R 299.9510 Submittal and processing of operating license applications for existing facilities.

Rule 510. (1) Any person that requires an operating license for an existing facility under part 111 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 the director’s 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 that includes that information required by R 299.9508. The completeness of any application for an operating license must be judged independently of the status of another 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 CFR 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.