The Hazardous Waste Management Unit 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) operating licenses under the authority of Part 111 of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended (NREPA). The purpose of this license is to protect public health and the environment.

A. NAME OF PERMIT OR APPROVAL:

Hazardous Waste Treatment, Storage, or Disposal Facility Operating License

B. STATUTORY AUTHORITY:

Part 111, Hazardous Waste Management of the 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)

Prior to operating a hazardous waste treatment, storage, or disposal facility in Michigan, a person must have a hazardous waste management operating license. This license does not apply to the following:

• A 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

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

 3.  Application Submission Requirements

May be found in R 299.9508 and include, but is not limited, to the following items:

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

• Certification by a registered professional engineer that the construction of the treatment, storage, or disposal facility was completed according to plans approved by the MDEQ

• 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

• The same technical design and operating information that is required in a construction permit application

• Environmental Monitoring Program

• Corrective Action

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

• Applicant conducts pre-application public meeting

• Applicant submits application to WHMD, Hazardous Waste Management Unit

• Within 140 days of receipt of a complete operating license application, the 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

 8.  Public Input Opportunities

Formal procedures are established for public participation in the operating license process. For initial operating license applications and renewal applications that propose significant changes in facility operations, 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 WHMD.

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.deq.state.mi.us/wdspi/

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

 

Creation/Revision Date:

October 2010