The Materials Management Division within the Michigan Department of Environment, Great Lakes, and Energy (EGLE) has responsibility for reviewing and issuing a registration and permit under the Uniform Program for Liquid Industrial By-Products transportation under the authority of the Hazardous Materials Transportation Act, 1998 PA 138.
NAME OF PERMIT OR APPROVAL: Uniform Program for Liquid Industrial By-Products Transportation Registration and Permit.
STATUTORY AUTHORITY: Hazardous Materials Transportation Act, Public Act 138 of 1998 (Act 138).
APPLICABLE REGULATION: Act 138, Section 29.473.
SUMMARY OF PERMIT REGISTRATION APPROVAL PROCESS:
Applicability (activities that require the permit): Any transporter who removes and transports liquid industrial by-products (other than their own generated liquid industrial by-product(s)) from one generator site to another must be registered and permitted. Any person contracting with another to remove liquid industrial by-products must contract with a registered and permitted transporter.
Pre-Application Requirements: Transporter must obtain a registration and permit to transport Liquid Industrial By-Products unless transporter has a Uniform Hazardous Waste Registration and Permit; then only a registration is required. Permit expires three years from date of issuance. Registration expires one year from date of issuance. Both permit and registration must be effective (not expired) for the liquid industrial by-products transport to be authorized.
Application Submission Requirements: Motor Carrier Registration and Permit Application for the Uniform Program for Liquid Industrial By-Product Transportation, Form EQP 5122. Liquid Industrial By-Product Program Fee Worksheet, Attachment A to EQP 5122. Financial responsibility, bodily injury, and property damage to third parties caused by accidental occurrences. Liability coverage for accidental occurrences not less than $750,000. Oil listed in 49 CFR 172.101 must have a minimum insurance of $1,000,000. A motor carrier with fleets including only vehicles under 10,000 pounds gross vehicle weight shall have and maintain fleet liability coverage for accidental occurrences in an amount not less than $300,000. An MCS90 form is required.
Procedures and Time-Frame for Obtaining Permit or Approval: Applicants are encouraged to pay online at the Liquid Industrial By-Product Transporter Payment Website. Applicant must submit the application, a copy of the receipt showing the payment, and all attachments by email (Ray1@michigan.gov), fax (586-753-3831) or by mail to:
Ms. Sandra Ray
Materials Management Division
Michigan Department of Environment, Great Lakes, and Energy
2700 Donald Court
Warren, MI 48902
Or, applicant submits application(s) and fee(s) to EGLE, Cashiering, P.O. Box 30657, Lansing, MI 48909. Application must be complete and timely (received 90 days prior to expiration). Final registration and permitting decision is made by EGLE after complete review of the application and available information. Generally, as specified in the Alliance for HazMat Transportation procedures, a registration and permit can be issued in 90 days.
Operational Requirements: Applicant must comply with all applicable rules and regulations.
Fees: $500 for permit (every 3 years); $50 for each power unit based on the apportioned Liquid Industrial By-Product activity (annual); $50 processing fee (annual).
Appeal Process: The applicant with a current registration and permit credential, making a timely and complete application, who receives notice that EGLE intends to deny the renewal may request a contested case hearing by submitting a petition to the State Office of Administrative Hearings and Rules within 10 days of the notice of denial. The petition can be obtained on the internet. If the application is for a new registration and permit and not a renewal, there is no appeal provision. The hearing is a provision of the Administrative Procedures Act, 1969 PA 306, as amended.
Public Input Opportunities: The decision-maker in this process is the Transporter Manager in the Materials Management Division. Complaints or comments related to a transporter may be filed with EGLE at any time. The complaints are investigated and considered upon receipt and in the annual decision-making process for renewal.
ADMINISTERING AGENCY: Materials Management Division, Michigan Department of Environment, Great Lakes, and Energy, Southeast Michigan District Office, 27700 Donald Court, Warren, Michigan 48092.