R 323.2218 Discharge permits.

Rule 2218. (1) The department shall issue a permit for a discharge other than a discharge meeting the requirements of R 323.2210 to R 323.2217, but meeting the requirements of R 323.2204, under the terms of R 323.2208 and this rule. (2) To be permitted under this rule, a discharge shall meet the requirements of R 323.2204, R 323.2220 to R 323.2222, and, if applicable, R 323.2233 and R 323.2237. In addition, the proposed system for treating the wastewater to be discharged shall have sufficient hydraulic capacity and detention time to adequately treat the anticipated organic and inorganic pollutant loading. To demonstrate that these requirements are met, at the time of application a permit applicant shall submit a basis of design for the treatment system. The basis of design shall include all of the following information: (a) The volume of wastewater to be treated per unit of time. (b) An analysis of the influent, or a description of the anticipated influent, including the substances to be treated to meet the requirements of R 323.2222 and the concentrations of the substances. (c) A description of the existing or proposed treatment, or both, including, where applicable, the following: (i) The treatment methods before discharge, based on treatment classifications for certified operators developed under R 323.1251 to R 323.1258 and implementing part 31 for an industrial or commercial entity or developed under R 299.2911 to R 299.2927 and implementing part 41 of the act for a sewage treatment works operated by a municipality. (ii) To the extent applicable, engineering plans depicting all of the following: (A) A schematic flow diagram. (B) Information on unit processes. (C) Flow rates. (D) Design hydraulic capacity. (E) Pollutant loading. (F) Detention times. (G) Sizing of treatment units. (H) Design calculations for major treatment units. (I) A description of sludge management. (iii) A discharge management plan that includes, where applicable, all of the following information: (A) Maximum daily and annual discharge volumes. (B) The total discharge area. (C) Scheduled maintenance. (D) Vegetative cover control and removal. (E) Load and rest cycles. (F) Application rates. (G) Means for even distribution of waste or wastewater. (H) Strategies for periods of adverse weather. (I) Monitoring procedures. (J) Other pertinent information. (d) For a discharge of sanitary sewage, unless these rules provide other- wise, the treatment system shall be consistent with the standards in chapter 10 of the publication entitled "Engineering Reports and Facility Plans of the Recommended Standards for Wastewater Facilities," 1997 edition. The standards in chapter 10 are adopted by reference in these rules. The standards may be purchased from Health Education Services, P.O. Box 7126, Albany, New York 12224, or from the Michigan Department of Environmental Quality, Waste Management Division, P.O. Box 30241, Lansing, Michigan 48909, at a cost at the time of adoption of these rules of $12.00, plus shipping and handling. (3) An application for a discharge permit to be issued under this rule shall be made on a form determined by the department. An application under this rule shall be administratively complete before it is considered by the department for decision. Administrative completeness is determined as follows: (a) An application for a discharge that has not been previously permitted shall include all of the following information: (i) The basis of design as required by subrule (2) of this rule. (ii) An evaluation of the feasibility of alternatives to discharge to the groundwater in accordance with R 323.2219. (iii) The wastewater characterization as required by R 323.2220. (iv) The hydrogeological report as required by R 323.2221. (v) If a standard applicable to the discharge is to be determined under R 323.2222(5), the information necessary to determine that standard, including whether a substance is a hazardous substance under part 201. (vi) If applicable, the monitoring plan as specified by R 323.2223. (vii) If applicable, a description of the discharge methods and information that demonstrate that the requirements of R 323.2233 will be met. (viii) If applicable, information that demonstrates that the requirements of R 323.2237 will be met. (b) An application for the renewal of a permit where the discharge is proposed to be modified in quantity, effluent characterization, or treatment process from that previously permitted shall include all of the following: (i) The request for reissuance specified in R 323.2151. (ii) An updated submission of the items listed in subdivision (a) of this subrule corresponding to the differences between the proposed discharge and the discharge previously permitted. (iii) All of the following information: (A) A narrative description of the facility's history of compliance with effluent and groundwater permit limits and sampling frequency. (B) If permit limits were exceeded, the steps taken to bring the facility into compliance. (C) An evaluation of whether there are general trends in the effluent or groundwater sampling data indicating that the discharge is approaching permit limits. (D) An updated site map. (E) A current groundwater contour map and a narrative evaluation of whether changes to the existing groundwater monitoring system are warranted and the rationale for any proposed change. (F) The most recent groundwater quality results from all wells on site. (G) The most recent effluent quality results. (H) The most recent static water levels and groundwater elevations from all wells on site. (c) An application for the renewal of a permit where the discharge will consist of the same quantity, effluent characterization, and treatment process as previously permitted shall include all of the following: (i) The request for reissuance specified in R 323.2151. (ii) A certification by the discharger that the discharge will consist of the same quantity, effluent characterization, and treatment process as previously permitted. (iii) The information required by subdivision (b)(iii) of this subrule. (d) A discharger who proposes to modify the quantity or effluent characteristics of a discharge shall notify the department of the proposed modification before it occurs. If the department determines the proposed modification is minor based on the quantity or quality of the discharge, then the department may modify the permit as requested and include new terms or conditions that may be necessary to ensure that the terms of R 323.2204 are met. If the department determines that the proposed modification is significant based on the quantity or quality of the discharge, then the discharger shall submit an application for reissuance under the terms of subdivision (b) of this rule. (e) A discharger who proposes to modify the treatment process of a discharge shall notify the department of the proposed modification before it occurs. Unless the department notifies the discharger within 30 calendar days that the proposed modification may affect compliance with limitations on the quality or quantity of the discharge, the discharger may make the modification. If the department notifies the discharger and determines that the proposed modification is minor based on the quantity or quality of the discharge, then the department may modify the permit as requested and include new terms or conditions that may be necessary to ensure that terms of R 323.2204 are met. If the department notifies the discharger and determines that the proposed modification is significant based on the quantity or quality of the discharge, then the discharger shall submit an application for reissuance under the terms of subdivision (b) of this subrule. (4) A discharge authorized under this rule shall meet the conditions of this subrule. The department may waive the conditions of subdivision (a) or (b) of this subrule, individually or collectively, if the department determines that the purpose of the subdivision to be waived has been met. (a) Within 30 calendar days of completion of construction of treatment facilities, a discharger shall provide, to the department, certification by an engineer licensed under Act No. 299 of the Public Acts of 1980, as amended, being §339.101 et seq. of the Michigan Compiled Laws, and known as the occupation code, that a quality control and quality assurance program was utilized and that the facilities constructed were built consistent with standard construction practices to comply with the permit and this part. (b) A discharger shall have an operation and maintenance manual for the wastewater treatment facility. The manual shall be used by the certified operator of the facility as a guide for facility operation and maintenance. The operation and maintenance manual shall include all of the following information: (i) The function, start-up, shutdown, and periodic maintenance procedures for each unit process and item of mechanical and electrical equipment. (ii) A description of the appropriate response or facility adjustment to minimize the impact of emergency situations with the potential to affect the discharge or compliance with the permit so as to facilitate rapid implementation of a correct response during an emergency. (iii) A monitoring program to monitor process efficiency. (iv) The details of how inspections will be conducted and a schedule for the inspection of collection system and pump stations, where applicable. (v) The periodic maintenance procedures for the collection system and pump stations, where applicable. (vi) Procedures for routine maintenance and inspection of lagoons and equipment used for irrigation, where applicable, and the documentation of maintenance and inspection. (vii) A listing of environmental regulations, other than this part, that apply to operation of the wastewater treatment facility. (c) A discharger shall monitor the discharge and its effect as specified in R 323.2223. (d) A discharger shall report monitoring results as specified in R 323.2225. (e) A discharger shall close the wastewater treatment and discharge area as specified in R 323.2226.