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Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 4 - WATER QUALITY STANDARDS › Section R. 323.1098 - Antidegradation

Current through Vol. 24-12, July 15, 2024
Rule 98.
(1) This
				  rule applies to any action or activity pursuant to part 31 of Act No. 451 of
				  the Public Acts of 1994, as amended, being §324.3101 et seq. of the
				  Michigan Compiled Laws, that is anticipated to result in a new or increased
				  loading of pollutants by any source to surface waters of the state and for
				  which independent regulatory authority exists requiring compliance with water
				  quality standards.
(2) For all
				  waters, the level of water quality necessary to protect existing uses shall be
				  maintained and protected. Where designated uses of the water body are not
				  attained, there shall be no lowering of the water quality with respect to the
				  pollutant or pollutants that are causing the nonattainment.
(3) Where, for individual pollutants, the
				  quality of the waters is better than the water quality standards prescribed by
				  these rules, that water shall be considered high quality and that quality shall
				  be maintained and protected unless allowing lower water quality is necessary to
				  accommodate important economic or social development in the area in which the
				  waters are located. For high quality waters, no action resulting in the
				  lowering of water quality shall occur unless the provisions of this rule have
				  been complied with.
(4) A person
				  applying for a control document in a high quality water or a Lake Superior
				  basin - outstanding international resource water for a new or increased loading
				  of pollutants shall show how the discharge is exempted under subrule (8) or (9)
				  of this rule or provide a demonstration as follows:
(a) The applicant shall identify the social
				  or economic development and the benefits to the area in which the waters are
				  located that would be foregone if the new or increased loading of pollutants is
				  not allowed. The factors to be addressed may include any of the following:
(i) Employment increases.
(ii) Production level increases.
(iii) Employment reductions
				  avoidance.
(iv) Efficiency
				  increases.
(v) Industrial,
				  commercial, or residential growth.
(vi) Environmental or public health problem
				  corrections.
(vii) Economic or
				  social benefits to the community.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 4 - WATER QUALITY STANDARDS › Section R. 323.1100 - Designated uses

Current through Vol. 24-12, July 15, 2024
Rule 100.
(1) At a
				  minimum, all surface waters of the state are designated and protected for all
				  of the following uses:
(a)
				  Agriculture.
(b)
				  Navigation.
(c) Industrial water
				  supply.
(d) Warmwater
				  fishery.
(e) Other indigenous
				  aquatic life and wildlife.
(f)
				  Partial body contact recreation.
(g) Fish consumption.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 4 - WATER QUALITY STANDARDS › Section R. 323.1103 - Variances

Current through Vol. 24-12, July 15, 2024
Rule 103.
(1) A
				  variance may be granted from any water quality standard (WQS) that is the basis
				  of a water quality-based effluent limitation in a national pollutant discharge
				  elimination system (NPDES) permit, as restricted by the following provisions:
(a) A WQS variance applies only to the
				  permittee or permittees requesting the variance and only to the pollutant or
				  pollutants specified in the variance. The variance does not modify the water
				  quality standards for the water body as a whole.
(b) A variance shall not apply to new
				  dischargers unless the proposed discharge is necessary to alleviate an imminent
				  and substantial danger to the public health or welfare.
(c) A WQS variance shall not be granted that
				  would likely jeopardize the continued existence of any endangered or threatened
				  species listed under section 4 of the endangered species act or result in the
				  destruction or adverse modification of the species critical habitat.
(d) A WQS variance shall not be granted if
				  the standard in the receiving water will be attained by implementing the
				  treatment technology requirements under the clean water act of 1972, as
				  amended, 33 U.S.C.§§301(b) and 306, and by the discharger
				  implementing cost-effective and reasonable best management practices for
				  nonpoint sources over which the discharger has control within the vicinity of
				  the facility.
(e) The duration of a
				  WQS variance shall not exceed the term of the NPDES permit. If the time frame
				  of the variance is the same as the permit term, then the variance shall stay in
				  effect until the permit is reissued or revoked.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 4 - WATER QUALITY STANDARDS › Section R. 323.1105 - Multiple designated uses

Current through Vol. 24-12, July 15, 2024
Rule 105. When a particular portion of the surface waters
					 of the state is designated for more than 1 use, the most restrictive water
					 quality standards for 1 or more of those designated uses shall apply to that
					 portion.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 4 - WATER QUALITY STANDARDS › Section R. 323.1116 - Availability of documents

Current through Vol. 24-12, July 15, 2024
Rule 116. The following documents referenced in this part
					 are available for inspection at, and may be obtained at no cost from, the
					 Lansing Office of the Department of Environmental Quality, P.O. Box 30273,
					 Lansing, Michigan 48909-7773:
(a)
				  "Designated Trout Lakes and Regulations," September 10, 1998.
(b) "Coldwater Lakes of Michigan," August
				  1976.
(c) "Designated Trout Streams
				  for the State of Michigan," Director's Order No. DFI-101.97.
(d) "Public Water Supply Intakes in
				  Michigan," December 9, 1999.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 5 - SPILLAGE OF OIL AND POLLUTING MATERIALS › Section R. 324.2001 - Definitions; a to o

Current through Vol. 24-12, July 15, 2024
Rule 1. As used in this part:
(a) "Act" means 1994 PA 451, MCL 324.101 et
				  seq., and known as the natural resources and environmental protection
				  act.
(b) "Department" means the
				  department of environmental quality.
(c) "Indoors" means within a building or
				  other enclosure which provides protection from the elements, which has doors or
				  other means of entry that can be closed or otherwise protected from
				  unauthorized entry, and which has a floor capable of containing liquid or solid
				  materials.
(d) "Manufactured item"
				  means any solid article, other than a container holding solid or liquid
				  polluting materials, which is formed to specific shape during manufacture, and
				  which does not leach or otherwise release polluting materials to the
				  groundwaters or surface waters of the state under normal conditions of use or
				  storage.
(e) "Oil" means oil of any
				  kind or in any form, including any of the following:
(i) Petroleum.
(ii) Gasoline.
(iii) Fuel oil.
(iv) Grease.
(v) Oily sludges.
(vi) Oil refuse.
(vii) Oil mixed with waste.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 5 - SPILLAGE OF OIL AND POLLUTING MATERIALS › Section R. 324.2002 - Definitions; p to u

Current through Vol. 24-12, July 15, 2024
Rule 2. As used in this part:
(a) "Polluting material" means all of the
				  following:
(i) Oil.
(ii) Salt.
(iii) Any material specified in table 1 in R
				  324.2009.
(iv) Any compound or
				  product that contains 1%, or more, by weight, of any material listed in
				  paragraphs (i) through (iii) of this subdivision based on material safety data
				  sheet formulation information for the compounds or products.
(v) "Polluting material" does not include
				  manufactured items.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 5 - SPILLAGE OF OIL AND POLLUTING MATERIALS › Section R. 324.2004 - Oil storage and on-land facilities: surveillance

Current through Vol. 24-12, July 15, 2024
Rule 4. Oil storage and on-land facilities shall maintain
					 adequate surveillance of all manufacturing processes, treatment systems,
					 storage areas, and other such areas so that any polluting material loss
					 therefrom can be detected in a timely manner and procedures implemented to
					 prevent any polluting materials from reaching the waters of this
					 state.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 5 - SPILLAGE OF OIL AND POLLUTING MATERIALS › Section R. 324.2005 - Secondary containment

Current through Vol. 24-12, July 15, 2024
Rule 5.
(1) Except
				  as may be authorized under subrule (5) of this rule, not later than 24 months
				  after the effective date of these rules, any on-land facility that has any
				  outdoor storage areas used to store liquid polluting materials in excess of a
				  threshold management quantity shall provide secondary containment structures
				  for those outdoor storage areas as required in subrule (2) of this
				  rule.
(2) Secondary containment
				  structures for liquids shall comply with all of the following provisions:
(a) Be constructed of materials that are
				  compatible with, and impervious to, or otherwise capable of containing, any
				  spilled, leaked, or discharged polluting materials so that the materials can be
				  recovered and so that polluting materials cannot escape directly or indirectly
				  to any public sewer system or to the surface waters or groundwaters of this
				  state.
(b) Provide a capacity that
				  is not less than 10% of the total volume of the tanks or containers within the
				  secondary containment structure or provide a capacity of 100% of the largest
				  single tank or container within the secondary containment structure, whichever
				  is larger.
(c) Allow surveillance
				  of the tanks or containers, the timely detection of any leaks and recovery of
				  any spillage, and the removal and proper disposal of any captured precipitation
				  so that the minimum required capacity is maintained at all times. Captured
				  precipitation may be removed by drainage through normally closed valves if all
				  of the following conditions are met:
(i) The
				  drainage is conducted under the direct supervision of qualified facility
				  personnel.
(ii) The valves are
				  secured closed at all times, except during precipitation removal.
(iii) The drainage is performed in full
				  compliance with all applicable local, state, and federal
				  requirements.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 5 - SPILLAGE OF OIL AND POLLUTING MATERIALS › Section R. 324.2006 - Pollution incident prevention plan

Current through Vol. 24-12, July 15, 2024
Rule 6.
(1) Except
				  as provided in subrule (3) of this rule, not more than 24 months after the
				  effective date of these rules, the owner or operator of any on-land facility
				  that receives, uses, processes, manufactures, stores, or ships polluting
				  materials in excess of the applicable threshold management quantity shall
				  develop, maintain, and operate in accordance with, a pollution incident
				  prevention plan. At a minimum, the pollution incident prevention plan shall
				  include all of the following information:
(a)
				  All of the following general facility information:
(i) Facility name.
(ii) Mailing address.
(iii) Street address, if other than the
				  mailing address.
(iv) Facility
				  phone number.
(v) 24-hour emergency
				  phone number or numbers.
(vi)
				  Internal emergency notification procedures.
(vii) The name of the designated spill
				  prevention and control coordinator.
(viii) The name of the person or persons
				  responsible for on-site spill prevention and control, if different than the
				  designated spill prevention and control coordinator.
(ix) The name of the facility
				  owner.
(x) A map showing the
				  facility relative to the surrounding area, including thoroughfares.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 5 - SPILLAGE OF OIL AND POLLUTING MATERIALS › Section R. 324.2007 - Pollution incident report

Current through Vol. 24-12, July 15, 2024
Rule 7.
(1) As
				  soon as practicable after detection of a release, the owner, operator, or
				  manager of an oil storage facility or an on-land facility that releases or
				  permits to be released any polluting material in excess of a threshold
				  reporting quantity during any 24-hour period shall notify the department by
				  contacting the department's PEAS at 1-800-292-4706.
(2) Within 10 days after the release, the
				  owner or operator shall file a written report with the chief of the
				  department's waste management division outlining the cause of the release,
				  discovery of the release, and the response measures taken or a schedule for
				  completion of measures to be taken, or both, to prevent recurrence of similar
				  releases.
(3) This rule does not
				  supersede, rescind, or otherwise alter any other existing procedure, rule, or
				  statute pertaining to pollution of the waters of this state, nor does it
				  relieve any person from any reporting requirement imposed under federal law or
				  regulation.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 5 - SPILLAGE OF OIL AND POLLUTING MATERIALS › Section R. 324.2008 - Enforcement

Current through Vol. 24-12, July 15, 2024
Rule 8. A person who violates any provision of this part is
					 subject to the procedures and penalties prescribed in sections 3112, 3114,
					 3115, and 3115a of part 31 of the act.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 6 - CLEANING AGENTS AND WATER CONDITIONERS › Section R. 323.1171 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 171. As used in this part:
(a) "Constituent" means a compound or
				  ingredient contained in the formula of a cleaning agent or water conditioner,
				  other than phosphorus, identified by its common chemical name.
(b) "Department" means the director of the
				  department of environmental quality or his or her designee to whom the director
				  delegates a power or duty by written instrument.
(c) "Person" means a manufacturer, processor,
				  formulator, or packager who sells or distributes any cleaning agent or water
				  conditioner for use in this state.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 6 - CLEANING AGENTS AND WATER CONDITIONERS › Section R. 323.1172 - Applicability of rules; exceptions

Current through Vol. 24-12, July 15, 2024
Rule 172. The rules in this part apply to all cleaning
					 agents and water conditioners as defined by section 3901 of 1994 PA 451, MCL
					 324.3901, except for any of the following:
(a) A cleanser, rinsing aid, or sanitizing
				  agent intended primarily for use in an automatic or machine
				  dishwasher.
(b) An industrial and
				  commercial conversion coating agent, corrosion remover, paint remover, rust
				  inhibitor, metal brightener, etchant, or other surface conditioner.
(c) A solvent cleaner or other similar
				  product not normally used with water.
(d) A disinfectant or sanitizer used in
				  institutions, hospitals, and health care facilities.
(e) A compound or product used in the
				  manufacture or processing of foods and food products, including those used in
				  dairy, beverage, egg, fish, poultry, meat, fruit, and vegetable processing
				  facilities.
(f) A product intended
				  primarily for personal use, including, but not limited to, bathing soaps,
				  dentifrices, shampoos, cleansing creams, toothpastes, and other products for
				  the care of the human body.
(g) A
				  product subject to registration or control under federal or state law governing
				  foods, drugs, cosmetics, insecticides, fungicides, and rodenticides.
(h) A product normally not used with water,
				  such as a cleanser for windows, ovens, or other hard surfaces.
(i) A water softening chemical, anti-scale
				  chemical, or corrosion inhibitor intended for use in circulatory systems, such
				  as boilers, air conditioners, cooling towers, and hot water heating
				  systems.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 6 - CLEANING AGENTS AND WATER CONDITIONERS › Section R. 323.1173 - Statements of product constituents and restrictions

Current through Vol. 24-12, July 15, 2024
(1) A person shall
				  not sell or distribute a new, reformulated, or altered cleaning agent or water
				  conditioner unless the person first has filed both of the following with the
				  department:
(a) A written statement setting
				  forth the percentage of phosphorus by weight, expressed as elemental
				  phosphorus, and the chemical names of all constituents in such product not
				  previously filed with the department.
(b) A written statement that a cleaning agent
				  or water conditioner is not likely to cause unlawful pollution or other
				  conditions or injuries as described in sections 3 and 4 of 1994 PA 451, MCL
				  324.3903 and 324.3904.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 6 - CLEANING AGENTS AND WATER CONDITIONERS › Section R. 323.1175 - Statements and determinations; proofs and consultations

Current through Vol. 24-12, July 15, 2024
Rule 175.
(1) A
				  statement filed with the department pursuant to R 323.1173 may be contested by
				  the department if it determines that a cleaning agent or water conditioner is
				  causing or is likely to cause unlawful pollution or other injuries as defined
				  in sections 3 and 4 of 1994 PA 451, MCL 324.3903 and 324.3904.
(2) In determining whether a cleaning agent
				  or water conditioner is causing or is likely to cause unlawful pollution or
				  other injuries as defined in sections 3 and 4 of 1994 PA 451, MCL 324.3903 and
				  324.3904, the department may seek the counsel and advice of the director of the
				  department of community health on the health or safety of any users of the
				  cleaning agent or water conditioner and of any state or federal agency or
				  educational institution as to any harmful effect upon animals, aquatic life, or
				  beneficial water uses.
(3) A
				  contest asserted by the department shall be noticed, heard, and determined in
				  accordance with 1969 PA 306, MCL 24.201 et seq.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 6 - CLEANING AGENTS AND WATER CONDITIONERS › Section R. 323.1180 - Department requests; hearings; determinations

Current through Vol. 24-12, July 15, 2024
Rule 180. The department may request the reduction or
					 removal of a constituent or chemical by a person if the department believes
					 that the use of the constituent or chemical in a cleaning agent or water
					 conditioner, under conditions of intended or probable use, is likely to cause a
					 water pollution or public health problem. The department may issue an order of
					 determination regulating or banning the product or constituent after hearing
					 held in accordance with 1969 PA 306, MCL 24.201 et seq., unless procedure is
					 otherwise prescribed in this part, if voluntary reduction or removal is not
					 accomplished as requested.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 6 - CLEANING AGENTS AND WATER CONDITIONERS › Section R. 323.1181 - Hearings, notices and appearances

Current through Vol. 24-12, July 15, 2024
Rule 181.
(1) When
				  the department determines that a restriction on the nutrient content or other
				  constituent of a cleaning agent or water conditioner is necessary to abate or
				  prevent injury defined in sections 3 and 4 of 1994 PA 451, MCL 324.3903 and
				  324.3904, the department shall notify the person affected by certified mail and
				  set a date for a hearing on the facts and proposed action. The hearing shall be
				  held in accordance with 1969 PA 306, MCL 24.201 et seq.
(2) An appearance at a hearing shall be made
				  in person by a duly authorized agent or by counsel.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 8 - WATER QUALITY-BASED EFFLUENT LIMIT DEVELOPMENT FOR TOXIC SUBSTANCES › Section R. 323.1201 - Purpose

Current through Vol. 24-12, July 15, 2024
Rule 1201. The rules in this part shall be used to
					 establish toxic substance water quality-based effluent limits (WQBELs) for
					 point source discharges that are protective of the designated uses of the
					 surface waters of the state as established in R 323.1100. WQBELs for certain
					 toxic substances may be very low and in some cases less than what current
					 analytical techniques can detect or quantify. In some effluents, the low levels
					 may not be amenable to regulatory control through end-of-pipe treatment
					 technology in a cost-effective manner. To achieve compliance with the low
					 WQBELs and associated regulatory requirements, the department is committed to,
					 and strongly encourages, the use of pollution prevention, source control, and
					 other waste minimization programs. End-of-pipe treatment for the low WQBELs
					 which is extraordinary or beyond that which would be necessary if not for the
					 low WQBELs will not be required by the department unless it is determined to be
					 the most cost-effective means or the only means to achieve the applicable water
					 quality-based effluent limit. The provisions of R 323.1103 may provide an
					 alternative to extraordinary end- of-pipe treatment where such treatment would
					 result in unreasonable economic effects on the discharger. The rules of this
					 part shall not be used as a basis for establishing controls on the discharge of
					 toxic substances from intermittent wet-weather point sources.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 8 - WATER QUALITY-BASED EFFLUENT LIMIT DEVELOPMENT FOR TOXIC SUBSTANCES › Section R. 323.1205 - Definitions; M to Z

Current through Vol. 24-12, July 15, 2024
Rule 1205. As used in this part:
(a) "Mass load" means a wasteload allocation
				  specified in units of weight per time.
(b) "Maximum acceptable toxicant
				  concentration (MATC)" means the concentration obtained by calculating the
				  geometric mean of the lower and upper chronic limits from a chronic test. A
				  lower chronic limit is the highest tested concentration that did not cause the
				  occurrence of a specific adverse effect. An upper chronic limit is the lowest
				  tested concentration which did cause the occurrence of a specific adverse
				  effect and above which all tested concentrations caused such an
				  occurrence.
(c) "Minimum level"
				  means the level at which the entire analytical system must give a recognizable
				  signal and acceptable calibration point. It is equivalent to the concentration
				  of the lowest calibration standards, assuming that all method-specified sample
				  weights, volumes, and cleanup procedures have been employed.
(d) "Mixing zone" means the portion of a
				  water body in which a point source discharge or venting groundwater is mixed
				  with the receiving water.
(e)
				  "Monthly average water quality-based effluent limit (WQBEL)" means an effluent
				  specific water quality-based effluent limit in a national pollutant discharge
				  elimination system (NPDES) permit developed to protect aquatic life, human
				  health, and wildlife from chronic chemical specific toxicity or aquatic life
				  from chronic whole effluent toxicity.
(f) "National pollutant discharge elimination
				  system (NPDES)" means a permit issued by the department to a discharger
				  pursuant to sections 3106 and 3112 of 1994 PA 451, MCL 324.3106 and
				  324.3112.
(g) "New discharge" means
				  any building, structure, facility, or installation from which there is or may
				  be a discharge of toxic substances to the surface waters of the state, the
				  construction of which commenced after July 29, 1997.
(h) "Nonpoint source" means a source of a
				  toxic substance to the surface waters of the state other than a source defined
				  as a point source.
(i) "Permittee"
				  means the individual or facility that is issued an NPDES permit.
(j) "Point source" means a discharge that is
				  released to the surface waters of the state by a discernible, confined, and
				  discrete conveyance, including any of the following from which wastewater is or
				  may be discharged:
(i) A pipe.
(ii) A ditch.
(iii) A channel.
(iv) A tunnel.
(v) A conduit.
(vi) A well.
(vii) A discrete fissure.
(viii) A container.
(ix) A concentrated animal feeding
				  operation.
(x) A boat or other
				  watercraft.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 8 - WATER QUALITY-BASED EFFLUENT LIMIT DEVELOPMENT FOR TOXIC SUBSTANCES › Section R. 323.1207 - Total maximum daily loads

Current through Vol. 24-12, July 15, 2024
Rule 1207.
(1) The
				  following general principles are applicable to establishing total maximum daily
				  loads (TMDLs) for toxic substances in the surface waters of the state, with the
				  exception of whole effluent toxicity:
(a)
				  TMDLs shall ensure attainment of applicable water quality standards for the
				  toxic substances for which they are established and shall, at a minimum, be
				  developed in accordance with the listing and priority setting process
				  established in section 303(d) of the clean water act and 40 C.F.R.§130.7.
				  Where water quality standards cannot be attained immediately, TMDLs shall
				  reflect reasonable assurances that water quality standards will be attained in
				  a reasonable period of time, with specific controls on individual sources being
				  implemented in stages. Determining the reasonable period of time in which water
				  quality standards will be met is a case- specific determination considering a
				  number of factors, including all of the following factors:
(i) Receiving water
				  characteristics.
(ii) Persistence,
				  behavior, and ubiquity of toxic substance of concern.
(iii) Type of remediation activities
				  necessary.
(iv) Available
				  regulatory and nonregulatory controls.
(v) Department requirements for attainment of
				  water quality standards.
(vi)
				  Technical and economic feasibility of attainment.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 8 - WATER QUALITY-BASED EFFLUENT LIMIT DEVELOPMENT FOR TOXIC SUBSTANCES › Section R. 323.1209 - Development of wasteload allocations for toxic substances

Current through Vol. 24-12, July 15, 2024
Rule 1209
.
(1) In the absence of a total maximum daily
				  load (TMDL) established under R 323.1207, or where consistent with a TMDL, the
				  following procedure shall be used to calculate individual point source
				  wasteload allocations (WLAs) for aquatic life, human health, and wildlife
				  values consistent with the requirements of R 323.1211(2):
(a) Chronic WLAs for discharges to lotic
				  waters shall be developed for the toxic substance as follows:
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Where:
Zt = water quality value developed for the toxic substance
					 expressed as total or total recoverable.
Zd = water quality value for aquatic life expressed as
					 dissolved metal. Values expressed as dissolved, but for which a translator (T)
					 is not available, shall be expressed as total or total recoverable for purposes
					 of this subdivision.
T = dissolved to total metal translator for aquatic life
					 wasteload allocations. For the metals in table 2, T equals the given value or
					 one derived from site- specific data. For metals not listed in table 2, T is
					 equal to a translator derived by the department when sufficient information is
					 available or from site-specific data.
Qe = effluent design flow, which is the annual average
					 design flow for municipalities and maximum authorized flow for other
					 facilities, unless it can be demonstrated to the department that an alternate
					 design flow is appropriate.
Qr = flow of the receiving water allocated for mixing under
					 R 323.1082. If a discharger has an intake upstream of the point of discharge,
					 then Qr shall reflect the reduction in the design flow volume attributable to
					 the intake.
Cr = receiving water background concentration of the toxic
					 substance developed under R 323.1207(1)(g).
The lowest of the WLAs developed under this subdivision for
					 the chronic aquatic life, human health, or wildlife values for each toxic
					 substance shall be the basis for the water quality-based effluent limit (WQBEL)
					 as specified in R 323.1211(4)(a).
Table 2.
Dissolved to total metal translators for aquatic life
					 wasteload allocations.
Toxic Substance
Translator (T)
Cadmium
								...................................................
2.1
Chromium
								..................................................
1.5
Copper
								........................................................
1.5
Lead
								...........................................................
4.5
Nickel
								.........................................................
1.1
Zinc
								............................................................
2.1
(b)
				  Chronic WLAs for discharges to the Great Lakes and inland lakes shall be
				  developed for a toxic substance as follows:
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Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 8 - WATER QUALITY-BASED EFFLUENT LIMIT DEVELOPMENT FOR TOXIC SUBSTANCES › Section R. 323.1215 - Special conditions for bioaccumulative chemicals of concern (BCCs)

Current through Vol. 24-12, July 15, 2024
Rule 1215. Conditions shall be established in national
					 pollutant discharge elimination system (NPDES) permits that require the
					 permittee to monitor for BCCs expected to be present in the discharge as a
					 result of operations at the facility. The permit shall also contain a
					 provision, consistent with R 323.1098, that prohibits the permittee from
					 undertaking any action that would result in a lowering of water quality from an
					 increased loading of a BCC unless an increased use request, including an
					 antidegradation demonstration, has been submitted and approved by the
					 department. The permit shall also require that the department be notified
					 within 10 days of the permittee becoming aware that a lowering of water quality
					 from an increased loading of a BCC has occurred.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 8 - WATER QUALITY-BASED EFFLUENT LIMIT DEVELOPMENT FOR TOXIC SUBSTANCES › Section R. 323.1219 - Whole effluent toxicity

Current through Vol. 24-12, July 15, 2024
Rule 1219
.
(1) For the purpose of evaluating the need
				  for whole effluent toxicity (WET) limits or conditions in point source
				  discharges, the narrative WET standard specified in R 323.1057(6) shall be
				  interpreted as follows:
(a) An effluent shall
				  not exceed 1.0 acute toxic unit (TUa), unless a higher level is acceptable
				  consistent with R 323.1082(1).
(b)
				  An effluent shall not cause or contribute to an exceedance of 1.0 chronic toxic
				  unit (TUc) in the surface waters of the state outside of any
				  department-approved mixing zone.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 10 - TREATMENT PLANT OPERATORS › Section R. 323.1251 - Purpose

Current through Vol. 24-12, July 15, 2024
Rule 251. Section 6a of Act No. 245 of the Public Acts of
					 1929, as added by Act No. 209 of the Public Acts of 1968 and amended by Act No.
					 129 of the Public Acts of 1972, being S323.206a of the Michigan Compiled Laws,
					 requires that every industrial or commercial entity which discharges liquid
					 wastes into any surface or ground waters or underground or on the ground other
					 than through a public sanitary sewer shall have waste treatment or control
					 facilities under the specific supervision and control of persons who have been
					 certified by the water resources commission as being properly qualified to
					 operate the facilities. These rules set forth the requirements for
					 certification of such operators.
R 323.1251 - R 323.1259 were transferred from R 323.21 -
						R 323.29. See 1954 ACS 72.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 10 - TREATMENT PLANT OPERATORS › Section R. 323.1252 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 252.
(1)
				  "Board" means the board of examiners established by the commission.
(2) "Certificate" means a document issued by
				  the commission at testing that a person is properly qualified to operate or
				  supervise the operation of certain designated waste treatment or control
				  facilities.
(3) "Owner" means an
				  industrial or commercial entity which discharges liquid wastes into any surface
				  or ground waters or underground or on the ground other than through a public
				  sanitary sewer.
(4) "Public
				  sanitary sewer" means an enclosed pipe or conduit intended to carry wastewater
				  from homes, businesses, and industries and is owned, operated, and maintained
				  by a city, village, township, county, authority, or other municipal
				  entity.
(5) "Waste treatment or
				  control facilities" means any disposal system, including disposal wells, or any
				  treatment works, equipment, machinery, or installation constructed, used, or
				  placed in operation for the purpose of reducing or eliminating water pollution
				  caused by industrial waste or any device or equipment for retaining, metering,
				  regulating, or monitoring a wastewater discharge, except that this rule shall
				  not apply to water, gas, or other material which is injected into a well to
				  facilitate production of oil or gas, or water derived in association with oil
				  or gas production and disposed of in a well, if the well is used either to
				  facilitate production or for disposal purposes and is under permit by the state
				  supervisor of wells.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 10 - TREATMENT PLANT OPERATORS › Section R. 323.1253 - Classification of waste treatment or control facilities

Current through Vol. 24-12, July 15, 2024
Rule 253.
(1) Each
				  waste treatment or control facility shall be classified by the commission as to
				  type. The commission shall notify the owner of the waste treatment or control
				  facility of its classification by issuing a certificate of classification. An
				  owner who objects to the assigned classification may appeal to the commission
				  in accordance with the commission's rules of procedure. Upon appeal, the
				  commission shall schedule a hearing and request the owner to present evidence
				  to support his claim. After the hearing, the commission shall determine the
				  proper waste treatment or control facility classification.
(2) Classifications shall be of 3 types,
				  described as physical, chemical, and biological. Each of these classifications
				  shall be further subdivided into at least 3 subclassifications, with the more
				  complex facilities assigned the higher numbers.
EXAMPLES OF WASTE TREATMENT
OR CONTROL FACILITIES CLASSIFICATIONS
A.
PHYSICAL
Subclassification No. 1
Subclassification No. 2
Plain sedimentation
Filtration
Screening
Thermo control, cooling towers
Spray pond
Incineration, land disposal
Skimming
Radioactivity monitoring
Gravity separation
Air flotation
Flotation
Gas stripping
Impoundment,regulated di
scharge Centrifuging
Impoundment, without dis
charge Discharge measuring and monitoring
Land surface disposal
Subsurface disposal
Subclassification No. 3
Deep well injection
Wax oxidation
Membrane filtration
B.
CHEMICAL
Subclassification No. 1
Sludge conditioning
Adsorption
Neutralization
Absorption
Subclassification No. 2
Ion exchange
Chemical cloagulation
Subclassification No. 3
Precipitation
Chemical oxidation reduction
Emulsion breaking
Chemical recovery
C.
BIOLOGICAL
Subclassification No. 1
Subclassification No. 2
Extended aeration
Disinfection
Aerated Lagoons
Trickling filters
Natural stabilization basin
Aerobic and anaerobic digestion
Subclassification No. 3
Activated sludge
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 10 - TREATMENT PLANT OPERATORS › Section R. 323.1254 - Board of examiners

Current through Vol. 24-12, July 15, 2024
Rule 254. The commission shall appoint a 5-member board of
					 examiners, of which 1 member shall be a member of the staff of the commission,
					 1 shall be a member of the staff of the Michigan department of public health,
					 1shall be an owner of a commercial or industrial enterprise which operates a
					 waste treatment facility or an employee of such an owner, 1 shall be a holder
					 of a certificate to operate or supervise the operation of a waste treatment
					 facility, and 1 shall be chosen at large. Of the members first appointed, 1
					 shall be appointed for a term of 1 year, 2 for terms of 2years and 2 for terms
					 of 3 years. Thereafter, each member shall be appointed for a term of 3 years.
					 At its first meeting in each calendar year, the board shall select from its
					 membership a chairman and such other officers as may be needed to conduct its
					 business. Members of the board shall be reimbursed for their actual and
					 necessary expenses in transacting board business.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 10 - TREATMENT PLANT OPERATORS › Section R. 323.1255 - Applications and examinations

Current through Vol. 24-12, July 15, 2024
Rule 255.
(1) A
				  person desiring to be certified in 1 or more of the classifications shall file
				  an application with the commission at least 30 days before the established date
				  of the examination on an application form provided by the commission. The
				  information included therein shall constitute a part of the
				  examination.
(2) The board, shall,
				  under the direction of the commission, examine applicants for certification in
				  order to determine their ability and qualifications, at such times and places
				  as it designates and in accordance with the provisions of these rules.
				  Examinations shall be held at least annually. Sixty days' notice of the
				  examination date shall be given. The board, as a result of the examination and
				  the requirements of the act, shall recommend to the commission the issuance or
				  non-issuance of certificates.
(3)
				  The commission may maintain reciprocal certification with other
				  states.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 10 - TREATMENT PLANT OPERATORS › Section R. 323.1256 - Qualifications for certification

Current through Vol. 24-12, July 15, 2024
Rule 256.
(1) The
				  board may recommend for certification, following an oral examination and such
				  other examinations, including an evaluation of the applicant's experience, as
				  the board may require, persons with the following qualifications:
(a) Minimum requirements, all types of
				  classification no. 1:
(i) The ability to read
				  and write.
(ii) Comprehension of
				  the principles and problems of management of the treatment process and
				  facilities.
(iii) The ability to
				  perform arithmetic calculations necessary to, operate the waste treatment or
				  control facility, and prepare the required report to the commission.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 10 - TREATMENT PLANT OPERATORS › Section R. 323.1257 - Renewal and revocation of certificates

Current through Vol. 24-12, July 15, 2024
Rule 257.
(1) A
				  certificate is valid for 5 years from the next July 1 after the date of
				  issuance. On or after January 1 of the year in which a certificate expires, the
				  certified person may apply for renewal thereof.
The commission may waive reexamination if the certified
					 operator's operation record justifies such exceptions. Failure to apply for
					 renewal shall result in termination of such certification. The commission shall
					 notify the certified operator and the owner as to the action it has
					 taken.
(2) If the
				  certificate of an operator is not renewed within 30 days after its renewal
				  date, the commission shall give notice of the nonrenewal to the owner and the
				  operator and 30 days thereafter certification shall be terminated unless
				  application for renewal has been received in the interim.
(3) The commission may revoke the certificate
				  of a person who, after a hearing, is adjudged incompetent or unable to properly
				  perform the duties of operator in his classification, or who has practiced
				  fraud or falsification or who has been negligent in the discharge of his
				  duties. Notice of revocation shall be given to the owner and to the person
				  whose certification is being revoked.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 10 - TREATMENT PLANT OPERATORS › Section R. 323.1258 - Persons in responsible charge and changes

Current through Vol. 24-12, July 15, 2024
Rule 258.
(1) An
				  owner shall designate a certified operator to be in responsible charge of the
				  day-to-day operation of each waste treatment facility, and shall inform the
				  commission of the designation. The owner may replace the designated operator
				  with another properly certified operator at any time and shall notify the
				  commission within 10 days after the replacement.
(2) A certified operator who changes his
				  address or place of employment shall notify the commission thereof within 30
				  days after the change.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 10 - TREATMENT PLANT OPERATORS › Section R. 323.1259 - Reports

Current through Vol. 24-12, July 15, 2024
Rule 259. The person in responsible charge of a waste
					 treatment or control facility shall file with the commission, each month or at
					 such longer interval as the commission may designate, on forms provided by the
					 commission, operating reports showing the effectiveness of the treatment
					 facility operation and the quantity and quality of liquid wastes discharged
					 into any surface or ground waters or underground or on the ground other than
					 through a public sanitary sewer. When the person in responsible charge is not
					 available to file the report, the owner may appoint a substitute suitable to
					 the commission to file the report.
R 323.12 51 - R 323.1259 were transferred from R 323.21 -
						R 323.29. See 1954 ACS 72.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 13 - FLOODPLAINS AND FLOODWAYS › Section R. 323.1311 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 311. As used in this part:
(a) "A 100-year flood" means a flood with a
				  magnitude which has a 1% chance of occurring or being exceeded in any given
				  year.
(b) "Department" means the
				  Michigan department of environmental quality.
(c) "Encroachment" means any structure,
				  filling, grading, or deposition of materials in, upon, across, or projecting
				  into, a floodplain, channel, or floodway.
(d) "Flood" means a temporary increase in the
				  stage of a river or stream resulting in the inundation of lands not normally
				  covered by water.
(e) "Floodplain"
				  means that area of land adjoining a river or stream that will be inundated by a
				  100-year flood.
(f) "Floodway"
				  means the channel of a river or stream and the portions of the floodplain
				  adjoining the channel that are reasonably required to carry and discharge a
				  100-year flood.
(g) "Harmful
				  interference" means causing an increased stage or change in direction of flow
				  of a river or stream that causes, or is likely to cause, any of the following:
(i) Damage to property.
(ii) A threat to life.
(iii) A threat of personal injury.
(iv) Pollution, impairment, or destruction of
				  water or other natural resources.