Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Hazardous Waste Management › Part 5 - OPERATING LICENSES › Section R. 299.9510 - Submittal and processing of operating license applications for existing facilities

Current through Vol. 24-12, July 15, 2024
Rule 510.
(1) Any
				  person who requires an operating license for an existing facility under part
				  111 of the act shall complete, sign, and submit, to the director, an
				  application for each license required under R 299.9502, as described in this
				  rule. Persons with interim status currently authorized to operate without a
				  license as provided by R 299.9502 shall apply for operating licenses when
				  required by the director. Procedures for applications, issuance and
				  administration of emergency operating licenses, and research licenses are found
				  exclusively in R 299.9501.
(2) All
				  applicants for operating licenses for existing facilities shall provide the
				  information in R 299.9508 to the director and shall use the application form
				  provided by the director.
(3) The
				  director, or his or her designee, shall not begin the processing of an
				  operating license application for an existing facility until it is complete,
				  except for emergency operating licenses under R 299.9501. An application for an
				  operating license is complete when the director receives an application which
				  includes that information required by R 299.9508. The completeness of any
				  application for an operating license shall be judged independently of the
				  status of any other permit or permit application for the same
				  facility.
(4) When a facility or
				  activity is owned by 1 person, but is operated by another person, it is the
				  operator's duty to obtain an operating license for the existing facility,
				  except that the owner and titleholder of the land shall also sign the license
				  application.
(5) Any hazardous
				  waste treatment, storage, or disposal facility with an effective operating
				  license shall submit a new license application under R 299.9508 not less than
				  180 days before the expiration date of the existing operating license, unless
				  permission for a later date has been granted by the director. The director
				  shall not grant permission for applications to be submitted later than the
				  expiration date of the existing operating license.
(6) The director shall make a final decision
				  on an operating license application for an existing facility within 140 days
				  after the director receives a complete application.
(7) Before making a final decision on an
				  operating license for an existing facility, the director shall, when authorized
				  under the provisions of 40 C.F.R. part 271, complete the public participation
				  process specified in R 299.9511. The director may extend the 140-day deadline
				  of subrule (6) of this rule to complete this process.
(8) Applicants shall keep records of all data
				  used to complete operating license applications for existing facilities and any
				  supplemental information submitted under R 299.9508 for a period of not less
				  than 3 years from the date the application is signed.
(9) The director may separately license
				  treatment, storage, and disposal facility units at the same facility if these
				  units have different owners or operators or if these units have significantly
				  different impacts or potential impacts on public health and the
				  environment.