Michigan Department of Environmental Quality (MDEQ) issues NPDES permit coverage, or No Potential to Discharge Determinations (NPTDDs) to Concentrated Animal Feeding Operations (CAFOs).

New!  Applications for these tasks are submitted and paid for online through the Michigan Business One Stop portal.

A. NAME OF PERMIT OR APPROVAL:

National Pollutant Discharge Elimination System (NPDES) Permit Program

B. STATUTORY AUTHORITY:

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

C. APPLICABLE REGULATION:

Michigan Administrative Code, Rules Administered by MDEQ, WB

Wastewater Discharge Permits (R 323.2196)

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)

All CAFOs in Michigan must obtain NPDES permit coverage, either an individual permit or a certificate of coverage (COC) under the CAFO general permit. A few CAFOs may qualify for a NPTDD from the Department. CAFOs issued a NPTDD do not need an NPDES permit. CAFOs are defined in Rule 323.2196 and in the CAFO general permit. Links to both can be found on the Department's CAFO webpage

 2.  Pre-Application Requirements

There are no pre-application requirements. Applicants may hire a consultant for assistance with the permit application process.

 3.  Application Submission Requirements

The application for permit coverage shall be filled out, signed, and submitted with the application fee as instructed in the application. Links to permit and NPTDD applications and CAFO-specific instructions can be found on the Department's CAFO webpage.

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

Once a completed application has been received, the Department has up to six months to issue permit coverage or deny the application. Typical time frames are less than that, 2 ? 3 months for issuance of a COC and 4-5 months for an individual permit.

 5.  Operational Requirements

CAFO permits allow certain discharges under very limited circumstances. CAFO permits contain requirements for design, operation and maintenance of storage structures, land application requirements and a requirement to develop and submit a CNMP. For details click "Large CAFO General Permit" on the Department's CAFO webpage. Other informational and guidance documents are available on that webpage.

 6.  Fees

The current application fee for CAFO permits is $75 for COCs and $400 for individual permits. The current permit annual fee is $150 for COCs and $600 for individual permits and is billed in December of each year the permit remains in effect. There are no fees for NPTDDs.

 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 Labor and Economic Growth, 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.

F. ADMINISTERING AGENCY:

MDEQ Water Bureau, P.O. Box 30273, Lansing, Michigan 48909

• Program Phone: 517-241-1346

• NPDES Program Webpage: www.michigan.gov/deq/0,1607,7-135-3313_3682_3713---,00.html

• CAFO Program Webpage: www.michigan.gov/deq/0,1607,7-135-3313_3682_3713-96774--,00.html

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

Creation/Revision Date:

October 2010