R 299.2912 Treatment facility classification and collection system changes.

Rule 12. (1) If 1 or more of the conditions described by subrule (2) of this rule exist or are imminent, the department may change the classification of a treatment facility or collection system after notice and opportunity for hearing on the proposed action not less than 60 days before the classification change. Hearings conducted by the department pursuant to this subrule must be undertaken according to hearing procedures prescribed by part 5 of these rules. (2) The department may change the classification of a treatment facility or collection system after finding that any of the following or a combination has occurred or is expected to occur within 60 days: (a) The population being served by the treatment facility or the collection system has changed. (b) There has been incorporated within the treatment facility or collection system special features of design or characteristics that render the treatment facility or collection system more difficult to operate. (c) Certain wastes are being treated within the treatment facility that require special treatment facility design or operation procedures. (d) Conditions of flow or use of the receiving waters require an unusually high degree of treatment facility operational control.