reglab/statecodes huggingface dataset:
Michigan Administrative Code › Department - Environmental Quality › Remediation and Redevelopment Division › Part 10. Compliance with Section 20107a of Act › Part 10 - COMPLIANCE WITH SECTION 20107a OF ACT › Section R. 299.51005 - Compliance with other laws and regulations

Current through Vol. 24-12, July 15, 2024
Rule 1005.
(1) The
				  obligation of a property owner or operator to comply with all laws and
				  regulations applicable to hazardous substances is unaffected by part 201 of the
				  act and these rules, except as provided in sections 20129a(5) and 20142 of the
				  act.
(2) Other laws and regulations
				  that may be relevant to the management of hazardous substances include, but are
				  not limited to, the following:
(a) Part 55 of
				  the act (air pollution control).
(b) Part 111 of the act (hazardous waste
				  management).
(c) Part 115 of the
				  act (solid waste management).
(d)
				  Part 211 of the act (underground storage tank regulation).
(e) Part 213 of the act (leaking underground
				  storage tanks).
(f) Part 615 of the
				  act (supervisor of wells).
(g) Act
				  No. 207 of the Public Acts of 1941, as amended, being §29.1 et seq. of the
				  Michigan Compiled Laws, and known as the fire protection code.
(h) The toxic substances control act, 15
				  U.S.C. §2601 et seq.
(i) The
				  resource conservation and recovery act, 42 U.S.C. §6901 et seq.
(j) Rules and regulations promulgated under
				  the laws listed in subdivisions (a) to (i) of this subrule.
Michigan Administrative Code › Department - Environmental Quality › Remediation and Redevelopment Division › Part 10. Compliance with Section 20107a of Act › Part 10 - COMPLIANCE WITH SECTION 20107a OF ACT › Section R. 299.51007 - Compliance with section 20107a(1)(a) of act

Current through Vol. 24-12, July 15, 2024
Rule 1007.
(1) The
				  result of an activity undertaken by the owner or operator of a property is not
				  exacerbation through an increase in response activity costs if the activity
				  satisfies both of the following conditions:
(a) Any resulting increase in response
				  activity cost is small in relation to the total cost of response activity that
				  would be required to satisfy the relevant land use-based cleanup criteria and
				  other requirements of sections 20120a and 20120b of the act or section 21301a
				  of the act, as appropriate to the facility, at the time the activities are
				  undertaken. Examples of such response activity include, but are not limited to,
				  the placement of pavement or landscaping cover that constitutes a barrier to
				  direct contact.
(b) The activity
				  undertaken provides environmental or public health benefits.
Michigan Administrative Code › Department - Environmental Quality › Remediation and Redevelopment Division › Part 10. Compliance with Section 20107a of Act › Part 10 - COMPLIANCE WITH SECTION 20107a OF ACT › Section R. 299.51009 - Compliance with section 20107a(1)(b) of act; discarded or abandoned aboveground containers

Current through Vol. 24-12, July 15, 2024
Rule 1009.
(1) To
				  be in compliance with section 20107a(1)(b) of the act with respect to a
				  container at the property that is on or above the ground surface, and with
				  respect to the portion of a container that is partially on or above the ground
				  surface, an owner or operator shall manage the container in a manner that can
				  be reasonably expected to prevent a release from the container in a quantity
				  which is or may become injurious to the public health, safety, or welfare or to
				  the environment. However, if the container is too large to allow it to be moved
				  practically to inspect the integrity of the entire container, then the owner or
				  operator shall prevent a release in a quantity that is or may become injurious
				  to the public health, safety, or welfare or to the environment that would be
				  evident from inspection of the visible portions of the container and the
				  surrounding surface.
(2) If
				  containers are located inside a structure that, upon reasonable inquiry, is
				  determined to be deteriorating, then the owner or operator shall take
				  reasonable and prudent measures to assure that deterioration of the structure
				  does not lead to damage to the containers which may result in a
				  release.
(3) If a release occurs
				  from a container as a result of a failure to comply with subrule (1) or (2) of
				  this rule, then the owner or operator shall stop the release and take all other
				  steps necessary to comply with requirements applicable to a new
				  release.
(4) The requirements of
				  this rule shall be in addition to the requirements of other applicable laws and
				  regulations to which the owner or operator is subject, except as provided in
				  sections 20129a(5) and 20142 of the act.
Michigan Administrative Code › Department - Environmental Quality › Remediation and Redevelopment Division › Part 10. Compliance with Section 20107a of Act › Part 10 - COMPLIANCE WITH SECTION 20107a OF ACT › Section R. 299.51011 - Compliance with section 20107a(1)(b) of act; belowground containers

Current through Vol. 24-12, July 15, 2024
Rule 1011.
(1) To
				  be in compliance with section 20107a(1)(b) of the act with respect to
				  belowground containers at the property, an owner or operator shall prevent or
				  eliminate any unacceptable exposure to hazardous substances in, or released
				  from, a belowground container and shall eliminate any fire and explosion hazard
				  resulting from hazardous substances in, or released from, a belowground
				  container.
(2) Compliance with
				  section 20107a of the act does not require that belowground containers be
				  emptied, unless a container must be emptied to satisfy a performance standard
				  under this rule. Other requirements to which the owner or operator is subject
				  may require belowground containers, such as underground storage tanks, to be
				  emptied. R 299.51005 identifies some other potentially applicable laws and
				  rules.
Michigan Administrative Code › Department - Environmental Quality › Remediation and Redevelopment Division › Part 10. Compliance with Section 20107a of Act › Part 10 - COMPLIANCE WITH SECTION 20107a OF ACT › Section R. 299.51013 - Unacceptable exposure; mitigation

Current through Vol. 24-12, July 15, 2024
Rule 1013.
(1)
				  Except as provided in subrule (6) of this rule, the requirements of section
				  20107a(1)(b) of the act and these rules to mitigate unacceptable exposure shall
				  be satisfied if a person does all of the following:
(a) Eliminates the exposure or reducing the
				  exposure to the degree that it is no longer unacceptable as that term is
				  described in subrules (3), (4), and (5) of this rule.
(b) Undertakes response activity at the
				  property as necessary to mitigate off-property risks resulting from erosion of
				  surface soils at the property or from dispersion of particulate or volatile
				  hazardous substances in surface soils at the property.
(c) Complies with R 299.51005, R 299.51009, R
				  299.51011, and R 299.51015 to R 299.51019 with regard to conditions at the
				  property.
Michigan Administrative Code › Department - Environmental Quality › Remediation and Redevelopment Division › Part 10. Compliance with Section 20107a of Act › Part 10 - COMPLIANCE WITH SECTION 20107a OF ACT › Section R. 299.51015 - Notice to department of discarded or abandoned containers

Current through Vol. 24-12, July 15, 2024
Rule 1015.
(1)
				  Except as provided in subrules (2), (3), and (4) of this rule and in R
				  299.51021, an owner or operator who is subject to section 20107a of the act
				  shall notify the department, in writing, of the presence of discarded or
				  abandoned containers at the property that contain a quantity of hazardous
				  substance which is or may become injurious to the public health, safety, or
				  welfare or to the environment. The owner or operator shall provide the required
				  notice by September 11, 1999, within 45 days of becoming the owner or operator,
				  or within 45 days of acquiring knowledge of the discarded or abandoned
				  containers, whichever is later. The notice required by this rule shall include
				  all information known to the owner or operator about the number, type, size,
				  and contents of the discarded or abandoned containers.
(2) The notification requirement of subrule
				  (1) of this rule does not apply to an owner or operator who disposes of
				  discarded or abandoned containers and their contents according to all
				  applicable laws and regulations by September 11, 1999, within 45 days of
				  becoming the owner or operator, or within 45 days of acquiring knowledge of the
				  discarded or abandoned containers, whichever is later. If the response activity
				  is not complete within 45 days, then an owner or operator shall give notice
				  that would otherwise have been required by subrule (1) of this rule to the
				  department within 14 days after the end of the 45-day period provided in this
				  subrule to complete the response activity.
(3) In place of the notice required by
				  subrule (1) of this rule, a person who owns or operates an underground storage
				  tank that is subject to notice or registration requirements, or both, under
				  other state or federal requirements shall comply with the notice or
				  registration requirements.
(4) If
				  an owner or operator discloses a baseline environmental assessment under
				  section 20126(1)(c)(ii) of the act, and the baseline environmental assessment
				  includes identification of discarded or abandoned containers at the property on
				  a form provided by the department for that purpose, then separate notice under
				  subrule (1) of this rule is not required. Identification of an underground
				  storage tank in a baseline environmental assessment does not eliminate or
				  modify the obligation of an owner or operator to comply with any notice or
				  registration requirements applicable to the underground storage tank under
				  other state or federal requirements.
Michigan Administrative Code › Department - Environmental Quality › Remediation and Redevelopment Division › Part 10. Compliance with Section 20107a of Act › Part 10 - COMPLIANCE WITH SECTION 20107a OF ACT › Section R. 299.51019 - Mitigating fire and explosion hazards; action and notice required

Current through Vol. 24-12, July 15, 2024
Rule 1019.
(1) An
				  owner or operator who is obligated to mitigate a fire or explosion hazard under
				  section 20107a(1)(b) of the act shall provide immediately notify the local fire
				  department of the hazard and shall take such other steps as are reasonable and
				  prudent under the circumstances to mitigate or eliminate the hazard.
(2) If initial action does not permanently
				  abate the fire and explosion hazard, then, within 7 days after notice is
				  provided under subrule (1) of this rule, the owner or operator shall provide
				  written notice to the department. The notice shall include all of the following
				  information:
(a) A description of the
				  conditions that resulted in a fire or explosion hazard.
(b) The date and time that notice was
				  provided to the local fire department.
(c) A description of the response provided by
				  the local fire department.
(d) A
				  description of conditions which remain that may require additional action to
				  mitigate fire or explosion hazards due to hazardous substances at the
				  property.
Michigan Administrative Code › Department - Environmental Quality › Remediation and Redevelopment Division › Part 10. Compliance with Section 20107a of Act › Part 10 - COMPLIANCE WITH SECTION 20107a OF ACT › Section R. 299.51021 - Applicability of rules to persons who have received affirmative determinations of compliance with section 20107a of act under section 20129a of act

Current through Vol. 24-12, July 15, 2024
Rule 1021. If, before March 11, 1999, a person received a
					 determination from the department under section 20129a of the act that the
					 person's proposed use of a facility satisfies the person's obligations under
					 section 20107a of the act, then these rules shall not be applied retroactively
					 to impose additional obligations upon the person or alter the department's
					 determination with regard to the compliance analysis that was submitted. If the
					 department's affirmative determination was conditioned on the implementation of
					 response activity, then this rule shall apply to the owner or operator only if
					 the response activity was implemented in a timely manner.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Shorelands Protection and Management › Section R. 281.22 - High-risk erosion areas

Current through Vol. 24-12, July 15, 2024
Rule 2.
(1) Not less
				than 30 days before the designation of a high-risk erosion area, the department
				shall mail predesignation letters to the affected landowners of record as shown
				in the last assessment rolls. The letters shall explain that the property is
				being considered for designation as a high-risk erosion area and shall invite
				comments from the affected landowners. The department shall schedule a meeting
				before the designation is made to explain the proposed designation to property
				owners and local governmental agencies.
(2) The department shall designate a
				high-risk erosion area upon its finding that recession of the landward edge of
				the zone of active erosion has been occurring at an average annual rate of 1
				foot or more per year, based on a minimum period of 15 years. Similar recession
				rates along a reach of shoreland shall be grouped and an average calculated for
				each reach. The designation shall contain the projected recession distance used
				to establish the setback line for any future permanent structure. The projected
				recession distance shall be based on a projected 30-year period of recession
				for small permanent structures and a projected 60-year period for large
				permanent structures. An additional 15 feet shall be included in the projected
				recession distance to provide protection from severe short-term erosion losses.
				This additional 15 feet shall replace, and not be in addition to, the 15 feet
				previously added due to recession rate variability. If this change results in
				an increase in the projected recession distance, it shall not be effective
				until the landowner receives written notice.
(3) In designating a high-risk erosion area,
				the department shall notify the landowner of record and the local government
				agency affected thereby. The notice of designation shall be delivered
				personally or sent, by certified mail, to the landowner of record at the
				address given in the last assessment roll.
(4) The notice of designation to affected
				landowners and local governmental agencies shall include all of the following
				information:
(a) The authority and reasons for
				the designation of high-risk erosion areas.
(b) A description, graphic or otherwise, of
				the limits of the high-risk erosion area.
(c) An explanation of any regulatory measures
				which may be required in the high-risk erosion area and the regulatory role of
				the local governmental agency.
(d)
				The procedure by which the designation may be appealed.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Shorelands Protection and Management › Section R. 281.23 - Environmental areas

Current through Vol. 24-12, July 15, 2024
Rule 3.
(1) In
				determining whether an area is necessary for the preservation and maintenance
				of fish, all of the following uses shall be considered:
(a) Spawning, which is the placement and
				fertilization of eggs by fish for the propagation of young fish.
(b) Nursery, which is the utilization of an
				area by young fish as a sheltered habitat in which to feed and grow.
(c) Feeding, which is the process of
				obtaining and ingesting plant or animal matter necessary for maintaining growth
				and life functions.
(d) Protection,
				which is the utilization of an area as escape cover from predators or
				unsuitable environmental conditions.
(e) Migration, which is a daily or seasonal
				movement.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Shorelands Protection and Management › Section R. 281.26 - Rescission

Current through Vol. 24-12, July 15, 2024
Rule 6. R 281.1 to R 281.19 of the Michigan Administrative
				  Code, appearing on pages 7129 to 7132 of the 1974 Annual Supplement to the Code
				  and pages 6 to 8 of Quarterly Supplement No. 87 to the Code, are
				  rescinded.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Inland Lakes and Streams › Section R. 281.811 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 1.
(1) As used
				in these rules:
(a) "Act" means Act No. 451 of
				the Public Acts of 1994, as amended, being S324.101 et seq. of the Michigan
				Compiled Laws.
(b) "Applicant"
				means a person applying for a permit under the act.
(c) "Bottomland dredging" means dredging of
				channels and canals and the removal of any rock, stone, soil, or other material
				from bottomlands.
(d) "Bottomland
				filling" means the placement of rock, stone, soil, or other material on
				bottomlands.
(e) "Placement of
				structures on bottomlands" does not mean the installation of clear span
				overhead utility wires if they do not restrict navigation for watercraft that
				typically ply the waterway and if they provide equal or greater clearance than
				other permanent overhead restrictions in the immediate area or utility lines
				installed as an integral part of a bridge superstructure and above the
				elevation of the low beam or utility lines immediately above the top of a
				culvert.
(f) "Public trust" means
				all of the following:
(i) The paramount right
				of the public to navigate and fish in all inland lakes and streams that are
				navigable.
(ii) The perpetual duty
				of the state to preserve and protect the public's right to navigate and fish in
				all inland lakes and streams that are navigable.
(iii) The paramount concern of the public and
				the protection of the air, water, and other natural resources of this state
				against pollution, impairment, and destruction.
(iv) The duty of the state to protect the
				air, water, and other natural resources of this state against pollution,
				impairment, or destruction.
(g) "Reasonable sanding of beaches to the
				existing water's edge" means placing a layer of sand which is free of organic
				or other pollutant materials and which does not shift the location of the
				existing ordinary high watermark or shoreline contour.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Inland Lakes and Streams › Section R. 281.812 - Permit applications

Current through Vol. 24-12, July 15, 2024
Rule 2.
(1) An
				application for permit shall be made on a form as prescribed and provided by
				the department. Application forms may be obtained from the land resource
				programs division of the department of natural resources or from any designated
				field office of the department.
(2)
				An application for a permit shall not be deemed as received or filed with the
				department until all information requested on the application form, the
				application fee, and any other information requested by the department have
				been received by the department. For purposes of determining when the period
				for granting or denying a permit begins, an application shall not be deemed to
				be filed with the department until all information requested by the department
				has been received.
(3) Application
				fees shall be submitted to the department with the initial submittal of an
				application form. The fee shall be paid by check, money order, or draft made
				payable to: "State of Michigan."
(4) After receipt of an otherwise complete
				application, the department may request such additional information,
				environmental assessments, waterway design calculations, records, or documents
				as are determined to be necessary to make a decision to grant or deny a
				permit.
(5) An application shall be
				considered to be withdrawn and the file for the application shall be closed if
				an applicant fails to respond to any written inquiry or request from the
				department within 30 days of the request.
(6) An application for a permit to construct
				or replace a bridge or culvert shall include complete plans and specifications
				describing the proposed work.
(7)
				When the proposed project includes activities at multiple locations or numerous
				lakes or streams, the applicant may submit a preliminary site plan showing the
				proposed work and all lakes or streams involved. After completing a timely
				field investigation, the department shall advise the applicant of those
				activities which require a permit.
(8) An application to construct a new marina
				or expand the watercraft handling capacity of an existing marina shall include
				documentation as to how the facility will provide watercraft sanitary holding
				tank pumpout services as required under section 5 of Act No. 167 of the Public
				Acts of 1970, as amended, being S323.335 et seq. of the Michigan Compiled
				Laws.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Inland Lakes and Streams › Section R. 281.813 - Permit conditions

Current through Vol. 24-12, July 15, 2024
Rule 3.
(1) A permit
				shall provide that the work authorized in the permit shall be completed within
				a specified term, normally not more than 1 year from the date of issuance, or
				as otherwise determined by the department. For long- term projects, the
				department may authorize a permit for up to 5 years. The department may grant
				an extension of time. The department shall not require an administrative fee
				for processing requests for an extension of time.
(2) The department shall ensure that a permit
				that authorizes a project which involves a lake or stream crossing by pipelines
				or utilities specifically conditions the activity to be subject to the
				requirements and specifications of R 281.832.
(3) A permit does not obviate the necessity
				of receiving approval from the Drinking Water and Radiological Protection
				Division of the department or a local unit of government when applicable,
				including a local unit of government responsible for administering parts 91 and
				323 of the act and the United States army corps of engineers, where
				applicable.
(4) The department
				shall not issue a permit, except for a conditional permit or a permit under a
				minor project category, until 20 days after the mailing of the list to each
				eligible subscriber as provided for in section 30105(1) of the act.
(5) Upon request, the department shall
				provide any person with a copy of a permit application and supporting documents
				under Act No. 442 of the Public Acts of 1976, as amended, being S15.231 et seq.
				of the Michigan Compiled Laws.
(6)
				The department may consider a mitigation plan submitted by the applicant and
				incorporate the mitigation actions as permit conditions for the improvement of
				the existing resources or the creation of a new resource to offset resource
				losses resulting from the proposed project, if acceptable.
(7) The department may reissue a permit for
				an expired permit without an additional fee if a written request is made within
				1 year of the expiration date of the expired permit. The department must find
				that the basis for issuing the original permit is still valid before reissuing
				an expired permit.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Inland Lakes and Streams › Section R. 281.814 - Environmental assessment

Current through Vol. 24-12, July 15, 2024
Rule 4. In each application for a permit, all existing and
				  potential adverse environmental effects shall be determined and the department
				  shall not issue a permit unless the department determines both of the
				  following:
(a) That the adverse
				impacts to the public trust, riparian rights, and the environment will be
				minimal.
(b) That a feasible and
				prudent alternative is not available.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Inland Lakes and Streams › Section R. 281.815 - Structure maintenance

Current through Vol. 24-12, July 15, 2024
Rule 5. The following structures may be maintained in
				  accordance with section 30103(j) of the act:
(a) Seawalls, if the repair is only of the
				seawall facing or sheeting or support piling and if the maintenance does not
				encompass more than 25% of the permitted seawall length. Cap maintenance or
				replacement can be done for 100% of permitted seawalls.
(b) Riprap shore protection structures, if
				original materials have been displaced by erosion or ice damage and the
				placement of earthen fill will not be required as part of the maintenance and
				if retrieval of the riprap will not cause disruption of adjacent
				bottomland.
(c) Noncommercial
				docks, boat hoists, and pilings.
(d) Boat ramps if the maintenance does not
				require dredging.
(e) Bridges and
				culverts, if the maintenance is of an existing in-place structure and does not
				involve removal of the structure or alteration of the watercourse, streambed,
				or adjacent banks.
(f) Dams and
				lake level control structures, if the maintenance will be conducted without
				drawing down the lake or impoundment and is limited to minor surface repairs;
				the repair or replacement of stop logs, racks, and gates; or surface
				stabilization of earthen embankment-type structures where the work is above the
				existing water surface.
(g) Docks
				and pilings of a marina that has a current operating permit from the
				department.
(h) Lake level control
				structures, if the temporary variance (winter-summer) is established by court
				order or previously permitted by the department as an impoundment operational
				variation from the crest elevation if adverse environmental impacts have not
				occurred.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Inland Lakes and Streams › Section R. 281.817 - Minor drainage structures and facilities

Current through Vol. 24-12, July 15, 2024
Rule 7. All of the following structures are minor drainage
				  structures and facilities that do not require a permit under section 30103(f)
				  of the act:
(a) Cross road culverts
				that serve only to equalize the existing water surfaces at the ends of the
				culvert.
(b) Cross road culverts
				constructed to continue the existence of drainage courses other than inland
				lake and streams.
(c) Roadside
				ditches which serve to convey storm water runoff from the highway right-of-way
				and which do not serve as a stream.
(d) Standard appurtenances, including riprap
				or other shore protection, for storm water runoff facilities, such as manholes,
				catch basins, headwalls, and outlets from offline water retention/detention
				systems.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Inland Lakes and Streams › Section R. 281.818 - Mainstream portions of natural watercourses

Current through Vol. 24-12, July 15, 2024
Rule 8. The following legally established drains are deemed
				  to be mainstream portions of natural watercourses and are not subject to permit
				  exemption pursuant to section 4(g) of the act:
(a) Grand River basin (Jackson county). Point
				of beginning: The intersection of Liberty and Milwaukee streets in the city of
				Jackson. Point of ending: The west line of Rives township, Jackson county,
				1,165 feet south of the northwest corner of section 7, T1S, R1W.
(b) Rogue River basin (Newaygo and Kent
				counties).
Point of beginning: At its intersection with the southline of
				  section 2, T10N, R12W, Tyrone township, Kent county.
Point of ending: At Ransom lake in section 12, T11N, R12W,
				  Grant township, Newago county.
(c) Shiawassee river trunk drain (Saginaw
				county).
Point of beginning: At the junction of the Shiawassee river
				  and the Flint river in section 9, T11N, R4E, James township, Saginaw
				  county.
Point of ending: At a point in mid-channel of said river in
				  section 34, T10N, R3E, Charles township, Saginaw county, approximately 0.2 mile
				  from the south line of the section.
(d) Clinton river drain.
(i) Macomb county
Point of beginning: The Market street bridge in the city of
				  Mount Clemens.
Point of ending: The Red Run drain outlet.
(ii) Oakland county
Point of beginning: At the intersection with Orchard Lake
				  road on the north line of section 32, T3N, R10E, city of Pontiac.
Point of ending: At the intersection with Auburn road on the
				  east line of section 27, T3N, R10E, city of Pontiac.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Inland Lakes and Streams › BRIDGE CONSTRUCTION › Section R. 281.821 - Conditional permits

Current through Vol. 24-12, July 15, 2024
Rule 11.
(1) The
				  department may issue a conditional permit when emergency conditions warrant a
				  project to protect property or the public health, safety, or welfare.
(2) Conditional permits shall be issued only
				  under emergency conditions. Upon a determination by the department that a
				  project would be in the best interest of both the applicant and the public, the
				  department may declare an emergency condition to exist and issue a conditional
				  permit. Physical and economic factors shall be considered in determining
				  whether an emergency condition exists.
(3) Bridge or culvert repairs or replacements
				  may be made under emergency conditions upon submitting an application and
				  receiving a conditional permit. A written report which includes details of the
				  needed emergency repairs shall accompany the application. The department shall
				  give such applications timely response.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Inland Lakes and Streams › BRIDGE CONSTRUCTION › Section R. 281.823 - Bridge construction procedures

Current through Vol. 24-12, July 15, 2024
Rule 13.
(1) Each
				  construction project shall be completed so as to prevent erosion and subsequent
				  damaging siltation of streams or lakes. The area of erodible land exposed to
				  the elements by the grading operations at any one time shall be controlled by
				  the owner's engineer and the duration of such exposure before final trimming,
				  finishing, or maintenance of the area shall be as short as
				  practicable.
(2) Gravel or stone
				  consisting of durable particles of rock and containing only negligible
				  quantities of fines shall be used for construction pads, haul roads, and
				  temporary roads in or across streams.
(3) When required by the department, a
				  sedimentation basin shall be constructed downstream from the work site to trap
				  silt and sediment resulting from construction operations. A detailed sketch of
				  a sedimentation basin is available on request from the department. The
				  collected silt and sediment shall be removed as directed by the owner's
				  engineer and the sedimentation basin shall be removed on completion of the
				  project if directed by the department. If found necessary, the department may
				  assist the owner in the design of a sedimentation basin.
(4) The disturbance of lands and waters that
				  are outside the limits of construction as staked shall be avoided.
(5) The owner shall give written notice 5
				  days before the start of work.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Inland Lakes and Streams › BRIDGE CONSTRUCTION › Section R. 281.824 - Specifications; bridge and culvert projects

Current through Vol. 24-12, July 15, 2024
Rule 14.
(1) The
				  department of transportation standard specifications (1970 or later editions)
				  listed in this rule are necessary for the protection of natural resources.
				  These specifications are intended to cover all construction and related work as
				  it affects natural resources found in and adjacent to work areas.
(2) General coverage in proposal or
				  specifications as follows:
(a) Protection and
				  restoration of property ...... Sec. 1.07.07 Std. Specs.
(b) Forest protection
				  ........................... Sec. 1.07.13 Specs.
(c) Control of water pollution and
				  siltation....Sec. 1.07.14 Specs.
(d) Borrow areas
				  ................................ Sec. 2.08.01 Std. Specs.
(e) Borrow area restoration
				  ..................... Supp. Specs.
(f) Channel excavation
				  .......................... Sec. 2.09.05 Std. Specs.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Inland Lakes and Streams › PIPELINE AND OTHER UTILITY WATER CROSSING › Section R. 281.832 - Pipelines and conduits generally

Current through Vol. 24-12, July 15, 2024
Rule 22.
(1) In
				  the planning stages for pipeline and other utility water course crossings, the
				  applicant shall consider and evaluate the economic and environmental
				  feasibility of using existing utility corridors for new installations.
				  Applicants shall also consider and evaluate the economic and environmental
				  feasibility of using directional drilling/boring technology and other available
				  methods to conduct lake and stream crossings. Based on the applicant's
				  evaluations, the applicant shall propose to use corridors and watercourse
				  crossing methods that, with all factors considered, represent the least overall
				  environmental impact while still allowing the project to be completed in a
				  reasonable and cost effective time frame.
(2) The use of directional drilling/boring
				  methods to conduct lake and stream crossings will not be regulated by part 301
				  of the act if all of the following provisions are satisfied:
(a) A minimum of 10 feet is maintained from
				  the top of the conduit and the bottom of the lake or stream.
(b) The entry and exit points are located far
				  enough away from the lake or stream banks to assure that bank disturbance does
				  not occur.
(c) The drilling or
				  boring sites (pits) are located outside of any applicable natural river
				  designation setback requirements.
(d) The drilling or boring operations will
				  not result in the eruption/release of any drilling fluids up through the ground
				  and into the lake or stream. If, however, the eruptions/releases occur below
				  the ordinary high watermark of the water body, then an after-the-fact permit
				  application shall be submitted with a detailed description of how the crossing
				  was completed, how the eruption was minimized, contained, and cleaned up, and
				  how the site was restored.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Inland Lakes and Streams › PIPELINE AND OTHER UTILITY WATER CROSSING › Section R. 281.834 - Sedimentation basins and cofferdams

Current through Vol. 24-12, July 15, 2024
Rule 24.
(1) A
				  permittee shall construct sedimentation basins or cofferdams, where required by
				  permit condition, before any other work is performed at the site crossing. The
				  permittee shall maintain sediment removal efficiency of sediment basins during
				  the development period by regular cleaning of sediment from the basins and
				  proper spoil disposal. A detail sketch of a sediment basin is available on
				  request from the department.
(2) A
				  permittee shall remove temporary weirs or cofferdams, including any materials
				  trapped by them in the control of siltation, within 2 weeks of final cleanup.
				  The department may require the intermittent removal of silt or sand by the
				  permittee during construction for proper operation of sedimentation basins. In
				  any event, a permittee shall clean the sedimentation basins before removal of
				  weirs and coffer dams.
(3) A
				  permittee shall construct weirs of continuous interlocking steel sheeting,
				  except where the department authorizes other substitute materials. When
				  specified by the department, a permittee shall furnish a detail sheet of the
				  weir installation.
(4) A applicant
				  is responsible for securing the necessary approval of private land owners where
				  temporary additional right-of-way or easement is necessary to construct and
				  operate a settling basin. An easement is not required in locations where the
				  crossing is made on state-owned lands.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Inland Lakes and Streams › PIPELINE AND OTHER UTILITY WATER CROSSING › Section R. 281.835 - Haul roads

Current through Vol. 24-12, July 15, 2024
Rule 25.
(1) The
				  method for crossing streams where temporary haul roads are being constructed
				  shall involve technologically available clear span structures, such as bailey
				  bridges or flat beds or, alternatively, haul roads shall be constructed of
				  coarse aggregate with culverts or logs, or both, laid parallel to the stream. A
				  permittee may use only course aggregate or metal or wood mats as a running
				  surface on log construction. A permittee shall protect the side slopes with
				  permanent riprap, as specified in R 281.837, up to a level 2 rows above the
				  normal water level and over the ends of the culverts.
(2) A permittee shall ensure that permanent
				  haul roads crossing streams, that is roads that are to be left in place at the
				  request of the property owner comply with part 31 of the act. The property
				  owner shall submit plans and specifications for the crossing to the department
				  together with his application for a permit to construct the
				  facilities.
(3) A permittee shall
				  ensure that both temporary and permanent haul roads have adequate top width to
				  permit passage of all construction equipment without sloughing of side
				  slopes.
(4) A permittee shall
				  ensure that culverts which are of an adequate size and length and which are
				  approved by the department are utilized in the construction of both temporary
				  and permanent haul roads.
(5) The
				  fording of streams which causes only minimal disturbance of stream banks or
				  bottomland and which results in no more than momentary sedimentation or
				  siltation is not regulated by this rule. Where temporary fording areas are
				  potentially available to the public, such as along utility easements, a
				  permittee shall place vehicle barriers to deter continuous use by the public
				  for reasons other than the original purpose of the ford.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Inland Lakes and Streams › PIPELINE AND OTHER UTILITY WATER CROSSING › Section R. 281.836 - Trench excavation

Current through Vol. 24-12, July 15, 2024
Rule 26.
(1) All
				  pipe trenches shall be excavated to a depth which will provide a minimum cover
				  of 30 inches from the bed of the stream to the top of the pipe. This minimum
				  cover shall control except where special conditions at certain water crossings
				  may warrant a lesser or greater depth of cover.
(2) Appropriate trench excavation methods
				  shall be employed to minimize material from the pipe trench flowing into the
				  stream, giving due consideration to the soil, terrain, cover, side slopes and
				  weather conditions involved.
(3)
				  The pipe trench excavation shall stop some distance from the stream to leave a
				  protective plug of 10 to 20 feet of unexcavated material at each bank. The
				  plugs shall be left in place until the pipe-laying operation across the stream
				  has begun. Bypassing of water in the trench to the side by diversion ditches or
				  by pumping may be required at certain water crossings.
(4) The trench in the stream bed may be
				  backfilled if the material used does not cause excessive siltation. Stone,
				  coarse aggregate or washed gravel shall be used where backfill is required and
				  where use of existing material will cause excessive siltation.
(5) Pumping or draining from trench
				  excavations shall be made on either side of the pipeline and not into the
				  waters of the state. The owner shall secure the necessary approval of private
				  landowners before discharging water from the trench excavation onto private
				  lands.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Inland Lakes and Streams › PIPELINE AND OTHER UTILITY WATER CROSSING › Section R. 281.837 - Stream bank protection; pipeline and utility projects

Current through Vol. 24-12, July 15, 2024
Rule 27.
(1)
				  Following the installation of the pipeline or cable, A permittee shall
				  immediately restore all work areas along or across streams or lakes and shall
				  stabilize the exposed beds and banks within 7 days, except where subsequent
				  permission is provided for a pumping and testing operation.
(2) A permittee shall ensure that all
				  disturbed stream banks have a finished slope not steeper than 1 vertical to 2
				  horizontal to prevent sloughing until stabilized by vegetative cover or riprap.
				  A permittee shall ensure that the 1 on 2 slope is graded up and back to the
				  high waterline. A permittee shall ensure that if the top of the natural bank is
				  more than 3 feet above the high waterline, a minimum 10-foot long berm is
				  constructed at the highwater line and the remaining slope is constructed upward
				  parallel with, or on a flatter slope than, the original natural bank.
(3) A permittee shall ensure that all raw
				  soil exposed above the permanent riprap protection line is sodded, riprapped,
				  or seeded, fertilized, and mulched. A permittee may use temporary riprap
				  (sandbags).
(4) A permittee shall
				  ensure that mulching, seeding, and fertilizing is done in accordance with
				  natural resource conservation service standards and specific soil test analysis
				  for appropriate fertilizer application rates.
(5) A permittee shall ensure that permanent
				  riprap is placed from the bed of the channel to an elevation necessary to
				  assure bank stabilization. A permittee shall ensure that permanent riprap is a
				  5-to-1 mix of sand to cement in burlap or canvas bags or biodegradable sacks,
				  fitted broken concrete, properly sized rock, or other material approved by the
				  department. A permittee shall ensure that riprap is free of protruding
				  reinforcing metal.
(6) A permittee
				  shall ensure that deflecting dikes, which are reinforced by 1 row of sandbags,
				  are used to divert runoff and minimize slope erosion from steep slopes adjacent
				  to water crossings where the contributing runoff could be great enough to cause
				  slope erosion. A permittee shall ensure that water is diverted to undisturbed
				  areas adjacent to the right-of-way.
(7) A permittee shall ensure that deflecting
				  dikes are placed along the top of all stream banks where the entire slope is
				  not protected with riprap. A permittee shall also place deflecting dikes at the
				  top of, and at 100-foot intervals or less on, slopes greater than
				  20%.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Inland Lakes and Streams › PIPELINE AND OTHER UTILITY WATER CROSSING › Section R. 281.838 - Final clean-up

Current through Vol. 24-12, July 15, 2024
Rule 28. Final clean-up shall consist of removing the
					 temporary haul road across the stream; reshaping the stream as nearly as
					 possible to its original configuration, width, depth and bottom material;
					 protection of the stream banks as specified in R 281.837; and removing all
					 construction material and debris from the crossing site, including any material
					 and debris downstream from the site as a result of the pipeline
					 construction.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Inland Lakes and Streams › PIPELINE AND OTHER UTILITY WATER CROSSING › Section R. 281.842 - Notification of pending applications

Current through Vol. 24-12, July 15, 2024
Rule 32. The list prepared and mailed by the department
					 under section 6(1) of the act shall include permit applications received during
					 each week. The department shall mail the list monthly to each subscriber. The
					 list shall include all of the following information:
(a) Process number.
(b) Applicant's name and address.
(c) Watercourse.
(d) Location of proposal by town, range, and
				  section.
(e) Project
				  description.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Inland Lakes and Streams › PIPELINE AND OTHER UTILITY WATER CROSSING › Section R. 281.843 - Hearings

Current through Vol. 24-12, July 15, 2024
Rule 33.
(1) The
				  department may hold a public informational hearing when a proposed project
				  appears to be controversial or when additional information is desired before
				  action by the department.
(2) All
				  other hearings shall be conducted under section 30110(2) of the act.
(3) All persons who receive notification
				  under section 30105(1) of the act shall receive not less than 10 days' prior
				  notification of any hearings held under the act.
(4) An aggrieved person requesting a formal
				  hearing under section 30110(2) of the act shall request the hearing within 60
				  days of the department's decision on an application.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Inland Lakes and Streams › PIPELINE AND OTHER UTILITY WATER CROSSING › Section R. 281.844 - Notification and inspection of completed project

Current through Vol. 24-12, July 15, 2024
Rule 34. An applicant shall notify the land and water
					 management division of the department within 10 days of completion of a project
					 to facilitate scheduling a final inspection. An applicant need not notify the
					 land and water management division of a minor project unless required as a
					 permit condition.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Inland Lakes and Streams › PIPELINE AND OTHER UTILITY WATER CROSSING › Section R. 281.845 - Special conditions

Current through Vol. 24-12, July 15, 2024
Rule 35. Whenever vertically upward bottomland
					 displacement, also called surcharge, results from filling or other activity
					 immediately adjacent to the displacement area by the applicant, he shall be
					 responsible for its timely removal at the direction of the
					 department.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Inland Lakes and Streams › PIPELINE AND OTHER UTILITY WATER CROSSING › Section R. 281.846 - Rescission

Current through Vol. 24-12, July 15, 2024
Rule 36. The rules of the department entitled "Inland Lakes
					 and Streams" being R 281.801 to R 281.810 of the Michigan Administrative Code
					 and appearing on pages 4120 to 4122 of the 1967 Annual Supplement to the Code,
					 are rescinded.