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 706.
(1) All cleanup criteria used in remedial
actions undertaken under part 201 of the act and these rules shall be based on
best available information.
(2) The generic cleanup criteria developed by the
department using the algorithms presented in part 7 of these rules are derived
primarily from data that reflect chronic toxicity endpoints. If a hazardous substance has a more sensitive
toxic effect than those associated with the chronic toxicity data used to
calculate a generic criterion, then a criterion shall be developed to address
the most sensitive effect. Except as
provided in R 299.5532(9), generic
cleanup criteria established by the department shall be accepted as protective
of the most sensitive toxic effect in a given exposure pathway for the
hazardous substance in question.
(3) If the department has not calculated a
criterion for a hazardous substance for a given exposure pathway, then the
person proposing or implementing the remedial action shall supply the necessary
data for the department to calculate a criterion or establish a criterion under
subrule (4) of this rule, unless the department
determines that a numerical criterion is not required to assure that a given
remedial action will be protective.
(4) A generic or site-specific cleanup criterion
may be established by the department based on best professional judgment instead
of a calculation based on minimum toxicity data for a specific hazardous
substance when the minimum toxicity data are not available for that hazardous
substance, but data of sufficient quality are available to show that the
hazardous substance in question can be adequately assessed by comparison to the
toxicity of another hazardous substance for which sufficient data are
available. A criterion may be
established by the department in this manner when the hazardous substances are
expected by the department to have similar fate and toxicity.
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re-formatted for consistency, are not intended to replace official versions and
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