reglab/statecodes huggingface dataset:
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 21 - WASTEWATER DISCHARGE PERMITS › Section R. 323.2127 - Public access to NPDES forms and department files and records

Current through Vol. 24-12, July 15, 2024
Rule 2127. A copy of a state or national permit
					 application, public notice, fact sheet, draft permit, and other NPDES forms
					 relating thereto, including written public comment thereon, and other reports,
					 files, and information relating to the application not classified as
					 confidential information by the department pursuant to R 323.2128 shall be
					 available for public inspection and copying during normal business hours at the
					 department office in Lansing and an appropriate district office of the
					 department in the geographical area of the applicant. Document inspection and
					 copying procedures shall be according to R 323.1015.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 21 - WASTEWATER DISCHARGE PERMITS › Section R. 323.2128 - Confidential information

Current through Vol. 24-12, July 15, 2024
Rule 2128. Upon determination by the department that public
					 disclosure of information contained on any NPDES form, except information
					 concerning effluent data or information from the files and records of the
					 department not otherwise entitled to protection against disclosure by previous
					 action of the department or of EPA, would divulge information entitled to
					 protection as trade secrets of the applicant, the department shall label and
					 otherwise handle the information as confidential, and shall notify and forward
					 the information to the regional administrator. In making its determination of
					 entitlement to protection as a trade secret, the department shall consider
					 evidence submitted by the applicant. If the department denies entitlement to
					 protection as a trade secret, the applicant, upon notification thereof, shall
					 have 30 days in which to appeal the decision to the department. If the
					 department determines, following appeal, that the information is not entitled
					 to trade secret status, then the department, not less than 30 days after the
					 applicant is notified of the decision, shall release the information for
					 inspection or copying pursuant to R 323.2127. Where EPA has previously accorded
					 trade secret status to information of an applicant, the department shall accept
					 that finding as entitlement to trade secret status for the purpose of this
					 rule. Unless otherwise determined by the regional administrator or the
					 department, all information labeled by the department as confidential shall not
					 be available to the public for inspection or copying pursuant to R 323.2127,
					 except that the information shall be made available at any time to the regional
					 administrator or other authorized representative of the United States concerned
					 with carrying out part 31 of the act or the federal act, upon written request
					 therefore.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 21 - WASTEWATER DISCHARGE PERMITS › Section R. 323.2130 - Permit applications; public hearings, determinations, and scheduling

Current through Vol. 24-12, July 15, 2024
Rule 2130.
(1)
				  Within the 30-day comment period or other applicable comment period provided
				  after posting or publishing of a public notice pursuant to R 323.2119, an
				  applicant, any affected state or state or interstate agency or country, the
				  regional administrator, or any other interested person or agency may file a
				  petition with the department for a public hearing on an application for a state
				  or national permit. A petition for a public hearing shall indicate the reasons
				  why a hearing is requested, the interest in or relationship of the petitioner
				  to the application or existing or proposed discharge identified therein, and
				  specifically indicate which portions of the application or other NPDES form or
				  information constitutes necessity for a public hearing. If the department
				  determines that a petition constitutes sufficient cause or that there is
				  sufficient public interest in an application for a public hearing, it may
				  direct the scheduling of a hearing thereon.
(2) A hearing shall be scheduled not less
				  than 4 weeks nor more than 8 weeks after the department determines the
				  necessity of the hearing in the geographical location of the applicant or, at
				  the discretion of the department, at another appropriate location, and shall be
				  noticed not less than 30 days before the hearing in the same manner as the
				  public notice on an application pursuant to R 323.2117 and R 323.2118. The
				  notice of public hearing shall be transmitted to the applicant and shall be
				  published in at least 1 newspaper of general circulation in the geographical
				  area of the existing or proposed discharge identified on the permit application
				  and shall be mailed to any person or group upon request therefore. Notice shall
				  be mailed to all persons and governmental agencies which received a copy of the
				  notice or the fact sheet for the permit application.
(3) The department may hold a single public
				  hearing on related groups of permit applications.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 21 - WASTEWATER DISCHARGE PERMITS › Section R. 323.2131 - Permit applications; public hearing notice; contents

Current through Vol. 24-12, July 15, 2024
Rule 2131. A notice by the department of a public hearing
					 on an application shall contain, in addition to the time and place of the
					 hearing, all of the following information:
(a) The address and telephone number of the
				  department office in Lansing, and the appropriate district office of the
				  department.
(b) The name and
				  address of the applicant whose application will be considered at the public
				  hearing.
(c) The name of the
				  waterway to which a discharge, as identified on the application, is or will be
				  made, and a concise description of the location on the waterway of the
				  discharge.
(d) Reference to the
				  public notice posted and published for the application, including the
				  identification numbers and dates of issuance thereof.
(e) A brief statement of the purpose of the
				  public hearing.
(f) A concise
				  description of the issues which have been identified by the petitioners
				  requesting the public hearing.
(g)
				  The address or addresses of department offices where interested persons may
				  inspect or obtain copies of a draft permit, fact sheet, or other applicable
				  NPDES forms or other reports, files, or information relating to an application
				  subject to public hearing, if the documents have not been labeled confidential
				  by the department pursuant to R 323.2128.
(h) A concise description of the nature of
				  the public hearing and the issues to be heard, with reference to department
				  rules and procedures to be followed.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 21 - WASTEWATER DISCHARGE PERMITS › Section R. 323.2133 - Permit applications; determinations; issuance; denial

Current through Vol. 24-12, July 15, 2024
Rule 2133.
(1)
				  After review of tentative determinations or modifications thereof made by the
				  staff of the department pursuant to R 323.2115, any comments on the permit
				  application received by the department from the regional administrator pursuant
				  to R 323.2112, comments received from the public during the 30-day comment
				  period following public notice of the permit application as provided by R
				  323.2117, or other applicable recommendations or determinations, and review of
				  the public hearing record after a hearing on an application pursuant to R
				  323.2130, the department shall make a final determination on the permit
				  application and may issue or deny a state or national permit pursuant to
				  section 3106 of part 31 of the act.
(2) An appeal to a final determination of the
				  department made pursuant to subrule (1) of this rule, or to a condition of a
				  permit issued, or the denial of a permit pursuant to part 31 of the act and the
				  rules shall be in accordance with and subject to section 3113 of part 31 of the
				  act.
(3) When the department issues
				  a state or national permit to a discharger in possession of an order of
				  determination or stipulation of the department issued or entered into before
				  April 15, 1973, the state or national permit conditions shall take precedence
				  over all conditions of the order of determination or stipulation. If the
				  department denies the issuance of a state or national permit to a discharger in
				  possession of an order of determination or stipulation of the department,
				  compliance with the conditions of the order of determination or stipulation is
				  not a defense of the discharger's obligation as prescribed by part 31 of the
				  act.
(4) A national permit issued
				  by the department pursuant to part 31 of the act and these rules is a state
				  permit where the permit is issued for waste or wastewater discharges into the
				  surface waters of the state. A state permit issued for a waste or wastewater
				  discharge into groundwaters or on the ground is not a national permit required
				  pursuant to the federal act.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 21 - WASTEWATER DISCHARGE PERMITS › Section R. 323.2134 - Permits; transmittal to EPA

Current through Vol. 24-12, July 15, 2024
Rule 2134. The department shall transmit all copies of
					 national permits issued by the department pursuant to part 31 of the act and
					 these rules to the regional administrator immediately following issuance. If a
					 permit is denied, written notice thereof and the reasons therefore shall be
					 transmitted to the regional administrator.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 21 - WASTEWATER DISCHARGE PERMITS › Section R. 323.2136 - Terms and conditions of permits; prohibited discharges

Current through Vol. 24-12, July 15, 2024
Rule 2136.
(1) A
				  permit shall not be issued to a person proposing any of the following
				  discharges:
(a) A discharge containing a
				  radiological, chemical, or biological warfare agent, or a high-level
				  radioactive waste.
(b) A discharge
				  containing a substance which the department determines would substantially
				  impair anchorage, or navigation, or both.
(c) A point source discharge in conflict with
				  an areawide waste treatment management plan or amendments thereto, prepared by
				  a management agency pursuant to section 208(b) of the federal act, unless the
				  department finds the variance necessary to protect the public health, safety,
				  and welfare.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 21 - WASTEWATER DISCHARGE PERMITS › Section R. 323.2137 - Terms and conditions of permits; effluent standards and limitations

Current through Vol. 24-12, July 15, 2024
Rule 2137. When applicable, a permit issued by the
					 department shall contain terms and conditions deemed necessary by the
					 department to ensure compliance with at least the following effluent standards
					 and limitations:
(a) Effluent
				  limitations for publicly owned treatment works and other point source
				  discharges when promulgated by the administrator of EPA pursuant to sections
				  301, 302, 307, and 308 of the federal act, in accordance with and subject to
				  the date of compliance prescribed therein, if the limitations are not in
				  conflict with part 31 of the act or the federal act.
(b) Standards of performance, when
				  promulgated by the administrator of EPA, for new sources within the categories
				  defined in section 306 of the federal act.
(c) If the permit is for a discharge from a
				  publicly owned treatment works, standards of performance, pretreatment
				  standards or effluent limitations or prohibitions when promulgated by the
				  administrator of EPA for toxic substances, monitoring, and charges pursuant to
				  sections 204(b), 307, and 308 of the federal act, if the standards,
				  limitations, or prohibitions are not in conflict with part 31 of the act or the
				  federal act.
(d) Any other more
				  stringent limitation deemed necessary by the department to meet applicable
				  water quality standards, treatment standards, or schedules of compliance
				  established pursuant to part 31 of the act or rules promulgated pursuant
				  thereto, or necessary to meet other federal law or regulation enacted or
				  promulgated subsequent to these rules, or required to meet any applicable water
				  quality standards, including applicable requirements necessary to meet maximum
				  daily loads established by and incorporated into the state's continuing
				  planning process required pursuant to section 303 of the federal act.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 21 - WASTEWATER DISCHARGE PERMITS › Section R. 323.2138 - Terms and conditions of permits; consistency with water quality standards

Current through Vol. 24-12, July 15, 2024
Rule 2138. When a state or national permit is issued by the
					 department which contains any effluent standards or limitations set forth in R
					 323.2137, the department shall verify that the discharge authorized by the
					 issued permit will not violate applicable water quality standards. When a
					 permit contains additional effluent limitations based upon applicable water
					 quality standards, the department shall prepare a wasteload allocation ensuring
					 that the discharge authorized by the issued permit is consistent with
					 applicable water quality standards.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 21 - WASTEWATER DISCHARGE PERMITS › Section R. 323.2139 - Terms and conditions of permits; requirements to comply with plans

Current through Vol. 24-12, July 15, 2024
Rule 2139. The department, if it deems necessary, may
					 impose any further requirements under the terms and conditions of a state or
					 national permit to comply with an areawide waste treatment management plan, or
					 amendments thereto, prepared by a management agency pursuant to section 208(b)
					 of the federal act.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 21 - WASTEWATER DISCHARGE PERMITS › Section R. 323.2140 - Terms and conditions of permits; interim requirements

Current through Vol. 24-12, July 15, 2024
Rule 2140. Before promulgation of regulations by the
					 administrator of EPA relating to applicable effluent standards or limitations,
					 or standards of performance set forth in R 323.2137, the department may impose
					 any standard, limitation, or condition within a state or federal permit to
					 ensure compliance with part 31 of the act and the federal
					 act.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 21 - WASTEWATER DISCHARGE PERMITS › Section R. 323.2141 - Terms and conditions of permits; discharges from vessels

Current through Vol. 24-12, July 15, 2024
Rule 2141.
(1) If
				  a national permit is issued pursuant to part 31 of the act and these rules for
				  the discharge of wastes from a vessel other than human sewage exempted by R
				  323.2109, the permit shall contain requirements in accordance with and subject
				  to the applicable regulations promulgated by the secretary of the federal
				  department in which the United States coast guard is operating, which establish
				  specifications for transportation, handling, carriage, storage, and stowage of
				  such wastes.
(2) The department
				  shall issue a national permit for the discharge of wastes from a vessel only
				  when the permit is in conformance with part 95 of the act.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 21 - WASTEWATER DISCHARGE PERMITS › Section R. 323.2142 - Terms and conditions of permits; other limitations and requirements

Current through Vol. 24-12, July 15, 2024
Rule 2142. When issuing a state or national permit pursuant
					 to part 31 of the act and these rules, the department shall specify therein,
					 where applicable, average and maximum daily quantitative limitations for the
					 level of wastewater constituents in terms of weight and, if appropriate,
					 average or maximum concentration limits for the wastes in the discharge
					 authorized by the issued permit.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 21 - WASTEWATER DISCHARGE PERMITS › Section R. 323.2145 - Terms and conditions of permits; schedules of compliance

Current through Vol. 24-12, July 15, 2024
Rule 2145.
(1) A
				  person issued a state or national permit by the department pursuant to R
				  323.2133 who is not in compliance with applicable effluent standards and
				  limitations or other requirements conditioned therein at the time the permit is
				  issued shall achieve compliance within a period of time as set forth by the
				  department, with effluent standards and limitations, with water quality
				  standards, or with specific requirements or conditions set by the department.
				  The department shall require compliance with terms and conditions of the permit
				  in the shortest reasonable period of time as determined thereby, or within a
				  time schedule for compliance which shall be specified in the issued
				  permit.
(2) If a time schedule for
				  compliance specified in a state or national permit which is established by the
				  department pursuant to subrule (1) of this rule is more than 9 months, then the
				  time schedule shall provide for interim dates of achievement for compliance
				  with certain applicable terms and conditions of the permit. Each interim date
				  specified in the permit shall not be more than 9 months and, to the extent
				  practicable, shall fall on March 31, June 30, September 30, or December
				  31.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 21 - WASTEWATER DISCHARGE PERMITS › Section R. 323.2146 - Terms and conditions of permits; compliance reports by dischargers

Current through Vol. 24-12, July 15, 2024
Rule 2146. Within 14 days after an interim date of
					 compliance or the final date of compliance specified in a state or national
					 permit, a permittee shall provide the department with written notice of his or
					 her compliance or noncompliance with the requirements or conditions specified
					 to be completed by that date. Failure to submit the written notice to the
					 department is just cause for the department to pursue enforcement action
					 against the discharger pursuant to part 31 of the act or these
					 rules.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 21 - WASTEWATER DISCHARGE PERMITS › Section R. 323.2147 - Noncompliance lists

Current through Vol. 24-12, July 15, 2024
Rule 2147.
(1) The
				  department shall prepare and submit to the regional administrator, on or before
				  February 28, May 31, August 31, and November 30, a list of all dischargers
				  holding national permits which, as of 30 days before the date of the report,
				  have submitted a report to the department pursuant to R 323.2146 showing
				  noncompliance with requirements set forth by the department to be met on
				  interim dates or on the final date of compliance specified in the permit and
				  those which have not filed a timely report. The noncompliance list shall be
				  available to the public at appropriate department offices for inspection and
				  copying, and shall contain all of the following information:
(a) The name and address of each noncomplying
				  permittee.
(b) A concise
				  description of the nature of noncompliance.
(c) A description of proposed actions to be
				  taken by the department or the permittee to correct the
				  noncompliance.
(d) Any other
				  information deemed necessary by the department to explain or mitigate an
				  instance of noncompliance.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 21 - WASTEWATER DISCHARGE PERMITS › Section R. 323.2149 - Other terms and conditions of state and national permits

Current through Vol. 24-12, July 15, 2024
Rule 2149.
(1) As
				  part of the condition for issuing a state or national permit by the department
				  pursuant to these rules, a discharger shall assure the department of all of the
				  following:
(a) All discharges authorized by
				  the permit are consistent with the terms and conditions of the permit and that
				  the permittee will make all reasonable effort to meet any interim or final
				  dates of compliance specified in the permit.
(b) Any facility expansion, production
				  increases, process modifications, changes in discharge volume, or other changes
				  in operations or conditions of the permittee which may result in a new or
				  increased discharge of waste or wastewater shall be reported to the department
				  by submission of a new application for a state or national permit pursuant to R
				  323.2108, or if the discharge does not violate effluent limitations specified
				  in the permit, by submission to the department of notice of a new or increased
				  discharge.
(c) The permittee shall
				  allow any authorized department representative to enter upon the permittee's
				  premises at any reasonable time, upon presentation of credentials, to have
				  access to and copy any applicable records, to inspect process facilities,
				  treatment works, monitoring methods or equipment therefore, or to sample any
				  effluent of a discharge authorized by a permit.
(d) At all times the permittee shall maintain
				  in good working order and operate as efficiently as possible any facilities or
				  systems of control installed to achieve compliance with the terms and
				  conditions of a permit.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 21 - WASTEWATER DISCHARGE PERMITS › Section R. 323.2150 - Duration of permits

Current through Vol. 24-12, July 15, 2024
Rule 2150. A state or national permit issued pursuant to
					 part 31 of the act and these rules shall have a fixed term which shall not be
					 more than 5 years.
A person who wishes to continue to discharge waste or
					 wastewater into the surface or groundwaters of the state or on the ground shall
					 apply for reissuance of a permit pursuant to R 323.2151.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 21 - WASTEWATER DISCHARGE PERMITS › Section R. 323.2151 - Review and reissuance of state and national permits

Current through Vol. 24-12, July 15, 2024
Rule 2151.
(1) Not
				  less than 180 days before the expiration date of a state or national permit
				  issued by the department pursuant to part 31 of the act and these rules, a
				  permittee who wishes to continue the discharge of waste or wastewaters into the
				  surface or groundwaters of the state or on the ground shall submit a written
				  request to the department for reissuance.
(2) After receipt of written request for
				  reissuance of a state or national permit by a permittee, the department shall
				  review the request, and before reissuing a permit shall be assured by the
				  permittee of all of the following:
(a) The
				  permittee is in compliance with or has substantially complied with the terms,
				  conditions, requirements, and schedules of compliance of the existing state or
				  national permit.
(b) The department
				  has up-to-date information on the permittee's production levels, waste
				  treatment practices, and the nature, contents, and frequency of the permittee's
				  discharge. The information shall be available to the department either through
				  the submission of new NPDES forms by the permittee or by means of monitoring
				  records or reports submitted thereto pursuant to R 323.2155.
(c) The discharge is consistent with
				  applicable effluent standards and limitations, water quality standards, and
				  other legally applicable requirements, including any additions to, or revisions
				  or modifications of, the effluent standards and limitations, water quality
				  standards, or other legally applicable requirements during the term of the
				  permit.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 21 - WASTEWATER DISCHARGE PERMITS › Section R. 323.2153 - Point source discharges; standards of performance

Current through Vol. 24-12, July 15, 2024
Rule 2153. A facility, building, installation, or industry
					 which discharges a point source discharge subject to a national permit and
					 which is so constructed after October 18, 1972, to meet all applicable effluent
					 standards of performance as required by the federal act, part 31 of the act, or
					 these rules, shall not be subject to any more stringent standard of performance
					 for any wastewater constituent during a 10-year period beginning on the date of
					 completion of construction, or during the period of depreciation or
					 amortization of the facility for the purposes of section 167, or 169, or both,
					 of the internal revenue code of 1954, 26 U.S.C. §167 or 169, whichever
					 period ends first, unless reallocation of effluent loads are necessitated in a
					 discharge complex to meet water quality standards.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 21 - WASTEWATER DISCHARGE PERMITS › Section R. 323.2154 - Monitoring of discharges authorized by permits; requirements

Current through Vol. 24-12, July 15, 2024
Rule 2154.
(1) The
				  department may set forth monitoring requirements of any discharge authorized by
				  a state or national permit issued by it pursuant to these rules. In requiring
				  any discharge monitoring, the department shall specify the type of monitoring
				  required, and the discharger shall obtain approval of the installation, use,
				  and maintenance of monitoring equipment or methods to be employed therefore
				  from the department.
(2) A
				  discharge authorized by a national permit which the regional administrator, by
				  written request to the department, requires to be monitored or which contains
				  toxic waste or wastewater constituents for which an effluent standard or
				  limitation has been established by the administrator of EPA pursuant to section
				  307(a) of the federal act, shall be monitored by the permittee for any or all
				  of the following:
(a) The flow of the
				  discharge in gallons per day or other volumes required by the
				  department.
(b) Waste or wastewater
				  constituents subject to reduction or elimination under the terms and conditions
				  of the permit.
(c) Specific waste
				  or wastewater constituents which are determined by the department to have a
				  significant effect on the quality of the waters of the state.
(d) Waste or wastewater constituents
				  specified as subject to monitoring by the administrator of EPA in regulations
				  promulgated pursuant to the federal act.
(e) Any other specific waste or wastewater
				  constituents which the regional administrator may request in writing to be
				  monitored.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 21 - WASTEWATER DISCHARGE PERMITS › Section R. 323.2155 - Monitoring of discharges authorized by permits; recording and reporting

Current through Vol. 24-12, July 15, 2024
Rule 2155.
(1) A
				  permittee required to monitor a waste or wastewater discharge pursuant to R
				  323.2154, shall maintain records of all information resulting from such
				  monitoring, including the date, place, and time of sampling; dates analyses
				  were performed; the person performing the analyses; the analytical techniques,
				  procedures, or methods used; and the results of the analyses. All records and
				  results of monitoring activities, and calibration and maintenance records shall
				  be retained by the permittee a minimum of 3 years unless otherwise required or
				  extended by the department or the regional administrator.
(2) The department may require a permittee to
				  report periodically the results of all monitoring activities undertaken on an
				  appropriate reporting form supplied by the department. The department shall
				  notify the permittee of the frequency of reporting, but the reporting frequency
				  shall not be less than at least once in a period of 1 year.
(3) Upon written request of the regional
				  administrator, the department shall transmit thereto any reporting form or
				  other monitoring information required by this rule.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 21 - WASTEWATER DISCHARGE PERMITS › Section R. 323.2159 - State and national permits; modification or revocation by the department

Current through Vol. 24-12, July 15, 2024
Rule 2159.
(1) The
				  department may modify any term or condition, including a schedule of
				  compliance, of a permit, or may revoke a permit upon its finding of any of the
				  following:
(a) There is a change in any
				  condition that requires a temporary or permanent reduction or elimination of a
				  permitted discharge or constituent thereof.
(b) The administrator of EPA issues a
				  regulation prescribing a restriction or prohibition of a waste or wastewater
				  constituent which is not covered by the terms and conditions of a permit, or
				  the regulation is more stringent than any limitation imposed on a wastewater
				  constituent in a permit.
(c) A
				  modification of the terms and conditions of a permit or a time schedule thereon
				  is necessary because of an act of God or other conditions beyond the control of
				  the permittee.
(d) In the case of
				  discharges from publicly owned treatment works, federal treatment works grant
				  funds are not available or are not sufficient to allow construction of the
				  treatment works in a time schedule set forth in the permit.
(e) There is a violation of any term or
				  condition of the permit.
(f) The
				  permittee has obtained a permit by misrepresentation or has failed to disclose
				  all relevant facts to the commission.
(g) A toxic effluent standard or prohibition,
				  including any schedule of compliance specified therein, is established pursuant
				  to section 307(a) of in the permittee's discharge and the standard or
				  prohibition is more stringent than any limitation upon the waste or wastewater
				  constituent in the permit.
(h) The
				  POTW receives wastewater from a nondomestic source and the development of a
				  pretreatment program is necessary to control the introduction of regulated
				  pollutants.
(i) When a request for
				  removal credits is approved in accordance with R 323.2313(a).
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 21 - WASTEWATER DISCHARGE PERMITS › Section R. 323.2160 - Enforcement

Current through Vol. 24-12, July 15, 2024
Rule 2160.
(1) A
				  person who submits false information to the department on an application, other
				  NPDES form, or any other reporting form, or who violates any of these rules, a
				  term, condition, or schedule of compliance contained within a valid state or
				  national permit, or part 31 of the act is subject to the remedies or penalties
				  prescribed by section 3115 of part 31 of the act.
(2) The department shall notify the regional
				  administrator of all violations of these rules, a valid permit, or part 31 of
				  the act, and of the means by which the department proposes to correct or
				  require the correction of violations.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 21 - WASTEWATER DISCHARGE PERMITS › Section R. 323.2161 - Storm water discharge permits

Current through Vol. 24-12, July 15, 2024
Rule 2161.
(1) A
				  person who discharges storm water that is subject to regulation pursuant to the
				  provisions of section 402(p) of the federal act and the corresponding
				  regulations promulgated in 40 C.F.R. §122.26 (2000) shall apply for or
				  obtain a national permit if the person has, will have, or operates any of the
				  following:
(a) Storm water discharges
				  associated with industrial activity. A national permit is not required if, in
				  accordance with 40 C.F.R. §122.26(g) (2000), a discharge composed entirely
				  of storm water is not a storm water discharge associated with industrial
				  activity because there is no exposure of industrial materials and activities to
				  rain, snow, snowmelt, or runoff, or any combination, and if the discharger has
				  met the conditions of no exposure listed on a certification form provided by
				  the department. The discharger shall complete, sign, and submit to the
				  department the certification form provided by the department. A new
				  certification form shall be submitted once every 5 years to qualify for
				  continuation of the no exposure exclusion. This exclusion provision shall no
				  longer apply and a national permit shall be required under either of the
				  following conditions:
(i) If circumstances
				  change and industrial materials or activities become exposed to rain, snow,
				  snowmelt, or runoff, or any combination, then the conditions for this exclusion
				  no longer apply. Any conditionally exempt discharger who anticipates changes in
				  circumstances shall apply for and obtain national permit authorization before
				  the change of circumstances.Failure to do so could result in penalties as
				  provided under part 31 of the act for a discharge without a permit.
(ii) Notwithstanding the provisions of this
				  subdivision, the department retains the authority to require national permit
				  authorization, and deny this exclusion, upon making a determination that the
				  discharge causes, has a reasonable potential to cause, or contributes to, a
				  violation of an applicable water quality standard.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 21 - WASTEWATER DISCHARGE PERMITS › Section R. 323.2161a - Municipal storm water discharge; national permit minimum requirements

Current through Vol. 24-12, July 15, 2024
Rule 2161a.
(1)
				  The national permit for a regulated MS4 shall require, at a minimum, that the
				  permittee develop, implement, and enforce a storm water management program
				  designed to do both of the following:
(a)
				  Reduce the discharge of storm water pollutants to the maximum extent
				  practicable (MEP).
(b) Protect
				  water quality and satisfy the appropriate water quality requirements of the
				  federal act.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 21 - WASTEWATER DISCHARGE PERMITS › Section R. 323.2189 - Referenced federal regulations; definitions; adoption of standards by reference

Current through Vol. 24-12, July 15, 2024
Rule 2189.
(1) As
				  used in the federal regulations referenced in R 323.2161, the terms "NPDES
				  state" and "NPDES authority" shall mean the department of environmental quality
				  as specified in this rule.
(2) The
				  following federal regulations are adopted by reference in these rules, are
				  available for inspection at the Lansing office of the department of
				  environmental quality, and may be obtained from the Department of Environmental
				  Quality, Water Division, P.O. Box 30273, Lansing, MI 48909, at a cost as of the
				  time of adoption of these rules of 5 cents per page and a labor rate of $19.20
				  per hour, or from the Superintendent of Documents, Government Printing Office,
				  Washington, DC 20402, at a cost as of the time of the adoption of these rules
				  of $45.00 for 40 C.F.R. Parts 100-135, $56.00 for 40 C.F.R. Parts 400-424, and
				  $61.00 for 40 C.F.R. Parts 425-699; or via the Internet at
				  http://bookstore.gpo.gov [File Link Not Available]:
(a) 40 C.F.R. §122.3(e)
				  (2000).
(b) 40 C.F.R. §122.7.
				  (2000).
(c) 40 C.F.R. §122.21
				  (2005).
(d) 40 C.F.R.
				  §§122.26 to 27 (2000).
(e) 40 C.F.R. §122.28(b)(2)(v)
				  (2000).
(f) 40 C.F.R.
				  §§122.34 to 35 (2000).
(g) 40 C.F.R. §§122.41 to 122.43
				  (2000).
(h) 40 C.F.R. §122.44
				  (2005).
(i) 40 C.F.R.
				  §§122.45 to 122.49 (2000).
(j) 40 C.F.R. §§125.80 to 125.99
				  (2005), except 40 C.F.R. §§125.89 and 125.98 (2005). "New source" as
				  used in this subdivision is defined in 40 C.F.R. §122.2. "New source" as
				  used elsewhere in these rules shall be as defined in R 323.2103.
(k) 40 C.F.R. §401.11 (2000).
(l) 40 C.F.R. §403 (2000).
(m) 40 C.F.R. §412 (2003) except that
				  the definition for "land application area" shall be as defined in R
				  323.2103.
(n) 40 C.F.R. §451
				  (2005).
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 21 - WASTEWATER DISCHARGE PERMITS › Section R. 323.2190 - National permit for storm water discharge from construction activity

Current through Vol. 24-12, July 15, 2024
Rule 2190.
(1)
				  Unless the department has required an individual national permit pursuant to
				  the provisions of subrule (3) or (4) of this rule, a point source discharge of
				  storm water from a construction activity will be deemed to have a national
				  permit authorizing the discharge if the criteria of subdivisions (a) and (b) of
				  this subrule are met. Exception: small construction activities, meaning 1 to 5
				  acres of disturbed soil as defined in 40 C.F.R. §122.26(b)(15), are
				  automatically deemed to have a national permit authorizing discharge of storm
				  water in accordance with this rule and are not required to meet the filing
				  requirements of subdivision(a) or (b) of this subrule, subrule (2)(j) of this
				  rule, and subrule(5)(b) of this rule. The construction permittee shall do both
				  of the following:
(a) File with the
				  department, on a form approved by the department, notice of coverage pursuant
				  to the provisions of this rule before the initiation of construction activity.
				  The notice of coverage shall include all of the following:
(i) A copy of the individual soil erosion and
				  sedimentation control permit for the site as issued to the construction
				  permittee; or if the construction activity is to be carried out by an
				  authorized public agency, certification by the authorized public agency that an
				  approved control plan exists; or, for part 615 or part 631 permits, a copy of
				  the permit, along with any forms or diagrams pertaining to soil erosion and
				  sedimentation control that were part of the permit application.
(ii) Acknowledgement by the construction
				  permittee that any discharge that is made pursuant to the provisions of this
				  rule shall be in compliance with part 31 of the act and the rules promulgated
				  thereunder.
(iii) A location map
				  and a description of the nature of the construction activity.
(iv) The location of the proposed discharge
				  and identification of the receiving water.
(v) The total area of the site and the area
				  of the site that is expected to undergo construction activity during the life
				  of the project.
(vi) Name and
				  certification number of a certified storm water operator responsible for
				  inspection of the construction activity in accordance with subrule (2)(e) of
				  this rule.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 21 - WASTEWATER DISCHARGE PERMITS › Section R. 323.2191 - General permits generally

Current through Vol. 24-12, July 15, 2024
Rule 2191.
(1)
				  Upon a determination by the department that certain discharges are
				  appropriately and adequately controlled by a general permit, the department may
				  issue a general permit to cover a category of discharge. The general permit may
				  cover storm water point source discharges or a category of point source
				  discharges other than storm water point source discharges if all of the
				  following provisions apply:
(a) The sources
				  involve the same or substantially similar types of operations.
(b) The sources discharge the same types of
				  wastes.
(c) The sources require the
				  same effluent limitation or operating conditions.
(d) The sources require the same or similar
				  monitoring.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 21 - WASTEWATER DISCHARGE PERMITS › Section R. 323.2192 - General permits; application and coverage

Current through Vol. 24-12, July 15, 2024
Rule 2192. All of the following provisions are application
					 requirements for coverage under general permits and shall be complied
					 with:
(a) A person who requests
				  coverage under a general permit shall comply with all applicable requirements
				  of this part, except where the department has approved an amended application
				  form that is specific to a general permit.
(b) Upon the receipt of an application for
				  coverage under an existing general permit, the department shall determine if
				  the discharge meets the criteria for coverage under the general permit. The
				  issuance of a notice of coverage by the department which states that the
				  discharge meets the criteria initiates coverage by the general
				  permit.
(c) The department shall
				  promptly report to the department each person having a discharge for which
				  coverage by general permit has been initiated pursuant to the provisions of
				  subdivision (b) of this rule. A person who is aggrieved by the coverage may
				  file a sworn petition for a contested case hearing on the matter with the
				  department in accordance with the provisions of section 3113 of part 31 of the
				  act. A petition that is filed more than 60 days after coverage by the general
				  permit is reported to the department may be rejected by the department as being
				  untimely.
(d) A person who holds an
				  individual national permit for a point source discharge that is excluded from a
				  general permit solely because the person already has an individual national
				  permit may apply for coverage under the general permit. The department may
				  terminate the individual national permit and include the discharge under the
				  coverage of the general permit if the department determines that the general
				  permit is more appropriate.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 21 - WASTEWATER DISCHARGE PERMITS › Section R. 323.2195 - Termination of benefits

Current through Vol. 24-12, July 15, 2024
Rule 2195. Upon termination of a clean corporate citizen
					 designation, the department shall terminate or restrict all benefits provided
					 to a former clean corporate citizen under R 323.2193 and R 323.2194 as provided
					 in this part and as determined by the department.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 21 - WASTEWATER DISCHARGE PERMITS › Section R. 323.2196 - CAFO permits

Current through Vol. 24-12, July 15, 2024
Rule 2196.
(1)
				  CAFOs are point sources that require NPDES permits for discharges or potential
				  discharges and require all of the following:
(a) If an operation becomes a CAFO, then the
				  NPDES requirements for CAFOs apply to all animals in confinement at the
				  operation and all production area waste and CAFO process wastewater generated
				  by those animals or the production of those animals, regardless of the type of
				  animal.
(b) All CAFO owners or
				  operators shall apply either for an individual NPDES permit, or a certificate
				  of coverage under an NPDES general permit, unless the owner or operator has
				  received a determination from the department, made after providing notice and
				  opportunity for public comment, that the CAFO has "no potential to discharge"
				  pursuant to subrule (4) of this rule.
(c) The discharge to waters of the state from
				  land application areas is a discharge from the CAFO subject to NPDES permit
				  requirements.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 21 - WASTEWATER DISCHARGE PERMITS › Section R. 323.2197 - Cooling water intake structures

Current through Vol. 24-12, July 15, 2024
Rule 2197. For a facility with cooling water intake systems
					 regulated under 40 C.F.R. §125.91, the following controls apply:
(a) A facility that withdraws cooling water
				  from a connecting water of the Great Lakes shall be subject to entrainment
				  performance standards at §125.94(b)(2).
(b) A facility that withdraws cooling water
				  from a waterway with open fish passage to 1 of the Great Lakes and is located
				  within 30 miles of the lake, but does not withdraw cooling water from a Great
				  Lake or a connecting water of the Great Lakes, shall be subject to entrainment
				  performance standards at §125.94(b)(2) if the director determines that
				  such regulation is appropriate to prevent significant impact to Great Lakes'
				  fish or shellfish populations caused by entrainment.