Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 23 - PRETREATMENT › Section R. 323.2308 - Approval procedures for publicly owned treatment works' pretreatment programs

Current through Vol. 24-12, July 15, 2024
Rule 8.
(1) The
				  following procedures shall apply to approvals or denials of publicly owned
				  treatment works' pretreatment programs and applications for removal credit
				  authorization:
(a) The approval authority
				  shall have 90 days from the date of public notice of any submission complying
				  with the requirements of R 323.2307 and, where removal credit authorization is
				  sought, complying with R 323.2307 and R 323.2313(a) to review the submission.
				  The approval authority shall review the submission to determine compliance with
				  the requirements of R 323.2306 and, where removal credit authorization is
				  sought, with R 323.2313(a). The approval authority may have up to an additional
				  90 days to complete the evaluation of the submission if the public comment
				  period provided for in this rule is extended beyond 30 days or if a public
				  hearing is held as provided for in subdivision (b)(ii) of this subrule. The
				  time for evaluation of the submission shall not be more than a total of 180
				  days from the date of public notice of a submission meeting the requirements of
				  R 323.2307 and, in the case of a removal credit application, R 323.2307 and R
				  323.2313(a).
(b) Upon receipt of a
				  submission, the approval authority shall commence its review. Within 20 work
				  days after making a determination that a submission meets the requirements of R
				  323.2307 and, where removal allowance approval is sought, R 323.2307 and R
				  323.2313(a), the approval authority shall do both of the following:
(i) Issue a public notice of request for
				  approval of the submission. The public notice shall be circulated in a manner
				  designed to inform interested and potentially interested persons of the
				  submission.
Procedures for the circulation of public notice shall
					 include all of the following:
(A)
				  Mailing notices of the request for approval of the submission to any person or
				  group who has requested individual notice, including those on appropriate
				  mailing lists.
(B) Publication of a
				  notice of request for approval of the submission in a newspaper circulated
				  within the jurisdiction served by the publicly owned treatment works.
(C) The public notice shall provide a period
				  of not less than 30 days following the date of the public notice during which
				  interested persons may submit their written views on the submission.
(D) All written comments submitted during the
				  30-day comment period shall be retained by the approval authority and
				  considered in the decision on whether or not to approve the submission. The
				  period for comment may be extended at the discretion of the approval
				  authority.
(ii) Provide
				  an opportunity for the applicant, any interested state or federal agency, or
				  person or group of persons to request a public hearing with respect to the
				  submission. The request for public hearing shall be filed within the 30-day
				  comment period or the extended comment period provided in this rule and shall
				  indicate the interest of the person filing the request and the reasons why a
				  hearing is warranted. The approval authority shall hold a hearing if the
				  publicly owned treatment works requests a hearing. In addition, a hearing will
				  be held if there is a significant public interest in issues relating to whether
				  or not the submission should be approved and a request for a hearing has been
				  made. Instances of doubt shall be resolved in favor of holding the hearing.
				  Public notice of a hearing to consider a submission and sufficient to inform
				  interested parties of the nature of the hearing and the right to participate
				  shall be published in the same newspaper as the notice of the original request
				  for approval of the submission under this rule. In addition, notice of the
				  hearing shall be sent to persons who request individual notice.