The Hazardous Waste Section of the Office of Waste Management and Radiological Protection (OWMRP), within the Department of Environmental Quality (MDEQ), has responsibility for issuing hazardous waste limited storage facility operating licenses under the authority of the Natural Resources and Environmental Protection Act. The purpose of this permit is to protect public health and the environment.

A. NAME OF PERMIT OR APPROVAL:

Hazardous Waste Limited Storage Facility Operating License

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, OWMRP

Hazardous Waste Management (R 299.9101 - 299.11107)

D. SUMMARY OF PERMIT/APPROVAL PROCESS:

 1.  Applicability (activities that require the permit)

Prior to constructing and operating a hazardous waste limited storage facility in Michigan, a person must have a hazardous waste limited storage facility operating license. A limited storage facility means a storage facility that meets all the following conditions (Section 324.11103(7)):

• Maximum storage capacity does not exceed 25,000 gallons of hazardous waste
• Storage occurs only in tanks or containers
• Stores not more than 200 containers onsite that have capacity of 55 gallons or less
• Stores hazardous waste onsite for no more than 90 days
• Receives no waste from a treatment, storage, or disposal facility

 2.  Pre-Application Requirements

• Specific design, performance, and construction quality assurance requirements

• Company must manage its hazardous waste in compliance with Part 111 and its administrative rules

 3.  Application Submission Requirements

May be found in Section 324.11122(2) and R 299.9508 and include, but is not limited to the following items:

• Operating License Application Form for Hazardiys Waste Treatment, Storage and Disposal Facilities, MDEQ form number EQP5111 (Application Form and Instructions)

• Detailed engineering design plans and specifications

• A hydrogeological report

• Environmental assessment

• Public notice

• Zoning determination

• Proof of a secured trust fund or other financial instrument to cover the cost of closure and post-closure

• Pollution liability insurance covering releases of hazardous waste

• Application fee

• Environmental monitoring program
• Closure plan

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

• Applicant meets with OWMRP. Hazardous Waste Management Unit staff to review the limited storage facility licensing process and receives MDEQ staff administrative and technical advice on how to prepare an approvable application.  
•      Applicant must conduct a pre-appplication public meeting, summarize the comments received at the public meeting,and show how the application was modified in response to any public comments received (R 299.9511).      

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

• Within 140 days of receipt of a complete limited storage facility operating license application, MDEQ must conduct a site inspection and make a final decision on the operating license.

 5.  Operational Requirements

Licensee must comply with all applicable rules and regulations and stipulations set forth in the license

 6.  Fees

$500

 7.  Appeal Process

• Administrative appeal pursuant to the Administrative Procedure Act, 1969 PA 306, as amended

• Circuit Court

 8.  Public Input Opportunities

Formal procedures are established for public participation in the limited storage facility operating license 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. While public input is sought throughout the review process, a formal public participation process is initiated for the draft license or denial: the MDEQ conducts a public hearing and accepts written comments for at least 45 days. The final decision maker in this process is the Chief of the OWMRP.



E.  Michigan Business One Stop: 

The Michigan Business One Stop (One Stop) is designed to allow businesses to interact with multiple State of Michigan departments in one place.  One Stop can be found on-line at:  www.michigan.gov/business.  One Stop includes a set of screening questions to help your business identify the permits, licenses, and registrations needed in Michigan. We hope you give it a try. Help for using One Stop is as easy as contacting the Customer Assistance Center at 877-766-1779. They are open Monday – Friday from 7 am to 6 pm.

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: 517-284-6562

• 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
  
• For questions regarding OneStop contact the Customer Assistance Center

Creation/Revision Date:

September 2013