reglab/statecodes huggingface dataset:
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 13 - FLOODPLAINS AND FLOODWAYS › Section R. 323.1312 - Applicability of rules

Current through Vol. 24-12, July 15, 2024
Rule 312. These rules do not apply to any of the
					 following:
(a) A watershed that has a
				  drainage area of less than 2 square miles when measured at the downstream
				  limits of the proposed project.
(b)
				  An improvement proposed under Act No. 40 of the Public Acts of 1956, as
				  amended, being §280.1 et seq. of the Michigan Compiled Laws.
(c) A flood control project designed by the
				  United States army corps of engineers.
(d) A flood control project designed by the
				  United States soil conservation service.
(e) Bridge or culvert replacements, upon
				  certification, by the owner or by the owner's engineering consultant, that the
				  replacement is designed with an equal or greater hydraulic capacity, that the
				  existing bridge or culvert and its approaches do not cause harmful
				  interference, and that deletion of existing auxiliary openings and road
				  overflow areas is not planned.
(f)
				  New bridges or culverts, upon certification, by the owner or by the owner's
				  engineering consultant, that the bridge or culvert is designed to pass the
				  100-year flood without causing harmful interference. Preliminary bridge or
				  culvert plans, hydraulic waterway design calculations and construction methods,
				  and procedures covering protection of natural resources shall be furnished with
				  the certification to the department.
(g) The extension of an existing bridge or
				  culvert where the total extended length is not more than 24 feet.
(h) A deck replacement of an existing bridge
				  or resurfacing over an existing culvert.
(i) A roadway resurfacing project where the
				  road grade or shoulders will be increased only by the addition of a new wearing
				  course.
(j) Utility crossings of a
				  floodplain where the floodplain will be restored essentially to existing
				  elevations.
(k) Noncommercial
				  piers, docks, spring piles, pile clusters, and stream bank restorations,
				  including seawalls, bulkheads, and other permanent revetment structures, that
				  are classified as minor projects under R 281.816 (1) (a), (b), and
				  (c).
(l) Excavating or dredging
				  activities where dredged materials are placed in an upland area that is out of
				  the floodplain.
(m) Boat ramps that
				  conform to existing streambank contours.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 13 - FLOODPLAINS AND FLOODWAYS › Section R. 323.1313 - Permit application; information

Current through Vol. 24-12, July 15, 2024
Rule 313.
(1) An
				  application to the department for a permit to occupy, fill, or grade lands in a
				  floodplain, streambed, or channel of a stream shall be on an application form
				  obtained from the department.
(2)
				  An application for a permit to place an encroachment not excluded under R
				  323.1312 in a floodplain, channel, or floodway shall include a site location
				  and a property map showing limits of the proposed encroachment as it relates to
				  the drainage course. A copy of a filed application shall be sent to the local
				  unit of government prior to the department's final action on the
				  application.
(3) The department may
				  ask for the following additional information in order to analyze the effects
				  that a proposed encroachment, acting alone or in combination with existing or
				  future similar works, has on stage or discharge characteristics of the stream:
(a) A site development plan showing both
				  existing and proposed conditions on a topographic map and containing the
				  following information:
(i) Location
				  map.
(ii) Property lines.
(iii) Road right-of-way, drainage, and
				  utility easements.
(iv) Existing
				  and proposed contours at sufficient intervals to adequately describe the
				  existing features and the proposed alterations.
(v) Proposed bridges, culverts, and
				  stormwater outfalls. Plans or sketches shall be included to provide sufficient
				  information for evaluation.
(vi)
				  Proposed channel relocations and the limits of improvements and
				  alterations.
(vii) Delineation of
				  proposed cut and fill limits.
(viii) Approximate volume of cut and
				  fill.
(ix) Proposed elevations of
				  roads and buildings, including elevations of first floor and basement openings
				  into buildings.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 13 - FLOODPLAINS AND FLOODWAYS › Section R. 323.1315 - Criteria for determining permissibility of encroachments

Current through Vol. 24-12, July 15, 2024
Rule 315.
(1) An
				  encroachment in the floodway which, acting alone or in combination with
				  existing or future similar works, may cause harmful interference shall not be
				  approved. In making this determination, an analysis shall be made for a range
				  of discharges up to and including the 100-year flood discharge modified to
				  reflect changes in land use and development reasonably anticipated to occur
				  within the watershed up to twenty years from the date of application.
(2) A bridge or culvert, constructed or
				  reconstructed, shall be capable of passing the 100-year flood without causing
				  harmful interference.
(3) An
				  encroachment in the floodplain, landward of the floodway limits, which, acting
				  alone or in combination with existing or future similar works, does not cause
				  harmful interference may be permitted.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 13 - FLOODPLAINS AND FLOODWAYS › Section R. 323.1316 - Minor project categories

Current through Vol. 24-12, July 15, 2024
Rule 316. Upon receipt of an application for a permit for
					 any of the following minor projects, the department may act upon the
					 application, if accompanied by a fee of $100.00, as provided for in section
					 3103 of Act. No.451 of the Public Acts of 1994, as amended, being
					 §324.3103 of the Michigan Compiled Laws:
(a) Construction, filling, or grading that is
				  landward of the floodway limit identified in flooplain delineation studies
				  listed in R 323.1314(1).
(b)
				  Construction, filling, or grading that is landward of the bed and banks of the
				  St. Marys, St. Claire, and Detroit Rivers.
(c) Construction, filling, or grading that is
				  landward of the floodway limits as determined by the department on stream
				  reaches or in areas where floodways have not been defined by R
				  323.1314(1).
(d) Any construction
				  of filling which is located within the following critical floowater storage
				  areas and which is done on an individually owned subdivision lot where the
				  construction and fill is confined to less than 5,000 square feet:
(i) Clinton river forks, as follows: Land
				  areas within the 100-year floodplain of the Clinton river and branches within
				  Clinton township and Macomb township, Macomb county.
(ii) Saginaw river storage area, as follows:
				  Land areas within the 100-year floodplain of the Saginaw river and tributaries,
				  including Cheboyganing and Dutch creeks, between the cities of Saginaw and Bay
				  City, Saginaw and Bay counties.
(iii) Shiawassee flats, as follows: Land
				  areas within the 100-year floodplain of the lower reaches of the Shiawassee,
				  Cass, Flint, Tittabawassee, and Bad rivers within Saginaw county.
(iv) Snake creek, as follows: Land areas
				  within the 100-year floodplain of Snake creek in the city of Midland, Midland
				  county.
(v) Rush creek, as follows
				  : Land areas within the 100-year floodplain of Rush creek in Georgetown
				  township and the city of Hudsonville, Ottawa county.
(vi) Frank and Poet drain, as follows: Land
				  areas within the 100-year floofplain of the Frank and Poet drain in the city of
				  Trenton, Wayne county.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 13 - FLOODPLAINS AND FLOODWAYS › Section R. 323.1329 - Hearings

Current through Vol. 24-12, July 15, 2024
Rule 329. A person who feels aggrieved by any action taken
					 pursuant to sections 3101 to 3119 of Act No. 451 of the Public Acts of 1994, as
					 amended, being §§324.3101 to 324.3119 of the Michigan Compiled Laws,
					 or these rules may request a hearing in accordance with the provisions of Act
					 No. 306 of the Public Acts of 1969, as amended, being §24.201 et seq. of
					 the Michigan Compiled Laws.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 15 - IRON ORE BENEFICIATION › Section R. 323.1351 - Definition

Current through Vol. 24-12, July 15, 2024
Rule 351. As used in this part, "beneficiation act" means
					 Act No. 143 of the Public Acts of 1959, being SS323.251 to 323.258 of the
					 Michigan Compiled Laws.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 15 - IRON ORE BENEFICIATION › Section R. 323.1352 - Applications

Current through Vol. 24-12, July 15, 2024
Rule 352. An application filed under the beneficiation act
					 for a permit to drain, divert, control or use water for the operation of low
					 grade iron ore mining property shall be in letter form, supplemented by maps,
					 charts, and data, setting forth in detail the location of the mining property,
					 the necessity for the proposed water use development, the waters to be affected
					 thereby including information on the points of drainage, diversion, control or
					 use, the natural conditions and variations of the waters involved and the
					 effects thereon from the proposed development. The application shall be signed
					 by the operator of the mining property or his duly authorized representative
					 and shall be filed in duplicate with the executive secretary of the
					 commission.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 15 - IRON ORE BENEFICIATION › Section R. 323.1353 - Permits

Current through Vol. 24-12, July 15, 2024
Rule 353. A permit issued under the beneficiation act for
					 diversion or control of water is valid only during such times as the permittee
					 maintains in proper operation devices to measure and record:
(a) The amount of water being
				  diverted.
(b) The flow in streams
				  below the diversion or control, if the permit is conditioned on reservation or
				  maintenance of a specified minimum stream flow.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 15 - IRON ORE BENEFICIATION › Section R. 323.1354 - Hearings

Current through Vol. 24-12, July 15, 2024
Rule 354.
(1) The
				  2 notices of hearings required by the beneficiation act shall be published at
				  intervals of 1 week or more and the last notice shall be published 2 weeks
				  before the scheduled hearing date.
(2) All evidence, including records and
				  documents in possession of the commission of which it desires to avail itself,
				  and excepting those materials excluded by section 22 of Act No. 306 of the
				  Public Acts of 1969, shall be offered at the public hearing and made a part of
				  record in a case brought under the beneficiation act. Documentary evidence may
				  be received in the form of copies or excerpts or by incorporation by reference.
				  A hearing may be continued as necessary to permit the submittal of additional
				  evidence. A permit will not be issued in a case where the commission deems the
				  evidence submitted to be insufficient for determining that its exercise would
				  not unreasonably impair the interest of the public or of riparians in lands or
				  waters or the beneficial use thereof and would not endanger the public health
				  or safety.
(3) Procedures for
				  hearings shall be those as provided in part 3 of the general rules.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 17 - SOIL EROSION AND SEDIMENTATION CONTROL › Section R. 323.1702 - Earth change requirements generally

Current through Vol. 24-12, July 15, 2024
Rule 1702.
(1) A
				  person shall conduct an earth change in a manner that will effectively reduce
				  accelerated soil erosion and resulting sedimentation.
(2) A person engaged in an earth change
				  identified in R 323.1704 shall plan, implement, and maintain acceptable soil
				  erosion and sedimentation control measures in conformance with part 91, which
				  effectively reduce accelerated soil erosion and off-site
				  sedimentation.
(3) A person shall
				  set forth soil erosion and sedimentation control measures in a plan as
				  prescribed by R 323.1703. A person shall make the plan available for inspection
				  at all times at the site of the earth change. The department, or its designated
				  representative, may require the county or local enforcing agency to file a copy
				  of the plan with the department.
(4) A person shall obtain a permit containing
				  state prescribed information, as required by R 323.1707, and make the permit
				  available for inspection at the site of the earth change.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 17 - SOIL EROSION AND SEDIMENTATION CONTROL › Section R. 323.1703 - Soil erosion and sedimentation control plan requirements

Current through Vol. 24-12, July 15, 2024
Rule 1703. A person shall prepare a soil erosion and
					 sedimentation control plan for any earth change identified in R 323.1704. A
					 person shall design the plan to effectively reduce accelerated soil erosion and
					 sedimentation and shall identify factors that may contribute to soil erosion or
					 sedimentation, or both. The plan shall include, but not be limited to, all of
					 the following:
(a) A map or maps at a
				  scale of not more than 200 feet to the inch or as otherwise determined by the
				  county or local enforcing agency. A map shall include a legal description and
				  site location sketch that includes the proximity of any proposed earth change
				  to lakes or streams, or both; predominant land features; and contour intervals
				  or slope description.
(b) A soils
				  survey or a written description of the soil types of the exposed land area
				  contemplated for the earth change.
(c) Details for proposed earth changes,
				  including all of the following:
(i) A
				  description and the location of the physical limits of each proposed earth
				  change.
(ii) A description and the
				  location of all existing and proposed on-site drainage and dewatering
				  facilities.
(iii) The timing and
				  sequence of each proposed earth change.
(iv) The location and description for
				  installing and removing all proposed temporary soil erosion and sediment
				  control measures.
(v) A description
				  and the location of all proposed permanent soil erosion and sediment control
				  measures.
(vi) A program proposal
				  for the continued maintenance of all permanent soil erosion and sediment
				  control measures that remain after project completion, including the
				  designation of the person responsible for the maintenance. Maintenance
				  responsibilities shall become a part of any sales or exchange agreement for the
				  land on which the permanent soil erosion control measures are
				  located.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 17 - SOIL EROSION AND SEDIMENTATION CONTROL › Section R. 323.1704 - Permit requirements

Current through Vol. 24-12, July 15, 2024
Rule 1704.
(1) A
				  landowner or designated agent who contracts for, allows, or engages in, an
				  earth change in this state shall obtain a permit from the appropriate enforcing
				  agency before commencing an earth change which disturbs 1 or more acres of land
				  or which is within 500 feet of the water's edge of a lake or stream, unless
				  exempted in R 323.1705.
(2) An
				  earth change activity that does not require a permit under subrule (1) of this
				  rule is not exempt from enforcement procedures under part 91 or these rules, if
				  the activity exempted by subrule (1) of this rule causes or results in a
				  violation of part 91 or these rules.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 17 - SOIL EROSION AND SEDIMENTATION CONTROL › Section R. 323.1705 - Permit exemptions and waivers

Current through Vol. 24-12, July 15, 2024
Rule 1705.
(1) A
				  permit is not required for any of the following:
(a) A beach nourishment project permitted
				  under part 325 of Act No. 451 of the Public Acts of 1994, as amended, being
				  § 324.32501 et seq. of the Michigan Compiled Laws.
(b) Normal road and driveway maintenance,
				  such as grading or leveling, that does not increase the width or length of the
				  road or driveway and that will not contribute sediment to lakes or
				  streams.
(c) An earth change of a
				  minor nature that is stabilized within 24 hours of the initial earth
				  disturbance and that will not contribute sediment to lakes or
				  streams.
(d) Installation of oil,
				  gas, and mineral wells under permit from the supervisor of wells if the
				  owner-operator is found by the supervisor of wells to be in compliance with the
				  conditions of part 91.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 17 - SOIL EROSION AND SEDIMENTATION CONTROL › Section R. 323.1706 - Application for permit

Current through Vol. 24-12, July 15, 2024
Rule 1706.
(1) A
				  landowner or designated agent shall submit an application for a permit to the
				  appropriate enforcing agency.
(2) A
				  landowner or designated agent shall submit, with the application, a soil
				  erosion and sedimentation control plan and any other document that the
				  appropriate enforcing agency may require.
(3) The county or local enforcing agency
				  shall provide an application requiring state prescribed information to an
				  applicant.
(4) An authorized public
				  agency is exempt from obtaining a permit from a county or local enforcing
				  agency, but shall notify the county or local enforcing agency of each proposed
				  earth change.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 17 - SOIL EROSION AND SEDIMENTATION CONTROL › Section R. 323.1707 - Application review and permit procedures

Current through Vol. 24-12, July 15, 2024
Rule 1707.
(1) A
				  person who is designated by the county or local enforcing agency who is trained
				  in soil erosion and sedimentation control methods and techniques shall review
				  and approve a soil erosion and sedimentation control plan.
(2) The appropriate enforcing agency shall
				  approve, disapprove, or require modification of an application for an earth
				  change permit within 30 calendar days following receipt of the application. The
				  enforcing agency shall notify an applicant of by first-class mail. If an
				  applicant is disapproved, then the enforcing agency shall advise the applicant
				  by certified mail of its reasons for disapproval and conditions required for
				  approval. The enforcing agency need not notify an applicant of approval or
				  disapproval by mail if the applicant is given written approval or disapproval
				  of the application in person. A permit given to the applicant either in person
				  or by first-class mail constitutes approval.
(3) A permit that contains state prescribed
				  information shall be used by each county or local enforcing agency and shall
				  include any additional provisions required by the county or local enforcing
				  agency. The permit shall be available at the site of the earth change for
				  inspection.
(4) Upon a
				  determination that a permit applicant has met all of the requirements of these
				  rules, Part 91 and the local ordinance, if applicable, the appropriate
				  enforcing agency shall issue a permit for the proposed earth change.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 17 - SOIL EROSION AND SEDIMENTATION CONTROL › Section R. 323.1708 - Soil erosion and sedimentation control procedures and measures generally

Current through Vol. 24-12, July 15, 2024
Rule 1708. A person who applies for an earth change permit
					 shall incorporate the soil erosion and sedimentation control procedures and
					 measures prescribed by R 323.1709 and R 323.1710 into the soil erosion and
					 sedimentation control plan and shall apply the procedures and measures to all
					 earth changes identified in the plan, unless the person preparing the plan
					 shows, to the satisfaction of the appropriate enforcing agency, that altering
					 the control procedures or measures or including other control procedures or
					 measures will prevent accelerated soil erosion and sedimentation during the
					 earth change.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 17 - SOIL EROSION AND SEDIMENTATION CONTROL › Section R. 323.1709 - Earth change requirements: time; sediment removal; design, installation, and removal of temporary or permanent control measures

Current through Vol. 24-12, July 15, 2024
Rule 1709.
(1) A
				  person shall design, construct, and complete an earth change in a manner that
				  limits the exposed area of any disturbed land for the shortest possible period
				  of time as determined by the county or local enforcing agency.
(2) A person shall remove sediment caused by
				  accelerated soil erosion from runoff water before it leaves the site of the
				  earth change.
(3) A person shall
				  design a temporary or permanent control measure that is designed and
				  constructed for the conveyance of water around, through, or from the earth
				  change area to limit the water flow to a nonerosive velocity.
(4) A person shall install temporary soil
				  erosion and sedimentation control measures before or upon commencement of the
				  earth change activity and shall maintain the measures on a daily basis. A
				  person shall remove temporary soil erosion and sedimentation control measures
				  after permanent soil erosion measures are in place and the area is stabilized.
				  A person shall stabilize the area with permanent soil erosion control measures
				  under approved standards and specifications as prescribed by R
				  323.1710.
(5) A person shall
				  complete permanent soil erosion control measures for all slopes, channels,
				  ditches, or any disturbed land area within 5 calendar days after final grading
				  or the final earth change has been completed. If it is not possible to
				  permanently stabilize a disturbed area after an earth change has been completed
				  or if significant earth change activity ceases, then a person shall maintain
				  temporary soil erosion and sedimentation control measures until permanent soil
				  erosion control measures are in place and the area is stabilized.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 17 - SOIL EROSION AND SEDIMENTATION CONTROL › Section R. 323.1710 - Standards and specifications

Current through Vol. 24-12, July 15, 2024
Rule 1710. A person shall complete all temporary and
					 permanent erosion and sedimentation control measures according to the approved
					 plan or operating procedures.
(1) A
				  person shall install and maintain control measures in accordance with the
				  standards and specifications of all of the following:
(a) The product manufacturer.
(b) The local conservation
				  district.
(c) The
				  department.
(d) The Michigan
				  department of transportation.
(e)
				  The enforcing agency, if applicable and formally adopted.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 17 - SOIL EROSION AND SEDIMENTATION CONTROL › Section R. 323.1711 - Building permits

Current through Vol. 24-12, July 15, 2024
Rule 1711.
(1) A
				  local agency or general law township that issues building permits shall notify
				  the county or local enforcing agency immediately upon receipt of an application
				  for a building permit that requires an earth change which disturbs 1 or more
				  acres or which is located within 500 feet of a lake or stream.
(2) A local agency or general law township
				  shall not issue a building permit to a person engaged in an earth change if the
				  change requires a permit under part 91 or these rules until the county or local
				  enforcing agency has issued the required state-prescribed permit for the earth
				  change.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 17 - SOIL EROSION AND SEDIMENTATION CONTROL › Section R. 323.1712 - Enforcement

Current through Vol. 24-12, July 15, 2024
Rule 1712. The county or local enforcing agency may issue a
					 cease and desist order or revoke a permit upon its finding that there is a
					 violation of part 91, these rules, or an approved local ordinance or a finding
					 that there is a violation of a permit or an approved soil erosion and
					 sedimentation control plan.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 17 - SOIL EROSION AND SEDIMENTATION CONTROL › Section R. 323.1713 - Periodic review

Current through Vol. 24-12, July 15, 2024
Rule 1713. The department shall conduct an ongoing
					 comprehensive review and evaluation of all soil erosion and sedimentation
					 control programs that operate under part 91 and these rules. The department
					 shall notify county and local enforcing agencies and authorized public agencies
					 as to the acceptability of their soil erosion and sedimentation control
					 programs. The department shall make available a report of its findings of the
					 review and evaluation of all enforcing agencies and authorized public
					 agencies.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 17 - SOIL EROSION AND SEDIMENTATION CONTROL › Section R. 323.1714 - Availability of documents

Current through Vol. 24-12, July 15, 2024
Rule 1714. Copies of the local conservation district
					 standards and specifications for soil erosion and sedimentation control, as
					 referred to in
					 R
					 323.1710, are available at each local conservation
					 district office at a nominal cost. Copies of the department's standards are
					 available from the water resources division's Lansing office. Department of
					 transportation standards are available at the Lansing office for a fee.
					 Information on other standards may be available from product manufacturers and
					 the enforcing agencies.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 21 - WASTEWATER DISCHARGE PERMITS › Section R. 323.2101 - Purpose

Current through Vol. 24-12, July 15, 2024
Rule 2101.
(1)
				  These rules are being processed to implement the 1972 amendments to part 31 of
				  the act which authorized the initiation of a waste or waste effluent discharge
				  permit system compatible with the national pollutant discharge elimination
				  system (NPDES). The NPDES has been initiated by the federal Congress through
				  the enactment of the federal water pollution control act amendments of 1972,
				  (33 U.S.C. §1251 et seq.). In general, the rules outline all of the
				  following:
(a) The procedures by which all
				  persons discharging wastes into the waters of the state shall apply for waste
				  or waste effluent discharge permits as required by part 31 of the
				  act.
(b) Exceptions to procedural
				  requirements.
(c) Public
				  participation procedures and hearings on permit applications.
(d) Procedures by which permits are issued or
				  denied by the department.
(e)
				  Appeals procedures.
(f) Permit
				  conditions and monitoring of waste or wastewater discharges.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 21 - WASTEWATER DISCHARGE PERMITS › Section R. 323.2104 - Definitions; P to W

Current through Vol. 24-12, July 15, 2024
Rule 2104. As used in this part:
(a) "Part 91 permitting entity" means an
				  agency that is designated by a county board of commissioners pursuant to the
				  provisions of section 9105 of part 91 of the act; an agency that is designated
				  by a city, village, or township in accordance with the provisions of section
				  9106 of part 91 of the act; or the department if the construction activity is
				  under the jurisdiction of 2 or more municipal or county enforcing agencies; or
				  the department for soil erosion and sedimentation activities under part 615 or
				  part 631 pursuant to the provisions of section 9115 of part 91 of the
				  act.
(b) "Person" means an
				  individual, partnership, association, corporation, industry, or public
				  body.
(c) "Point source discharge"
				  means a discharge that is released to the 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 vessel or other
				  floating craft.
The term does not include a legally established county or
					 intercounty drain, except for a county or intercounty drain that has a POTW
					 designated as part of the drain or a discharge otherwise required to be
					 authorized by a national permit.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 21 - WASTEWATER DISCHARGE PERMITS › Section R. 323.2106 - Permit requirements of dischargers

Current through Vol. 24-12, July 15, 2024
Rule 2106.
(1) A
				  person discharging wastes into the surface or groundwaters of the state or on
				  the ground as a point source discharge, whether or not in compliance with an
				  outstanding order of determination, final order of determination, or
				  stipulation with the department, shall promptly make application for and obtain
				  from the department a valid national or state permit pursuant to section 3112
				  or 3113 of part 31 of the act and according to procedures and deadlines set
				  forth in these rules.
(2) A person
				  proposing a waste or wastewater discharge to the surface or groundwaters of the
				  state shall apply not less than 180 days before commencement of the discharge
				  or any other time period before commencement of the discharge as determined and
				  required by the department, for a national or state permit on an appropriate
				  application form supplied by or approved by the department.
(3) A person discharging wastes into surface
				  waters of the state shall apply to the department for a national permit. A
				  person discharging wastes on the ground or into groundwaters shall apply to the
				  department for a state permit. The procedures, forms, and deadlines required by
				  these rules shall apply to applications for either national or state
				  permits.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 21 - WASTEWATER DISCHARGE PERMITS › Section R. 323.2108 - Permits; application and filing procedures

Current through Vol. 24-12, July 15, 2024
Rule 2108.
(1) An
				  application for a permit shall be completed in accordance with and subject to
				  guidelines in 40 C.F.R. §122.21 (2005).
(2) A person discharging waste or wastewater
				  from more than 1 location shall file a separate application for each discharge
				  location. A single application may be filed for multiple outfalls discharging
				  from a single location, except that the discharge from each outfall shall be
				  described separately in the application.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 21 - WASTEWATER DISCHARGE PERMITS › Section R. 323.2109 - Permits; application exemptions

Current through Vol. 24-12, July 15, 2024
Rule 2109. A person who discharges or proposes to discharge
					 the following types of waste or wastewater shall not be required to apply for a
					 permit from the department pursuant to part 31 of the act or these
					 rules:
(a) Human sewage that is
				  discharged from vessels.
(b) Water,
				  gas, and other materials that are injected into a well to facilitate the
				  production of oil or gas, or water that is derived in association with oil or
				  gas production and disposed of in a well if authorized by the state supervisor
				  of wells.
(c) A discharge that is
				  directed solely to a publicly owned treatment works, but not from a publicly
				  owned treatment works.
(d) Point
				  source discharges of storm water, unless a person is required to apply for a
				  national permit pursuant to R 323.2161 or R 323.2196.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 21 - WASTEWATER DISCHARGE PERMITS › Section R. 323.2112 - Permit applications; deficiencies; additional data requirements

Current through Vol. 24-12, July 15, 2024
Rule 2112.
(1) The
				  department, at its discretion or upon request of the regional administrator,
				  may request of an applicant any additional information deemed necessary to
				  complete or correct deficiencies in the application before processing the
				  application or issuing or denying the issuance of a permit. A national permit
				  or state permit shall not be issued by the department until an application is
				  complete or any further information requested by the department is
				  supplied.
(2) The department shall
				  take proper enforcement action as prescribed by part 31 of the act against any
				  person who fails to file a complete application, if deficiencies are not
				  corrected or incomplete information is not supplied within 60 days to the
				  department following its request by the applicant.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 21 - WASTEWATER DISCHARGE PERMITS › Section R. 323.2114 - Permit applications and other NPDES forms; valid signatories

Current through Vol. 24-12, July 15, 2024
Rule 2114. A state or national permit application form or
					 any other NPDES form submitted to the department pursuant to these rules shall
					 be signed as follows:
(a) For a
				  corporation, by a principal executive officer of at least the level of vice
				  president, or his or her designated representative, if the representative is
				  responsible for the overall operation of the facility from which the discharge
				  described in the permit application or other NPDES form originates.
(b) For a partnership, by a general
				  partner.
(c) For a sole
				  proprietorship, by the proprietor.
(d) For a municipal, state, or other public
				  facility, by either a principal executive officer, the mayor, village
				  president, city, or village manager, or other duly authorized
				  employee.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 21 - WASTEWATER DISCHARGE PERMITS › Section R. 323.2115 - Permits; tentative determinations and draft permits

Current through Vol. 24-12, July 15, 2024
Rule 2115.
(1)
				  Before public notice pursuant to R 323.2117 of a national or state permit
				  application and when the department is satisfied that the application is
				  complete, the staff of the department shall make preliminary determinations on
				  the application, including a proposed determination to issue or deny a state or
				  national permit for the discharge described in the application.
(2) If the proposed determination is to issue
				  a state or national permit, then all of the following additional tentative
				  determinations shall be made:
(a) Proposed
				  effluent limitations shall be identified for the constituents proposed to be
				  limited.
(b) A proposed schedule of
				  compliance for meeting the proposed effluent limitations, including interim
				  dates and requirements, if applicable.
(c) A description of any other proposed
				  restrictions or other conditions determined necessary by the department which
				  will significantly affect the discharge described in the application, including
				  pretreatment standards for discharges into publicly owned treatment
				  works.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 21 - WASTEWATER DISCHARGE PERMITS › Section R. 323.2117 - Public notice of permit application and preliminary determinations

Current through Vol. 24-12, July 15, 2024
Rule 2117.
(1) The
				  department shall prepare and sign a public notice of an application for a
				  national permit, or a state permit as deemed appropriate by the department, and
				  of the proposed determination to issue or deny a permit for the proposed or
				  existing discharge identified in the application. The notice shall be
				  circulated within the geographical area of the proposed or existing discharge
				  in 1 or more of the following ways:
(a)
				  Posting of the notice in the post office or other public buildings of the
				  municipality nearest the premises of the applicant in which the discharge is or
				  will be located.
(b) Posting of the
				  notice at the entrance to the applicant's premises or nearby.
(c) Publishing the notice in 1 or more
				  newspapers of general circulation in the area of the applicant, or if
				  appropriate, in an applicable periodical.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 21 - WASTEWATER DISCHARGE PERMITS › Section R. 323.2118 - Public notice; contents and information

Current through Vol. 24-12, July 15, 2024
Rule 2118. A public notice of a state or national permit
					 application shall contain all of the following information:
(a) The date of posting or publication of the
				  public notice.
(b) The address and
				  telephone number of the department office in Lansing and the department
				  district office nearest to the geographical location of the
				  applicant.
(c) The name and address
				  of the applicant.
(d) A concise
				  description of the applicant's activities and operations which result in the
				  discharge identified in the permit application.
(e) The name of the waterway to which the
				  discharge is made or is proposed to be made, including the location of the
				  proposed or existing discharge identified in the application.
(f) A statement of the department's tentative
				  determination to issue or deny the permit for the discharge identified in the
				  application.
(g) A concise
				  description of the procedures for the formulation of final determinations
				  including information on the comment period prescribed in R 323.2119 or other
				  means by which interested persons may comment on the tentative
				  determinations.
(h) The address and
				  telephone number of the department office where more information on the
				  application may be obtained or where copies of the draft permit prepared
				  pursuant to R 323.2115 and fact sheets may be obtained and any other applicable
				  NPDES forms and related documents may be inspected or copied.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 21 - WASTEWATER DISCHARGE PERMITS › Section R. 323.2119 - Public notice; comment period for interested persons

Current through Vol. 24-12, July 15, 2024
Rule 2119.
(1) Up
				  to 30 days following the date of posting or publication of the public notice
				  pursuant to R 323.2117, an interested person may submit his or her views in
				  writing on the application or department tentative determinations, or both, to
				  the department. The time for public comment may be extended by the department
				  if it determines that an extension of time is necessary to facilitate
				  additional public comment.
(2) All
				  views submitted to the department in writing by interested persons during the
				  comment period shall be retained and considered in the formulation of final
				  determinations by the department on the permit application.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 21 - WASTEWATER DISCHARGE PERMITS › Section R. 323.2121 - Fact sheets on permit applications

Current through Vol. 24-12, July 15, 2024
Rule 2121.
(1) For
				  each state or national permit application which identifies an existing or
				  proposed discharge of 500,000 gallons or more for any day of the year, the
				  department shall prepare and make available a fact sheet with respect to the
				  application described in the public notice, which shall contain information
				  prescribed by R 323.2122.
(2) The
				  department may prepare a fact sheet for any existing or proposed discharge
				  identified in an application of less than 500,000 gallons for any day of the
				  year, if it deems the discharge is of significant importance to warrant
				  additional information for public comment.
(3) A copy of the fact sheet shall be
				  available at the department office in Lansing and at the department district
				  office nearest to the geographical location of the applicant. Any person may
				  request in writing a copy of the fact sheet which will be mailed to him or
				  her.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 21 - WASTEWATER DISCHARGE PERMITS › Section R. 323.2122 - Fact sheets on permit applications; contents and information

Current through Vol. 24-12, July 15, 2024
Rule 2122. The fact sheet prepared pursuant to R 323.2121
					 shall contain, but is not limited to, all of the following information:
(a) A sketch or detailed description of the
				  location of the existing or proposed discharge described in the permit
				  application.
(b) A quantitative
				  description of the existing or proposed discharge including, but not limited
				  to, all of the following information:
(i) Its
				  rate or frequency or average daily flow.
(ii) Its summer and winter temperatures in
				  degrees Fahrenheit and mixing zone information.
(iii) If the discharge is a thermal discharge
				  subject to limitation under the federal act.
(iv) Its average daily discharge in pounds
				  per day of any pollutants or other constituents subject to limitation under
				  part 31 of the act or the federal act or rules or regulations promulgated
				  thereunder.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 21 - WASTEWATER DISCHARGE PERMITS › Section R. 323.2124 - Public notices and fact sheets; mailing lists

Current through Vol. 24-12, July 15, 2024
Rule 2124.
(1) An
				  interested person who desires to receive copies of all public notices or fact
				  sheets, or both, on state or national permit applications for discharges in a
				  geographical drainage area of the state as identified in subrule (2) of this
				  rule, may request that his or her name be placed on a permanent mailing list of
				  the department for the information. The request shall be made in writing to the
				  department office in Lansing and shall be renewed in December of each year.
				  Failure to renew the request is just cause for the department to remove a name
				  from the mailing list.
(2) The
				  written request of an interested person to the department shall clearly
				  identify the name of the person, the person's address, the documents desired,
				  and the geographical drainage area of the state for which information is
				  requested. A separate request shall be made for each of the following
				  geographical drainage areas of the state:
(a)
				  Lake Michigan and tributaries thereto, entire.
(b) Lake Michigan and tributaries thereto,
				  Upper Peninsula.
(c) Lake Michigan
				  and tributaries thereto, Lower Peninsula.
(d) Lake Superior and tributaries
				  thereto.
(e) Lake Huron and
				  tributaries thereto.
(f) Lake Erie
				  and tributaries thereto.
(g) St.
				  Mary's river.
(h) Detroit river,
				  Lake St. Clair, and St. Clair river and tributaries thereto.
Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 21 - WASTEWATER DISCHARGE PERMITS › Section R. 323.2125 - Public notices and fact sheets; notice to other governmental agencies

Current through Vol. 24-12, July 15, 2024
Rule 2125.
(1)
				  Upon receipt of an application for a national permit which identifies an
				  existing or proposed discharge into interstate waters, and when the department
				  determines that the discharge may affect the quality of the waters of any other
				  state, it shall notify the appropriate state or interstate agency of the
				  discharge and shall transmit a copy of the public notice and fact sheet on the
				  application thereto. Upon request of the state or interstate agency, the
				  department shall also transmit a copy of the application and the draft permit
				  prepared pursuant to R 323.2115.
(2) A state or interstate agency notified by
				  the department pursuant to subrule (1) of this rule shall have 45 days in which
				  to comment on the existing or proposed discharge and may submit in writing to
				  the department and the regional administrator its views and recommendations.
				  The views and recommendations submitted to the department by another state or
				  interstate agency may be incorporated into the national permit if determined
				  necessary and desirable by the department. If not incorporated into the
				  national permit, the department shall notify the state or interstate agency in
				  writing and provide an opportunity for hearing, if requested by the state or
				  interstate agency.
(3) When a
				  public notice on a national permit application for discharges into navigable
				  waters is posted or published, the department shall transmit a copy of the
				  notice and fact sheet thereon to the appropriate district engineer of the
				  United States army corps of engineers for existing or proposed discharges
				  identified therein, if such discharges are not minor discharges.
(4) If requested in writing thereby, the
				  department shall mail a copy of a public notice or fact sheet, or both, for an
				  application for a national or state permit, to any other federal, state, or
				  local agency or affected Canadian provincial or federal agencies. The
				  provisions of subrule (2) of this rule with regard to opportunity for comment
				  and hearings apply to the federal, state, or local agencies, or Canadian
				  provincial or federal agencies.