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The Michigan Department of Environmental Quality (MDEQ) issues Certificates of Coverage (COC) under Michigan's Ballast Water Control General Permit MIG140000. The COC's are issued to owners and/or operators of oceangoing vessels for both port operations and ballast water discharges in Michigan.
A. NAME OF PERMIT OR APPROVAL:
Ballast Water Control General Permit for Port Operations and Ballast Water Discharges
B. STATUTORY AUTHORITY:
Part 31, Water Resources Protection of the Natural Resources Environmental Protection Act, PA 451 of 1994, as amended. (MCL 324.3109)
C. APPLICABLE REGULATION:
Not Applicable
D. MICHIGANBUSINESS ONE STOP:
The Michigan Business One Stop (One Stop) www.michigan.gov/business is a tool designed to allow businesses to interact with the State of Michigan. The tool offers:
- a set of screening questions based upon your business sector to identify permits, licenses and registrations that may be required to do business in Michigan.
- an option to pay fees online. For many programs, you can pay your business license fee in One Stop through use of an online form and shopping cart.
- many online permit applications and renewals. When starting a new business and registering in One Stop, you will need to identify a business sector (also known as a NAICS Code). You can find your code at www.naics.com, select "Code Search." After entering this code in One Stop and answering some screening questions, links to relevant permit applications will automatically be available in your newly created workspace. One benefit of accessing applications through One Stop is that you will receive status messages throughout the application process.
Using the One Stop provides many benefits to businesses in Michigan. By conducting your business through One Stop you can organize your State of Michigantransactions in one place. If you ever need assistance with One Stop, then you can contact the Customer Assistance Centerat 877-766-1779; they are open from 7 am to 6 pm. One Stop is a valuable tool that offers many benefits to business. We hope you give it a try.
E. SUMMARY OF PERMIT/APPROVAL PROCESS:
1. Applicability (activities that require the permit)
The applicability of this permit shall be limited to oceangoing vessels that: a) engage in port operations in Michigan and do not discharge ballast water into the waters of the state; b) discharge ballast water treated by one or more of the ballast water treatment methods determined by the Michigan Department of Environmental Quality (the Department) to be environmentally sound and effective in preventing the discharge of aquatic nuisance species; or c) have not otherwise been determined by the Department to need an individual permit.
2. Pre-Application Requirements
There are no pre-application requirements. Applicants generally do not hire a consultant or shipping agent for assistance with the permit application process, but it may be appropriate in some cases.
3. Application Submission Requirements
The application for permit coverage shall be filled out completely and signed by the applicant or owner of the vessel. If the applicant is not the owner, the vessel operator shall provide written documentation from the owner authorizing the operator to sign the application. The application and appropriate permit application fee shall be submitted to the Department as instructed in the application.
4. Procedures and Time-Frame for Obtaining Permit or Approval
Once the MDEQ Water Bureau receives a complete application from the Department's Cashiers Office, the application will generally be processed and issued within 30 days.
5. Operational Requirements
The permittee shall submit a Port Operations Notification Report to the Department 24 hours prior to a port operation in Michigan. If treated ballast water is discharged, the applicable reporting requirements contained in general permit MIG140000 shall be submitted to the Department within 24 hours following a port departure or ballast discharge.
6. Fees
The current application fee for coverage under the Ballast Water Control General permit is $75. The current permit annual fee is $150 and is billed in December of each year the permit remains in effect.
7. Appeal Process
The Ballast Water Control General Permit was issued October 11, 2006 and expires January 1, 2012. The Department may grant a contested case hearing on any reissuance of the Ballast Water Control General Permit in accordance with the Michigan Act 451, Public Acts of 1994, as amended. Any person to whom the permit is not acceptable may file a sworn petition with the State Office of Administrative Hearings and Rules of the Michigan Department of Licensing and Regulatory Affairs, setting forth the conditions of the permit which are being challenged and specifying the grounds for the challenge. The Department may also grant a contested case hearing on the COC issued to an individual vessel operator under this general permit in accordance with Rule 323.2192(c) of the Michigan Administrative Code.
8. Public Input Opportunities
General permits are public noticed on the MDEQ website under the National Pollutant Discharge Elimination System (NPDES) permit program and include a minimum 30-day public comment period. The draft permits may be obtained via the internet: (www.deq.state.mi.us/owis - click on ‘Permits on Public Notice')
F. ADMINISTERING AGENCY:
MDEQ Water Bureau, P.O. Box 30273, Lansing, Michigan 48909
- Program Phone: 517-241-1346
- Environmental Assistance Center: 1-800-662-9278, e-mail: deq-ead-env-assist@michigan.gov
Creation/Revision Date:
October 2010
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