Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Aquatic Nuisance Control › Section R. 323.3106 - Permit conditions

Current through Vol. 24-12, July 15, 2024
Rule 6.
(1) As a
				condition of a permit, the department may require the permittee to do any of
				the following:
(a) Notify the department not
				less than 2 working days in advance of chemical treatment.
(b) Proceed with chemical treatment only if a
				department representative is present.
(c) Allow the department or its
				representative to collect a sample of the chemical or chemicals used before or
				during any chemical treatment.
(d)
				Post the area or areas of impact before chemical treatment. All of the
				following posting requirements apply:
(i)
				Signs shall be of a brilliant color and made of durable material. Minimum sign
				dimensions shall be 14 inches by 11 inches and shall be attached to a
				supporting device with the bottom of the sign extending not less than 12 inches
				above the ground surface.
(ii)
				Posting signs shall be placed in the following locations unless the department
				determines that the locations are impractical or infeasible based upon a
				written request from an applicant which includes an explanation of the
				necessity for alternative posting locations and a description of the proposed
				posting locations:
(A) For an area or areas
				of impact that total less than 2 acres, signs shall be placed along the
				shoreline of the areas of impact not more than 100 feet apart. Riparian lands
				adjacent to the area shall also be posted, if permitted by the riparian
				owner.
(B) For an area of impact
				that is greater than or equal to 2 acres, posting signs shall be posted as in
				paragraph (ii)(A) of this subdivision. In addition, all access sites, boat
				launching areas, and private and public parks located on the waterbody shall be
				posted conspicuously, such as at the entrances, boat ramps, and bulletin
				boards, if permitted by their managers or owners. If the access sites,
				launching areas, and parks are not to be treated or are not adjacent to the
				areas of impact, then the signs shall clearly indicate the location of the
				areas of impact and shall contain the other information specified in paragraph
				(iii) of this subdivision.
(iii) At a minimum, posting signs shall
				include all of the following information:
(A)
				The permit number.
(B) The name of
				the waterbody.
(C) The date of
				treatment.
(D) The name, address,
				and telephone number of the person conducting the treatment.
(E) The name of the chemical or chemicals
				used and the restrictions on the use of treated water pursuant to the
				permit.
(F) The expiration date of
				water use restrictions for each chemical used during treatment.
(G) The phrase "do not remove posting signs
				or maps until all water use restrictions have expired."
(e) Publish a notice in a local
				newspaper or make an announcement on a local radio station regarding the
				chemical treatment. The notice or announcement shall include all of the
				following information:
(i) The permit
				number.
(ii) The name of the
				waterbody.
(iii) A list of the
				chemicals to be used with corresponding water use restrictions.
(iv) A description of the areas of
				impact.
(v) The proposed treatment
				dates.
(f) Apply
				chemicals so that swimming restrictions and fish-consumption restrictions are
				not imposed on any Saturday, Sunday, or state-declared holiday.
(g) Take special precautions to avoid or
				minimize potential impacts to human health, the environment, and nontarget
				organisms.
(h) Notify, in writing,
				an owner of any waterfront property within 100 feet of the area of impact, not
				less than 7 days, and not more than 45 days, before the initial chemical
				treatment. Written notification shall include all of the following information:
(i) Name, address, and telephone number of
				the permittee.
(ii) A list of
				chemicals proposed for use with corresponding water use restrictions.
(iii) All approximate treatment dates per
				chemical. If the owner is not the occupant of the waterfront property or the
				dwelling located on the property, then the owner is responsible for notifying
				the occupant.
(i)
				Complete and return the treatment report form provided by the department for
				each treatment season.
(j) Perform
				lake water residue analysis to verify the chemical concentrations in the
				waterbody according to a frequency, timing, and methodology approved by the
				department.
(k) Perform aquatic
				vegetation surveys according to a frequency, timing, and methodology that has
				been approved by the department prior to submittal of a permit
				application.
(l) Use chemical
				control methods for nuisance aquatic vegetation that are consistent with the
				approved vegetation management plan submitted separately or as part of a lake
				management plan. The department may approve modifications to the vegetation
				management plan upon receipt of a written request from the permittee that
				includes supporting documentation.
(m) Perform pretreatment monitoring of the
				target plant population according to a frequency, timing, and methodology that
				has been approved by the department prior to submittal of a permit
				application.