The Water Bureau (WB), within the Michigan Department of Environmental Qualilty (MDEQ), has responsibility for a permitting process regulating new or increased large quantity water withdrawals over an established baseline capacity under the authority of Part 327, Great Lakes Preservation, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended (NREPA). The purpose of this permit is to manage, protect, and conserve the waters of the state for the public trust, interest, and riparian rights.

A. NAME OF PERMIT OR APPROVAL:

Water Withdrawal Permit

B. STATUTORY AUTHORITY:

Part 327, Great Lakes Preservation, Natural Resources and Environmental Protection Act, Public Act 451 of 1994, as amended

C. APPLICABLE REGULATION:

Not Applicable

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)

• The permit is required of new withdrawals from the waters of the state of over 2,000,000 gallons per day capacity. In environmentally sensitive areas, a permit is required of all new large quantity withdrawals.

• Exceptions to permit applicability include: (1) community water supplies holding a permit under the Safe Drinking Water Act, 1976 PA 399, (2) seasonal withdrawals of not more than 2,000,000 gallons per day average in any consecutive 90-days, (3) bottled drinking water operations that receive approval by the MDEQ under a water source review conducted under the Safe Drinking Water Act.

 2.  Pre-Application Requirements

Determination that the withdrawal is not likely to cause an adverse resource impact

 3.  Application Submission Requirements

Completed application form including:

• The place and source of the proposed withdrawal

• The location of any discharge or return flow

• The location and nature of the proposed water use

• The estimated average annual and monthly volumes and rates of withdrawal

• The estimated average annual and monthly volumes and rates of consumptive use

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

Upon receipt of the permit application (form number EQP5947) by the WB, forms are checked for completeness. If additional information is required, the applicant is contacted in writing in order to obtain the necessary information.

The completed application is reviewed and a permit authorization will be granted if the following conditions are met:

• All water withdrawn, less any consumed, is returned to the source watershed after use
• No individual or cumulative adverse resource impacts will result
• The withdrawal is implemented in accordance with all applicable local, state, and federal laws as well as all legally binding interstate and international agreements
• The proposed use is reasonable under common law principles of water law in Michigan
• The applicant has self-certified they are in compliance with environmentally sound and economically feasible water conservation measures applicable to their water use sector or specifically to their proposed withdrawal
• No violation of public or private rights or of limitations imposed by Michigan water law or common law duties will occur

The MDEQ shall provide public notice of all applications received.

The MDEQ shall make a decision whether to grant or deny a permit within 120 days of receipt of an administratively complete application.

 5.  Operational Requirements

The permitted withdrawal must report annual water use on an ongoing basis. The withdrawal must continue to not cause an adverse resource impact.

 6.  Fees

Until February 28, 2011, the required fee is $2,000.

 7.  Appeal Process

An applicant who is aggrieved by a determination of the MDEQ may request a contested case hearing by way of a sworn petition. The MDEQ shall issue a final decision on granting a hearing within 6 months after receipt of the petition, and that decision is subject to judicial review.

 8.  Public Input Opportunities

Permit application determinations will be posted to the Water Withdrawal and Use Reporting website. The best opportunity for public input is the public notice period upon receipt of a permit application by the MDEQ. Public comment can also be received after the determination has been made and posted to the program website. The decision maker in the water withdrawal permit issuance process is the Drinking Water and Environmental Health Section Chief in the WB, although it can be elevated to the MDEQ Office of the Director when considering controversial decisions that have significant policy impact.

F. ADMINISTERING AGENCY:

Water Bureau, Michigan Department of Environmental Quality, P.O. Box 30273, Lansing, Michigan 48909-7773

• Program Phone: 517-241-1435

• Program Webpage: www.michigan.gov/deq/0,1607,7-135-3313_3677_3704---,00.html

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

 

Creation/Revision Date:

October 2010