R 324.21501 Definitions.

Rule 1.  As used in these rules:

            (a) "Act" means Act No. 451 of the Public Acts of 1994, as amended, being  §324.101 et seq. of the Michigan Compiled Laws, and known as the natural resources and environmental protection act.

          (b) "Certified professional" means an individual certified by the department as meeting the requirements of a certified underground storage tank professional as defined under section 21543 of the act.

          (c) "Corrective action" means and includes, but is not limited to, the actions specified in sections 21307 to 21313 of the act, the investigation, risk assessment, cleanup, removal, containment, isolation, treatment, or monitoring of regulated substances released into the environment, or the taking of other action as may be necessary to prevent, minimize, or mitigate injury to the public health, safety, or welfare, the environment, or natural resources.

          (d) "Department" means the department of environmental quality.

          (e) "Design" means development of a corrective action plan for soil and groundwater remediation utilizing scientifically accepted practices, procedures, and technologies which are proven effective based on industry standards and which comport with statutory requirements and these rules.

          (f) "Environmental quality analyst" means a person employed in this job classification series by the department and who possesses specific education and experience requirements established for this classification by the  department of civil service.                  

          (g) "Feasibility" means and includes, but is not limited to, the development and evaluation of alternative remedial technologies based on results obtained from site investigation activities.  The term also includes the analysis of alternative technologies for remediating impacted soil and groundwater, for the treatment, disposal, and reduction of contaminants, and for recycling or destroying contaminants at an on-site or off-site facility.

          (h) "Other cause" under sections 21542 and 21543 of the act, for which the department may suspend or revoke a qualified consultant or certified professional certification, means and includes, but is not limited to, the acts set forth in sections 21324 and 21548 of the act and all of the following acts:

                    (i) Conducting sampling, testing, monitoring, or excavation that is not justified by the site condition pursuant to the proper use and application of the RBCA process as set forth in part 213 of the act.

                    (ii) Failing to identify the most cost-effective corrective action measures to the owner/operator of the facility.  As used in these rules, "cost-effective" includes a consideration of timeliness of implementation of the corrective action measures and use of methodology that is necessary and appropriate considering conditions at the site.  The RBCA process shall be utilized in determining the most cost-effective corrective action measures to be implemented.

                    (iii) Failure to conduct corrective action activities in accordance

with the RBCA process and in a manner that is protective of the public health, safety, and welfare and the environment.

                    (iv) Failure to comply with parts 213 and 215 of the act and written directives issued by the department in conformance with parts 211, 213, and 215 of the act, including, but not limited to, any of the following:

                              (A) Operational and informational memoranda.

                              (B) Procedures.

                              (C) Guidance documents.

                              (D) Orders.

                              (E) Written correspondence from department staff requesting information about a facility or site.

                    (v) Conducting work that is unnecessary or inappropriate, or both, considering conditions at a site, including, but not limited to, consideration by the department of whether the work performed is technically adequate.  Necessary, appropriate, and adequate work is based on department guidance documents and industry standards applicable at the time the work is conducted.

                    (vi) Failure to supply the department with requested information whether the request is informal or a formal information request was issued under section 20117 of the act.  All information requests made by the department shall be made in writing.

          (vii) Failure to provide written notification to the department within 10 business days following a   change in the person's operations or organizational status that materially affects the qualified consultant's status or qualifications as set forth in these rules.  As used in these rules, "change" includes any of the following:

                              (A) Failure to actively maintain an approved certified professional on staff.

                              (B) A change in corporate name or corporate structure.

                              (C) A staffing change that may affect the qualified consultant's ability to meet experience requirements, such as the loss of a certified professional or other persons whose experience was used to meet the qualified consultant's experience qualification requirements necessary for qualified consultant certification.

                              (D) A change in the required insurance, including policy cancellation.

                              (E) Revocation of professional licenses or certificates, such as certified professional geologist or physical engineer.

                              (F) A change in compliance with the occupational safety and health act or the Michigan occupational safety and health act requirements, including submission of notices of violation issued pursuant to the occupational safety and health act or the Michigan occupational safety and health act.

                    (viii) Failure to submit or annually update, or both, information required in the application requesting inclusion on the list.

                    (ix) Failure to attend the risk-based corrective action training entitled "RBCA Applied At Petroleum Release Sites" provided by the American society for testing and materials and other training as may be required by the department.

                    (x) Failure to comply with all applicable, relevant, and appropriate state and federal laws.

                    (xi) Failure to acquire and maintain any required insurance.

          (i) "Qualified consultant" means a firm or individual certified by the department as meeting the requirements of a qualified underground storage tank consultant defined under section 21542 of the act.

          (j) "RBCA" means the risk-based corrective action process as established by the American society for testing and materials and adopted in section 21303 of the act.

          (k) "Relevant environmental assessment" means site assessment activities as defined in subdivision (r) of this rule and conducted for both soil and groundwater media.  Environmental assessment is relevant if the corrective action activity involves soils and groundwater that are contaminated with regulated or hazardous substances.

          (l) "Relevant environmental work" means activities, including site assessment and corrective actions, involving soil and groundwater contaminated with regulated substances as defined in part 213 of the act or hazardous substances as defined in part 201 of the act.

          (m) "Relevant soil corrective action" means corrective actions that include all of the activities described in subdivision (c) of this rule as applied to the investigation and remediation of soils and groundwater contaminated with regulated substances, including the proper disposal of contaminated soils and groundwater.

          (n) "Remedial system installation" means the implementation of a corrective action plan utilizing a properly designed system for remediation of contaminated media to achieve a final remedy.  The system shall comport with generally accepted industry standards, statutory requirements, and these rules.

          (o)      "Remediation management activities" means the supervision or management of corrective actions conducted at sites of environmental contamination.  The term includes direct oversight of response personnel and activities associated with site assessment, remedial system installation and operation effectiveness, and overseeing site closure.

          (p) "Removal" means the permanent removal of qualified underground storage tank consultants from the department's list.

          (q) "Respondent" means the qualified consultant or certified professional relevant to suspension and revocation proceedings.

          (r) "Revoked" or "revocation" means having certification as a qualified consultant or certified professional, or both, permanently withdrawn.

          (s) "Site assessment" means corrective actions listed in sections 21307 to 21313 of the act.  Selected methodology shall comport with generally accepted industry standards, statutory requirements, and these rules. Site assessment and environmental assessment are synonymous terms.

          (t) "Site closure" means that a final remedy at a site of environmental contamination has been completed in accordance with section 21312 of the act and that either 6 months has elapsed since submittal of the closure report and the department has not conducted an audit, or the Department has provided approval of the closure report.

          (u) "Soil removal" means soil excavation at a site of environmental contamination.  The term includes, but is not limited to, utilizing proper staging and containment procedures and properly characterizing and disposing of excavated soils.

          (v) "Suspension" means the immediate withdrawal of the certification of a qualified consultant or certified  professional, or both, under the summary suspension provisions of section 92 of Act No. 306 of the Public Acts of 1969, as amended, being 24.292 of the Michigan Compiled Laws.

          (w) "Tank removal oversight" means on-site supervision of all stages of underground storage tank system removal, including soil excavation, tank and piping removal from the ground, and documentation of proper disposal of the tank, piping, and contents.