Administrative Rules for
PART 201 ENVIRONMENTAL REMEDIATION
of the Natural Resources and Environmental Protection Act 1994 PA 451, as
amended
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Rule 538.
(1) Operation and maintenance shall be
implemented as part of any response activity if necessary to achieve remedial
objectives, assure the integrity and effectiveness of the response activity, or
both. Operation and maintenance is not
required if a complete interim response activity or a remedial action complies
with criteria provided for in section 20120a(1)(b) to (e)
of the act, unless it is necessary to assure compliance with criteria
that apply outside the boundary of the property that is the source of the
release.
(2) An operation and maintenance plan shall
include all of the following as appropriate to the response activity:
(a) Name, phone number, and address of the person
who is responsible for operation and maintenance.
(b) Operation and maintenance activities and
schedule.
(c) A discussion of critical systems reliability,
including options for repair or redundancy.
(d) Design
and construction plans.
(e) Equipment diagrams, specifications, operating
manuals, and manufacturers' guidelines.
(f) Emergency plan, including emergency contact
phone numbers.
(g) A contingency plan that addresses response to
failure of any critical system
component.
(h) Other
information required to determine the adequacy of the operation and maintenance
plan. Department requests for
information under this subdivision shall be limited to factors not adequately
addressed by information required by other subdivisions of this rule and shall
be accompanied by an explanation of the need for the additional information.
(3) Prior department approval of an
operation and maintenance plan is required only as described in section
20114(2) of the act, for operation and maintenance plans
submitted in response to a department request under section 20114(1)(h) of the act, and for operation and maintenance
plans that are part of a remedial action in a category allowed for under
section 20120a(1)(f) to (j) or (2)
of the act.
(4) A person may seek department approval
of an operation and maintenance plan in cases not covered by subrule (3) of this rule by submitting the plan to the
department.
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re-formatted for consistency, are not intended to replace official versions and
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