Reminder to notify DEQ if your Large Quantity Withdrawal is different than authorized
You must notify the DEQ if your Large Quantity Withdrawal (LQW) is installed or put into operation differently than authorized either by the Water Withdrawal Assessment Tool (WWAT) or by a site-specific review (SSR). These differences can include any or all of the following:
- Changing from a direct surface water withdrawal to groundwater or vice versa.
- Changing the location of the withdrawal.
- Changing the top of well screen depth (for a well in a glacial aquifer) or the bottom of the well casing depth (for an open borehole bedrock well) for a groundwater withdrawal.
- Changing from a bedrock well to a glacial well or vice versa.
- Changing the rated pump capacity for the withdrawal.
- Changing the pumping schedule for the withdrawal.
Changing any of the conditions of an authorized LQW may affect whether the authorization is still valid. If the original LQW was authorized by the WWAT, the property owner must rerun the WWAT using revised information for the withdrawal and notify the DEQ of the corrected data and the corrected results. This is required by Subsection 32706b (5) of Part 327, Great Lakes Preservation, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended (NREPA).
A LQW that was originally authorized by a SSR must request a new SSR for the corrected LQW information. This is required by Subsection 32706c (7) of the NREPA.
Please contact DEQ Water Use Program Staff for assistance in revising an existing withdrawal. Here is a link to contact information for the DEQ Water Use Program Staff: https://www.michigan.gov/deq/0,4561,7-135-3313_3684_45331-305198--,00.html.
If the revised withdrawal conditions change, the withdrawal must be authorized either through the WWAT or by a SSR before being put into operation, as required by Sections 32706b and 32706c of the NREPA. A LQW that is likely to cause an ARI is prohibited from operating under Subsection 32721 (1) of the NREPA.
Failure to run the revised withdrawal information through the WWAT and notify DEQ of the results or to obtain a new SSR authorization is a violation of Part 327 of the NREPA. The enforcement authority found in Section 32713 of the NREPA includes the following:
- Requesting that the Department of Attorney General commence a civil action for appropriate relief, including a permanent or temporary injunction; and/or
- A civil fine of not more than $10,000 per day of violation for a person who knowingly violates the ARI prohibition in Section 32721; or
- A civil fine of not more than $1,000 for all other violations of Part 327 of the NREPA; and
- The Department of Attorney General may file a suit to recover the full costs of surveillance and enforcement by the State of Michigan resulting from the violation(s).