The purpose of the hazardous substances overlay zone is to provide supplemental development regulations in designated areas so as to permanently protect Township properties from longterm contamination originating from the improper use, storage or generation of hazardous substances or polluting materials to ensure they remain in productive use; to prevent the migration of contaminants off the site of origin, and to protect groundwater aquifers as a means to protect those entities in the region still dependent upon well systems for their water consumption needs.

Except as specified below under Exemptions and Waivers, the provisions of the hazardous substances overlay zone, as set out in this section, shall apply to all nonresidential uses and facilities, including private and public facilities, which use, store or generate hazardous substances in a quantity greater than 100 kilograms per month (25 gallons).

A.

The project and related improvements shall be designed to protect the natural environment, including ponds, streams, creeks, rivers, wetlands, and floodplains.

B.

Storm water management and drainage facilities shall be designed to retain the natural retention and storage capacity of any wetland, water body, or watercourse, and shall not significantly increase flooding or the potential for environmental contamination of surface waters or groundwaters, on-site or off-site.

C.

General purpose floor drains shall be connected to a public sewer system or an on-site holding tank in accordance with state, county, and Township requirements. No releases to groundwater, including direct and indirect releases, shall be allowed without an applicable groundwater discharge permit or permit exclusion from the State Department of Environmental Quality.

D.

Sites at which hazardous substances and polluting materials are stored, used, or generated shall be designed to prevent spills and discharges of hazardous substances to the air, surface of the ground, groundwater, ponds, streams, creeks, rivers, wetlands or floodplains.

E.

State and federal agency requirements for storage, spill prevention, recordkeeping, emergency response, transport and disposal of hazardous substances and polluting materials shall be met.

A.

Primary containment of hazardous substances shall be product-tight.

B.

Secondary containment of hazardous substances shall be provided for all facilities. Secondary containment shall be sufficient to store the substance for the maximum anticipated period of time necessary for the recovery of any released substance. Products held in containers of five (5) gallons or less packaged for retail use shall be exempt from this subsection.

C.

Outdoor storage of hazardous substances shall be prohibited except in product-tight containers which are protected from weather, leakage, accidental damage and vandalism. Secondary containment shall be sufficient to store the substance for the maximum anticipated period of time necessary for the operator to recover any released substance, including an allowance for the expected accumulation of precipitation.

D.

Outbuildings, storage rooms, sheds and pole barns which are utilized as secondary containment shall not have floor drains which outlet to soil, a public sewer system, groundwater, nearby drains or natural water bodies unless a surface water or groundwater discharge permit has been obtained from the Michigan Department of Natural Resources according to applicable requirements of Section 3112 of Act 451 of the Public Acts of Michigan of 1994.

E.

Areas and facilities for loading and unloading of hazardous substances, as well as areas where such materials are handled, used and stored, shall be designed and constructed to prevent unpermitted discharge or runoff to floor drains, rivers, creeks, streams, floodplains, wetlands, soils, or groundwater.

A.

Existing and new underground storage tank systems as defined under Section 21101 of Act 451 of the Public Acts of Michigan of 1994, shall be registered with the authorized state agency in accordance with applicable requirements of the Environmental Protection Agency and the State Department of Natural Resources.

B.

Installation, operation, maintenance, closure and removal of underground storage tanks shall be in accordance with applicable requirements of the State Department of Natural Resources. Applicable leak detection, corrosion protection, spill prevention, and overfill protection requirements shall be met. Records shall be required to be retained and available for review by state or Township officials for a period of five (5) years for tank tightness and for a two (2) year period for retention and all other monitoring or test results.

C.

Out-of-service and/or abandoned underground storage tanks shall be emptied and permanently closed in accordance with the requirements of the State Department of Environmental Quality and the Township.

A.

The general contractor, of if none, the property owner, shall be responsible for assuring that each contractor or subcontractor evaluates each site before construction is initiated to determine if any site conditions may pose particular problems for handling any hazardous substances. For instance, hauling hazardous substances in proximity to rivers or wetlands may be improper.

B.

Hazardous substances and polluting materials stored on the construction site during the construction process shall be stored in a location and manner designed to prevent spills and unpermitted discharges to air, surface of the ground, groundwater, creeks, streams, rivers, or wetlands. Any storage of quantities greater than 100 kilograms (25 gallons) shall have secondary containment.

C.

If the contractor will be storing or handling hazardous substances or polluting materials that require a manufacturer's material safety data sheet, the contractor shall familiarize himself with the sheet, and shall be familiar with procedures required to contain and clean up any releases of the hazardous substance.

D.

Upon completion of construction, all hazardous substances and polluting materials, including containment systems no longer used or not needed in the operation of the facility, shall be removed from the construction site by the responsible contractor and shall be disposed of, recycled, or reused in a proper manner as prescribed by applicable state and federal regulations.

The following requirements are in addition to those specified under Section 3.19, Site Plan Review:

A.

Specify location and size of interior and exterior areas and structures to be used for on-site storage, loading/unloading, recycling and use or disposal of hazardous substances or polluting materials.

B.

Specify location of all underground and above-ground storage tanks for such uses as fuel storage, waste oil holding tanks, hazardous substance storage, collection of contaminated storm water or wash water, and all similar uses.

C.

Specify location of exterior drains, dry wells, catch basins, retention/detention areas, pumps, and other facilities designed to collect, store or transport storm water or wastewater. The point of discharge for all drains and pipes shall be specified on the site plan.

D.

Specify areas on the site that the applicant has reason to believe are contaminated, together with a report on the status of site cleanup, if applicable.

E.

Submit a list of the types and quantities of hazardous substances and polluting materials which will be used, stored, or generated on-site, including chemicals, hazardous substances/materials, petroleum products, hazardous wastes and other polluting materials. The list shall include common name (trade name) of materials, chemical name (components), form (liquid, pressurized liquid, solid, gas, pressurized gas, etc.), maximum quantity on hand at any one time, and type of storage containers (aboveground tank, underground tank, drums, cylinders, metal container, wooden or composition container, portable tank). Material safety data supplied to the fire department and to employees by an employer must also be submitted for site plan review purposes.

F.

Submit any state/county environmental permits necessary for the storage of and/or discharge of hazardous substances or polluting materials.

The transportation of any hazardous substance or polluting material shall be exempt from the provisions of this section provided the transporting motor vehicle or railcar is in continuous transit, or that it is transporting substances to or from a properly licensed solid or hazardous waste treatment, storage, or disposal facility.