R 323.2206 Applicant responsibilities; compliance schedule; standard for municipal wastewater treatment system; renewal, reissuance, or modification of permit establishing effluent or groundwater limitations.

Rule 2206. (1) It is the responsibility of the applicant to provide the information described in these rules as required or necessary for the department to make a decision. (2) Failure to comply with the terms and conditions of an authorization to discharge granted under this part, failure to comply with an applicable monitoring or reporting requirement, or discharging in excess of an applicable standard is a violation of this part. (3) The department shall compile and keep on file a central quarterly listing of all dischargers who have exceeded a standard set by these rules for the concentration of a substance in the effluent or groundwater or who have failed to submit a complete compliance monitoring report as required by a permit. The listing shall identify the discharger and the substance or substances that exceeded the effluent or groundwater standard. In addition, the department shall also maintain records describing the actions taken by the department and the discharger in response to an effluent or groundwater standard being exceeded and the time necessary in each case to return the concentration of the substance in the effluent or groundwater to below the standard set by these rules. The listings and records are subject to Act No. 442 of the Public Acts of 1976, as amended, being §15.231 et seq. of the Michigan Compiled Laws, and known as the freedom of information act. (4) If necessary to secure compliance with this part by a person discharging to groundwater on the effective date of these rules without causing impracticable disruption of the activity causing the discharge, the department may establish a schedule in a permit under which the discharger shall come into compliance with this part during the term of the permit. The department may not authorize a discharge under this subrule unless the discharge meets the requirements of R 323.2204(2)(a). (5) A wastewater treatment system shall not be subject to a more stringent standard than that contained in a permit during the depreciation or amortization of the facility for the purposes of section 167 or 169, or both, of the tax reform act of 1986, as amended, 26 U.S.C. §167 or §169, or both, but not longer than 10 years from the date of permit issuance, if the treatment system meets all of the following conditions: (a) The discharge is appropriately characterized as described in R 323.2220. (b) The treatment system is constructed after the effective date of these rules to meet all applicable standards described in R 323.2222. (c) The discharge is permitted under R 323.2218. (d) The discharge does not create a facility as defined in part 201 at any time during the term described in this subrule. (6) In the case of effluent or groundwater limitations established under a permit issued by the department before the effective date of these rules, a permit may not be reissued or modified on the basis of a standard described in R 323.2222 that is less stringent than the comparable effluent or groundwater limitation in the previous permit. This restriction does not apply to a standard developed under R 323.2222(2)(c). The department may grant an exception to this subrule, taking into account the state?s paramount concern for the protection of its natural resources or the public trust in those resources from pollution, impairment, or destruction, if 1 of the following provisions applies: (a) A less stringent standard is necessary because of events over which the discharger does not have control and for which there is no available remedy. (b) The discharger has installed the treatment facilities required to meet the limitation in the previous permit and has properly operated and maintained the facilities, but has been unable to achieve the previous limitation. In this situation, the reissued or modified permit shall contain a standard that reflects the level of pollutant control actually achieved if the standard is not less stringent than would otherwise be required by R 323.2222. (c) The discharger demonstrates, and the department finds, that the limitation in the prior permit is not economically achievable. In making this demonstration, the discharger shall demonstrate that the cost of maintaining treatment capability and controls in place is not a feasible and prudent alternative to the use of the standard specified in R 323.2222. The department shall specifically solicit public comments on the demonstration in the public notice accompanying the proposed permit reissuance or modification. (d) The standard specified in R 323.2222 is less stringent than the prior limitation because the risk posed by the substance has been reevaluated based on new scientific information.