January 12, 2006

Across the state, waste and wastewater discharges have the potential to introduce pollutants to drinking water sources. The Department of Environmental Quality’s groundwater discharge regulation plays a vital role in the protection of those drinking water supplies by issuing permits that require monitoring and set limits for acceptable concentrations of chemical and biological materials in the discharge. The permitting process also requires the discharger to provide information regarding the proximity of the discharge to both public and private water supplies in order to ensure that every discharge is both safe and legal.

In 2005, the DEQ implemented a strategy to eliminate illegal discharges to groundwater and ensure that dischargers have appropriate permit coverage. As part of the strategy, the DEQ notified over 300 entities with expired groundwater discharge permits of their potential legal liability and responsibilities. The DEQ then established a simplified process to resolve the unauthorized discharges by entering into an administrative consent order, submitting a new permit application, and paying one year’s worth of permit fees.

“The groundwater initiative was a cooperative, non-punitive arrangement between the DEQ and the regulated community,” said DEQ Director Steven E. Chester. “Rather than pursuing enforcement actions against these facilities, the DEQ focused our efforts on encouraging them to voluntarily comply with Michigan’s environmental regulations, and help us in our mission to keep Michigan safe.”

The response from the regulated community has been extremely positive. Nearly 90 percent of the known facilities, which include municipalities, small businesses, and manufacturers, have contacted the DEQ in response to this initiative. Approximately 45 percent of the facilities no longer discharge to the groundwater or do not need a permit under the current rules, while another 40 percent of the facilities agreed that a permit was needed and agreed to enter into a consent order.

The initiative is also saving taxpayer dollars and increasing the effectiveness of the DEQ’s efforts. The groundwater compliance and permitting program is funded through annual permit fees paid by the regulated community, rather than the state’s general fund. The facilities renewing their permits through this initiative are increasing the agency’s long-term capacity to provide technical and compliance assistance to the regulated community. Maintaining current information on groundwater discharges throughout the state also assists the DEQ in meeting its mandate to protect water quality and the integrity of the state’s natural resources.

Editor’s note: DEQ news releases are available on the department’s Internet home page at www.michigan.gov/deq.

“Protecting Michigan’s Environment, Ensuring Michigan’s Future”

Revised January 12, 2006 by Pat Watson