Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 21 - WASTEWATER DISCHARGE PERMITS › Section R. 323.2193 - National permit; clean corporate citizen benefits

Current through Vol. 24-12, July 15, 2024
Rule 2193. An establishment that has been designated as a
					 clean corporate citizen by the department under R 324.1504 is eligible for the
					 following benefits related to national permits:
(a) A clean corporate citizen applying for
				  reissuance of a national permit may certify that the previous application
				  information, or a portion of the application, is still representative of the
				  discharge, and need not provide new discharge monitoring information, unless
				  there have been changes in state or federal application requirements since the
				  previous application was submitted. The department may request additional
				  information as necessary to process the permit.
(b) When applying for a national permit for a
				  new wastewater discharge that is not covered by a federal technology-based
				  treatment standard, a clean corporate citizen may provide its determination of
				  best professional judgment (BPJ) for technology-based effluent limitations for
				  the case-by-case determinations required under section 402(a)(1) of the federal
				  act. The department will review and use the clean corporate citizen's
				  determination of BPJ for purposes of a draft permit, unless the determination
				  is inconsistent with state or federal regulations, or is contrary to known
				  technology previously used in setting BPJ permit limitations.
(c) A clean corporate citizen that qualifies
				  for coverage under a general permit as provided in R 323.2191 is not required
				  to obtain an individual national permit solely because it is designated as a
				  major discharger by the United States environmental protection
				  agency.
(d) A nonmunicipal clean
				  corporate citizen may construct and utilize wastewater treatment processes to
				  comply with effluent limitations of a national permit without department
				  approval of the plans and specifications for the wastewater treatment
				  processes.
(e) The department shall
				  not conduct more than 1 comprehensive sampling inspection during the effective
				  period of the national permit for a clean corporate citizen, unless the
				  department has reason to believe that the permittee is not in compliance with
				  any applicable statute, rule, national permit, or enforcement order.
(f) The national permit for a clean corporate
				  citizen shall include a provision allowing the department to reduce, but not
				  eliminate, the monitoring frequency of parameters specified in the permit. The
				  department may reduce monitoring. Reduced monitoring shall be sufficient to
				  determine compliance and will be conditioned on continued compliance with
				  parameter limitations. If reduced monitoring identifies a violation of a
				  parameter limitation, then the permit shall provide for an increase in
				  monitoring until compliance is regained. A clean corporate citizen shall submit
				  a request for reduced monitoring to the department in writing. Approval of
				  reduced monitoring under this rule is not subject to the requirements in R
				  323.2159.
(g) Unless otherwise
				  required by the department, or as necessary for a complete application for
				  national permit reissuance, upon request, the department shall authorize a
				  clean corporate citizen to submit discharge monitoring reports on an annual
				  basis. This provision does not abrogate the permittee's responsibility to
				  report instances of noncompliance required to be reported by statute, rule,
				  national permit, or enforcement order.
(h) The department shall expedite its
				  response to a request from a clean corporate citizen to use a water treatment
				  additive.