DEPARTMENT OF ENVIRONMENTAL QUALITY

                      ENVIRONMENTAL ASSISTANCE DIVISION

                              SEWERAGE SYSTEMS

(By authority conferred on the Department of Environmental Quality by section 
4104 of Act No. 451 of the Public Acts of 1994, as amended, section 33 of Act 
No. 306 of the Public Acts of 1969, as amended, and Executive  Reorganization 
Order Nos. 1973-2 and 1973-2a, being SS324.4104, 24.233, and 299.111  of  the 
Michigan Compiled Laws, respectively)


                        PART 1. GENERAL PROVISIONS


R  299.2901   Purpose.
  Rule 1. These rules are promulgated for the purpose  of  implementing   the 
provisions of the act.

  History:  1979 AC.


R 299.2903    Definitions.
  Rule 3. As used in these rules:
  (a) "Act" means 1994 PA 451, MCL 324.101 et seq.
  (b) "Board" means the board of certification authorized by R 299.2916.
  (c) "Certificate" means a document that is issued  by  the  department   to 
a person who meets  specific  qualification   requirements    specified    in 
these rules, qualifying the person as a certified operator.
  (d)  "Department"  means   the   director   of    the     Department     of 
Environmental Quality or his or her designee.
  (e) "Division" means  the  appropriate  division  of  the   department   as 
delegated by the director.
  (f)  "Governmental  agency"   means   a    city,     village,     township, 
county, metropolitan district, other unit of government, or officers  of  the 
entities specified in this subdivision.
  (g) "Operator" means an individual who works in a treatment  facility   and 
who has some responsibility for the operation of the facility.
  (h) "Person" means an individual, partnership,  association,   corporation, 
or any governmental agency.
  (i) "Renewal cycle" means the period of time from the issuance   date    to 
the expiration date stated on a certificate or a replacement certificate.
  (j) "Replacement certificate" means a certificate issued to  an  individual 
who holds  a  valid  certificate  issued  before  the  effective   date    of 
these amendatory rules.
  (k) "Sewerage system" means a sewer system and treatment   facility    that 
are used to collect, transport, and treat domestic and industrial wastes.
  (l) "Sewer system" means  the  pipes,   channels,    conduits,    manholes, 
pumping stations, and appurtenances, collectively  or   severally,   actually 
used  or intended for use by the public  for  the  purpose   of   collecting, 
conveying,  or transporting domestic and industrial  wastes  to  a  treatment 
facility.
  (m) "Superintendent"  means  an  individual  who  is  in  charge   of   and 
responsible for the operation of a treatment facility and in whom  is  vested 
the authority and responsibility  for  the  establishment  and  execution  of 
specific  practices and procedures controlling  the   operations    of    the 
treatment  facility  in accordance with the policies  of  the  owner  of  the 
facility and the department.
  (n)  "Treatment   facility"    means     structures,     equipment,     and 
appurtenances, collectively or severally, actually used or intended  for  use 
by  the  public for the purpose of treating or otherwise  handling   domestic 
and  industrial wastes.
  (o) "Treatment works" means a treatment facility.

  History:  1979 AC; 1999 AACS; 2003 AACS.


R 299.2905     Rescission.
  Rule 5. The following rules are rescinded:
  (a) R 325.461
  (b) R 325.1121 to R 325.1128

  History:  1979 AC; 2003 AACS. 


   PART 2. TREATMENT FACILITY CLASSIFICATION AND OPERATOR CERTIFICATION


R 299.2911    Initial treatment facility classification.
  Rule 11. (1) Except as provided for in subrules (3) and   (4)    of    this 
rule, treatment facilities shall be classified by the department    into    4 
classes, designated as Class A, B, C, or D,  with   Class   A    being    the 
highest.  The classifications shall be based on population served, the   type 
of  treatment facility, the character and volume of wastes to be treated, and 
the  use  and nature of the waters of  the  state  receiving   the   effluent 
thereof.   Treatment  facilities  classified  according  to  the   population 
criteria  in  subrule  (2)   of  this  rule  may  be  placed  in   a   higher 
classification  by  the  department,  by reason of the incorporation  in  the 
treatment facility of special features  of design, or  characteristics   more 
difficult  to  operate  than   usual,   or   by  reasons  of  a  particularly 
difficult type of sewage or by reason  of  particular  stream  conditions  or 
combinations thereof.
  (2) One of the following minimum classifications shall be    assigned    to 
each treatment facility that serves the public:
  (a) Class A,  treatment  facilities  serving  or  designed  to   serve    a 
population of 50,000 or more persons.
  (b) Class B,  treatment  facilities  serving  or  designed  to   serve    a 
population of 10,000 or more, but less than 50,000, persons.
  (c) Class C,  treatment  facilities  serving  or  designed  to   serve    a 
population of 2,000 or more, but less than 10,000, persons.
  (d) Class D,  treatment  facilities  serving  or  designed  to   serve    a 
population of less than 2,000 persons.
  (3) Treatment facilities  utilizing  the   waste    stabilization    lagoon 
process shall be classified by the department into one of the   2   following 
classes, designated as class L2 and L1:
  (a) Class L2, treatment facilities  utilizing  the   waste    stabilization 
lagoon process which include special mechanical devices such  as    aerators, 
chemical precipitation, disinfection, or other factors.  Class L2  shall   be 
considered a higher classification than class L1.
  (b) Class L1, treatment facilities  utilizing  the   waste    stabilization 
lagoon process which do not include special mechanical  devices    such    as 
aerators, chemical precipitation, disinfection, or other factors.
  (4) Treatment facilities that require  minimal  operation   and    control, 
and serve a population of less  than  1000  persons  may  be  classified   by 
the department as  a  special  classification,  designated  as  class  SC.
Such treatment facilities include, but are not limited to, septic  tank   and 
tile field systems, and recirculating sand filters.

  History:  1979 AC; 2003 AACS.


R 299.2912.   Treatment facility classification changes.
  Rule 12. (1) When 1 or more of the conditions described  by   subrule   (2) 
of  this  rule  exist  or  are  imminent,  the  department  may  change   the 
classification of a treatment facility after notice  and   opportunity    for 
hearing  on  the proposed action not  less  than   60   days    before    the 
classification  change.
Hearings conducted by the  department  pursuant  to  this  subrule  shall  be 
undertaken according to hearing procedures prescribed by part 5.
  (2) The department may change the classification of  a  treatment  facility 
upon finding that any of the following or  any  combination   has    occurred 
or  is expected to occur within 60 days:
  (a) The population being served by the treatment facility has changed.
  (b) There  has  been   incorporated   within   the    treatment    facility 
special features of design or characteristics which  render   the   treatment 
facility more difficult to operate.
  (c) Certain wastes are being  treated  within  the    treatment    facility 
that require special treatment facility design or operation procedures.
  (d) Conditions of flow or  use  of  the  receiving  waters    require    an 
unusually high degree of treatment facility operational control.

  History:  1979 AC; 2003 AACS.


R 299.2916.   Board of certification; appointments.
  Rule 16. The department shall appoint a board  of    certification    which 
shall consist of 5 members, of whom 1  shall  be  a   class    A    certified 
operator,  1  shall  be  a  qualified  engineer  registered  in   the   state 
knowledgeable  in  the operation and maintenance of treatment works, 1  shall 
be a  staff  member  of the department, 1 shall be a municipal official,  and 
1 shall be a  member  at large. As the term of a member of  the   board    of 
certification  expires,  the department shall appoint a member to the vacancy
 for  a  3-year  term.   The department may appoint a member to   a   shorter 
term  when  filling  a  vacancy created when a member  vacates  the  position 
before the end of the term.

  History:  1979 AC; 2003 AACS.


R 299.2917    Board of certification; duties and responsibilities.
  Rule 17. (1) The board shall advise the  department  in   the   examination 
of persons applying for certification, as set forth in  R  299.2918(1).   The 
board shall meet at least twice each year at  such  times  and   places    as 
it  may designate. The board shall do all of the following:
  (a)  Advise  the  department  when  it  considers  additional  education or 
experience as adequate substitution for other requirements, as  set  forth in 
R 299.2918(2).
  (b) Advise the department in evaluating applications for  examinations,  as 
set forth in R 299.2920(2).
  (c) Review and provide comment to the department  on  the   substance    of 
the examinations, as set forth in R 299.2922(1).
  (d) Provide recommendations to the department on the issuance   or   denial 
of certificates  following  the  examination  process,  as  set  forth  in  R 
299.2924(1).
  (e) Provide recommendations to the department on the issuance or denial  of 
a certificate  or  a  temporary  certificate  following   the   evaluation of 
certification received from another state, territory, or  possession  of  the 
United States, or any country as set forth in R 299.2924(2) and (3).
  (f) Evaluate  and  approve  or  disapprove  continuing  education  training 
courses, decide their hour value, and categorize them,  as  set  forth  in  R 
299.2925(5).
  (g) Comment to the department regarding probation of a  certified  operator 
or the suspension or revocation of a person's certificate, as  set  forth  in
 R 299.2926.
  (2) Members of the board shall not be compensated, but shall  be   entitled 
to all actual and necessary expenses in the  performance  of  their  official 
duties according to the rates established by the  latest  edition   of    the 
standard travel regulations of the state.
  (3) Three members of the board constitute a quorum.

  History:  1979 AC; 2003 AACS.


R 299.2918    Operator certification; minimum requirements.
  Rule 18. (1) Certification shall require written examination  conducted  by 
the department, with the advice of the board, according  to  1  or  more   of 
the following   classifications   based   upon    minimum    education    and 
experience qualifications:
  (a) Class A.  To  be  eligible  to  write  the  examination  for  a   Class 
A certificate, the applicant shall satisfy all  of  the    requirements    in 
either paragraph (i) or (ii) of this subdivision, as follows:
  (i) The applicant shall comply with all of the following requirements:
  (a) Possess a college  degree  with  sufficient  engineering   or    allied 
subjects to understand  the  mechanics,  electronics,  and  hydraulics  of  a
 complex treatment facility.
  (b) Possess a Class B certificate.
  (c) Have 4 years of acceptable experience in the operation of a   Class   B 
or higher treatment facility, 2  years  of  which  shall  have  been   in   a 
supervisory position or a position of major operational responsibility.
  (ii) The applicant shall comply with all of the following requirements:
  (a) Have completed 2 years of a standard college curriculum in  engineering 
or allied   field   with   sufficient   subjects    to     understand     the 
mechanics, electronics, and hydraulics of a complex treatment facility.
  (b) Possess a Class B certificate.
  (c) Have 6 years of acceptable experience in the operation of a  Class    B 
or higher treatment facility, 2  years  of  which  shall  have  been   in   a 
supervisory position or a position of major operational responsibility.
  (b) Class B.  To  be  eligible  to  write  the  examination  for  a   Class 
B certificate,  the   applicant   shall   comply   with    all     of     the 
following requirements:
  (i) Have completed  1  year   of   college   or   its    equivalent    with 
sufficient subjects to aid  in  the   understanding   of    the    mechanics, 
electronics,  and hydraulics of a treatment facility.
  (ii) Possess a Class C certificate.
  (iii) Have 4 years of  acceptable  experience  in  the  operation   of    a 
treatment facility of Class C or higher,  2  years  of  which   shall    have 
been   in   a  supervisory  position  or  a  position  of  major  operational 
responsibility.
  (c) Class C.  To  be  eligible  to  write  the  examination  for  a   Class 
C certificate,  the   applicant   shall   comply   with    all     of     the 
following requirements:
  (i) Have completed high school or its equivalent.
  (ii) Possess a Class D certificate.
  (iii) Have 2 years of acceptable experience in the operation of a  Class  D 
or higher treatment facility.
  (d) Class D.  To  be  eligible  to  write  the  examination  for  a   Class 
D certificate,  the   applicant   shall   comply   with    both    of     the 
following requirements:
  (i) Have completed high school or its equivalent.
  (ii) Have 1 year of acceptable experience in the operation of a   Class   D 
or higher treatment facility.
  (e) Class L2. To be  eligible  to  write  the  examination  for   a   Class 
L2 certificate,  the  applicant   shall   comply   with    both    of     the 
following requirements:
  (i) Have completed high school or its equivalent.
  (ii) Have 1 year of acceptable experience in the  operation  of   a   Class 
L2 lagoon system.
  (f) Class L1. To be  eligible  to  write  the  examination  for   a   Class 
L1 certificate,  the  applicant   shall   comply   with    both    of     the 
following requirements:
  (i) Have completed high school or its equivalent.
  (ii) Have completed 1 year of acceptable experience in  the  operation   of 
a Class L1 or Class L2 lagoon system.
  (g) Class SC. To be  eligible  to  write  the  examination  for   a   Class 
SC certificate,  the  applicant   shall   comply   with    both    of     the 
following requirements:
  (i) Have completed high school or its equivalent.
  (ii) Have completed 1 year of acceptable experience in  the  operation   of 
a Class SC type facility.
  (2) Additional education or experience of an applicant may  be  substituted 
by the department, with the  advice  of  the   board,   for    meeting    the 
minimum qualifications prescribed in subrule (1) of this rule.

  History:  1979 AC; 2003 AACS.


R 299.2920    Application for Examination.
  Rule 20. (1) The department shall schedule at least 1 examination per year.
The department shall make public the dates for examinations not less than  90 
days before the dates set for the examinations.
  (2) An individual  desiring  to  be  certified  as  in  charge    of    and 
responsible for the operation of a treatment facility  shall  file  with  the 
department, not less than 45 days before an examination date announced by the 
department,  an application for  examination  and  certification  on  a  form 
prepared and provided by the department. The information contained   on   the 
application  shall  be evaluated by the department and the information  shall 
constitute  a  part  of the examination.
  (3) The department shall  notify  the  applicants  of   their    acceptance 
for examination and the time and place of the examination not less  than   15 
days before the date of examination.

  History:  1979 AC; 2003 AACS.


R 299.2922    Examination procedures.
  Rule 22. (1) Examinations for operator certification shall be  prepared  by 
the department,  taking  into  account  board  review  and    comment.    The 
examinations shall include, but not be limited to, the following 3 parts:
  (a) An evaluation of the educational qualifications of the applicant.
  (b) An evaluation of the experience qualifications of the applicant.
  (c) A written examination   on   the   general   subject    of    treatment 
facility operation in any or all of its phases.
  (2) An applicant shall not be admitted to the written  examination   unless 
he or she meets the minimum requirements prescribed in R 299.2918.
  (3) Separate examinations  for  each  class  shall  be  prepared   by   the 
department  to   encompass   basic   differences   in    the    duties    and 
responsibilities  of operators, types of treatment facilities, variations  in 
wastewater  quality, conditions of receiving waters, and such  other  factors
 as  the  department determines.

  History:  1979 AC; 2003 AACS.


R 299.2923    Examinations; grading; notification; repeating exam.
  Rule 23. (1) The minimum passing grade for the written examination is 70%.
  (2) The department or others designated by it shall grade each examination.
  (3) The results of each applicant's  examination  shall  be    mailed    to 
that applicant by the department within 60 days after  the  date    of    the 
written examination.
  (4) Applicants who  fail  to  pass  a  written  examination   may    repeat 
the examination at  any  subsequent,  regularly  scheduled   examination   by 
submitting an application as prescribed by R 299.2920.

  History:  1979 AC; 2003 AACS.


R 299.2924    Operator certificates; issuance.
  Rule 24. (1) Following examination, the department  shall  issue  or   deny 
a certificate for each applicant, taking into account the  recommendation  of 
the board.  Each certificate shall indicate the class of  treatment  facility
 or facilities for  which  the  certified  operator  is  entitled  to  assume 
responsible charge.
  (2) An operator in another state, a territory  or   possession    of    the 
United States, or another country who holds an  operator   certificate    may 
apply  for reciprocity in obtaining a certificate under this part.   When  an 
application for reciprocity is received, the department may do either of  the 
following:
  (a)  Issue  a  certificate  in  a   comparable   classification     without 
examination, if  the  requirements  for  certification  of  operators  under
 which   the certificate  was  issued  are  comparable  to  the  requirements 
prescribed by  this part.
  (b) Issue a temporary  certificate   in   a    comparable    classification 
without examination which shall  expire  at  such  time  as  the   individual 
has  an opportunity to obtain the results from taking the   next    available 
equivalent Michigan certification examination, but shall not be for more than 
18 months.
If the individual fails the equivalent Michigan certification  exam,  he   or 
she is not eligible for any additional temporary certification.
  (3) A certificate, other than a replacement  or   temporary    certificate, 
shall be issued for a period of not less than  36,  nor   more    than    39, 
months.   A certificate that is not renewed shall expire.

  History:  1979 AC; 2003 AACS.


R 299.2925       Replacement     certificates;     renewal      requirements; 
expiration; reinstatement.
  Rule 25. (1) All certificates issued  before  the   effective    date    of 
these amendatory rules expire 1 year after the  effective  date   of    these 
amendatory rules.
  (2) An individual who has been issued a certificate  before  the  effective 
date of these amendatory rules pursuant to the provisions of section 4104  of
 the act; and who submits to the department, within  10  months   after   the 
effective date of these amendatory rules, a completed application on  a  form 
provided by the department, shall be issued a  replacement   certificate   at 
his  or   her  current  classification  by  the  department.   A  replacement 
certificate  may  be issued for a term of not less than 3, nor more than 4 ½, 
years.
  (3) To renew  a  certificate,  a  certified  operator  shall   submit    to 
the department  an  application  for  renewal  on  a  form  provided  by  the 
department.
  (4) A certified operator shall be responsible  for  making  application  to 
renew a certificate regardless of lack of notification by the department.
  (5) The  board  shall  evaluate  and   either   approve    or    disapprove 
continuing education training and  determine   the    continuing    education 
training  hour value.  All continuing  education  training  approved  by  the 
board shall  relate to the duties, responsibilities, operation,  maintenance, 
or supervision of  a sewerage  system.   The  board  shall   categorize   all 
continuing  education training as technical, managerial, or other.
  (6) To renew an A  or  B  certificate,  the  certified    operator    shall 
have completed,  during  the  renewal  cycle,  not  less  than  24  hours  of 
board-approved continuing education training.  Not less than 6 hours  of  the 
training  shall be technical training and not less than 6  hours    of    the 
training  shall  be managerial training.
  (7) To renew a Class C, D,  L2,  or   L1   certificate,    the    certified 
operator shall have completed, during the renewal cycle, not less   than   12 
hours  of board-approved continuing education  training.    For    Class    C 
certification renewal,  no  more  than  6  hours  of   training    in     the 
non-managerial, non-technical  category   may   be   used   to    meet    the 
continuing   education requirement.
  (8) Individuals holding more than 1 certification  need  only   meet    the 
higher continuing education training requirement of the  certifications held.
  (9) Types of continuing  education  training   programs   that    may    be 
approved include, but are not limited to, the following:
  (a) Programs sponsored by any of the following entities:
  (i) Governmental agencies.
  (ii) Professional and trade organizations.
  (b)  Home  study  courses   and   correspondence    courses    that    have 
independent verification of successful completion.
  (c) Technical courses conducted by private contractors.
  (d) University, college, and community college courses.
  (e)  Training  programs  sponsored  by  the  department  and  the   U.S.
Environmental Protection Agency.
  (f) Training sponsored by nationally recognized organizations.
  (10) The  department  shall  issue  renewal  certificates   to    certified 
operators who verify to the department that they have successfully   complied 
with  the continuing education training requirements.
  (11) A certified operator shall keep   his   or   her   own    record    of 
approved continuing  education  training   and   present   proof    of    the 
training  upon application for renewal  and  at  any  time   subsequent    to 
being  issued  a certificate.
  (12) A certified operator who is not eligible for  renewal   pursuant    to 
the provisions of this rule may  apply  for  examination  pursuant   to   the 
provisions of R 299.2920.
  (13) A Class A or  B   certified   operator   who   has   not    met    the 
continuing education training requirements of subrule  (6)  of   this    rule 
may   request  issuance  of  a  Class  C  or  D  certificate  for  which  the 
requirements  have  been met.
  (14) A certified  operator  whose  certificate  has  expired   may    apply 
for examination at the level equal to  or  less  than  the  level   of    the 
valid certificate previously held pursuant to the provisions of R 299.2920.
  (15) The department may reinstate an expired certificate within   1    year 
from the expiration date of the certificate when an individual has  completed
 the necessary continuing education training requirements  as  prorated  from
 the certificate's expiration date.

  History: 2003 AACS.


R 299.2925a   Restricted certificates for existing operators.
  Rule 25a. (1) The owner of a treatment facility reclassified as  a   result 
of these rules shall notify  the  department  of  all   certified   operators 
currently employed by the owner.  Such notification shall be made  within  90 
days  after notification by the department that   the   system    has    been 
reclassified  or within 2 years from the effective date of these rules.
  (a) To the operator or operators identified in subrule (1) of  this    rule 
as holding a Class  L  certificate,  the  department  shall  issue  a   Class 
L1 replacement certificate.
  (b) To the operator or operators identified in subrule (1) of   this   rule 
as holding certificates other than a Class L certificate,   the    department 
shall issue site specific, restricted certification.

  History: 2003 AACS.


R 299.2926    Operator certificates; probation; revocation; suspension.
  Rule 26. (1) Following a review and comment by the board,  the   department 
may place on probation,  suspend,  or   revoke   the   certificate    of    a 
certified operator who is adjudged incompetent or unable to properly  perform 
the duties of certified operator in his or her  classification,  or  who  has
 practiced fraud or falsification, or who has been negligent in the discharge 
of his  or her duties or responsibilities. Notice of suspension or revocation
 shall  be provided, by  the  department,  in  writing  to   the    certified 
operator  and  the owner of the treatment facility.
  (2) The department shall not accept an application for  examination  during 
the time period of suspension for a certified operator whose certificate  has 
been suspended.
  (3) The department may renew a suspended certificate  if   the    applicant 
meets all renewal  requirements.   The  renewal  shall   not    affect    the 
terms  of suspension.
  (4) The department shall not accept an application for   examination   from 
an individual who has had a certificate revoked, for a period of   5    years 
from the effective date of the revocation of the certificate.  After 5 years,
 the department may accept an application submitted by an individual who  has 
had a certificate revoked to write an examination  at  the  level  previously 
held.

  History:  1979 AC; 2003 AACS.


R 299.2927    Appeals.
  Rule 27. (1) A person who is aggrieved by any action under   these   rules, 
or who  wishes  to  appeal  any  other  action  with  respect   to   his   or 
her certification, shall  have  an  opportunity  for  a  hearing  before  the 
department.
  (2) A hearing conducted under this rule shall be  conducted  in  accordance 
with R 299.2971 to R 299.2974.

  History:  1979 AC; 1999 AACS; 2003 AACS.


             PART 3. SEWERAGE SYSTEM PLANS AND SPECIFICATIONS

R 299.2931    Definitions.
  Rule 31. As used in this part:
  (a) "Alteration" means the construction of any modification or  addition to 
an existing  sewerage  system   which   changes   the   process   or   system 
capacity.
  (b) "Construction" means erection or installation of   sewer   systems   or 
treatment facilities, including equipment and  appurtenances,  in  accordance 
with approved plans and specifications.
  (c) "Permit" means a construction permit issued by the  director   of   the 
department for a sewer system or treatment facility pursuant to section  6 of 
the act and these rules.

  History:  1979 AC.


R 299.2933    Submittal of plans and specifications.
  Rule 33. (1) Before the construction or alteration of a sewerage  system or 
portions thereof, plans and specifications therefor shall  be   submitted  to 
the department for review and issuance of a construction permit.
  (2) The plans and specifications shall be submitted by the  owner  of   the 
sewer system or  treatment  facility  or  alteration  thereof   or   by   his 
designated agent. When a person files plans and specifications as an agent of 
an  owner,  the  owner  shall  furnish   the   agent   with   a   letter   of 
authorization for filing the plans  and  specifications,   and   the   letter 
shall identify the plans or project and shall be submitted  with  the   plans 
and specifications.
  (3) Plans and specifications submitted to  the   department   pursuant   to 
subrule (1)  shall  not  be  considered  adequate  unless   prepared   by   a 
professional  engineer  registered  in  the  state,  and   the   plans    and 
specifications shall be properly sealed by the  engineer   as   required   by 
law.
  (4) When the owner of the proposed sewerage system is  not  a  governmental 
agency, the application for a permit shall include a  resolution   from   the 
local  governmental  agency  having   jurisdiction,    stating    that    the 
governmental agency shall assume  responsibility  for   the   effective   and 
continued operation and maintenance of the proposed sewerage  system  if  the 
owner in any way fails to perform in this capacity. A copy of  contractual or 
other arrangements between the  owner  and  the  governmental  agency,  which 
provide for the continuity of service agreement, shall also be  submitted.

  History:  1979 AC.


R 299.2935    Engineering reports; basis of design; minimum  requirements.
  Rule  35.  (1)  Before  submission  of  plans   and   specifications,    an 
engineering report or basis of design, or both, shall be  submitted  to   the 
department for review and approval.
  (2) An engineering report shall be required for   all   proposed   projects 
dealing with construction of treatment facilities and major sewer systems.
The engineer, when preparing the report, shall consider  the   material   set 
forth under section 11, engineering report, of  the   recommended   standards 
for sewage works, wherever applicable to the facility for which the report is 
being prepared.
  (3) A basis of design shall be required for all   proposed   projects   and 
may be included in the engineering  report.  Basis  of   design   forms   for 
treatment facilities and pump stations are  available   from   the   division 
office. The basis of design for sewer systems shall  include,  depending   on 
applicability to the sewer system for which the basis of  design   is   being 
prepared, but not necessarily be limited to, the following:
  (a) A general map of the  service  area  showing  the   location   of   the 
existing and proposed sewer system.
  (b) The service area in acres.
  (c) The present and future  population  densities  per   acre   and   total 
population.
  (d) The present and future per capita sewage  contribution;   average   and 
maximum.
  (e) A description of commercial and industrial waste contributions.
  (f) The present and design flow rates, average and maximum.
  (g) The size of pipe, grade, and, where appropriate, the   size   of   pump 
station, number and capacity of pumps, size and length of  force  main,   and 
point of discharge.
  (h) An analysis of the effect of the proposed additional   flows   on   the 
existing sewerage system.
  (i) A detailed explanation of steps to be taken in case of power failure or 
equipment breakdown, including  a  description  of  special   reserve   units 
available for emergency  treatment,  storage,  or   transportation   of   the 
wastewater.
  (j) An analysis and determination as to the applicability  of  sections   2 
and 5 of Act No. 245 of the Public Acts of 1929, as  amended,  being  SS323.2 
and 323.5 of the Michigan Compiled Laws, and Part 13 of the General  Rules of 
the water resources commission, being R  323.1311  to  R  323.1329   of   the 
Michigan Administrative Code.

  History:  1979 AC.


R 299.2936    Plans and specifications; minimum requirements.
  Rule 36. Information  contained  within  the   plans   and   specifications 
submitted to the department for review and approval pursuant  to  R  299.2933 
shall include, but not necessarily be limited to, the material recommended in 
section 12, plans, and  section  13,  specifications,  of   the   recommended 
standards for sewage works.

  History:  1979 AC.


R 299.2938    Plans and specifications; review by department.
  Rule  38.  (1)  Upon  receipt  of  plans  and   specifications   for    the 
construction or alteration of a sewerage system or   portion   thereof,   the 
department shall review them as soon as  practicable   to   determine   their 
completeness  with  regard  to  the  minimum  requirements  specified   in  R 
299.2936  and  their  acceptability   with   regard   to   accepted    design 
standards for wastewater facilities in this state. In  making   its   review, 
the department shall consider design criteria as set  forth  in   recommended 
standards for sewage works and shall be assured that the  sewerage  system or 
portion thereof is so designed so as  to  protect  the  public   health   and 
prevent unlawful pollution.
  (2) If the department  determines  that  plans   and   specifications   are 
incomplete or are inadequate, it shall notify the owner  or  his   authorized 
agent of the proposed sewerage system or portion thereof,  and  may   request 
the resubmittal thereof with appropriate  corrections   or   additions.   The 
director shall not grant an approval of  plans   and   specifications   until 
they are complete and are judged to be adequate by the department.

  History:  1979 AC.


R 299.2939    Approval of plans and specifications; permits.
  Rule 39. (1) Upon the determination by the department that  the  plans  and 
specifications for a sewerage system or portion thereof  are   complete   and 
satisfactory, the director shall approve them and shall issue  a  permit  for 
construction.
  (2) A permit issued pursuant to the act and these  rules   expires   unless 
construction commences within 2 years from the date of issuance. An  owner of 
a  wastewater  facility  may  apply   for   reissuance   of   a   permit   in 
accordance with R 299.2933.

  History:  1979 AC.


R 299.2941    Permits; conditions for issuance.
  Rule 41. A permit for the construction of a sewerage  system  or   portions 
thereof shall be issued by the director of the department only  when  both of 
the following conditions are met:
  (a) Proper devices are or will be  available  and   are   in   satisfactory 
operation  for  the  collection,  transportation,   and   treatment,   before 
discharge into any public watercourse, lake, drain, ditch, or groundwater, of 
the sewage or wastes collected  or   conveyed   by   such   systems;   or   a 
definite program or agreement satisfactory to the   department   leading   to 
the construction and operation  of  such   collection,   transportation,   or 
treatment devices shall have been officially adopted by  the  applicant   for 
such permit and filed in the offices of the department.
  (b) Where the  plans  and  specifications  for  the  work   for   which   a 
construction permit is requested have been properly  prepared  in  accordance 
with the laws of the state, and have been submitted to   the   director   for 
his examination  and  approval,  and  which  have  been  found   to   be   in 
accordance with good modern practices, and,  if  built   according   to   the 
plans and specifications, are of such nature and design as  to  protect   the 
public health and prevent unlawful pollution.

  History:  1979 AC.


R 299.2942    Revisions to approved plans.
  Rule 42. The director shall approve any deviations from  approved  plans or 
specifications affecting capacity,  flow,  or  operation  of   units   before 
construction of the changes. Plans and specifications so  revised  should  be 
submitted, well in advance of any construction work which will be affected by 
the changes,  to  permit  sufficient  time  for  review  and  approval.
Structural revisions of minor changes not affecting  capacities,  flows,   or 
operation are permitted during construction without  approval.   "As   built" 
plans clearly showing the work as constructed shall be   submitted   to   the 
department at the completion of the work.

  History:  1979 AC.


R 299.2943    Operation during construction.
  Rule  43.  Wherever  possible  bypassing  of   untreated   wastewater    or 
reduction  in  treatment  effectiveness  shall  be   avoided    during    the 
construction of sewer system or treatment facility  alterations.   Prior   to 
commencing construction of the alterations, a program  for   completing   the 
work in a manner which will minimize pollutional effects  on  the   receiving 
water shall be submitted to the department for review and approval.

  History:  1979 AC.


R 299.2945    Availability of documents.
  Rule 45. Recommended standards for sewage works, prepared  by   the   Great 
Lakes-upper Mississippi river board of state  sanitary   engineers   may   be 
inspected at the office of the division during normal  working   hours,   and 
may be obtained from the Health Education Service, Post  Office   Box   7283, 
Albany, New York 12224, at a cost of $1.00.

  History:  1979 AC.


           PART 4. OPERATION AND MAINTENANCE OF SEWERAGE SYSTEMS


R 299.2951    Purpose.
  Rule 51. This  part  prescribes  procedures  and   requirements   for   the 
operation  and  maintenance  of  sewerage  systems   to   ensure   continuous 
protection of the public health, safety, and welfare, the water  resources of 
the state, and the fish, wildlife, and plant life associated therewith.

  History:  1979 AC.


R 299.2952    Operator in charge.
  Rule 52. (1)  An  owner  of  a  treatment  facility   shall   designate   a 
superintendent, who shall be a  properly  certified  operator,   to   be   in 
responsible charge of the day-to-day operation  and   maintenance   of   each 
treatment facility, and shall  notify  the  division  in   writing   of   the 
designation, including the  address  and  telephone   number   thereof.   The 
superintendent shall hold a certificate equivalent to or  higher   than   the 
classification of the treatment  facility.  The  owner   of   the   treatment 
facility may replace the superintendent with   another   properly   certified 
operator at any time, and shall notify the department in  writing  within  10 
days after the replacement.
  (2) During construction of a new treatment facility  and   before   placing 
the facility in operation, the owner shall  employ   a   properly   certified 
operator who shall be in charge when the facility is completed and  placed in 
operation.  This  individual   shall   become   fully   familiar   with   all 
facilities and equipment, and shall train selected  subordinate  employees as 
appropriate both before and following facility start-up.

  History:  1979 AC.


R 299.2953    Monthly operational reports.
  Rule 53. The superintendent of a treatment facility shall  file  with   the 
department each month or at such other intervals  as   the   department   may 
designate, on  forms  prescribed  by  the   department,   operating   reports 
showing the effectiveness of the  treatment  facility   operation   and   the 
quantity and quality of liquid wastes discharged into the   waters   of   the 
state. When the superintendent is not available to file   the   report,   the 
owner of the treatment facility may appoint a substitute  acceptable  to  the 
department to file the report.

  History:  1979 AC.


R 299.2955    Sewerage   system   operation   and   maintenance;   general
  requirements.
  Rule 55. (1) Sewerage systems shall be operated and   maintained   at   all 
times as efficiently as possible and  in  a  manner   which   will   minimize 
upsets and discharges of excessive pollutants.
  (2) The owner of the sewerage system shall provide  an  adequate  operating 
staff which is qualified to carry  out  the   operation,   maintenance,   and 
laboratory testing  functions  required  to  insure   compliance   with   the 
conditions of subrule (1).
  (3) Wherever possible, maintenance of sewerage systems shall not  result in
 degradation  of  effluent   quality.   If   degradation   of   effluent   is 
unavoidable,  maintenance  shall  be  programmed   and    scheduled    during 
noncritical water quality periods and shall be carried  out   in   a   manner 
approved by the department.
  (4) All reasonable measures, including, where appropriate, the provision of 
shutoff valves adjacent   to   storage   tanks,   catchment   areas,   relief 
vessels, or entrapment dikes,  shall  be  taken  for   containment   of   any 
accidental losses of concentrated solutions, acids, alkalies, salts, oils, or 
other polluting materials.

  History:  1979 AC.


R 299.2956    As-built plans and specifications.
  Rule 56. The owner of the sewerage  system  shall   obtain   and   maintain 
reproducible as-built plans and specifications  which   accurately   describe 
the entire sewerage system in its current condition.

  History:  1979 AC.


R 299.2957    Operation and maintenance manual.
  Rule 57. (1) The owner of a treatment facility shall prepare,  or  cause to 
be prepared, an operation  and   maintenance   manual   for   the   treatment 
facility which shall be used by the operator of the facility   as   a   guide 
for facility operation and maintenance.  The  manual   shall   describe   the 
function, start-up, shutdown, and periodic maintenance  procedures  for  each 
unit  process  and  item  of  mechanical  and   electrical   equipment.   The 
appropriate responses or facility adjustments to minimize   the   impact   of 
emergency  situations  shall  be  described  so  as   to   facilitate   rapid 
implementation of a correct response during emergencies.  A   copy   of   the 
operation and maintenance manual shall be submitted to  the  department   for 
its review, approval, and filing 60 days before the date of operation.
  (2) If the department  determines  that  an   operation   and   maintenance 
manual is incomplete or inadequate, it may return the manual to the  owner of 
the treatment  facility   with   its   findings   and   recommendations   and 
request modification thereof. The owner of the   treatment   facility   shall 
modify and resubmit the manual to the department.

  History:  1979 AC.


R 299.2959    Emergency measures, reports to department.
  Rule 59. (1) If a breakdown of a sewerage system or system component or any 
emergency situation results in the diversion from  or  bypass  of  facilities 
necessary for the effective collection, transportation, or treatment  of  the 
wastes and in the discharge of pollutants in excess of those authorized by  a 
discharge permit issued by the department under  the  act,  then  the  system 
owner shall take all necessary measures to correct the breakdown or emergency 
and eliminate or reduce the discharge of excessive pollutants.
  (2) The owner of a sewerage  system  that  discharges,  or  permits  to  be 
discharged, excessive pollutant to the waters of the state as a result  of  a 
facility breakdown or emergency shall notify the division promptly. The owner 
shall supplement the notice by a  written  report  filed  with  the  division 
within 72 hours outlining  the  cause,  its  discovery,  and  the  corrective 
actions taken to minimize adverse impact to the waters of the state,  restore 
facilities  to  operative  condition,  and  eliminate  the  need  for  future 
diversion or bypass.
This rule does not supersede, rescind, or otherwise alter any other  existing 
or future procedure, rule, or statute pertaining to pollution of  the  waters 
of the state.

  History:  1979 AC; 1999 AACS.


R 299.2960    Enforcement.
  Rule 60. A person who violates this part is subject   to   the   procedures 
and penalties prescribed by the act or any other applicable law  or  rules of 
this state.

  History:  1979 AC.


                             PART 5. HEARINGS


R 299.2971    Opportunity for hearings.
  Rule 71. (1) A person who is aggrieved by an action  undertaken  under  the 
act or these rules may file a sworn  petition  with  the  department  setting 
forth the grounds and reasons for his or her  complaint   or    appeal    and 
asking  for  a hearing before the department. The department shall  then  fix 
the time and  place  for the hearing and notify the petitioner  of  the  time 
and place by certified mail. At the hearing, the  petitioner  and  any  other 
interested  party  may  appear,  present  witnesses,  and  submit   evidence.
Following the hearing, the final decision or disposition of the case  by  the 
department is conclusive unless reviewed in accordance with  and  subject  to 
Act No. 306 or the Public  Acts  of  1969,  as amended, being §24.201 et seq.
of the Michigan Compiled Laws, in the circuit court for the county of  Ingham 
or for the county in which the person resides.
  (2) An appearance at a hearing  shall  be  either  in  person,  by  a  duly 
authorized agent, or by counsel.

  History:  1979 AC; 1999 AACS.


R 299.2972    Hearing commissioner.
  Rule 72. (1) The part of a hearing in a contested case in  which  testimony 
and evidence are to be taken may be referred to a hearing commissioner.   The 
hearing commissioner shall be designated and authorized by the department  to 
preside at the hearing.
  (2) The hearing commissioner shall hear the evidence and prepare  a  record 
of the proceedings and a proposal for a decision, including findings of  fact 
and conclusions of law. The hearing commissioner shall file the record of the 
proceedings and proposal for decision at the department offices as  early  as 
possible after completion of the  hearing.  The  hearing  commissioner  shall 
transmit a copy of the proposal for decision  to  the  department  and  shall 
serve a copy, by certified mail, on all other parties to the proceedings.

  History:  1979 AC; 1999 AACS.


R 299.2973    Department files and records; use in connection with hearings.
  Rule 73.  The  department  shall  make  its  files  and  records  that  are 
applicable to hearings conducted under  these  rules,  except  the  materials 
exempted by section 22 of Act No. 306 of the Public Acts of 1969, as amended, 
being §24.222 of the Michigan Compiled Laws, available for inspection  before 
or at the hearings held by  the  department  or  hearing  commissioner.   The 
department’s files and records may be offered at a  hearing  as  evidence  on 
behalf of the department.

  History:  1979 AC; 1999 AACS.


R 299.2974    Department hearings.
  Rule 74. (1) The department shall provide an opportunity for  either  party 
to a contested case to  submit  arguments,  exceptions,  or  appeals  to  the 
department  regarding  a  hearing  commissioner's  report  and  proposal  for 
decision.  A party shall file arguments, exceptions, and appeals in   writing 
and  in  a  timely manner.
To be considered by the department, written briefs  or  exceptions  shall  be 
received at the office of the department in Lansing not later  than  2  weeks 
before  the date set by the  department  for  consideration  of  the  hearing 
commissioner's report.
The department may provide  an  opportunity  for  a  party  to  present  oral 
argument to the department.  The department shall notify all parties  if  the 
department decides to permit oral argument.
  (2) The department shall prepare and serve a  certified  copy  of  a  final 
decision adopted in a contested case by the  department.    The    department 
shall  serve the copy by certified mail on the contesting parties  or   their 
attorneys.   The copy of a final decision shall contain  a  resume   of   the 
facts  and  the  grounds  for decision. 

  History:  1979 AC; 1999 AACS.