reglab/statecodes huggingface dataset:
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Great Lakes Bottomlands Preserve › Section R. 299.6012 - Grand Traverse Bay Great Lakes state bottomland preserve; establishment

Current through Vol. 24-12, July 15, 2024
Rule 12.
(1) The
				following described area is established as the Grand Traverse Bay Great Lakes
				state bottomland preserve:
An area of Lake Michigan bottomlands including the water
				  surface described as: beginning at the point where the northernmost portion of
				  Cathead Point, Leelanau County intersects the Ordinary High Water Mark (OHWM)
				  of Lake Michigan (approximately 45Chr(176)11'15"N, -85Chr(176)37'04"W), thence
				  northeasterly to a point in Lake Michigan lying at 45Chr(176)13'54N,
				  -85Chr(176)33'14"W (north of Lighthouse Point, Leelanau County) thence
				  proceeding easterly along latitude line 45Chr(176)13'54"N until it intersects
				  the OHWM in Charlevoix County (approximately 45Chr(176)13'54"N,
				  -85Chr(176)23'19"W, north of Norwood), thence along the OHWM of Grand Traverse
				  Bay generally southerly, westerly, and northerly, to the point of beginning,
				  including all of the West and East arm of Grand Traverse Bay, excluding all
				  islands above the ordinary high waterline of Lake Michigan and previously
				  conveyed areas, containing 295 square miles, more or less.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Great Lakes Bottomlands Preserve › Section R. 299.6013 - West Michigan Great Lakes state bottomland preserve; establishment

Current through Vol. 24-12, July 15, 2024
Rule 13.
(1) The
				following described area is established as the West Michigan Great Lakes state
				bottomland preserve:
(a) An area of Lake
				Michigan bottomlands including the water surface described as: beginning north
				of the Big Sable Lighthouse at a point on the shoreline N44Chr(176) 04.900 /
				W086Chr(176) 29.430 and following the natural ordinary high-water mark
				southerly to a point on the shoreline N42Chr(176) 50.017 / W086Chr(176) 12.683,
				thence due west 4 statute miles, thence northerly parallel to the natural
				ordinary high-water mark to a point 4 statute miles due west of said shoreline
				point N44Chr(176) 04.900 / W086Chr(176) 29.430, thence due east 4 statute miles
				to the point of beginning, containing 345 square miles, more or less.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Great Lakes Submerged Lands › Section R. 322.1002 - Applications for deeds, leases, agreements, and certificates; forms; content

Current through Vol. 24-12, July 15, 2024
Rule 2.
(1)
				Application forms for deeds, leases, or agreements to use or alter unpatented
				lands, for certificates of lakeward boundary and accretion, or for agreements
				for use of water areas over patented or unpatented bottomlands may be obtained
				from the department. The applicant shall file separately for each parcel of
				bottomland, unless the parcels of bottomland front a single upland ownership.
				If the parcels front a single upland ownership, 1 application may be
				submitted.
(2) An application for
				deeds, leases, agreements, or certificates shall not be considered
				administratively complete by the department until all information requested on
				the application form, the application fee, and any other information requested
				by the department have been received by the department. After receipt of an
				otherwise complete application, the department may request such additional
				information, environmental assessments, appraisals, records, or documents as
				are determined to be necessary to make a decision to grant or deny such a
				conveyance. The department shall notify the applicant in writing when the
				application is administratively complete.
(3) If an applicant fails to respond to any
				written inquiry or request from the department within 30 days, the application
				shall be denied without prejudice and the file shall be closed.
(4) Application fees shall be submitted to
				the department with the initial submittal of an application form. The fee shall
				be paid by check, money order, or draft made payable to: "State of
				Michigan."
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Great Lakes Submerged Lands › Section R. 322.1003 - Marina lease application; criteria and procedures

Current through Vol. 24-12, July 15, 2024
Rule 3.
(1) When an
				application is made for filled or unfilled bottomland or water area for marina
				purposes, the protection and enhancement of the public trust in the bottomlands
				and waters of the Great Lakes shall be of primary concern. The department shall
				consider the character and current uses of the adjacent upland. An applicant
				may be required to furnish supporting evidence, satisfactory to the department,
				that marina services in the locality are necessary and feasible.
(2) In addition to the application
				requirements of R 322.1002, a survey shall be provided which specifies the
				location of all fills, pilings, structures, and improvements, including all of
				the following:
(a) The existing and planned
				mooring area.
(b) Boat
				storage.
(c) Turning
				basins.
(d) Traffic
				lanes.
(e) The location, number,
				and size of all boat wells, slips, and pump-out facilities.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Great Lakes Submerged Lands › Section R. 322.1004 - Marina lease conditions

Current through Vol. 24-12, July 15, 2024
Rule 4. A lease shall provide for all of the following
				  conditions to be maintained by both the lessee and the department:
(a) A term of not more than 50 years. A lease
				may provide for its renewal or extension upon satisfactory performance during
				the prior term.
(b) An advance
				annual rental fee to be determined by the department. The annual rental fee
				shall not be less than $50.00. The department shall review the annual rental
				fee once every 5 years and adjust the annual rental fee to reflect changes in
				the general economic conditions. The changes shall be based on the percentage
				change of the United States bureau of labor statistics 'all-items' index, and
				other economic indicators.
(c) That
				the assignment or other agreement modifying the lease is not binding on the
				department unless approved in writing by the department. An executed copy of
				the assignment or agreement shall be furnished to the department for
				approval.
(d) That the marina
				construction shall be completed within a specified term, normally not more than
				2 years from the date of issuance of the lease. An extension of time may be
				granted by the department for just cause. The lease shall be forfeited if the
				lessee does not complete the marina within the specified time set forth in the
				lease or the extension authorized by the department.
(e) That the construction and operation of
				the facility will not adversely impair the use of or destroy the waters or
				natural resources of the state.
(f)
				That the facility shall be maintained in an aesthetically pleasing
				manner.
(g) That the structures do
				not constitute a safety or navigation hazard and shall be maintained in good
				repair.
(h) That the lessee shall
				have sole maintenance responsibility of the facility and shall remove
				structures and improvements on the leased premises after nonuse or abandonment.
				Nonuse or abandonment shall occur when the facility is not used for commercial
				purposes for 2 successive seasons following completion of construction or
				execution of a lease.
(i) That upon
				nonuse or abandonment of the leased premises for marina purposes, or failure to
				construct or operate the marina facility in accordance with the lease
				conditions, the lessee shall execute and deliver to the department a release in
				recordable form of all his or her rights and interests in the lease premises.
				The release shall not relieve the lessee of the lease and surety bond
				requirements until all obligations have been met and the bond is duly
				discharged.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Great Lakes Submerged Lands › Section R. 322.1005 - Agreements; department authorization; conditions

Current through Vol. 24-12, July 15, 2024
Rule 5. Persons shall secure an agreement from the department
				  to use patented and unpatented bottomlands for industrial and commercial
				  wharfage and other private waterfront development. At a minimum, the following
				  conditions shall be in all agreements:
(a) Occupancy shall be governed by the terms
				of the act.
(b) Maintenance
				operations and improvements shall be approved by the department and shall not
				interfere with the public trust in adjacent waters and rights of adjacent
				riparian owners.
(c) At the time
				the agreement is terminated, all facilities and installations, including fills,
				shall be removed by the occupant to the satisfaction of the
				department.
(d) Assignment of an
				agreement shall not be binding on the department, unless approved in writing by
				the department.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Great Lakes Submerged Lands › Section R. 322.1006 - Conveyance applications; approval criteria; provision for public access to Great Lakes waters required

Current through Vol. 24-12, July 15, 2024
Rule 6.
(1) Review
				of an application for a deed, lease, agreement, certificate of boundary
				determination, or certificate of accretion shall be based on the following
				criteria:
(a) Whether the deed, lease, or
				agreement has a clear and present necessity beyond mere convenience or
				economy.
(b) Whether the conveyance
				of unfilled submerged lands is necessary to accomplish the purposes and
				activities stated in the act.
(c)
				Whether the project conforms to required sanitation laws and does not injure
				the material rights of adjoining riparian owners or any riparian owners of the
				water affected.
(d) A determination
				by the department that the private or public use of such lands and waters will
				neither substantially affect the public use thereof nor impair the public trust
				or interest of the state.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Great Lakes Submerged Lands › Section R. 322.1007 - Conveyance of real estate rights; determination of fair, cash market value

Current through Vol. 24-12, July 15, 2024
Rule 7.
(1) The
				consideration to be paid to the state for each bottomland parcel to be conveyed
				shall be determined by the department, but at no time shall the consideration
				be less than $50.00.
(2) The
				consideration to be paid as fair cash market value for a deed to filled
				unpatented bottomlands shall be determined as follows:
(a) Fills placed before the effective date of
				the act or before state permit authority, except those processed in accordance
				with subdivision (d) of this subrule, shall be charged 30% of the filled
				bottomland or full market value of the unfilled bottomlands, whichever is
				greater, giving due consideration to riparian rights.
(b) Fills placed after proper permits were
				obtained shall be charged a minimum of 30% of the value of the filled
				bottomland or full market value of the unfilled bottomlands, whichever is
				greater, giving due consideration to riparian rights.
(c) Fills placed in violation of the
				permitting authority of the act, if conveyed, shall be charged a minimum 100%
				of the value of the filled bottomlands based on their highest and best use. Due
				consideration may be given to riparian rights.
(d) Fills which were placed before the
				effective date of the act, which are used for residential purposes, which are
				part of a recorded subdivision, which are less than 1/4 acre, and which do not
				adversely affect the public trust may be charged a fee of $500.00 as the full
				market value. The fee stated in this subdivision shall be adjusted every 5
				years according to the bureau of labor statistics 'all-items' index and other
				economic indicators.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Great Lakes Submerged Lands › Section R. 322.1008 - Permits

Current through Vol. 24-12, July 15, 2024
Rule 8.
(1) A
				riparian owner shall obtain a permit from the department before dredging,
				filling, or placing spoil or other materials on bottomlands; dredging,
				altering, or maintaining an existing upland channel; or constructing a new
				upland channel.
(2) A permit for
				upland channelling, as required in section 12 of the act, is not required for
				the construction of boat wells and slips which are not more than 50 feet in
				length, as measured inland from the ordinary high-water mark, and which
				facilitate private, noncommercial recreational boat use, if dredging or
				placement of spoil does not extend lakeward of the ordinary high-water
				mark.
(3) Placing spoil or other
				material on bottomlands does not include either of the following:
(a) Seasonal, private, noncommercial docks
				and boat hoists.
(b) Maintenance of
				a structure constructed under a permit issued pursuant to the act, if the
				maintenance is in place and in kind with no design or materials
				modification.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Great Lakes Submerged Lands › Section R. 322.1009 - Permit application procedures

Current through Vol. 24-12, July 15, 2024
Rule 9.
(1) An
				application for a permit shall be made on a form as prescribed and provided by
				the department. Application forms may be obtained from the department or from
				any designated field office of the department.
(2) An application for a permit shall not be
				considered administratively complete until all information requested on the
				application form, the application fee, and any other information requested by
				the department have been received by the department. After receipt of an
				otherwise complete application, the department may request such additional
				information, environmental assessments, records, or documents as are determined
				to be necessary to make a decision to grant or deny a permit. The department
				shall notify the applicant in writing when the application is administratively
				complete.
(3) If an applicant fails
				to respond to any written inquiry or request from the department within 30
				days, the application shall be denied without prejudice and the file shall be
				closed.
(4) For upland channels, a
				fee of not less than $50.00, payable to: "State of Michigan," shall accompany
				the application.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Great Lakes Submerged Lands › Section R. 322.1010 - Notification of pending applications; determination of applications; copies

Current through Vol. 24-12, July 15, 2024
Rule 10.
(1) Upon
				receiving an application for a permit or conveyance, except for applications
				for those projects stated in R 322.1013, the department shall submit copies for
				review to all of the following:
(a) The
				director of public health or the local health department designated by the
				director.
(b) The county, city,
				village, or township clerk.
(c) The
				county drain or road commissioners.
(d) The local port commission, if
				any.
(e) The 2 adjacent riparian
				property owners.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Great Lakes Submerged Lands › Section R. 322.1011 - Permit issuance; conditions and requirements

Current through Vol. 24-12, July 15, 2024
Rule 11.
(1) The
				department may require such permit conditions as it deems reasonable and
				necessary to protect the public trust and private riparian interests, including
				any of the following conditions:
(a) The
				existence of a surety bond or other acceptable guarantee before issuing a
				permit for projects with the potential for significant environmental impact and
				the ability of the applicant to complete the project satisfactorily during the
				period of the permit.
(b) That
				dredged materials be deposited in a manner which will cause the least damage to
				the public trust, benefit public interests, or mitigate damage done through
				navigation projects.
(c) That
				filling, dredging, and placing spoil and other materials on bottomlands shall
				be conducted in a manner which will cause the least damage to the public trust
				and least disruption to the littoral drift and longshore processes, enhance the
				public trust or interests, or mitigate damages.
(d) Monitoring to assure that injury to the
				natural resources or to the riparian interests of adjacent property owners does
				not occur, including specifically monitoring the littoral drift in the project
				areas.
(e) That the project be in
				compliance with local zoning ordinances. If the facility is not in compliance
				and the local unit of government having proper jurisdiction notifies the
				department at the time of public notice objecting to the issuance of a permit,
				the department shall withhold permit issuance for 30 days from the date of
				expiration of public notice. If the local unit of government does not file an
				action to restrain operation of the facility in a public forum within the
				specified 30-day time frame, the department may issue a permit if all other
				criteria are met.
(f) That the work
				specified in the permit shall be completed within a specified term, normally
				not more than 1 year from the date of issuance, or as otherwise determined by
				the department. An extension of time may be granted by the department for just
				cause.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Great Lakes Submerged Lands › Section R. 322.1012 - Upland channelling; requirements

Current through Vol. 24-12, July 15, 2024
Rule 12.
(1) The
				department shall not issue a permit for upland channelling, unless the project
				conforms to all of the following provisions:
(a) The channel will not significantly impair
				the public trust or interest, including fish and wildlife habitat, in the
				adjacent land and water area.
(b)
				The channel and adjacent commercial or residential development will conform to
				the requirements for platting land, local zoning, and sanitation
				laws.
(c) The channel will not
				cause material injury to the rights of adjoining riparian owners or any
				riparian owners of the water affected.
(d) The channel will be maintained pursuant
				to the conditions of the permit by existing and future owners of the land
				fronting the channel.
(e)
				Channelling will not be in conflict with other state statutes.
(f) Channels in multi-residential or
				commercial developments will be of sufficient width to accommodate prospective
				traffic, watercraft dockage, and maintenance dredging.
(g) Channels will be constructed to a
				sufficient depth to minimize weed growth.
(h) Stabilization of channel banks will be
				required to control bank slumping and siltation.
(i) Channels for multi-residential or
				commercial projects will be constructed so that the channel banks are a minimum
				of 100 feet from each adjacent riparian property line, except where an adjacent
				riparian owner's approval has been obtained.
(j) All dredged materials will be handled
				pursuant to R 322.1011.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Great Lakes Submerged Lands › Section R. 322.1015 - Environmental assessment

Current through Vol. 24-12, July 15, 2024
Rule 15. In each application for a permit, lease, deed, or
				  agreement for bottomland, existing and potential adverse environmental effects
				  shall be determined. Approval shall not be granted unless the department has
				  determined both of the following:
(a)
				That the adverse effects to the environment, public trust, and riparian
				interests of adjacent owners are minimal and will be mitigated to the extent
				possible.
(b) That there is no
				feasible and prudent alternative to the applicant's proposed activity which is
				consistent with the reasonable requirements of the public health, safety, and
				welfare.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Great Lakes Submerged Lands › Section R. 322.1016 - Inspection and certification of completed projects

Current through Vol. 24-12, July 15, 2024
Rule 16.
(1) The
				department may issue a certification for a project after final inspection, if
				the project was satisfactorily performed according to state permit.
(2) Where notice of certification is required
				as a permit condition, the permittee shall notify the department within 10 days
				of completion of the project to schedule a final inspection for certification.
				The department shall schedule its field inspection of a completed project when
				weather conditions will permit a thorough inspection.
(3) When any permit conditions are not
				complied with, enforcement action may be brought against the permit
				holder.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Great Lakes Submerged Lands › Section R. 322.1017 - Hearings

Current through Vol. 24-12, July 15, 2024
Rule 17.
(1) The
				department may hold a public comment hearing when a proposed project appears to
				be controversial, where additional information is desired before action by the
				department, or upon request, if such request is made within the public notice
				period.
(2) Persons aggrieved by an
				action or inaction of the department may request a formal hearing on the
				matter, pursuant to the provisions of Act No. 306 of the Public Acts of 1969,
				as amended, being §24.201 et seq. of the Michigan Compiled Laws, within 60
				days of the notice of the department's decision.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Great Lakes Submerged Lands › Section R. 322.1018 - Rescission

Current through Vol. 24-12, July 15, 2024
Rule 18. R 281.901 to R 281.915 of the Michigan
				  Administrative Code, appearing on pages 973 to 977 of the 1979 Michigan
				  Administrative Code, are rescinded.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 4 - WATER QUALITY STANDARDS › Section R. 323.1041 - Purpose

Current through Vol. 24-12, July 15, 2024
Rule 41. The purpose of the water quality standards as
					 prescribed by these rules is to establish water quality requirements applicable
					 to the Great Lakes, the connecting waters, and all other surface waters of the
					 state, to protect the public health and welfare, to enhance and maintain the
					 quality of water, to protect the state's natural resources, and to serve the
					 purposes of Public Law 92-500, as amended, 33 U.S.C. 1251 et seq., Part 31,
					 Water Resources Protection, 1994 PA 451, MCL 324.3101 to 324.3119, and the
					 Great Lakes water quality agreement enacted November 22, 1978, and amended in
					 1987. These standards may not reflect current water quality in all cases. Water
					 quality of certain surface waters of the state may not meet standards as a
					 result of natural causes or conditions unrelated to human influence. Where
					 surface waters of the state may have been degraded due to past human activities
					 and attainment of standards in the near future is not economically or
					 technically achievable, these standards shall be used to improve water quality.
					 These standards are the minimum water quality requirements by which the surface
					 waters of the state shall be managed.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 4 - WATER QUALITY STANDARDS › Section R. 323.1044 - Definitions; M to W

Current through Vol. 24-12, July 15, 2024
Rule 44. As used in this part:
(a) "Maximum acceptable toxicant
				  concentration (MATC)" means the concentration obtained by calculating the
				  geometric mean of the lower and upper chronic limits from a chronic test. A
				  lower chronic limit is the highest tested concentration that did not cause the
				  occurrence of a specific adverse effect. An upper chronic limit is the lowest
				  tested concentration which did cause the occurrence of a specific adverse
				  effect and above which all tested concentrations caused such an
				  occurrence.
(b) "Mixing zone" means
				  the portion of a water body in which a point source discharge or venting
				  groundwater is mixed with the receiving water.
(c) "Natural water temperature" means the
				  temperature of a body of water without an influence from an artificial source
				  or a temperature as otherwise determined by the department.
(d) "New discharge" means any building,
				  structure, facility, or installation from which there is or may be a discharge
				  of substances to the surface waters of the state, the construction of which
				  commenced after July 29, 1997.
(e)
				  "No observed adverse effect level (NOAEL)" means the highest tested dose or
				  concentration of a substance that results in no observed adverse effect in
				  exposed test organisms where higher doses or concentrations result in an
				  adverse effect.
(f) "Nonpoint
				  source" means a source of material to the surface waters of the state other
				  than a source defined as a point source.
(g) "Octanol-water partition coefficient
				  (Kow)" means the ratio of the concentration of a substance in the n-octanol
				  phase to its concentration in the aqueous phase in an equilibrated 2-phase
				  octanol-water system. For log Kow, the log of the octanol-water partition
				  coefficient is a base 10 logarithm.
(h) "Palatable" means the state of being
				  agreeable or acceptable to the sense of sight, taste, or smell.
(i) "Partial body contact recreation" means
				  any activities normally involving direct contact of some part of the body with
				  water, but not normally involving immersion of the head or ingesting water,
				  including fishing, wading, hunting, and dry boating.
(j) "Plant nutrients" means the chemicals,
				  including nitrogen and phosphorus, necessary for the growth and reproduction of
				  aquatic rooted, attached, and floating plants, fungi, or bacteria.
(k) "Point source" means a discharge that is
				  released to the surface waters of the state by a discernible, confined, and
				  discrete conveyance, including any of the following from which wastewater is or
				  may be discharged:
(i) A pipe.
(ii) A ditch.
(iii) A channel.
(iv) A tunnel.
(v) A conduit.
(vi) A well.
(vii) A discrete fissure.
(viii) A container.
(ix) A concentrated animal feeding
				  operation.
(x) A boat or other
				  watercraft.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 4 - WATER QUALITY STANDARDS › Section R. 323.1050 - Physical characteristics

Current through Vol. 24-12, July 15, 2024
Rule 50. The surface waters of the state shall not have any
					 of the following physical properties in unnatural quantities which are or may
					 become injurious to any designated use:
(a) Turbidity.
(b) Color.
(c) Oil films.
(d) Floating solids.
(e) Foams.
(f) Settleable solids.
(g) Suspended solids.
(h) Deposits.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 4 - WATER QUALITY STANDARDS › Section R. 323.1051 - Dissolved solids

Current through Vol. 24-12, July 15, 2024
Rule 51.
(1) The
				  addition of any dissolved solids shall not exceed concentrations which are or
				  may become injurious to any designated use. Point sources containing dissolved
				  solids shall be considered by the commission on a case-by-case basis and
				  increases of dissolved solids in the waters of the state shall be limited
				  through the application of best practicable control technology currently
				  available as prescribed by the administrator of the United States environmental
				  protection agency pursuant to section 304(b) of Public Law 92-500, as amended,
				  33 U.S.C. §466 et seq., except that in no instance shall total dissolved
				  solids in the waters of the state exceed a concentration of 500 milligrams per
				  liter as a monthly average nor more than 750 milligrams per liter at any time,
				  as a result of controllable point sources.
(2) The waters of the state designated as a
				  public water supply source shall not exceed 125 milligrams per liter of
				  chlorides as a monthly average, except for the Great Lakes and connecting
				  waters, where chlorides shall not exceed 50 milligrams per liter as a monthly
				  average.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 4 - WATER QUALITY STANDARDS › Section R. 323.1053 - Hydrogen ion concentration

Current through Vol. 24-12, July 15, 2024
Rule 53. The hydrogen ion concentration expressed as pH
					 shall be maintained within the range of 6.5 to 9.0 S.U. in all surface waters
					 of the state, except for those waters where the background pH lies outside the
					 range of 6.5 to 9.0 S.U. Any requests to artificially induce a pH change
					 greater than 0.5 S.U. in surface waters where the background pH lies outside
					 the range of 6.5 to 9.0 S.U., shall be considered by the department on a
					 case-by-case basis.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 4 - WATER QUALITY STANDARDS › Section R. 323.1055 - Taste- or odor-producing substances

Current through Vol. 24-12, July 15, 2024
Rule 55. The surface waters of the state shall contain no
					 taste-producing or odor-producing substances in concentrations which impair or
					 may impair their use for a public, industrial, or agricultural water supply
					 source or which impair the palatability of fish as measured by test procedures
					 approved by the department.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 4 - WATER QUALITY STANDARDS › Section R. 323.1057 - Toxic substances

Current through Vol. 24-12, July 15, 2024
Rule 57.
(1) Toxic
				  substances shall not be present in the surface waters of the state at levels
				  that are or may become injurious to the public health, safety, or welfare,
				  plant and animal life, or the designated uses of the waters. As a minimum level
				  of protection, toxic substances shall not exceed the water quality values
				  specified in, or developed pursuant to, the provisions of subrules (2) to (4)
				  of this rule or conditions set forth by the provisions of subrule (6) of this
				  rule. A variance to these values may be granted consistent with the provisions
				  of R 323.1103.
(2) Levels of toxic
				  substances in the surface waters of the state shall not exceed the aquatic life
				  values specified in tables 1 and 2, or, in the absence of such values, values
				  derived according to the following processes, unless site-specific
				  modifications have been developed pursuant to subdivision (r) of this subrule:
(a) Minimum data requirements to derive a
				  tier I final acute value (FAV), which is used to calculate a tier I aquatic
				  maximum value (AMV), include the results of acceptable acute tests for 1
				  freshwater species from each of the following:
(i) The family salmonidae in the class
				  Osteichthyes.
(ii) One other
				  family, preferably a commercially or recreationally important warmwater
				  species, in the class Osteichthyes.
(iii) A third family in the phylum
				  Chordata.
(iv) A planktonic
				  crustacean.
(v) A benthic
				  crustacean.
(vi) An
				  insect.
(vii) A family in a phylum
				  other than Arthropoda or Chordata.
(viii) A family in any order of insect or any
				  phylum not already represented.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 4 - WATER QUALITY STANDARDS › Section R. 323.1058 - Radioactive substances

Current through Vol. 24-12, July 15, 2024
Rule 58. The control and regulation of radioactive
					 substances discharged to the waters of the state shall be pursuant to the
					 criteria, standards, or requirements prescribed by the United States nuclear
					 regulatory commission in10 C.F.R. §20.1 et seq. and by the United States
					 environmental protection agency.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 4 - WATER QUALITY STANDARDS › Section R. 323.1060 - Plant nutrients

Current through Vol. 24-12, July 15, 2024
Rule 60.
(1)
				  Consistent with Great Lakes protection, phosphorus which is or may readily
				  become available as a plant nutrient shall be controlled from point source
				  discharges to achieve 1 milligram per liter of total phosphorus as a maximum
				  monthly average effluent concentration unless other limits, either higher or
				  lower, are deemed necessary and appropriate by the department.
(2) In addition to the protection provided
				  under subrule (1) of this rule, nutrients shall be limited to the extent
				  necessary to prevent stimulation of growths of aquatic rooted, attached,
				  suspended, and floating plants, fungi or bacteria which are or may become
				  injurious to the designated uses of the surface waters of the state.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 4 - WATER QUALITY STANDARDS › Section R. 323.1062 - Microorganisms

Current through Vol. 24-12, July 15, 2024
Rule 62.
(1) All
				  surface waters of the state protected for total body contact recreation shall
				  not contain more than 130 Escherichia coli (E. coli) per 100 milliliters, as a
				  30-day geometric mean. Compliance shall be based on the geometric mean of all
				  individual samples taken during 5 or more sampling events representatively
				  spread over a 30-day period. Each sampling event shall consist of 3 or more
				  samples taken at representative locations within a defined sampling area. At no
				  time shall the surface waters of the state protected for total body contact
				  recreation contain more than a maximum of 300 E. coli per 100 milliliters.
				  Compliance shall be based on the geometric mean of 3 or more samples taken
				  during the same sampling event at representative locations within a defined
				  sampling area.
(2) All surface
				  waters of the state protected for partial body contact recreation shall not
				  contain more than a maximum of 1,000 E. coli per 100 milliliters. Compliance
				  shall be based on the geometric mean of 3 or more samples, taken during the
				  same sampling event, at representative locations within a defined sampling
				  area.
(3) Discharges containing
				  treated or untreated human sewage shall not contain more than 200 fecal
				  coliform bacteria per 100 milliliters, based on the geometric mean of all of 5
				  or more samples taken over a 30-day period, nor more than 400 fecal coliform
				  bacteria per 100 milliliters, based on the geometric mean of all of 3 or more
				  samples taken during any period of discharge not to exceed 7 days. Other
				  indicators of adequate disinfection may be utilized where approved by the
				  department.
(4) The department may
				  suspend the provisions of subrule (3) of this rule, for the purpose of
				  discharge permit issuance, from November 1 to April 30, upon an adequate
				  demonstration by the applicant that designated uses will be protected. At a
				  minimum, the provisions of subrule (2) of this rule shall be met.
(5) Acceptable levels of infectious organisms
				  that are not specifically addressed by the provisions of subrules (1), (2), and
				  (3) of this rule shall be established by the department on a case-by-case basis
				  to assure that designated uses are protected.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 4 - WATER QUALITY STANDARDS › Section R. 323.1065 - Dissolved oxygen; inland lakes

Current through Vol. 24-12, July 15, 2024
Rule 65.
(1) The
				  following standards for dissolved oxygen shall apply to the lakes designated
				  for coldwater fish in R 323.1100(4) and (6):
(a) In stratified coldwater lakes which have
				  dissolved oxygen concentrations less than 7 milligrams per liter in the upper
				  half of the hypolimnion, a minimum of 7 milligrams per liter dissolved oxygen
				  shall be maintained throughout the epilimnion and upper 1/3 of the thermocline
				  during stratification. Lakes capable of sustaining oxygen throughout the
				  hypolimnion shall maintain oxygen throughout the hypolimnion. At all other
				  times, dissolved oxygen concentrations greater than 7 milligrams per liter
				  shall be maintained.
(b) Except for
				  lakes described in subdivision (c) of this subrule, in stratified coldwater
				  lakes which have dissolved oxygen concentrations greater than 7 milligrams per
				  liter in the upper half of the hypolimnion, a minimum of 7 milligrams per liter
				  of dissolved oxygen shall be maintained in the epilimnion, thermocline, and
				  upper half of the hypolimnion. Lakes capable of sustaining oxygen throughout
				  the hypolimnion shall maintain oxygen throughout the hypolimnion. At all other
				  times, dissolved oxygen concentrations greater than 7 milligrams per liter
				  shall be maintained.
(c) In
				  stratified coldwater lakes which have dissolved oxygen concentrations greater
				  than 7 milligrams per liter throughout the hypolimnion, a minimum of 7
				  milligrams per liter shall be maintained throughout the lake.
(d) In unstratified coldwater lakes, a
				  minimum of 7 milligrams per liter of dissolved oxygen shall be maintained
				  throughout the lake.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 4 - WATER QUALITY STANDARDS › Section R. 323.1069 - Temperature; general considerations

Current through Vol. 24-12, July 15, 2024
Rule 69.
(1) In
				  all surface waters of the state, the points of temperature measurement normally
				  shall be in the surface 1 meter; however, where turbulence, sinking plumes,
				  discharge inertia or other phenomena upset the natural thermal distribution
				  patterns of receiving waters, temperature measurements shall be required to
				  identify the spatial characteristics of the thermal profile.
(2) Monthly maximum temperatures, based on
				  the ninetieth percentile occurrence of natural water temperatures plus the
				  increase allowed at the edge of the mixing zone and in part on long-term
				  physiological needs of fish, may be exceeded for short periods when natural
				  water temperatures exceed the ninetieth percentile occurrence. Temperature
				  increases during these periods may be permitted by the department, but in all
				  cases shall not be greater than the natural water temperature plus the increase
				  allowed at the edge of the mixing zone.
(3) Natural daily and seasonal temperature
				  fluctuations of the receivingwaters shall be preserved.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 4 - WATER QUALITY STANDARDS › Section R. 323.1070 - Temperature of Great Lakes and connecting waters

Current through Vol. 24-12, July 15, 2024
Rule 70.
(1) The
				  Great Lakes and connecting waters shall not receive a heat load which would
				  warm the receiving water at the edge of the mixing zone more than 3 degrees
				  Fahrenheit above the existing natural water temperature.
(2) The Great Lakes and connecting waters
				  shall not receive a heat load which would warm the receiving water at the edge
				  of the mixing zone to temperatures in degrees Fahrenheit higher than the
				  following monthly maximum temperature:
(a)
				  Lake Michigan north of a line due west from the city of Pentwater.
J
F
M
A
M
J
J
A
S
O
N
D
40
40
40
50
55
70
75
75
75
65
60
45
(b) Lake Michigan south of a line due west
				  from the city of Pentwater.
J
F
M
A
M
J
J
A
S
O
N
D
45
45
45
55
60
70
80
80
80
65
60
50
(c) Lake Superior and the St. Marys river:
J
F
M
A
M
J
J
A
S
O
N
D
38
36
39
46
53
61
71
74
71
61
49
42
(d) Lake Huron north of a line due east from
				  Tawas point:
J
F
M
A
M
J
J
A
S
O
N
D
40
40
40
50
60
70
75
80
75
65
55
45
(e) Lake Huron south of a line due east from
				  Tawas point, except Saginaw bay.
J
F
M
A
M
J
J
A
S
O
N
D
40
40
40
55
60
75
80
80
80
65
55
45
(f) Lake Huron, Saginaw bay:
J
F
M
A
M
J
J
A
S
O
N
D
45
45
45
60
70
75
80
85
78
65
55
45
(g) St. Clair river:
J
F
M
A
M
J
J
A
S
O
N
D
40
40
40
50
60
70
75
80
75
65
55
50
(h) Lake St. Clair:
J
F
M
A
M
J
J
A
S
O
N
D
40
40
45
55
70
75
80
83
80
70
55
45
(i) Detroit river:
J
F
M
A
M
J
J
A
S
O
N
D
40
40
45
60
70
75
80
83
80
70
55
45
(j) Lake Erie:
J
F
M
A
M
J
J
A
S
O
N
D
45
45
45
60
70
75
80
85
80
70
60
50
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 4 - WATER QUALITY STANDARDS › Section R. 323.1072 - Temperature; inland lakes; general standards

Current through Vol. 24-12, July 15, 2024
Rule 72. Inland lakes shall not receive a heat load which
					 would:
(a) Increase the temperature of
				  the thermocline or hypolimnion or decrease the volume thereof.
(b) Increase the temperature of the receiving
				  waters at the edge of the mixing zone more than 3 degrees Fahrenheit above the
				  existing natural water temperature.
(c) Increase the temperature of the receiving
				  waters at the edge of the mixing zone to temperatures greater than the
				  following monthly maximum temperatures:
J
F
M
A
M
J
J
A
S
O
N
D
45
45
50
60
70
75
80
85
80
70
60
50
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 4 - WATER QUALITY STANDARDS › Section R. 323.1073 - Temperature; inland lakes; anadromous salmonid migrations

Current through Vol. 24-12, July 15, 2024
Rule 73. Warmwater inland lakes which serve as principal
					 migratory routes for anadromous salmonids shall not receive a heat load during
					 periods of migration at such locations and in a manner which may adversely
					 affect salmonid migration or raise the receiving water temperature at the edge
					 of the mixing zone more than 3 degrees Fahrenheit above the existing natural
					 water temperature.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 4 - WATER QUALITY STANDARDS › Section R. 323.1075 - Temperature of rivers, streams, and impoundments

Current through Vol. 24-12, July 15, 2024
Rule 75.
(1)
				  Rivers, streams, and impoundments naturally capable of supporting coldwater
				  fish shall not receive a heat load which would do either of the following:
(a) Increase the temperature of the receiving
				  waters at the edge of the mixing zone more than 2 degrees Fahrenheit above the
				  existing natural water temperature.
(b) Increase the temperature of the receiving
				  waters at the edge of the mixing zone to temperatures greater than the
				  following monthly maximum temperatures:
J
F
M
A
M
J
J
A
S
O
N
D
38
38
43
54
65
68
68
68
63
56
48
40
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 4 - WATER QUALITY STANDARDS › Section R. 323.1090 - Applicability of water quality standards

Current through Vol. 24-12, July 15, 2024
Rule 90.
(1) The
				  requirements prescribed by these rules shall not apply within mixing zones,
				  except for the requirements prescribed in R 323.1050, or as otherwise specified
				  by these rules.
(2) Water quality
				  standards prescribed by these rules are minimally acceptable water quality
				  conditions and shall apply at all flows equal to or exceeding the design flows,
				  except where the department determines that a more restrictive design flow is
				  necessary. The design flows in lotic systems shall be as follows:
(a) Unless otherwise stated in this rule, the
				  design flow is equal to the lowest of the 12 monthly 95% exceedance flows. The
				  95% exceedance flow is the flow equal to or exceeded 95% of the time for the
				  specified month.
(b) For human
				  health values, the design flow is equal to the harmonic mean flow.
(c) For wildlife values, the design flow is
				  equal to the 90-day, 10-year low flow (90Q10).
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 4 - WATER QUALITY STANDARDS › Section R. 323.1092 - Applicability of water quality standards to dredging or construction activities

Current through Vol. 24-12, July 15, 2024
Rule 92. Unless the department determines, after
					 consideration of dilution and dispersion, that such activities result in
					 unacceptable adverse impacts on designated uses, the water quality standards
					 prescribed by these rules shall not apply to dredging or construction
					 activities within the surface waters of the state where such activities occur
					 or during the periods of time when the aftereffects of dredging or construction
					 activities degrade water quality within such waters of the state, if the
					 dredging operations or construction activities have been authorized by the
					 United States army corps of engineers or the department. The water quality
					 standards shall apply, however, in nonconfined surface waters of the state
					 utilized for the disposal of spoil from dredging operations, except within
					 spoil disposal sites specifically defined by the United States army corps of
					 engineers or the department.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 4 - WATER QUALITY STANDARDS › Section R. 323.1096 - Determinations of compliance with water quality standards

Current through Vol. 24-12, July 15, 2024
Rule 96. Analysis of the surface waters of the state to
					 determine compliance with the water quality standards prescribed by these rules
					 shall be made pursuant to procedures outlined in 40 C.F.R. §136 (2000),
					 which are adopted by reference in R 323.1117 or other methods prescribed or
					 approved by the department.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 4 - WATER QUALITY STANDARDS › Section R. 323.1097 - Materials applications not subject to standards

Current through Vol. 24-12, July 15, 2024
Rule 97. The application of materials for water resource
					 management projects pursuant to state statutory provisions is not subject to
					 the standards prescribed by these rules, but all projects shall be reviewed and
					 approved by the department before application.