Hazardous Substances In Venting Groundwater.
     R 299.5717 Rescinded.
     R 299.5718 Cleanup Criteria For Soil Generally.
     R 299.5719 Rescinded.
     R 299.5720 Generic Cleanup Criteria For Soil Based On Direct Contact.
     R 299.5721 Rescinded.
     R 299.5722 Generic Cleanup Criteria For Soil Based On Leaching Of Hazardous Substances Into Groundwater.
     R 299.5723 Rescinded.
     R 299.5724 Generic Cleanup Criteria For Soil Based On Indoor Inhalation Of Hazardous Substance Vapors Volatilized From Soil.
     R 299.5725 Rescinded.
     R 299.5726 Generic Cleanup Criteria For Soil Based On Inhalation Of Hazardous Substances In Ambient Air.
     R 299.5727 Rescinded.
     R 299.5728 Cleanup Criteria For Contaminated Environmental Media Based On Other Injury Which Requires Consideration.
     R 299.5730 Cleanup Criteria For Surface Water And Surface Water Sediments.
     R 299.5732 Limited Category And Site-Specific Cleanup Criteria Generally; Use Of Occupational Health Standards As Limited Or Site-Specific Cleanup Criteria Under Section 20120a Of The Act.
     R 299.5734 Special Considerations For Risk Assessment And Development Of Cleanup Criteria For Certain Substances.
     R 299.5736 Minimum Toxicity Data For Calculation Of Criteria Based On Noncarcinogenic Endpoints.
     R 299.5738 Determination Of Cancer Slope Factors For Use In Calculation Of Criteria Based On Carcinogenic Endpoints.
     R 299.5740 Availability Of Information Used By Department To Establish Cleanup Criteria; Public Review And Comment On Revised Criteria.
     R 299.5742 Evaluation Of Data To Establish Compliance With Criteria.
Part 8. Site Assessment Model
     R 299.5801 Definitions; A To I.
     R 299.5803 Definitions; M To W.
     R 299.5805 Site Assessment Model.
     R 299.5807 Scoring Procedure.
     R 299.5809 Environmental Contamination Category.
     R 299.5811 Mobility Rating.
     R 299.5813 Sensitive Environmental Resource Category.
     R 299.5815 Population Category.
     R 299.5817 Institutional Population.
     R 299.5819 Chemical Hazard Category.
     R 299.5821 Site Score.
     R 299.5823 Procedure For Changing Numerical Risk Assessment Model.
Part 9. Baseline Environmental Assessments
     R 299.5901 Definitions.
     R 299.5903 Use Of Evaluation Of Environmental Conditions As BEA For Certain Property; Property Description; Establishing Basis To Distinguish Existing Contamination From New Release; Determination Of Significant Hazardous Substance Use; Inclusion In BEA Of Data And Information From Other Studies; Exemption From Liability Not Invalidated By Change In Property Use Or Hazardous Substance Use; Time To Conduct BEA Prepared To Establish Liability Exemption For Development Of Oil Or Gas Resources; Applicability Of Subrule (8); "Site Preparation Activities" Defined; Sufficiency Of BEA Completed Before March 11, 1999.
     R 299.5905 Eligibility To Conduct BEA; "Date Provided By Law" Defined.
     R 299.5907 Minimum Technical Standards For Categories Of Beas.
     R 299.5909 Engineering Controls And Stipulated Conditions.
     R 299.5911 Seeking Department Determination For Exemption From Liability; Required Forms And Affidavits; Department Processing Of Petitions.
     R 299.5913 Fee For Review Of BEA And Section 7a Compliance Analysis.
     R 299.5915 Section 7a Compliance Analysis; Submittal; Content; Format; Explanation Of Omitted Information Required.
     R 299.5917 Submittal Of Information To Cure Deficiencies In BEA Or Section 7a Compliance Analysis; Required Forms And Affidavits; Timing.
     R 299.5919 Disclosure Of BEA Under Section 20126(1)(C)(Ii) Of Act; Forms; Timing.
Part 10. Compliance With Section 20107a Of Act
     R 299.51001 Definitions.
     R 299.51003 Applicability; Compliance With Section 20107a Of Act Generally; Documentation Of Compliance.
     R. 299.51005 Compliance With Other Laws And Regulations.
     R 299.51007 Compliance With Section 20107a(1)(A) Of Act.
     R 299.51009 Compliance With Section 20107a(1)(B) Of Act; Discarded Or Abandoned Aboveground Containers.
     R 299.51011 Compliance With Section 20107a(1)(B) Of Act; Belowground Containers.
     R 299.51013 Unacceptable Exposure; Mitigation.
     R 299.51015 Notice To Department Of Discarded Or Abandoned Containers.
     R 299.51017 Notice To Department And To Affected Adjacent Property Owners Of Contamination Migrating Beyond Boundaries Of Property Owned Or Operated By Person Subject To Section 20107a Of Act; Special Provisions For Notice By Permittees Under Part 615 Of Act And By Easement Holders.
     R 299.51019 Mitigating Fire And Explosion Hazards; Action And Notice Required.
     R 299.51021 Applicability Of Rules To Persons Who Have Received Affirmative Determinations Of Compliance With Section 20107a Of Act Under Section 20129a Of Act.

These administrative rules are provided as a free service of the State Bar of Michigan Environmental Law Section. The administrative rules, which were re-formatted for consistency, are not intended to replace official versions and are subject to revision and/or repeal. The Environmental Law Section presents this information, without warranties, express or implied, regarding the accuracy of the information, timeliness, or completeness. If you believe the information is inaccurate, out-of-date, or incomplete or if you have problems accessing or reading the information, please send your concerns to the Section.