reglab/statecodes huggingface dataset:
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 23 - PRETREATMENT › Section R. 323.2303 - Pretreatment standards

Current through Vol. 24-12, July 15, 2024
Rule 3.
(1) A
				  nondomestic user may not introduce into any publicly owned treatment works any
				  pollutant that causes pass-through or interference. The control authority shall
				  investigate instances of pass-through or interference and take appropriate
				  enforcement action and inform the responsible nondomestic user of the impact.
				  The general prohibitions of this subrule and the specific prohibitions in
				  subrule (2) of this rule apply to each nondomestic user introducing pollutants
				  into a publicly owned treatment works whether or not the nondomestic user is
				  subject to any other national, state, or local pretreatment standards or
				  requirements.
(2) In addition to
				  the requirements of subrule (1) of this rule, the following substances shall
				  not be introduced into a publicly owned treatment works:
(a) Pollutants that create a fire or
				  explosion hazard in the publicly owned treatment works, including wastestreams
				  that have a closed cup flashpoint of less than 140 degrees Fahrenheit or 60
				  degrees Centigrade using the test methods specified in 40 C.F.R. §261.21
				  (1990).
(b) Pollutants that will
				  cause corrosive structural damage to the publicly owned treatment works.
				  Discharges that have a pH lower than 5.0 shall not be discharged, unless the
				  publicly owned treatment works is specifically designed to accommodate the
				  discharges and has been approved by the approval authority.
(c) Solid or viscous pollutants in amounts
				  that will cause obstruction to the flow in the publicly owned treatment works
				  resulting in interference.
(d) Any
				  pollutant, including oxygen-demanding pollutants, released in a discharge at a
				  flow rate or pollutant concentration that will cause interference with the
				  publicly owned treatment works.
(e)
				  Heat that will inhibit biological activity in the publicly owned treatment
				  works resulting in interference, and in no case heat that produces a
				  temperature at the publicly owned treatment works of more than 40 degrees
				  Celsius (104 degrees Fahrenheit), unless the approval authority, at the request
				  of the publicly owned treatment works, approves alternate temperature limits as
				  part of the approved program.
(f)
				  Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin
				  in amounts that will cause interference or pass-through.
(g) Pollutants that result in the presence of
				  toxic gases, vapors, or fumes within the publicly owned treatment works in a
				  quantity that may cause acute worker health or safety problems.
(h) Any trucked or hauled pollutants, except
				  at discharge points designated by the publicly owned treatment works, but only
				  when trucked or hauled in compliance with the state and federal hazardous waste
				  and liquid industrial waste laws.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 23 - PRETREATMENT › Section R. 323.2304 - Effect of rules on local law

Current through Vol. 24-12, July 15, 2024
Rule 4. Nothing in these rules is intended to affect any
					 pretreatment standards and requirements established by local law if the local
					 standards and requirements are at least as stringent as any standards and
					 requirements set forth in national pretreatment standards or any other
					 requirements or prohibitions established under the clean water act or the
					 act.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 23 - PRETREATMENT › Section R. 323.2305 - Pretreatment program applicability

Current through Vol. 24-12, July 15, 2024
Rule 5.
(1) A
				  state permit or national pollutant discharge elimination system permit issued
				  to a publicly owned treatment works shall contain requirements for pretreatment
				  program development and implementation when the department determines that it
				  is necessary to control the introduction of pollutants into the publicly owned
				  treatment works from nondomestic users.
(2) A publicly owned treatment works shall
				  develop and implement its pretreatment program according to the following
				  criteria if required by order of the department or by its permit:
(a) A publicly owned treatment works which
				  has a total design flow of more than 5 million gallons per day and which
				  receives, from nondomestic users, pollutants that may pass-through or interfere
				  with the operation of the publicly owned treatment works or are otherwise
				  subject to categorical pretreatment standards is subject to the federal
				  industrial pretreatment program as set forth in R 323.2306.
(b) A publicly owned treatment works which
				  has a total design flow of 5 million gallons per day or less and which receives
				  from nondomestic users, pollutants that may pass-through or interfere with the
				  operation of the publicly owned treatment works or are otherwise subject to
				  categorical pretreatment standards is subject to the Michigan industrial
				  pretreatment program, unless the department requires a federal industrial
				  pretreatment program, as set forth in R 323.2306.
(c) A publicly owned treatment works which
				  has a state permit issued under the act to discharge to the groundwater and
				  which has nondomestic users that may cause interference with the publicly owned
				  treatment works or permit violations or has nondomestic users that are
				  otherwise subject to categorical pretreatment standards is subject to the
				  Michigan industrial pretreatment program as set forth in R 323.2306.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 23 - PRETREATMENT › Section R. 323.2307 - Publicly owned treatment works' pretreatment programs; submissions for approval

Current through Vol. 24-12, July 15, 2024
Rule 7.
(1) A
				  publicly owned treatment works shall submit a complete pretreatment program to
				  the approval authority as required by its permit or by order of the department.
				  The pretreatment program shall contain all of the following information:
(a) A statement from the municipal attorney
				  or a city official acting in a comparable capacity, or the attorney for a
				  publicly owned treatment works that has independent legal counsel, that the
				  publicly owned treatment works has adequate authority to carry out the program
				  described in R 323.2306. The statement shall identify all of the following:
(i) The provision of legal authority under R
				  323.2306(a) that provides the basis for each procedure under R
				  323.2306(b).
(ii) The manner in
				  which the publicly owned treatment works will implement the program
				  requirements set forth in R 323.2306(a), including the means by which
				  pretreatment standards will be applied to individual nondomestic users by
				  permit.
(iii) How the publicly
				  owned treatment works intends to ensure compliance with pretreatment standards
				  and requirements and to enforce them in the event of noncompliance by
				  nondomestic users.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 23 - PRETREATMENT › Section R. 323.2309 - Modification of publicly owned treatment works' pretreatment programs

Current through Vol. 24-12, July 15, 2024
Rule 9.
(1) Either
				  the approval authority or a publicly owned treatment works that has an approved
				  publicly owned treatment works' pretreatment program may initiate program
				  modification at any time to reflect changes. Program modification is necessary
				  when there is a significant change in the operation in the publicly owned
				  treatment works' pretreatment program that differs from the information in the
				  publicly owned treatment works' submission, as approved under R
				  323.2308.
(2) Publicly owned
				  treatment works' pretreatment program modifications shall be accomplished as
				  follows:
(a) For substantial modifications, as
				  defined in subrule (3) of this rule, the following provisions shall be complied
				  with:
(i) The publicly owned treatment works
				  shall submit, to the approval authority, a statement of the basis for the
				  desired modification, a modified program description (see R 323.2307(1)), or
				  other documents that the approval authority determines to be necessary under
				  the circumstances.
(ii) The
				  approval authority shall approve or disapprove the federal industrial
				  pretreatment program modification based on the requirements of R 323.2306
				  following the procedures in R 323.2308. The approval authority shall approve or
				  disapprove the Michigan industrial pretreatment program modification.
(iii) The federal industrial pretreatment
				  program modification shall be incorporated into the publicly owned treatment
				  works' national pollutant discharge elimination system permit after approval.
				  The permit will be modified to incorporate the approved modification in
				  accordance with 40 C.F.R. §122.63(g) (1990). Michigan industrial
				  pretreatment program modifications will be incorporated at the time of permit
				  reissuance or modification.
(iv)
				  The modification shall become effective upon approval by the approval
				  authority. Notice of the federal industrial pretreatment program approval shall
				  be published in the same newspaper as the notice of the original request for
				  approval of the modification under R 323.2308(3).
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 23 - PRETREATMENT › Section R. 323.2312 - Industrial subcategories considered dilute

Current through Vol. 24-12, July 15, 2024
Rule 12. The industrial subcategories listed in appendix D
					 of 40 C.F.R. part 403 (1986) are considered dilute wastestreams for purposes of
					 applying the combined wastestream formula.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 23 - PRETREATMENT › Section R. 323.2313 - Alternative categorical limits

Current through Vol. 24-12, July 15, 2024
Rule 13. Categorical pretreatment standards shall apply to
					 a nondomestic user subject to categorical standards, unless an enforceable
					 alternative limit to the corresponding national categorical standards is
					 derived using any of the following methods:
(a) 40 C.F.R. §403.7 (1993) contains the
				  requirements for removal credits that reflect the removal of pollutants by a
				  publicly owned treatment works discharged by the nondomestic user.
(b) 40 C.F.R. §403.13 (1992) contains
				  the requirements for a fundamentally different factor variance to reflect the
				  existence of data and information that was not considered or available when the
				  national categorical pretreatment standard was promulgated.
(c) 40 C.F.R. §403.15 (1992) contains
				  the requirements for a net/gross calculation to reflect the presence of
				  pollutants in the intake water of a nondomestic user.
(d) R 323.2311(5) contains the requirements
				  for equivalent mass per day limitations.
(e) R 323.2311(7) contains the requirements
				  for combined wastestream formula alternative limitations.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 23 - PRETREATMENT › Section R. 323.2314 - Confidentiality

Current through Vol. 24-12, July 15, 2024
Rule 14.
(1) In
				  accordance with Act No. 442 of the Public Acts of 1976, as amended, being
				  §15.231 et seq. of the Michigan Compiled Laws, and Act No. 306 of the
				  Public Acts of 1969, as amended, being §24.201 et seq. of the Michigan
				  Compiled Laws, any information submitted to the approval authority pursuant to
				  these acts that is a trade secret may be claimed as confidential, if so marked
				  at the time of submission.
(2) All
				  discharge information in the possession of the control authority pursuant to
				  these rules shall be available to the public without restriction.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 23 - PRETREATMENT › Section R. 323.2315 - Upset provision

Current through Vol. 24-12, July 15, 2024
Rule 15.
(1) An
				  upset shall constitute an affirmative defense to an action brought for
				  noncompliance with categorical pretreatment standards if the provisions of
				  subrule (2) of this rule are met.
(2) A nondomestic user who wishes to
				  establish the affirmative defense of upset shall demonstrate, through properly
				  signed, contemporaneous operating logs or other relevant evidence, that all of
				  the following provisions apply:
(a) An upset
				  occurred and the nondomestic user can identify the cause or causes of the
				  upset.
(b) The facility was at the
				  time being operated in a prudent and workmanlike manner and in compliance with
				  applicable operation and maintenance procedures.
(c) The nondomestic user has submitted the
				  following information to the publicly owned treatment works within 24 hours of
				  becoming aware of the upset:
(i) A
				  description of the indirect discharge and cause of noncompliance.
(ii) The period of noncompliance, including
				  exact dates and times or, if not corrected, the anticipated time the
				  noncompliance is expected to continue.
(iii) Steps being taken or planned to reduce,
				  eliminate, and prevent a recurrence of the noncompliance.
If this information is provided orally, a written
					 submission shall be provided within 5 days of becoming aware of the
					 upset.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 23 - PRETREATMENT › Section R. 323.2316 - Bypass

Current through Vol. 24-12, July 15, 2024
Rule 16.
(1) A
				  nondomestic user may allow a bypass to occur if the bypass does not cause
				  pretreatment standards or requirements to be violated, but only if the bypass
				  is also for essential maintenance to assure efficient operation. A bypass is
				  not subject to the provisions of subrules (2) and (3) of this rule.
(2) If a nondomestic user knows in advance of
				  the need for a bypass, it shall submit prior notice to the publicly owned
				  treatment works, if possible, not less than 10 days before the date of the
				  bypass. A nondomestic user shall submit oral notice of an unanticipated bypass
				  that exceeds applicable pretreatment standards to the publicly owned treatment
				  works within 24 hours of the time the nondomestic user becomes aware of the
				  bypass. A written submission shall also be provided to the control authority
				  within 5 days of the time the nondomestic user becomes aware of the bypass. The
				  written submission shall contain all of the following:
(a) A description of the bypass and its
				  cause.
(b) The duration of the
				  bypass, including exact dates and times, and, if the bypass has not been
				  corrected, the anticipated time it is expected to continue.
(c) Steps taken or planned to reduce,
				  eliminate, and prevent a reoccurrence of the bypass.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 24 - LAND APPLICATION OF BIOSOLIDS › Section R. 323.2401 - Purpose and applicability

Current through Vol. 24-12, July 15, 2024
Rule 2401.
(1)
				  These rules establish standards for the land application and beneficial
				  recycling of biosolids originating from domestic sewage treatment systems and
				  sanitary sewage treatment systems. The standards consist of general
				  requirements, notification, recordkeeping, pollutant limits, management
				  practices, and operational standards.
(2) These rules apply to all of the
				  following:
(a) Any person who prepares or
				  applies biosolids to the land.
(b)
				  Biosolids applied to the land.
(c)
				  The land where biosolids are applied.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 24 - LAND APPLICATION OF BIOSOLIDS › Section R. 323.2403 - Land application permit

Current through Vol. 24-12, July 15, 2024
Rule 2403.
(1) A
				  generator or distributor shall have a valid permit before commencing any
				  biosolids land application or distribution activity in the state of
				  Michigan.
(2) A generator or
				  distributor shall submit a permit application on a form provided by the
				  department not less than 180 days before expiration of an existing permit,
				  commencement of biosolids land application, or distribution of a biosolids
				  derivative, except at retail.
(3)
				  All of the following provisions apply to a residuals management program:
(a) A generator shall submit a residuals
				  management program for approval by the department as required by its
				  permit.
(b) A residuals management
				  program submitted to the department shall include all of the following
				  information:
(i) Size and type of generating
				  facility.
(ii) One year of records
				  representing the volume and concentrations of pollutants in the
				  biosolids.
(iii) Treatment process
				  origin, for example, primary or secondary treatment and the volume of biosolids
				  generated from each process.
(iv) A
				  description of the treatment processes.
(v) Storage volume.
(vi) Transportation methods and spill
				  prevention plan.
(vii) Land
				  application method.
(viii) Land
				  application site list.
(ix) Land
				  application plan.
(x) Pathogen
				  reduction method.
(xi) Vector
				  attraction reduction method.
(xii)
				  Monitoring program.
(c)
				  Upon approval by the department, the generating facility shall implement the
				  approved residuals management program.
(d) A generating facility may modify the
				  approved residuals management program by submitting a proposed modification to
				  the department for approval. The modification shall become effective upon
				  approval by the department.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 24 - LAND APPLICATION OF BIOSOLIDS › Section R. 323.2404 - Imposition of more stringent requirements; proof of payment of costs and fees required; local ordinances

Current through Vol. 24-12, July 15, 2024
Rule 2404.
(1) On
				  a case-by-case basis, the permitting authority may impose requirements for the
				  use of biosolids in addition to, or more stringent than, the requirements in
				  these rules if necessary to protect the public health and the environment from
				  any adverse effect of a pollutant in the biosolids.
(2) A person who land applies biosolids in
				  the state from an out-of-state source shall demonstrate proof of payment of the
				  annual biosolids fee and proof of payment of costs for unreasonable adverse
				  effects on the environment or public health caused by the land application of
				  biosolids from an out-of-state source.
(3) A local unit may enact, maintain, and
				  enforce an ordinance that prohibits the land application of biosolids or a
				  derivative if monitoring indicates a pollutant concentration in excess of that
				  provided in table 1 of R 323.2409(5)(a) until subsequent monitoring indicates
				  that pollutant concentrations do not exceed the concentration provided in table
				  1 of R 323.2409(5)(a).
(4) A local
				  unit may enact an ordinance prescribing standards in addition to, or more
				  stringent than, the standards contained in section 3132 of the act or in these
				  rules under either or both of the following circumstances:
(a) The operation of a biosolids or
				  derivative land application site within the local unit will result in
				  unreasonable adverse effects on the environment or public health within the
				  local unit. The determination that unreasonable adverse effects on the
				  environment or public health will exist shall take into consideration specific
				  populations whose health may be adversely affected within the local
				  unit.
(b) The operation of a
				  biosolids or derivative land application site within the local unit has
				  resulted or will result in the local unit being in violation of other existing
				  state laws or federal laws.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 24 - LAND APPLICATION OF BIOSOLIDS › Section R. 323.2405 - Scope

Current through Vol. 24-12, July 15, 2024
Rule 2405.
(1)
				  This rule does not establish requirements for any of the following:
(a) The use or disposal of septage.
(b) The surface disposal of
				  biosolids.
(c) The incineration of
				  biosolids fired or co-fired in an incinerator, the incinerator in which
				  biosolids are fired or co-fired, or the use or disposal of ash generated during
				  the firing or co-firing of biosolids.
(d) Processes used to treat biosolids or
				  processes used to treat biosolids before final use or disposal, except as
				  provided in R 323.2414 and R 323.2415.
(e) The use or disposal of sludge generated
				  at an industrial facility during the treatment of industrial wastewater,
				  including sewage sludge generated during the treatment of industrial wastewater
				  combined with domestic sewage.
(f)
				  The use or disposal of sewage sludge determined to be hazardous in accordance
				  with part 111 of the act.
(g) The
				  use or disposal of sewage sludge that has a concentration of polychlorinated
				  biphenyls (PCBs) equal to or greater than 50 milligrams per kilogram of total
				  solids (dry weight basis).
(h) The
				  use or disposal of grit, for example, sand, gravel, cinders, or other materials
				  that have a high specific gravity or the use or disposal of screenings, for
				  example, relatively large materials such as rags, generated during preliminary
				  treatment of domestic sewage or sanitary sewage in a treatment works.
(i) The use or disposal of sludge generated
				  during the treatment of either surface water or groundwater used for drinking
				  water.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 24 - LAND APPLICATION OF BIOSOLIDS › Section R. 323.2407 - Applicability of R 323.2408(1) and (4) and R 323.2410(3), (4), and (6)

Current through Vol. 24-12, July 15, 2024
Rule 2407.
(1) The
				  requirements specified in R 323.2408(1) and (4) and the management practices
				  required in R 323.2410(3), (4), and (6) do not apply when bulk biosolids or a
				  bulk derivative is applied to the land if the bulk biosolids or bulk derivative
				  meets the criteria for exceptional quality.
(2) The requirements specified in R 323.2408
				  and the management practices in R 323.2410 do not apply when non-bulk biosolids
				  or a non-bulk derivative is sold or given away in a bag or other container for
				  application to the land if biosolids or a derivative meets the criteria for
				  exceptional quality.
(3) The
				  department may apply any or all of the requirements specified in R 323.2408 and
				  the management practices in R 323.2410 to biosolids or a derivative as
				  specified in R 323.2407(1) and (2) on a case-by-case basis after determining
				  that the general requirements or management practices are needed to protect the
				  public health and the environment from any reasonably anticipated adverse
				  effect that may occur from any pollutant in the biosolids.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 24 - LAND APPLICATION OF BIOSOLIDS › Section R. 323.2408 - Application of certain biosolids to certain areas prohibited; application of biosolids from more than 1 source or septage prohibited; applicators duty to obtain information; generator notification duty

Current through Vol. 24-12, July 15, 2024
Rule 2408.
(1) A
				  person shall not apply bulk biosolids subject to the cumulative pollutant
				  loading rates specified in R 323.2409(5)(b) to agricultural land, a forest, a
				  public contact site, or a reclamation site if any of the cumulative pollutant
				  loading rates specified in R 323.2409(5)(b) have been reached.
(2) A person shall not knowingly apply
				  biosolids from more than 1 source or septage to the same land application site
				  within the same crop year.
(3) A
				  person who applies biosolids to the land shall obtain information needed to
				  comply with all of the following requirements:
(a) Before a person applies bulk biosolids
				  subject to the cumulative pollutant loading rates in R 323.2409(5)(b) to the
				  land, the person shall contact the state to determine whether bulk biosolids
				  subject to the cumulative pollutant loading rates in R 323.2409(5)(b) have been
				  applied to the site since July 20, 1993, except when the land has been owned by
				  the generator since July 20, 1993, and the cumulative loading rate is known.
				  The notification requirements in subrule (4) of this rule still
				  apply.
(b) If bulk biosolids
				  subject to the cumulative pollutant loading rates in R 323.2409(5)(b) have not
				  been applied to the site since July 20, 1993, then a person may apply the
				  cumulative amount for each pollutant listed in table 2 in R 323.2409(5)(b) to
				  the site in accordance with R 323.2409(2)(a).
(c) If bulk biosolids subject to the
				  cumulative pollutant loading rates in R 323.2409(5)(b) have been applied to the
				  site since July 20, 1993, and if the cumulative amount of each pollutant
				  applied to the site in the bulk biosolids since that date is known, then a
				  person shall use the cumulative amount of each pollutant applied to the site to
				  determine the additional amount of each pollutant that can be applied to the
				  site in accordance with R 323.2409(2)(a).
(d) If bulk biosolids subject to the
				  cumulative pollutant loading rates in R 323.2409(5)(b) have been applied to the
				  site since July 20, 1993, and if the cumulative amount of each pollutant
				  applied to the site in the bulk biosolids since that date is not known, then a
				  person shall not apply an additional amount of each pollutant to the site in
				  accordance with R 323.2409(2)(a).
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 24 - LAND APPLICATION OF BIOSOLIDS › Section R. 323.2409 - Application of limitations

Current through Vol. 24-12, July 15, 2024
Rule 2409.
(1) A
				  person shall not apply bulk biosolids or biosolids sold or given away in a bag
				  or other container to the land if the concentration of any pollutant in the
				  biosolids exceeds the ceiling concentration for the pollutant in table 1 of
				  this rule.
(2) If bulk biosolids
				  are applied to agricultural land, a forest, a public contact site, or a
				  reclamation site, then the applicator shall comply with either of the following
				  provisions:
(a) The cumulative loading rate
				  for each pollutant shall not exceed the cumulative pollutant-loading rate for
				  the pollutant in table 2 of this rule.
(b) The concentration of each pollutant in
				  the biosolids shall not exceed the concentration for the pollutant in table 3
				  of this rule.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 24 - LAND APPLICATION OF BIOSOLIDS › Section R. 323.2410 - Management practices

Current through Vol. 24-12, July 15, 2024
Rule 2410.
(1) A
				  person shall not apply bulk biosolids to the land if it is likely to adversely
				  affect a threatened or endangered species listed under section 36503 of the act
				  or its designated critical habitat.
(2) A person shall not apply bulk biosolids
				  to agricultural land, a forest, a public contact site, or a reclamation site
				  that is flooded, saturated with water, frozen, or snow-covered so that the bulk
				  biosolids enter a wetland or other waters of the state.
(3) A person may subsurface inject bulk
				  biosolids on frozen or snow-covered ground as long as there is substantial soil
				  coverage of the applied biosolids. A person shall not surface apply bulk
				  biosolids, other than exceptional quality biosolids, on frozen or snow-covered
				  ground, unless otherwise approved by the department.
(4) A person shall not apply bulk biosolids
				  on lands having a slope of more than 6% for surface application or more than
				  12% for subsurface injected biosolids, unless the person uses the bulk
				  biosolids in accordance with a department-approved site management
				  plan.
(5) A person shall apply bulk
				  biosolids to agricultural land, a forest, a public contact site, or a
				  reclamation site at an application rate that is equal to, or less than, the
				  agronomic rate, unless the person that applies bulk biosolids in accordance
				  with a department-approved site management plan.
(6) A generator or distributor shall affix a
				  label to the bag or other container in which biosolids are sold or given away
				  for application to the land or the generator or distributor shall provide an
				  information sheet to the person who receives biosolids sold or given away in
				  another container for application to the land. The label or information sheet
				  shall contain all of the following information:
(a) The name and address of the person who
				  prepared the biosolids that are sold or given away in a bag or other container
				  for application to the land.
(b) A
				  statement that the application of the biosolids to the land is prohibited
				  unless applied according to the instructions on the label or information
				  sheet.
(c) The annual whole
				  biosolids application rate for biosolids that do not cause any of the annual
				  pollutant loading rates in table 4 of R 323.2409(5)(d) to be
				  exceeded.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 24 - LAND APPLICATION OF BIOSOLIDS › Section R. 323.2411 - Operational standards; pathogens and vector attraction reduction

Current through Vol. 24-12, July 15, 2024
Rule 2411.
(1) All
				  of the following provisions apply to pathogens:
(a) A person shall meet the class A pathogen
				  requirements in R 323.2414(2)(a) or the class B pathogen requirements and site
				  restrictions in R 323.2414(3)(a) when bulk biosolids are applied to
				  agricultural land, a forest, a public contact site, or a reclamation
				  site.
(b) A person shall meet the
				  class A pathogen requirements in R 323.2414(2)(a) when bulk biosolids are
				  applied to a lawn or a home garden.a.A person shall meet the class A pathogen
				  requirements in R 323.2414(2)(a) when biosolids are sold or given away in a bag
				  or other container for application to the land.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 24 - LAND APPLICATION OF BIOSOLIDS › Section R. 323.2412 - Frequency of monitoring

Current through Vol. 24-12, July 15, 2024
Rule 2412.
(1) A
				  person shall comply with the frequency of monitoring for all of the following
				  as specified in table 7:
(a) Total nitrogen
				  (TN) or total Kjeldahl nitrogen (TKN).
(b) Ammonium nitrogen (NH4-N).
(c) Nitrate nitrogen (NO3-N).
(d) Total phosphorus (P).
(e) Total potassium (K).
(f) Total solids.
(g) Arsenic.
(h) Cadmium.
(i) Copper.
(j) Lead.
(k) Mercury.
(l) Molybdenum.
(m) Nickel.
(n) Selenium.
(o) Zinc.
The pathogen density requirements in R 323.2414(2)(a) and
					 in R 323.2414(3)(c).
(q)
				  The vector attraction reduction requirements in R 323.2415(4)(a) through (d)
				  and R 323.2415(4)(f) through (h).
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 24 - LAND APPLICATION OF BIOSOLIDS › Section R. 323.2413 - Recordkeeping

Current through Vol. 24-12, July 15, 2024
Rule 2413.
(1) A
				  generator shall keep records for a minimum of 5 years unless a longer period is
				  specified by the permitting authority.
(2) A person who generates bulk biosolids or
				  bulk derivatives, including a generator from out of state, shall keep all of
				  the following records and make the records available for inspection and
				  copying:
(a) Site information of each
				  application site, which includes all of the following information:
(i) A plat map.
(ii) A soil survey map, if
				  available.
(iii) The name and
				  address of the property owner and farm operator if different than the
				  owner.
(iv) The latitude and
				  longitude.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 24 - LAND APPLICATION OF BIOSOLIDS › Section R. 323.2414 - Pathogens

Current through Vol. 24-12, July 15, 2024
Rule 2414.
(1)
				  This rule contains both of the following:
(a)
				  The requirements for biosolids to be classified either class A or class B with
				  respect to pathogens.
(b) The site
				  restrictions for land on which a class B biosolid is applied.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 24 - LAND APPLICATION OF BIOSOLIDS › Section R. 323.2417 - Procedure to determine annual whole biosolids application rate

Current through Vol. 24-12, July 15, 2024
Rule 2417.
(1) A
				  person who applies biosolids to the land shall use the following formula to
				  determine the loading rate:
Loading Rate Formula
AP = PC x 0.002 x AR
Where: AP = applied pollutant in pounds per acre.
PC = pollutant concentration in milligrams per kilogram
					 dry weight.
0.002 = the factor to convert pollutant concentration to
					 pounds per dry ton.
AR = the biosolids application rate in dry tons per
					 acre.
(2) R 323.2409(4)(b) requires
				  that the product of the concentration for each pollutant listed in table 4 of R
				  323.2409(5)(d) in biosolids sold or given away in a bag or other container for
				  application to the land and the annual whole biosolids application rate (AWBAR)
				  for the biosolids not cause the annual pollutant loading rate for the pollutant
				  in table 4 to be exceeded. This rule contains the procedure used to determine
				  the AWBAR for biosolids that do not cause the annual pollutant loading rates in
				  table 4 to be exceeded. The relationship between the annual pollutant-loading
				  rate (APLR) for a pollutant and the annual whole biosolids application rate
				  (AWBAR) for a biosolids is shown in the following equation:
APLR = C x AWBAR X 0.001 equation (1)
Where: APLR = annual pollutant loading rate in kilograms
					 per hectare per 365-day period.
C = pollutant concentration in milligrams per kilogram of
					 total solids (dry weight basis).
AWBAR = annual whole biosolids application rate in metric
					 tons per hectare per 365-day period (dry weight basis).
0.001 = a conversion factor.
(3) To determine the AWBAR, equation (1) is
				  rearranged into the following equation:
AWBAR = APLR / C x 0.001 equation (2)
(4) The procedure used to determine the AWBAR
				  for biosolids is as follows:
(a) Analyze a
				  sample of the biosolids to determine the concentration for each of the
				  pollutants in the biosolids listed in table 4 of R 323.2409(5)(d).
(b) Using the pollutant concentrations from
				  subdivision (a) of this subrule and the APLRs from table 4 of R 323.2409(5)(d),
				  calculate an AWBAR for each pollutant using equation (2) in subrule (3) of this
				  rule.
(c) The AWBAR for the
				  biosolids is the lowest AWBAR calculated in subdivision (b) of the
				  subrule.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 24 - LAND APPLICATION OF BIOSOLIDS › Section R. 323.2418 - Pathogen treatment processes

Current through Vol. 24-12, July 15, 2024
Rule 2418.
(1) The
				  process to significantly reduce pathogens (PSRP) is as follows:
(a) Biosolids are agitated with air or oxygen
				  to maintain aerobic conditions for a specific mean cell residence time at a
				  specific temperature. Values for the mean cell residence time and temperature
				  shall be between 40 days at 20 degrees Celsius and 60 days at 15 degrees
				  Celsius.
(b) Biosolids are dried on
				  sand beds or on paved or unpaved basins. The biosolids dry for a minimum of 3
				  months. During 2 of the 3 months, the ambient average daily temperature is
				  above 0 degrees Celsius.
(c)
				  Biosolids are treated in the absence of air for a specific mean cell residence
				  time at a specific temperature. Values for the mean cell residence time and
				  temperature shall be between 15 days at 35 to 55 degrees Celsius and 60 days at
				  20 degrees Celsius.
(d) Using the
				  within-vessel, static aerated pile, or windrow composting method, the
				  temperature of the biosolids is raised to 40 degrees Celsius or higher and
				  remains at 40 degrees Celsius or higher for 5 days. For 4 hours during the 5
				  days, the temperature in the compost pile exceeds 55 degrees Celsius.
(e) Sufficient lime is added to the biosolids
				  to raise the pH of the biosolids to 12 after 2 hours of contact.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Aquatic Nuisance Control › Section R. 323.3101 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 1. As used in these rules:
(a) "Act" means 1978 PA 368, MCL 333.12561 et
				seq.
(b) "Active ingredient" means
				an ingredient that will prevent, destroy, repel, or control target organisms,
				act as a plant regulator, defoliant, or desiccant, or otherwise alter the
				behavior of plants or chemicals.
(c) "Algae" means any of the group of
				nonvascular aquatic plants which do not have stems, flowers, leaves, and roots,
				and which are single-celled, colonial, or filamentous forms.
(d) "Applicant" means any of the following
				entities:
(i) A person who is the bottomland
				owner.
(ii) A lake board
				established under part 309 of 1994 PA 451.
(iii) A state or local government.
(iv) A person who has written authorization
				to act on behalf of an entity specified in this subdivision.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Aquatic Nuisance Control › Section R. 323.3102 - Activities requiring a permit or certificate of coverage

Current through Vol. 24-12, July 15, 2024
Rule 2.
(1) A permit
				or certificate of coverage shall be obtained from the department before any
				chemical treatment of waters of the state for the purpose of aquatic nuisance
				control, of waters of the state, where the area of impact contains visible
				water at the time of chemical treatment. A permit or certificate of coverage
				shall also be obtained for chemical treatment of the Great Lakes and Lake St.
				Clair where the area of impact is exposed bottomland located below the ordinary
				high water mark.
(2) A person is
				authorized to chemically treat waters of the state without obtaining a permit
				or a certificate of coverage from the department if all of the following
				criteria are met:
(a) A waterbody does not
				have an outlet.
(b) There is no
				record of a state or federal endangered or threatened species, pursuant to part
				365 of 1994 PA 451.
(c) A waterbody
				has a surface area of less than 10 acres.
(d) The bottomlands of a waterbody are owned
				by either of the following:
(i) A single
				person.
(ii) More than 1 person and
				written permission for the proposed chemical treatment is obtained from each
				person.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Aquatic Nuisance Control › Section R. 323.3103 - Registration of pesticides; use of certain chemicals prohibited

Current through Vol. 24-12, July 15, 2024
Rule 3.
(1)
				Pesticides used in waters of the state for aquatic nuisance control shall be
				registered with the EPA, pursuant to section 3 of FIFRA, and the Michigan
				department of agriculture, pursuant to section 8307, 1994 PA 451, MCL 324.8307,
				for the nuisance control activity for which it is proposed.
(2) The department may conduct evaluations of
				the impacts and effectiveness for any chemicals that are proposed for use in
				waters of the state. This may include the issuance of permits for field
				assessments of the chemicals.
(3)
				The director, in consultation with the director of the Michigan department of
				agriculture, may prohibit or suspend the use of a chemical if, based on
				substantial scientific evidence, use of a chemical is shown to cause
				unacceptable negative impacts to human health or the environment. The
				department shall not issue permits authorizing the use of such chemicals. In
				addition, a person shall cease the use of such chemicals upon notification by
				the department.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Aquatic Nuisance Control › Section R. 323.3104 - Application for permit or certificate of coverage

Current through Vol. 24-12, July 15, 2024
Rule 4.
(1) An
				applicant shall file an application for a permit or a certificate of coverage
				with the department on a form provided by the department. An application shall
				include all of the following information:
(a)
				The active ingredient or chemical trade name, and proposed application rate for
				each chemical proposed for use.
(b)
				A map or maps, to scale, of the waterbody which clearly delineates the proposed
				area or areas of impact for each chemical type.
(c) The name, address or lot number, and
				telephone number for all bottomland owners whose property is in the proposed
				area of impact, except as follows:
(i) If the
				proposed area of impact is to involve the property of 5 or more bottomland
				owners, contact information is required for 5 persons who will know the date of
				treatment, the chemicals used, and the area or areas of impact for each
				chemical treatment.
(ii) If an
				applicant has an emergency notification procedure, contact information is
				required for 1 person who will know the date of treatment, the chemicals used,
				and the area or areas of impact for each chemical treatment.
(iii) If an applicant has contracted with a
				person to provide chemical treatment of aquatic nuisances, who has an emergency
				notification procedure, the applicant shall identify the person and provide a
				copy of the contract or authorization form.
(d) Any additional information the department
				deems pertinent to reaching a decision.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Aquatic Nuisance Control › Section R. 323.3105 - Permits

Current through Vol. 24-12, July 15, 2024
Rule 5.
(1) A permit
				shall, at a minimum, include all of the following information:
(a) The active ingredient or the trade name
				of each chemical to be applied.
(b)
				The application rate of each chemical.
(c) The maximum amount of each chemical to be
				applied per treatment.
(d) Minimum
				length of time between treatments for each chemical.
(e) A map or maps that clearly delineate the
				approved area or areas of impact.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Aquatic Nuisance Control › Section R. 323.3107 - Fluridone use

Current through Vol. 24-12, July 15, 2024
Rule 7.
(1) The
				department may issue permits for the use of a liquid formulation of fluridone
				as a spring treatment to control Eurasian watermilfoil, as follows:
(a) A permit may be issued if the department
				determines that both of the following provisions apply:
(i) There is widespread distribution of
				Eurasian watermilfoil in the lake.
(ii) The abundance of Eurasian watermilfoil
				causes it to be an aquatic nuisance.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Aquatic Nuisance Control › Section R. 323.3108 - Denial of a permit or a certificate of coverage

Current through Vol. 24-12, July 15, 2024
Rule 8.
(1) The
				department shall deny a permit application, or a part of a permit application,
				in any of the following circumstances:
(a) The
				proposed use of a pesticide is inconsistent with its label pursuant to
				FIFRA.
(b) The proposed use of a
				pesticide is not registered by the Michigan department of agriculture pursuant
				to part 83 of 1994 PA 451 and the EPA pursuant to FIFRA.
(c) The proposed use of a chemical, though in
				accordance with the label and otherwise in compliance with these rules or in
				combination with other aquatic management activities, is likely to result in
				economic loss, recreational damage, a public health hazard, unacceptable
				negative impacts to natural resources, or failure to provide control of the
				aquatic nuisance, as determined by the department.
(d) An application for chemical treatment of
				higher aquatic plants is postmarked after August 15 in the year for which
				treatment is proposed.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Aquatic Nuisance Control › Section R. 323.3109 - Revocation of permit or certificate of coverage

Current through Vol. 24-12, July 15, 2024
Rule 9.
(1) The
				department may revoke a permit or certificate of coverage for cause, including
				any of the following:
(a) The department
				determines, through information not available to the department at the time of
				permit issuance, that the use of a chemical, although otherwise in accordance
				with the label and these rules or in combination with other aquatic management
				activities, is likely to result in economic loss, recreational damage, a public
				health hazard, unacceptable negative impacts to natural resources, or failure
				to provide control of the aquatic nuisance, as determined by the
				department.
(b) Failure to comply
				with any condition of a permit, the act, or these rules, as determined by the
				department.
(c) Obtaining a permit
				or certificate of coverage by misrepresentation or failure to fully disclose
				relevant facts.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Aquatic Nuisance Control › Section R. 323.3110 - Permit amendments

Current through Vol. 24-12, July 15, 2024
Rule 10.
(1) The
				department may make minor revisions, based on minimizing the impacts to the
				natural resources, public health, and safety, to a permit before permit
				expiration, if the proposed revisions do not involve a change in the scope of
				the project, and upon receipt of a written request from the permittee that
				includes all of the following information:
(a)
				The proposed changes to the permit.
(b) An explanation of the necessity for the
				proposed changes.
(c) Maps that
				clearly delineate any proposed changes to the area or areas of
				impact.
(d) Additional information
				that would help the department reach a decision on a permit
				amendment.