(By authority conferred on the water resources commission by sections 2and 5 of  
Act No. 245 of the Public Acts of 1929, as amended, sections 33and 63 of Act No. 306  
of the Public Acts of 1969, as amended, and Executive Order No. 1976-8a, being  
SS323.2, 323.5, 24.233, and 24.263 of the Michigan Compiled Laws)  
R 323.1251 Purpose.  
Rule 251. Section 6a of Act No. 245 of the Public Acts of 1929, as added by Act No.  
209 of the Public Acts of 1968 and amended by Act No. 129 of the Public Acts of  
1972, being S323.206a of the Michigan Compiled Laws, requires that every industrial  
or commercial entity which discharges liquid wastes into any surface or ground waters  
or underground or on the ground other than through a public sanitary sewer shall  
have waste treatment or control facilities under the specific supervision and control of  
persons who have been certified by the water resources commission as being properly  
qualified to operate the facilities. These rules set forth the requirements for certification  
of such operators.  
History: 1979 AC.  
Editor's note: R 323.1251 - R 323.1259 were transferred from R 323.21 - R 323.29. See 1954 ACS  
R 323.1252 Definitions.  
Rule 252. (1) "Board" means the board of examiners established by the  
(2) "Certificate" means a document issued by the commission at testing that a  
person is properly qualified to operate or supervise the operation of certain designated  
waste treatment or control facilities.  
(3) "Owner" means an industrial or commercial entity which discharges liquid  
wastes into any surface or ground waters or underground or on the ground other than  
through a public sanitary sewer.  
(4) "Public sanitary sewer" means an enclosed pipe or conduit intended to carry  
wastewater from homes, businesses, and industries and is owned, operated, and  
maintained by a city, village, township, county, authority, or other municipal entity.  
(5) "Waste treatment or control facilities" means any disposal system, including  
disposal wells, or any treatment works, equipment, machinery, or installation constructed,  
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used, or placed in operation for the purpose of reducing or eliminating water pollution  
caused by industrial waste or any device or equipment for retaining, metering,  
regulating, or monitoring a wastewater discharge, except that this rule shall not apply to  
water, gas, or other material which is injected into a well to facilitate production of oil  
or gas, or water derived in association with oil or gas production and disposed of in a  
well, if the well is used either to facilitate production or for disposal purposes and is  
under permit by the state supervisor of wells.  
History: 1979 AC.  
R 323.1253 Classification of waste treatment or control facilities.  
Rule 253. (1) Each waste treatment or control facility shall be classified by the  
commission as to type. The commission shall notify the owner of the waste treatment or  
control facility of its classification by issuing a certificate of classification. An owner  
who objects to the  
assigned classification may appeal to the commission in accordance with the  
commission's rules of procedure. Upon appeal, the commission shall schedule a  
hearing and request the owner to present evidence to support his claim. After the  
hearing, the commission shall determine the proper waste treatment or control facility  
(2) Classifications shall be of 3 types, described as physical, chemical, and  
biological. Each of these classifications shall be further subdivided into at least 3  
subclassifications, with the more complex facilities assigned the higher numbers.  
Subclassification No. 1  
Plain sedimentation  
Spray pond  
Subclassification No. 2  
Thermo control, cooling towers  
Incineration, land disposal  
Radioactivity monitoring  
Gravity separation  
Air flotation  
Gas stripping  
Impoundment,regulated discharge Centrifuging  
Impoundment, without discharge  
Land surface disposal  
Subsurface disposal  
Discharge measuring and monitoring  
Subclassification No. 3  
Wax oxidation  
Deep well injection  
Membrane filtration  
Subclassification No. 1  
Sludge conditioning  
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Subclassification No. 2  
Chemical cloagulation  
Ion exchange  
Subclassification No. 3  
Chemical oxidation reduction  
Chemical recovery  
Emulsion breaking  
Subclassification No. 1  
Extended aeration  
Aerated Lagoons  
Subclassification No. 2  
Trickling filters  
Natural stabilization basin Aerobic and anaerobic digestion  
Subclassification No. 3  
Activated sludge  
History: 1979 AC.  
R 323.1254 Board of examiners.  
Rule 254. The commission shall appoint a 5-member board of examiners, of which 1  
member shall be a member of the staff of the commission, 1 shall be a member of the  
staff of the Michigan department of public health, 1shall be an owner of a commercial  
or industrial enterprise which operates a waste treatment facility or an employee of such  
an owner, 1 shall be a holder of a certificate to operate or supervise the operation of a  
waste treatment facility, and 1 shall be chosen at large. Of the members first appointed,  
1 shall be appointed for a term of 1 year, 2 for terms of 2years and 2 for terms of 3  
years. Thereafter, each member shall be appointed for a term of 3 years. At its first  
meeting in each calendar year, the board shall select from its membership a chairman  
and such other officers as may be needed to conduct its business. Members of the board  
shall be reimbursed for their actual and necessary expenses in transacting board business.  
History: 1979 AC.  
R 323.1255 Applications and examinations.  
Rule 255. (1) A person desiring to be certified in 1 or more of the classifications  
shall file an application with the commission at least 30 days before the established date  
of the examination on an application form provided by the commission. The  
information included therein shall constitute a part of the examination.  
(2) The board, shall, under the direction of the commission, examine applicants  
for certification in order to determine their ability and qualifications, at such times  
and places as it designates and in accordance with the provisions of these rules.  
Examinations shall be held at least annually. Sixty days' notice of the examination date  
shall be given. The board, as a result of the examination and the requirements of the act,  
shall recommend to the commission the issuance or non-issuance of certificates.  
(3) The commission may maintain reciprocal certification with other states.  
History: 1979 AC.  
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R 323.1256 Qualifications for certification.  
Rule 256. (1) The board may recommend for certification, following an oral  
examination and such other examinations, including an evaluation of the applicant's  
experience, as the board may require, persons with the following qualifications:  
(a) Minimum requirements, all types of classification no. 1:  
(i) The ability to read and write.  
(ii) Comprehension of the principles and problems of management of the treatment  
process and facilities.  
(iii) The ability to perform arithmetic calculations necessary to, operate the  
waste treatment or control facility, and prepare the required report to the commission.  
(b) Minimum requirements, all types of classification no. 2:  
(i) The equivalent of a high school education with the equivalent of high school  
(ii) Comprehension of the principles and problems of management of the treatment  
process and facilities.  
(iii) The ability to perform arithmetic calculations necessary to carry out the  
operation of the waste treatment or control facility, and prepare the required report to the  
(c) Minimum requirements, all types of classification no. 3:  
(i) The equivalent of 2 years of college education in engineering, chemistry,  
biological sciences, or allied field. Graduation from high school and with at least 4  
courses in post-high school level chemistry or biological sciences, or both, may be  
considered to be equivalent.  
(ii) Comprehension of the principles and problems of management of the treatment  
process and facilities.  
(2) The board may recommend for certification in an appropriate classification,  
without written examination, or with oral examinations at the board's option, persons  
having the following qualifications:  
(a) Applicants who are registered professional engineers in Michigan and have at  
least 2 years' experience in the water pollution control or waste treatment field.  
(b) Applicants who have a bachelor of science or higher degree in engineering,  
chemistry, biological sciences, or allied field and have at least 3 years' experience in  
the water pollution control or waste treatment field.  
(c) Applicants who hold a classification no. 1 or no. 2 certificate, have at least 5  
years' experience in the water pollution control or waste treatment field, have proved  
their competence in their present  
classification, and have successfully completed advanced courses in 1 or more of the  
following: chemistry, biological sciences, and waste treatment  
(3) Oral examinations, when held by the board, shall determine the overall  
knowledge of the applicant in regard to the operation of the type of facility the applicant  
will be responsible for, and the possible  
effects of discharge of untreated or inadequately treated waste upon the waters  
receiving the plant effluent.  
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(4) The commission may deny a certificate to a person who has given false  
information in his application or who has been guilty of fraudulent practices in his  
examination. This denial, or any other denial of a certificate, may be appealed from  
in accordance with the commission's rules of procedure.  
History: 1979 AC.  
R 323.1257 Renewal and revocation of certificates.  
Rule 257. (1) A certificate is valid for 5 years from the next July 1 after the date of  
issuance. On or after January 1 of the year in which a certificate expires, the certified  
person may apply for renewal thereof.  
The commission may waive reexamination if the certified operator's operation  
record justifies such exceptions. Failure to apply for renewal shall result in termination  
of such certification. The commission shall notify the certified operator and the owner  
as to the action it has taken.  
(2) If the certificate of an operator is not renewed within 30 days after its renewal  
date, the commission shall give notice of the nonrenewal to the owner and the operator  
and 30 days thereafter certification shall be terminated unless application for renewal  
has been received in the interim.  
(3) The commission may revoke the certificate of a person who, after a hearing, is  
adjudged incompetent or unable to properly perform the duties of operator in his  
classification, or who has practiced fraud or falsification or who has been negligent in  
the discharge of his duties. Notice of revocation shall be given to the owner and to the  
person whose certification is being revoked.  
History: 1979 AC.  
R 323.1258 Persons in responsible charge and changes.  
Rule 258. (1) An owner shall designate a certified operator to be in responsible  
charge of the day-to-day operation of each waste treatment facility, and shall inform  
the commission of the designation. The owner may replace the designated operator  
with another properly certified operator at any time and shall notify the commission  
within 10 days after the replacement.  
(2) A certified operator who changes his address or place of employment shall  
notify the commission thereof within 30 days after the change.  
History: 1979 AC.  
R 323.1259 Reports.  
Rule 259. The person in responsible charge of a waste treatment or control  
facility shall file with the commission, each month or at such longer interval as the  
commission may designate, on forms provided by the commission, operating reports  
showing the effectiveness of the treatment facility operation and the quantity and  
quality of liquid wastes discharged into any surface or ground waters or underground  
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or on the ground other than through a public sanitary sewer. When the person in  
responsible charge is not available to file the report, the owner may appoint a  
substitute suitable to the commission to file the report.  
History: 1979 AC.  
Editor's note: R 323.1251 - R 323.1259 were transferred from R 323.21 - R 323.29. See 1954 ACS  
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