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-1 - Chapter 1 Point Source Pollution Control (324.3101...324.6539) › 451-1994-II-1-33 - Part 33 Aquatic Nuisance Control (324.3301...324.3315) › Section 324.3307 - Application; Electronic Submission; Approval or Denial Within Certain Time Period; Requirements; Failure to Satisfy Requirements.

324.3307 Application; electronic submission; approval or denial within certain time period; requirements; failure to satisfy requirements.
Sec. 3307.
(1) An application for a certificate of coverage or permit may be submitted electronically.
(2) The department shall either approve or deny an application for a certificate of coverage by the latest of the following dates:
(a) April 15.
(b) 15 working days after receipt of a complete application.
(c) Any date requested by the applicant for the certificate of coverage and agreed to by the department.
(3) If the department denies an application for a certificate of coverage, the department shall notify the applicant, in writing, of the reasons for the denial.
(4) The department shall approve an application for a permit in whole or part and issue the permit, or shall deny the application, by the latest of the following dates:
(a) April 15.
(b) 30 working days after receipt of a complete application except that this approval time is reduced to 15 working days after receipt of a complete application if the waterbody is listed on the registry under section 3315 as being infested with the particular aquatic invasive species that the applicant proposes to control under the permit.
(c) Any date requested by the permit applicant and agreed to by the department.
(5) The department shall not delay processing an application for a permit or certificate of coverage because the department has not completed processing of the fee payment accompanying the application. This subsection does not apply to an applicant if a previous fee payment offered by the applicant under section 3306 or section 3309 failed because of nonsufficient funds.
(6) If the department approves the application for a permit in part or denies the application, the department shall, by the deadline for approval or denial of the application, notify the applicant, in writing, of the reasons for the partial approval or denial.
(7) The department shall not deny an application for a certificate of coverage or a permit because it was submitted after a certain date in the year in which treatment is proposed. If the department approves an application in part or denies an application, the applicant may resubmit the application with changes to address the reasons for partial approval or denial. The resubmitted application is not subject to an additional fee.
(8) If the department fails to satisfy the requirements of subsections (2) to (7) with respect to an application for a certificate of coverage or a permit, all of the following apply:
(a) The department shall pay the applicant an amount equal to 15% of the application fee specified under section 3306 for that certificate of coverage or permit.
(b) The application shall be considered to be approved and the department shall be considered to have made any determination required for approval if all of the following apply:
(i) The proposed area of impact is the same as or entirely contained within the area of impact approved in a previous permit.
(ii) The active ingredient or trade name of each chemical proposed to be applied is the same as approved in a previous permit and each chemical is currently approved for use by the department.
(iii) The application rate and number of treatments do not exceed those approved in the previous permit.
(iv) The minimum length of time between treatments is not less than that approved in the previous permit.
History:
Add. 2004, Act 246, Eff. Oct. 1, 2004 ;-- Am. 2014, Act 253, Imd. Eff. June 30, 2014
Popular Name:
Act 451
Popular Name:
NREPA