Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 22 - GROUNDWATER QUALITY › Section R. 323.2206 - Applicant responsibilities; compliance schedule; standard for municipal wastewater treatment system; renewal, reissuance, or modification of permit establishing effluent or groundwater limitations

Current through Vol. 24-12, July 15, 2024
Rule 2206.
(1) It
				  is the responsibility of the applicant to provide the information described in
				  these rules as required or necessary for the department to make a
				  decision.
(2) Failure to comply
				  with the terms and conditions of an authorization to discharge granted under
				  this part, failure to comply with an applicable monitoring or reporting
				  requirement, or discharging in excess of an applicable standard is a violation
				  of this part.
(3) The department
				  shall compile and keep on file a central quarterly listing of all dischargers
				  who have exceeded a standard set by these rules for the concentration of a
				  substance in the effluent or groundwater or who have failed to submit a
				  complete compliance monitoring report as required by a permit. The listing
				  shall identify the discharger and the substance or substances that exceeded the
				  effluent or groundwater standard. In addition, the department shall also
				  maintain records describing the actions taken by the department and the
				  discharger in response to an effluent or groundwater standard being exceeded
				  and the time necessary in each case to return the concentration of the
				  substance in the effluent or groundwater to below the standard set by these
				  rules. The listings and records are subject to Act No. 442 of the Public Acts
				  of 1976, as amended, being §15.231 et seq. of the Michigan Compiled Laws,
				  and known as the freedom of information act.
(4) If necessary to secure compliance with
				  this part by a person discharging to groundwater on the effective date of these
				  rules without causing impracticable disruption of the activity causing the
				  discharge, the department may establish a schedule in a permit under which the
				  discharger shall come into compliance with this part during the term of the
				  permit. The department may not authorize a discharge under this subrule unless
				  the discharge meets the requirements of R 323.2204(2)(a).
(5) A wastewater treatment system shall not
				  be subject to a more stringent standard than that contained in a permit during
				  the depreciation or amortization of the facility for the purposes of section
				  167 or 169, or both, of the tax reform act of 1986, as amended, 26 U.S.C.
				  §167 or §169, or both, but not longer than 10 years from the date of
				  permit issuance, if the treatment system meets all of the following conditions:
(a) The discharge is appropriately
				  characterized as described in R 323.2220.
(b) The treatment system is constructed after
				  the effective date of these rules to meet all applicable standards described in
				  R 323.2222.
(c) The discharge is
				  permitted under R 323.2218.
(d) The
				  discharge does not create a facility as defined in part 201 at any time during
				  the term described in this subrule.