2023 Michigan Compiled Laws › Chapter 324 - Natural Resources and Environmental Protection › Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106) › Article II - Pollution Control (324.3101...324.21563) › 451-1994-II-3 - Chapter 3 Waste Management (324.11101...324.12118) › 451-1994-II-3-111 - Part 111 Hazardous Waste Management (324.11101...324.11153) › Section 324.11125 - Duties of Department Upon Receipt of Operating License Application; Establishment of Operating License Condition; Final Decision on Operating License Application; Public Hearing; Notice; Time; Extension of Deadline; Stipulations; Operation Not Prohibited by Local Ordinance, Permit, or Other Requirement; Changes or Additions to Disclosure Statement; Denial of Application; Modification or Revocation of Operating License; Conditions; Postconstruction Documentation.

324.11125 Duties of department upon receipt of operating license application; establishment of operating license condition; final decision on operating license application; public hearing; notice; time; extension of deadline; stipulations; operation not prohibited by local ordinance, permit, or other requirement; changes or additions to disclosure statement; denial of application; modification or revocation of operating license; conditions; postconstruction documentation.
Sec. 11125.
(1) Upon receipt of an operating license application that complies with the requirements of section 11123(2), the department shall do all of the following:
(a) Notify the municipality and county in which the treatment, storage, or disposal facility is located or proposed to be located; a local soil erosion and sedimentation control agency appointed pursuant to part 91; each division within the department that has responsibility in land, air, or water management; a regional planning agency established by executive directive of the governor; and other appropriate agencies. The notice shall describe the procedure by which the license may be approved or denied.
(b) Review the plans of the proposed treatment, storage, or disposal facility to determine if the proposed operation complies with this part and the rules promulgated under this part. The review shall be made within the department. The review shall include, but need not be limited to, a review of air quality, water quality, waste management, hydrogeology, and the applicant's disclosure statement. A written and signed review by each person within the department reviewing the application and plans shall be received and filed in the department's license application records before an operating license is issued or denied by the department.
(c) Integrate the relevant provisions of all permits that the applicant is required to obtain from the department to construct the proposed treatment, storage, or disposal facility into the operating license required by this part.
(d) Consider the mitigation measures proposed to be implemented as identified in section 11123(2)(m).
(e) Hold a public hearing not more than 60 days after receipt of the application.
(2) The department may establish operating license conditions specifically applicable to the treatment, storage, or disposal facility and operation at that site to mitigate adverse impacts.
(3) The department shall provide notice and an opportunity for a public hearing before making a final decision on an operating license application.
(4) The department shall make a final decision on an operating license application within 140 days after the department receives a complete application. However, if the state's hazardous waste management program is authorized by the United States environmental protection agency under section 3006 of subtitle C of the solid waste disposal act, 42 USC 6926, the department may extend the deadline beyond the limitation provided in this section in order to fulfill the public participation requirements of the solid waste disposal act. The operating license may contain stipulations specifically applicable to site and operation.
(5) A local ordinance, permit, or other requirement shall not prohibit the operation of a licensed treatment, storage, or disposal facility.
(6) If any information required to be included in the disclosure statement required under section 11123 changes or is supplemented after the filing of the statement, the applicant or licensee shall provide that information to the department in writing within 30 days after the change or addition.
(7) The department may deny an operating license application submitted pursuant to section 11123 if any information described in section 11123(2)(k)(ii) to (iv) was not disclosed as required in section 11123(2) or this section.
(8) The department shall provide notice of the final decision to persons on the organized mailing list for the facility.
(9) Following the construction of a new, expanded, enlarged, or altered treatment, storage, or disposal facility, the department shall review all information required to be submitted by the operating license. If the department finds that the owner or operator has deviated from the specific conditions established in the operating license, the department shall determine if cause exists for modification or revocation of the operating license, in accordance with provisions established by rule. At a minimum, the postconstruction documentation shall include all of the following:
(a) Updated disclosure information or a certification as described in section 11123(2)(n)(i).
(b) A certification of construction as described in section 11123(2)(n)(ii). The department shall require additional certification periodically during the operation or in order to verify proper closure of the site.
(c) A certification of capability signed and sealed by a licensed professional engineer as described in section 11123(2)(n)(iii).
(d) Information regarding any deviations from the specific conditions in the operating license.
(e) Proof of financial responsibility.
History:
1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 2010, Act 357, Imd. Eff. Dec. 22, 2010
Popular Name:
Act 451
Popular Name:
Hazardous Waste Act
Popular Name:
NREPA