has reason to believe is emanating from, or has emanated from, and is present
beyond, the boundary of the property that he or she owns or operates.
(4) The requirements of section 20107a of the act apply to all of the following:
(a) Discarded or abandoned containers that contain a quantity
of hazardous
substance which is or may become injurious to the public health, safety, or welfare or
to the environment.
(b) A threat of release of a quantity of hazardous substance that is or may become
injurious to the public health, safety, or welfare or to the environment.
(c) Hazardous substances that have otherwise been released at the property.The
requirements do not apply to hazardous substances being lawfully used in operations at
the property or being properly stored at the property.
(5) A person who is subject to section 20107a of the
act
shall maintain
documentation of compliance with section 20107a of the act and shall provide the
documentation to the department upon request. All of the following provisions apply
to the documentation of compliance:
(a) With regard to section 20107a(1)(b) of the act,
shall consist of all of the following:
required documentation
(i) Identification of exposure pathways that are complete, or are likely to become
complete, in light of the intended use of the property and the features of the
property, including potential exposure barriers such as structures or pavement.
(ii) Information about the concentrations of hazardous substances to which persons
may be exposed in each pathway identified through the analysis described in
paragraph (i) of this subdivision, unless a reasonable evaluation of the conditions
at the property supports the conclusion that quantification of hazardous substance
exposures is not necessary to determine that there is no unacceptable exposure
under R 299.51013.
(iii) A description of the response activity or other measures, such as work schedule
adjustments or personal protective equipment, if any, that are or may be required to
mitigate any unacceptable exposures in compliance with R 299.51013.
(iv) Records about the implementation of any response activity or other measures
not evident through inspection.
(v) Copies of any notices provided under R 299.51013(6), R 299.51015, and R
299.51017.
(b) If compliance with section 20107a of the act is accomplished by measures that
are evident as the result of inspection, such as fences, pavement, or the presence of
buildings, then ongoing documentation, beyond the initial analysis of the measures, is
not required.
(c) If a department-approved remedial action plan has been implemented at a facility,
then additional documentation
of
compliance
with section 20107a(1)(b) of
the act is not required if conditions
substances at the property remain unchanged.
that determine exposures to hazardous
(6) Except as provided in R 299.51017(4)(c), the documentation required by subrule
(5) of this rule shall, for a person who became the owner or operator of a facility
before March 11, 1999, be available to the department upon request not later than
March 11, 2000. For a person who became the owner or operator of a facility on or
after March 11, 1999, the required documentation shall be available to the department
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