Instructions for Notice Regarding Abandoned or Discarded Containers (October 2015)Agency: Environment, Great Lakes, and Energy
(Under the authority of Part 201, 1994 Act 451, as amended, and the Rules promulgated there under)
The Part 10 Rules (Compliance with Section 20107a) promulgated under Part 201, Environmental Remediation, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended, contain requirements related to discarded and abandoned containers.
The Part 10 Rules require that an owner or operator of property with Section 7a ("Due Care") obligations under Part 201 notify the department of the presence of discarded or abandoned containers that contain hazardous substances in a quantity that is or may become injurious to the public health, safety, welfare, or environment. Use of this form is acceptable, but not required, to satisfy the requirements of the Part 10 Rules. This notification requirement discussed above does not apply to an owner or operator who disposes of discarded or abandoned containers and their contents according to applicable state and federal laws within 45 days of becoming the owner or operator, or 45 days of acquiring knowledge of the containers, whichever is later.
Regulated underground storage tanks (USTs) and aboveground storage tanks (ASTs) are not considered abandoned or discarded. An owner of property on which regulated USTs or ASTs are located is considered to be the owner of the tanks therefore use of this form would not be appropriate. The owner or operator should take the necessary actions to comply with the state and federal requirements applicable to USTs and ASTs, including registration of the tank(s), removal of the tanks and confirmed release reporting.
"Container" is defined in the Part 10 Rules and means, "a barrel, drum, tank, vessel, surface impoundment, pipeline, or other receptacle regardless of size that contains a hazardous substance".
Completing Form EQP4476
- A complete form includes the table attached as page 2 of the form and a site map. The form is required for a person to be in/maintain compliance with Section 20107a and the Part 10 Rules.
- Questions need to be answered to the degree the requested information is available, consistent with the definition of "all appropriate inquiry" in Rule 1001(b). If an item is not applicable, mark N/A in the appropriate location on the form or table. Failure to complete each item on the form and table will result in the form being considered incomplete.
- Complete the table for each discarded or abandoned container or group of similar containers, non-regulated underground storage tank, and non-regulated aboveground storage tank according to the following directions.
- It should be sent directly to the DEQ office which serves the county where the property is located. A list of DEQ offices, their addresses, telephone numbers, and the counties served is attached. Please label the outside of the envelope "Rule 1015 Notice."
- Any person who intentionally submits false or fraudulent information to the DEQ is guilty of a felony and may be subject to penalties under Section 20139, including fines of up to $25,000 per violation.
Referencing the drawing required in item 4 on the Form, identify the approximate location of each container or group of containers. This only needs to be an approximate location.
B. CONTAINER SIZE AND TYPE
Describe the size and type of container. Examples include: 55-gallon steel drum, 35-gallon fiber drum, lagoon (provide dimensions), pipeline (provide diameter and length), or silo (provide volume). If the volume of the container is unknown, provide an estimate or indicate unknown. For example, if the container is a surface impoundment, but the depth is unknown, provide the known measurements. Indicate if the volume is an approximation.
C. NUMBER OF CONTAINERS
Provide either an exact count, if practical, or an approximate number of each type of container identified.
D. VOLUME OF HAZARDOUS SUBSTANCE(S)
Provide the volume of hazardous substance(s) present in each container, if known. If unknown, make a reasonable estimate. If it is impractical to estimate the volume, provide an explanation of why it is impractical to estimate the volume.
It is not necessary to conduct analytical sampling to determine the contents of a container. However, if the contents are known, provide the available information. Provide information about the contents if available, for example, a visual description of the contents (e.g., black tarry-like substance), or wording on labels, if the labels are believed to reflect the current contents of the container.
F. CONDITION OF THE CONTAINER
Describe the condition of the container before any action you may have taken to manage or contain the contents, if the current condition of the container is significantly different. Provide the freeboard available for surface impoundments and lagoons. This information is requested to allow the DEQ to assess the likelihood of a release.
G. PHOTOGRAPHS PROVIDED
Indicate whether photographs have been provided for each of the container types identified.