Solid Waste Disposal Facility Operating License

The Office of Waste Management and Radiological Protection(OWMRP) within theMichigan Department of Environmental Quality (MDEQ) has responsibility for reviewing solid waste disposal area operating license applications under the authority of Part 115 of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended. The purpose of this license is to regulate the operation and maintenance of solid waste disposal areas to protect public health, welfare, and the environment.

A. NAME OF PERMIT OR APPROVAL:   

Solid Waste Disposal Area Operating License

B. STATUTORY AUTHORITY:   

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

C. APPLICABLE REGULATION:   

Michigan Administrative Code, Rules Administered by MDEQ, OWMRP   

Part 115, Solid Waste Management, R299.4101 et seq.   

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)  

Operation of a solid waste disposal area (landfill, processing plant, transfer facility, etc.) that has been constructed in Michiganrequires a license, which expires five years from the date of issuance.

Certain disposal areas or activities are exempt from the licensing 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  

Licensed facilities must be included in the approved county solid waste management plan for the county in which the facility is located. A facility must have an approved construction permit or have been grandfathered into Part 115, in order to obtain a license. The applicant must submit a complete application package to the OWMRP. In Wayne  County, applications can be submitted to the Wayne County Department of Public Services, Land Resource Management Division (DPS,LRMD).

 3.  Application Submission Requirements  

Name and residence of the applicant

Location of the proposed or existing disposal area

Type or types of disposal area proposed

Evidence of bonding: Type III landfills and preexisting Type II landfills are required to have a bond of $20,000 per acre of licensed landfill, up to $1 million. Existing and new Type II landfill financial assurance must equal the cost, in current dollars, of hiring a third party to conduct closure and post closure maintenance and monitoring for 30 years after landfill closure, and, if needed, corrective action. Municipal solid waste incinerator ash landfill financial assurance requirements are the same as for new Type II landfills. Transfer facilities, incinerators, processing plants, or other disposal facilities are required to have financial assurance in the amount of one quarter of one percent of the facility construction costs, and not less than $4,000. Types of bonds that can be used are:

• Surety Bond
• Certificate of Deposit
• Irrevocable Letter of Credit
• Cash Bond
• Trust Fund or Escrow Account
• Insurance
• Financial Test
• Perpetual Care Fund (required of and limited to landfills)

Other information required by rule

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

• Applicant submits application (EQP 5507) to the (ODWMP) district office or, in Wayne  County, to the Wayne County Department of Public Services, Land Resource Management Division. 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 site inspection must be made by a certified health department and/or the MDEQ.

• A final decision must be made on the application within 90 days after the application has been determined to be administratively complete, or the operating license is automatically approved.

 5.  Operational Requirements  

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

 6.  Fees  

License Application Fee: Type II landfill application fees range from $250 to $30,000 depending on the amount of solid waste received at the facility. Type III application fees are $2,500. Processing plants, transfer facilities, and other disposal area application fees are $500.

 7.  Appeal Process  

If an application is for a new license and not a renewal, there is no appeal provision. For renewal of existing licenses, if a sufficient application is submitted prior to the expiration of the existing license, an applicant may request a hearing. The hearing is provided for by the Administrative Procedures Act, 1969 PA 306, as amended.

 8.  Public Input Opportunities  

The decision maker in this process is the Solid Waste and Land Application Section, OWMRP; the decision is based upon recommendations from District Supervisors. Complaints or comments related to a facility may be filed with the MDEQ at any time. The complaints are investigated and if they were validated through a finding of a violation then this would be considered in the decision-making process for approval. Solid waste disposal facilities in Michigancan be found on the program web page.

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, Michigan48184-2803

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