The Hazardous Waste Section of the Waste and Hazardous Materials Division (WHMD), within the Michigan Department of Environmental Quality (MDEQ), has responsibility for issuing hazardous waste treatment, storage, and disposal facility (TSDF) construction permits under the authority of Part 111 of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended (Act 451). The purpose of this permit is to protect public health and the environment and to ensure that the placement of new hazardous waste facilities considers potential adverse impacts on the local community.

A. NAME OF PERMIT OR APPROVAL:

Hazardous Waste Treatment, Storage, or Disposal Facility Construction Permit

B. STATUTORY AUTHORITY:

Part 111, Hazardous Waste Management, Natural Resources and Environmental Protection Act, Public Act 451 of 1994, as amended

C. APPLICABLE REGULATION:

Michigan Administration Code, Rules Administered by MDEQ, WHMD

Hazardous Waste Management (R 299.9101 - 299.11107)

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)

Construction of any new hazardous waste TSDF or any expansion, enlargement, or alteration of an existing facility requires a construction permit. This permit does not apply to the following:

• Hazardous waste generator that is meeting the regulations applicable to their site's hazardous waste generator category including accumulation requirements and other operations as identified in administrative rule R 299.9503(1)

• Persons engaged in treatment or containment activities during response activity (R299.9503(2))

• Persons engaged in activities that are deemed to have an operating license (R 299.9503(3))

• Persons exempt by the director for conducting certain activities (R 299.9503(4))

 2.  Pre-Application Requirements

Specific design, performance, and construction quality assurance requirements for each type of facility

 3.  Application Submission Requirements

May be found in R 299.9504 and include, but is not limited to, the following items:

• Application Form for Construction Permits and Operating Licenses, MDEQ form EQP5111

• Detailed engineering design plans and specifications

• A hydrogeological report

• Environmental assessment

• Disclosure statement

• Public notice

• Closure plan

• Waste analysis plan

• Inspection schedule

• Contingency plan

• Environmental monitoring plan

• Application fee

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

• Applicant meets with WHMD, Hazardous Waste Management Unit staff, to review the construction permit process and receive MDEQ staff administrative and technical advice on how to prepare an approvable application.

• Applicant submits application to WHMD, Hazardous Waste Management Unit.

• The WHMD reviews for administrative completeness and technical adequacy; and, if adequate, within 120 days refers the application to a ten-member Site Review Board (SRB). Two of the nine voting positions are appointed by the county and municipality in which the facility is located.

• The Site Review Board evaluates the impact that the proposal will have on the local community and makes a recommendation to the director to either approve or deny the application within 180 days after the first meeting of the SRB.

 5.  Operational Requirements

• Permittee must comply with statutes, rules, and all permit requirements.

• Permittee must obtain a Hazardous Waste Management Facility Operating License from the MDEQ after construction is complete and before managing hazardous waste.

 6.  Fees

• Application fee calculated on flat fee of cost-of-review basis (flat fee ranges from approximately $7,000 - $10,000 depending on type and size of facility).

• SRB fee of $25,000 due if the application is referred to the SRB. Any unused portion is returned to the applicant at the completion of the review process.

 7.  Appeal Process

Circuit Court

 8.  Public Input Opportunities

Formal procedures are established for public participation in the construction permit process. The public is notified about the project before the application is submitted to the MDEQ. Through newspaper and radio advertising, the applicant notifies the public of the pending application, and the applicant also conducts a pre-application informational meeting. Once the application is received by the MDEQ, a mailing list is developed to keep interested persons informed of significant actions during the permitting process. The MDEQ also uses newspaper and radio advertising and the Internet to keep the public informed and to announce public input opportunities. Public input is sought on three occasions: 1) during the MDEQ technical review; 2) during the SRB review; and 3) when the MDEQ issues a draft permit or denial. The MDEQ solicits written comments and conducts a public hearing within 60 days after it receives a complete application. This initial public hearing affords the public an opportunity for input during the MDEQ's technical review of the facility and before the application is referred to a SRB. Once an application is referred to a SRB, the SRB conducts a public hearing and accepts written comments for at least 45 days. The SRB public hearing affords the public an opportunity to identify issues it wants the SRB to consider when evaluating the potential adverse impacts of the facility on the local community. In addition, the SRB typically calls on the public and representatives of the local community for testimony during public meetings scheduled throughout its review process, a process that can span more than six months. After the SRB has made its recommendation, the MDEQ conducts a final public hearing and accepts written comments for at least 45 days. This final public hearing affords the public an opportunity to comment on the draft permit or denial. The final decision-maker is the MDEQ Director.

F. ADMINISTERING AGENCY:

Waste and Hazardous Materials Division, Hazardous Waste Management Unit, Michigan Department of Environmental Quality, P.O. Box 30241, Lansing, Michigan 48909-7741

• Program Phone: 517-373-9875

• Program Webpage: http://www.michigan.gov/deq/0,1607,7-135-3312_4118_4240-8987--,00.html

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

 

Creation/Revision Date:

October 2010