NPDES (Non-Storm Water) Permit
The Water Resources Division (WRD), within the
Michigan Department of Environmental Quality (MDEQ), has responsibility for processing NPDES permits under the authority of the Federal Water Pollution Control Act and Part 31 of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended. The purpose of this permit is to control the discharge of pollutants into surface waters of the state to protect the environment.
A. NAME OF PERMIT OR APPROVAL:
National Pollutant Discharge Elimination System (NPDES) Permit
B. STATUTORY AUTHORITY:
Federal Water Pollution Control Act, 33 U.S.C. 1251, et seq. (Clean Water Act)
Part 31, Water Resources Protection, Natural Resources and Environmental Protection Act, Public Act 451 of 1994, (formerly Public Act 245 of 1929, as amended)
C. APPLICABLE REGULATION:
Title 40 Code of Federal Regulations, Part 122, EPA Administered Permit Programs: The National Pollutant Discharge Elimination System
Michigan Administrative Code Implemented by Water Resources Division
Water Resources Protection -- Part 4. Water Quality Standards (R 323.1041 - 323.1117)
Water Resources Protection -- Part 8. Water Quality-Based Effluent Limit Development for Toxic Substances (R 323.1201 - 323.1221)
Water Resources Protection -- Part 21.Wastewater Discharge Permits (R 323.2101 - 323.2197)
Water Resources Protection -- Part 24. Land Application of Biosolids (R 323.2401 - 323.2418)
D. SUMMARY OF PERMIT/APPROVAL PROCESS:
1. Applicability (activities that require the permit)
Any discharge of waste, waste effluent, and certain categories of storm water runoff into the surface waters of Michigan.
2. Pre-Application Requirements
Re-Issuance Applications
Review current NPDES permit and confirm that:
- All required monitoring and reporting have been completed
- Determine if there are any changes proposed for the facility which will impact the currently *authorized discharge volume and/or quality.
First-Time Applications
First time applicants should utilize the services of a consultant experienced in the preparation of NPDES applications and/or schedule a pre-submittal meeting with the Water Resources Division Permits section.
3. Application Submission Requirements
The NPDES application has five sections and an appendix. The appendix contains instructions, required analytical information and fee category/amounts.
- Section I - General Information - must be completed by all applicants.
- Section II - Sanitary Wastewater - applicants requesting authorization to discharge treated sanitary wastewater must complete this section. This includes Publicly Owned Treatment Works (POTWs), Manufactured Housing Communities, Campgrounds, Condominiums, Hotels/Motels, Nursing Homes, etc. where the wastewater would be consistent with typical residential wastes.
- Section III - Industrial and Commercial Wastewater - applicants requesting authorization to discharge treated industrial/commercial wastewaters must complete this section.
- Section V - Concentrated Animal Feeding Operations (CAFO) - this section is applicable to only CAFOs. See also CAFO Permit
Applicants requesting authorization for a new and/or increased discharge must also submit an Anti-degradation Statement and Demonstration. The anti-degradation statement is required for all new/increased uses, exemptions from providing the demonstration under specific conditions.
Applications and appropriate fee shall be submitted to the MDEQ Cashiers Office at the address provided in the application.
4. Procedures and Time-Frame for Obtaining Permit or Approval
- The Department has application processing time-frames specified in statute. The department has 30 days to determine if an application for a new/increased use is complete or request additional information from the applicant.
- Within 180 days of determining that an application for a new/increased use is complete the department must either deny the application or issue an NPDES permit. Included in the 180 day time-frame is a 30 day public notice period allowing for public comment and input on the proposed permit and the anti-degradation demonstration. Based on significant public interest or a formal request the department may schedule a public hearing on the draft permit. Notification of a public hearing must be made 30 days prior to the hearing date. Comments received during the public notice and/or the public hearing may result in changes to the proposed permit.
- The department has 90 days to determine if a re-issuance application is complete or request additional information from the applicant.
- The Department process applications for re-issuance of NPDES permits on a watershed basis. This allows the department to review and consider the cumulative effects of all the permitted discharges to a specific receiving water body. The permittee must submit a complete application for re-issuance by the date specified in their NPDES Permit.
- The public notice and public hearing requirements apply to applications submitted for re-issuance.
- Based on a review of an application the Department may determine that the proposed discharge can be authorized using one of Michigan's NPDES General Permits. The Department currently utilizes the following general permits:
- Wastewater From Clean-up of Water Contaminated by Gasoline and Related Petroleum Products.
- Non-Contact Cooling Water
- Sand and Gravel Mining Wastewater
- Secondary Treatment Wastewater
- Wastewater Stabilization Lagoon Effluent
- Wastewater from Municipal Potable Water Supply
- Hydrostatic Pressure Test Water
- Land Application of Biosolids
- Concentrated Animal feeding Operations
- Public Swimming Pool Wastewater
- Applications are reviewed and, if administratively complete and the proposed discharge meets the criteria for coverage under a general permit, staff will contact the applicant and explain that the proposed discharge can be authorized under a General permit. The applicant will be requested to agree to coverage under the General Permit.
- Following the applicant's agreeing to accept coverage under the general permit, staff will proceed to process a Certificate of Coverage (COC). The time expected to issue a COC will normally be significantly shorter than the time-frame to issue an individual permit.
5. Operational Requirements
- Applicant must comply with all applicable rules and regulations and requirements set forth in the permit.
- To remain in compliance with an NPDES permit, a permit holder must meet specified effluent limitations, fulfill monitoring and reporting requirements, and meet all other conditions of the permit.
6. Fees
Permit Application & One Time Fees
- EPA major facility, individual permit: $750.00
- EPA minor facility individual permit, CSO permit or wastewater stabilization lagoon individual permit: $400.00
- EPA minor facility, general permit: $75.00
- Notice of Coverage, Construction Storm Water: $400.00
Annual Permit Fees
EPA Major Facility Fees
- Industrial-Commercial facilities: $8,700.00
- Municipal 500 MGD or greater: $213,000.00
- Municipal 50 MGD to less than 500 MGD: $20,000.00
- Municipal 10 MGD to less than 50 MGD: $13,000.00
- Municipal less than 10 MGD: $5,500.00
EPA Minor Facility Fees
- Industrial-Commercial General Permit, high-flow: $400.00
- Industrial-Commercial General Permit, low-flow: $150.00
- Industrial-Commercial Individual Permit, high-flow: $3,650.00
- Industrial-Commercial Individual Permit, low-flow: $1,650.00
- Municipal, 10 MGD or greater: $3,775.00
- Municipal, 1 MGD to less than 10 MGD: $3,000.00
- Municipal, less than 1 MGD: $1,950.00
- Municipal, General Permit, high-flow: $600.00
- Municipal, General Permit, low-flow: $400.00
- Municipal CSO: $6,000.00
- Wastewater Stabilization Lagoon: $1,525.00
Agricultural Purpose Fees
- Individual or General Permits: $600.00
Unless the facility is an: EPA Major Facility (excluding Farmers' Cooperative Corporations): $8,700.00 Or an EPA Minor Facility (must qualify for a low-flow general permit): $150.00
7. Appeal Process
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 grant a contested case hearing based on those challenges in accordance with the Michigan Act 451, Public Acts of 1994, as amended. The Department may also grant a contested case hearing on a COC issued under a general permit in accordance with Rule 323.2192(c) of the Michigan Administrative Code.
8. Public Input Opportunities
Individual permits are public noticed for a minimum 30-day public comment period and COCs for 14 days on the MDEQ website under the National Pollutant Discharge Elimination System (NPDES) permit program. The draft permits or COCs may be obtained via the internet: (http://www.deq.state.mi.us/owis - click on ‘Permits on Public Notice'). A public hearing may be held upon request and if determined appropriate by the Department. A citizens guide has been developed for this program, it is called A Citizens Guide to Water Quality Permitting: Understanding the National Pollutant Discharge Elimination System (NPDES) Program and Its Role in Michigan.
E. ADMINISTERING AGENCY:
Water Resources Division Michigan Department of Environmental Quality P.O. Box 30273 Lansing, Michigan 48909-7773
- Program Phone: 517-241-1346
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.
Creation/Revision Date:
August 2011
