The Michigan Department of Environmental Quality (MDEQ) authorizes NPDES permit coverage to facilities which discharge storm water associated with construction activity.

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

Construction Storm Water Coverage under Permit-by-Rule

B. STATUTORY AUTHORITY:

Part 31, Water Resources Protection of the Natural Resources Environmental Protection Act (NREPA), Public Act 451 of 1994, as amended.

Federal Water Pollution Control Act, 33 U.S.C. 1251, et seq. (Clean Water Act)

C. APPLICABLE REGULATION:

Water Resources Protection - Part 21, Wastewater Discharge Permits (R 323.2101 - 323.2197) (Rule 323.2190).

Title 40 Code of Federal Regulations, Part 122, EPA Administered Permit Programs: The National Pollutant Discharge Elimination System (40 CFR 122.26)

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 activities for sites five acres or more of land disturbance with storm water discharges must submit a Notice of Coverage (NOC) to obtain NPDES permit authorization. Sites with less than 5 acres of disturbance have NPDES authorization automatic once they have obtained a Soil Erosion and Sedimentation Control (SESC) Permit. Detailed information can be found on the Program webpage.

 2.  Pre-Application Requirements

A SESC Plan must be developed and approved by the SESC Agency. In addition, a SESC Permit is required prior to obtaining NPDES construction storm water authorization.

 3.  Application Submission Requirements

For construction sites five acres or more, an administrative complete NOC must be submitted prior to the commencement of earth disturbance. A site map, copy of the SESC Permit, SESC Plan and $400 must be submitted with the NOC.

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

Once the Department receives an administratively complete NOC and required submittals, coverage is automatic. For sites less than five acres of land disturbance, no NOC is required. NPDES authorization is automatic once the SESC Permit has been obtained.

 5.  Operational Requirements

The NOC requires compliance with Rule 323.2190, Wastewater Discharge Permits, of the Part 21 Rules. In addition, the Rule requires the site to be inspected weekly and within 24 hours of a rain event that causes a discharge. Inspection observations are required to recorded and available for public inspection.

Reissuance:

The NOC can be reissued upon expiration of the local SESC permit or after the 5 year expiration of the NOC by submittal of a reissuance application and a $400 fee. These documents should be sent to WB, Permits Section.

Termination:

Once the site has been stabilized, the Storm Water Notice of Termination (NOT) should be submitted to the WB District Office. This will trigger an inspection by WB district staff and if appropriate the termination will be issued.

 6.  Fees

There is a one time application fee of $400.00 for the NOC.

 7.  Appeal Process

Any person to whom the permit is not acceptable may file a sworn petition with the 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 NREPA. 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

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

• Program Webpage: www.michigan.gov/deq/0,1607,7-135-3313_3682_3716-23997--,00.html

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

 

Creation/Revision Date:

October 2010