Solid Waste Disposal Facility Construction Permit

The Office of Waste Management and Radiological Protection (OWMRP), within the Michigan Department of Environmental Quality (MDEQ), has responsibility for reviewing solid waste construction permit applications under the authority of Part 115 of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended. The purpose of this permit is to regulate the design and construction of solid waste disposal facilities so as to protect the environment.

A. NAME OF PERMIT OR APPROVAL:   

Solid Waste Disposal Area Construction Permit

B. STATUTORY AUTHORITY:   

Part 115, Solid Waste Management, Natural Resources and Environmental Protection Act, Public Act 451 of 1994, as amended

C. APPLICABLE REGULATION:   

Michigan Administrative Code, Rules Administered by MDEQ, OWMRP

Solid Waste Management Part 115 (R 299.4101 - 299.4922)   

D. MICHIGANBUSINESS 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 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.

E. SUMMARY OF PERMIT/APPROVAL PROCESS:   

 1.  Applicability (activities that require the permit)  

Construction of a solid waste disposal area (landfill, processing plant, transfer facility, etc.) requires a construction permit.

Certain disposal areas or activities are exempt from the permitting requirement as follows:

• Transfer facilities that are not designed to accept waste from vehicles with mechanical compaction devices or that receive less than 200 non-compacted cubic yards of waste per day, as provided in Section 11529(1)
• Municipal solid waste incinerators that are permitted under Part 55 of Act 451, as provided in Section 11529(3)
• Low-hazard waste piles, construction and demolition waste piles, and contained waste piles, as provided in R 299.4129 and R 299.4130
• Activities that do not constitute solid waste processing, as provided in R 299.4104(r)
• Composting and other management of yard clippings as provided in Section 11521

 2.  Pre-Application Requirements  

A facility must be included in the approved solid waste management plan for the county in which the facility is located. (Exempt transfer facilities and incinerators must also be included in the approved solid waste management plan.)

Before the submission of a construction permit application for a new disposal area, the applicant must request that the OWMRP, or in Wayne  County, the Wayne County Department of Public Services, Land Resource Management Division, provide an advisory analysis of the proposed disposal area.

The applicant must submit a complete application to the OWMRP or in Wayne  County, applications can be submitted to the Wayne County Department of Public Services, Land Resource Management Division 

3.  Application Submission Requirements  

• Name and residence of the applicant

• Location of the proposed disposal area

• The design capacity of the disposal area

• Other information specified by rule, including but not limited to engineering plans and monitoring plans

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

• Applicant submits application (EQP 5506) to the OWMRP district office or, in Wayne  County, to the Wayne County Department of Public Services, Land Resource Management Division (DPS,LRMD) The application fee must be submitted directly to the MDEQ Cashier per the instructions on the application form.

• The applicant must be notified within 30 days of any items necessary to make the application administratively complete, and if the application is determined to be administratively incomplete, it is not processed further until after the applicant submits the required information. A final decision must be made on the application within 120 days after the application has been determined to be administratively complete, or the permit is automatically approved.

 5.  Operational Requirements  

Applicant must comply with all applicable rules and regulations and stipulations set forth in the permit.

 6.  Fees  

• For a Type II landfill: ranging from $750 to $1,500

• For a Type III landfill: ranging from $250 to $1,000

• For a solid waste transfer facility, a solid waste processing plant, or other disposal area: $250 to $1,000

 7.  Appeal Process  

No administrative appeal process is available for a denial of a construction permit application.

 8.  Public Input Opportunities  

When a facility requests a permit, public notification is sent to the local newspaper with major circulation in the area. Notice is also sent the clerk of the municipality where the site is located. The local unit of government or the facility can request a public hearing. In addition, the public can request a public hearing through submittal of a petition to the MDEQ. When a public hearing is scheduled, it is noticed in the DEQ Calendar. The MDEQ accepts comments at the hearing and during the public comment period, which is the best timing for public input.

F. ADMINISTERING AGENCY:   

Office of Waste Management and Radiological Protection, Michigan Department of Environmental Quality, P.O. Box 30241, Lansing, Michigan 48909-7741

Wayne County Department of Public Services, Land Resource Management Division, 3600 Commerce Court, Building E, Wayne, Michigan 48184-2803.    

Office of Waste Management and Radiological Protection District Offices

• Program Phone: 517-335-4035   

• Program Webpage: http://www.michigan.gov/deq/0,1607,7-135-3312_4123---,00.html   

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

   

Creation/Revision Date: May 2013  

 

 

 

 

 

 

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