DEPARTMENT OF AGRICULTURE  
PESTICIDE AND PLANT PEST MANAGEMENT DIVISION  
REGULATION NO. 640. COMMERCIAL PESTICIDE BULK STORAGE  
(By authority conferred on the director of the department of agriculture by section 19 of  
Act No. 171 of the Public Acts of 1976, as amended, being S286.569 of the Michigan  
Compiled Laws)  
R 285.640.1 Definitions.  
Rule 1. As used in these rules:  
(a) "Approved" means approval by the director of the department or his or her  
representative.  
(b) "Appurtenances" means any of the following which are connected to a bulk  
pesticide container or which are used for transferring bulk pesticide between containers:  
(i) Valves.  
(ii) Gauges.  
(iii) Portable manufacturing units.  
(iv) Pumps.  
(v) Fittings.  
(vi) Hoses.  
(vii) Plumbing.  
(viii) Metering devices.  
(c) "Bulk pesticide" means any registered liquid pesticide or combination of  
liquid pesticides in an individual quantity that is more than 55 United States gallons  
or any registered dry pesticide in an individual quantity that is more than 100  
pounds. For purposes of this regulation, use solutions and rinsates are bulk pesticides  
if they exceed the stated quantities. Minibulks are included in this definition.  
(d) "CERCLA" means the  
comprehensive  
environmental  
responsibility,  
compensation and liability act of 1980, 42 U.S.C. S9601 et seq.  
(e) "Department" means the Michigan department of agriculture.  
(f) "Discharge" means an uncontained release to the environment of bulk pesticide in  
a reportable quantity as defined by SARA title III and CERCLA or, for products that  
are not listed in SARA title III or CERCLA, any quantity that is more than 5 United  
States gallons or 100 pounds of pesticide. "Discharge" does not include a fully  
contained transfer of bulk pesticide that is made pursuant to sale, storage,  
distribution, or intended use.  
(g) "Dry pesticide" means pesticide that is in solid form before application or  
mixing for application. The term includes formulations such as dusts, wettable powders,  
dry flowable powders, and granules.  
(h) "Elephant ring" means a storage container which has an open top and which  
serves as a secondary containment vessel into which a primary storage container  
with a smaller volume is placed.  
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(i) "Existing bulk storage facility" means a facility that on the effective date of  
this rule, is being used to store or hold bulk pesticides where the location of bulk  
containers remains the same whether bulk containers are replaced, added to, or  
reorganized.  
(j) "Floodplain" means any land area that is subject to a 1% or greater chance of  
flooding. This is equivalent to a 100-year flood.  
(k) "Liquid pesticide" means pesticide that is in  
a
liquid form, including  
solutions, emulsions, suspensions, and slurries contained in an undivided quantity of  
more than 55 United States gallons. The term includes minibulk pesticides.  
(l) "Minibulk pesticide" means an amount of liquid pesticide which is held in a  
single container with a volume more than 55, but less than 400, United States gallons  
that is designed for ready handling and transport and has been filled by the original  
pesticide manufacturer or repackager.  
(m) "Mobile container" means a container that is designed or used for transporting  
pesticides.  
(n) "Modification" means changes in structures, processes, or activities at a bulk  
pesticide storage facility that alter the efficiency or capacity of containment structures  
or systems.  
(o) "New bulk storage facility" means a storage facility as designated by the director  
or a storage facility that locates new, used, or refurbished bulk containers where,  
before the effective date of this rule, bulk storage was not conducted.  
(p) "Operational area" means an area or areas at a bulk pesticide storage facility  
where pesticides are transferred, loaded, unloaded, repackaged, or refilled.  
(q) "Operational area containment" means any structure or system that is designed and  
constructed to effectively intercept and contain spills, container or equipment  
washwater, and precipitation to prevent the runoff or leaching of pesticide from a storage  
facility.  
(r) "Primary containment" means the storage of bulk pesticide in storage containers at  
a storage facility.  
(s) "Rinsate" means the liquid which is generated from the rinsing of the interior  
surface of any pesticide application equipment or pesticide container that has come in  
direct contact with any pesticide. This liquid is a mixture of water and a concentration of  
pesticide that is below the labeled application rate. "Rinsate" includes the liquid that  
is generated by cleaning a containment area in accordance with the provisions of  
R 285.640.11(3).  
(t) "SARA title III" means the emergency planning and community right-to-  
know act (title III) of the superfund amendments and reauthorization act of  
1986, 42 U.S.C. S11001 et seq.  
(u) "Secondary containment" means any structure, including dikes, that is effectively  
designed and constructed to contain spills or leaks and to prevent escapes, runoff,  
and leaching of pesticides from bulk storage containers.  
(v) "Spill" means a contained release, within a containment area or operational pad,  
of bulk pesticide in a reportable quantity as defined by SARA title III and CERCLA or,  
for products that are not listed in SARA title III or CERCLA, any quantity that is  
more than 5 United States gallons or 100 pounds. "Spill" does not include a fully  
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contained transfer of bulk pesticide that is made pursuant to sale, storage, distribution,  
or intended use.  
(w) "Storage" means the storage of bulk pesticides by a person who manufactures,  
repackages, or distributes bulk pesticides. "Storage" does not include the storage of  
pesticides by an agricultural producer for use on land that is owned or leased by the  
producer.  
(x) "Storage container" means a container, rail car, nurse tank, or other mobile  
container that is used for the storage of bulk pesticide. "Storage container" does not  
include any of the following:  
(i) A mobile container that stores pesticide at a storage facility for less than 15  
consecutive days if this storage is incidental to the loading or unloading of a storage  
container at the storage facility.  
(ii) A mobile container that is located other than on property which is owned,  
operated, or controlled by an owner or operator of a storage facility for less than 15  
consecutive days.  
(iii) A container which is 55 gallons or smaller and which is used solely as  
emergency storage for leaking pesticide containers.  
(iv) Pesticide application equipment in which pesticides are stored for less than 5  
consecutive days.  
(y) "Storage facility" means a facility which is used to store or hold bulk pesticides  
and which is owned, operated, controlled, or leased by a person who manufactures or  
distributes bulk pesticides.  
(z) "Sump" means any catch basin, pit, or reservoir, and those trenches and troughs  
connected to them, that serve to collect liquid.  
(aa) "Surface water" means a body of water that has its top surface exposed to the  
atmosphere and includes lakes, ponds, or water holes that cover an area greater than  
0.25 acres and streams, rivers, or waterways that maintain a flow year-round.  
"Surface water" does not include waterways with intermittent flow.  
(bb) "Washwater" means the liquid that is generated from rinsing the exterior  
surfaces of application, handling, storage, or transportation equipment. "Washwater"  
does not include the liquid that is generated by cleaning a containment area in  
accordance with the provisions of R 285.640.11(3).  
History: 1992 AACS.  
R 285.640.2 Storage facility registration.  
Rule 2. (1) A person shall not operate a storage facility in Michigan until it is  
registered with the department. A registration application shall be submitted for each  
facility on forms provided by the department. The registration application shall disclose  
the physical location of the  
facility and its mailing address if different from that  
on  
the application.  
Together with the registration application, a person shall submit a discharge response  
plan in accordance with the provisions of R 285.640.15 and a site plan of the facility.  
The site plan shall include all of the following:  
(a) A plot plan or map of the property that shows all structures and the location of all  
wells on the site.  
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(b) A plot plan or map that shows all of the following:  
(i) Precipitation runoff routes from the storage facility.  
(ii) Approximate distance to, and identity of, lakes, streams, drainage ditches, or  
storm drains within 0.5 mile of the storage facility location.  
(iii) Distance and direction to nearest public and private wells.  
(iv) Site soil characteristics.  
(v) Depth to groundwater.  
(c) A plot plan or map that shows the location of bulk storage tanks and their  
horizontal, raised, or vertical situation at the site, and a tank schedule that provides  
for each tank, all of the following information:  
(i) The construction material.  
(ii) The capacity.  
(iii) The diameter.  
(iv) The height.  
(v) The product stored.  
(d) Secondary and operational area containment construction plans and the capacity  
of such containment areas in gallons.  
(e) If synthetic liners or synthetic materials are used, containment structure  
manufacturer installation instructions and confirmation of compatibility with  
pesticides. If prefabricated basins are used,  
containment structure manufacturer confirmation of compatibility with pesticides  
and an estimate of the life expectancy of the structure.  
(f) An operational plan for containment areas that  
utilization of recovered pesticide materials,  
accumulation.  
shows  
rinsewater,  
the  
handling and  
and precipitation  
(2) For facilities which are in operation on the effective date of this rule and which do  
not meet the containment requirements of this rule, both of the following shall be  
submitted with the registration application:  
(a) Items that are required pursuant to the provisions of subrule (1) of this rule.  
(b) Designs for required containment structures, including the amount of construction  
that has been completed and a timetable for complete compliance with this rule.  
(3) All registrations expire on December 31 of each year. The facility site plan need  
not be submitted with the registration application after the first registration is  
approved unless modifications to the facility occur affecting subrules (1) and (2) of  
this rule.  
(4) For facilities with containments under construction  
or  
with  
plans for  
construction, the items specified in subrule (2) of this rule shall be submitted annually  
with the registration application until the construction has been completed.  
(5) After an initial storage facility registration has been completed, if changes or  
modifications have not occurred since the latest registration, the items specified  
in subrules (1) and (2) of this rule are not required to be submitted with the storage  
facility registration application or renewal.  
(6) The department shall have the authority to approve with conditions a registration  
application if the applicant facility has met the requirements of subrules (2) to  
(5) of this rule. All approvals with conditions shall meet timetables for project  
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completion as approved by the department and may have a maximum of 5 years to fully  
complete a project.  
(7) The department shall have the authority to deny a registration application if the  
applicant facility does not meet the requirements of this rule. The applicant facility  
may appeal a registration denial to the department director for reevaluation.  
(8) The department shall inform an applicant of approval, approval with conditions,  
or denial of registration and shall indicate the conditions of approval or the reasons for  
denial of registration, if applicable.  
(9) The department may exempt any person from a requirement under this rule if  
compliance is not technically feasible and the department finds that alternative  
measures provide substantially similar protection against a discharge to the environment.  
All information which is required to prove that substantially similar protection is  
possible shall be provided to the department by the person who requests the  
exemption.  
(10) For the year in which this rule takes effect, registration applications shall be  
submitted to the department within 180 days of the effective date of this rule.  
History: 1992 AACS.  
R 285.640.3 Siting of storage facilities.  
Rule 3. (1) The siting of a bulk pesticide storage facility shall comply with applicable  
local, state, and federal regulations.  
(2) New bulk storage facilities and their respective containment areas shall be located  
as follows:  
(a) Above a floodplain as defined in R 285.640.1(1).  
(b) A minimum of 200 feet from surface water.  
(c) A minimum of 2,000 feet from type I and type IIa public water supply wells, as  
defined by the provisions of Act No. 399 of the Public Acts of 1976, as amended,  
being S325.1001 et seq. of the Michigan Compiled Laws.  
(d) A minimum of 800 feet from type IIb and type III public water supply wells, as  
defined by the provisions of Act No. 399 of the Public Acts of 1976, as amended,  
being S325.1001 et seq. of the Michigan Compiled Laws.  
(e) A minimum of 150 feet from all other drinking water supplies that are not  
defined by the provisions of Act No. 399 of the Public Acts of 1976, as amended,  
being S325.1001 et seq. of the Michigan Compiled Laws.  
(3) Existing bulk storage facilities that have approved containment shall have the  
outside base of the containment areas located as follows:  
(a) A minimum of 200 feet from type I and type IIa public water supply wells, as  
defined by the provisions of Act No. 399 of the Public Acts of 1976, as amended,  
being S325.1001 et seq. of the Michigan Compiled Laws.  
(b) A minimum of 75 feet from type IIb and type III public water supply wells, as  
defined by the provisions of Act No. 399 of the Public Acts of 1976, as amended,  
being S325.1001 et seq. of the Michigan Compiled Laws.  
(c) A minimum of 50 feet from all other drinking water supplies that are not defined  
by the provisions of Act No. 399 of the Public Acts of 1976, as amended, being  
S325.1001 of the Michigan Compiled Laws.  
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(4) All bulk storage facilities shall utilize appropriate engineering safeguards to  
prevent water supply contamination if the floodplain, surface water, or water supply  
setback requirements in subrules (2) and  
(3) of this rule cannot be met. These engineering safeguards shall be implemented  
before initial approval of a facility registration by the department.  
(5) Bulk storage construction standards for primary, secondary, and operational  
containment facilities that are constructed after the effective date of this rule shall  
be of a type recommended by any of the following entities:  
(a) Michigan state university.  
(b) Midwest plan service.  
(c) Tennessee valley authority.  
(d) A licensed engineer.  
(e) Other sources approved by the department.  
(6) The department is not liable for the structural integrity of a department-  
approved storage facility.  
History: 1992 AACS.  
R 285.640.4 Primary containment of bulk liquid pesticides.  
Rule 4. (1) A storage container shall not be made of ferrous metals unless the  
container is made of stainless steel, the container has a protective lining which  
prevents corrosion and which does not react chemically with the stored pesticide, or  
the manufacturer of the stored  
pesticide has confirmed, in writing, to the department that corrosion tests have been  
conducted and storage in such unlined containers has been found to be satisfactory.  
(2) Storage containers and appurtenances shall be constructed of  
materials that are resistant to corrosion, puncture, and cracking.  
(3) Metals that are used for valves, fittings, and repairs on metal containers shall be  
compatible with the metals that are used in the construction of the storage container  
so that the combination of metals does not cause or increase corrosion which may  
weaken the storage container or its appurtenances or create a risk of discharge.  
(4) Storage containers and appurtenances shall be designed to handle all operating  
stresses, taking into account static head, pressure buildup from pumps and compressors,  
and any other mechanical stresses to which the storage containers and appurtenances  
may be subject in the course of operations.  
(5) Storage containers and appurtenances, including pipes, shall be protected  
against reasonably foreseeable risks of damage by trucks and other moving vehicles  
that are engaged in the handling of a bulk pesticide.  
(6) All wetted parts inside shutoff valves and connections from the storage  
container to the shutoff valve shall be made of stainless steel or other material that is  
approved by the department. Minibulk pesticide containers that are in compliance  
with DOT-57 or MACA-75 specifications are exempt from the provisions of this  
subrule.  
(7) Provision shall be made to prevent cross-contamination due to the use of  
common metering or plumbing devices.  
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(8) Storage containers shall not be filled to more than 95% of capacity unless any of  
the following provisions apply:  
(a) The storage container construction or location provides constant temperature  
control.  
(b) The storage container is a minibulk pesticide container.  
(c) The storage container is otherwise designed to be filled to a capacity of more  
than 95% of its total volume according to the manufacturer's recommendations.  
(9) Flexible connections and properly supported appurtenances shall be utilized as  
dictated by engineering practices to  
deterioration.  
reduce  
vibrational  
and stress-related  
(10) Backflow protection or a fixed air gap shall be utilized to protect water lines as  
required by standard engineering and plumbing practices.  
(11) Primary containment piping shall be located above the ground and within  
secondary containment.  
(12) Storage containers shall be anchored, elevated, or secured by some other means  
to prevent flotation or instability.  
(13) Mobile storage containers that contain liquid pesticide shall be stored not less  
than 100 feet from a water well or surface water or as required by the pesticide label,  
whichever distance is greater.  
(14) A person shall not store liquid pesticide in an underground storage container.  
This prohibition does not apply to a watertight catch basin or sump that is used for the  
temporary collection of runoff or rinsate from transfer and loading areas.  
(15) Storage containers which are located outdoors and which are more than 10 feet  
in height shall be placed a minimum of 5 feet from the secondary containment wall  
or, as an alternative, shall be designed to prevent liquid pesticide discharges from the  
storage container over the side of the dike wall. The distance between containers shall  
be adequate to allow for inspection and maintenance.  
(16) Facilities that have existing secondary containment areas on the effective date  
of this rule are exempt from the wall setback and design requirements specified in  
subrule (15) of this rule. The distance between containers shall be adequate to allow  
for inspection and maintenance.  
(17) Storage containers which are located within a walled structure and which are  
lower than the surrounding walls are exempt from the wall setback and design  
requirements specified in subrule (15) of this rule. The distance between containers  
shall be adequate to allow for inspection and maintenance.  
(18) All bulk pesticide containers shall be labeled in accordance with the provisions  
of Act No. 171 of the Public Acts of 1976, as amended, being S286.551 et seq. of  
the Michigan Compiled Laws, and the federal insecticide, fungicide, and rodenticide  
act of 1988, as amended, 7 U.S.C.S136 et seq. The registered product label shall be  
affixed in a prominent location on the bulk pesticide storage container and shall be  
designed to remain intact and legible throughout the active use of the container.  
(19) Facilities that are placed in service after the effective date of this rule shall  
immediately comply with this rule. Facilities that are in service before the effective  
date of this rule shall have 1 year to comply with this rule.  
History: 1992 AACS.  
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R 285.640.5 Liquid level gauging devices.  
Rule 5. (1) Every storage container shall be equipped with a liquid level gauging  
device that can readily and safely determine the level of liquid in the storage  
container. A liquid level gauging device is not required if the level of liquid in a  
storage container can be readily and reliably measured by other means.  
(2) Liquid level gauging devices shall be secured to protect against breakage or  
vandalism.  
(3) External sight gauges are prohibited.  
(4) Facilities that are placed in service after the effective date of this rule shall  
immediately comply with this rule. Facilities that are in service before the effective  
date of this rule shall have 1 year to comply with this rule.  
History: 1992 AACS.  
R 285.640.6 Venting requirements.  
Rule 6. (1) Each storage container that is used for bulk liquid pesticide shall be  
equipped with a vent that has a hood or an inverted opening.  
(2) Conservation vents shall be used on containers that store products where loss of  
vapor affects product quality or where the vapor is harmful to plants, animals, or  
humans.  
(3) Conservation vents shall open and close within the designed pressure limits of the  
storage container.  
(4) Full compliance with the provisions of this rule is required 90 days after the  
effective date of this rule.  
History: 1992 AACS.  
R 285.640.7 Security requirements.  
Rule 7. (1) Storage containers and appurtenances shall be secured to provide  
reasonable protection from wildlife, vandalism, and unauthorized access. Security  
shall be provided by fencing, lighting, locks, or other approved means.  
(2) Appurtenances on storage containers shall be locked or otherwise secured,  
except when persons who are responsible for facility security are present at the facility.  
(3) Valves on mobile containers which contain liquid pesticide and which are parked  
unattended at a storage facility shall be locked or secured, except when persons who  
are responsible for facility security are present at the facility.  
(4) Every storage container connection, except a safety relief connection, shall  
be equipped with a shutoff valve that is located on the storage container or at a distance  
from the storage container dictated by standard engineering practice.  
(5) For bulk storage containers that have pumps located at the top of the tank, a  
shutoff valve between the pump and the tank is not required only if a shutoff valve is  
located between the pump and the outlet.  
(6) For multiple valves that are located on a single line, the valve closest to its  
container shall be locked or secured, except when persons who are responsible for  
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facility security are present at the facility. For elephant rings, the last valve that is  
located within the containment area shall be locked or secured as stated in this rule.  
(7) Valves on empty containers shall be closed.  
(8) Minibulk pesticide containers that are in compliance with DOT-57 or MACA-75  
specifications are exempt from the valve requirements specified in subrules (4) and (5)  
of this rule.  
(9) Full compliance with the provisions of this rule is required 180 days after the  
effective date of this rule.  
History: 1992 AACS.  
R 285.640.8 Secondary containment of bulk liquid pesticides.  
Rule 8. (1) Primary storage containers of bulk pesticide shall be located within a  
diked containment area that is constructed with a base, perimeter wall, sloped floor,  
and watertight catch basin or sump. A containment area shall not have a relief outlet  
or discharge valve unless the requirements of subrule (8)(d) of this rule are met.  
(2) Minibulk pesticide containers that are in compliance with DOT-57 or MACA-75  
specifications are exempt from secondary containment requirements.These minibulk  
containers shall be placed upon a paved impermeable surface.  
(3) A container which is used solely for the premixing of use solutions, which has a  
maximum volume of 2,500 gallons, and which is in compliance with all of the  
following requirements shall be exempt from secondary containment requirements:  
(a) The container shall be attended by facility personnel at all times when being used  
for mixing.  
(b) The contents of the container shall be completely removed at least once every 24  
hours.  
(c) The container shall be placed upon a paved impermeable surface.  
(d) The container shall be in compliance with the requirements specified in R 285.640.4.  
(4) Capacity requirements for secondary containment areas are as follows:  
(a) The diked area for containment at a bulk storage facility that is not protected  
from rainfall shall contain a minimum of 110% of the volume of the largest storage  
container within the diked area, plus the volume that is occupied by all other tanks  
within and below the height of the dike, plus the volume of a 6-inch rainfall.  
(b) The diked area for containment at a bulk storage facility that is protected from  
rainfall shall contain a minimum of 110% of the volume of the largest storage  
container within the diked area, plus the volume that is occupied by all other tanks  
within and below the height of the dike.  
(c) Secondary containment areas which were constructed before the effective date  
of this rule and which have a minimum capacity of 110% of the volume of the largest  
storage container within the diked area, plus the volume that is occupied by all other  
tanks within and below the height of the dike, shall be deemed to be in compliance with  
this rule. Any such storage facility shall, upon alteration of the secondary containment  
area or increases in storage container volume, be brought into full compliance within  
1 year of the alteration or increase.  
(d) Secondary containment that is not located within a roofed building shall provide  
for separation between bulk pesticides and bulk fertilizers to the extent that a common  
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wall or curb between the pesticide and fertilizer areas will accomplish either of the  
following:  
(i) Prevent pesticide from entering the fertilizer area, but allow fertilizer to enter  
and utilize the pesticide area while maintaining the capacity requirements specified  
in subdivisions (a) to (c) of this subrule.  
(ii) Maintain a complete separation of fertilizer and pesticide, with or without a  
common wall, if each separate area maintains the capacity requirements specified  
in subdivisions (a) to (c) of this subrule.  
(5) Wall requirements for secondary containment areas are as follows:  
(a) The walls of a secondary containment area shall be constructed of any of the  
following materials and shall be designed to withstand a full hydrostatic head of any  
discharged liquid and weight load of material:  
(i) Steel.  
(ii) Poured reinforced concrete.  
(iii) Precast concrete modules.  
(iv) Solid masonry.  
(v) Other materials approved by the department.  
(b) Cracks and seams shall be sealed to prevent leakage.  
(c) Walls shall not be more than 6 feet in height above interior grade unless provision  
is made for normal access and necessary emergency access to tanks, valves, and other  
equipment and for the safe exiting from the secondary containment facility.  
(d) Walls that are constructed of concrete or solid masonry shall rest upon a floating  
base of concrete that is prepared as specified in subrule  
(7)(a) of this rule or upon suitable concrete footings that extend below the average  
frost depth to provide structural integrity. Joints between walls and base shall be  
made watertight.  
(e) Piping shall not be installed through the secondary containment wall, except for  
interconnections between multiple secondary containment structures.  
(6) Base requirements for secondary containment areas are as follows:  
(a) The base of a secondary containment area shall slope to a watertight catch basin or  
sump where accumulated liquids can be removed.  
(b) The base and any earthen walls of the secondary containment area shall be lined  
with concrete, steel, or approved synthetic liners.  
(7) Liner requirements for secondary containment areas are as follows:  
(a) Concrete liners shall be designed according to good engineering practices to  
withstand any foreseeable loading conditions, including a full hydrostatic head of  
discharged fluid and static loads of storage containers, including appurtenances,  
equipment, and contents. Cracks and seams shall be sealed to prevent leakage.  
(b) Steel plates may be used for wall and base liners. Installation plans shall be  
approved by the department. The plates shall be protected against corrosion and joined  
in a manner to provide watertight joints.  
(c) Synthetic liners and installation plans shall be approved by the department. A  
synthetic liner will not be approved by the department until the manufacturer of the  
liner provides the department with a written confirmation of compatibility and a  
written estimate of the life expectancy of the liner.  
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(d) Synthetic liners shall have a minimum thickness of 30 mils (0.8 millimeters)  
and be compatible with the materials being stored within the facility.  
(e) Synthetic liners shall be installed under the supervision of a qualified  
representative of the manufacturer and all field-constructed seams shall be tested and  
repaired, if necessary, in accordance with the manufacturer's recommendations.  
(f) Prefabricated diked areas shall not have a relief outlet or discharge valve. The  
base shall slope to a collecting spot where storm water can be discharged by a  
manually activated pump for use in the blending process or for proper disposal in  
accordance with the provisions of R 285.640.11.  
(g) The department may approve the use of experimental materials upon written  
confirmation from the manufacturer regarding the pertinent specifications of the  
material for use in pesticide containment.  
(8) Catch basin or sump requirements for secondary containment areas are as follows:  
(a) The sump construction shall conform to the thickness specifications, on all sides  
including the base of the sump, for the remainder of the containment area base and  
shall be watertight.  
(b) Discharge valves or drains shall not be plumbed into the sump unless the  
requirements of subdivision (d) of this subrule are met.  
(c) Design and construction specifications for the sump shall address sediment  
accumulation, sediment removal, and freeze-thaw cycles.  
(d) An exception for allowing discharge valves or drains to be plumbed into the  
sump may be granted if a catchment system that includes  
a
catch drain, discharge  
valve, and concrete sump tank, as described in this subdivision, is operational and if  
all of the following conditions are met:  
(i) The containment area and discharge valve or drain shall be in existence before  
the effective date of this rule. Construction of containment areas with discharge  
valves or drains will not be permitted after the effective date of this rule.  
(ii) Concrete-lined areas shall have a recessed catch drain that runs through the  
center of the base. The catch drain shall be a minimum of 6 inches deep and 12 inches  
wide with an open grate cover.  
(iii) The concrete slab that is located beneath the catch drain shall be at least the same  
thickness below and to the sides of the drain as the base is throughout the containment  
area and shall be in compliance with the provisions of R 285.640.8(6)(a).  
(iv) The concrete base shall slope to the drain, and the drain shall slope to a  
discharge valve at the edge of the dike.  
(v) The discharge valve shall be closed and secured at all times, except when in use as  
specified in paragraph (vi) of this subdivision, at which times it shall be attended by  
responsible personnel.  
(vi) The discharge valve shall drain to an underground concrete sump tank that has  
a maximum capacity of 1,200 gallons. A self-priming recovery pump shall be used to  
move all materials from the tank to alternate contained storage. The sump tank  
shall be used as a temporary catchment only. The sump tank shall be pumped at least  
weekly during non-winter months to remove any water or pesticide material that it  
collects.  
(vii) Liquids that accumulate in this type of catchment system shall be managed in  
accordance with the provisions of R 285.640.11(2)(a) only.  
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(9) Facilities that are placed in service after the effective date of this rule shall  
immediately comply with this rule. Facilities that are in service before the effective  
date of this rule shall have 2 years to comply with this rule.  
History: 1992 AACS.  
R 285.640.9 Alternative to diking for storage containers.  
Rule 9. (1) An individual storage container that does not have a capacity of more  
than 3,000 gallons may be contained within a secondary storage container, that is,  
an elephant ring, instead of a diked containment area.  
(2) Both the primary storage container and the elephant ring shall be fabricated of  
material that is compatible with each other and with the pesticide that is being stored.  
(3) The height of the elephant ring wall shall not be more than 4 feet.  
(4) The volume that is contained within the secondary storage walls up to the working  
height of the elephant ring shall be sufficient to contain 110% of the volume that is  
contained in the primary storage container plus the volume that is displaced by the  
footings of any equipment which is placed within the secondary containment vessel.  
(5) The elephant ring shall be free of leaks and structural defects. The base shall be  
protected from corrosion, both from inside and outside, and shall be underlaid with a  
concrete pad or with 8 inches of compacted gravel beneath 4 inches of compacted  
sand or clay, or shall be protected as recommended by the manufacturer of the elephant  
ring and approved by the department.  
(6) All piping connections to the primary storage container shall be made over the  
wall of the elephant ring and shall be adequately supported and braced. Pumps and  
other fixtures, if located within the elephant ring containment structure, shall be  
placed on an elevated platform or otherwise protected from water accumulation.  
(7) Accumulations of storm water and other material shall be pumped over the wall of  
the elephant ring by means of a pump within the secondary container or by means of  
an exterior portable pump and shall be disposed of in accordance with the provisions of  
R 285.640.11(2).  
(8) A maximum of 3 elephant rings per bulk storage facility will be permitted.  
(9) Full compliance with the provisions of this rule is required 1 year after the  
effective date of this rule.  
History: 1992 AACS.  
R 285.640.10 Operational area containment of liquid pesticides.  
Rule 10. (1) Operational areas shall be curbed or sloped to allow the containment of  
accumulated liquids. The area shall be constructed of reinforced concrete or other  
suitable material approved by the department, to provide an impermeable surface.  
Operational area activities at the pesticide storage facility shall be carried out within  
this area.  
(2) The operational area containment shall form or drain into a watertight catch  
basin or sump. The sump shall meet the requirements of R 285.640.8(8).  
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(3) The operational area containment shall be constructed and reinforced to handle at  
least the foreseeable maximum gross load, including all of the following:  
(a) Product.  
(b) Equipment that utilizes the operational area.  
(c) Mobile containers.  
(d) Motor vehicles.  
(4) Size and capacity requirements for operational area containments are as follows:  
(a) The operational area containment shall have a minimum width of 10 feet and a  
minimum length of 20 feet.  
(b) Except as provided in subdivision (c) of this subrule, curbed surfaces and  
catch basins shall be of adequate size and design to contain a minimum of 1,500 gallons  
of discharged liquid.  
(c) If there are no storage containers that are used at the storage facility which have  
a capacity of more than 1,000 gallons, and if there are no mobile containers that are  
used to transfer liquid pesticide to and from storage containers which have a capacity of  
more than 1,000 gallons, the curbed surface and catch basin shall be of adequate size  
and design to contain 110% of the volume of whichever is greater, the largest  
storage container or the largest mobile container that is used.  
(d) The operational area containment capacity may include an aboveground container  
for temporary storage if a pump is installed which automatically transfers the contents  
of the sump into the container and the container is located within secondary  
containment.  
(5) Any filling or unloading point of a mobile container shall be positioned over  
the paved area during loading or unloading to assure retention of any discharge.  
(6) The secondary containment area that is described in R 285.640.8 can, under the  
following conditions, be jointly utilized as an operational containment area instead  
of a separate operational containment area:  
(a) Secondary containment areas are not lined with synthetic liners.  
(b) Sufficient capacity requirements and the provisions of R 285.640.8 and this rule  
are complied with.  
(7) Storage containers and appurtenances, including pipes, shall be protected  
against reasonably foreseeable risks of damage by trucks and other moving vehicles  
that are engaged in the loading or unloading of bulk pesticide.  
(8) Loading and unloading operations shall be supervised at all times by an attendant  
who is familiar with the operation of the mechanical appurtenances in use at the  
facility and who is familiar with the procedures that are used for the control and  
recovery of discharges.  
(9) This rule does not apply to mobile containers that are used to nurse field operations  
when at a field unloading site.  
(10) Facilities that are placed in service after the effective date of these rules shall  
immediately comply with this rule. Facilities that are in service before the effective date  
of this rule shall have 2 years to comply with this rule.  
History: 1992 AACS.  
R 285.640.11 Containment area management and operation.  
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Rule 11. (1) Accumulated precipitation, spills, or leaks within diked or sloped  
containment areas shall be managed as follows:  
(a) Accumulated liquids shall be removed by a manually activated pump.  
(b) Accumulated liquids in the sump and containment area shall be removed  
within 72 hours of accumulation.  
(c) Recovered pesticide, washwater, rinsate, or accumulated liquids shall be  
utilized in accordance with the provisions of subrule (2) of this rule.  
(2) Precipitation accumulation in secondary,  
operational,  
or  
elephant ring  
containment areas shall be utilized or disposed of in accordance with 1 of the following  
provisions:  
(a) Contain, temporarily store, and reuse all liquid materials that accumulate. The  
disposal of liquids from the containment area as surface runoff is not permitted.  
(b) Contain, temporarily store, and reuse all liquid materials that accumulate during  
the agrichemical application season. Clean and rinse the containment area at the end  
of the season in accordance with the provisions of subrule (3) of this rule. Only  
after  
cleaning  
and  
without the occurrence of any spills or leaks within the  
containment area, dispose of liquids from the containment area as surface runoff in  
accordance with state and local requirements until the agrichemical application  
season recommences.  
(c) Contain all liquid materials that accumulate, test liquids using department-  
approved methods for the presence of contaminants, and dispose of liquid as surface  
runoff only when state and local requirements are met.  
(d) Utilize small containers beneath all connections, pumps, and potential spill  
areas. Contain, temporarily store, and reuse or dispose of all liquid materials that  
accumulate within these small containers.  
Dispose of precipitation that accumulates within the remainder of the containment area  
as surface runoff in accordance with state and local requirements, only if no spills or  
leaks have occurred outside of the small containers.  
(3) Containment areas shall be cleaned as follows:  
(a) Power wash the area using a biodegradable cleaner.  
(b) Triple rinse the area using water under high pressure.  
(c) Remove all rinsate that is generated by the containment area cleaning process.  
(4) Accumulated liquids shall not be released into any watercourse, storm sewer,  
field tile, or sanitary sewer.  
(5) Discharges or spills that are incidental to loading or unloading shall be promptly  
recovered from the containment area and catch basin such that the capacities required  
pursuant to the provisions of R 285.640.8(4) and R 285.640.10(4) are available at all  
times.  
(6) Facilities that are placed in service after the effective date of this rule shall  
immediately comply with this rule. Facilities that are in service before the effective  
date of this rule and have completed secondary or operational containment areas,  
shall immediately comply with this rule. Facilities that are in service before the  
effective date of this rule shall immediately comply with this rule upon completion  
of secondary or operational containment areas in compliance with R 285.640.8, R  
285.640.9, or R 285.640.10.  
History: 1992 AACS.  
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R 285.640.12 Abandoned containers.  
Rule 12. (1) Storage containers and other containers that are used at a storage facility  
to hold bulk pesticide or pesticide rinsates are considered abandoned if they have been  
out of service for more than 6 months because of a weakness or leak or have been  
out of service for any reason for more than 2years.  
(2) Abandoned underground containers, including abandoned underground catch  
basins, shall be thoroughly cleaned by triple rinsing, or the equivalent, and  
removed from the ground or thoroughly cleaned and filled with an inert solid. All  
connections and vents shall be disconnected and sealed. A record of the catch basin  
size, location, and method of closing shall be maintained at the storage facility or as  
otherwise provided for in this rule.  
(3) Abandoned aboveground containers shall be thoroughly cleaned by triple  
rinsing or the equivalent. All valves and connections on the containers shall be  
removed and the openings shall be sealed.  
(4) A secondary containment facility is not considered abandoned merely because  
there have been no spills in the secondary containment area.  
(5) Full compliance with the provisions of this rule is required 90 days after the  
effective date of this rule.  
History: 1992 AACS.  
R 285.640.13 Site closure and discontinuation of operation.  
Rule 13. (1) When a bulk pesticide storage facility is closed or operations are  
discontinued, all of the following provisions shall be complied with:  
(a) All pesticides, rinsates, washwaters, and other materials that contain pesticides  
shall be removed from the facility site and utilized for the original intended purpose  
of the product or disposed of in a manner approved by the department.  
(b) The storage containers at the facility shall be thoroughly cleaned by triple rinsing  
or the equivalent. All valves and connections on containers shall be removed and  
the openings shall be sealed.  
(2) Full compliance with the provisions of this rule is required 90 days after the  
effective date of this rule.  
History: 1992 AACS.  
R 285.640.14 Storage of bulk dry pesticides.  
Rule 14. (1) Dry pesticide materials shall be stored in storage containers that are  
effectively designed and constructed to hold bulk  
dry pesticide and shall be  
compatible with the stored pesticide. Storage containers shall be constructed of  
materials that are resistant to corrosion, puncture, and cracking and shall be  
maintained in a good state of repair.  
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(2) Bulk dry pesticide storage containers that are held outdoors shall be placed on  
pallets or on a raised concrete platform that is drained to prevent the accumulation of  
water in or under the pesticide.  
(3) Except during loading or unloading, stored bulk dry pesticide shall be covered by a  
roof or tarpaulin to keep precipitation off the pesticide.  
(4) All loading, unloading, mixing, and handling of dry pesticide at the storage facility  
shall be conducted on a paved impermeable surface of a size and design that will  
contain the pesticide and allow for the collection of spilled material to be recycled,  
applied at labeled rates, or disposed of in a manner approved by the department.  
(5) Storage facilities shall be secured against the entry of unauthorized persons  
or wildlife.  
(6) Full compliance with the provisions of this rule is required 90 days after the  
effective date of this rule.  
History: 1992 AACS.  
R 285.640.15 Discharge response plan.  
Rule 15. (1) An operator of a storage facility shall prepare  
a
written discharge  
response plan for the storage facility. The plan shall include all of the following  
information:  
(a) The identities and telephone numbers of the persons or agencies that shall be  
contacted in the event of a discharge, including the persons who are responsible for the  
stored pesticide.  
(b) For each bulk pesticide that is stored at the facility,  
a
complete copy of the  
storage container labeling that is required by this rule and the labeling required by the  
provisions of Act No. 171 of the Public Acts of 1976, as amended, being S286.551 et  
seq. of the Michigan Compiled Laws, to accompany the sale of the pesticide.  
(c) An identification, by location, of every bulk storage container that is located at the  
bulk storage facility, together with the type of pesticide it contains. The plan need  
not include the specific location of each storage container of minibulk pesticide if the  
plan includes the general location within the facility where storage containers of  
minibulk pesticide are held.  
(d) For each type of pesticide that is stored at the facility, the procedures to be  
used in controlling and recovering, or otherwise responding to, a discharge or spill.  
(e) The procedures to be followed in using or disposing of a recovered discharge or  
spill.  
(2) An operator shall keep the plan current at all times.  
(3) A copy of the plan shall be kept readily available at the storage facility and at the  
nearest local office from which the storage facility is administered and shall be available  
for inspection by the department.  
(4) The operator of the storage facility shall inform the local fire and police  
departments of the existence of the plan and shall provide a current copy of the  
plan to the local fire and police departments.  
(5) The owner or manager of a bulk pesticide storage facility shall conduct  
emergency and discharge response training for all new and existing employees of the  
facility annually before the beginning of the pesticide use season. New employees  
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shall receive training within 30 days of employment. A firm's owner, manager, and  
employees are responsible for following the firm's emergency and discharge response  
plan procedures.  
(6) All of the following provisions apply to emergency equipment and supplies:  
(a) Every storage facility shall have access to pumps and recovery containers that  
can be used to control and recover discharges. Pumps, recovery containers, and  
persons who are capable of deploying and operating pumps and recovery containers  
shall be readily available in an emergency. Pumps and recovery containers may  
include pumps and recovery containers that are operated by a localfire department or  
other persons if the use and availability of the pumps and recovery containers is  
arranged in advance as part of a discharge response plan.  
(b) Absorbent materials that are suitable for the control and cleanup of smaller  
discharges shall be readily available to every storage facility.Used absorbent materials  
shall be disposed of properly.  
(c) Reportable agrichemical spills, as defined in the provisions of SARA title III and  
CERCLA, shall be immediately reported by telephone to both of the following entities:  
(i) Michigan department of natural resources, 1-800-292-4706, available 24 hours a  
day.  
(ii) National response center, 1-800-424-8802.  
(d) Any discharge that is not covered by the provisions of SARA title III or  
CERCLA pertaining to reportable agrichemical spills shall be immediately reported to  
the department of natural resources.  
(7) Full compliance with the provisions of this rule is required on the effective date of  
this rule.  
History: 1992 AACS.  
R 285.640.16 Inspection and maintenance requirements.  
Rule 16. (1) An operator of a storage facility shall maintain all of the following so as  
to minimize the risk of a discharge:  
(a) Storage facilities.  
(b) Secondary containment areas.  
(c) Operational areas.  
(d) Storage containers.  
(e) Appurtenances.  
(2) An operator of a storage facility shall inspect all of the following at least once every  
month when the facility is being utilized for the storage of bulk pesticides:  
(a) The facility.  
(b) Secondary containment areas.  
(c) Operational areas.  
(d) Storage containers.  
(e) Appurtenances. The inspection shall include a visual observation for  
evidence of leaks, spills, cracks, solar decay, or wear.  
any  
(3) All secondary containment and operational areas shall be maintained free of debris  
and foreign matter.  
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(4) Elephant rings shall be inspected by the operator at least once every month and  
shall be maintained as necessary to assure compliance with this rule.  
(5) A written record of all inspections and maintenance shall be made on the day of  
the inspection or maintenance and shall be kept at the storage site or at the nearest  
local office from which the storage site is administered.  
(6) Full compliance with the provisions of this rule is required on the effective date of  
this rule.  
History: 1992 AACS.  
R 285.640.17 Recordkeeping requirements.  
Rule 17. (1) All of the following records shall be prepared and maintained on  
file at every storage facility or at the nearest local office from which the storage  
facility is administered:  
(a) A record of all discharges to the environment or spills within containment areas  
at the storage facility, including all of the following information:  
(i) The date and time of the discharge or spill.  
(ii) The type and volume of the liquid bulk pesticide or dry bulk pesticide  
involved.  
(iii) The cause and any action taken to control or recover the discharge or spill.  
(iv) The method of use or disposal of any recovered materials. This record shall be  
completed on the day the discharge or spill is discovered and shall be promptly  
updated to show measures taken to control, recover, use, or dispose of the recovered  
materials.  
(b) An inventory reconciliation for each storage container. When facilities are in  
use for storage, an inventory reconciliation shall be conducted at least once each year  
to compare the measured level in a storage container against shipments in and out of  
the container.  
(c) Inspection and maintenance records that pertain to any of the following as  
required by the provisions of this rule:  
(i) Storage containers.  
(ii) Appurtenances.  
(iii) Operational area containment.  
(iv) Secondary containment facilities.  
(d) Copies of department inspection reports.  
(e) A permanent record of abandoned underground containers in accordance with the  
provisions of R 285.640.12.  
(f) Facility site plan information required pursuant to the provisions of R 285.640.2(1)  
and (2).  
(2) Records shall be maintained for the following periods:  
(a) Records that are required pursuant to the provisions of subrule  
(1)(e) of this rule shall be maintained as permanent records.  
(b) Records that are required pursuant to the provisions of subrule 1(a) to  
(d) and (f) of this rule shall be maintained for not less than 3 years.  
(c) Records shall be available for inspection and copying by the department.  
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(3) Full compliance with the provisions of this rule is required on the effective date of  
this rule.  
History: 1992 AACS.  
R 285.640.18 Remediation actions.  
Rule 18. (1) If a discharge to the environment is reported or, if as a result of  
observation or laboratory analysis by a state or federal agency, it is determined that a  
discharge to the environment has occurred, an operator shall comply with all of the  
following provisions:  
(a) Remove contaminated materials from the site, determine the concentration  
of pesticide, and field-apply at or below labeled rates or properly dispose of the  
contaminated materials according to the department of natural resources directives.  
(b) Submit a revised facility site plan to the department within 90 days after being  
notified of a discharge to the environment. This revised site plan shall indicate the  
changes proposed to prevent further discharges to the environment and be reviewed  
and approved by any state or federal agency deemed necessary by the department.  
Following approval by the department, the facility operator shall implement the  
changes that are designated in the revised site plan in a time period as specified by  
the department.  
(c) If the facility operator decides to close the facility as a result of a contamination  
notification, the facility shall be closed in accordance with the provisions of R  
285.640.13.  
(2) Full compliance with the provisions of this rule is required on the effective date of  
this rule.  
History: 1992 AACS.  
R 285.640.19 Advisory information.  
Rule 19. (1) The information specified in this rule is offered by the department with  
respect to other state agencies and their policies and regulations that may have an  
impact on bulk storage facilities.  
(2) All the following provisions apply to flammable and combustible liquids:  
(a) A person who stores, or who is considering the storage of, bulk pesticides is  
advised that a number of commonly used pesticides are classified as combustible  
liquids. Act No. 207 of the Public Acts of 1941, as amended, being S29.1 et seq. of the  
Michigan Compiled Laws, defines "combustible liquids" as liquids that have a flash  
point at or above 100 degrees Fahrenheit and below 200 degrees Fahrenheit.  
Regulations  
covering the transportation and storage of these liquids have been  
promulgated by the state fire safety board. The degree of regulation regarding bulk  
storage of these hazardous liquids depends primarily upon the volume of the storage  
container and its location with respect to other sources of combustion. These  
regulations apply to all of the following areas:  
(i) Tank construction.  
(ii) Supports.  
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(iii) Location.  
(iv) Spacing.  
(v) Diking.  
(vi) Venting.  
(vii) Valves.  
(viii) Piping.  
(ix) Back flow protection.  
(x) Pumps.  
(xi) Loading and unloading facilities.  
(xii) Labeling.  
(xiii) Equipment maintenance.  
(b) Copies of the rules that apply to the storage of flammable and combustible  
liquids, as well as additional information, are available from the State Fire Safety  
Board, Fire Marshal Division, 3705 West Jolly Road, Lansing, Michigan 48911.  
(c) A list of pesticides that are classified as combustible liquids is available from the  
Michigan Department of Agriculture, Pesticide and Plant Pest Management Division,  
P.O. Box 30017, Lansing, Michigan 48909.  
(3) All the following provisions apply to discharge, spill, or release reporting and  
remediation:  
(a) A person who operates a bulk storage facility is advised that discharges, spills,  
or releases of bulk pesticide to the environment in a manner inconsistent with the  
label directions may have reporting or remedial action obligations to the department  
of natural resources.  
(b) Act No. 245 of the Public Acts of 1929, as amended, being S323.1 et seq. of the  
Michigan Compiled Laws, and known as the water resources commission act,  
regulates discharges or potential discharges into waters of the state, including  
groundwater. Copies of this act and other pertinent rules are available from the  
Michigan Department of Natural Resources, Waste Management Division, P.O. Box  
30241, Lansing, Michigan 48909.  
(c) Act No. 307 of the Public Acts of 1982, as amended, being S299.601 et seq. of the  
Michigan Compiled Laws, and known as the environmental response act,  
identifies, prioritizes, provides response activities for, and sets cleanup standards for,  
environmental contamination sites. Copies of this act and other pertinent rules are  
available from the Michigan Department of Natural Resources, Environmental  
Response Division, P.O. Box 30028, Lansing, Michigan 48909.  
(4) Both of the following provisions apply to the disposal of certain pesticides:  
(a) A person who operates a bulk storage facility is advised that the disposal of  
pesticides may be regulated by the department of natural resources.  
(b) Act No. 64 of the Public Acts of 1979, as amended, being S299.501 et seq. of the  
Michigan Compiled Laws, and known as the hazardous waste management act,  
regulates the generation, transportation, storage, and disposal of hazardous wastes.  
Copies of this act and other pertinent rules are available from the Michigan Department  
of Natural Resources, Waste Management Division, P.O. Box 30241, Lansing,  
Michigan 48909.  
(5) All the following provisions apply to the pollution incident prevention plan  
(PIPP) requirements:  
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(a) A person who operates a bulk storage facility is advised that the department of  
natural resources may require the submittal of a plan of loss prevention and recovery  
depending upon the type of material being processed or stored.  
(b) The registration application, discharge response plan, and facility site plans  
required by the provisions of R 285.640.2 may be submitted as a  
PIPP plan to the department of natural resources. The department of natural resources  
may determine that this information meets all, or only a portion of, the requirements for  
the PIPP plans.  
(c) The provisions of R 323.1151 to R 323.1169 of the water resources commission  
promulgated pursuant to Act No. 245 of the Public Acts of 1929, as amended, being  
S323.1 et seq. of the Michigan Compiled Laws, require that a pollution incident  
prevention plan be submitted for approval to the district office of the department of  
natural resources, waste management division. Copies of this act, other pertinent  
rules, district office locations, and requirements for the PIPP plans are available  
from the Michigan Department of Natural Resources, Waste Management Division,  
P.O. Box 30241, Lansing, Michigan 48909.  
(6) Both of the following provisions apply to bulk storage facility designs:  
(a) A person who operates a bulk storage facility is advised that the department,  
upon issuing a facility registration, is not liable for the structural integrity of the  
storage facility.  
(b) A licensed professional engineer should be consulted with for designs and  
construction specifications for the modification or construction of a bulk storage  
facility to meet the provisions and requirements of these rules.  
History: 1992 AACS.  
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