R 299.9509 Submittal and processing of operating license applications for new facilities or the expansion, enlargement, or alteration of existing facilities.

Rule 509. (1) Any person that requires an operating license for a new facility or the expansion, enlargement, or alteration of an existing facility under part 111 shall complete, sign, and submit, to the director, an application for each operating license for a new facility or expansion, enlargement, or alteration of an existing facility required under R 299.9501 as described in this rule. All applicants for operating licenses for new facilities or the expansion, enlargement, or alteration of existing facilities must provide the information in R 299.9504 to the director on the application form provided by the director. (2) The director shall not begin processing an operating license application for a new facility or the expansion, enlargement, or alteration of an existing facility until the application is complete. An application for an operating license for a new facility or the expansion, enlargement, or alteration of an existing facility is complete when the director receives an application that includes all the information required by section 11123(2) of the act, MCL 324.11123, and R 299.9504. The completeness of any application for an operating license for a new facility or the expansion, enlargement, or alteration of an existing facility must be judged independently of the status of another permit or permit application for the same facility. The statutory timetable of section 11125(4) of the act, MCL 324.11125, and the timetable of subrule (4) of this rule begins upon receipt of a complete operating license application for a new facility or the expansion, enlargement, or alteration of an existing facility. (3) 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 a new facility or the expansion, enlargement, or alteration of an existing facility, except that the owner and titleholder of the land shall also sign the permit application. (4) The director, or the director’s designee, shall notify the applicant within 30 days after receipt of an operating license application for a new facility or the expansion, enlargement, or alteration of an existing facility. The notification must include the date of receipt and whether any required items of an administrative nature were missing. This notice will not include all areas where the application is technically incomplete. (5) The director, or the director’s designee, shall notify the applicant of the operating license for a new facility or the expansion, enlargement, or alteration of an existing facility status within 75 days after the complete application is received. (6) The director shall recommend approval or deny an operating license application for a new facility or the expansion, enlargement, or alteration of an existing facility within 120 days after the director receives a complete application. (7) If the director intends to deny the operating license application for a new facility or the expansion, enlargement, or alteration of an existing facility, the director, or the director’s designee, shall commence a public participation process in accordance with R 299.9511. (8) The director shall either prepare a draft operating license for a new facility or the expansion, enlargement, or alteration of an existing facility or deny the operating license. The director shall commence a public participation process in accordance with R 299.9511. (9) Applicants shall keep records of all data used to complete operating license applications for new facilities or the expansion, enlargement, or alteration of existing facilities and any supplemental information submitted under R 299.9504 for a period of not less than 3 years from the date the application is signed.