Administrative Rules for
PART 201 ENVIRONMENTAL REMEDIATION
of the Natural Resources and Environmental Protection Act 1994 PA 451, as
amended
Rule 730.
(1) Any remedial
action plan that addresses surface water or sediments associated with waters of
the state shall include site-specific cleanup
criteria established by the department on the basis of sound scientific
principles and evaluation of bulk sediment chemistry, sediment toxicity and
benthic community populations. Criteria
shall be established considering the need to eliminate or mitigate the
following use impairments, as appropriate to the facility in question:
(a) Restrictions
on fish or wildlife consumption.
(b) Tainting
of fish and wildlife flavor.
(c) Degraded
fish or wildlife populations.
(d) Fish
tumors or other deformities.
(e) Bird
or animal deformities or reproductive problems.
(f) Degradation
of benthos.
(g) Restrictions on dredging activities.
(h) Eutrophication
or undesirable algae.
(i) Restrictions
on drinking water consumption or taste or odor problems.
(j) Beach
closings.
(k) Degradation
of aesthetics.
(l) Added
costs to agriculture, industry,
or a local unit of government.
(m) Degradation
of phytoplankton or zooplankton populations.
(n) Loss of fish and wildlife habitat.
(o) Unacceptable
risk through human contact as a result of absorption of hazardous substances
through the skin or by incidental ingestion of sediments.
(p) Other
unacceptable risks to human receptors exposed to hazardous substances in
sediments.
(2) The basis for, and information used by the
department to develop, cleanup criteria under this rule shall be made available
to the public upon request.
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out-of-date, or incomplete or if you have problems accessing or reading the information,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.