reglab/statecodes huggingface dataset:
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Hazardous Waste Management › Part 3 - GENERATORS OF HAZARDOUS WASTE › Section R. 299.9314 - Transfrontier movements of hazardous waste for recovery and disposal

Current through Vol. 24-12, July 15, 2024
Rule 314.
(1)
				  Persons who import or export wastes that are considered hazardous under the
				  U.S. national procedures and that are destined for recovery operations shall
				  comply with 40 CFR part 262, subpart H, except 262.80. A waste is considered
				  hazardous under the U.S. national procedures if it meets the federal definition
				  of hazardous waste in
				  40 CFR
				  261.3 and it is subject to either the
				  manifesting requirements of part 3 of these rules, the universal waste
				  provisions of
				  R
				  299.9228, or the export requirements in the spent
				  lead-acid battery management standards of
				  R 299.9804.
(2) Any person subject to this rule,
				  including a notifier, consignee, or recovery facility operator, who mixes 2 or
				  more hazardous or solid wastes or otherwise subjects 2 or more hazardous or
				  solid wastes to physical or chemical transformation operations, and thereby
				  creates a new hazardous waste, shall comply with the following requirements:
(a) The person shall be considered the
				  generator of the waste and comply with the requirements of part 3 of these
				  rules.
(b) The applicable notifier
				  requirements of 40 CFR part 262, subpart H.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Hazardous Waste Management › Part 3 - GENERATORS OF HAZARDOUS WASTE › Section R. 299.9315 - Academic laboratories; alternate generator requirements

Current through Vol. 24-12, July 15, 2024
Rule 315.
(1) This
				  rule provides alternate requirements for hazardous waste determinations and
				  accumulation of hazardous waste in laboratories owned by eligible academic
				  entities.
(2) Persons with
				  laboratories owned by eligible academic entities may elect to comply with the
				  requirements of 40 CFR part 262, subpart K, except 262.201 and 262.202, instead
				  of the requirements of
				  R
				  299.9304 to
				  R
				  299.9307, as applicable.
(3) 40 CFR part 262, subpart K, except
				  262.201 and 262.202 and the references to performance track members, is adopted
				  by reference in
				  R 299.11003. For the purposes of
				  adoption, the term "director" replaces the term "EPA regional administrator,"
				  the term "site identification number" replaces "EPA identification number," the
				  term "operating license" replaces the term "RCRA Part B permit," the term
				  "hazardous waste numbers" replaces the term "hazardous waste codes," the term
				  "Michigan site identification form EQP5150" replaces the term "RCRA Subtitle C
				  Site Identification Form (EPA Form 8700-12)," the term "R
				  299.9101(bb)" replaces the term
				  "§260.11," the term "R 299.9212" replaces the term "40
				  CFR part 261, subpart C," the term "R299.9213 and
				  R 299.9214" replaces the term "40
				  CFR part 261, subpart D," the term "R
				  299.9202" replaces the term "§261.2," the term
				  "R
				  299.9203" replaces the term "§261.3," the term
				  "R
				  299.9304" replaces the term "§261.5," the term
				  "R 299.9214" replaces the term
				  "§261.33(e)," the term "part 3 of the rules" replaces the term "40 CFR
				  part 262," the term "R 299.9302" replaces the term
				  "§262.11," the term "R 299.9302(1)(a)"
				  replaces the term "§262.11(a)," the term "R
				  299.9303" replaces the term "§262.13," the term
				  "R
				  299.9304" replaces the term "§262.14," the term
				  "R
				  299.9305" replaces the term "§262.15," the term
				  "R
				  299.9306" replaces the term "§262.16," the term
				  "R
				  299.9306(1)(d)(i)(G) and (ii)(K)"
				  replaces the term "§262.16(b)(6)," the term "R 299.9307" replaces the term
				  "§262.17," and the term "R
				  299.9307(1)(b)(i)(I) and (ii)(A)"
				  replaces the term "§262.17(a)(5)."
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Hazardous Waste Management › Part 4 - TRANSPORTERS OF HAZARDOUS WASTE › Section R. 299.9401 - Scope

Current through Vol. 24-12, July 15, 2024
Rule 401.
(1) This
				  part applies to transporters of hazardous waste if the transportation requires
				  a manifest under part 3 of these rules, and transporters operating under
				  R
				  299.9309(3).
(2) This part does not apply to on-site
				  transportation of hazardous waste either by generators or by owners or
				  operators of licensed hazardous waste treatment, storage, or disposal
				  facilities.
(3) A transporter of
				  hazardous waste shall also comply with part 3 of these rules relating to
				  hazardous wastes, except for
				  R
				  299.9311(4) and
				  R 299.9312(1) and
				  (2), and the accumulation time limits
				  specified in
				  R
				  299.9404(1)(b), if either of the
				  following provisions apply to the transporter:
(a) The transporter is the United States
				  importer of hazardous waste into the state from abroad.
(b) The transporter commingles, by placing
				  the waste in the same container, compatible hazardous waste of different DOT
				  shipping descriptions where the DOT hazard class or the DOT packing group
				  differs in a manner that alters the components of the waste description on the
				  generator's original manifest.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Hazardous Waste Management › Part 4 - TRANSPORTERS OF HAZARDOUS WASTE › Section R. 299.9402 - Site identification number

Current through Vol. 24-12, July 15, 2024
Rule 402. A transporter shall not transport hazardous
					 wastes without having received a site identification number.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Hazardous Waste Management › Part 4 - TRANSPORTERS OF HAZARDOUS WASTE › Section R. 299.9403 - Transporter requirements

Current through Vol. 24-12, July 15, 2024
Rule 403.
(1) A
				  person shall not engage in the transportation of hazardous wastes by highway
				  within, into, or through this state without being registered and permitted in
				  accordance with act 138.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Hazardous Waste Management › Part 4 - TRANSPORTERS OF HAZARDOUS WASTE › Section R. 299.9404 - Transfer facility requirements

Current through Vol. 24-12, July 15, 2024
Rule 404.
(1) A
				  transporter at a transfer facility shall comply with all of the following
				  requirements:
(a) Manage vehicles and
				  hazardous wastes so that hazardous waste and hazardous waste constituents
				  cannot escape into the soil, directly or indirectly into surface or
				  groundwaters, or uncontrolled into drains or sewers and so that fugitive
				  emissions are controlled by closing, covering, or otherwise sealing containers,
				  as required by
				  49 CFR
				  173.24(b), at all times
				  unless the container is being filled or emptied of waste or is being
				  cleaned.
(b) Store hazardous
				  wastes, subject to manifesting requirements, in containers meeting the
				  applicable requirements of 49 CFR parts 107 and 172 to 180 for a period of 10
				  days or less. Storage for a period of more than 10 days requires compliance
				  with the treatment, storage, and disposal facility requirements of parts 5, 6,
				  and 7 of these rules.
(c) Hazardous
				  wastes must not be routed to the same transfer facility more than once during
				  transportation, unless either of the following provisions applies:
(i) The load has been rejected by the
				  treatment, storage, and disposal facility and the load is either being returned
				  to the generator or is being sent to an alternate treatment, storage, and
				  disposal facility.
(ii) A
				  transporter was temporarily unable to deliver the waste for reasons unrelated
				  to the suitability of the treatment, storage, and disposal facility to manage
				  the waste, such as treatment, storage, and disposal facility maintenance or
				  overbooking or delivery of the load after normal business hours, and rerouting
				  was necessary to ensure subsequent delivery at the designated
				  facility.
(d) When
				  consolidating the contents of 2 or more containers with the same hazardous
				  waste into a new container, or when combining and consolidating 2 different
				  hazardous wastes that are compatible with each other, the transporter shall
				  mark its containers of 119 gallons or less with the following information:
(i) The words "Hazardous Waste."
(ii) The applicable hazardous waste numbers,
				  or in compliance with
				  R
				  299.9305(1)(e).
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Hazardous Waste Management › Part 4 - TRANSPORTERS OF HAZARDOUS WASTE › Section R. 299.9406 - Transporter vehicle requirements

Current through Vol. 24-12, July 15, 2024
Rule 406.
(1) A
				  transporter shall carry a copy of the registration and permit, issued in
				  accordance with act 138, and make it available for inspection upon request by
				  the director or the director's designee.
(2) A transporter shall close or cover all
				  vehicles or containers used to transport hazardous waste to prevent the escape
				  of hazardous waste or hazardous waste constituents. A transporter shall keep
				  the outside of all vehicles and accessory equipment free of hazardous waste or
				  hazardous waste constituents.
(3) A
				  transporter shall ensure that all portions of vehicles which have been in
				  contact with hazardous waste shall be cleaned of any hazardous waste or
				  hazardous waste constituents and purged of vapor before the transport of any
				  products, incompatible waste, or non-waste material.
(4) A transporter shall protect hazardous
				  waste in the transporter's possession from exposure to weather, fire, physical
				  damage, and vandals.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Hazardous Waste Management › Part 4 - TRANSPORTERS OF HAZARDOUS WASTE › Section R. 299.9407 - Transporter facility inspections

Current through Vol. 24-12, July 15, 2024
Rule 407.
(1) The
				  department may inspect all in-state stationary facilities in which the
				  transporter owns or holds an interest and at which routine operations
				  associated with the transport of hazardous wastes are performed. Routine
				  operations may include any of the following:
(a) Vehicle storage.
(b) Vehicle cleaning.
(c) Routine mechanical maintenance.
(d) Transfer operations.
(e) Dispatching.
(f) Recordkeeping.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Hazardous Waste Management › Part 4 - TRANSPORTERS OF HAZARDOUS WASTE › Section R. 299.9408 - Transporter vehicle inspections

Current through Vol. 24-12, July 15, 2024
Rule 408.
(1) The
				  department may inspect a vehicle to determine compliance with this part of
				  these rules.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Hazardous Waste Management › Part 4 - TRANSPORTERS OF HAZARDOUS WASTE › Section R. 299.9409 - Transporter manifest and recordkeeping requirements

Current through Vol. 24-12, July 15, 2024
Rule 409.
(1)
				  Hazardous waste transporters shall only transport hazardous waste using a
				  manifest signed in accordance with
				  40 CFR
				  262.23, or an electronic manifest that is
				  obtained, completed, and transmitted in accordance with
				  40 CFR
				  262.20(a)(3), and signed
				  with in accordance with
				  R
				  299.9309(2). Hazardous waste
				  transporters shall comply with 40 CFR part 263, subpart B, regarding the
				  manifest system, compliance with the manifest, and recordkeeping.
(2) If the hazardous waste cannot be
				  delivered pursuant to the manifest and
				  40 CFR
				  263.21(a), and if the
				  transporter revises the manifest pursuant to
				  40 CFR
				  263.21(b)(1), the
				  transporter shall legibly note on the manifest the name and phone number of the
				  person representing the generator from whom instructions have been
				  obtained.
(3) A transporter whose
				  manifested shipment results in a manifest discrepancy, as specified in
				  R
				  299.9608, and a total or partial rejected shipment
				  must comply with
				  40 CFR
				  263.21(b)(2). Before
				  accepting for transportation the rejected portion of the original shipment, the
				  transporter shall confirm that the generator has prepared a new manifest under
				  part 3 of these rules.
(4) A
				  transporter shall retain all records, logs, or documents required under this
				  part for a period of 3 years and make the records, logs, and documents readily
				  available for inspection by the director or his or her designee, upon request.
				  The retention period is extended during any unresolved enforcement action
				  regarding the regulated activity or as otherwise required by the
				  department.
(5) 40 CFR part 263,
				  subpart B, is adopted by reference in
				  R 299.11003. For the purposes of
				  adoption, the term "R 299.9207" replaces the term
				  "§261.7."
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Hazardous Waste Management › Part 4 - TRANSPORTERS OF HAZARDOUS WASTE › Section R. 299.9410 - Hazardous waste discharges

Current through Vol. 24-12, July 15, 2024
Rule 410.
(1) If a
				  fire, explosion, or other discharge of hazardous waste or hazardous waste
				  constituents occurs during transportation that could threaten human health or
				  the environment, or if a transporter has knowledge that a spill has reached
				  surface water or groundwater, then the transporter shall take appropriate
				  immediate action to protect human health and the environment, including
				  notification of local authorities and the department's pollution emergency
				  alerting system - telephone number 800-292-4706. Each notification shall
				  include all of the following information:
(a)
				  Name of the reporter.
(b) Name and
				  address of carrier represented by the reporter.
(c) Telephone number where the reporter can
				  be contacted.
(d) Date, time, and
				  location of the incident.
(e) The
				  extent of injuries, if known.
(f)
				  Classification, name, and quantity of the hazardous waste involved and if a
				  continuing danger to life exists at the scene of the fire explosion, or other
				  discharge.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Hazardous Waste Management › Part 4 - TRANSPORTERS OF HAZARDOUS WASTE › Section R. 299.9413 - Land disposal restrictions

Current through Vol. 24-12, July 15, 2024
Rule 413.
(1)
				  Transporters of hazardous waste shall comply with the applicable requirements
				  and restrictions of 40 CFR part 268.
(2) 40 CFR part 268 is adopted by reference
				  in
				  R 299.11003. For purposes of
				  adoption, the term "director" replaces the terms "administrator" and "assistant
				  administrator," the term "R 299.9305,
				  R
				  299.9306, and
				  R
				  299.9307" replaces the term "§§262.15,
				  262.16, and 262.17," the term "part 6 of these rules" replaces the term "parts
				  264 and 265 of this chapter," and the term "part 2 of these rules" replaces the
				  term "subparts C and D of part 261 of this chapter," except in
				  40 CFR
				  268.5,
				  268.6,
				  268.40(b),
				  268.42(b),
				  and
				  268.44(a) to
				  (g) and (i) to (o).
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Hazardous Waste Management › Part 5 - OPERATING LICENSES › Section R. 299.9501 - Operating licenses for new facilities; and expansion, enlargement, or alteration of existing facilities; applicability

Current through Vol. 24-12, July 15, 2024
Rule 501.
(1)
				  Except as otherwise specified in R 299.9503, R 299.9524, and subrules (2), (3),
				  and (4) of this rule, issuance of an operating license by the director shall
				  occur before any of the following begins:
(a)
				  The physical construction of a new treatment, storage, or disposal
				  facility.
(b) The expansion or
				  enlargement beyond the previously authorized design capacity or area of a
				  treatment, storage, or disposal facility.
(c) The alteration of the method of treatment
				  or disposal previously authorized at a treatment or disposal facility to a
				  different method of treatment or disposal. A change in only the types and
				  quantity of waste treated, stored, or disposed of, without an expansion,
				  enlargement, or alteration of the facility, shall not require a new operating
				  license. Such a change may require modification of the operating license as set
				  forth in this part or, for facilities operating without a license in accordance
				  with the provisions of R 299.9502 (3), (4), or (5), submittal by the owner or
				  operator of a revised part A application before such a change.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Hazardous Waste Management › Part 5 - OPERATING LICENSES › Section R. 299.9502 - Operating licenses for existing facilities; applicability and general application requirements

Current through Vol. 24-12, July 15, 2024
Rule 502.
(1) Part
				  111 of the act requires an operating license for the treatment, storage, and
				  disposal of any hazardous waste, except for those facilities identified in
				  subrules (3), (4), and (5) of this rule and except as provided in
				  R
				  299.9623, as identified or listed in parts 2 and 8 of
				  these rules. Requirements for remedial action plans, special forms of operating
				  licenses, are specified in
				  R
				  299.9524. The terms "treatment," "storage,"
				  "disposal," and "hazardous waste" are defined in part 1 of these rules. Owners
				  or operators of hazardous waste management units shall have an operating
				  license during the active life of the unit, including the closure period.
				  Owners or operators of surface impoundments, landfills, land treatment units,
				  and waste pile units that received wastes after July 26, 1982, or that
				  certified closure after January 26, 1983, shall have an operating license for
				  the postclosure period, unless they demonstrate closure by removal pursuant to
				  subrules (8) and (9) of this rule or they obtain an enforceable document in
				  place of an operating license for the postclosure period, as provided for in
				  subrule (12) of this rule. If an operating license for the postclosure period
				  is required, then the license shall incorporate the applicable groundwater
				  monitoring, corrective action, and postclosure care requirements of part 6 of
				  these rules. The denial of an operating license for the continued operation of
				  a hazardous waste management facility or unit does not affect the requirement
				  of obtaining a postclosure operating license. Owners or operators of certain
				  facilities require operating licenses that are issued pursuant to part 111 of
				  the act and, in addition, permits that are issued pursuant to other programs
				  for certain aspects of the facility operation. Operating licenses that are
				  issued pursuant to part 111 of the act are required for all of the following:
(a) Injection wells that dispose of hazardous
				  waste, except as provided by
				  R
				  299.9503(3)(a).
(b) The treatment, storage, or disposal of
				  hazardous waste at facilities that require a permit pursuant to part 31 of the
				  act, except as provided by
				  R
				  299.9503(3)(b).
(c) Barges or vessels that dispose of
				  hazardous waste by ocean disposal and onshore hazardous waste treatment or
				  storage facilities that are associated with an ocean disposal
				  operation.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Hazardous Waste Management › Part 5 - OPERATING LICENSES › Section R. 299.9505 - Operating license application for new facilities; and expansion, enlargement, or alteration of existing facilities; liner systems for landfills, surface impoundments, and waste piles

Current through Vol. 24-12, July 15, 2024
Rule 505.
(1)
				  Applicants proposing a landfill, surface impoundment, or waste pile shall
				  submit the following information in the engineering report for the liner,
				  leachate collection system, and leak detection, collection, and removal system:
(a) Information concerning the vertical and
				  horizontal isolation distance from groundwater and any dewatering system
				  necessary to meet the isolation requirements of R 299.9603 (5). All of the
				  following information shall be submitted for dewatering systems:
(i) Design calculations for drain pipe
				  diameter and spacing.
(ii) Design
				  features that allow cleaning of drainage pipes to prevent clogging within the
				  system.
(iii) Evaluation of
				  corrosive resistance and structural suitability of underdrain pipe under both
				  static and dynamic loadings.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Hazardous Waste Management › Part 5 - OPERATING LICENSES › Section R. 299.9506 - Hydrogeological reports; content

Current through Vol. 24-12, July 15, 2024
Rule 506.
(1) A
				  hydrogeological report shall include all of the following information:
(a) A summary of the groundwater monitoring
				  data obtained during the interim status period pursuant to the provisions of 40
				  C.F.R. part 265, subpart F, where applicable, and a summary of any other
				  groundwater monitoring data collected pursuant to state or federal
				  law.
(b) Identification of the
				  uppermost aquifer and aquifers hydraulically interconnected to the uppermost
				  aquifer beneath the facility property, including groundwater flow direction and
				  rate, and the basis for the identification.
(c) Identification of any aquifer utilized by
				  public and private wells within 2,000 feet of the proposed site.
(d) Identification of all other aquifers
				  evidenced by available well or boring logs.
(e) The delineation of all of the following
				  on the topographic map required pursuant to the provisions of
				  40 C.F.R. §
												270.14(b)(19):
(i) The waste management area and any other
				  treatment or storage areas.
(ii)
				  The property boundary.
(iii) The
				  proposed point of compliance, as defined pursuant to the provisions of
				  40 C.F.R. §
													264.95.
(iv) The proposed location of groundwater
				  monitoring wells as required pursuant to the provisions of
				  40 C.F.R. §
													264.97.
(v) To the extent possible, the information
				  required pursuant to the provisions of subdivision (b) of this
				  subrule.
(f) On the
				  topographic map required pursuant to the provisions of
				  40 C.F.R. §
												270.13(1), identification of
				  all domestic, municipal, industrial, oil, and gas wells and soil borings within
				  1 mile of the site in all directions for which copies of logs are
				  available.
(g) A description of any
				  plume of contamination that has entered the groundwater from a hazardous waste
				  management unit or other regulated activity at the site at the time that the
				  application was submitted that does both of the following:
(i) Delineates the extent of the plume on the
				  topographic map required pursuant to the provisions of
				  40 C.F.R. §
													270.14(b)(19).
(ii) For landfills, surface impoundments,
				  land treatment units, and waste piles, identifies the concentration of each
				  constituent listed in the provisions of 40 C.F.R. part 261, appendix VIII,
				  throughout the plume or identifies the maximum concentrations of each
				  constituent in the plume.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Hazardous Waste Management › Part 5 - OPERATING LICENSES › Section R. 299.9507 - Operating license for new facilities; and expansion, enlargement, or alteration of existing facilities; application fees

Current through Vol. 24-12, July 15, 2024
Rule 507.
(1) The
				  applicant shall calculate the operating license for new facilities and the
				  expansion, enlargement, or alteration of existing facilities application fee by
				  totalling the appropriate fees in table 501 of R 299.9523. Each application
				  requires a separate application fee.
(2) A check made payable to the state of
				  Michigan for the calculated fee shall be attached to the application for an
				  operating license for new facilities and the expansion, enlargement, or
				  alteration of existing facilities. The check shall include the term "HWOL" in
				  the comment section.
(3) If an
				  operating license application for a new facility or the expansion, enlargement,
				  or alteration of an existing facility is not resubmitted after being found to
				  be administratively incomplete, the application fee, minus the cost of all
				  public notices published or broadcast, shall be refunded.
(4) If an operating license application for a
				  new facility or the expansion, enlargement, or alteration of an existing
				  facility is denied, no portion of the application fee shall be
				  refunded.
(5) An applicant who
				  makes a reapplication for a revised proposal within 6 months of denial shall be
				  assessed only the actual costs to review the revised proposal. These actual
				  costs shall not exceed the calculated fee from table 501 of R
				  299.9523.
(6) An applicant who
				  withdraws an operating license application for a new facility or the expansion,
				  enlargement, or alteration of an existing facility within 14 days of receipt by
				  the director shall have 70% of the original application fee, minus the cost of
				  all public notices published or broadcast, refunded.
(7) An applicant who withdraws an operating
				  license application for a new facility or the expansion, enlargement, or
				  alteration of an existing facility within 30 days of receipt by the director
				  shall have 35% of the original application fee, minus the cost of all public
				  notices published or broadcast, refunded.
(8) An applicant who withdraws an application
				  between 30 and 60 days after receipt by the director shall be issued a refund
				  which is equal to 20% of the original application fee, minus the cost of all
				  public notices published or broadcast.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Hazardous Waste Management › Part 5 - OPERATING LICENSES › Section R. 299.9511 - Public participation procedures

Current through Vol. 24-12, July 15, 2024
Rule 511.
(1)
				  Except as provided for in subrule (2) of this rule, the requirements of this
				  subrule apply to any person required to obtain an operating license under the
				  act or these rules. Applicants shall comply with all of the following
				  requirements:
(a) Before submission of an
				  application, the applicant shall hold at least 1 public meeting to solicit
				  comments from the public and inform the public of the proposed hazardous waste
				  management activities.
(b) The
				  applicant shall post a sign-in sheet or otherwise provide an opportunity for
				  the preapplication meeting attendees to provide their names and
				  addresses.
(c) The applicant shall
				  provide notice of the preapplication meeting not less than 30 days in advance
				  of meeting. The applicant shall maintain documentation of the preapplication
				  meeting notice and provide the documentation to the director upon request. The
				  notice of the preapplication meeting must comply with the following
				  requirements:
(i) The notice must include all
				  of the following information:
(A) The date,
				  time, and location of the meeting.
(B) A brief description of the purpose of the
				  meeting.
(C) A brief description of
				  the facility and proposed operations, including, the facility address and a map
				  of the facility location.
(D) A
				  statement encouraging persons to contact the facility not less than 72 hours
				  before the meeting if they require special accommodations to participate in the
				  meeting.
(E) The name, address, and
				  telephone number of the applicant's contact person.
(ii) The notice must be provided by the
				  applicant in all of the following forms:
(A)
				  Published as a display advertisement in a newspaper of general circulation in
				  the county or equivalent jurisdiction that hosts the proposed location of the
				  facility. If the director determines that publication in newspapers of general
				  circulation in the adjacent counties or equivalent jurisdictions is necessary
				  to inform the affected public, the director shall advise the applicant to
				  provide a notice in those newspapers.
(B) Posted as a notice on a clearly marked
				  sign at or near the facility. If the applicant places the sign on the facility
				  property, the sign must be large enough to be readable from the nearest point
				  where the public would pass by the facility.
(C) Broadcast a notice at least once on 1
				  local radio station or television station. The applicant may employ another
				  medium with prior approval from the director.
(d) The applicant shall provide a copy of the
				  newspaper publication of the preapplication meeting notice to the director and
				  the appropriate units of state and local government in accordance with
				  40 CFR
				  124.10(c)(1)(x).
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Hazardous Waste Management › Part 5 - OPERATING LICENSES › Section R. 299.9512 - Fact sheets

Current through Vol. 24-12, July 15, 2024
Rule 512. A fact sheet on a draft operating license, or
					 notice of intent to deny shall include all of the following information after
					 the director is authorized under the provisions of 40 C.F.R. part 271 to
					 administer and enforce part 111 of the act and these rules instead of the
					 federal program:
(a) A brief
				  description of the type of facility or activity that is subject to a final
				  decision.
(b) The type and quantity
				  of wastes, fluids, or pollutants that are proposed to be or are being treated,
				  stored, disposed of, injected, emitted, or discharged.
(c) Reasons why any requested variances or
				  alternatives to minimum standards do or do not appear justified.
(d) A description of the procedures for
				  reaching a final decision, including all of the following:
(i) The beginning and ending dates of the
				  comment period under R 299.9511 (7) (c) and the address where comments will be
				  received.
(ii) Procedures for
				  requesting a hearing and the nature of that hearing.
(iii) Other procedures by which the public
				  may participate in the final decision.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Hazardous Waste Management › Part 5 - OPERATING LICENSES › Section R. 299.9513 - Public notices

Current through Vol. 24-12, July 15, 2024
Rule 513.
(1)
				  Public notices of draft operating licenses, notices of intent to deny, and
				  public hearings must be given by the following methods after the director is
				  authorized under 40 CFR part 271 to enforce and administer part 111 of the act,
				  MCL324.11101 to 324.11153, and these rules instead of the federal program:
(a) By mailing a copy of the notice, fact
				  sheet, operating license application, and draft operating license to all of the
				  following entities:
(i) The
				  applicant.
(ii) Any other agency
				  that the director knows has issued or is required to issue an environmental
				  permit for the same facility.
(iii)
				  Federal and state agencies with jurisdiction over any of the following:
(A) Fish, shellfish, and wildlife
				  resources.
(B) Coastal zone
				  management plans.
(C) The advisory
				  council on historic preservation.
(D) State historic preservation
				  officers.
(E) Other appropriate
				  government authorities, including any affected states.
(iv) Any unit of local government having
				  jurisdiction over the area where the facility is proposed to be
				  located.
(v) Each state agency
				  having any authority under state law with respect to the construction or
				  operation of the facility.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Hazardous Waste Management › Part 5 - OPERATING LICENSES › Section R. 299.9514 - Public hearings

Current through Vol. 24-12, July 15, 2024
Rule 514.
(1)
				  During the public comment period provided under R 299.9511 (7) (c), any
				  interested person may submit written comments to the director on the draft
				  operating license, or notice of intent to deny and may request a public hearing
				  if no hearing has already been scheduled. A request for public hearing shall be
				  in writing and shall state the nature of the issues proposed to be raised at
				  the hearing. All comments shall be considered in making the final decision on a
				  public hearing and shall be answered as provided in R 299.9515.
(2) The director or his or her designee shall
				  hold a public hearing if 1 of the following occurs:
(a) The director finds, on the basis of
				  responses, a significant degree of interest in a draft operating license or
				  notice of intent to deny.
(b) The
				  director determines that a hearing may clarify 1 or more issues involved in the
				  final decision on an operating license.
(c) The director receives written notice of
				  opposition to a draft operating license or notice of intent to deny within 45
				  days of the notice required pursuant to R 299.9511 (7) (c).
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Hazardous Waste Management › Part 5 - OPERATING LICENSES › Section R. 299.9515 - Revisions based on public comment; response to comments

Current through Vol. 24-12, July 15, 2024
Rule 515.
(1) Upon
				  completion of the public participation process for an operating license
				  application, the director shall review all comments made during that process
				  and make a final decision on the issuance of the license under the provisions
				  of act 306.
(2) At the time that
				  any operating license is issued, the director shall issue a response to
				  comments which does both of the following:
(a)
				  Briefly describes and responds to all significant comments on the draft license
				  raised during the public comment period or during any hearing.
(b) Specifies which provisions, if any, of
				  the draft operating license have been changed in the final license and the
				  reason for the change.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Hazardous Waste Management › Part 5 - OPERATING LICENSES › Section R. 299.9516 - Operating licenses; duration and effect

Current through Vol. 24-12, July 15, 2024
Rule 516.
(1) An
				  operating license for a new facility or the expansion, enlargement, or
				  alteration of an existing facility is valid for 3 years from the date of
				  issuance. The license remains valid for a period of not more than 10 years if
				  construction is initiated within the 3-year period and proceeds in a continuous
				  manner.
(2) Extensions of an
				  operating license for a new facility or the expansion, enlargement, or
				  alteration of an existing facility may be granted by the director if unexpected
				  construction delays occur beyond the control of the licensee.
(3) An operating license for an existing
				  facility shall be effective for a fixed term of not more than 10 years. Each
				  operating license for an existing land disposal facility shall be reviewed by
				  the director 5 years after the date of license issuance or reissuance and shall
				  be modified as necessary in accordance with the provisions of R 299.9519 and R
				  299.9520. The term of an operating license for an existing facility shall not
				  be extended by modification beyond the maximum duration specified in this
				  subrule.
(4) The director may issue
				  any operating license for an existing facility for a duration that is less than
				  the full allowable term under this rule.
(5) An operating license may be modified or
				  revoked during its term for cause as set forth in R 299.9519.
(6) The issuance of an operating license does
				  not relieve the owner or operator of his or her duty to comply with the
				  statutory or regulatory requirements applicable to the facility that were
				  enacted or promulgated after the license was issued.
(7) The issuance of an operating license does
				  not convey any property rights of any sort or any exclusive
				  privilege.
(8) The issuance of an
				  operating license does not authorize any injury to persons or property or
				  invasion of other private rights or any infringement of other state or local
				  law or regulations, except as otherwise specified in sections 23 (5) and 25 (5)
				  of part 111 of the act.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Hazardous Waste Management › Part 5 - OPERATING LICENSES › Section R. 299.9517 - Operating license for new facilities or the expansion, enlargement, or alteration of existing facilities; denial

Current through Vol. 24-12, July 15, 2024
Rule 517.
(1) The
				  director shall deny an application for an operating license for a new facility
				  or the expansion, enlargement, or alteration of an existing facility if the
				  proposed treatment, storage, or disposal facility would violate part 111 of the
				  act or these rules.
(2) The
				  applicant is on notice that the director shall deny the operating license for a
				  new facility or the expansion, enlargement, or alteration of an existing
				  facility in either of the following situations:
(a) The applicant has not submitted the
				  appropriate permit fee.
(b) The
				  applicant has not submitted sufficiently detailed or accurate information to
				  enable the director to make reasonable judgments as to whether the facility
				  could comply with part 111 of the act and these rules.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Hazardous Waste Management › Part 5 - OPERATING LICENSES › Section R. 299.9518 - Operating license for existing facilities; denial

Current through Vol. 24-12, July 15, 2024
Rule 518.
(1) The
				  director shall deny an application for an operating license for an existing
				  facility if the operation of the treatment, storage, or disposal facility for
				  which the license is sought will violate part 111 of the act or these
				  rules.
(2) The applicant is on
				  notice that, in addition to any other of these rules, the director shall deny
				  an operating license application for an existing facility if any of the
				  following occur:
(a) Notwithstanding the
				  receipt of the certification of construction required by sections 23 (2) and 25
				  (9) of part 111 of the act, the facility has not been constructed according to
				  the plans approved by the director, the requirements of part 111 of the act or
				  these rules, or the stipulations and conditions of the approved operating
				  license for an existing facility.
(b) The existing construction or operation of
				  an existing facility or facility newly subjected to the licensing requirements
				  of part 111 of the act and these rules presents a hazard to the public health
				  or the environment.
(c) The
				  applicant has not submitted sufficiently detailed or accurate information to
				  enable the director to make reasonable judgments as to whether the license
				  should be granted.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Hazardous Waste Management › Part 5 - OPERATING LICENSES › Section R. 299.9519 - Modification, revocation, and suspension of operating licenses during their terms

Current through Vol. 24-12, July 15, 2024
Rule 519.
(1) An
				  owner or operator shall construct, operate, and maintain a facility pursuant to
				  part 111 of the act, MCL 324.11101 to 324.11153, these rules, and the operating
				  license issued to the facility pursuant to part 111 of the act, MCL 324.11101
				  to 324.11153. Any deviation from the conditions of a license or from approved
				  plans requires prior approval by the director, unless otherwise specified in
				  this rule, and, if necessary, modification of the license.
(2) If the director receives any information
				  during the term of an operating license, for example, inspects the facility,
				  receives information submitted by the licensee as required in the license,
				  receives a request for modification or revocation pursuant to this rule, or
				  conducts a review of the license file, then he or she may determine if 1 or
				  more of the causes listed in subrule (3) of this rule for modification or
				  subrule (11) of this rule for revocation, or both, exist. If cause exists, the
				  director may commence proceedings pursuant to act 306 to modify or revoke an
				  operating license accordingly, subject to the limitation of subrule (4) of this
				  rule, and may request an updated application under
				  R 299.9520, if necessary. If an
				  operating license is modified, then only the conditions subject to modification
				  are reopened. If an operating license modification satisfies the criteria of
				  subrule (5) of this rule for a minor modification, or if the director has not
				  yet been authorized under 40 CFR part 271, then the license may be modified
				  pursuant to subrule (6) of this rule. Otherwise, a draft license must be
				  prepared and other procedures specified in
				  R
				  299.9511 followed.
(3) Any of the following are causes for
				  modification of an operating license:
(a) The
				  causes listed under
				  40 CFR
				  270.41(a), except
				  40 CFR
				  270.41(a)(3).
(b) If the standards or regulations on which
				  license was based have been changed by statute, through promulgation of new or
				  amended standards or regulations, or by judicial decision after the license was
				  issued.
(c) To modify a monitoring
				  program under
				  R
				  299.9611 or
				  R
				  299.9612.
(d) Cause exists for modification under
				  subrule (5) of this rule and the director determines that modification is
				  appropriate.
(e) The director has
				  received notification pursuant to
				  R
				  299.9522 of a proposed transfer of ownership or
				  operation.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Hazardous Waste Management › Part 5 - OPERATING LICENSES › Section R. 299.9520 - Procedures for modification or revocation of operating licenses

Current through Vol. 24-12, July 15, 2024
Rule 520.
(1) Any
				  interested person, including the licensee, may request the director to commence
				  proceedings under act 306 to modify, suspend, or revoke an operating license.
				  All requests shall be in writing and shall contain facts or reasons supporting
				  the request. If the director decides the request is not justified, he or she
				  shall send the requestor a written response giving a reason for the
				  decision.
(2) If the director
				  decides to commence proceedings under act 306 to modify an operating license
				  under R 299.9519 (2), he or she shall prepare a draft operating license
				  incorporating the proposed changes. The director may request submission of an
				  updated license application. During any modification proceeding, the licensee
				  shall comply with all conditions of the existing license until the license is
				  modified.
(3) If the director
				  decides to commence proceedings under act 306 to revoke an operating license
				  under this rule, he or she shall issue a notice of intent to revoke and, when
				  authorized under title II of the solid waste disposal act, follow those public
				  participation procedures specified in R 299.9511.
(4) If an operating license is revoked, the
				  director shall order the owner or operator to carry out closure procedures
				  under section 51 of part 111 of the act and shall require the cessation of all
				  activities at the facility subject to licensure under part 111 of the act,
				  except those necessary for closure.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Hazardous Waste Management › Part 5 - OPERATING LICENSES › Section R. 299.9521 - Operating license conditions

Current through Vol. 24-12, July 15, 2024
Rule 521.
(1) All
				  operating licenses shall contain all of the following general conditions:
(a) The general conditions contained in the
				  provisions of 40 C.F.R. §270.30, except §270.30 (l) (1) and (8). For
				  purposes of these conditions the word "licensee" shall replace the word
				  "permittee" and the term "part 111 of the act" shall replace the term
				  "RCRA."
(b) The following
				  additional conditions:
(i) The licensee shall
				  not initiate an enlargement, alteration, or expansion beyond the previously
				  authorized design capacity or area of a treatment, storage, or disposal
				  facility without first obtaining an operating license for the expansion,
				  enlargement, or alteration of an existing facility from the director.
(ii) For a facility being modified, the
				  licensee shall not treat, store, or dispose of hazardous waste in the modified
				  portion of the facility until 1 of the following conditions is met:
(A) The licensee has submitted, to the
				  director, by certified mail or hand delivery, a letter signed by the licensee
				  and a registered professional engineer stating that the facility has been
				  constructed or modified in compliance with the license and approved plans, and
				  the director has inspected the modified facility and finds it is in compliance
				  with the conditions of the license.
(B) Within 15 days of the date of submission
				  of the letter in subparagraph (A) of this paragraph, the licensee has not
				  received notice from the director of his or her intent to inspect, prior
				  inspection is waived, and the licensee may commence treatment, storage, or
				  disposal of hazardous waste.
(iii) The licensee shall obtain the approval
				  of the director by a modification to the license before transferring ownership
				  or operation of the facility to another person. The new owner or operator shall
				  not accept hazardous waste at the facility until the license modification has
				  been issued by the director.
(c) Other conditions determined to be
				  necessary by the director to clarify procedures for license issuance,
				  reissuance, modification, and revocation under act 306.