Mich. Admin. Code R. 299.9510 - Submittal and processing of operating license applications for existing facilities

Rule 510.

(1) Any person who requires an operating license for an existing facility under part 111 of the act shall complete, sign, and submit, to the director, an application for each license required under R 299.9502, as described in this rule. Persons with interim status currently authorized to operate without a license as provided by R 299.9502 shall apply for operating licenses when required by the director. Procedures for applications, issuance and administration of emergency operating licenses, and research licenses are found exclusively in R 299.9501.

(2) All applicants for operating licenses for existing facilities shall provide the information in R 299.9508 to the director and shall use the application form provided by the director.

(3) The director, or his or her designee, shall not begin the processing of an operating license application for an existing facility until it is complete, except for emergency operating licenses under R 299.9501. An application for an operating license is complete when the director receives an application which includes that information required by R 299.9508. The completeness of any application for an operating license shall be judged independently of the status of any other permit or permit application for the same facility.

(4) When a facility or activity is owned by 1 person, but is operated by another person, it is the operator's duty to obtain an operating license for the existing facility, except that the owner and titleholder of the land shall also sign the license application.

(5) Any hazardous waste treatment, storage, or disposal facility with an effective operating license shall submit a new license application under R 299.9508 not less than 180 days before the expiration date of the existing operating license, unless permission for a later date has been granted by the director. The director shall not grant permission for applications to be submitted later than the expiration date of the existing operating license.

(6) The director shall make a final decision on an operating license application for an existing facility within 140 days after the director receives a complete application.

(7) Before making a final decision on an operating license for an existing facility, the director shall, when authorized under the provisions of 40 C.F.R. part 271, complete the public participation process specified in R 299.9511. The director may extend the 140-day deadline of subrule (6) of this rule to complete this process.

(8) Applicants shall keep records of all data used to complete operating license applications for existing facilities and any supplemental information submitted under R 299.9508 for a period of not less than 3 years from the date the application is signed.

(9) The director may separately license treatment, storage, and disposal facility units at the same facility if these units have different owners or operators or if these units have significantly different impacts or potential impacts on public health and the environment.

Notes

Mich. Admin. Code R. 299.9510

1985 AACS; 1988 AACS; 1998 AACS; 2013 AACS