MICHIGAN DEPARTMENT OF AGRICULTURE  
PESTICIDE AND PLANT PEST MANAGEMENT DIVISION  
REGULATION NO. 642. ON FARM FERTILIZER BULK STORAGE  
(By authority conferred on the director of the department of agriculture by section 8513 of  
1994 PA 451, MCL 324.8513.)  
R 285.642.1 Definitions.  
Rule 1. (1) As used in these rules:  
(a) "Approved" means approval by the director of the department or his or her  
representative.  
(b) "Appurtenances" mean any of the following which are connected to a bulk fertilizer  
container or which are used for transferring bulk fertilizer between containers:  
(i) Valves.  
(ii) Gauges.  
(iii) Portable manufacturing units.  
(iv) Pumps.  
(v) Fittings.  
(vi) Hoses.  
(vii) Mixing containers.  
(viii) Plumbing.  
(ix) Metering devices.  
(c) "Aqua ammonia" means an aqueous solution of anhydrous ammonia which generally  
contains 18% to 30% of ammonia (NH3) by weight and which has a vapor pressure that  
usually varies from 0 to 10 pounds per square inch gauge (psig) at 104 degrees Fahrenheit.  
(d) "Bulk fertilizer" means fluid fertilizer in a single container that has a capacity of more  
than 2,500 United States gallons, or a combined total capacity for all storage containers or  
tanks located at a single site or location greater than 7,500 United States gallons. For  
purposes of this rule, use solutions and rinsates are bulk fertilizers if they are in containers  
that meet the capacities specified in this subdivision.  
(e) "Department" means the Michigan department of agriculture.  
(f) "Discharge" means an uncontained release to the environment in a quantity that is more  
than 55 United States gallons of bulk fertilizer. "Discharge" does not include a fully  
contained transfer of bulk fertilizer that is made pursuant to storage, distribution, or  
intended agronomic use.  
(g) "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.  
(h) "Existing bulk storage facility" means a facility that on the effective date of this rule,  
is being used to store or hold bulk fertilizers where the location of bulk containers remains  
the same whether bulk containers are replaced, added to, or reorganized.  
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(i) "Farm" means the land, plants, animals, buildings, structures, including ponds used for  
agricultural or aquacultural activities, machinery, equipment, and other appurtenances used  
in the commercial production of farm products.  
(j) "Farm fertilizer bulk storage" means the storage of bulk fertilizer by an agricultural  
producer for use in an agricultural operation that is owned, operated, or controlled by that  
producer.  
(k) "Farm storage facility" means a facility which is used to store or hold bulk fertilizer  
and which is owned, operated, controlled, or leased as part of the farm operation or by a  
person who uses bulk fertilizer for his or her own agricultural use.  
(l) "Fertilizer" means a substance containing 1 or more recognized plant nutrients, which  
substance is used for its plant nutrient content and which is designed for use, or claimed to  
have value, in promoting plant growth. Fertilizer does not include unmanipulated animal  
and vegetable manures, marl, lime, limestone, wood ashes, and other materials exempted  
by rules promulgated under this part.  
(m) "Field operations" means the application of fertilizer to soil or plants in the course of  
normal agricultural or horticultural practice.  
(n) "Floodplain", for the purpose of this rule, means any land area that is subject to a 1%  
or greater chance of flooding. This is equivalent to a 100-year flood.  
(o) "Fluid fertilizer" means fertilizer in fluid form and includes solutions, emulsions,  
suspensions, and slurries. "Fluid fertilizer" does not include anhydrous ammonia.  
(p) "Groundwater" means underground water within the zone of saturation.  
(q) "Mobile container" means a container designed or used for transporting fertilizer.  
(r) "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.  
(s) "Operational area" means an area or areas at a farm storage facility where bulk  
fertilizers are transferred, loaded, unloaded, mixed, or refilled.  
(t) "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 fertilizer from an operational area.  
(u) "Primary containment" means the storage of bulk fertilizer in storage containers at a  
storage facility.  
(v) "Rinsate" means the liquid that is generated from the rinsing of the interior surface of  
any fertilizer application equipment or fertilizer container that has come in direct contact  
with any fertilizer. "Rinsate" includes the liquid that is generated by cleaning a containment  
area in accordance with the provisions of R 285.642.10(2).  
(w) "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 fertilizer from bulk storage containers and appurtenances.  
(x) "Spill" means a contained release, within a containment area or operational pad, in  
a quantity that is more than 55 United States gallons of bulk fertilizer. "Spill" does not  
include a fully contained transfer of bulk fertilizer that is made pursuant to storage,  
distribution, or intended agronomic use.  
(y) "Storage container" means a container, rail car, nurse tank, or mobile container that is  
used for the storage of bulk fertilizer. "Storage container" does not include any of the  
following:  
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(i) A mobile container that stores bulk fertilizer at a farm storage facility for less than 30  
consecutive days.  
(ii) A mobile container that is located other than on property which is owned, operated,  
or controlled by an owner or operator of a farm storage facility for less than 30 consecutive  
days.  
(iii) A container which is 2,500 gallons or less and which is used solely as emergency  
storage for leaking fertilizer containers.  
(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", for the purposes of this rule, 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, transportation, or nurse equipment. "Washwater" does not  
include the liquid that is generated by cleaning a containment area in accordance with the  
provisions of R 285.642.10(2).  
History: 2003 AACS.  
R 285.642.2 General department authority and compliance periods.  
Rule 2. (1) Farm storage 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 5 years to comply with all portions of this rule.  
(2) After the compliance period has been reached, a person shall not operate a farm storage  
facility in Michigan unless it has met all of the requirements of these rules, or has a plan  
approved by the department, which includes a specified time frame.  
(3) The department may exempt any person from a requirement under these rules if  
compliance is not technically feasible, as determined by the department, 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.  
History: 2003 AACS.  
R 285.642.3 Siting of farm storage facilities.  
Rule 3. (1) The siting of a farm 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 285.642.1(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 1976 PA 399, MCL 325.1001 et seq.  
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(d) A minimum of 800 feet from type IIb and type III public water supply wells, as defined  
by the provisions of 1976 PA 399, MCL 325.1001 et seq.  
(e) A minimum of 150 feet from all other drinking water supply wells that are not defined  
by the provisions of 1976 PA 399, MCL 325.1001 et seq.  
(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 1976 PA 399, MCL 325.1001 et seq.  
(b) A minimum of 75 feet from type IIb and type III public water supply wells, as defined  
by the provisions of 1976 PA 399, MCL 325.1001 et seq.  
(c) A minimum of 50 feet from all other drinking water supply wells that are not defined  
by the provisions of 1976 PA 399, MCL 325.1001 et seq.  
(4) All farm storage facilities shall utilize appropriate engineering safeguards as approved  
by the department to prevent groundwater or surface water contamination if the floodplain,  
surface water, or water supply setback requirements in subrules (2) and (3) of this rule  
cannot be met.  
(5) Bulk storage construction standards for primary and secondary 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) United States department of agriculture natural resources conservation service.  
(e) A state licensed professional engineer.  
(f) Other sources recommending facilities based on standard engineering design, as  
approved by the department.  
(6) The department is not liable for the structural integrity of a department-approved  
storage facility.  
History: 2003 AACS.  
R 285.642.4 Primary containment of bulk liquid fertilizer.  
Rule 4. (1) Storage containers and appurtenances shall be constructed, installed, and  
maintained to prevent the unintentional discharge of fluid fertilizer.  
(2) Storage containers and appurtenances shall be constructed of materials that are  
resistant to corrosion, puncture, or 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.  
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(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 bulk fertilizers.  
(6) Storage containers and appurtenances shall be constructed of materials that are  
compatible with the product or products being stored and handled.  
(7) Storage containers shall not be filled beyond the capacity for which they are designed,  
taking into account the physical characteristics of the fluid that is being stored.  
(8) Flexible connections and properly supported appurtenances shall be utilized as  
dictated by standard engineering practices to reduce vibrational and stress-related  
deterioration.  
(9) Backflow protection or a fixed air gap shall be utilized to protect water lines as  
required by standard engineering and plumbing practices.  
(10) Primary containment piping shall be located above the ground and within secondary  
containment. The end of primary containment piping or any manifold device shall remain  
within secondary containment.  
(11) Storage containers shall be anchored, elevated, or secured by some other means as  
necessary to prevent flotation or instability.  
(12) Mobile storage containers that contain liquid fertilizer shall be stored not less than  
100 feet from a water well or surface water.  
(13) A person shall not store liquid fertilizer in a container that is located underground.  
(14) An adequate distance to allow for inspection and maintenance shall be maintained  
between storage containers and between storage containers and the secondary containment  
wall.  
(15) Facilities that have existing secondary containment areas on the effective date of this  
rule which do not provide adequate distance to allow for inspection and maintenance, shall  
provide this distance at the time any physical changes to storage containers or the  
secondary containment takes place.  
(16) Storage containers shall be labeled as fertilizer in order to identify the contents  
within. The storage container labeling shall be in a prominent location with lettering that  
is a minimum of 4 inches in height.  
History: 2003 AACS.  
R 285.642.5 Liquid level gauging devices.  
Rule 5. (1) All storage containers shall have the capability to have the liquid level within  
the storage container measured readily and safely.  
Liquid level gauging may be accomplished using any of the following:  
(a) Tank markings.  
(b) See-through gradations.  
(c) Dip sticks.  
(d) Site gauge tubes.  
(e) Other means for accurately measuring the contents as approved by the department.  
(2) Exterior liquid level gauging devices shall be secured to protect against breakage or  
vandalism.  
(3) Storage containers with external sight gauges shall have a lockable bottom valve.  
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History: 2003 AACS.  
R 285.642.6 Security requirements.  
Rule 6. (1) Storage containers and appurtenances shall be secured to provide reasonable  
protection from wildlife, vandalism, and unauthorized access at all times. The container  
and appurtenance may be secured using any of the following:  
(a) Fencing.  
(b) Lighting.  
(c) Locks.  
(d) Other means to prevent tampering as approved by the department.  
(2) For non-application season storage, all appurtenances and valves on storage containers  
or mobile containers shall be locked or otherwise secured.  
(3) All storage containers 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.  
(4) For multiple valves that are located on a single line, the valve closest to its storage  
container shall be securable.  
(5) Valves on empty containers shall be closed.  
History: 2003 AACS.  
R 285.642.7 Secondary containment of bulk liquid fertilizer.  
Rule 7. (1) Primary storage containers of bulk fertilizer shall be located within a diked  
containment area. Construction of a containment area with a discharge valve or drain is not  
permitted after the effective date of this rule.  
(2) Capacity for secondary containment areas shall meet all of the requirements, as  
applicable:  
(a) Secondary containment areas 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) Secondary containment areas 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 constructed before the effective date of this rule and not  
having a capacity that includes the 6-inch rainfall are 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 areas not protected from rainfall shall provide for a complete  
separation between bulk fertilizers and bulk pesticides while maintaining the capacity  
requirements specified in subdivisions (a) to (c) of this subrule.  
(e) Tile drainage that underlies areas which are contained by earthen dikes shall be  
eliminated.  
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(3) Construction for secondary containment areas shall meet all of the following  
requirements:  
(a) The walls and floors 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) Earth.  
(ii) Steel.  
(iii) Poured reinforced concrete.  
(iv) Precast concrete modules.  
(v) Solid masonry.  
(vi) Other materials designed to withstand a liquid discharge, as approved by the  
department.  
(b) All joints, seams, and cracking 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 safe access and exiting.  
(d) Earthen walls shall have a horizontal-to-vertical slope consistent with standard  
engineering practice, shall be packed and protected from erosion, and the top shall not be  
less than 2.5 feet wide.  
(e) Piping shall not be installed through the secondary containment wall, except for  
interconnections between multiple secondary containment structures. This prohibition  
does not apply to existing bulk storage facilities with properly engineered, monitored, and  
maintained through-wall piping, as determined by the department.  
(f) The floor of a secondary containment area may slope to a watertight catch basin or  
sump.  
(g) Secondary containment areas that are constructed of permeable materials shall be lined  
with concrete, steel, synthetic liners, or a clay liner to achieve water tightness.  
(h) When steel plates are used as a liner, they shall be protected against corrosion and  
joined in a manner to provide watertight joints.  
(i) Synthetic liners shall have a minimum thickness of 30 mils (0.8 millimeters) and  
be compatible with the materials being stored within the secondary containment area.  
(j) 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.  
(k) Soil or earthen liners may be used for fertilizer bulk storage secondary containment  
structures and shall meet all of the following requirements:  
(i) Soil liners shall be maintained free of major cracking and vegetation.  
(ii) The surface soil shall be sealed, including the berm of an earthen dike with a sealing  
agent, such as sodium bentonite, attapulgite, or a similar clay material.  
(iii) The soil liner shall be constructed in accordance with standard engineering  
recommendations to achieve a coefficient of permeability not more than 1.0 x 10-6 cm/sec  
at construction and which is maintained at 1.0 x 10-5 cm/sec.  
(l)Sump construction shall be of the same thickness on all sides including the base of  
the sump, as for the remainder of the containment area base and shall be watertight.  
(m) Design and construction specifications for the sump shall address sediment  
accumulation, sediment removal, and freeze-thaw cycles.  
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(n)The department may, based on generally accepted methodology, approve the use  
of experimental materials upon written confirmation from the manufacturer regarding  
the pertinent specifications of the material for use in fertilizer containment.  
(4) Farm storage facilities utilizing an individual storage container with a capacity of  
100,000 gallons or more, shall follow the requirements for secondary containment in the  
provisions of R 285.641.7(4), commercial fertilizer bulk storage.  
History: 2003 AACS.  
R 285.642.8 Alternative to diking for storage containers.  
Rule 8. (1) An individual storage container that has a capacity of less than 3,000 gallons  
may be contained within 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 fertilizer 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.  
(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 and shall be disposed of in accordance with the provisions of R  
285.642.10(1).  
History: 2003 AACS.  
R 285.642.9 Operational area containment of liquid fertilizer.  
Rule 9. (1) 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  
farm storage facility and who is familiar with the procedures that are used for the control  
and recovery of discharges.  
(2) Operational areas shall be utilized for transferring, loading, unloading, and mixing  
fertilizers at farm storage facilities.  
(3) A farm storage facility shall comply with one or more of the following operational  
area containment system options (a), (b), and (c):  
(a) An operational area designed and constructed of an impermeable material to  
effectively intercept and contain bulk fertilizer spills and leaks, preventing runoff or  
leaching.  
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(i) The operational area containment shall be constructed and reinforced to handle at least  
the foreseeable maximum gross load that may be on the pad. Cracks and seams shall be  
kept sealed.  
(ii) The operational area containment shall have a minimum width of 10 feet and a  
minimum length of 20 feet. Any fill or unloading point of the mobile container shall be  
positioned over the containment area during loading or unloading to assure retention of any  
discharge.  
(iii) The operational area containments shall provide the capacity to hold at least 750  
gallons or the volume of the largest application equipment tank, whichever is less.  
(b) A portable operational area containment system which meets the requirements of  
subdivision (a)(ii) and (iii) of this subrule.  
(c) A closed transfer system shall be used for all liquid fertilizer operations.  
(i) The closed transfer system shall be designed to have dry couplers on every connection  
related to fertilizer operational activities. All hoses used in this system shall follow the  
manufacturer warranty.  
(ii) An anti-overflow device shall be utilized during loading and unloading operational  
activities. An anti-overflow device includes, but is not limited to, any of the following:  
(A) An alarm.  
(B) An automatic shut-off valve such as a float.  
(C) An inline flow meter with a shut-off sensor.  
(iii) The facility shall have an empty container with at least a 150-gallon capacity under  
the point of transfer.  
(4) Operational area containment does not apply to mobile containers that are used to  
nurse field operations when at a field unloading site.  
History: 2003 AACS.  
R 285.642.10 Containment area management and operation.  
Rule 10. (1) When a secondary containment area is in use, accumulated precipitation,  
spills, or leaks within the containment area shall be managed as follows:  
(a) Accumulated liquids shall be removed by a manually activated pump. Automatic  
pumps with float switches are prohibited.  
(b) Accumulated liquids, discharges, or spills shall be promptly recovered from  
containment areas.  
(c) For accumulated liquids that do not contain any fertilizer, liquids may be discharged  
from containment areas as surface runoff but shall not be discharged directly into any  
surface water, waterway, storm drain, or field tile.  
(d) For accumulated liquids that may contain fertilizer, liquids shall be removed from  
containment areas and may be applied at agronomic rates to sites where the fertilizer can  
be utilized as intended.  
(e) If a spill occurs within a containment area and following collection and recovery  
of the fertilizer containing liquids, the area shall be cleaned in accordance with the  
provisions of subrule (2) of this rule before resuming the management practice of  
discharging non-fertilizer containing accumulated liquids as surface runoff.  
(2) For cleaning containment areas, all of the following requirements apply:  
(a) Wash the area using a biodegradable cleaner.  
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(b) Double rinse the area using clean water.  
(c) Remove all rinsate that is generated by the containment area cleaning process.  
(3) Earthen dikes shall be promptly remediated if there is a spill or leak, which may  
require the removal of the soil in the containment area. Soil remediation shall be carried  
out under the direction of the department based on soil type and concentration levels.  
History: 2003 AACS.  
R 285.642.11 Site closure and discontinuation of operation.  
Rule 11. (1) If a farm storage facility is closed or operations are discontinued, then both  
of the following provisions shall be complied with:  
(a) All fertilizers, rinsates, washwaters, and other materials that contain fertilizers shall  
be removed from the facility site and utilized for the original intended purpose of the  
product or disposed of in a manner that is approved by the department.  
(b) The storage containers at the facility shall be thoroughly cleaned by double rinsing or  
the equivalent.  
History: 2003 AACS.  
R 285.642.12 Discharge response plan.  
Rule 12. (1) An operator of a farm storage facility shall prepare a site specific written  
discharge response plan for the storage facility. At a minimum, the plan shall include all of  
the following information:  
(a) Site plan depicting all structures, on-site wells, nearby sensitive areas and wells,  
surface water, runoff routes, and ditches.  
(b) Location of storage and handling areas including containers and their general contents.  
(c) Identities and telephone numbers of the persons or agencies that are to be contacted in  
the event of a discharge, including the persons who are responsible for the stored fertilizer.  
(2) An operator shall keep the plan current and readily available at the farm storage  
facility.  
(3) The operator of the farm storage facility shall inform the local fire and police  
departments of the existence of the plan.  
(4) Every farm storage facility shall have an appropriate spill kit readily available in  
the event of a discharge or spill. The spill kit may include equipment, pumps, containers,  
and absorbent materials.  
(5) Any discharges to the environment shall be immediately reported to the department,  
1-800-405-0101, available 24 hours a day.  
History: 2003 AACS.  
R 285.642.13 Inspection and maintenance requirements.  
Rule 13. (1) An operator of a farm storage facility shall maintain the facility to minimize  
the risk of a discharge.  
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(2) An operator of a farm storage facility shall visually inspect the facility on a regular  
basis while the facility is being utilized for the storage of bulk fertilizer.  
(3) All secondary containment and operational areas shall be maintained free of debris  
and foreign matter.  
History: 2003 AACS.  
R 285.642.14 Remediation actions.  
Rule 14. (1) If a discharge to the environment is reported or it is determined that a  
discharge to the environment has occurred, then an operator shall comply with all of the  
following provisions:  
(a) Remove contaminated materials from the site, determine the concentration of  
fertilizer, and field-apply at or below agronomic rates or properly dispose of the  
contaminated material under the direction of the department based on the type of  
contamination and concentration levels.  
(b) 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 285.642.11.  
History: 2003 AACS.  
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;