Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Hazardous Waste Management › Part 5 - OPERATING LICENSES › Section R. 299.9509 - Submittal and processing of operating license applications for new facilities or the expansion, enlargement, or alteration of existing facilities

Current through Vol. 24-12, July 15, 2024
Rule 509.
(1) Any
				  person who requires an operating license for a new facility or the expansion,
				  enlargement, or alteration of an existing facility under part 111 of the act
				  shall complete, sign, and submit, to the director, an application for each
				  operating license for a new facility or expansion, enlargement, or alteration
				  of an existing facility required under R 299.9501 as described in this rule.
				  All applicants for operating licenses for new facilities or the expansion,
				  enlargement, or alteration of existing facilities shall provide the information
				  in R 299.9504 to the director on the application form provided by the
				  director.
(2) The director shall
				  not begin processing an operating license application for a new facility or the
				  expansion, enlargement, or alteration of an existing facility until the
				  application it is complete. An application for an operating license for a new
				  facility or the expansion, enlargement, or alteration of an existing facility
				  is complete when the director receives an application which includes all the
				  information required by section 23 (2) of part 111 of the act and R 299.9504.
				  The completeness of any application for an operating license for a new facility
				  or the expansion, enlargement, or alteration of an existing facility shall be
				  judged independently of the status of any other permit or permit application
				  for the same facility. The statutory timetable of section 25 (4) of part 111 of
				  the act and the timetable of subrule (4) of this rule shall begin upon receipt
				  of a complete operating license application for a new facility or the
				  expansion, enlargement, or alteration of an existing facility.
(3) When a facility or activity is owned by 1
				  person, but is operated by another person, it is the operator's duty to obtain
				  an operating license for a new facility or the expansion, enlargement, or
				  alteration of an existing facility, except that the owner and titleholder of
				  the land shall also sign the permit application.
(4) The director, or his or her designee,
				  shall notify the applicant within 30 days after receipt of an operating license
				  application for a new facility or the expansion, enlargement, or alteration of
				  an existing facility. Such notification shall include the date of receipt and
				  whether any required items of an administrative nature were missing. This
				  notice will not include all areas where the application is technically
				  incomplete.
(5) The director, or
				  his or her designee, shall notify the applicant of the operating license for a
				  new facility or the expansion, enlargement, or alteration of an existing
				  facility status within 75 days after the complete application is
				  received.
(6) The director shall
				  recommend approval or shall deny an operating license application for a new
				  facility or the expansion, enlargement, or alteration of an existing facility
				  within 120 days after the director receives a complete application.
(7) If the director intends to deny the
				  operating license application for a new facility or the expansion, enlargement,
				  or alteration of an existing facility, the director, or his or her designee,
				  shall commence a public participation process in accordance with R
				  299.9511.
(8) The director shall
				  either prepare a draft operating license for a new facility or the expansion,
				  enlargement, or alteration of an existing facility or deny the operating
				  license. The director shall commence a public participation process in
				  accordance with R 299.9511.
(9)
				  Applicants shall keep records of all data used to complete operating license
				  applications for new facilities or the expansion, enlargement, or alteration of
				  existing facilities and any supplemental information submitted under R 299.9504
				  for a period of not less than 3 years from the date the application is
				  signed.