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Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Wetlands Protection › Section R. 281.922 - Permit applications

Current through Vol. 24-12, July 15, 2024
Rule 2.
(1) An
				application for a permit shall be made on a form prescribed and provided by the
				department.
(2) An application for
				a permit shall not be deemed as received or filed until the department has
				received all information requested on the application form, the application
				fee, and other information authorized by the act and necessary to reach a
				decision. The period for granting or denying an application begins as soon as
				all such information and the application fee are received by the
				department.
(3) 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."
(4) An application may be considered to be
				withdrawn and the file for the application may be closed if an applicant fails
				to respond to any written inquiry or request from the department for
				information requested as a part of the application form within 30 days of the
				request or such longer period of time as needed by the applicant to provide the
				information agreed to, in writing, between the applicant and the
				department.
(5) Upon request, the
				department shall provide any person with a copy of a permit application and
				supporting documents consistent with all provisions of Act No. 442 of the
				Public Acts of 1976, as amended, being S15.231 et seq. of the Michigan Compiled
				Laws.
(6) Decisions reached by the
				department which deny or modify an application for a permit shall be supported
				by written documentation to the applicant based upon the applicable criteria
				contained in section 9 of the act. The department shall create a form based on
				the criteria from section 9 of the act to be completed and placed into each
				application file. When a proposed activity involves a coordinated review by
				federal agencies as provided for under the act and section 404 of title IV of
				the clean water act of 1977, 33 U.S.C. S1344, the department shall prepare a
				fact sheet pursuant to 40 C.F.R. S124.8 (April 1, 1983) and 40 C.F.R.S233.39
				(April 1, 1983) for inclusion in the application file.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Wetlands Protection › Section R. 281.922a - Permit application review criteria

Current through Vol. 24-12, July 15, 2024
Rule 2a.
(1) The
				department shall review a permit application to undertake an activity listed in
				section 30304 of the act according to the criteria in section 30311 of the
				act.
(2) As required by subsection
				30311(4) of the act, a permit applicant shall bear the burden of demonstrating
				that an unacceptable disruption to aquatic resources will not occur as a result
				of the proposed activity and demonstrating either of the following:
(a) The proposed activity is primarily
				dependent upon being located in the wetland.
(b) There are no feasible and prudent
				alternatives to the proposed activity.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Wetlands Protection › Section R. 281.924 - Wetland Identification and Assessment

Current through Vol. 24-12, July 15, 2024
Rule 4.
(1) When
				assessing whether a parcel of property or portion of a parcel is wetland, as
				required by section 30321 of the Act, the department shall utilize criteria
				consistent with the definition of "wetland" provided in section 30301(d) of the
				act. The department shall provide a written assessment report to the person who
				owns or leases the property or his or her agent within 30 days of the on-site
				evaluation, whether the parcel contains wetland or nonwetland, or both, and the
				basis for the determination.
The department shall evaluate a parcel or any portion of a
				  parcel as identified by the person making the request.
(2) An assessment of wetlands on a parcel of
				property by the department may include any of the following, at the discretion
				of the person making the request:
(a) The
				provision of maps and supporting information that show currently mapped
				wetlands on the property.
(b) An
				on-site identification of areas containing wetland and non-wetland on the
				property.
(c) An on-site review to
				confirm the identification of wetland boundaries on the property by a wetland
				professional.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Wetlands Protection › Section R. 281.925 - Mitigation

Current through Vol. 24-12, July 15, 2024
Rule 5.
(1) As
				authorized by section 30312(2) of the act, the department may impose conditions
				on a permit for a use or development if the conditions are designed to remove
				an impairment to the wetland benefits, to mitigate the impact of a discharge of
				fill material, or to otherwise improve the water quality.
(2) The department shall consider mitigation
				only after all of the following conditions are met:
(a) The wetland impacts are otherwise
				permittable under sections 30302 and 30311 of the act.
(b) No feasible and prudent alternative to
				avoid wetland impacts exists.
(c)
				An applicant has used all practical means to minimize impacts to wetlands. This
				may include the permanent protection of wetlands on the site not directly
				impacted by the proposed activity.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Wetland Mitigation Banking › Section R. 281.952 - Purpose

Current through Vol. 24-12, July 15, 2024
Rule 2.
(1) The
				purpose of the wetland mitigation banking rules is to provide for the statewide
				establishment and operation of mitigation banks as an alternative wetland
				mitigation option that will protect and enhance the wetland resources of the
				state while expediting the regulatory process.
(2) Mitigation banking may benefit the
				state's wetland resources as follows:
(a) By
				providing for the establishment of replacement wetlands in advance of wetland
				losses.
(b) By consolidating small
				wetland mitigation areas at a single location in a manner that enhances the
				integrity of the wetland ecosystem.
(c) By providing for improved design of
				mitigation sites through more efficient use of technical resources.
(d) By providing for and encouraging the
				integration of wetland creation or restoration for purposes of compensatory
				mitigation with watershed, ecoregion, or community resource planning.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Wetland Mitigation Banking › Section R. 281.953 - Applicability

Current through Vol. 24-12, July 15, 2024
Rule 3.
(1) Any
				person may establish a mitigation bank and may buy, sell, or use mitigation
				credits as approved by the department to meet the requirements of the
				act.
(2) The department may
				authorize the use of credits from an approved mitigation bank to satisfy all or
				a part of the wetland mitigation requirements associated with any permit
				application in accordance with applicable statutory criteria.
(3) The department may authorize the use of
				credits from an established mitigation bank only to offset the unavoidable loss
				of wetlands as approved in accordance with the act. Before approving the use of
				a mitigation bank, the department shall determine that the applicant has taken
				all feasible and prudent steps to avoid the loss of wetland resources and has
				used all practical means to minimize impacts to wetlands. The establishment of,
				or purchase of, credits from a mitigation bank does not eliminate the need to
				comply with the permit review criteria established in the act.
(4) Site-specific functions shall be replaced
				on site where practical and where the department has determined that on-site
				replacement is environmentally preferable. In these instances, use of a
				mitigation bank is not appropriate.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Wetland Mitigation Banking › Section R. 281.954 - Mitigation banks generally

Current through Vol. 24-12, July 15, 2024
Rule 4.
(1) A
				mitigation bank is a site where wetlands are restored, created, or, in
				exceptional circumstances, preserved expressly for the purpose of providing
				compensatory mitigation in advance of the unavoidable loss of wetlands
				authorized by the act. A mitigation bank shall be maintained in
				perpetuity.
(2) The objective of
				mitigation banking is to provide for the replacement of chemical, physical, and
				biological wetland functions that are lost as a result of authorized impacts.
				To the extent possible, the bank shall provide multiple functions. Single
				function, low-quality wetlands, such as wastewater ponds, will not qualify as
				mitigation sites. The wetlands in a mitigation bank are quantified as
				mitigation credits that are available for use by the bank sponsor or other
				persons to compensate for adverse impacts.
(3) The number of credits in a mitigation
				bank will normally be based on the acres of created and restored wetland in the
				bank after monitoring by the bank sponsor demonstrates that wetland functions
				have been established.
(4) In
				exceptional circumstances, the preservation of certain existing wetlands may
				also contribute to the number of mitigation credits. Not more than 15% of the
				total wetland acreage in any mitigation bank shall be for the preservation of
				existing wetlands.
Mitigation credit for preserved wetlands shall only be given
				  if the department determines that all of the following provisions apply:
(a) The preserved wetlands perform
				exceptional physical or biological functions that are essential to the
				preservation of the natural resources of the state or the preserved wetlands
				are an ecological type that is rare or endangered.
(b) The preserved wetlands are under a
				demonstrable threat of loss or substantial degradation due to human activities
				that are not under the control of the bank sponsor and that are not otherwise
				restricted by state law.
(c)
				Inclusion of the preserved wetlands in a mitigation bank and implementation of
				other actions identified in the mitigation bank plan will serve to protect
				functions associated with the wetlands that would otherwise be lost. Mitigation
				credit for preserved wetlands meeting these criteria will be given at a rate of
				0.1 (one tenth) credit for each acre of preserved wetland.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Wetland Mitigation Banking › Section R. 281.956 - Mitigation bank credits; use standards

Current through Vol. 24-12, July 15, 2024
Rule 6.
(1) In
				determining whether credits from a particular mitigation bank may be used to
				meet the requirements of the act, the department shall consider all of the
				following factors:
(a) The location of the
				mitigation bank relative to the permitted wetland impact.
(b) The wetland types represented in the
				bank.
(c) The sustainable wetland
				functions provided by the bank.
(d)
				The area of wetland provided as mitigation relative to the impact.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Wetland Mitigation Banking › Section R. 281.957 - Certification and approval of mitigation credits

Current through Vol. 24-12, July 15, 2024
Rule 7.
(1) Before
				use of mitigation credits, the bank sponsor shall assess the establishment of
				wetlands in accordance with a monitoring program defined in the mitigation
				banking agreement and shall certify the extent to which performance standards
				defined in the mitigation banking agreement have been met. The design of the
				monitoring program shall measure the achievement of performance standards
				associated with the targeted wetland functions. Monitoring shall begin at least
				1 year before use of credits. Once credits in the bank are used, monitoring
				shall continue on an annual basis until performance standards for the full
				establishment of the bank are met. Monitoring parameters shall include all of
				the following:
(a) Hydrology.
(b) Plant community structure.
(c) Animal community structure.
(d) Design acreage.
(e) Other measures as defined in the
				mitigation banking agreement.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Wetland Mitigation Banking › Section R. 281.958 - Registry of mitigation bank credits

Current through Vol. 24-12, July 15, 2024
Rule 8.
(1) The
				department shall maintain a registry of established wetland mitigation banks
				and approved mitigation credits to track the generation and use of credits and
				to provide information to the public regarding the availability of credits. The
				mitigation bank registry shall include all of the following information:
(a) A general description of the
				bank.
(b) The total number of
				credits (acres) in the bank, the number previously used to meet mitigation
				requirements, the number offered for sale by the bank sponsor, and the number
				sold.
(c) The number of acres of
				each major ecological type of wetland.
(d) The defined service area of the
				bank.
(e) The name and address of
				the bank sponsor.
(f) The date of
				bank establishment by mitigation banking agreement, and the date of approval of
				mitigation credits.
(g) An
				identification code for each approved mitigation bank.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Wetland Mitigation Banking › Section R. 281.959 - Long-term management and protection of wetland mitigation banks

Current through Vol. 24-12, July 15, 2024
Rule 9.
(1) The bank
				sponsor shall assure, through legally binding instruments, including leases,
				contracts, deed restrictions, or conservation easements, that the mitigation
				bank shall be maintained in perpetuity. Restrictive covenants that provide for
				long-term management shall be included in any lease, sale, or other conversion
				and shall run with the property.
(2) Long-term management is the
				responsibility of the mitigation bank sponsor and shall include site
				maintenance, monitoring of wetland conditions, remedial action needed to fully
				establish and maintain wetland characteristics in accordance with permit
				requirements, and notification of subsequent owners of limitations on the
				property. The bank sponsor shall submit a long term management plan as part of
				the mitigation banking agreement. Responsibility for the long-term management
				of a wetland mitigation bank may be transferred through the sale or lease of
				the property or through an agreement with another person if the department
				approves of the transfer and if the mitigation banking agreement is amended
				accordingly.
(3) The bank sponsor
				may enter into a legal agreement with a state or local agency or a nonprofit
				resource management organization to manage the mitigation bank for a particular
				purpose as defined in the banking agreement. In this instance, the long-term
				management entity shall sign the banking agreement.
(4) Before the use of any credits from an
				approved wetland mitigation bank, the bank sponsor shall provide financial
				assurances in the form of a performance bond, irrevocable letter of credit, or
				equivalent legal instrument that is sufficient to guarantee that mitigation
				bank establishment, monitoring, and, if necessary, remedial action will be
				carried out in accordance with the mitigation banking agreement. The mitigation
				banking agreement shall define the form and amount of the financial assurance
				to be provided and shall also define the temporal limits on the financial
				assurances tied to the achievement of performance standards that define the
				establishment of a fully functional, self-sustaining wetland. If the wetland by
				design is not self-sustaining, that is, if maintenance is required for dikes,
				dams, water control structures, or other components essential to the
				preservation of functional wetlands on the site, then the bank sponsor shall
				make financial provisions for perpetual management and maintenance. A state
				agency that sponsors a mitigation bank may enter into a formal interagency
				agreement with the department to guarantee long-term protection and management
				of the mitigation bank instead of providing financial assurances.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Wetland Mitigation Banking › Section R. 281.960 - State priority wetland restoration areas

Current through Vol. 24-12, July 15, 2024
Rule 10.
(1) The
				department may, in cooperation with the department of natural resources,
				designate priority wetland restoration areas in large former wetland complexes
				which have been impacted by significant historic loss or degradation of
				wetlands and which have a high potential for successful wetland restoration.
				Areas so designated may include either public or private lands, but must have
				the potential to provide the public with vital wetland functions after
				ecologically sensitive restoration of wetland areas.
(2) The department shall develop a management
				plan for each designated priority wetland restoration area and shall consider
				the concerns of the department of natural resources and the potential of the
				area to provide critical wetland for any of the following:
(a) Habitat.
(b) Wildlife and fish production.
(c) Flood control.
(d) Water quality protection.
(e) Groundwater recharge.
(f) Recreation. Management plans which impact
				lands administered by the department of natural resources are subject to their
				approval.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Dam Safety › Section R. 281.1301 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 1.
(1) As used
				in these rules, "Act" means Act No. 300 of the Public Acts of 1989, being
				§281.1301 et seq. of the Michigan Compiled Laws.
(2) Terms defined in the act have the same
				meanings when used in these rules.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Dam Safety › Section R. 281.1303 - Permit conditions

Current through Vol. 24-12, July 15, 2024
Rule 3.
(1) A permit
				shall provide that the work authorized by the permit shall be completed within
				a specified time period, which shall not be more than 2 years after the date
				that the permit is issued. Extensions of time of up to 2 years each may be
				granted by the department for good cause shown by the applicant. An
				administrative fee shall not be required for an application for extensions of
				time.
(2) A permit does not obviate
				the necessity of receiving approval from the United States army corps of
				engineers, when applicable, the state department of public health, or a local
				unit of government, when applicable, including a local unit of government that
				is responsible for administering the provisions of Act No. 245 of the Public
				Acts of 1970, as amended, being §281.631 et seq. of the Michigan Compiled
				Laws, and Act No.347 of the Public Acts of 1972, as amended, being
				§282.101 et seq. of the Michigan Compiled Laws.
(3) The department shall not issue a permit,
				except for a permit pursuant to the provisions of section 25(2) of the act or a
				permit under a minor project category, until 20 days after the mailing of the
				list to each eligible subscriber as provided for in sections 21(1) to (3) and
				23(1) of the act.
(4) Upon request,
				the department shall provide any person with a copy of a permit application and
				supporting documents pursuant to the provisions of Act No. 442 of the Public
				Acts of 1976, as amended, being §15.231 et seq. of the Michigan Compiled
				Laws.
(5) If the mitigation
				proposed in a mitigation plan that is submitted by an applicant is approved by
				the department, the department may incorporate the mitigation actions as permit
				conditions for the improvement of the existing resources or the creation of a
				new resource to offset resource losses that result from the proposed
				project.
(6) A temporary emergency
				action plan may be required by permit condition which would be effective
				during, and applicable to, the construction period.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Dam Safety › Section R. 281.1304 - Project assessment

Current through Vol. 24-12, July 15, 2024
Rule 4.
(1) In each
				application for a permit as required pursuant to the provisions of R 281.1302,
				(5) and (7), an assessment of all known existing and potential adverse effects
				within the scope of the project shall be provided by the applicant and reviewed
				by the department to determine whether the project will have a significant
				adverse effect on public health, safety, welfare, property, or natural
				resources or the public trust in those resources. This assessment shall include
				evaluations of both positive and negative impacts of the project commensurate
				with the scope of the project and mitigating measures to minimize impacts on
				all of the following:
(a) Wetlands.
(b) Fisheries.
(c) Wildlife.
(d) Threatened and endangered
				species.
(e) Water
				quality.
(f) Streamflows.
(g) Sediment transport.
(h) Turbidity.
(i) Water chemistry.
(j) Water temperature.
(k) Riparian rights. The assessment shall
				include impacts of the impoundment on the stream below the impoundment and
				shall address impacts both during construction and after completion of the
				project.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Dam Safety › Section R. 281.1305 - Engineering plans and specifications

Current through Vol. 24-12, July 15, 2024
Rule 5.
(1)
				Engineering plans and specifications for the construction of new dams, the
				reconstruction of failed dams, or the enlargement of dams shall be prepared by
				a licensed professional engineer, be submitted to the department, be approved
				by the department before the commencement of construction, and include, at a
				minimum, all of the following:
(a) A map that
				shows the location of the project and a topographic map of the dam site and
				impoundment area. Mapping shall show all of the following:
(i) Maximum flood storage elevations of the
				impoundment.
(ii) Property
				boundaries of the site, including flowage easements.
(iii) Borrow area or areas.
(iv) Ingress and egress routes.
(v) Work limits.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Dam Safety › Section R. 281.1306 - Minor project categories

Current through Vol. 24-12, July 15, 2024
Rule 6.
(1) The
				department shall grant or deny an application for a minor project after all of
				the following steps have been completed:
(a)
				Submission of a complete application.
(b) An on-site inspection by a department
				representative.
(c) A review of all
				appropriate information by the department.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Dam Safety › Section R. 281.1307 - Performance bonds

Current through Vol. 24-12, July 15, 2024
Rule 7.
(1) As
				authorized by the provisions of section 31(5) of the act, a permit to construct
				a new dam or reconstruct a failed dam may require a performance bond. A
				performance bond may be in the form of any of the following:
(a) A surety bond.
(b) A secured trust fund.
(c) A letter of credit.
(d) Insurance.
(e) A financial test.
(f) A corporate guarantee.
(g) Another suitable instrument or
				mechanism.
(h) A combination of the
				items listed in subdivisions (a) to (g) of this subrule as approved by the
				department. The department shall consider an applicant's past performance in
				determining if a performance bond shall be required.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Dam Safety › Section R. 281.1308 - Project completion explained

Current through Vol. 24-12, July 15, 2024
Rule 8. Pursuant to the provisions of section 35(1)(a) of the
				  act, completion of a new, reconstructed, enlarged, repaired, or altered dam
				  occurs when all the work depicted on all approved drawings and all
				  specification requirements have been accomplished and all permit conditions
				  have been implemented before the expiration of a permit.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Dam Safety › Section R. 281.1309 - Inspection schedule

Current through Vol. 24-12, July 15, 2024
Rule 9. Inspection reports that are prepared pursuant to the
				  provisions of R 281.1310 are due on a calendar year basis. The department shall
				  notify the dam owner of the due date, by certified mail, not later than January
				  31 of the year in which the inspection report is due. In establishing an
				  inspection schedule, as authorized pursuant to the provisions of section 37(2)
				  of the act, the department shall compile an alphabetical listing of dams in
				  each hazard potential classification of high, significant, and low. The
				  inspection schedule shall be established based on the following
				  provisions:
(a) For high hazard
				potential dams, every third dam in the alphabetical listing of these dams shall
				be inspected each year as follows:
(i) The
				first, fourth, seventh, tenth, and so on dam in the alphabetical listing will
				be due for inspection the first year.
(ii) The second, fifth, eighth, eleventh, and
				so on dam in the alphabetical listing will be due for inspection the second
				year.
(iii) The third, sixth,
				ninth, twelfth, and so on dam in the alphabetical listing will be due for
				inspection the third year.
(iv) The
				cycle shall be repeated every 3 years.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Dam Safety › Section R. 281.1310 - Inspection reports

Current through Vol. 24-12, July 15, 2024
Rule 10.
(1)
				Inspection reports shall include all of the information required in section
				37(3) of the act.
(2) An inspection
				report shall include all of the following parts:
(a) A title sheet that includes all of the
				following information:
(i) The name of the
				dam.
(ii) The inventory
				identification number.
(iii) The
				county and river or stream where the dam is located.
(iv) The owner's and operator's names,
				addresses, and telephone numbers.
(v) The hazard potential
				classification.
(vi) The names of
				inspectors.
(vii) The date of
				inspection.
(viii) The name,
				address, registration number, and signature of the licensed professional
				engineer who is in charge of the inspection report.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Dam Safety › Section R. 281.1311 - Emergency action plans

Current through Vol. 24-12, July 15, 2024
Rule 11.
(1) An
				emergency action plan for a high or significant hazard potential dam shall be
				submitted to the county or local emergency management coordinator for review
				for consistency with county or local emergency operations plans and the
				Michigan emergency preparedness plan. An emergency action plan for an existing
				dam shall be submitted to the department with documentation that the plan has
				been submitted to the county or local emergency management coordinator not
				later than the time that the first inspection report for the dam is due or at
				another time agreed to by the department. An emergency action plan for a newly
				constructed dam shall be submitted to the department with documentation that
				the plan has been submitted to the county or local emergency management
				coordinator not later than the date of expiration of the permit for
				construction of the dam, including any extensions of time for
				completion.
(2) At the time
				subsequent inspection reports are due, the owner shall determine if the plan is
				up to date. The owner shall advise the department of the findings of this
				review and shall submit any revisions to the department and to the county or
				local emergency management coordinator.
(3) The emergency action plan shall include a
				description of the circumstances under which it shall be activated, what
				actions shall be taken, and who shall be responsible to take those actions when
				the plan is activated.
(4) The
				emergency action plan shall include the name, address, and telephone number of
				all of the following entities:
(a) The person
				who is responsible for the operation of the dam.
(b) The alternate person who is responsible
				for the operation of the dam.
(c)
				The local emergency management coordinator or coordinators.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Dam Safety › Section R. 281.1312 - Administrative monetary penalties

Current through Vol. 24-12, July 15, 2024
Rule 12.
(1) As
				authorized pursuant to the provisions of section 51(8) of the act, an
				administrative penalty of not more than $500.00 per day may be assessed to a
				person as set forth in the schedule in subrule (2) of this rule for any of the
				following reasons:
(a) Violation of any or all
				of the conditions of a minor project permit that is issued pursuant to the
				provisions of section 27 of the act.
(b) Failure to submit an inspection report as
				required pursuant to the provisions of section 37 of the act.
(c) Failure to provide a more detailed
				investigation or evaluation of certain dam features as required by section
				37(5) of the act.
(d) Failure to
				comply with a first department order to limit dam operations as authorized
				pursuant to the provisions of section 39(1) of the act where significant
				impairment of resources has not resulted.
(e) Failure to notify the department and
				affected off-site public authorities and safety agencies, pursuant to the
				provisions of section 41(1) of the act, of any flood or unusual circumstance or
				occurrence, within 24 hours of the circumstance or occurrence, that endangers
				the safety of a dam, but where significant damage to property or natural
				resources does not occur.
(f)
				Failure to notify the department of actions taken in response to emergency
				conditions pursuant to the provisions of section 41(2) of the act.
(g) Failure to comply with the provisions of
				an emergency order that relates to any of the following as authorized pursuant
				to the provisions of section 43(2) of the act:
(i) Maximum drawdown levels and discharge
				rates.
(ii) Conducting required
				sediment surveys, water quality sampling, or monitoring.
(iii) Any other requirement where significant
				impairment of resources has not resulted.
(h) Failure to prepare, keep current, and
				submit to the department an emergency action plan as required pursuant to the
				provisions of section 47 of the act.
(i) Failure to comply with a first order to
				comply with permit conditions or to restore the site affected to its original
				condition pursuant to the provisions of section 49(1) of the act.
(j) Violation of any of the following permit
				conditions:
(i) Failure to supply data or
				information.
(ii) Failure to
				provide required minimum flow releases where significant impairment of
				resources has not resulted.
(iii)
				Violation of any permit condition where significant impairment of resources has
				not occurred.
Each violation and act of noncompliance and each day such a
				  violation or act occurs or continues to occur will be considered a separate
				  violation.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Sewerage Systems › Part 1 - GENERAL PROVISIONS › Section R. 299.2903 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 3. As used in these rules:
(a) "Act" means 1994 PA 451, MCL 324.101 et
				  seq.
(b) "Board" means the board of
				  certification authorized by R 299.2916.
(c) "Certificate" means a document that is
				  issued by the department to a person who meets specific qualification
				  requirements specified in these rules, qualifying the person as a certified
				  operator.
(d) "Department" means
				  the director of the Department of Environmental Quality or his or her
				  designee.
(e) "Division" means the
				  appropriate division of the department as delegated by the director.
(f) "Governmental agency" means a city,
				  village, township, county, metropolitan district, other unit of government, or
				  officers of the entities specified in this subdivision.
(g) "Operator" means an individual who works
				  in a treatment facility and who has some responsibility for the operation of
				  the facility.
(h) "Person" means an
				  individual, partnership, association, corporation, or any governmental
				  agency.
(i) "Renewal cycle" means
				  the period of time from the issuance date to the expiration date stated on a
				  certificate or a replacement certificate.
(j) "Replacement certificate" means a
				  certificate issued to an individual who holds a valid certificate issued before
				  the effective date of these amendatory rules.
(k) "Sewerage system" means a sewer system
				  and treatment facility that are used to collect, transport, and treat domestic
				  and industrial wastes.
(l) "Sewer
				  system" means the pipes, channels, conduits, manholes, pumping stations, and
				  appurtenances, collectively or severally, actually used or intended for use by
				  the public for the purpose of collecting, conveying, or transporting domestic
				  and industrial wastes to a treatment facility.
(m) "Superintendent" means an individual who
				  is in charge of and responsible for the operation of a treatment facility and
				  in whom is vested the authority and responsibility for the establishment and
				  execution of specific practices and procedures controlling the operations of
				  the treatment facility in accordance with the policies of the owner of the
				  facility and the department.
(n)
				  "Treatment facility" means structures, equipment, and appurtenances,
				  collectively or severally, actually used or intended for use by the public for
				  the purpose of treating or otherwise handling domestic and industrial
				  wastes.
(o) "Treatment works" means
				  a treatment facility.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Sewerage Systems › Part 2 - TREATMENT FACILITY CLASSIFICATION AND OPERATOR CERTIFICATION › Section R. 299.2911 - Initial treatment facility classification

Current through Vol. 24-12, July 15, 2024
Rule 11.
(1)
				  Except as provided for in subrules (3) and (4) of this rule, treatment
				  facilities shall be classified by the department into 4 classes, designated as
				  Class A, B, C, or D, with Class A being the highest. The classifications shall
				  be based on population served, the type of treatment facility, the character
				  and volume of wastes to be treated, and the use and nature of the waters of the
				  state receiving the effluent thereof. Treatment facilities classified according
				  to the population criteria in subrule (2) of this rule may be placed in a
				  higher classification by the department, by reason of the incorporation in the
				  treatment facility of special features of design, or characteristics more
				  difficult to operate than usual, or by reasons of a particularly difficult type
				  of sewage or by reason of particular stream conditions or combinations
				  thereof.
(2) One of the following
				  minimum classifications shall be assigned to each treatment facility that
				  serves the public:
(a) Class A, treatment
				  facilities serving or designed to serve a population of 50,000 or more
				  persons.
(b) Class B, treatment
				  facilities serving or designed to serve a population of 10,000 or more, but
				  less than 50,000, persons.
(c)
				  Class C, treatment facilities serving or designed to serve a population of
				  2,000 or more, but less than 10,000, persons.
(d) Class D, treatment facilities serving or
				  designed to serve a population of less than 2,000 persons.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Sewerage Systems › Part 2 - TREATMENT FACILITY CLASSIFICATION AND OPERATOR CERTIFICATION › Section R. 299.2912 - Treatment facility classification changes

Current through Vol. 24-12, July 15, 2024
Rule 12.
(1) When
				  1 or more of the conditions described by subrule (2) of this rule exist or are
				  imminent, the department may change the classification of a treatment facility
				  after notice and opportunity for hearing on the proposed action not less than
				  60 days before the classification change. Hearings conducted by the department
				  pursuant to this subrule shall be undertaken according to hearing procedures
				  prescribed by part 5.
(2) The
				  department may change the classification of a treatment facility upon finding
				  that any of the following or any combination has occurred or is expected to
				  occur within 60 days:
(a) The population being
				  served by the treatment facility has changed.
(b) There has been incorporated within the
				  treatment facility special features of design or characteristics which render
				  the treatment facility more difficult to operate.
(c) Certain wastes are being treated within
				  the treatment facility that require special treatment facility design or
				  operation procedures.
(d)
				  Conditions of flow or use of the receiving waters require an unusually high
				  degree of treatment facility operational control.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Sewerage Systems › Part 2 - TREATMENT FACILITY CLASSIFICATION AND OPERATOR CERTIFICATION › Section R. 299.2916 - Board of certification; appointments

Current through Vol. 24-12, July 15, 2024
Rule 16. The department shall appoint a board of
					 certification which shall consist of 5 members, of whom 1 shall be a class A
					 certified operator, 1 shall be a qualified engineer registered in the state
					 knowledgeable in the operation and maintenance of treatment works, 1 shall be a
					 staff member of the department, 1 shall be a municipal official, and 1 shall be
					 a member at large. As the term of a member of the board of certification
					 expires, the department shall appoint a member to the vacancy for a 3-year
					 term. The department may appoint a member to a shorter term when filling a
					 vacancy created when a member vacates the position before the end of the
					 term.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Sewerage Systems › Part 2 - TREATMENT FACILITY CLASSIFICATION AND OPERATOR CERTIFICATION › Section R. 299.2917 - Board of certification; duties and responsibilities

Current through Vol. 24-12, July 15, 2024
Rule 17.
(1) The
				  board shall advise the department in the examination of persons applying for
				  certification, as set forth in R 299.2918(1). The board shall meet at least
				  twice each year at such times and places as it may designate. The board shall
				  do all of the following:
(a) Advise the
				  department when it considers additional education or experience as adequate
				  substitution for other requirements, as set forth in R 299.2918(2).
(b) Advise the department in evaluating
				  applications for examinations, as set forth in R 299.2920(2).
(c) Review and provide comment to the
				  department on the substance of the examinations, as set forth in R
				  299.2922(1).
(d) Provide
				  recommendations to the department on the issuance or denial of certificates
				  following the examination process, as set forth in R 299.2924(1).
(e) Provide recommendations to the department
				  on the issuance or denial of a certificate or a temporary certificate following
				  the evaluation of certification received from another state, territory, or
				  possession of the United States, or any country as set forth in R 299.2924(2)
				  and (3).
(f) Evaluate and approve
				  or disapprove continuing education training courses, decide their hour value,
				  and categorize them, as set forth in R 299.2925(5).
(g) Comment to the department regarding
				  probation of a certified operator or the suspension or revocation of a person's
				  certificate, as set forth in R 299.2926.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Sewerage Systems › Part 2 - TREATMENT FACILITY CLASSIFICATION AND OPERATOR CERTIFICATION › Section R. 299.2918 - Operator certification; minimum requirements

Current through Vol. 24-12, July 15, 2024
Rule 18.
(1)
				  Certification shall require written examination conducted by the department,
				  with the advice of the board, according to 1 or more of the following
				  classifications based upon minimum education and experience qualifications:
(a) Class A. To be eligible to write the
				  examination for a Class A certificate, the applicant shall satisfy all of the
				  requirements in either paragraph (i) or (ii) of this subdivision, as follows:
(i) The applicant shall comply with all of
				  the following requirements:
(a) Possess a
				  college degree with sufficient engineering or allied subjects to understand the
				  mechanics, electronics, and hydraulics of a complex treatment
				  facility.
(b) Possess a Class B
				  certificate.
(c) Have 4 years of
				  acceptable experience in the operation of a Class B or higher treatment
				  facility, 2 years of which shall have been in a supervisory position or a
				  position of major operational responsibility.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Sewerage Systems › Part 2 - TREATMENT FACILITY CLASSIFICATION AND OPERATOR CERTIFICATION › Section R. 299.2920 - Application for Examination

Current through Vol. 24-12, July 15, 2024
Rule 20.
(1) The
				  department shall schedule at least 1 examination per year. The department shall
				  make public the dates for examinations not less than 90 days before the dates
				  set for the examinations.
(2) An
				  individual desiring to be certified as in charge of and responsible for the
				  operation of a treatment facility shall file with the department, not less than
				  45 days before an examination date announced by the department, an application
				  for examination and certification on a form prepared and provided by the
				  department. The information contained on the application shall be evaluated by
				  the department and the information shall constitute a part of the
				  examination.
(3) The department
				  shall notify the applicants of their acceptance for examination and the time
				  and place of the examination not less than 15 days before the date of
				  examination.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Sewerage Systems › Part 2 - TREATMENT FACILITY CLASSIFICATION AND OPERATOR CERTIFICATION › Section R. 299.2922 - Examination procedures

Current through Vol. 24-12, July 15, 2024
Rule 22.
(1)
				  Examinations for operator certification shall be prepared by the department,
				  taking into account board review and comment. The examinations shall include,
				  but not be limited to, the following 3 parts:
(a) An evaluation of the educational
				  qualifications of the applicant.
(b) An evaluation of the experience
				  qualifications of the applicant.
(c) A written examination on the general
				  subject of treatment facility operation in any or all of its phases.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Sewerage Systems › Part 2 - TREATMENT FACILITY CLASSIFICATION AND OPERATOR CERTIFICATION › Section R. 299.2923 - Examinations; grading; notification; repeating exam

Current through Vol. 24-12, July 15, 2024
Rule 23.
(1) The
				  minimum passing grade for the written examination is 70%.
(2) The department or others designated by it
				  shall grade each examination.
(3)
				  The results of each applicant's examination shall be mailed to that applicant
				  by the department within 60 days after the date of the written
				  examination.
(4) Applicants who
				  fail to pass a written examination may repeat the examination at any
				  subsequent, regularly scheduled examination by submitting an application as
				  prescribed by R 299.2920.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Sewerage Systems › Part 2 - TREATMENT FACILITY CLASSIFICATION AND OPERATOR CERTIFICATION › Section R. 299.2924 - Operator certificates; issuance

Current through Vol. 24-12, July 15, 2024
Rule 24.
(1)
				  Following examination, the department shall issue or deny a certificate for
				  each applicant, taking into account the recommendation of the board. Each
				  certificate shall indicate the class of treatment facility or facilities for
				  which the certified operator is entitled to assume responsible
				  charge.
(2) An operator in another
				  state, a territory or possession of the United States, or another country who
				  holds an operator certificate may apply for reciprocity in obtaining a
				  certificate under this part. When an application for reciprocity is received,
				  the department may do either of the following:
(a) Issue a certificate in a comparable
				  classification without examination, if the requirements for certification of
				  operators under which the certificate was issued are comparable to the
				  requirements prescribed by this part.
(b) Issue a temporary certificate in a
				  comparable classification without examination which shall expire at such time
				  as the individual has an opportunity to obtain the results from taking the next
				  available equivalent Michigan certification examination, but shall not be for
				  more than 18 months. If the individual fails the equivalent Michigan
				  certification exam, he or she is not eligible for any additional temporary
				  certification.