R 299.9518 Operating license for existing facilities; denial.

Rule 518. (1) The director shall deny an application for an operating license for an existing facility if the operation of the treatment, storage, or disposal facility for which the license is sought will violate part 111 or these rules. (2) The applicant is on notice that, in addition to any other of these rules, the director shall deny an operating license application for an existing facility if any of the following occur: (a) Notwithstanding the receipt of the certification of construction required by sections 11123(2) and 11125(9) of the act, MCL 324.11123 and 324.11125. the facility has not been constructed according to the plans approved by the director, the requirements of part 111 or these rules, or the stipulations and conditions of the approved operating license for an existing facility. (b) The existing construction or operation of an existing facility or facility newly subjected to the licensing requirements of part 111 and these rules presents a hazard to the public health or the environment. (c) The applicant has not submitted sufficiently detailed or accurate information to enable the director to make reasonable judgments as to whether the license should be granted. (3) The criteria specified for license revocation pursuant to the provisions of R 299.9519 are causes for denial of an operating license renewal application. (4) When an application is denied, the applicant shall be notified, in writing, of the reasons for denial. (5) If an initial operating license application is denied, the applicant shall cease all hazardous waste treatment, storage, limited storage, and disposal activities at the facility for which the application was submitted and perform closure in accordance with R 299.9613 for all hazardous waste treatment, storage, limited storage, and disposal units at the facility for which the application was submitted. On denial of an initial operating license application, the applicant may seek judicial review pursuant to the provisions of section 631 of act 236, MCL 600.631. Initial operating license applications must include those applications for facilities for which interim status has been obtained pursuant to the provisions of 40 CFR 270.70. (6) If a renewal operating license application is denied, the applicant shall cease all hazardous waste treatment, storage, limited storage, and disposal activities at the facility for which the application was submitted and perform closure in accordance with R 299.9613 for all hazardous waste treatment, storage, limited storage, and disposal units at the facility for which the application was submitted, unless the applicant appeals the denial and initiates proceedings pursuant to the applicable provisions of act 236 or act 306. If the applicant initiates proceedings pursuant to the applicable provisions of act 236 or act 306 and the denial is upheld pursuant to the proceedings, the applicant shall cease all hazardous waste treatment, storage, limited storage, and disposal activities at the facility for which the application was submitted and perform closure in accordance with R 299.9613 for all hazardous waste treatment, storage, limited storage, and disposal units at the facility for which the application was submitted.