R 299.5115 Notice To Persons Who Are Liable.

Rule 115.

          (1)  Except as provided in subrule (3)  of this rule, before beginning response activity at a facility with public funds, the department shall provide notice to persons who are liable who have been identified, as described in this rule.

          (2)  The notice, in the form of a letter mailed to the most recent known addresses of all identified persons who are liable, shall include all of the following information:

                    (a)  A description of the response activity being undertaken or proposed to be undertaken by the state and, unless the activity in question is alternate water service, as that term is defined in part 4 of these rules, a request that the person who is liable carry out those actions in a timely manner.  The time allowed for response shall be included in the letter and shall reflect the exigencies of the situation requiring response and the complexity of the requested action.

                    (b)  A description of the nature and extent of contamination believed by the department to exist at the facility.

                    (c)  The reason why the department believes that the person is liable.

                    (d)  The names and addresses of other persons who are liable who have been or are being sent notice letters for the facility in question.

                    (e)  The location of files used by the department in developing the notice.

                    (f)  Notification that if a person who is liable fails to adequately implement the necessary response activity, the department may do either or both of the following if appropriate to protect the public health, safety, or welfare or the environment:

                              (i)  Request that the attorney general take enforcement action.

                              (ii)  Undertake the required response activity utilizing public funds.  Any expenditure of public funds for this purpose is subject to cost recovery actions by the state.

          (3)  The requirements of this rule shall not apply when the department has not determined that a person is liable or when the notice process would unreasonably delay the response.

          (4)  The notice described in subrule (1)  of this rule shall be sent by a means that provides proof of delivery.

          (5)  A copy of the notice described in subrule (1)  of this rule shall be provided to the local unit of government in which the facility is located.