Mich. Admin. Code R. 299.9501 - Operating licenses for new facilities; and expansion, enlargement, or alteration of existing facilities; applicability
Rule 501.
(1)
Except as otherwise specified in R 299.9503, R 299.9524, and subrules (2), (3),
and (4) of this rule, issuance of an operating license by the director shall
occur before any of the following begins:
(a)
The physical construction of a new treatment, storage, or disposal
facility.
(b) The expansion or
enlargement beyond the previously authorized design capacity or area of a
treatment, storage, or disposal facility.
(c) The alteration of the method of treatment
or disposal previously authorized at a treatment or disposal facility to a
different method of treatment or disposal. A change in only the types and
quantity of waste treated, stored, or disposed of, without an expansion,
enlargement, or alteration of the facility, shall not require a new operating
license. Such a change may require modification of the operating license as set
forth in this part or, for facilities operating without a license in accordance
with the provisions of R 299.9502 (3), (4), or (5), submittal by the owner or
operator of a revised part A application before such a change.
(2) Each method of treatment or
disposal requires a separate operating license. Either or both of the following
may be authorized under an operating license for treatment or disposal:
(a) Storage associated with such treatment or
disposal.
(b) Wastewater treatment
facilities treating wastewater generated from the treatment or disposal of a
hazardous waste.
(3) If
the director finds an imminent and substantial endangerment to human health or
the environment, the director may issue a temporary emergency operating license
to a nonlicensed facility to allow treatment, storage, or disposal of hazardous
waste or to a licensed facility to allow treatment, storage, or disposal of a
hazardous waste not covered by an effective operating license. These activities
shall not be subject to the operating license requirements of part 111 of the
act and these rules for new facilities or the expansion, enlargement, or
alteration of existing facilities. An emergency operating license may be oral
or written. If oral, it shall be followed in 5 days by a written emergency
operating license. The emergency operating license may be terminated by the
director at any time if he or she determines that termination is appropriate to
protect human health and the environment. An emergency operating license shall
comply with all of the following requirements:
(a) It shall not exceed 90 days in
duration.
(b) It shall clearly
specify the hazardous wastes to be received and the manner and location of
their treatment, storage, or disposal.
(c) It shall be accompanied by a public
notice published in accordance with R 299.9513, including all of the following
information:
(i) Name and address of the
office granting the emergency authorization.
(ii) Name and location of the licensed
facility.
(iii) A brief description
of the wastes involved.
(iv) A
brief description of the action authorized and the reasons for authorizing
it.
(v) Duration of the emergency
operating license.
(d)
It shall incorporate, to the extent possible and not inconsistent with the
emergency situation, all applicable requirements of this part and part 6. An
emergency operating license shall not be subject to the licensee fees specified
by R 299.9510. The licensee shall pay for the cost of all public notices
required by these rules for the emergency operating license.
(4) The director may issue a
temporary operating license to any person who proposes to utilize, for research
purposes, an innovative and experimental hazardous waste treatment technology
or process for which standards have not been promulgated under these rules.
Such licensed activities shall be exempt from the requirements of part 111 of
the act and these rules for new facilities or the expansion, enlargement, or
alteration of existing facilities, and, for the purpose of expediting the
review and issuance of operating licenses under this subrule, the director may,
consistent with the protection of human health and the environment, modify or
waive the license application requirements of R 299.9508, except that the
director shall not waive rules regarding financial responsibility, including
insurance, or waive the public participation process specified in R 299.9511. A
temporary operating license issued by the director under this subrule shall be
in compliance with all of the following provisions:
(a) Provide for the construction of
facilities, as necessary, and for the operation of the facilities for not more
than 1 year, unless renewed, except that any operating license issued under
this subrule shall not be renewed more than 3 times and each renewal shall be
for a period of not more than 1 year.
(b) Provide for the receipt and treatment by
the facility of only those types and quantities of hazardous waste which the
director determines necessary for purposes of determining the efficacy and
performance capabilities of the technology or process and the effects of such
technology or process on human health and the environment.
(c) Require compliance with the requirements
of part 6 of these rules for any hazardous waste storage, and include such
other requirements as the director deems necessary to protect human health and
the environment, such as requirements regarding any of the following:
(i) Monitoring.
(ii) Operation.
(iii) Insurance or bonding.
(iv) Financial responsibility.
(v) Closure.
(vi) Remedial action.
(d) Include such requirements as the director
deems necessary regarding testing and the providing of information to the
director with respect to the operation of the facility.
(5) A temporary operating license issued
under subrule (3) or (4) of this rule may be terminated by the director at any
time if he or she determines that termination is necessary to protect human
health or the environment.
Notes
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