The Water Bureau (WB), within the Michigan Department of Environmental Quality (MDEQ), has responsibility for issuance of groundwater discharge permits under the authority of Part 31 of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended (Act 451). The purpose of these permits is to ensure that groundwater quality is maintained for all of the protected uses of groundwater pursuant to Section 3109 of Part 31.

A. NAME OF PERMIT OR APPROVAL:

Groundwater Discharge Permit

B. STATUTORY AUTHORITY:

Part 31, Water Resources Protection, Natural Resources and Environmental Protection Act, Public Act 451 of 1994, as amended

Sections 3112 and 3109, Water Resources Protection

C. APPLICABLE REGULATION:

Michigan Administrative Code, Rules Administered by MDEQ, WB

Part 21, Wastewater Discharge Permits (R 323.2101 - 2197)

Part 22, Groundwater Quality (R 323.2201 - 2240)

D. MICHIGAN BUSINESS 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 Michigan transactions in one place. If you ever need assistance with One Stop, then you can contact the Customer Assistance Center at 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)

Any discharge of waste or waste effluent into or onto the ground.

 2.  Pre-Application Requirements

• An authorization from the WB must be obtained prior to discharge of wastewater into or onto the ground, unless the discharge is exempted.

• Discharges must meet groundwater standards contained in the rules

 3.  Application Submission Requirements

• Facility name and type of facility

• Discharge location

• Certification of treatment works operator

• Standard Industrial Classification

• Site Maps

• Water Usage Diagram

• Adjacent Property Owners

• Discharge Volume

• Disposal Method

• Treatment Type

AUTHORIZATION PURSUANT TO RULE 2218:

• Basis of Design for Treatment Works, Rule 2218(2)

• Evaluation of feasibility of alternatives to groundwater, Rule 2219

• Wastewater Characterization, Rule 2220

• Hydrogeologic study, Rule 323.2221

• Sampling and Analysis Plan, Rule 2223

• Irrigation Management Plan, Rule 2233

 4.  Procedures and Time-Frame for Obtaining Permit or Approval

• Applicant submits application (EQP 5305) to the MDEQ per instructions.

• The WB staff completes technical review of application.

• If technical review indicates discharge will be in compliance with Part 22 rules, WB staff prepares draft authorization.

• Rule 2218 Authorization - Public Notice by WB (usually 30 days).

• Rule 2216 Authorization ? Public Notice by Applicant (20 days).

• A public meeting or hearing may be held for a Rule 2216 or 2218 authorization, depending on public input.

• The WB issues or denies permit.

• Section 3122(2) of Part 31 requires that the department grant or deny a permit within 180 days of receipt of an administratively complete application. The applicant and department can agree to extend that time frame. The technical review does not commence until the application is determined to be administratively complete. Incomplete applications are returned to the applicant. Applicants are responsible pursuant to Rule 2206 to provide all information required to make a permit decision.

 5.  Operational Requirements

Applicant must comply with all applicable rules, regulations, conditions, and limitations as set forth in the permit.

 6.  Fees

Anyone holding a state permit for a discharge to groundwater is required to pay an annual fee.

Group 1 discharges are described by Rule 323.2218 of the Michigan Administrative code. The fee for facilities in this group is $3,650.00. These discharges are all individual permits.

Group 2 discharges are described by Rule 232.2210(y), 323.2215, or 323.2216 of the Michigan Administrative Code, or are municipalities with 1000 or fewer residents. The fee for facilities in this group is $1,500.00. Examples of these discharges include:

• Rule 2215 - Sanitary Sewage - above ground treatment (<10,000 gpd)
• Rule 2215 - Vehicle Washes not open to the public (<2,000 gpd)
• Rule 2215 - Slaughterhouses (<2,000 gpd)
• Rule 2215 - Gravel, Sand, Limestone, Dolomite Mining, Oil Field Brine, or Vehicle Washes open to the public (<3,000 gpd)
• Rule 2216 - Sanitary Sewage with Construct Wetland (<20,000 gpd)
• Rule 2216 - Sanitary Sewage Specific Treatment (<50,000 gpd)
• Rule 2216 - Laundromats (<20,000 gpd)

Group 3 discharges are described by R 323.2211 or 323.2213 of the Michigan Administrative Code. The fee for facilities in this group is $200.00. Examples of these discharges include:

• Laundromats (<500 gpd)
• Non-Contact Cooling Water no additives (>10,000 gpd)
• Fruit & Vegetable Washing (<50,000 gpd)
• Portable Power Wash (1,000 gal/mo/acre)
• Groundwater Remediation ? Remediation or Pump Test discharge outside plume
• Non-Contact Cooling Water with additives (<10,000 gpd)
• Egg Washing (<10,000 gpd)
• Contact Cooling Water (< 5,000 gpd)

 7.  Appeal Process

An applicant objecting to conditions in a permit issued by the MDEQ may file a contested case appeal to the State Office of Administrative Rules and Hearings.

 8.  Public Input Opportunities

The decision maker in this process is the Chief of the Groundwater Permit Unit in the Water Bureau. For issuance of complicated and individual groundwater permits, the public involvement process is a formal 30 day public comment period and consists of public notice in a local newspaper. Hearings may be scheduled depending on the amount of public input and the issues involved that are within the control of the department. The public input process for general permits consists of public noticing the general permits statewide every five years. Public input for permits by rule, authorizations issued under rules 2213 and 2211, was provided during the formal rule-making process.

F. ADMINISTERING AGENCY:

Water Bureau, Permits Section, Groundwater Unit, Michigan Department of Environmental Quality, P.O. Box 30273, Lansing, MI 48909-7773

• Program Phone: 517-373-8148

• Program Webpage: www.michigan.gov/deq/0,1607,7-135-3313_4117---,00.html

• Environmental Assistance Center: 1-800-662-9278, e-mail: deq-ead-env-assist@michigan.gov

 

Creation/Revision Date:

October 2010