DEPARTMENT OF ENVIRONMENTAL QUALITY

                               WATER BUREAU

                         WATER RESOURCES PROTECTION


(By authority  conferred  on  the  department  of  environmental  quality  by 
sections 3103 and 3106 of 1994 PA 451, MCL 324.3103 and 324.3106)

                 PART 21.  WASTEWATER DISCHARGE PERMITS


R 323.2101  Purpose.
  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.
  (2) The promulgation of these rules, in association with  part  31  of  the 
act, provides sufficient authority to the state, upon approval by the  United 
States environmental  protection  agency,  to  issue  permits  for  waste  or 
wastewater discharges under the NPDES  pursuant  to  section  402(b)  of  the 
United States Public Law 92-500 (33 U.S.C. §1251 et seq.).  The department is 
the state agency designated by state law to administer this program.

  History:  1979 AC; 2003 AACS.


R 323.2102  Definitions; A to F.
  Rule 2102.  As used in this part:
  (a) "Act"  means  1994  PA  451,  MCL  324.3101  et  seq.,  and  the  rules 
promulgated under the act.
  (b)  "Animal feeding operation (AFO)" means a lot or facility,  other  than 
an aquatic animal production facility, where the animals, other than  aquatic 
animals, have been, are, or will be stabled or confined and fed or maintained 
for a total of 45 days or more in any 12-month period, and crops, vegetation, 
forage growth, or post-harvest residues  are  not  sustained  in  the  normal 
growing season over any portion of the lot or facility.
  (c)  "Applicant" means a person who applies to the department for  a  state 
or national permit to discharge waste or wastewaters into the waters  of  the 
state by an NPDES application form or a state permit application form.
  (d)  "Application" means either  the  uniform  national  NPDES  application 
form, including subsequent additions, revisions,  or  modifications  thereof, 
promulgated by the administrator of EPA and adopted for use by the department 
or a state permit application form for applying for a permit.
  (e)  "Approved control plan"  means  the  plan  which  is  prepared  by  an 
authorized public agency, which is approved by the department pursuant to the 
provisions of section 9110 of part 91 of the act, and which contains the soil 
erosion and sedimentation control procedures  that  govern  all  construction 
activities normally undertaken by the authorized public agency.
  (f)  "Authorized public agency" means a state, local, or county agency that 
is designated pursuant to the provisions of section 9110 of part  91  of  the 
act to implement soil erosion and  sedimentation  control  requirements  with 
regard to construction activities undertaken by the agency.
  (g)   "Authorized  representative"  means  a   person   who   has   written 
authorization from the construction permittee to sign the notice of  coverage 
in the name of the construction permittee.
  (h)  "Certified storm water operator" means  an  individual  who  has  been 
certified by the department pursuant to the provisions  of  section  3110  of 
part 31 of the act as properly qualified  to  operate  treatment  or  control 
facilities for storm water discharges.
  (i)  "Concentrated animal feeding operation (CAFO)" means an  AFO  that  is 
defined as a large CAFO or a medium  CAFO,  or  that  is  designated  by  the 
department under R 323.2196(3) as a medium CAFO or a small CAFO.  Two or more 
AFOs under common ownership are  considered  to  be  a  single  AFO  for  the 
purposes of determining the number of animals at an operation, if they adjoin 
each other or if they use a common area or system for the disposal of wastes.
  (j)  "CAFO process wastewater" means water directly or indirectly  used  in 
the operation of a CAFO for any of the following:
  (i)  Spillage or overflow from animal or poultry watering systems.
  (ii)  Washing, cleaning, or flushing pens, barns, manure pits, or other AFO 
facilities.
  (iii)  Direct contact swimming, washing, or spray cooling of animals.
  (iv)  Dust control.
  (v)  Any water which comes into contact with, or is a constituent  of,  any 
raw materials, products, or byproducts including manure, litter, feed,  milk, 
eggs, or bedding.
  (k)  "Construction activity" means a man-made earth change  or  disturbance 
in the existing cover or topography of land for which a  national  permit  is 
required pursuant to the provisions of 40 C.F.R. §122.26(a) (2000) and  which 
is any of the following:
  (i)  Five acres or more in size and  defined  as  a  construction  activity 
pursuant to the provisions of 40 C.F.R. §122.26(b)(14)(x) (2000).
  (ii)  One acre or more in size and defined as a small construction activity 
pursuant to the provisions of 40 C.F.R. §122.26(b)(15) (2000).
  (iii)  Less than 1 acre of total land area that is part of a larger  common 
plan of development or sale if the larger common plan will ultimately disturb 
1 acre or more.
  The term includes clearing, grading, and excavating activities.   The  term 
does not include the practices of clearing, plowing,  and  tilling  soil  and 
harvesting for the purpose of crop production.
  (l)  "Construction permittee" means a  person  who  is  deemed  to  have  a 
national permit pursuant to the provisions of R  323.2190  and  who  owns  or 
holds a recorded easement on the property where a  construction  activity  is 
located, is constructing in a public  right-of-way  in  accordance  with  the 
provisions of sections 13, 14, 15, and  16  of  1925  PA  368,  MCL  247.183, 
247.184, 247.185, and  247.186,  or  is  the  authorized  public agency if  a 
construction activity is carried out  by  the  authorized  public agency.
  (m)  "Department" means the director of  the  department  of  environmental 
quality or his or her designee to whom the director delegates a power or duty 
by written instrument.
  (n)  "Discharge" means any direct or indirect discharge of any waste, waste 
effluent, wastewater, pollutant, or any combination thereof into any  of  the 
waters of the state or upon the ground.
  (o)  "Discharger" means any person who discharges, directly or  indirectly, 
any substance defined by section 3109 of part 31 of the act, any  treated  or 
untreated waste, waste effluent, wastewater, or pollutant; or cooling  waters 
into any of the waters of the state or upon the ground.
  (p)  "Draft permit" means a draft of a  permit  which  is  proposed  to  be 
issued by the department, which is prepared by staff of the department before 
public notice of an application for a  permit  by  a  discharger,  and  which 
contains proposed effluent standards  and  limitations,  proposed  compliance 
schedules, and other proposed conditions or restrictions deemed necessary  by 
the department for a discharge.
  (q)  "Effluent standards  and  limitations"  means  all  state  or  federal 
effluent standards and limitations on quantities, rates,  and  concentrations 
of chemical, physical, biological, and other constituents to which a waste or 
wastewater discharge may be subject under the federal act or part 31  of  the 
act, including all of the following:
  (i)  Effluent limitations.
  (ii)  Standards of performance.
  (iii)  Toxic effluent standards and prohibitions.
  (iv)  Pretreatment standards.
  (v)  Schedules of compliance.
  (r)  "EPA" means the United States environmental protection agency.
  (s)  "Fact sheet" means a description of a discharge which is available  to 
the public, which is prepared by the department pursuant to  the  guidelines, 
and which includes all of the following information:
  (i)  Information on the location of the discharge.
  (ii)  Rate or frequency of the discharge.
  (iii)  Components of the discharge.
  (iv)  Proposed determinations of the department regarding the discharge.
  (v)  The location and identification of uses of the receiving waters.
  (vi)  Water quality standards  and  procedures  for  formulation  of  final 
determinations on the discharge by the department.
  (t)  "Federal act" means the federal water pollution control act,  commonly 
referred to as the clean water act, Public Law 92-500, as amended  by  Public 
Law 95-217, Public Law 95-576, Public Law 96-483, Public Law  97-1171,  and   
Public  Law  100-4,  33 U.S.C. §1251 et seq., and the rules  and  regulations 
promulgated thereunder.

  History:  1979 AC; 1985 AACS; 1992 AACS; 2003 AACS; 2005 AACS.


R 323.2103   Definitions; G to O.
  Rule 2103.  As used in this part:
  (a)  "General permit" means a national permit issued authorizing a category 
of similar discharges.
  (b)  "Guidelines," unless otherwise noted,  means  the  federal  guidelines 
promulgated by the USEPA entitled "Part 124 - Procedures for Decisionmaking," 
40 C.F.R. §124 (2004).
  (c)  "Illicit connection" means a physical connection to a  separate  storm 
sewer  that  primarily  conveys  non-storm  water   discharges   other   than 
uncontaminated groundwater into the storm sewer; or a physical connection not 
authorized or permitted by the  local  authority,  where  a  local  authority 
requires authorization or a permit for physical connections.
  (d)  "Illicit discharge"  means  any  discharge  to,  or  seepage  into,  a 
separate storm sewer  that  is  not  composed  entirely  of  storm  water  or 
uncontaminated  groundwater.   Illicit  discharges  include  non-storm  water 
discharges through pipes or other  physical  connections;  dumping  of  motor 
vehicle fluids,  household  hazardous  wastes,  domestic  animal  wastes,  or 
litter; collection and intentional dumping of grass clippings or leaf litter; 
or unauthorized discharges of sewage, industrial waste, restaurant wastes, or 
any other non-storm water waste directly into a separate storm sewer.
  (e)  "Industry" means  a  private  person,  corporation,  firm,  plant,  or 
establishment that directly or indirectly discharges waste or wastewater into 
the waters of the state.
  (f)  "Land application area" specifically for CAFOs means  land  under  the 
control of an AFO owner or operator, whether it is owned, rented, leased,  or 
subject to an access agreement to which production area waste or CAFO process 
wastewater is or may be applied.  Land application  area  includes  land  not 
owned by the AFO owner or operator but the AFO owner or operator has  control 
of the land application of production area waste or CAFO process wastewater.
  (g)  "Large CAFO" is an AFO that stables or confines as  many  as  or  more 
than the numbers of animals specified in any of the following categories:
  (i)  700 mature dairy cows, whether milked or dry.
  (ii)  1,000 veal calves.
  (iii)  1,000 cattle other than mature dairy cows or  veal  calves.   Cattle 
includes heifers, steers, bulls, and cow/calf pairs.
  (iv)  2,500 swine each weighing 55 pounds or more.
  (v)  10,000 swine each weighing less than 55 pounds.
  (vi)  500 horses.
  (vii)  10,000 sheep or lambs.
  (viii)  55,000 turkeys.
  (ix)  30,000 laying hens or broilers, if  the  AFO  uses  a  liquid  manure 
handling system.
  (x)  125,000 chickens (other than laying hens), if the AFO uses other  than 
a liquid manure handling system.
  (xi)  82,000 laying hens, if the  AFO  uses  other  than  a  liquid  manure 
handling system.
  (xii)  30,000 ducks, if the AFO uses other than a  liquid  manure  handling 
system.
  (xiii)  5,000 ducks, if the AFO uses a liquid manure handling system.
  (h)  "Local limit" means a specific prohibition or limit on  discharges  of 
pollutants or pollutant parameters by a nondomestic source to a POTW that are 
set by a POTW in accordance with an approved pretreatment program.
  (i)   "Mailing  list"  means  a  permanent  list  of  persons  who  request 
notification and information on public hearings,  permits,  and  other  NPDES 
forms that is prepared and maintained  by  the  department  pursuant  to  the 
guidelines, these rules, and 1969 PA 306, MCL 24.201 et seq.
  (j)  "Management agency" means  an  area-wide  waste  treatment  management 
agency that is designated by the  governor  pursuant  to  the  provisions  of 
section 208(a) of the federal act.
  (k)  "Manure" includes manure, bedding, compost, and raw materials or other 
materials commingled with manure or set aside for disposal.
  (l)  "Maximum extent practicable" or "MEP"  means  implementation  of  best 
management practices by a public body to comply with an approved storm  water 
management program as required in a national permit for a municipal  separate 
storm  sewer  system,  in  a  manner  that  is  environmentally   beneficial, 
technically feasible, and within the public body's legal authority.
  (m)  "Medium CAFO" is defined as the following:
  (i)  Is an AFO that stables or confines the numbers of animals specified in 
any of the categories listed in subdivision (ii) of this subrule, and any  of 
the following are met:
  (A)  Has been designated by the department as a CAFO under R 323.2196(3).
  (B)  Pollutants are discharged from the production area into waters of  the 
state through a manmade ditch, pipe, tile, swale, flushing system,  or  other 
similar manmade conveyance.
  (C)  Pollutants are discharged directly into waters of the state  from  the 
production area which originate outside of and pass over, across, or  through 
the facility or that otherwise come into  direct  contact  with  the  animals 
confined in the operation.
  (ii)  Includes the following number and type of animals:
  (A)  200 to 699 mature dairy cows, whether milked or dry.
  (B)  300 to 999 veal calves.
  (C)  300 to 999 cattle other than mature dairy cows or veal calves.  Cattle 
includes heifers, steers, bulls, and cow/calf pairs.
  (D)  750 to 2,499 swine each weighing 55 pounds or more.
  (E)  3,000 to 9,999 swine each weighing less than 55 pounds.
  (F)  150 to 499 horses.
  (G)  3,000 to 9,999 sheep or lambs.
  (H)  16,500 to 54,999 turkeys.
  (I)  9,000 to 29,999 laying hens or broilers, if  the  AFO  uses  a  liquid 
manure handling system.
  (J)  37,500 to 124,999 chickens (other than laying hens), if the  AFO  uses 
other than a liquid manure handling system.
  (K)  25,000 to 81,999 laying hens, if the AFO  uses  other  than  a  liquid 
manure handling system.
  (L)  10,000 to 29,999 ducks, if the AFO uses other  than  a  liquid  manure 
handling system.
  (M)  1,500 to 4,999 ducks, if the AFO uses a liquid manure handling system.
  (n)  "Minor discharge" means a discharge of wastewater which  has  a  total 
volume of less than 50,000 gallons on every day of the year, which  does  not 
affect the waters of another state,  and  which  is  not  identified  by  the 
department, the regional administrator, or by the administrator of the USEPA, 
in regulations issued by him or her pursuant to  the  provisions  of  section 
307(a) of the federal act, as a discharge which is  not  a  minor  discharge, 
except that a discharge is not a minor discharge if there is a  discharge  of 
less than 50,000 gallons on any day of the year which represents 1  of  2  or 
more discharges from a single person,  municipality,  or  industry  that,  in 
total, is more than 50,000 gallons on any day of the year.
  (o)  "Municipal separate storm sewer system" or "MS4"  means  all  separate 
storm sewers that are owned or operated by the United States, a state,  city, 
village, township,  county,  district,  association,  or  other  public  body 
created by or pursuant to state law, having  jurisdiction  over  disposal  of 
sewage, industrial wastes, storm water, or other  wastes,  including  special 
districts under state law, such as a sewer district, flood control  district, 
or drainage  district,  or  similar  entity,  or  a  designated  or  approved 
management agency under section 208 of the federal  act  that  discharges  to 
waters of the state.  This term includes systems similar  to  separate  storm 
sewer systems in municipalities, such as systems  at  military  bases,  large 
hospital or prison complexes, and highways and other thoroughfares.  The term 
does not include separate storm  sewers  in  very  discrete  areas,  such  as 
individual buildings.
  (p)  "National permit" means an NPDES permit,  or  equivalent  document  or 
requirements, issued by the department to a discharger pursuant  to  sections 
3106 and 3112 of part 31 of the act for discharges into surface waters.
  (q)  "New source" means a building, structure,  facility,  or  installation 
from which waste, pollutants, or wastewater is or may be discharged into  the 
surface or groundwaters  of  the  state  or  on  the  ground  and  for  which 
construction was commenced after publication of proposed regulations  by  the 
USEPA prescribing a standard of performance pursuant  to  the  provisions  of 
section 306(a) of the federal act that will be applicable to  the  source  if 
the standard is thereafter promulgated in accordance with the  provisions  of 
section 306 of the federal act.
  (r)  "Noncompliance list" means a list of dischargers, which is prepared by 
the department pursuant to these rules and the guidelines for transmittal  to 
the regional administrator, who fail or refuse to comply  with  a  compliance 
schedule in a permit issued pursuant to part 31 of the act.
  (s)  "Nondomestic source" or "source of nondomestic  wastewater"  means  an 
industry,  commercial  establishment,  or  other   entity   that   discharges 
wastewater to a publicly owned treatment works other than, or in addition to, 
water-carried  wastes  from  toilet,  kitchen,  laundry,  bathing,  or  other 
facilities that are used for household purposes.
  (t)  "NPDES" means the  national  pollutant  discharge  elimination  system 
established by the federal act.
  (u)  "NPDES form" means any issued permit and  any  uniform  national  form 
which is used by the department, which is developed for use in the NPDES, and 
which is prescribed in regulations promulgated by the  administrator  of  the 
USEPA, including an NPDES application and a reporting form.
  (v)  "On-site disposal system" means a natural system or mechanical  device 
used to collect, treat and discharge, or reclaim wastewater from  1  or  more 
dwelling units without the use of  community-wide  sewers  or  a  centralized 
treatment facility.

  History:  1979 AC; 1985 AACS; 1992 AACS; 2003 AACS; 2005 AACS; 2006 AACS.


R 323.2104  Definitions; P to W.
  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.
  (d)  "Production area" means that part  of  an  AFO  that  includes  animal 
confinement area, manure storage area, raw materials storage area, and  waste 
containment areas.  The animal confinement area includes  open  lots,  housed 
lots, feedlots, confinement houses,  stall  barns,  free  stall  barns,  milk 
rooms, milking centers,  cow  yards,  barnyards,  medication  pens,  walkers, 
animal walkways, and stables.  The  manure  storage  area  includes  lagoons, 
runoff ponds, storage sheds, stockpiles, under-house or pit storages,  liquid 
impoundments, static piles, and composting piles.  The raw materials  storage 
area includes feed silos, silage bunkers, and bedding materials.   The  waste 
containment  area  includes  settling  basins  and  areas  within  berms  and 
diversions which separate uncontaminated storm water.  Also included  is  any 
egg washing or egg processing facility, and any area  used  in  the  storage, 
handling, treatment, or disposal of mortalities.
  (e)  "Production area waste" means manure and any waste from the production 
area and any precipitation, for example,  rain  or  snow,  which  comes  into 
contact with, or is contaminated by, manure or any of the  components  listed 
in the definition for "production area."   Production  area  waste  does  not 
include water from land application areas.
  (f)  "Public body" means the United States, the state  of  Michigan,  city, 
village, township, county, school district,  public  college  or  university, 
single purpose governmental agency; or any other body  which  is  created  by 
federal or state statute or law.
  (g)  "Publicly owned  treatment  works"  or  "POTW"  means  either  of  the 
following:
  (i)  A facility or facilities which are owned by a governmental entity  and 
which are used or intended to be used for the  collection  and  treatment  of 
municipal wastewater, including sewage, liquid industrial  waste,  and  storm 
water.
  (ii)  The owner  or  owners  of  a  facility  or  facilities  specified  in 
paragraph (i) of this subdivision.
  (h)  "Regional administrator" means the USEPA region V administrator.
  (i)  "Regulated MS4" means an MS4 that  is  required  to  have  a  national 
permit to discharge storm water into surface waters of the state pursuant  to 
R 323.2161(c), (d), (e), or (f).
  (j)  "Regulated pollutants" means all of the following:
  (i)  Pollutants that are limited by categorical pretreatment  standards  as 
defined in R 323.2302(q).
  (ii)  Pollutants for which control  measures  on  nondomestic  sources  are 
necessary to avoid noncompliance with effluent limitations established in the 
POTW's discharge permit.
  (iii)  Pollutants for which control measures  on  nondomestic  sources  are 
necessary to avoid  restricting  the  POTW's  approved  residuals  management 
program.
  (iv)  Pollutants for which control  measures  on  nondomestic  sources  are 
necessary  to  avoid  operational  problems  at  the  treatment  facility  or 
collection system.
  (k)  "Reporting form" means the uniform  NPDES  reporting  form,  including 
subsequent  additions,  revisions,  or  modifications   thereof,   which   is 
promulgated by the administrator of the USEPA and which  is  adopted  by  the 
department for use in administering these rules, or  a  state  form  that  is 
prescribed by the department  for  use  in  administering  these  rules,  for 
reporting  data  and  information  to  the  department  by  a  discharger  on 
monitoring and other conditions of permits.
  (l)  "Runoff coefficient" means the fraction of total  rainfall  that  will 
appear at a conveyance as runoff.
  (m)  "Separate storm sewer system" means a system of  drainage,  including, 
but not limited to,  roads,  catch  basins,  curbs,  gutters,  parking  lots, 
ditches, conduits, pumping devices,  or  man-made  channels,  which  has  the 
following characteristics:
  (i)  The system is not a  combined  sewer  where  storm  water  mixes  with 
sanitary wastes.
  (ii)  The system is not part of a publicly owned treatment works (POTW).
  (n)  "Site" means the area where  a  construction  activity  is  physically 
located or conducted, including adjacent land that is used in connection with 
the construction activity.
  (o)  "Small CAFO" means an AFO that is designated a CAFO by the  department 
under R 323.2196(3) and is not a medium CAFO.
  (p)  "Soil erosion and sedimentation control permit" means a permit that is 
issued pursuant to the provisions of  part  91  of  the  act  by  a  part  91 
permitting entity.
  (q)  "Soil erosion control measures" means the measures  or  procedures  to 
prevent or reduce the pollution of waters of the state that are  required  in 
the soil erosion and  sedimentation  control  permit  for  the  site  or  the 
selected control measures from the approved control plan that are  applicable 
to the site.
  (r)  "Stabilization of earth change activity" means the  proper  placement, 
grading, or covering of soil or rock at a  construction  activity  to  ensure 
subsequent resistance to soil erosion, sliding, or other earth movement.
  (s)  "State permit" means a permit or equivalent document  or  requirements 
that are issued by the department to a discharger who  discharges  wastewater 
on the ground or into groundwaters.
  (t)  "Storm water" means storm water runoff, snow melt runoff, and  surface 
runoff and drainage.
  (u)  "Storm water discharge associated with industrial activity" means  the 
discharge from any conveyance that is used for collecting and conveying storm 
water and that is directly  related  to  manufacturing,  processing,  or  raw 
materials storage areas at an industrial plant.  The term  does  not  include 
discharges from facilities or activities excluded from the  national  permits 
program under 40 C.F.R. §122.3 and §122.27 (2000).   For  the  categories  of 
industries identified in this subdivision, the  term  includes,  but  is  not 
limited to, storm water discharges from all of the following:
  (i)  Industrial plant yards.
  (ii)  Immediate access roads and rail lines used or traveled by carriers of 
raw materials, manufactured products, waste material, or by-products used  or 
created by the facility.
  (iii)  Material handling  sites.   For  the  purposes  of  this  paragraph, 
material  handling  activities  include  storage,  loading   and   unloading, 
transportation, or conveyance of  any  raw  material,  intermediate  product, 
final product, by-product, or waste product.
  (iv)  Refuse sites.
  (v)  Sites used for the application or disposal of process waste waters, as 
defined at 40 C.F.R. §401.11 (2000).
  (vi)  Sites used for the  storage  and  maintenance  of  material  handling 
equipment.
  (vii)  Sites used for residual treatment, storage, or disposal.
  (viii)  Shipping and receiving areas.
  (ix)  Manufacturing buildings.
  (x)   Storage  areas,  including  tank  farms,  for   raw   materials   and 
intermediate and final products.
  (xi)  Areas where industrial activity has  taken  place  in  the  past  and 
significant materials remain and are exposed to storm water.
  (xii)  The term excludes areas located on plant  lands  separate  from  the 
plant's industrial activities, such  as  office  buildings  and  accompanying 
parking lots as long as the drainage from the excluded  areas  is  not  mixed 
with storm water drained from the areas described in this paragraph.
  (xiii)  Industrial facilities include facilities that are federally, state, 
or municipally owned or operated that meet the description of the  facilities 
listed in the following paragraphs and those  facilities  designated  by  the 
department  under  the  provisions  of  R  323.2161(1)(f).    The   following 
categories of  facilities  are  considered  to  be  engaging  in  "industrial 
activity" for purposes of this subdivision:
  (A)  Facilities subject to EPA promulgated storm water effluent limitations 
guidelines, new source performance standards,  or  toxic  pollutant  effluent 
standards, except facilities that have  toxic  pollutant  effluent  standards 
which are exempted under paragraph (J) of this subdivision.
  (B)  Facilities  classified  as  standard  industrial  classifications  24, 
except 2434; 26, except 265 and 267; 28, except 283; 29; 311; 32, except 323; 
33; 3441; and 373.
  (C)   Facilities  classified  as  standard  industrial  classifications  10 
through 14, mineral industry, including active or inactive mining operations, 
except for areas of non-coal  mining  operations  which  were  released  from 
applicable state or federal reclamation requirements after December 17, 1990, 
and oil and gas exploration, production, processing, or treatment operations, 
or transmission facilities that discharge storm water contaminated by contact 
with, or that has come into  contact  with,  any  overburden,  raw  material, 
intermediate products,  finished  products,  byproducts,  or  waste  products 
located on the site of operations.  Inactive  mining  operations  are  mining 
sites which are not being actively mined,  but  which  have  an  identifiable 
owner/operator.  Inactive mining sites do  not  include  sites  where  mining 
claims  are  being  maintained  before  disturbances  associated   with   the 
extraction, beneficiation, or  processing  of  mined  materials  and  do  not 
include sites where minimal activities are undertaken for the sole purpose of 
maintaining a mining claim.
  (D)  Hazardous waste treatment, storage, or disposal facilities,  including 
those that are operating under interim status or a permit under subtitle c of 
the federal resource conservation and recovery act.
  (E)  Landfills, land application sites, and open dumps that receive or have 
received any industrial wastes, waste  that  is  received  from  any  of  the 
facilities described under this subdivision, including those that are subject 
to regulation under subtitle D  of  the  federal  resource  conservation  and 
recovery act.
  (F)  Facilities involved in the recycling  of  materials,  including  metal 
scrap yards, battery reclaimers, salvage  yards,  and  automobile  junkyards, 
which are classified as standard industrial classification 5015 and 5093.
  (G)  Steam electric power generating facilities,  including  coal  handling 
sites.
  (H)   Transportation   facilities   classified   as   standard   industrial 
classifications 40; 41; 42, except 4221 to 25; 43; 44;  45;  and  5171  which 
have vehicle maintenance shops, equipment  cleaning  operations,  or  airport 
deicing operations.  Only those portions of  the  facility  that  are  either 
involved in vehicle maintenance, including vehicle rehabilitation, mechanical 
repairs, painting, fueling, and lubrication; equipment  cleaning  operations, 
airport  deicing  operations,  or  which  are  otherwise   identified   under 
paragraphs (i) to (vii), (ix), or (x) of this subdivision are associated with 
industrial activity.
  (I)  Treatment works treating domestic sewage or any other sewage sludge or 
wastewater treatment device  or  system,  used  in  the  storage,  treatment, 
recycling, and reclamation of municipal or domestic  sewage,  including  land 
dedicated to the disposal  of  sewage  sludge  that  is  located  within  the 
confines of the facility, provided the  system  has  a  design  flow  of  1.0 
million gallons per day or more, or  is  required   to   have   an   approved 
federal pretreatment program under 40 C.F.R., part 403 (2000).  Not  included 
are farm lands, domestic gardens, or lands used for sludge  management  where 
sludge is beneficially reused and which are not  physically  located  in  the 
confines of the facility, or areas that are in compliance with section 405 of 
the federal act.
  (J)  Facilities under standard industrial classifications 20; 21;  22;  23; 
2434; 25; 265; 267; 27; 283; 285; 30; 31, except 311; 323; 34,  except  3441; 
35; 36; 37, except 373; 38; 39; and 4221 to 25.
  (v)  "Total maximum daily load" or "TMDL"  means  a  written,  quantitative 
plan and analysis for attaining and maintaining water  quality  standards  in 
all seasons for a specific water body and pollutant.
  (w)  "Trade secret" means  the  whole  or  any  portion  or  phase  of  any 
manufacturing proprietary process or method which is not patented,  which  is 
secret, which is useful in  compounding  an  article  of  trade  that  has  a 
commercial value, and the secrecy of which the  owner  has  taken  reasonable 
measures to prevent from becoming  available  to  persons  other  than  those 
selected by the owner to have access thereto for  limited  purposes.   "Trade 
secret" shall not be construed, for purposes of these rules, to  include  any 
information relative to the quantum and character of waste products or  their 
constituents discharged or sought to be discharged into waters of this state.
  (x)  "Urbanized area" means a place  and  the  adjacent  densely  populated 
territory that together have  a  minimum  population  of  50,000  people,  as 
defined by the United States bureau of the census and as  determined  by  the 
latest available decennial census.
  (y)  "Urbanizing area" means an  area  of  contiguous  census  blocks  with 
population densities of 1,000 persons or more per square mile  that  together 
have a population of 10,000 people or  more,  as  determined  by  the  latest 
available decennial census.
  (z)  "Vessel" means any contrivance that is used or capable of  being  used 
for navigation upon water, whether or  not  the  contrivance  is  capable  of 
self-propulsion, including any of the following:
  (i)  Foreign and domestic vessels that are engaged  in  commerce  upon  the 
waters of the state.
  (ii)  Passenger or other cargo-carrying vessels.
  (iii)  Privately owned recreational watercraft.
  (iv)  Any other floating craft.
  (aa)  "Waste" means any waste, wastewater,  waste  effluent,  or  pollutant 
that is discharged into water, including any of the following:
  (i)  Dredged spoil.
  (ii)  Solid waste.
  (iii)  Incinerator residue.
  (iv)  Sewage.
  (v)  Garbage.
  (vi)  Sewage sludge.
  (vii)  Munitions.
  (viii)  Chemical wastes.
  (ix)  Biological materials.
  (x)  Radioactive materials.
  (xi)  Heat.
  (xii)  Wrecked or discarded equipment.
  (xiii)  Rock.
  (xiv)  Sand.
  (xv)  Cellar dirt.
  (xvi)  Industrial, municipal, and agricultural waste.
  (bb)  "Wastewater" means liquid waste  discharges  directly  or  indirectly 
into the waters of the state  that  result  from  industrial  and  commercial 
processes and municipal operations, including liquid or water-carried process 
waste, cooling and condensing waters, and sanitary sewage.
  (cc)  "Water quality standards" means the part 4  water  quality  standards 
promulgated pursuant to part 31 of 1994 PA 451, as amended, being R  323.1041 
to 323.1117 of the Michigan administrative code.

  History:  1979 AC; 1985 AACS; 1992 AACS; 2003 AACS; 2005 AACS; 2006 AACS.


R 323.2106  Permit requirements of dischargers.
  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.

  History:  1979 AC; 2003 AACS.


R 323.2108  Permits; application and filing procedures.
  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.

  History:  1979 AC; 2003 AACS; 2005 AACS; 2006 AACS.


R 323.2109  Permits; application exemptions.
  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.

  History:  1979 AC; 1992 AACS; 2003 AACS; 2005 AACS.


R 323.2111  Rescinded.

  History:  1979 AC; 2003 AACS.


R 323.2112  Permit applications; deficiencies; additional data requirements.
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.

  History:  1979 AC; 2003 AACS.


R 323.2114  Permit applications and other NPDES forms; valid signatories.
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.

  History:  1979 AC; 2003 AACS.


R 323.2115  Permits; tentative determinations and draft permits.
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.
  (3) The department shall prepare a draft permit based  upon  the  tentative 
determinations made pursuant to subrules (1) and (2) of  this  rule  for  the 
national or state permit application.  The draft permit shall  be  mailed  to 
the applicant and, in  the  case  of  a  national  permit,  to  the  regional 
administrator before public notice of the application.

  History:  1979 AC; 2003 AACS.


R 323.2117    Public   notice   of   permit   application   and   preliminary 
determinations.
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.
  (2) A copy of the notice shall be transmitted to the permit  applicant  and 
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 make a written request for a copy of  the  notice  which  will  be 
mailed to him or her.

  History:  1979 AC; 2003 AACS.


R 323.2118  Public notice; contents and information.
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.

  History:  1979 AC; 2003 AACS.


R 323.2119  Public notice; comment period for interested persons.
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.

  History:  1979 AC; 2003 AACS.


R 323.2121  Fact sheets on permit applications.
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.

  History:  1979 AC; 2003 AACS.



R 323.2122  Fact sheets on permit applications; contents and information.
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.
  (c) The preliminary determinations made by the  department  on  the  permit 
application pursuant to R 323.2115.
  (d) A concise citation of water quality standards, effluent limitations and 
standards, and mixing zones, if applicable, to be applied to  the  discharge, 
and the uses for which the receiving waters have been classified.
  (e) A complete description of the procedures  used  by  the  department  to 
formulate final determinations on the application and  existing  or  proposed 
discharges, including  the  30-day  comment  period  on  the  public  notice, 
procedures for requesting a public hearing on the application pursuant  to  R 
323.2130 and other procedures to facilitate public comment and  participation 
in the formulation of final determinations by the department.

  History:  1979 AC; 2003 AACS.


R 323.2124  Public notices and fact sheets; mailing lists.
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.

  History:  1979 AC; 2003 AACS.


R 323.2125  Public notices and fact  sheets;  notice  to  other  governmental 
agencies.
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.

  History:  1979 AC; 2003 AACS.


R 323.2126  Rescinded.

  History:  1979 AC; 2003 AACS.


R 323.2127  Public access to NPDES forms and department files and records.
Rule 2127. A copy of a state or national permit application,  public  notice, 
fact sheet, draft permit, and other NPDES forms relating  thereto,  including 
written public comment thereon, and other  reports,  files,  and  information 
relating to the application not classified as confidential information by the 
department pursuant to R 323.2128 shall be available  for  public  inspection 
and copying during normal business hours at the department office in  Lansing 
and an appropriate district office of the department in the geographical area 
of the applicant.   Document  inspection  and  copying  procedures  shall  be 
according to R 323.1015.

  History:  1979 AC; 2003 AACS.


R 323.2128  Confidential information.
Rule 2128.  Upon determination by the department that  public  disclosure  of 
information contained  on  any  NPDES  form,  except  information  concerning 
effluent data or information from the files and records of the department not 
otherwise entitled to protection against disclosure by previous action of the 
department or of EPA, would divulge information  entitled  to  protection  as 
trade secrets of the applicant, the  department  shall  label  and  otherwise 
handle the information as confidential, and  shall  notify  and  forward  the 
information to the regional administrator.  In making  its  determination  of 
entitlement to protection as a trade secret, the  department  shall  consider 
evidence submitted by the applicant.  If the department denies entitlement to 
protection as a trade secret, the applicant, upon notification thereof, shall 
have 30 days in which to appeal the  decision  to  the  department.   If  the 
department determines, following appeal, that the information is not entitled 
to trade secret status, then the department, not less than 30 days after  the 
applicant is notified of the decision,  shall  release  the  information  for 
inspection or copying pursuant to  R  323.2127.   Where  EPA  has  previously 
accorded trade secret status to information of an applicant,  the  department 
shall accept that finding as entitlement  to  trade  secret  status  for  the 
purpose  of  this  rule.   Unless  otherwise  determined  by   the   regional 
administrator or the department, all information labeled by the department as 
confidential shall not be available to the public for inspection  or  copying 
pursuant to R 323.2127, except that the information shall be  made  available 
at any time to the regional administrator or other authorized  representative 
of the United States concerned with carrying out part 31 of the  act  or  the 
federal act, upon written request therefore.

  History:  1979 AC; 2003 AACS.


R 323.2130   Permit  applications;  public  hearings,   determinations,   and 
scheduling.
Rule 2130. (1) Within the 30-day comment period or other  applicable  comment 
period provided after posting or publishing of a public notice pursuant to  R 
323.2119, an applicant, any affected state or state or interstate  agency  or 
country, the regional administrator, or any other interested person or agency 
may file  a  petition  with  the  department  for  a  public  hearing  on  an 
application for a state or national permit.  A petition for a public  hearing 
shall indicate the reasons why a hearing is requested,  the  interest  in  or 
relationship of the petitioner to the application  or  existing  or  proposed 
discharge identified therein, and specifically indicate which portions of the 
application or other NPDES form or information constitutes  necessity  for  a 
public hearing.  If the department determines  that  a  petition  constitutes 
sufficient  cause  or  that  there  is  sufficient  public  interest  in   an 
application for a public hearing, it may direct the scheduling of  a  hearing 
thereon.
  (2) A hearing shall be scheduled not less than 4  weeks  nor  more  than  8 
weeks after the department determines the necessity of  the  hearing  in  the 
geographical  location  of  the  applicant  or,  at  the  discretion  of  the 
department, at another appropriate location, and shall be  noticed  not  less 
than 30 days before the hearing in the same manner as the public notice on an 
application pursuant to R 323.2117 and R  323.2118.   The  notice  of  public 
hearing shall be transmitted to the applicant and shall be  published  in  at 
least 1 newspaper of general circulation in  the  geographical  area  of  the 
existing or proposed discharge identified on the permit application and shall 
be mailed to any person or group upon request  therefore.   Notice  shall  be 
mailed to all persons and governmental agencies which received a copy of  the 
notice or the fact sheet for the permit application.
  (3) The department may hold a single public hearing on  related  groups  of 
permit applications.

  History:  1979 AC; 2003 AACS.


R 323.2131  Permit applications; public hearing notice; contents.
Rule 2131. A notice by the department of a public hearing on  an  application 
shall contain, in addition to the time and place of the hearing, all  of  the 
following information:
  (a) The address and telephone number of the department office  in  Lansing, 
and the appropriate district office of the department.
  (b) The name and  address  of  the  applicant  whose  application  will  be 
considered at the public hearing.
  (c) The name of the waterway to which a discharge,  as  identified  on  the 
application, is or will be made, and a concise description of the location on 
the waterway of the discharge.
  (d)  Reference  to  the  public  notice  posted  and  published   for   the 
application, including the  identification  numbers  and  dates  of  issuance 
thereof.
  (e) A brief statement of the purpose of the public hearing.
  (f) A concise description of the issues which have been identified  by  the 
petitioners requesting the public hearing.
  (g) The address or addresses of department offices where interested persons 
may inspect or obtain  copies  of  a  draft  permit,  fact  sheet,  or  other 
applicable NPDES forms or other reports, files, or information relating to an 
application subject to public hearing, if the documents have not been labeled 
confidential by the department pursuant to R 323.2128.
  (h) A concise description of the nature  of  the  public  hearing  and  the 
issues to be heard, with reference to department rules and procedures  to  be 
followed.

  History:  1979 AC; 2003 AACS.


R 323.2133  Permit applications; determinations; issuance; denial.
Rule 2133. (1) After review  of  tentative  determinations  or  modifications 
thereof made by the staff of the  department  pursuant  to  R  323.2115,  any 
comments on the permit  application  received  by  the  department  from  the 
regional administrator pursuant to R 323.2112,  comments  received  from  the 
public during the 30-day comment period following public notice of the permit 
application as provided by R 323.2117, or other applicable recommendations or 
determinations, and review of the public hearing record after a hearing on an 
application pursuant to  R  323.2130,  the  department  shall  make  a  final 
determination on the permit application and may issue  or  deny  a  state  or 
national permit pursuant to section 3106 of part 31 of the act.
  (2) An appeal to a final determination of the department made  pursuant  to 
subrule (1) of this rule, or to a condition of a permit issued, or the denial 
of a permit pursuant to part 31  of  the  act  and  the  rules  shall  be  in 
accordance with and subject to section 3113 of part 31 of the act.
  (3) When the department issues a state or national permit to  a  discharger 
in possession of an order of determination or stipulation of  the  department 
issued or entered into before April 15, 1973, the state  or  national  permit 
conditions shall  take  precedence  over  all  conditions  of  the  order  of 
determination  or  stipulation.   If  the department denies the issuance of a 
state or national permit to a   discharger  in  possession  of  an  order  of 
determination  or  stipulation  of  the   department,  compliance  with   the 
conditions of the order of determination  or  stipulation is not a defense of 
the discharger's obligation as prescribed by part  31  of the act.
  (4) A national permit issued by the department pursuant to part 31  of  the 
act and these rules is a state permit where the permit is issued for waste or 
wastewater discharges into the surface waters of the state.  A  state  permit 
issued for a waste or wastewater discharge into groundwaters or on the ground 
is not a national permit required pursuant to the federal act.

  History:  1979 AC; 2003 AACS.


R 323.2134  Permits; transmittal to EPA.
Rule 2134. The department shall  transmit  all  copies  of  national  permits 
issued by the department pursuant to part 31 of the act and  these  rules  to 
the regional administrator immediately following issuance.  If  a  permit  is 
denied, written notice thereof and the reasons therefore shall be transmitted 
to the regional administrator.

  History:  1979 AC; 2003 AACS.


R 323.2136  Terms and conditions of permits; prohibited discharges.
Rule 2136. (1) A permit shall not be issued to a person proposing any of  the 
following discharges:
  (a) A discharge containing a radiological, chemical, or biological  warfare 
agent, or a high-level radioactive waste.
  (b) A discharge containing a  substance  which  the  department  determines 
would substantially impair anchorage, or navigation, or both.
  (c) A point source discharge in conflict with an areawide  waste  treatment 
management plan or  amendments  thereto,  prepared  by  a  management  agency 
pursuant to section 208(b) of the federal act, unless  the  department  finds 
the variance necessary to protect the public health, safety, and welfare.
  (2) An NPDES permit will not be issued to a person  proposing  any  of  the 
following discharges into waters subject to regulation under the federal act:
  (a) A discharge containing a radiological, chemical, or biological  warfare 
agent, or a high-level radioactive waste.
  (b) A  discharge  containing  a  substance  which,  as  determined  by  the 
secretary of the army acting through the chief of  engineers  of  the  United 
States army corps of engineers,  would  substantially  impair  anchorage,  or 
navigation, or both.
  (c) A discharge to which the regional administrator objects in  writing  to 
the department pursuant to R  323.2112,  pursuant  to  any  right  to  object 
provided the administrator of EPA in section 402(d) of the federal act.
  (d) A point source discharge in conflict with an areawide  waste  treatment 
management plan, or amendments  thereto,  prepared  by  a  management  agency 
pursuant to section 208(b) of the federal act unless  otherwise  approved  by 
EPA.

  History:  1979 AC; 2003 AACS.


R 323.2137   Terms  and  conditions  of  permits;  effluent   standards   and 
limitations.
Rule 2137. When applicable, a permit issued by the department  shall  contain 
terms and conditions deemed necessary by the department to ensure  compliance 
with at least the following effluent standards and limitations:
  (a) Effluent limitations for publicly owned treatment works and other point 
source discharges when promulgated by the administrator of  EPA  pursuant  to 
sections 301, 302, 307, and 308 of the federal act, in  accordance  with  and 
subject to the date of compliance prescribed therein, if the limitations  are 
not in conflict with part 31 of the act or the federal act.
  (b) Standards of performance, when promulgated by the administrator of EPA, 
for new sources within the categories defined in section 306 of  the  federal 
act.
  (c) If the permit is for a discharge from a publicly owned treatment works, 
standards of performance, pretreatment standards or effluent  limitations  or 
prohibitions  when  promulgated  by  the  administrator  of  EPA  for   toxic 
substances, monitoring, and charges pursuant to sections 204(b), 307, and 308 
of the federal act, if the standards, limitations, or prohibitions are not in 
conflict with part 31 of the act or the federal act.
  (d) Any other more stringent limitation deemed necessary by the  department 
to meet applicable water quality standards, treatment standards, or schedules 
of compliance established pursuant to part 31 of the act or rules promulgated 
pursuant thereto, or necessary  to  meet  other  federal  law  or  regulation 
enacted or promulgated subsequent to these rules, or  required  to  meet  any 
applicable  water  quality  standards,  including   applicable   requirements 
necessary to meet maximum daily loads established by  and  incorporated  into 
the state's continuing planning process required pursuant to section  303  of 
the federal act.

  History:  1979 AC; 2003 AACS.


R 323.2138  Terms and conditions of permits; consistency with  water  quality 
standards.
Rule 2138. When a state or national permit is issued by the department  which 
contains any effluent standards or limitations set forth in R  323.2137,  the 
department shall verify that the discharge authorized by  the  issued  permit 
will not violate applicable water quality standards.  When a permit  contains 
additional  effluent  limitations  based  upon   applicable   water   quality 
standards, the department shall prepare a wasteload allocation ensuring  that 
the discharge authorized by the issued permit is consistent  with  applicable 
water quality standards.

  History: 1979 AC; 2003 AACS.


R 323.2139  Terms and conditions of  permits;  requirements  to  comply  with 
plans.
Rule 2139. The department, if it deems  necessary,  may  impose  any  further 
requirements under the terms and conditions of a state or national permit  to 
comply with an  areawide  waste  treatment  management  plan,  or  amendments 
thereto, prepared by a management agency pursuant to section  208(b)  of  the 
federal act.

  History:  1979 AC; 2003 AACS.


R 323.2140  Terms and conditions of permits; interim requirements.
Rule 2140. Before promulgation of regulations by  the  administrator  of  EPA 
relating to applicable effluent standards or  limitations,  or  standards  of 
performance set forth in R 323.2137, the department may impose any  standard, 
limitation, or   condition  within  a  state  or  federal  permit  to  ensure 
compliance with part 31 of the act and the federal act.

  History:  1979 AC; 2003 AACS.


R 323.2141  Terms and conditions of permits; discharges from vessels.
Rule 2141. (1) If a national permit is issued pursuant to part 31 of the  act 
and these rules for the discharge of wastes from a vessel  other  than  human 
sewage exempted by R 323.2109,  the  permit  shall  contain  requirements  in 
accordance with and subject to the applicable regulations promulgated by  the 
secretary of the federal department in which the United States coast guard is 
operating,  which  establish  specifications  for  transportation,  handling, 
carriage, storage, and stowage of such wastes.
  (2) The department shall issue a  national  permit  for  the  discharge  of 
wastes from a vessel only when the permit is in conformance with part  95  of 
the act.

  History:  1979 AC; 2003 AACS.


R 323.2142   Terms  and  conditions  of  permits;   other   limitations   and 
requirements.
Rule 2142. When issuing a state or national permit pursuant to part 31 of the 
act and these rules, the department shall specify therein, where  applicable, 
average  and  maximum  daily  quantitative  limitations  for  the  level   of 
wastewater constituents in terms of weight and, if  appropriate,  average  or 
maximum concentration limits for the wastes in the  discharge  authorized  by 
the issued permit.

  History:  1979 AC; 2003 AACS.


R 323.2145  Terms and conditions of permits; schedules of compliance.
Rule 2145. (1) A person issued a state or national permit by  the  department 
pursuant to R 323.2133 who is not  in  compliance  with  applicable  effluent 
standards and limitations or other requirements conditioned  therein  at  the 
time the permit is issued shall achieve compliance within a period of time as 
set forth by the department, with effluent standards  and  limitations,  with 
water quality standards, or with specific requirements or conditions  set  by 
the department.  The department  shall  require  compliance  with  terms  and 
conditions of the permit  in  the  shortest  reasonable  period  of  time  as 
determined thereby, or within a time schedule for compliance which  shall  be 
specified in the issued permit.
  (2) If a time schedule for compliance specified  in  a  state  or  national 
permit which is established by the department pursuant to subrule (1) of this 
rule is more than 9 months, then the time schedule shall provide for  interim 
dates of  achievement  for  compliance  with  certain  applicable  terms  and 
conditions of the permit.  Each interim date specified in  the  permit  shall 
not be more than 9 months and, to the extent practicable, shall fall on March 
31, June 30, September 30, or December 31.

  History:  1979 AC; 2003 AACS.


R 323.2146   Terms  and  conditions  of  permits;   compliance   reports   by 
dischargers.
  Rule 2146. Within 14 days after an interim date of  compliance    or    the 
final date of compliance specified in a state or national permit, a permittee 
shall provide the  department  with  written   notice   of   his    or    her 
compliance  or noncompliance with the requirements or conditions specified to
 be  completed by that date.  Failure to submit the  written  notice  to  the 
department is just cause for the  department  to  pursue  enforcement  action 
against the  discharger pursuant to part 31 of the act or these rules.

  History:  1979 AC; 2003 AACS.


R 323.2147  Noncompliance lists.
Rule 2147. (1) The department  shall  prepare  and  submit  to  the  regional 
administrator, on or before February 28, May 31, August 31, and November  30, 
a list of all dischargers holding national  permits  which,  as  of  30  days 
before the date of the report, have submitted  a  report  to  the  department 
pursuant to R 323.2146 showing noncompliance with requirements set  forth  by 
the department to be met on interim dates or on the final date of  compliance 
specified in the permit and those which have not filed a timely report.   The 
noncompliance list shall be available to the public at appropriate department 
offices for inspection and copying, and shall contain all  of  the  following 
information:
  (a) The name and address of each noncomplying permittee.
  (b) A concise description of the nature of noncompliance.
  (c) A description of proposed actions to be taken by the department or  the 
permittee to correct the noncompliance.
  (d) Any other information deemed necessary by the department to explain  or 
mitigate an instance of noncompliance.
  (2) A discharger who fails or refuses to comply with an  interim  or  final 
date of compliance specified in a state or national permit may be  deemed  by 
the department to be in violation  of  the  permit  and  may  be  subject  to 
enforcement action prescribed in part 31 of the act or these rules.

  History:  1979 AC; 2003 AACS.


R 323.2149  Other terms and conditions of state and national permits.
Rule 2149. (1) As part of the condition  for  issuing  a  state  or  national 
permit by the department pursuant to these rules, a discharger  shall  assure 
the department of all of the following:
  (a) All discharges authorized by the permit are consistent with  the  terms 
and conditions of the permit and that the permittee will make all  reasonable 
effort to meet any interim or final dates  of  compliance  specified  in  the 
permit.
  (b) Any facility expansion, production  increases,  process  modifications, 
changes in discharge volume, or other changes in operations or conditions  of 
the permittee which may result in a new or increased discharge  of  waste  or 
wastewater shall be reported  to  the  department  by  submission  of  a  new 
application for a state or national permit pursuant to R 323.2108,   or    if 
the  discharge  does  not  violate  effluent  limitations  specified  in  the 
permit, by submission to the department of notice of   a   new  or  increased 
discharge.
  (c) The permittee shall allow any authorized department  representative  to 
enter upon the permittee's premises at any reasonable time, upon presentation 
of credentials, to have access to and copy any applicable records, to inspect 
process  facilities,  treatment  works,  monitoring  methods   or   equipment 
therefore, or to sample any effluent of a discharge authorized by a permit.
  (d) At all times the permittee shall maintain in  good  working  order  and 
operate as efficiently as possible  any  facilities  or  systems  of  control 
installed to achieve compliance with the terms and conditions of a permit.
  (2) Before the department issues a state or national permit for a discharge 
from the publicly owned treatment works, it shall secure assurance  from  the 
applicant that it will be notified of all of the following:
  (a) Any new introduction of  waste  or  wastewater  constituents  into  the 
treatment works from a source which would be  a  new  source  as  defined  in 
section 306 of the federal act if  the  source  were  discharging  wastewater 
constituents.
  (b) Except as to categories and classes  of  point  sources  or  discharges 
specified by the department, any new  introduction  of  waste  or  wastewater 
constituents into the treatment works from a source which would be subject to 
section 301 of the federal act  if  the  source  were  discharging  waste  or 
wastewater constituents.
  (c) Any substantial change in volume or character of  waste  or  wastewater 
constituents  being  introduced  into  such  treatment  works  by  a   source 
discharging wastewater into the treatment works at the time of issuance of  a 
permit.
  (3) If a permit is issued by the department for a discharge from a publicly 
owned treatment works, the permittee shall require any industrial user of the 
treatment works to comply with the requirements of sections 204(b), 307,  and 
308 of the federal act.  To ensure compliance, a permittee shall  require  of 
each industrial user subject to  the  requirements  of  section  307  of  the 
federal act to submit periodic notice over intervals,  of  not  more  than  9 
months, of progress toward full compliance with section  307  requirements.
The permittee shall forward a copy of the periodic notice to the department.

  History:  1979 AC; 2003 AACS.


R 323.2150  Duration of permits.
Rule 2150. A state or national permit issued pursuant to part 31 of  the  act 
and these rules shall have a fixed term which shall not be more than 5 years.
 A person who wishes to continue to discharge waste or  wastewater  into  the 
surface or groundwaters of the  state  or  on  the  ground  shall  apply  for 
reissuance of a permit pursuant to R 323.2151.

  History:  1979 AC; 2003 AACS.


R 323.2151  Review and reissuance of state and national permits.
Rule 2151. (1) Not less than 180 days before the expiration date of  a  state 
or national permit issued by the department pursuant to part 31  of  the  act 
and these rules, a permittee who wishes to continue the discharge of waste or 
wastewaters into the surface or groundwaters of the state or  on  the  ground 
shall submit a written request to the department for reissuance.
  (2) After receipt of written request for reissuance of a state or  national 
permit by a permittee, the department shall review the  request,  and  before 
reissuing a permit shall be assured by the permittee of all of the following:
  (a) The permittee is in compliance with or has substantially complied  with 
the terms, conditions, requirements,  and  schedules  of  compliance  of  the 
existing state or national permit.
  (b) The department has up-to-date information on the permittee's production 
levels, waste treatment practices, and the nature, contents, and frequency of 
the permittee's  discharge.   The  information  shall  be  available  to  the 
department either through the submission of new NPDES forms by the  permittee 
or by means of monitoring records or reports submitted thereto pursuant to  R 
323.2155.
  (c) The discharge is consistent  with  applicable  effluent  standards  and 
limitations,  water  quality  standards,   and   other   legally   applicable 
requirements, including any additions to, or revisions or  modifications  of, 
the effluent standards and limitations, water  quality  standards,  or  other 
legally applicable requirements during the term of the permit.
  (3) The department shall follow the public notice and public  participation 
procedures specified in R 323.2117 to R 323.2119 and R 323.2124 to R 323.2127 
before any state or national permit is reissued pursuant to this rule.
  (4) A copy of a  national  permit  reissued  by  the  department  shall  be 
transmitted to the regional administrator with any  other  appropriate  NPDES 
forms or other applicable information relating thereto.

  History:  1979 AC; 2003 AACS.


R 323.2153  Point source discharges; standards of performance.
Rule 2153. A facility, building, installation, or industry which discharges a 
point source  discharge  subject  to  a  national  permit  and  which  is  so 
constructed after October 18, 1972, to meet all applicable effluent standards 
of performance as required by the federal act, part 31 of the act,  or  these 
rules, shall not be subject to any more stringent standard of performance for 
any wastewater constituent during a 10-year period beginning on the  date  of 
completion  of  construction,  or  during  the  period  of  depreciation   or 
amortization of the facility for the purposes of  section  167,  or  169,  or 
both, of the internal revenue code of 1954, 26 U.S.C. §167 or 169,  whichever 
period ends first,  unless  reallocation  of effluent loads are  necessitated 
in a discharge complex to meet water  quality standards.

  History:  1979 AC; 2003 AACS.


R 323.2154  Monitoring of discharges authorized by permits; requirements.
Rule 2154. (1) The department may set forth monitoring  requirements  of  any 
discharge authorized by a state or national permit issued by it  pursuant  to 
these rules.  In requiring any discharge  monitoring,  the  department  shall 
specify the type of monitoring required,  and  the  discharger  shall  obtain 
approval of the installation, use, and maintenance of monitoring equipment or 
methods to be employed therefore from the department.
  (2) A  discharge  authorized  by  a  national  permit  which  the  regional 
administrator, by written request to the department, requires to be monitored 
or which contains  toxic  waste  or  wastewater  constituents  for  which  an 
effluent standard or limitation has been established by the administrator  of 
EPA pursuant to section 307(a) of the federal act, shall be monitored by  the 
permittee for any or all of the following:
  (a) The flow of the discharge in gallons per day or other volumes  required 
by the department.
  (b) Waste or wastewater constituents subject to  reduction  or  elimination 
under the terms and conditions of the permit.
  (c) Specific waste or wastewater constituents which are determined  by  the 
department to have a significant effect on the quality of the waters  of  the 
state.
  (d) Waste or wastewater constituents specified as subject to monitoring  by 
the administrator of EPA in regulations promulgated pursuant to  the  federal 
act.
  (e) Any other specific waste or wastewater constituents which the  regional 
administrator may request in writing to be monitored.
  (3) The frequency of monitoring of a waste or wastewater discharge required 
to be monitored pursuant to this rule  shall  be  specified  in  a  state  or 
national permit when issued, except that  the  department  at  any  time  may 
require additional monitoring by notification of the permittee in writing.

  History:  1979 AC; 2003 AACS.


R 323.2155  Monitoring of discharges authorized  by  permits;  recording  and 
reporting.
Rule 2155. (1)  A  permittee  required  to  monitor  a  waste  or  wastewater 
discharge pursuant to R 323.2154, shall maintain records of  all  information 
resulting from such monitoring,  including  the  date,  place,  and  time  of 
sampling; dates analyses were performed; the person performing the  analyses; 
the analytical techniques, procedures, or methods used; and  the  results  of 
the  analyses.   All  records  and  results  of  monitoring  activities,  and 
calibration and maintenance records shall be  retained  by  the  permittee  a 
minimum of 3 years unless otherwise required or extended by the department or 
the regional administrator.
  (2) The department may require  a  permittee  to  report  periodically  the 
results of all monitoring activities undertaken on an  appropriate  reporting 
form supplied by the department.  The department shall notify  the  permittee 
of the frequency of reporting, but the reporting frequency shall not be  less 
than at least once in a period of 1 year.
  (3) Upon written request of  the  regional  administrator,  the  department 
shall transmit thereto any reporting form  or  other  monitoring  information 
required by this rule.

  History:  1979 AC; 2003 AACS.


R 323.2159  State and national permits; modification  or  revocation  by  the 
department.
Rule 2159. (1) The department may modify any term or condition,  including  a 
schedule of compliance, of a permit, or may revoke a permit upon its  finding 
of any of the following:
  (a) There is a change  in  any  condition  that  requires  a  temporary  or 
permanent reduction or elimination of a permitted  discharge  or  constituent 
thereof.
  (b) The administrator of EPA issues a regulation prescribing a  restriction 
or prohibition of a waste or wastewater constituent which is not  covered  by 
the terms and conditions of a permit, or the  regulation  is  more  stringent 
than any limitation imposed on a wastewater constituent in a permit.
  (c) A modification of the terms and  conditions  of  a  permit  or  a  time 
schedule thereon is necessary because of an act of God  or  other  conditions 
beyond the control of the permittee.
  (d) In the case of discharges from publicly owned treatment works,  federal 
treatment works grant funds are not available or are not sufficient to  allow 
construction of the treatment works in a  time  schedule  set  forth  in  the 
permit.
  (e) There is a violation of any term or condition of the permit.
  (f) The permittee has obtained a permit by misrepresentation or has  failed 
to disclose all relevant facts to the commission.
  (g) A toxic effluent standard or prohibition,  including  any  schedule  of 
compliance specified therein, is established pursuant to  section  307(a)  of 
the federal act for a toxic waste or wastewater constituent which is  present 
in the  permittee's  discharge  and  the  standard  or  prohibition  is  more 
stringent than any limitation upon the waste or wastewater constituent in the 
permit.
  (h) The  POTW  receives  wastewater  from  a  nondomestic  source  and  the 
development  of  a  pretreatment  program  is  necessary   to   control   the 
introduction of regulated pollutants.
  (i) When a request for removal credits is approved  in  accordance  with  R 
323.2313(a).
  (2) The department shall notify the regional administrator of any change in 
status or condition of a permit and he or she shall have  an  opportunity  to 
object thereto, in writing, within 45 days before the effective date  of  the 
modification.  If the regional administrator objects  in  writing,  then  the 
objection shall be resolved  before  the  modification  is  approved  by  the 
department, unless the right to object is waived, in writing, by the regional 
administrator.
  (3) A permittee who is affected by  a  modification  of  a  permit  by  the 
department shall be notified not less than 90 days before the effective  date 
of the modification and,  upon  petition  therefore,  shall  have  a  hearing 
thereon pursuant to section 3112 of part 31 of the act.
  (4) If the department modifies an effluent  limitation  or  a  schedule  of 
compliance in a permit, notice of the modification shall  be  mailed  to  all 
persons on the department mailing list for public notices and fact sheets  as 
prescribed by R 323.2124, and  any  interested  person  may  comment  thereon 
within 30 days following the date of notification.

  History:  1979 AC; 1985 AACS; 2003 AACS.


R 323.2160  Enforcement.
Rule 2160. (1) A person who submits false information to the department on an 
application, other NPDES form, or any other reporting form, or  who  violates 
any of these rules, a term, condition, or schedule  of  compliance  contained 
within a valid state or national permit, or part 31 of the act is subject  to 
the remedies or penalties prescribed by section 3115 of part 31 of the act.
  (2)  The  department  shall  notify  the  regional  administrator  of   all 
violations of these rules, a valid permit, or part 31 of the act, and of  the 
means by which the department proposes to correct or require  the  correction 
of violations.

  History:  1979 AC; 2003 AACS.


R 323.2161  Storm water discharge permits.
  Rule 2161.  (1)  A person who discharges  storm  water  that  is  subject   
to regulation pursuant to the provisions of section 402(p) of  the  federal   
act and the corresponding regulations promulgated in  40   C.F.R.   §122.26   
(2000) shall apply for or obtain a national permit if the  person  has,  will 
have,  or operates any of the following:
  (a)   Storm  water  discharges  associated  with  industrial  activity.   A 
national permit is not required if, in accordance with 40  C.F.R.  §122.26(g) 
(2000), a discharge composed entirely of storm water is  not  a  storm  water 
discharge associated with industrial activity because there is no exposure of 
industrial materials and activities to rain, snow, snowmelt,  or  runoff,  or 
any combination, and if the discharger has met the conditions of no  exposure 
listed on a certification form provided by the  department.   The  discharger 
shall complete, sign, and submit to the  department  the  certification  form 
provided by the department.  A new certification form shall be submitted once 
every 5 years to qualify for continuation of the no exposure exclusion.  This 
exclusion provision shall no longer apply and  a  national  permit  shall  be 
required under either of the following conditions:
  (i)  If circumstances change and industrial materials or activities  become 
exposed to rain, snow, snowmelt, or runoff,  or  any  combination,  then  the 
conditions for this exclusion no  longer  apply.   Any  conditionally  exempt 
discharger who anticipates changes  in  circumstances  shall  apply  for  and 
obtain national permit authorization before the  change  of  circumstances.
Failure to do so could result in penalties as provided under part 31  of  the 
act for a discharge without a permit.
  (ii)  Notwithstanding the provisions of this  subdivision,  the  department 
retains the authority to require national permit authorization, and deny this 
exclusion, upon making a determination  that  the  discharge  causes,  has  a 
reasonable  potential  to  cause,  or  contributes  to,  a  violation  of  an 
applicable water quality standard.
  (b)  Storm water discharges from a  site  of  construction  activity.   The 
notice of coverage shall be received before the startup of  construction  for 
any storm water discharge from a site of construction activity  disturbing  5 
acres or more.
  (c)  An MS4 located in an urbanized area,  except  those  exempted  through 
cooperation with a permitted MS4 owner or operator under R 323.2161(2).  Only 
storm water that flows from within the urbanized area is regulated.
  (d)  An MS4 located within an urbanizing area, which is designated  by  the 
department to need a national permit on the basis that  it  discharges  storm 
water which results in a violation of water quality standards or which  would 
imminently result in a violation of water quality standards in the absence of 
regulation.
  (e)  Designation from the department that storm water controls  are  needed 
for the discharge based on wasteload  allocations  that  are  part  of  total 
maximum daily loads (TMDLs) developed by  the  department  that  address  the 
pollutants of concern.
  (f)  A discharge, or category of discharges within a geographic area,  that 
is determined by the department to be a significant contributor of pollutants 
to waters of the state, or to contribute to  a  violation  of  water  quality 
standards, or to contribute substantially to  the  pollutant  loadings  of  a 
physically interconnected, regulated MS4.
  (g)  A storm water discharge that is the  subject  of  a  petition  to  the 
department to require a national permit, and the department  determines  that 
the  discharger  shall  apply  for  a  national  permit  in  accordance  with 
subdivision (f) of this subrule.
  (2)  If a national permit application is required for a municipal  separate 
storm sewer system under subdivision (c), (d), (e), or (f) of  this  subrule, 
then each city, village, or township with the power or authority  to  control 
storm water discharges to the  regulated  MS4  shall  apply  for  a  national 
permit.  An MS4 owner or operator other than a city, village, or township may 
cooperate with a permitted MS4 owner  or  operator  so  that  the  terms  and 
conditions of the national permit may be met by the permitted  MS4  owner  or 
operator for the other owner or operator's  municipal  separate  storm  sewer 
system or systems in the regulated area.  In this  case,  the  MS4  owner  or 
operator that is not a city, village, or township does not need to apply  for 
a national permit.  An MS4 owner or operator that is not a city, village,  or 
township that cannot reach a cooperative agreement  with  the  permitted  MS4 
owner or operator shall apply for a national permit for the MS4  it  owns  or 
operates.
  (3)  A person who is designated  by  the  department  to  be  regulated  in 
accordance with subrule (1)(d), (e), or (f) of this rule shall apply  to  the 
department for a national permit within 180 days of receipt  of  notice  from 
the department that a national permit is  needed,  unless  permission  for  a 
later date is granted by the department.  This  subrule  does  not  apply  to 
storm water discharged from a site of construction activity.

  History:  1992 AACS; 2003 AACS; 2006 AACS.


R 323.2161a   Municipal  storm  water  discharge;  national  permit   minimum 
requirements.
  Rule 2161a. (1) The national permit for a regulated MS4 shall require, at a 
minimum, that the permittee develop, implement, and  enforce  a  storm  water 
management program designed to do both of the following:
  (a) Reduce the discharge of storm water pollutants to  the  maximum  extent 
practicable (MEP).
  (b) Protect  water  quality  and  satisfy  the  appropriate  water  quality 
requirements of the federal act.
  (2) Unless authorized to discharge  under  an  individual  national  permit 
applied for under 40 C.F.R. §122.26(d)  (2000)  or  authorized  to  discharge 
under another permit  that  the  regional  administrator  has  determined  is 
adequate to meet the requirements  of  the  federal  act,  a  person  with  a 
national permit for a regulated MS4 shall comply with the requirements of  40 
C.F.R. §122.34 (2000) as specified in R 323.2161a(3) to (12).
  (3) A storm water management program for a regulated MS4  shall  include  a 
plan for implementing, at a minimum, the measures described as follows:
  (a) A public education program to distribute educational materials  to  the 
community or conduct equivalent outreach  activities  about  the  impacts  of 
storm water discharges on water bodies and the steps that the public can take 
to reduce pollutants in storm water runoff.
  (b) At a minimum, comply with state and local  public  notice  requirements 
when implementing a public involvement/participation program.
  (c) A program to detect and eliminate illicit connections and discharges.
Under the illicit discharge elimination program,  a  permittee  shall,  at  a 
minimum, perform all of the following:
  (i) Develop, if not already completed, a storm sewer  system  map,  showing 
the location of all outfalls the permittee owns or  operates,  or  points  of 
discharge into an MS4 owned or operated by another public body, and the names 
and location of all waters of the state  that  receive  discharges  from  the 
permittee's MS4.
  (ii) Develop and implement a plan to detect  and  address  non-storm  water 
discharges to the municipal separate storm sewer  system,  including  illegal 
dumping and failing on-site sewage disposal systems as appropriate.
  (iii) Inform public  employees,  businesses,  and  the  general  public  of 
hazards associated with illegal discharges and  improper  disposal  of  waste 
into the municipal separate storm sewer system.
  (iv) To  the  extent  allowable  under  state  or  local  law,  effectively 
prohibit, through ordinance, or other regulatory mechanism,  non-storm  water 
discharges into the municipal  separate  storm  sewer  system  and  implement 
appropriate  enforcement  procedures   and   actions.    Discharges   already 
authorized under an  NPDES  permit  are  excluded  from  this  requirement.
Discharges or flows from fire  fighting  activities  are  excluded  from  the 
effective prohibition against non-storm water  and  need  only  be  addressed 
where they are identified as significant sources of pollutants to  waters  of 
the state.  The following categories of non-storm water discharges  or  flows 
need to be prohibited only  if  identified  as  significant  contributors  to 
violations of state water quality standards:
  (A) Water line flushing.
  (B) Landscape irrigation.
  (C) Diverted stream flows.
  (D) Rising ground waters.
  (E) Uncontaminated ground water seepage into storm sewers.
  (F) Uncontaminated pumped ground water, except for groundwater cleanups.
  (G) Discharges from potable water sources.
  (H) Foundation drains.
  (I) Air conditioning condensation.
  (J) Irrigation water.
  (K) Springs.
  (L) Water from crawl space pumps.
  (M) Footing drains.
  (N) Lawn watering.
  (O) Water from noncommercial car washing.
  (P) Flows from riparian habitats and wetlands.
  (Q) Residential swimming pool discharges and  dechlorinated  swimming  pool 
discharges.
  (R) Street wash water.
  (d) A storm water management program for areas  of  construction  activity, 
which shall include all of the following:
  (i) A procedure to notify the part 91 permitting entity and the  department 
when soil or sediment are deposited to the regulated MS4 from a  construction 
activity in violation of section 9116 of part 91 of the act or  in  violation 
of the effective prohibition on non-storm water discharges into the regulated 
MS4 separate storm sewer system as required in subdivision  (c)(iv)  of  this 
subrule.
  (ii) A  procedure  to  ensure  adequate  allowance  for  soil  erosion  and 
sedimentation controls on preliminary site plans, as applicable.
  (iii) A procedure for receipt and  consideration  of  complaints  or  other 
information submitted by the public.
  (e) A program to address post-construction  storm  water  runoff  from  new 
development  and  redevelopment  projects  that  disturb  1  or  more  acres, 
including projects less than 1 acre that are part of a larger common plan  of 
development or sale, that discharge into  the  regulated  MS4.   The  program 
shall  include  an  ordinance  or  other  regulatory  mechanism  to   address 
post-construction runoff from new development and redevelopment  projects  to 
the extent allowable under state  or  local  law.   The  ordinance  or  other 
regulatory mechanism shall be designed to prevent or minimize  water  quality 
impacts, including resource impairment resulting from  extreme  flow  volumes 
and flow conditions, and shall include all of the following:
  (i)  A  requirement  for  review  of  post-construction  storm  water  best 
management practices during initial site plan review, as applicable.
  (ii) Strategies for implementation  of  structural  or  non-structural,  or 
both, best management practices appropriate for the community.
  (iii) Requirements for adequate long-term operation and maintenance of best 
management practices.
  (f) An operation and storm water maintenance program that includes a  staff 
training component and has  the  ultimate  goal  of  preventing  or  reducing 
pollutant runoff from municipal operations, using training materials that are 
available from EPA, the state,  or  other  organizations.   The  storm  water 
management program shall include employee  training  to  prevent  and  reduce 
storm  water  pollution  from  activities  such  as  park  and   open   space 
maintenance, fleet  and  building  maintenance,  new  construction  and  land 
disturbances, and storm water system maintenance.
  (4) A city, village, or township shall comply with the terms and conditions 
of its national MS4 permit in all areas within its political  or  territorial 
boundaries for which a permit application is required under R 323.2161(1)(c), 
(d), (e), or (f).
  (5) A public body, other than a city, village, or township,  that  holds  a 
national permit for a municipal separate storm sewer  system  or  systems  it 
owns or operates, shall comply with the terms and conditions of the  national 
permit for the municipal separate storm drain sewer system or systems it owns 
or operates and for which a national  permit  application  was  submitted  in 
accordance with R 323.2161(1)(c), (d), (e), or (f).
  (6) If an existing qualifying  local  program  requires  the  permittee  to 
implement 1 or more of the minimum control measures of subrule  (3)  of  this 
rule, the department may include  conditions  in  the  national  permit  that 
direct the permittee to follow that qualifying program's requirements  rather 
than the requirements of subrule  (3)  of  this  rule.   A  qualifying  local 
program is a local or state municipal storm  water  management  program  that 
imposes, at a minimum, the relevant requirements of subrule (3) of this rule.
  (7) To request authorization to discharge  in  accordance  with  a  general 
permit for a municipal separate storm  sewer  system,  a  public  body  shall 
submit to the department, on a form provided by the  department,  a  national 
permit  application  which  shall  include  the  name  of  a  contact  person 
responsible for implementing  or  coordinating  the  storm  water  management 
program.
  (8) A permittee shall comply with any more stringent  effluent  limitations 
in the national permit, including permit requirements that modify, or are  in 
addition to, the minimum measures based on a total maximum daily load  (TMDL) 
or  equivalent  analysis.   The  department  may   include   more   stringent 
limitations based on a TMDL or equivalent analysis that determines that  more 
stringent limitations are needed to protect water quality.
  (9)  A  permittee  shall  comply  with  other  applicable  national  permit 
requirements, standards, and conditions  established  in  the  individual  or 
general permit,  developed  consistent  with  the  provisions  of  40  C.F.R.
§§122.41 to 122.49 (2000), as appropriate.
  (10) A permittee  shall  evaluate  compliance  with  the  minimum  measures 
required under subrule (3) of this rule,  the  appropriateness  of  the  best 
management practices implemented to comply with  the  minimum  measures,  and 
progress towards achieving the measurable goals reported pursuant to  subrule 
(12)(a)(ii)  of  this  rule.   The  department   may   establish   monitoring 
requirements in accordance with state or watershed specific monitoring  plans 
or as needed for a permittee to demonstrate the pollution reduction  achieved 
by implementing best management practices.
  (11) A permittee shall keep records required by the national permit for not 
less than 3 years.  A permittee shall submit the records   to    the    NPDES 
authority  if specifically asked to  do  so.   The  records,   including    a 
description  of  the storm  water  management  program,  shall  be  available
 to  the  public  at reasonable times during regular  business  hours  unless
 confidentiality  is protected under 40 C.F.R. §122.7 (2000).
  (12) A permittee shall submit annual reports  to  the  department  for  the 
first permit term.  For subsequent permit terms, the permittee  shall  submit 
reports in years 2 and 4 unless the department or  national  permit  requires 
more frequent reports.  The department may establish a reporting format  that 
shall  be  followed  by  the  permittee.   Unless  the  department  specifies 
otherwise,  the  annual  reports  shall   include   the   following   minimum 
information:
  (a) The first annual report submitted by a permittee for  approval  by  the 
department shall consist of a  storm  water  management  program  plan  which 
includes descriptions of all of the following:
  (i) The best management practices that will be implemented for each of  the 
storm water minimum measures specified in subrule (3)(a) to (f) of this rule.
  (ii) Measurable goals for each of the best management practices, including, 
as appropriate, the years in which the required actions will  be  undertaken, 
interim milestones, the frequency of the action,  anticipated  water  quality 
benefit, and a description of water quality monitoring, if  any,  during  the 
reporting period.  The permittee is not required to meet the measurable goals 
identified in the first annual report in order to demonstrate compliance with 
any minimum measure in subrule (2)(c) to (f)  of  this  rule  for  which  the 
department has not issued a  menu  of  best  management  practices.   If  the 
department does not issue a menu of best management practices, the  permittee 
still shall comply with other requirements of the national permit,  including 
good faith implementation of best management  practices  designed  to  comply 
with the minimum measures.
  (iii) A summary of the storm water  control  activities  to  be  undertaken 
during the next reporting  cycle  pursuant  to  the  storm  water  management 
program plan.
  (iv) The status of the water quality in the waters of the state within  the 
permittee's political, territorial, property, or  right-of-way  boundaries.
Narrative  descriptions  and/or  numeric  descriptions  may  be  submitted.
Narrative descriptions may include,  but  are  not  limited  to,  reports  of 
unnatural physical properties such as turbidity, color,  oil  film,  floating 
solids, foams, settleable solids, suspended solids or deposits,  presence  or 
absence of indicator animals,  algae  or  bacteria,  presence  of  trash  and 
floatables,  and  streambank   and   streambed   conditions.    For   numeric 
descriptions, permittees may seek alternatives to  instream  water  chemistry 
monitoring or may limit chemical monitoring to a small number of parameters.
Biological indexes  are  acceptable  numeric  descriptions.   Permittees  may 
partner to gather information, or may report information collected  by  other 
entities including county, state, or federal governments.
  (v) An identification and prioritization of the stresses on  the  receiving 
waters  within  the  permittee's   political,   territorial,   property,   or 
right-of-way boundaries.  Stresses are  negative  impacts  on  surface  water 
quality, navigation, industrial water supply,  public  water  supply  at  the 
point of water intake, fish and other indigenous aquatic life  and  wildlife, 
human body contact recreation, and agricultural uses.  Stresses include known 
or suspected pollutant sources that result in water quality  status  concerns 
reported under paragraph (iv) of this subdivision.
  (vi) Notice that the permittee is relying on another owner or operator of a 
regulated MS4 to satisfy national permit obligations under 1 or both  of  the 
following conditions:
  (A) The permittee lacks power or authority  to  comply  with  the  national 
permit obligation.
  (B) The other regulated MS4 owner or operator  is  already  implementing  a 
program that meets the national permit obligation for the permittee.
  (vii) Notice provided under paragraph (vi) of this subrule is valid only if 
the other regulated MS4 owner or operator has national  permit  authorization 
to discharge and provides notice under paragraph (viii) of  this  subdivision 
for the applicable national permit obligations.
  (viii) Notice that the permittee will satisfy some of the  national  permit 
obligations of another regulated MS4 owner or operator, if applicable.
  (ix) A city, village, or township permittee shall submit to the  department 
the identification of regulated MS4 owners and operators  other  than  itself 
within its political or territorial boundaries that have applied for or  will 
apply for national permits, and shall submit descriptions of either the  MS4s 
or the areas within its boundaries for which the other regulated  MS4  owners 
and operators claim authority.
  (b) All annual reports subsequent to the first annual report shall  include 
all of the following information:
  (i) The status of compliance with the storm water management  program  plan 
and other national permit conditions for which the permittee is  responsible, 
an assessment  of  the  appropriateness  of  the  best  management  practices 
identified in the storm water management program plan, and an  assessment  of 
progress towards achieving the identified measurable goals for  each  of  the 
best management practices.
  (ii) Results of information collected and  analyzed,  including  monitoring 
data, if any, during the reporting period.
  (iii) A summary of the storm water activities to be undertaken  during  the 
next reporting cycle pursuant to the storm water management program plan.
  (iv) Notice of a change in any  identified  best  management  practices  or 
measurable goals for any of the minimum measures.
  (v) A description of change in status of any agreement or  agreements  used 
by the permittee to rely on another  public  body  to  satisfy  some  of  the 
national permit obligations, if applicable.

  History: 2003 AACS.


R 323.2189   Referenced  federal  regulations;   definitions;   adoption   of 
standards by reference.
  Rule 2189.  (1)  As  used  in  the  federal  regulations  referenced  in  R 
323.2161, the terms "NPDES  state"  and  "NPDES  authority"  shall  mean  the 
department of environmental quality as specified in this rule.
  (2)  The following federal regulations are adopted by  reference  in  these 
rules, are available for inspection at the Lansing office of  the  department 
of environmental  quality,  and  may  be  obtained  from  the  Department  of 
Environmental Quality, Water Division, P.O. Box 30273, Lansing, MI 48909,  at 
a cost as of the time of adoption of these rules of 5 cents per  page  and  a 
labor rate of $19.20 per hour,  or  from  the  Superintendent  of  Documents, 
Government Printing Office, Washington, DC 20402, at a cost as of the time of 
the adoption of these rules of $45.00 for 40 C.F.R. Parts 100-135, $56.00 for 
40 C.F.R. Parts 400-424, and $61.00 for 40 C.F.R. Parts 425-699; or  via  the 
Internet at http://bookstore.gpo.gov:
  (a)  40 C.F.R. §122.3(e) (2000).
  (b)  40 C.F.R. §122.7. (2000).
  (c)  40 C.F.R. §122.21 (2005).
  (d)  40 C.F.R. §§122.26 to 27 (2000).
  (e)  40 C.F.R. §122.28(b)(2)(v) (2000).
  (f)  40 C.F.R. §§122.34 to 35 (2000).
  (g)  40 C.F.R. §§122.41 to 122.43 (2000).
  (h)  40 C.F.R. §122.44 (2005).
  (i)  40 C.F.R. §§122.45 to 122.49 (2000).
  (j)  40 C.F.R. §§125.80 to 125.99 (2005), except  40  C.F.R.  §§125.89  and 
125.98 (2005).  "New source" as used in this subdivision  is  defined  in  40 
C.F.R. §122.2.  "New source" as used elsewhere in these  rules  shall  be  as 
defined in R 323.2103.
  (k)  40 C.F.R. §401.11 (2000).
  (l)  40 C.F.R. §403 (2000).
  (m)  40 C.F.R. §412 (2003) except that the definition for "land application 
area" shall be as defined in R 323.2103.
  (n)  40 C.F.R. §451 (2005).

  History:  1985 AACS; 1990 AACS; 1992 AACS; 1995 AACS; 2003 AACS; 2005 AACS;
2006 AACS.


R 323.2190  National permit  for  storm  water  discharge  from  construction 
activity.
  Rule 2190.  (1)  Unless the department has required an individual  national 
permit pursuant to the provisions of subrule (3) or (4) of this rule, a point 
source discharge of storm water from a construction activity will  be  deemed 
to have a national permit  authorizing  the  discharge  if  the  criteria  of 
subdivisions (a)  and  (b)  of  this  subrule  are  met.   Exception:   small 
construction activities, meaning 1 to 5 acres of disturbed soil as defined in 
40 C.F.R. §122.26(b)(15), are automatically deemed to have a national  permit 
authorizing discharge of storm water in accordance with this rule and are not 
required to meet the filing requirements of subdivision(a)  or  (b)  of  this 
subrule, subrule (2)(j) of this rule, and subrule(5)(b) of  this  rule.   The 
construction permittee shall do both of the following:
  (a)  File with the department, on a form approved by the department, notice 
of coverage pursuant to the provisions of this rule before the initiation  of 
construction activity.  The notice of  coverage  shall  include  all  of  the 
following:
  (i)  A copy of the individual soil erosion and sedimentation control permit 
for the site as issued to the construction permittee; or if the  construction 
activity is to be carried out by an authorized public  agency,  certification 
by the authorized public agency that an approved control plan exists; or, for 
part 615 or part 631 permits, a copy of the permit, along with any  forms  or 
diagrams pertaining to soil erosion and sedimentation control that were  part 
of the permit application.
  (ii)  Acknowledgement by the construction permittee that any discharge that 
is made pursuant to the provisions of this rule shall be in  compliance  with 
part 31 of the act and the rules promulgated thereunder.
  (iii)  A location map and a description of the nature of  the  construction 
activity.
  (iv)  The location of the proposed  discharge  and  identification  of  the 
receiving water.
  (v)  The total area of the site and the area of the site that  is  expected 
to undergo construction activity during the life of the project.
  (vi)  Name and certification number of a  certified  storm  water  operator 
responsible for inspection of the construction activity  in  accordance  with 
subrule (2)(e) of this rule.
  (b)  Provide a valid signature of the construction permittee or  authorized 
representative on the notice of coverage.  If the construction permittee is a 
partnership, association, corporation, industry, municipality, state  agency, 
or interstate body, the valid signatory for the notice of coverage  shall  be 
determined in accordance with R 323.2114.
  (2)  A construction permittee that has authorization to discharge  under  a 
national permit pursuant to subrule (1) of this rule shall comply with all of 
the following provisions:
  (a)  Not directly or indirectly discharge wastes such as discarded building 
materials, concrete truck  washout,  chemicals,  lubricants,  fuels,  litter, 
sanitary waste, or any other substance at  the  construction  site  into  the 
waters of the state in violation of part 31 of the act or  rules  promulgated 
thereunder.
  (b)  Be in compliance with a soil erosion and sedimentation control  permit 
for the site or, if the construction activity is carried out by an authorized 
public agency, the approved control  plan,  including  the  selected  control 
measures that are applicable to the site.
  (c)  Properly maintain and operate the soil erosion control measures.
  (d)  Have the soil erosion control measures under the specific  supervision 
and control of  a  storm  water  operator  who  has  been  certified  by  the 
department  as  properly  qualified  to  operate  the  soil  erosion  control 
measures.   The  certification  shall  be  done  in   accordance   with   the 
requirements of R 323.1251 et seq.
  (e)  Cause the construction activity to be inspected by a  certified  storm 
water operator once per week, and within 24 hours after  every  precipitation 
event that results in a discharge from the site, and ensure that  any  needed 
corrective actions are carried out.  A log of the inspections and  corrective 
actions shall be maintained on file by the construction permittee for  review 
and shall be retained by the construction permittee for a period of  3  years 
from the date of the inspection or corrective action.
  (f)  In accordance with the requirements  for  on-land  facilities  as  set 
forth in spillage of oil and polluting  materials,  being  part  5  of  these 
rules,  provide  facilities  and  comply  with   reporting   procedures   for 
containment of any accidental losses of oil or other polluting materials.
  (g)  Dispose of solids, sediment, filter backwash, or other waste  that  is 
removed from or results from the treatment  or  control  of  storm  water  in 
compliance with applicable state laws and regulations and in  a  manner  that 
prevents any waste from entering waters of the state.
  (h)  Allow the department to enter upon the site  at  any  reasonable  time 
before the expiration of the authorization  to  discharge  as  set  forth  in 
subrule (5)  of  this  rule,  upon  presentation  of  credentials  and  other 
documents as may be required by law, for the purpose of inspecting conditions 
relating to the pollution of any waters or determining  compliance  with  the 
provisions of this rule.
  (i)  Upon request, make available for public inspection or provide  to  the 
department all reports or logs prepared pursuant to the  provisions  of  this 
rule.
  (j)  File a revised notice of coverage in compliance with the provisions of 
subrule (1) of this rule before any expansion of the construction activity or 
change in the soil erosion control measures that requires  a  change  in  the 
soil erosion and sedimentation control permit.
  (3)  The  department  may  require  that  discharges  from  a  construction 
activity be authorized by an  individual  national  permit  if  it  has  been 
determined by the department that unlawful  pollution  cannot  be  adequately 
guarded against, and there is or may be water quality degradation  that  will 
violate the commission act unless requirements in addition to  those  in  the 
soil erosion and sedimentation control permit are imposed.   A  determination 
by the department for an  individual  national  permit  or  other  additional 
control constitutes grounds for revocation of the authorization to  discharge 
pursuant to the provisions of this rule.
  (4)  The  department  may  require  that  discharges  from  a  construction 
activity be authorized by an  individual  national  permit  if  it  has  been 
determined by the department that the responsible part 91  permitting  entity 
or authorized public agency is not carrying out a program that is adequate to 
ensure that the requirements of part 91 of the act are complied with.
  (5)  The authorization to discharge pursuant to the provisions of this rule 
expires as follows:
  (a)  When the soil erosion and sedimentation control permit expires, or  is 
revoked or terminated by the part 91 permitting entity in accordance with the 
provisions of part 91 of the act and 1969 PA 306, MCL 24.201 et seq., or when 
the authorized public agency determines that the project has  been  completed 
by the stabilization of earth change activity.
  (b)  Five years from the date of the notice that is filed pursuant  to  the 
provisions of subrule (1)(a) of this  rule,   if   the   authorization   to   
discharge  has  not previously expired  pursuant  to  subdivision  (a)   of   
this  subrule.   This authorization may be extended by filing a new notice in 
compliance  with  the  provisions  of  subrule  (1)(a)  of  this  rule.   The 
construction  permittee   shall  file  a  notice  of  termination  with   the 
department, on a form approved  by  the department,  when  authorization  to  
discharge  expires  as  set  forth   in accordance with  subdivision  (a)  of 
this subrule.  The notice  of  termination shall  include  the   name   and   
address  of  the  construction  permittee,  the location of the  construction 
site,  and  the  mailing  address,  if  available,  and  certification   that 
stabilization of earth  change  activity  has  been   completed  or,  if  the 
certification cannot be made, the reason why the authorization  to  discharge 
has expired.
  (6)  The department may revoke authorization to discharge pursuant  to  the 
provisions of this rule if an individual national permit is required pursuant 
to the provisions of subrule (3)  of  this  rule  or  in  compliance  with  R 
323.2159.
  (7)  Nothing in this rule shall be construed to preclude the institution of 
any  legal  action  or  relieve   the   construction   permittee   from   any 
responsibilities,  liabilities,  or  penalties  to  which  the   construction 
permittee may be subject pursuant to part 31 of the act or rules  promulgated 
thereunder.
  (8)  The provisions of this rule are severable, and  if  any  provision  of 
this rule  or  the  application  of  any  provisions  of  this  rule  to  any 
circumstances is held invalid, the application of the provisions of this rule 
to other circumstances and the remainder of this rule shall not  be  affected 
by the invalidity.
  (9)  The construction permittee shall take all reasonable steps to minimize 
any adverse impact to the surface or groundwaters of the  state  that  result 
from noncompliance with any of the conditions specified in this rule.
  (10)  If, for any reason, the construction permittee does not comply  with, 
or will be unable to comply with, any of the conditions that are specified in 
this rule, the construction permittee shall provide the department  with  the 
following information, in writing, within 5 days of  becoming  aware  of  the 
noncompliance or inability to comply:
  (a)  A description of the noncompliance and its cause.
  (b)  The period of noncompliance, including exact dates and times,  or,  if 
the  noncompliance  is  not  corrected,  the  anticipated   time   that   the 
noncompliance is  expected  to  continue  and  the  steps  taken  to  reduce, 
eliminate, and prevent recurrence of the noncompliance.
  (11)  The provisions of this rule do not  convey  any  property  rights  in 
either real or personal property, or any exclusive privileges, authorize  any 
pollution, impairment, or destruction of the natural resources of the  state, 
or the violation of any federal, state, or  local  laws  or  regulations,  or 
obviate the necessity of obtaining permits or approvals from other  units  of 
government as may be required by law.
  (12)  The provisions of this rule do not exempt the construction  permittee 
from giving notice to  public  utilities  and  complying  with  each  of  the 
requirements of 1974 PA 53, MCL 460.701 et seq.
  (13)  This rule shall not provide authorization to  discharge  storm  water 
from construction activity which is mixed with non-storm water, or  which  is 
subject to an existing national permit or general permit.

  History:  1992 AACS; 2003 AACS; 2006 AACS.


R 323.2191  General permits generally.
Rule 2191. (1) Upon a determination by the department that certain discharges 
are  appropriately  and  adequately  controlled  by  a  general  permit,  the 
department may issue a general permit to cover a category of  discharge.  The 
general permit may cover storm water point source discharges or a category of 
point source discharges other than storm water point source discharges if all 
of the following provisions apply:
  (a) The  sources  involve  the  same  or  substantially  similar  types  of 
operations.
  (b) The sources discharge the same types of wastes.
  (c)  The  sources  require  the  same  effluent  limitation  or   operating 
conditions.
  (d) The sources require the same or similar monitoring.
  (2) General permits shall be issued, modified,  revoked  and  reissued,  or 
terminated in compliance with these rules.
  (3) The department may require any person  who  is  authorized  to  make  a 
discharge, by a general  permit,  to  apply  for  and  obtain  an  individual 
national permit if any of the following circumstances apply:
  (a) The discharge is a significant contributor to pollution  as  determined 
by the department on a case-by-case basis.
  (b) The discharger  is  not  complying,  or  has  not  complied,  with  the 
conditions of the general permit.
  (c) A change has occurred in the availability of demonstrated technology or 
practices for the control or abatement  of  waste  applicable  to  the  point 
source discharge.
  (d) Effluent standards and limitations are  promulgated  for  point  source 
discharges subject to the general permit.
  (e) The department determines that the criteria  under  which  the  general 
permit was issued no longer apply.  Any person may request the department  to 
take action pursuant to the provisions of this subrule.
  (4) If the department requires  a  person  who  is  authorized  to  make  a 
discharge, by a general permit, to apply for an individual national permit as 
provided in subrule (3) of this rule, the department shall do so in writing.
Written notice shall include all of the following:
  (a) A statement of the reasons for the department's decision.
  (b) An application form.
  (c) A statement setting the date by which the owner or operator shall  file 
the application.
  (d) A statement that on the  effective  date  of  the  individual  national 
permit, the general permit, as it applies to the individual  discharge,  will 
be superseded.
  (5) Any person having a discharge  which  is  authorized,  or  proposing  a 
discharge which may be authorized by a general  permit,  may  request  to  be 
excluded from the coverage of the general permit and apply for an  individual 
national permit.  An application shall be submitted pursuant to these  rules, 
with reasons supporting the request, to the department.  The  department  may 
deny an application for an individual national permit if it  determines  that 
the general permit is more appropriate.
  (6) The issuance  of  an  individual  national  permit  to  a  person  will 
supersede the applicability of the general permit on the  effective  date  of 
the individual national permit.

  History:  1992 AACS; 2003 AACS.


R 323.2192  General permits; application and coverage.
Rule 2192. All of the following provisions are application  requirements  for 
coverage under general permits and shall be complied with:
  (a) A person who requests coverage under a general permit shall comply with 
all applicable requirements of this part, except  where  the  department  has 
approved an amended application form that is specific to a general permit.
  (b) Upon the receipt of an  application  for  coverage  under  an  existing 
general permit, the department shall determine if  the  discharge  meets  the 
criteria for coverage under the general permit.  The issuance of a notice  of 
coverage by the department which states that the discharge meets the criteria 
initiates coverage by the general permit.
  (c) The department shall promptly report  to  the  department  each  person 
having a discharge for which coverage by general permit  has  been  initiated 
pursuant to the provisions of subdivision (b) of this rule.  A person who  is 
aggrieved by the coverage may file a sworn  petition  for  a  contested  case 
hearing on the matter with the department in accordance with  the  provisions 
of section 3113 of part 31 of the act.  A petition that is filed more than 60 
days after coverage by the general permit is reported to the  department  may 
be rejected by the department as being untimely.
  (d) A person who holds an individual national permit  for  a  point  source 
discharge that is excluded from a general permit solely  because  the  person 
already has an individual national permit may apply for  coverage  under  the 
general permit.  The department may terminate the individual national  permit 
and include the discharge under the coverage of the  general  permit  if  the 
department determines that the general permit is more appropriate.

  History:  1992 AACS; 2003 AACS.


R 323.2193  National permit; clean corporate citizen benefits.
Rule 2193. An establishment that has been designated  as  a  clean  corporate 
citizen by the department under R 324.1504  is  eligible  for  the  following 
benefits related to national permits:
  (a) A clean corporate citizen applying for reissuance of a national  permit 
may certify that the previous application information, or a  portion  of  the 
application, is still representative of the discharge, and need  not  provide 
new discharge monitoring information, unless there have been changes in state 
or federal  application  requirements  since  the  previous  application  was 
submitted.  The department may request additional information as necessary to 
process the permit.
  (b) When applying for a national permit for a new wastewater discharge that 
is not covered by a federal  technology-based  treatment  standard,  a  clean 
corporate citizen may provide its determination of best professional judgment 
(BPJ)  for  technology-based  effluent  limitations  for   the   case-by-case 
determinations required under section 402(a)(1)  of  the  federal  act.   The 
department will review and use the clean corporate citizen's determination of 
BPJ for purposes of a draft permit, unless the determination is  inconsistent 
with state or  federal  regulations,  or  is  contrary  to  known  technology 
previously used in setting BPJ permit limitations.
  (c) A clean corporate citizen that qualifies for coverage under  a  general 
permit as provided in R 323.2191 is not  required  to  obtain  an  individual 
national permit solely because it is designated as a major discharger by  the 
United States environmental protection agency.
  (d) A nonmunicipal  clean  corporate  citizen  may  construct  and  utilize 
wastewater treatment processes to  comply  with  effluent  limitations  of  a 
national permit without department approval of the plans  and  specifications 
for the wastewater treatment processes.
  (e) The department shall not conduct more  than  1  comprehensive  sampling 
inspection during the effective period of the national  permit  for  a  clean 
corporate citizen, unless the department  has  reason  to  believe  that  the 
permittee is not in compliance with any applicable  statute,  rule,  national 
permit, or enforcement order.
  (f) The national permit for a  clean  corporate  citizen  shall  include  a 
provision  allowing  the  department  to  reduce,  but  not  eliminate,   the 
monitoring frequency of parameters specified in the permit.   The  department 
may reduce monitoring.  Reduced monitoring shall be sufficient  to  determine 
compliance and will be conditioned on  continued  compliance  with  parameter 
limitations.  If reduced monitoring identifies a  violation  of  a  parameter 
limitation, then the permit shall provide for an increase in monitoring until 
compliance is regained.  A clean corporate citizen shall submit a request for 
reduced monitoring  to  the  department  in  writing.   Approval  of  reduced 
monitoring under this rule is not subject to the requirements in R 323.2159.
  (g) Unless otherwise required by the department,  or  as  necessary  for  a 
complete application  for  national  permit  reissuance,  upon  request,  the 
department shall authorize a clean  corporate  citizen  to  submit  discharge 
monitoring reports on an annual basis.  This provision does not abrogate  the 
permittee's responsibility to report instances of noncompliance  required  to 
be reported by statute, rule, national permit, or enforcement order.
  (h) The department shall expedite its response to a request  from  a  clean 
corporate citizen to use a water treatment additive.

  History:  2000 AACS; 2003 AACS.


R 323.2194  State Permit Clean Corporate Citizen Benefits
  Rule 2194. An establishment that has been designated as a  clean  corporate 
citizen by the department under R 324.1504  is  eligible  for  the  following 
benefits related to state permits:
  (a) A clean corporate citizen applying  for  a  new  state  permit,  permit 
renewal, or permit modification may request the department to accelerate  the 
application review. All of the following provisions apply to the request:
  (i) A clean corporate  citizen  shall  request  an  accelerated  review  in 
writing.
  (ii) A clean corporate citizen shall submit  an  administratively  complete 
application under R 323.2108 for the unit to be permitted.
  (iii) A clean corporate citizen or its  authorized  agent  shall  sign  the 
written request.
  (iv) The department shall approve the request  for  an  accelerated  permit 
application review within 15 calendar days after receipt of the  request  and 
required information, unless, within the 15-calendar-day period, the  request 
is either denied in writing for cause by the department or an extension of up 
to 15 additional calendar days is specified in writing by the department.  If 
the department fails to make its decision within the  extended  time  period, 
then  the   request  for  an  accelerated  permit   application   review   is 
automatically approved at the end of the extended time period.
  (v) If the accelerated permit application  review  is  approved,  then  the 
department shall complete a review of the application within 30 calendar days 
and recommend either that the  permit  be  issued  with  or  without  special 
conditions or that the permit be denied.
  (vi) If the department recommends that  the  permit  be  issued,  then  the 
department shall provide a copy of the draft  permit  to  the  applicant  and 
publish the public notice required under R 323.2117.   The  department  shall 
issue or deny the permit within 15 calendar days after the conclusion of  the 
public comment period, unless substantial new issues are  raised  during  the 
comment period or hearing.
  (vii) If the department recommends that the  permit  be  denied,  then  the 
department shall notify the applicant, in writing, of the  deficiencies  that 
caused the application to be denied. The department may  extend  the  30  day 
accelerated review period if an  extension  is  requested  by  the  applicant 
within 10 calendar days to address those deficiencies.
  (viii) If an extension is granted,  an  applicant  will  have  30  days  to 
address  the  application  deficiencies.   If  the   applicant   sufficiently 
addresses the deficiencies,  then  the  department  shall  proceed  with  the 
issuance of the permit. If the applicant does not  sufficiently  address  the 
deficiencies, then the department may proceed with permit denial or may place 
the application in lower  priority  status  to  afford  the  clean  corporate 
citizen additional time to address the deficiencies.
  (b) The department may authorize a clean corporate citizen  to  reduce  the 
required frequency of effluent and  groundwater  monitoring  at  an  existing 
facility by up to 50%.  All of the  following  provisions  apply  to  reduced 
monitoring:
  (i) The department may  reduce  the  effluent  and  groundwater  monitoring 
requirements as outlined in the permit if all of the following  criteria  are 
met:
  (A) The effluent limits set forth in the permit have been consistently  met 
over a period of 1 year or over 12 sampling events.
  (B) The groundwater limits set forth in the permit have  been  consistently 
met for 4 consecutive sampling events.
  (C) The point of compliance for measuring groundwater impact  is  not  more 
than 150 feet from the discharge point.
  (ii) Upon request by  a  clean  corporate  citizen,  the  department  shall 
provide its decision to reduce effluent and groundwater monitoring within  30 
days of receipt of documentation that the criteria specified in subparagraphs 
(A) to (C) of this paragraph have been met.
  (iii)  The reduced  monitoring  specified  in  writing  by  the  department 
supersedes the monitoring frequency set forth in the permit.   However,  upon 
notice from the department that an effluent or groundwater permit  limit  has 
been or is being exceeded, the original sampling frequency  as  specified  in 
the permit shall immediately resume.
  (c) After notice to the department, unless disapproved  by  the  department 
within 30 days, a clean  corporate  citizen  may  reduce  the  monitoring  or 
reporting requirements, or both, for upgradient wells specified in  a  permit 
to a frequency of once per year unless  or  until  either  of  the  following 
occurs:
  (i) An effluent or groundwater permit limit is exceeded.  If an  exceedance 
of a permit limit  in  the  effluent  or  the  groundwater  as  a  result  of 
monitoring downgradient wells is found, then a clean corporate citizen  shall 
immediately sample and monitor the upgradient well or wells and  analyze  the 
sample in accordance with requirements for sampling and analysis set forth in 
the permit.  A clean  corporate  citizen  shall  continue  the  frequency  of 
monitoring and reporting for the upgradient well or wells in accordance  with 
the  permit  until  the  clean  corporate  citizen  can  demonstrate  to  the 
department that the problem that caused the exceedance has  been  resolved.
Once the clean corporate citizen  has  demonstrated  that  the  problem  that 
caused the exceedance has been resolved,  the  clean  corporate  citizen  may 
request the department to authorize reduced monitoring as specified  in  this 
subdivision.
  (ii) The permit expires.
  (d) After notice to the department, unless disapproved  by  the  department 
within 45 days, a clean corporate citizen may  use  a  product  that  is  not 
specified in the current permit if an approved  toxicologist  certifies  that 
the discharge would not violate the discharge standards in R  323.2222  as  a 
result of using the product.  All of the following provisions  apply  to  the 
use of a product that is not specified in the current permit:
  (i) The department may approve a toxicologist for certifying a discharge if 
the toxicologist meets all of the following qualifications and  if  proof  of 
the qualifications is provided to the department in writing:
  (A) The toxicologist possesses, at a minimum, a Master of Science degree in 
toxicology.
  (B)  The  toxicologist  has  at  least  1  year  of  experience  conducting 
toxicological reviews.
  (C) The toxicologist has a minimum of 1 year  of  practical  experience  in 
evaluating biological and chemical data to determine the potential impact  to 
humans and other living organisms.
  (ii)  Except  for  standards  developed  under  R  323.2222(2)(c)(ii)  soil 
treatment) of the Part 22 rules, a toxicologist who meets all of the criteria 
in paragraph (i)(A), (B), and (C) of this subdivision may review and  certify 
product changes for a clean corporate citizen if both of the following occur:
  (A) The toxicologist follows the procedures in R 323.2220  for  determining 
wastewater characteristics.
  (B) The toxicologist  certifies  that  the  discharge  standards  for  each 
chemical constituent determined to be in the discharge meet the limits  in  R 
323.2222.
  (iii)  The  notice  in  this  subdivision  shall  include  copies  of   all 
documentation and materials used by the toxicologist to certify  the  product 
change.
  (iv) If, at anytime after the 45-day period specified in this  subdivision, 
the department determines that the use of a product should  be  discontinued, 
then, upon written  notification  by  the  department,  the  clean  corporate 
citizen shall either discontinue use of the product within 30 days or  reduce 
the concentrations of the product to  meet  the  applicable  standards  in  R 
323.2222.  The clean corporate citizen shall notify the department by the end 
of the 30 day-period of its decision regarding the use of  the  product.   If 
the concentration is  reduced,  the  clean  corporate  citizen  shall  submit 
documentation  to  the  department  which  demonstrates  that   the   reduced 
concentrations are consistent with the discharge standards in R 323.2222.
  (e) R 323.2150 notwithstanding, a clean corporate citizen may petition  the 
department to extend the expiration date for an existing permit for a  period 
of up to 5 years if the clean corporate  citizen  can  demonstrate  that  its 
facility has consistently maintained  compliance  with  its  permit  for  the 
preceding 5 years.  All  of  the  following  provisions  apply  to  a  permit 
extension:
  (i) To receive a  permit  extension,  the  clean  corporate  citizen  shall 
provide all of the following information to the department:
  (A) A written request for the permit extension that specifies the  duration 
of the extension. A  clean  corporate  citizen  shall  submit  the  extension 
request to the department not less than 180 days before the  expiration  date 
of the current permit.
  (B) A summary of reports on monitoring data  and  other  required  facility 
operations which demonstrates that the  facility  has  consistently  complied 
with its permit requirements for the preceding 5 years.
  (C) A certification that the current discharges are  fully  and  accurately 
represented in the most recent permit application.
  (ii) The written request for an extension satisfies  the  requirements  for 
timely application for permit renewal.  If the department determines that the 
criteria in paragraph  (i)  of  this  subdivision  has  been  met,  then  the 
department shall extend the expiration date for the permit for the period  of 
time requested, but not for more than 5 years.
  (iii) If the department determines that the clean corporate  citizen  meets 
the necessary criteria to qualify for a permit extension, then within 30 days 
of making the determination the department  shall  publish  a  public  notice 
stating that the department proposes to  extend  the  existing  permit.   The 
notice shall also include the proposed new expiration date.
  (iv)  The department shall extend the permit expiration date at the end  of 
the public notice period unless either of the following occurs:
  (A) The department determines that the clean  corporate  citizen  does  not 
meet the criteria in paragraph (i) of this subdivision.
  (B) Based on comments received during the public comment  period  or  other 
information, the department determines that further review of the  permit  is 
needed or that changes to the permit may be needed, or both, before extending 
the expiration date.
  (v) The department shall not extend a permit more than 5 additional years.
  (f) A nonmunicipal clean corporate citizen qualifies  for  a  reduction  in 
design reviews for industrial treatment processes by  the  department.   This 
subdivision  pertains  to  design  reviews  specified  by  rules  or  permit, 
including, but  not  limited  to,  the  preliminary  basis  of  designs,  new 
technologies, and alternative treatment systems.
  (g) A nonmunicipal  clean  corporate  citizen  may  construct  and  utilize 
wastewater treatment processes to comply  with  permit  requirements  without 
department approval of  the  plans  and  specifications  for  the  wastewater 
treatment process if all of the following provisions are satisfied:
  (i) All process equipment is the proper size  and  type  for  the  intended 
application.
  (ii) Proper staffing, operation, and  maintenance  requirements  have  been 
specified for the facility.
  (iii) The facility is designed to meet all permit limits when operated  and 
maintained as specified.

  History:  2000 AACS.


R 323.2195. Termination of benefits.
Rule 2195.  Upon termination of a clean corporate  citizen  designation,  the 
department shall terminate or restrict all  benefits  provided  to  a  former 
clean corporate citizen under R 323.2193 and R 323.2194 as provided  in  this 
part and as determined by the department.

  History:  2000 AACS; 2003 AACS.


R 323.2196  CAFO permits.
  Rule 2196.  (1)  CAFOs are point sources that  require  NPDES  permits  for 
discharges or potential discharges and require all of the following:
  (a)  If an operation becomes a CAFO, then the NPDES requirements for  CAFOs 
apply to all animals in confinement at the operation and all production  area 
waste  and  CAFO  process  wastewater  generated  by  those  animals  or  the 
production of those animals, regardless of the type of animal.
  (b)  All CAFO owners or operators shall  apply  either  for  an  individual 
NPDES permit, or a certificate of coverage under  an  NPDES  general  permit, 
unless  the  owner  or  operator  has  received  a  determination  from   the 
department, made after providing notice and opportunity for  public  comment, 
that the CAFO has "no potential to discharge" pursuant to subrule (4) of this 
rule.
  (c)  The discharge to waters of the state from land application areas is  a 
discharge from the CAFO subject to NPDES permit requirements.
  (2)  The schedule for  permit  application,  coverage,  and  renewal  shall 
include all of the following:
  (a)  A CAFO shall apply for an NPDES permit not later  than  the  effective 
date of these rules, except as specified in subdivisions (b), (d), or (e)  of 
this subrule.
  (b)  An existing CAFO, or an existing AFO that becomes a CAFO, that has not 
had a regulated discharge since January 14, 2000, shall  apply  for  coverage 
under NPDES general permit no. MIG440000  (effective  January  1,  2003),  or 
equivalent document approved by the department, not later than 90 days  after 
notification by the department or by September 1, 2005, whichever is sooner.
Before July 1, 2007,  all  CAFOs  that  are  operating  under  an  equivalent 
document approved by the department shall apply  for  an  NPDES  permit.   An 
existing CAFO or existing AFO is any CAFO or  AFO  that  is  constructed  and 
populated before January 30, 2004.
  (c)  For the purposes of subdivision  (b)  of  this  subrule,  a  regulated 
discharge is any of the following:
  (i)  A discharge that causes or contributes to a violation of R 323.1041 to 
R 323.1117 of the water quality standards.
  (ii)  A discharge from the process or production area due to  precipitation 
events, either by overland, drainage tiles, or other mechanisms,  except  the 
discharge of uncontaminated runoff that does not come into contact  with  any 
animals, animal waste, or production area waste.
  (iii)  A dry-weather discharge, including an accidental release.
  (d)  Newly constructed CAFOs shall apply for an NPDES permit at  least  180 
days before commencing operation.
  (e)  AFOs that become CAFOs after September 1, 2005,  shall  apply  for  an 
NPDES permit at least 180 days before becoming a CAFO.
  (f)  For AFOs that are designated as CAFOs per subrule (3), the CAFO  shall 
apply for an NPDES permit no later than 90 days after receiving  notification 
of the designation.
  (g)  Not later than 180  days  before  the  expiration  of  the  permit  or 
equivalent document approved by the department, the permittee shall submit an 
application to renew its permit.  However, the permittee need not continue to 
seek continued permit coverage or  reapply  for  a  permit  if  both  of  the 
following conditions are true:
  (i)  The facility has ceased operation or is no longer a CAFO.
  (ii)  The permittee has demonstrated to the satisfaction of the  department 
that there is no remaining potential for a discharge.
  (3)  In designating an AFO as a CAFO, the following apply:
  (a)  The department may designate any AFO as a CAFO upon  determining  that 
it is a significant contributor of pollutants to waters  of  the  state.   In 
making this designation, the department shall consider all of  the  following 
factors:
  (i)  The size of the AFO and the amount of production area waste  and  CAFO 
process wastewater reaching waters of the state.
  (ii)  The location of the AFO relative to waters of the state.
  (iii)  The means of conveyance of production area waste  and  CAFO  process 
wastewater into waters of the state.
  (iv)  The slope, vegetation, rainfall,  and  other  factors  affecting  the 
likelihood or frequency of  discharge  of  production  area  waste  and  CAFO 
process wastewater into waters of the state.
  (v)  Other relevant factors.
  (b)  An  AFO  shall  not  be  designated  under  this  subrule  unless  the 
department has conducted an inspection of the operation.
  (c)   An  AFO  with  numbers  of  animals  below  those  established  in  R 
323.2103(m) shall not be designated as a CAFO unless either of the  following 
occurs:
  (i)  Pollutants are discharged from the production area into waters of  the 
state through a manmade ditch, pipe, tile, swale, flushing system,  or  other 
similar manmade conveyance.
  (ii)  Pollutants are discharged from  the  production  area  directly  into 
waters of the state which originate outside of the facility  and  pass  over, 
across, or through the facility or otherwise come into  direct  contact  with 
the animals confined in the operation.
  (4)  In making determinations for  no  potential  to  discharge  for  large 
CAFOs, all of the following apply:
  (a)  The department, upon request, may make a determination that a specific 
large CAFO has no potential to discharge pollutants to waters of the state.
In making this determination, the department shall consider the potential for 
discharges from both the production area and any land application areas.  The 
department shall also consider any record of prior discharges by the  CAFO.
In no case may the CAFO be determined to have no potential to discharge if it 
has had a discharge within 5 years before the date of the  request  submitted 
under subdivision (b) of this subrule.  For purposes of this rule,  the  term 
'no potential to discharge' means that there is no  potential  for  any  CAFO 
production area waste or CAFO process wastewater to be added to waters of the 
state under any circumstance or climatic  condition.   A  determination  that 
there is no potential to discharge only relates to discharges  of  production 
area waste and CAFO process wastewater covered by this rule.
  (b)  In requesting a determination of no potential to discharge,  the  CAFO 
owner or operator shall submit any  information  that  will  support  such  a 
determination.   Such  information  shall  include  all  of  the  information 
specified in 40 C.F.R. §§122.21(f) and (i)(1)(i) to (ix) (2003)  and  include 
documentation showing that the CAFO has been  verified  under  the  livestock 
system of the Michigan agriculture environmental assurance  program  (MAEAP), 
or successor program, if such a program  is  available.  The  department  has 
discretion to require additional information to supplement the  request,  and 
may also gather additional information through  physical  inspection  of  the 
CAFO.
  (c)  Before making a final decision to grant a no  potential  to  discharge 
determination, the department shall issue a notice to the public stating that 
a no potential to discharge request has been received.  This notice shall  be 
accompanied by a fact sheet which includes the following, if applicable:
  (i)  A brief description of the type of facility or activity which  is  the 
subject of the no potential to discharge determination.
  (ii)  A brief summary of the factual  basis,  upon  which  the  request  is 
based, for granting the no potential to discharge determination.
  (iii)  A description of the procedures for reaching a final decision on the 
no potential to discharge determination.
The department shall base the decision to grant a no potential  to  discharge 
determination on the administrative record, which  includes  all  information 
submitted in support of or against a no potential to discharge  determination 
and any other data gathered by the department.  The department  shall  notify 
any CAFO seeking a no potential  to  discharge  determination  of  its  final 
determination within 180 days of receiving the request.
  (d)  The owner or operator  shall  request  a  no  potential  to  discharge 
determination  by  the  applicable  permit   application   dates.    If   the 
department's final  decision  is  to  deny  the  no  potential  to  discharge 
determination, then the owner or operator shall seek coverage under a  permit 
within 30 days after notice of the denial.
  (e)  The no potential to discharge determination does not relieve the  CAFO 
from the consequences of an actual  discharge.   Any  unpermitted  CAFO  that 
discharges pollutants into the waters of this state is in  violation  of  the 
act even if it has received a no potential to  discharge  determination  from 
the department.  Any CAFO that has received a determination of  no  potential 
to discharge, but who anticipates changes in circumstances that could  create 
the potential for a discharge, shall contact the department and apply for and 
obtain NPDES permit authorization prior to the change of  circumstances.   If 
any CAFO that has received a determination of no potential to  discharge  has 
unanticipated changes in circumstances that could create the potential for  a 
discharge, then the CAFO shall immediately notify the department and submit a 
complete application for coverage under an NPDES permit within 30 days  after 
the change in circumstances.
  (f)  Where the department has issued a determination  of  no  potential  to 
discharge, the department retains the authority to subsequently require NPDES 
permit coverage for any of the following:
  (i)  If circumstances at the facility change.
  (ii)  If new information becomes available.
  (iii)  If there is another reason for the department to determine that  the 
CAFO has a potential to discharge.
  (g)  Notwithstanding any other provision of this section, a CAFO  that  has 
received a no potential to discharge determination from the department is not 
required to seek coverage under an  NPDES  permit  that  would  otherwise  be 
required.
  (5)  CAFO NPDES permits shall include all of the following:
  (a)  A requirement  to  develop  and  implement  a  comprehensive  nutrient 
management plan (CNMP).  The CNMP shall  be  approved  by  a  certified  CNMP 
provider.  At a minimum, a CNMP shall include best management  practices  and 
procedures  necessary  to  implement  applicable  effluent  limitations   and 
technical standards established  by  the  department  including  all  of  the 
following:
  (i)  Ensure adequate storage of production  area  waste  and  CAFO  process 
wastewater, including procedures to ensure proper operation  and  maintenance 
of the storage facilities.
  (ii)  Ensure proper management of mortalities and ensure that they are  not 
disposed of in a liquid manure,  storm  water,  or  CAFO  process  wastewater 
storage or treatment system.
  (iii)  Ensure clean water is diverted from the production area.
  (iv)  Prevent direct contact of confined animals with waters of the state.
  (v)  Ensure chemicals and other contaminants handled at the CAFO, that  are 
not part of the normal agricultural practice at the production area, are  not 
disposed of in any production area waste, CAFO process wastewater,  or  storm 
water storage or treatment system.
  (vi)   Identify  specific  conservation  practices  to  control  runoff  of 
pollutants to waters of the state.
  (vii)  Identify protocols  for  testing  of  production  area  waste,  CAFO 
process wastewater, and soil.
  (viii)  Conduct a field-by-field assessment of land application  areas  and 
address the form, source, amount, timing, rate, and method of application  of 
nutrients to demonstrate that land application of production  area  waste  or 
CAFO  process  wastewater  is  in  accordance  with  field-specific  nutrient 
management practices that ensures  proper  agricultural  utilization  of  the 
nutrients in the production area  waste  or  CAFO  process  wastewater.   The 
assessment  shall  take  into  account  field-specific  conditions  including 
locations  of  tile  outlets,  tile  risers,  and  tile  depth  before   land 
application to determine suitability  of  land  application  and  to  prevent 
discharge of any potential polluting material.
  (ix)  Ensure proper land application by complying with all of the following 
conditions:
  (A)  Production area  waste  and  CAFO  process  wastewater  shall  not  be 
land-applied on ground that is flooded,  saturated  with  water,  frozen,  or 
snow-covered where the production area waste and CAFO process wastewater  may 
enter waters of the state.
  (B)  Production area waste and CAFO process wastewater shall not be applied 
to frozen or snow-covered ground unless it is subsurface injected  and  there 
is substantial soil coverage of the applied production area  waste  and  CAFO 
process wastewater, or it is surface-applied and incorporated within 24 hours.
  (C)   Production  area  waste  and   CAFO   process   wastewater   may   be 
surface-applied to frozen or snow-covered ground and not incorporated  within 
24 hours only if there is a field-by-field demonstration in the CNMP  showing 
that such  land  application will not result in a situation where  production 
area waste and  CAFO  process wastewater may enter waters of the state.
  (D)  Production area waste and CAFO process wastewater shall not be applied 
when precipitation exceeding ½  inch  is  forecast  within  24  hours  or  if 
precipitation is forecast that may cause the production area waste  and  CAFO 
process wastewater to enter waters of the state.
  (E)  On ground that is not frozen or snow-covered,  production  area  waste 
and  CAFO  process  wastewater,  if   not   subsurface-injected,   shall   be 
incorporated into the soil within 24 hours of application except  on  no-till 
fields.
  (x)  Identify specific records that will  be  maintained  to  document  the 
implementation and management of the CNMP.
  (b)  A copy of the CAFO's CNMP shall be maintained at  the  CAFO  and  made 
available to the department on request.  In addition, the  executive  summary 
shall be submitted to the department.
  (c)  A prohibition on dry  weather  discharges  from  the  CAFO  except  in 
accordance with 40 C.F.R. §412.31(a)(2) (2003) or 40 C.F.R. §412.46(d) (2003).
  (d)  Storm water discharges from land areas under the  control  of  a  CAFO 
where production area waste or CAFO process wastewater has  been  applied  in 
compliance with field-specific nutrient  management  practices  developed  in 
accordance with R  323.2196(5)(a),  and  such  discharges  do  not  cause  or 
contribute to a violation of water quality standards, are in compliance  with 
this rule, provided such discharges are authorized by an NPDES permit.
  (e)  Unless the department determines otherwise, in cases where  production 
area waste or CAFO process wastewater  is  sold,  given  away,  or  otherwise 
transferred to other persons (recipient) and the  land  application  of  that 
production area waste or CAFO process wastewater is not under the operational 
control of the CAFO owner or operator  that  generates  the  production  area 
waste or CAFO process wastewater (generator), a manifest  shall  be  used  to 
track the transfer and use of the  production  area  waste  or  CAFO  process 
wastewater.
  (i)  The CAFO owner or operator shall do all of the following:
  (A)  Prepare a manifest for tracking the  production  area  waste  or  CAFO 
process wastewater before transferring the  production  area  waste  or  CAFO 
process wastewater.
  (B)  Designate on the manifest the recipient of the production  area  waste 
or CAFO process wastewater.
  (ii)  The generator shall use a manifest form  which  is  approved  by  the 
department and which  has  locations  for  recording  all  of  the  following 
information:
  (A)  A manifest document number.
  (B)  The generator's name, mailing address, and telephone number.
  (C)  The name and address of the recipient of the production area waste  or 
CAFO process wastewater.
  (D)  The nutrient content of the production  area  waste  or  CAFO  process 
wastewater to be used in determining the appropriate land application rates.
  (E)  The total quantity of production area waste or CAFO process wastewater 
by units of weight or volume  and  the  number  and  size  of  the  loads  or 
containers used to transfer that quantity of production area  waste  or  CAFO 
process wastewater.
  (F)  A statement that informs the recipient of his or her responsibility to 
properly manage the land application  of  the  manure  and/or  wastewater  to 
minimize the discharge of pollutants to waters of the state.
  (G)  The following certification:  "I hereby declare  that  the  production 
area waste or CAFO process wastewater is accurately described  above  and  is 
suitable for land application."
  (H)  Other certification statements as may be required by the department.
  (I)  Address  or  other  description  for  the  final  destination  of  the 
production area waste or CAFO process wastewater.
  (J)  Locations for dates and signatures.
  (iii)  The generator shall do all of the  following  with  respect  to  the 
manifest:
  (A)  Sign the manifest certification by hand.
  (B)  Obtain the handwritten signature of the  recipient  and  the  date  of 
acceptance on the manifest.
  (C)  Retain 1 copy of the manifest.
  (D)  Give the remaining copies to the recipient.
  (E)  Advise the recipient of his or her responsibilities  to  complete  the 
manifest and return a copy to the generator within 30 days  after  completion 
of the land application or other disposal or use of the production area waste 
or CAFO process wastewater.
  (iv)  One manifest may be used for multiple loads or containers of the same 
production area waste or CAFO process  wastewater  transferred  to  the  same 
recipient.
  (v)  The generator  shall  not  sell,  give  away,  or  otherwise  transfer 
production area waste or CAFO process wastewater to a recipient if any of the 
following occurs:
  (A)  The recipient has previously not returned  a  copy  of  the  completed 
manifest to the generator.
  (B)  The returned manifest indicates improper  land  application,  use,  or 
disposal.
  (C)  The generator has been advised by the department that  the  department 
or a court of appropriate jurisdiction has determined that the recipient  has 
improperly land-applied, used, or disposed of a  manifested  production  area 
waste or CAFO process wastewater.
  (D)  The recipient fails or refuses to provide accurate information on  the 
manifest in a timely manner.
  (vi)  If the  generator  has  been  prohibited  from  selling,  giving,  or 
otherwise transferring large CAFO  waste  to  a  particular  recipient  under 
paragraph (v), above, and the generator wishes to resume selling, giving,  or 
otherwise transferring large CAFO waste to that  particular  recipient,  then 
the one of the following shall be accomplished:
  (A)   For  improper  paperwork  only,  such  as  incomplete  or  inaccurate 
information on the manifest, the recipient must provide the correct, complete 
information.
  (B)  For improper land application, use, or  disposal  of  the  large  CAFO 
waste by the recipient, the generator must demonstrate, in  writing,  to  the 
department that the improper land application,  use,  or  disposal  has  been 
corrected, and the department has provided approval of the demonstration.
  (vii)  All copies of manifests  shall  be  kept  with  the  CAFO  owner  or 
operator's CNMP for a minimum of 5 years.
  (viii)  The requirements of  this  rule  do  not  apply  to  quantities  of 
production area waste or CAFO process wastewater less than  1  pick-up  truck 
load, 1 cubic yard, or 1 ton per recipient per day.
  (f)  A requirement that the CAFO owner  or  operator  shall  submit  annual 
reports to the department.  The annual  report  shall  include,  but  is  not 
limited to, all of the following:
  (i)  The number and type of animals, whether in open confinement or  housed 
under roof (beef cattle, broilers, layers, swine weighing 55 pounds or  more, 
swine weighing less than 55 pounds, mature dairy cows,  dairy  heifers,  veal 
calves, sheep and lambs, horses, ducks, and turkeys).
  (ii)  Estimated amount of total production  area  waste  and  CAFO  process 
wastewater generated by the CAFO in the previous 12 months (tons/gallons).
  (iii)  Estimated amount of total production area  waste  and  CAFO  process 
wastewater transferred to another person by  the  CAFO  in  the  previous  12 
months (tons/gallons).
  (iv)  Total number of acres  for  land  application  covered  by  the  CNMP 
developed in accordance with subdivision (a) of this subrule.
  (v)  Total number of acres under control of the CAFO  that  were  used  for 
land application of production area waste and CAFO process wastewater in  the 
previous 12 months.
  (vi)  Summary of all production area  waste  and  CAFO  process  wastewater 
discharges from the production area that have occurred  in  the  previous  12 
months, including date, time, and approximate volume.
  (vii)  A statement indicating whether the current  version  of  the  CAFO's 
CNMP was developed or approved by a certified CNMP provider.

  History: 2005 AACS.


R 323.2197  Cooling water intake structures.
  Rule 2197.  For a facility with  cooling  water  intake  systems  regulated 
under 40 C.F.R. §125.91, the following controls apply:
(a) A facility that withdraws cooling water from a connecting  water  of  the 
Great  Lakes  shall  be  subject  to  entrainment  performance  standards  at 
§125.94(b)(2).
(b) A facility that withdraws cooling water from a waterway  with  open  fish 
passage to 1 of the Great Lakes and is located within 30 miles of  the  lake, 
but does not withdraw cooling water from a Great Lake or a  connecting  water 
of the Great Lakes, shall be subject to entrainment performance standards  at 
§125.94(b)(2) if the director determines that such regulation is  appropriate 
to prevent significant impact to Great Lakes' fish or  shellfish  populations 
caused by entrainment.

  History: 2006 AACS.