The Michigan Department of Environmental Quality (MDEQ) requires the submittal of the No Exposure Certification (NEC) for facilities subject to the industrial storm water regulations which claim no exposure of industrial 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, Industrial Storm Water Program

No Exposure Certification (NEC)

B. STATUTORY AUTHORITY:

Part 31, Water Resources Protection of the Natural Resources Environmental Protection Act, PA 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 323.2161).

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)

Facilities with storm water discharges subject to permitting must obtain NPDES permit coverage under the Industrial Storm Water general permit or submit a No Exposure Certification (NEC). Detailed information can be found on the Program webpage.

• No Exposure Certification Guidance

 2.  Pre-Application Requirements

To meet the NEC requirements, facilities can not have any exposure of industrial activity to storm water.

 3.  Application Submission Requirements

The application (NEC) for shall be filled out, signed, and submitted as instructed in the application. The NEC and additional information can be found on the Department webpage.

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

Once a completed application has been received, the Department may inspect the facility to verify the NEC request. Typical time frames are less than 60 days from the receipt of a complete NEC. The Department is not required to respond to the NEC submittal.

NEC's must be renewed every five years.

 5.  Operational Requirements

If circumstances change and industrial materials or activities become exposed to rain, snow, snowmelt, or runoff, or any combination, then the conditions for this exclusion no longer apply. Any conditionally exempt discharger who anticipates changes in circumstances shall apply for and obtain permit authorization before the change of circumstances.

 6.  Fees

There is no application fee for the NEC.

 7.  Appeal Process

Any person to whom the NEC 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 NEC 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_3716-24018--,00.html

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

Creation/Revision Date:

October 2010