(By authority conferred on the department of environmental quality by sections  
3103 and 3106 of 1994 PA 451, MCL 324.3103 and 324.3106)  
R 323.2101 Purpose.  
Rule 2101. (1) These rules are being processed to implement the 1972  
amendments to part 31 of the act which authorized the initiation of a waste or waste  
effluent discharge permit system compatible with the national pollutant discharge  
elimination system (NPDES). The NPDES has been initiated by the federal Congress  
through the enactment of the federal water pollution control act amendments of 1972,  
(33 U.S.C. §1251 et seq.). In general, the rules outline all of the following:  
(a) The procedures by which all persons discharging wastes into the waters of the  
state shall apply for waste or waste effluent discharge permits as required by part 31 of  
the act.  
(b) Exceptions to procedural requirements.  
(c) Public participation procedures and hearings on permit applications.  
(d) Procedures by which permits are issued or denied by the department.  
(e) Appeals procedures.  
(f) Permit conditions and monitoring of waste or wastewater discharges.  
(2) The promulgation of these rules, in association with part 31 of the act,  
provides sufficient authority to the state, upon approval by the United States  
environmental protection agency, to issue permits for waste or wastewater  
discharges under the NPDES pursuant to section 402(b) of the United States Public  
Law 92-500 (33 U.S.C. §1251 et seq.). The department is the state agency designated by  
state law to administer this program.  
History: 1979 AC; 2003 AACS.  
R 323.2102 Definitions; A to F.  
Rule 2102. As used in this part:  
(a) "Act" means 1994 PA 451, MCL 324.3101 et seq., and the rules  
promulgated under the act.  
(b) "Animal feeding operation (AFO)" means a lot or facility, other than an aquatic  
animal production facility, where the animals, other than aquatic animals, have been, are,  
or will be stabled or confined and fed or maintained for a total of 45 days or more in any  
12-month period, and crops, vegetation, forage growth, or post-harvest residues are not  
sustained in the normal growing season over any portion of the lot or facility.  
Page 1  
(c) "Applicant" means a person who applies to the department for a state or  
national permit to discharge waste or wastewaters into the waters of the state by an  
NPDES application form or a state permit application form.  
(d) "Application" means either the uniform national NPDES application form,  
including subsequent additions, revisions, or modifications thereof, promulgated by the  
administrator of EPA and adopted for use by the department or a state permit application  
form for applying for a permit.  
(e) "Approved control plan" means the plan which is prepared by an authorized  
public agency, which is approved by the department pursuant to the provisions of section  
9110 of part 91 of the act, and which contains the soil erosion and sedimentation control  
procedures that govern all construction activities normally undertaken by the  
authorized public agency.  
(f) "Authorized public agency" means a state, local, or county agency that is  
designated pursuant to the provisions of section 9110 of part 91 of the act to implement  
soil erosion and sedimentation control requirements with regard to construction  
activities undertaken by the agency.  
(g) "Authorized representative" means a person who has written  
authorization from the construction permittee to sign the notice of coverage in the name  
of the construction permittee.  
(h) "Certified storm water operator" means an individual who has been certified  
by the department pursuant to the provisions of section 3110 of part 31 of the act as  
properly qualified to operate treatment or control facilities for storm water discharges.  
(i) "Concentrated animal feeding operation (CAFO)" means an AFO that is  
defined as a large CAFO or a medium CAFO, or that is designated by the department  
under R 323.2196(3) as a medium CAFO or a small CAFO. Two or more AFOs under  
common ownership are considered to be a single AFO for the purposes of  
determining the number of animals at an operation, if they adjoin each other or if they use  
a common area or system for the disposal of wastes.  
(j) "CAFO process wastewater" means water directly or indirectly used in the  
operation of a CAFO for any of the following:  
(i) Spillage or overflow from animal or poultry watering systems.  
(ii) Washing, cleaning, or flushing pens, barns, manure pits, or other AFO facilities.  
(iii) Direct contact swimming, washing, or spray cooling of animals.  
(iv) Dust control.  
(v) Any water which comes into contact with, or is a constituent of, any raw  
materials, products, or byproducts including manure, litter, feed, milk, eggs, or bedding.  
(k) "Construction activity" means a man-made earth change or disturbance in the  
existing cover or topography of land for which a national permit is required pursuant to  
the provisions of 40 C.F.R. §122.26(a) (2000) and which is any of the following:  
(i) Five acres or more in size and defined as a construction activity pursuant to  
the provisions of 40 C.F.R. §122.26(b)(14)(x) (2000).  
(ii) One acre or more in size and defined as a small construction activity pursuant to  
the provisions of 40 C.F.R. §122.26(b)(15) (2000).  
(iii) Less than 1 acre of total land area that is part of a larger common plan of  
development or sale if the larger common plan will ultimately disturb 1 acre or more. The  
term includes clearing, grading, and excavating activities. The term does not include the  
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practices of clearing, plowing, and tilling soil and harvesting for the purpose of crop  
(l) "Construction permittee" means a person who is deemed to have a national  
permit pursuant to the provisions of R 323.2190 and who owns or holds a recorded  
easement on the property where a construction activity is located, is constructing in a  
public right-of-way in accordance with the provisions of sections 13, 14, 15, and 16  
of 1925 PA 368, MCL 247.183, 247.184, 247.185, and 247.186, or is the  
authorized public agency if a construction activity is carried out by the authorized  
public agency.  
(m) "Department" means the director of the department of environmental quality  
or his or her designee to whom the director delegates a power or duty by written  
(n) "Discharge" means any direct or indirect discharge of any waste, waste effluent,  
wastewater, pollutant, or any combination thereof into any of the waters of the state or  
upon the ground.  
(o) "Discharger" means any person who discharges, directly or indirectly, any  
substance defined by section 3109 of part 31 of the act, any treated or untreated waste,  
waste effluent, wastewater, or pollutant; or cooling waters into any of the waters of the  
state or upon the ground.  
(p) "Draft permit" means a draft of a permit which is proposed to be issued by  
the department, which is prepared by staff of the department before public notice of an  
application for a permit by a discharger, and which contains proposed effluent  
standards and limitations, proposed compliance schedules, and other proposed  
conditions or restrictions deemed necessary by the department for a discharge.  
(q) "Effluent standards and limitations" means all state or federal effluent  
standards and limitations on quantities, rates, and concentrations of chemical, physical,  
biological, and other constituents to which a waste or wastewater discharge may be  
subject under the federal act or part 31 of the act, including all of the following:  
(i) Effluent limitations.  
(ii) Standards of performance.  
(iii) Toxic effluent standards and prohibitions.  
(iv) Pretreatment standards.  
(v) Schedules of compliance.  
(r) "EPA" means the United States environmental protection agency.  
(s) "Fact sheet" means a description of a discharge which is available to the public,  
which is prepared by the department pursuant to the guidelines, and which includes all  
of the following information:  
(i) Information on the location of the discharge.  
(ii) Rate or frequency of the discharge.  
(iii) Components of the discharge.  
(iv) Proposed determinations of the department regarding the discharge.  
(v) The location and identification of uses of the receiving waters.  
(vi) Water quality standards and procedures for formulation of final  
determinations on the discharge by the department.  
(t) "Federal act" means the federal water pollution control act, commonly referred  
to as the clean water act, Public Law 92-500, as amended by Public Law 95-217, Public  
Page 3  
Law 95-576, Public Law 96-483, Public Law 97-1171, and Public Law 100-4, 33  
U.S.C. §1251 et seq., and the rules and regulations promulgated thereunder.  
History: 1979 AC; 1985 AACS; 1992 AACS; 2003 AACS; 2005 AACS.  
R 323.2103 Definitions; G to O.  
Rule 2103. As used in this part:  
(a) "General permit" means a national permit issued authorizing a category of  
similar discharges.  
(b) "Guidelines," unless otherwise noted, means the federal guidelines  
promulgated by the USEPA entitled "Part 124 - Procedures for Decision making," 40  
C.F.R. §124 (2004).  
(c) "Illicit connection" means a physical connection to a separate storm sewer that  
primarily conveys non-storm water  
than uncontaminated  
groundwater into the storm sewer; or a physical connection not authorized or permitted  
by the local authority, where a local authority requires authorization or a permit for  
physical connections.  
(d) "Illicit discharge" means any discharge to, or seepage into, a separate storm  
sewer that is not composed entirely of storm water or uncontaminated groundwater.  
Illicit discharges include non-storm water discharges through pipes or other physical  
connections; dumping of motor vehicle fluids, household hazardous wastes, domestic  
animal wastes, or litter; collection and intentional dumping of grass clippings or leaf  
litter; or unauthorized discharges of sewage, industrial waste, restaurant wastes, or any  
other non-storm water waste directly into a separate storm sewer.  
(e) "Industry" means a private person, corporation, firm, plant, or establishment  
that directly or indirectly discharges waste or wastewater into the waters of the state.  
(f) "Land application area" specifically for CAFOs means land under the control  
of an AFO owner or operator, whether it is owned, rented, leased, or subject to an access  
agreement to which production area waste or CAFO process wastewater is or may be  
applied. Land application area includes land not owned by the AFO owner or operator  
but the AFO owner or operator has control of the land application of production area  
waste or CAFO process wastewater.  
(g) "Large CAFO" is an AFO that stables or confines as many as or more than  
the numbers of animals specified in any of the following categories:  
(i) 700 mature dairy cows, whether milked or dry.  
(ii) 1,000 veal calves.  
(iii) 1,000 cattle other than mature dairy cows or veal calves. Cattle includes  
heifers, steers, bulls, and cow/calf pairs.  
(iv) 2,500 swine each weighing 55 pounds or more.  
(v) 10,000 swine each weighing less than 55 pounds.  
(vi) 500 horses.  
(vii) 10,000 sheep or lambs.  
(viii) 55,000 turkeys.  
(ix) 30,000 laying hens or broilers, if the AFO uses a liquid manure handling  
Page 4  
(x) 125,000 chickens (other than laying hens), if the AFO uses other than a liquid  
manure handling system.  
(xi) 82,000 laying hens, if the AFO uses other than a liquid manure handling  
(xii) 30,000 ducks, if the AFO uses other than a liquid manure handling system.  
(xiii) 5,000 ducks, if the AFO uses a liquid manure handling system.  
(h) "Local limit" means a specific prohibition or limit on discharges of pollutants  
or pollutant parameters by a nondomestic source to a POTW that are set by a POTW in  
accordance with an approved pretreatment program.  
(i) "Mailing list" means a permanent list of persons who request notification  
and information on public hearings, permits, and other NPDES forms that is prepared  
and maintained by the department pursuant to the guidelines, these rules, and 1969  
PA 306, MCL 24.201 et seq.  
(j) "Management agency" means an area-wide waste treatment management  
agency that is designated by the governor pursuant to the provisions of section 208(a)  
of the federal act.  
(k) "Manure" includes manure, bedding, compost, and raw materials or other  
materials commingled with manure or set aside for disposal.  
(l) "Maximum extent practicable" or "MEP" means implementation of best  
management practices by a public body to comply with an approved storm water  
management program as required in a national permit for a municipal separate storm  
sewer system, in a manner that is environmentally beneficial, technically feasible,  
and within the public body's legal authority.  
(m) "Medium CAFO" is defined as the following:  
(i) Is an AFO that stables or confines the numbers of animals specified in any of the  
categories listed in subdivision (ii) of this subrule, and any of the following are met:  
(A) Has been designated by the department as a CAFO under R 323.2196(3).  
(B) Pollutants are discharged from the production area into waters of the state  
through a manmade ditch, pipe, tile, swale, flushing system, or other similar manmade  
(C) Pollutants are discharged directly into waters of the state from the production  
area which originate outside of and pass over, across, or through the facility or that  
otherwise come into direct contact with the animals confined in the operation.  
(ii) Includes the following number and type of animals:  
(A) 200 to 699 mature dairy cows, whether milked or dry.  
(B) 300 to 999 veal calves.  
(C) 300 to 999 cattle other than mature dairy cows or veal calves. Cattle includes  
heifers, steers, bulls, and cow/calf pairs.  
(D) 750 to 2,499 swine each weighing 55 pounds or more.  
(E) 3,000 to 9,999 swine each weighing less than 55 pounds.  
(F) 150 to 499 horses.  
(G) 3,000 to 9,999 sheep or lambs.  
(H) 16,500 to 54,999 turkeys.  
(I) 9,000 to 29,999 laying hens or broilers, if the AFO uses a liquid manure  
handling system.  
Page 5  
(J) 37,500 to 124,999 chickens (other than laying hens), if the AFO uses other than  
a liquid manure handling system.  
(K) 25,000 to 81,999 laying hens, if the AFO uses other than a liquid manure  
handling system.  
(L) 10,000 to 29,999 ducks, if the AFO uses other than a liquid manure handling  
(M) 1,500 to 4,999 ducks, if the AFO uses a liquid manure handling system.  
(n) "Minor discharge" means a discharge of wastewater which has a total volume  
of less than 50,000 gallons on every day of the year, which does not affect the waters of  
another state, and which is not identified by the department, the regional  
administrator, or by the administrator of the USEPA, in regulations issued by him or her  
pursuant to the provisions of section 307(a) of the federal act, as a discharge which is  
not a minor discharge, except that a discharge is not a minor discharge if there is a  
discharge of less than 50,000 gallons on any day of the year which represents 1 of 2 or  
more discharges from a single person, municipality, or industry that, in total, is more  
than 50,000 gallons on any day of the year.  
(o) "Municipal separate storm sewer system" or "MS4" means all separate storm  
sewers that are owned or operated by the United States, a state, city, village, township,  
county, district, association, or other public body created by or pursuant to state law,  
having jurisdiction over disposal of sewage, industrial wastes, storm water, or other  
wastes, including special districts under state law, such as a sewer district, flood control  
district, or drainage district, or similar entity, or a designated or approved  
management agency under section 208 of the federal act that discharges to waters of  
the state. This term includes systems similar to separate storm sewer systems in  
municipalities, such as systems at military bases, large hospital or prison complexes,  
and highways and other thoroughfares. The term does not include separate storm sewers  
in very discrete areas, such as individual buildings.  
(p) "National permit" means an NPDES permit, or equivalent document or  
requirements, issued by the department to a discharger pursuant to sections 3106 and  
3112 of part 31 of the act for discharges into surface waters.  
(q) "New source" means a building, structure, facility, or installation from which  
waste, pollutants, or wastewater is or may be discharged into the surface or groundwaters  
of the state or on the ground and for which construction was commenced after  
publication of proposed regulations by the USEPA prescribing a standard of  
performance pursuant to the provisions of section 306(a) of the federal act that will be  
applicable to the source if the standard is thereafter promulgated in accordance with the  
provisions of section 306 of the federal act.  
(r) "Noncompliance list" means a list of dischargers, which is prepared by the  
department pursuant to these rules and the guidelines for transmittal to the regional  
administrator, who fail or refuse to comply with a compliance schedule in a permit  
issued pursuant to part 31 of the act.  
(s) "Nondomestic source" or "source of nondomestic wastewater" means an  
industry, commercial establishment, or other entity that discharges wastewater to a  
publicly owned treatment works other than, or in addition to, water-carried wastes from  
toilet, kitchen, laundry, bathing, or other facilities that are used for household  
Page 6  
(t) "NPDES" means the national pollutant discharge elimination system  
established by the federal act.  
(u) "NPDES form" means any issued permit and any uniform national form  
which is used by the department, which is developed for use in the NPDES, and which is  
prescribed in regulations promulgated by the administrator of the USEPA, including an  
NPDES application and a reporting form.  
(v) "On-site disposal system" means a natural system or mechanical device used to  
collect, treat and discharge, or reclaim wastewater from 1 or more dwelling units  
without the use of community-wide sewers or a centralized treatment facility.  
History: 1979 AC; 1985 AACS; 1992 AACS; 2003 AACS; 2005 AACS; 2006 AACS.  
R 323.2104 Definitions; P to W.  
Rule 2104. As used in this part:  
(a) "Part 91 permitting entity" means an agency that is designated by a county  
board of commissioners pursuant to the provisions of section 9105 of part 91 of the act;  
an agency that is designated by a city, village, or township in accordance with the  
provisions of section 9106 of part 91 of the act; or the department if the  
construction activity is under the jurisdiction of 2 or more municipal or county  
enforcing agencies; or the department for soil erosion and sedimentation activities  
under part 615 or part 631 pursuant to the provisions of section 9115 of part 91 of the  
(b) "Person" means an individual, partnership, association, corporation, industry,  
or public body.  
(c) "Point source discharge" means a discharge that is released to the waters of  
the state by a discernible, confined, and discrete conveyance, including any of the  
following from which wastewater is or may be discharged:  
(i) A pipe.  
(ii) A ditch.  
(iii) A channel.  
(iv) A tunnel.  
(v) A conduit.  
(vi) A well.  
(vii) A discrete fissure.  
(viii) A container.  
(ix) A concentrated animal feeding operation.  
(x) A vessel or other floating craft.  
The term does not include a legally established county or intercounty drain,  
except for a county or intercounty drain that has a POTW designated as part of the drain  
or a discharge otherwise required to be authorized by a national permit.  
(d) "Production area" means that part of an AFO that includes animal  
confinement area, manure storage area, raw materials storage area, and waste  
containment areas. The animal confinement area includes open lots, housed lots,  
feedlots, confinement houses, stall barns, free stall barns, milk  
rooms, milking centers, cow yards, barnyards, medication pens, walkers, animal  
walkways, and stables. The manure storage area includes lagoons, runoff ponds,  
Page 7  
storage sheds, stockpiles, under-house or pit storages, liquid impoundments, static piles,  
and composting piles. The raw materials storage area includes feed silos, silage bunkers,  
and bedding materials. The waste containment area includes settling basins and  
areas within berms and diversions which separate uncontaminated storm water. Also  
included is any egg washing or egg processing facility, and any area used in the  
storage, handling, treatment, or disposal of mortalities.  
(e) "Production area waste" means manure and any waste from the production area  
and any precipitation, for example, rain or snow, which comes into contact with, or is  
contaminated by, manure or any of the components listed in the definition for  
"production area."  
application areas.  
Production area waste does not include water from land  
(f) "Public body" means the United States, the state of Michigan, city, village,  
township, county, school district, public college or university, single purpose  
governmental agency; or any other body which is created by federal or state statute or  
(g) "Publicly owned treatment works" or "POTW" means either of the  
(i) A facility or facilities which are owned by a governmental entity and which are  
used or intended to be used for the collection and treatment of municipal wastewater,  
including sewage, liquid industrial waste, and storm water.  
(ii) The owner or owners of a facility or facilities specified in paragraph (i) of  
this subdivision.  
(h) "Regional administrator" means the USEPA region V administrator.  
(i) "Regulated MS4" means an MS4 that is required to have a national permit to  
discharge storm water into surface waters of the state pursuant to R 323.2161(c), (d), (e),  
or (f).  
(j) "Regulated pollutants" means all of the following:  
(i) Pollutants that are limited by categorical pretreatment standards as defined in R  
(ii) Pollutants for which control measures on nondomestic sources are necessary  
to avoid noncompliance with effluent limitations established in the POTW's discharge  
(iii) Pollutants for which control measures on nondomestic sources are necessary  
to avoid restricting the POTW's approved residuals management program.  
(iv) Pollutants for which control measures on nondomestic sources are necessary  
to avoid operational problems at the treatment facility or collection system.  
(k) "Reporting form" means the uniform NPDES reporting form, including  
subsequent additions, revisions, or modifications thereof, which is promulgated by  
the administrator of the USEPA and which is adopted by the department for use in  
administering these rules, or a state form that is  
prescribed by the department for use in administering these rules, for reporting  
data and information to the department by a discharger on monitoring and other  
conditions of permits.  
(l) "Runoff coefficient" means the fraction of total rainfall that will appear at a  
conveyance as runoff.  
Page 8  
(m) "Separate storm sewer system" means a system of drainage, including, but not  
limited to, roads, catch basins, curbs, gutters, parking lots, ditches, conduits,  
pumping devices, or man-made channels, which has the following characteristics:  
(i) The system is not a combined sewer where storm water mixes with sanitary  
(ii) The system is not part of a publicly owned treatment works (POTW).  
(n) "Site" means the area where a construction activity is physically located or  
conducted, including adjacent land that is used in connection with the construction  
(o) "Small CAFO" means an AFO that is designated a CAFO by the department  
under R 323.2196(3) and is not a medium CAFO.  
(p) "Soil erosion and sedimentation control permit" means a permit that is issued  
pursuant to the provisions of part 91 of the act by a part 91 permitting entity.  
(q) "Soil erosion control measures" means the measures or procedures to prevent  
or reduce the pollution of waters of the state that are required in the soil erosion and  
sedimentation control permit for the site or the selected control measures from the  
approved control plan that are applicable to the site.  
(r) "Stabilization of earth change activity" means the proper placement, grading, or  
covering of soil or rock at a construction activity to ensure subsequent resistance to soil  
erosion, sliding, or other earth movement.  
(s) "State permit" means a permit or equivalent document or requirements that are  
issued by the department to a discharger who discharges wastewater on the ground or  
into groundwaters.  
(t) "Storm water" means storm water runoff, snow melt runoff, and surface runoff  
and drainage.  
(u) "Storm water discharge associated with industrial activity" means the discharge  
from any conveyance that is used for collecting and conveying storm water and that is  
directly related to manufacturing, processing, or raw materials storage areas at an  
industrial plant. The term does not include discharges from facilities or activities  
excluded from the national permits program under 40 C.F.R. §122.3 and §122.27  
(2000). For the categories of industries identified in this subdivision, the term  
includes, but is not limited to, storm water discharges from all of the following:  
(i) Industrial plant yards.  
(ii) Immediate access roads and rail lines used or traveled by carriers of raw  
materials, manufactured products, waste material, or by-products used or created by the  
(iii) Material handling sites. For the purposes of this paragraph, material  
handling activities include storage, loading and unloading, transportation, or  
conveyance of any raw material, intermediate product, final product, by-product, or  
waste product.  
(iv) Refuse sites.  
(v) Sites used for the application or disposal of process waste waters, as defined at  
40 C.F.R. §401.11 (2000).  
(vi) Sites used for the storage and maintenance of material handling equipment.  
(vii) Sites used for residual treatment, storage, or disposal.  
(viii) Shipping and receiving areas.  
Page 9  
(ix) Manufacturing buildings.  
(x) Storage areas, including tank farms, for raw materials and intermediate  
and final products.  
(xi) Areas where industrial activity has taken place in the past and significant  
materials remain and are exposed to storm water.  
(xii) The term excludes areas located on plant lands separate from the plant's  
industrial activities, such as office buildings and accompanying parking lots as long as  
the drainage from the excluded areas is not mixed with storm water drained from the  
areas described in this paragraph.  
(xiii) Industrial facilities include facilities that are federally, state, or municipally  
owned or operated that meet the description of the facilities listed in the following  
paragraphs and those facilities designated by the department under the provisions of  
R 323.2161(1)(f).  
The following categories of facilities are considered to be  
engaging in "industrial activity" for purposes of this subdivision:  
(A) Facilities subject to EPA promulgated storm water effluent limitations  
guidelines, new source performance standards, or toxic pollutant effluent standards,  
except facilities that have toxic pollutant effluent standards which are exempted under  
paragraph (J) of this subdivision.  
(B) Facilities classified as standard industrial classifications 24, except 2434;  
26, except 265 and 267;28, except 283; 29; 311; 32, except 323; 33; 3441; and 373.  
(C) Facilities classified as standard industrial classifications 10 through 14,  
mineral industry, including active or inactive mining operations, except for areas of non-  
coal mining operations which were released from applicable state or federal  
reclamation requirements after December 17, 1990, and oil and gas exploration,  
production, processing, or treatment operations, or transmission facilities that discharge  
storm water contaminated by contact with, or that has come into contact with, any  
overburden, raw material, intermediate products, finished products, byproducts, or  
waste products located on the site of operations. Inactive mining operations are  
mining sites which are not being actively mined, but which have an identifiable  
owner/operator. Inactive mining sites do not include sites where mining claims are  
being maintained before disturbances associated with the extraction, beneficiation,  
or processing of mined materials and do not include sites where minimal activities  
are undertaken for the sole purpose of maintaining a mining claim.  
(D) Hazardous waste treatment, storage, or disposal facilities, including those that  
are operating under interim status or a permit under subtitle c of the federal resource  
conservation and recovery act.  
(E) Landfills, land application sites, and open dumps that receive or have received  
any industrial wastes, waste that is received from any of the facilities described under  
this subdivision, including those that are subject to regulation under subtitle D of the  
federal resource conservation and recovery act.  
(F) Facilities involved in the recycling of materials, including metal scrap yards,  
battery reclaimers, salvage yards, and automobile junkyards, which are classified as  
standard industrial classification 5015 and 5093.  
(G) Steam electric power generating facilities, including coal handling sites.  
(H) Transportation facilities classified as standard industrial classifications  
40; 41; 42, except 4221 to 25; 43; 44; 45; and 5171 which have vehicle maintenance  
Page 10  
shops, equipment cleaning operations, or airport deicing operations. Only those  
portions of the facility that are either involved in vehicle maintenance, including  
vehicle rehabilitation, mechanical repairs, painting, fueling, and lubrication; equipment  
cleaning operations, airport deicing operations, or which are otherwise identified  
under paragraphs (i) to (vii), (ix), or (x) of this subdivision are associated with industrial  
(I) Treatment works treating domestic sewage or any other sewage sludge or  
wastewater treatment device or system, used in the storage, treatment, recycling, and  
reclamation of municipal or domestic sewage, including land dedicated to the disposal  
of sewage sludge that is located within the confines of the facility, provided the  
system has a design flow of 1.0 million gallons per day or more, or is required to  
have an approved federal pretreatment program under 40 C.F.R., part 403 (2000). Not  
included are farm lands, domestic gardens, or lands used for sludge management where  
sludge is beneficially reused and which are not physically located in the confines of the  
facility, or areas that are in compliance with section 405 of the federal act.  
(J) Facilities under standard industrial classifications 20; 21; 22; 23; 2434; 25;  
265; 267; 27; 283; 285; 30; 31, except 311; 323; 34, except 3441; 35; 36; 37, except  
373; 38; 39; and 4221 to 25.  
(v) "Total maximum daily load" or "TMDL" means a written, quantitative plan  
and analysis for attaining and maintaining water quality standards in all seasons for a  
specific water body and pollutant.  
(w) "Trade secret" means the whole or any portion or phase of any  
manufacturing proprietary process or method which is not patented, which is secret,  
which is useful in compounding an article of trade that has a commercial value, and  
the secrecy of which the owner has taken reasonable measures to prevent from  
becoming available to persons other than those selected by the owner to have access  
thereto for limited purposes. "Trade secret" shall not be construed, for purposes of  
these rules, to include any information relative to the quantum and character of waste  
products or their constituents discharged or sought to be discharged into waters of this  
(x) "Urbanized area" means a place and the adjacent densely populated territory  
that together have a minimum population of 50,000 people, as defined by the United  
States bureau of the census and as determined by the latest available decennial census.  
(y) "Urbanizing area" means an area of contiguous census blocks with  
population densities of 1,000 persons or more per square mile that together have a  
population of 10,000 people or more, as determined by the latest available decennial  
(z) "Vessel" means any contrivance that is used or capable of being used for  
navigation upon water, whether or not the contrivance is capable of self-propulsion,  
including any of the following:  
(i) Foreign and domestic vessels that are engaged in commerce upon the waters  
of the state.  
(ii) Passenger or other cargo-carrying vessels.  
(iii) Privately owned recreational watercraft.  
(iv) Any other floating craft.  
Page 11  
(aa) "Waste" means any waste, wastewater, waste effluent, or pollutant that is  
discharged into water, including any of the following:  
(i) Dredged spoil.  
(ii) Solid waste.  
(iii) Incinerator residue.  
(iv) Sewage.  
(v) Garbage.  
(vi) Sewage sludge.  
(vii) Munitions.  
(viii) Chemical wastes.  
(ix) Biological materials.  
(x) Radioactive materials.  
(xi) Heat.  
(xii) Wrecked or discarded equipment.  
(xiii) Rock.  
(xiv) Sand.  
(xv) Cellar dirt.  
(xvi) Industrial, municipal, and agricultural waste.  
(bb) "Wastewater" means liquid waste discharges directly or indirectly into the  
waters of the state that result from industrial and commercial processes and municipal  
operations, including liquid or water-carried process waste, cooling and condensing  
waters, and sanitary sewage.  
(cc) "Water quality standards" means the part 4 water quality standards  
promulgated pursuant to part 31 of 1994 PA 451, as amended, being R 323.1041 to  
323.1117 of the Michigan administrative code.  
History: 1979 AC; 1985 AACS; 1992 AACS; 2003 AACS; 2005 AACS; 2006 AACS.  
R 323.2106 Permit requirements of dischargers.  
Rule 2106. (1) A person discharging wastes into the surface or groundwaters of the  
state or on the ground as a point source discharge, whether or not in compliance with an  
outstanding order of determination, final order of determination, or stipulation with  
the department, shall promptly make application for and obtain from the department a  
valid national or state permit pursuant to section 3112 or 3113 of part 31 of the act and  
according to procedures and deadlines set forth in these rules.  
(2) A person proposing a waste or wastewater discharge to the surface or  
groundwaters of the state shall apply not less than 180 days before commencement  
of the discharge or any other time period before commencement of the discharge as  
determined and required by the department, for a national or state permit on an  
appropriate application form supplied by or approved by the department.  
(3) A person discharging wastes into surface waters of the state shall apply to the  
department for a national permit. A person discharging wastes on the ground or into  
groundwaters shall apply to the department for a state permit. The procedures, forms, and  
deadlines required by these rules shall apply to applications for either national or state  
Page 12  
History: 1979 AC; 2003 AACS.  
R 323.2108 Permits; application and filing procedures.  
Rule 2108. (1) An application for a permit shall be completed in accordance  
with and subject to guidelines in 40 C.F.R. §122.21 (2005).  
(2) A person discharging waste or wastewater from more than 1 location shall file  
a separate application for each discharge location. A single application may be filed for  
multiple outfalls discharging from a single location, except that the discharge from  
each outfall shall be described separately in the application.  
History: 1979 AC; 2003 AACS; 2005 AACS; 2006 AACS.  
R 323.2109 Permits; application exemptions.  
Rule 2109. A person who discharges or proposes to discharge the following types  
of waste or wastewater shall not be required to apply for a permit from the department  
pursuant to part 31 of the act or these rules:  
(a) Human sewage that is discharged from vessels.  
(b) Water, gas, and other materials that are injected into a well to facilitate the  
production of oil or gas, or water that is derived in association with oil or gas  
production and disposed of in a well if authorized by the state supervisor of wells.  
(c) A discharge that is directed solely to a publicly owned treatment works, but  
not from a publicly owned treatment works.  
(d) Point source discharges of storm water, unless a person is required to apply for a  
national permit pursuant to R 323.2161 or R 323.2196.  
History: 1979 AC; 1992 AACS; 2003 AACS; 2005 AACS.  
R 323.2111 Rescinded.  
History: 1979 AC; 2003 AACS.  
R 323.2112 Permit applications; deficiencies; additional data requirements.  
Rule 2112. (1) The department, at its discretion or upon request of the regional  
administrator, may request of an applicant any additional information deemed  
necessary to complete or correct deficiencies in the application before processing the  
application or issuing or denying the issuance of a permit. A national permit or state  
permit shall not be issued by the department until an application is complete or any  
further information requested by the department is supplied.  
(2) The department shall take proper enforcement action as prescribed by part 31  
of the act against any person who fails to file a complete application, if  
deficiencies are not corrected or incomplete information is not supplied within 60 days  
to the department following its request by the applicant.  
Page 13  
History: 1979 AC; 2003 AACS.  
R 323.2114 Permit applications and other NPDES forms; valid signatories.  
Rule 2114. A state or national permit application form or any other NPDES form  
submitted to the department pursuant to these rules shall be signed as follows:  
(a) For a corporation, by a principal executive officer of at least the level of vice  
president, or his or her designated representative, if the representative is responsible  
for the overall operation of the facility from which the discharge described in the permit  
application or other NPDES form originates.  
(b) For a partnership, by a general partner.  
(c) For a sole proprietorship, by the proprietor.  
(d) For a municipal, state, or other public facility, by either a principal executive  
officer, the mayor, village president, city, or village manager, or other duly authorized  
History: 1979 AC; 2003 AACS.  
R 323.2115 Permits; tentative determinations and draft permits.  
Rule 2115. (1) Before public notice pursuant to R 323.2117 of a national or state  
permit application and when the department is satisfied that the application is  
complete, the staff of the department shall make preliminary determinations on the  
application, including a proposed determination to issue or deny a state or national  
permit for the discharge described in the application.  
(2) If the proposed determination is to issue a state or national permit, then all of  
the following additional tentative determinations shall be made:  
(a) Proposed effluent limitations shall be identified for the constituents proposed to  
be limited.  
(b) A proposed schedule of compliance for meeting the proposed effluent  
limitations, including interim dates and requirements, if applicable.  
(c) A description of any other proposed restrictions or other conditions determined  
necessary by the department which will significantly affect the discharge described in  
the application, including pretreatment standards for discharges into publicly owned  
treatment works.  
(3) The department shall prepare a draft permit based upon the tentative  
determinations made pursuant to subrules (1) and (2) of this rule for the national or  
state permit application. The draft permit shall be mailed to the applicant and, in the  
case of a national permit, to the regional administrator before public notice of the  
History: 1979 AC; 2003 AACS.  
R 323.2117  
Public notice of permit application and preliminary  
Page 14  
Rule 2117. (1) The department shall prepare and sign a public notice of an  
application for a national permit, or a state permit as deemed appropriate by the  
department, and of the proposed determination to issue or deny a permit for the  
proposed or existing discharge identified in the application. The notice shall be  
circulated within the geographical area of the proposed or existing discharge in 1 or  
more of the following ways:  
(a) Posting of the notice in the post office or other public buildings of the  
municipality nearest the premises of the applicant in which the discharge is or will be  
(b) Posting of the notice at the entrance to the applicant's premises or nearby.  
(c) Publishing the notice in 1 or more newspapers of general circulation in the area  
of the applicant, or if appropriate, in an applicable periodical.  
(2) A copy of the notice shall be transmitted to the permit applicant and shall be  
available at the department office in Lansing and at the department district office nearest  
to the geographical location of the applicant. Any person may make a written request  
for a copy of the notice which will be mailed to him or her.  
History: 1979 AC; 2003 AACS.  
R 323.2118 Public notice; contents and information.  
Rule 2118. A public notice of a state or national permit application shall contain all  
of the following information:  
(a) The date of posting or publication of the public notice.  
(b) The address and telephone number of the department office in Lansing and the  
department district office nearest to the geographical location of the applicant.  
(c) The name and address of the applicant.  
(d) A concise description of the applicant's activities and operations which result  
in the discharge identified in the permit application.  
(e) The name of the waterway to which the discharge is made or is proposed to be  
made, including the location of the proposed or existing discharge identified in the  
(f) A statement of the department's tentative determination to issue or deny the  
permit for the discharge identified in the application.  
(g) A concise description of the procedures for the formulation of final  
determinations including information on the comment period prescribed in R 323.2119  
or other means by which interested persons may comment on the tentative  
(h) The address and telephone number of the department office where more  
information on the application may be obtained or where copies of the draft permit  
prepared pursuant to R 323.2115 and fact sheets may be obtained and any other  
applicable NPDES forms and related documents may be inspected or copied.  
History: 1979 AC; 2003 AACS.  
R 323.2119 Public notice; comment period for interested persons.  
Page 15  
Rule 2119. (1) Up to 30 days following the date of posting or publication of the  
public notice pursuant to R 323.2117, an interested person may submit his or her views  
in writing on the application or department tentative determinations, or both, to the  
department. The time for public comment may be extended by the department if it  
determines that an extension of time is necessary to facilitate additional public  
(2) All views submitted to the department in writing by interested persons during  
the comment period shall be retained and considered in the formulation of final  
determinations by the department on the permit application.  
History: 1979 AC; 2003 AACS.  
R 323.2121 Fact sheets on permit applications.  
Rule 2121. (1) For each state or national permit application which identifies an  
existing or proposed discharge of 500,000 gallons or more for any day of the year, the  
department shall prepare and make available a fact sheet with respect to the application  
described in the public notice, which shall contain information prescribed by R  
(2) The department may prepare a fact sheet for any existing or proposed  
discharge identified in an application of less than 500,000 gallons for any day of the  
year, if it deems the discharge is of significant importance to warrant additional  
information for public comment.  
(3) A copy of the fact sheet shall be available at the department office in Lansing  
and at the department district office nearest to the geographical location of the  
applicant. Any person may request in writing a copy of the fact sheet which will be  
mailed to him or her.  
History: 1979 AC; 2003 AACS.  
R 323.2122 Fact sheets on permit applications; contents and information.  
Rule 2122. The fact sheet prepared pursuant to R 323.2121 shall contain, but is not  
limited to, all of the following information:  
(a) A sketch or detailed description of the location of the existing or proposed  
discharge described in the permit application.  
(b) A quantitative description of the existing or proposed discharge including,  
but not limited to, all of the following information:  
(i) Its rate or frequency or average daily flow.  
(ii) Its summer and winter temperatures in degrees Fahrenheit and mixing zone  
(iii) If the discharge is a thermal discharge subject to limitation under the federal  
(iv) Its average daily discharge in pounds per day of any pollutants or other  
constituents subject to limitation under part 31 of the act or the federal act or rules or  
regulations promulgated thereunder.  
Page 16  
(c) The preliminary determinations made by the department on the permit  
application pursuant to R 323.2115.  
(d) A concise citation of water quality standards, effluent limitations and standards,  
and mixing zones, if applicable, to be applied to the discharge, and the uses for which  
the receiving waters have been classified.  
(e) A complete description of the procedures used by the department to formulate  
final determinations on the application and existing or proposed discharges, including  
the 30-day comment period on the public notice, procedures for requesting a public  
hearing on the application pursuant to R 323.2130 and other procedures to facilitate  
public comment and participation in the formulation of final determinations by the  
History: 1979 AC; 2003 AACS.  
R 323.2124 Public notices and fact sheets; mailing lists.  
Rule 2124. (1) An interested person who desires to receive copies of all public  
notices or fact sheets, or both, on state or national permit applications for  
discharges in a geographical drainage area of the state as identified in subrule (2) of this  
rule, may request that his or her name be placed on a permanent mailing list of the  
department for the information.The request shall be made in writing to the department  
office in Lansing and shall be renewed in December of each year. Failure to renew the  
request is just cause for the department to remove a name from the mailing list.  
(2) The written request of an interested person to the department shall clearly  
identify the name of the person, the person's address, the documents desired, and the  
geographical drainage area of the state for which information is requested. A  
separate request shall be made for each of the following geographical drainage areas of  
the state:  
(a) Lake Michigan and tributaries thereto, entire.  
(b) Lake Michigan and tributaries thereto, Upper Peninsula.  
(c) Lake Michigan and tributaries thereto, Lower Peninsula.  
(d) Lake Superior and tributaries thereto.  
(e) Lake Huron and tributaries thereto.  
(f) Lake Erie and tributaries thereto.  
(g) St. Mary's river.  
(h) Detroit river, Lake St. Clair, and St. Clair river and tributaries thereto.  
History: 1979 AC; 2003 AACS.  
R 323.2125 Public notices and fact sheets; notice to other governmental  
Rule 2125. (1) Upon receipt of an application for a national permit which identifies  
an existing or proposed discharge into interstate waters, and when the department  
determines that the discharge may affect the quality of the waters of any other state,  
it shall notify the appropriate state or interstate agency of the discharge and shall  
transmit a copy of the public notice and fact sheet on the application thereto. Upon  
Page 17  
request of the state or interstate agency, the department shall also transmit a copy of  
the application and the draft permit prepared pursuant to R 323.2115.  
(2) A state or interstate agency notified by the department pursuant to subrule (1)  
of this rule shall have 45 days in which to comment on the existing or proposed  
discharge and may submit in writing to the department and the regional administrator  
its views and recommendations. The views and recommendations submitted to the  
department by another state or interstate agency may be incorporated into the national  
permit if determined necessary and desirable by the department. If not incorporated  
into the national permit, the department shall notify the state or interstate agency in  
writing and provide an opportunity for hearing, if requested by the state or interstate  
(3) When a public notice on a national permit application for discharges into  
navigable waters is posted or published, the department shall transmit a copy of the  
notice and fact sheet thereon to the appropriate district engineer of the United States  
army corps of engineers for existing or proposed discharges identified therein, if such  
discharges are not minor discharges.  
(4) If requested in writing thereby, the department shall mail a copy of a public  
notice or fact sheet, or both, for an application for a national or state permit, to any  
other federal, state, or local agency or affected Canadian provincial or federal  
agencies. The provisions of subrule (2) of this rule with regard to opportunity for  
comment and hearings apply to the federal, state, or local agencies, or Canadian  
provincial or federal agencies.  
History: 1979 AC; 2003 AACS.  
R 323.2126 Rescinded.  
History: 1979 AC; 2003 AACS.  
R 323.2127 Public access to NPDES forms and department files and records.  
Rule 2127. A copy of a state or national permit application, public notice, fact sheet,  
draft permit, and other NPDES forms relating thereto, including written public comment  
thereon, and other reports, files, and information relating to the application not  
classified as confidential information by the department pursuant to R 323.2128 shall be  
available for public inspection and copying during normal business hours at the  
department office in Lansing and an appropriate district office of the department in the  
geographical area of the applicant. Document inspection and copying procedures shall  
be according to R 323.1015.  
History: 1979 AC; 2003 AACS.  
R 323.2128 Confidential information.  
Rule 2128. Upon determination by the department that public disclosure of  
information contained on any NPDES form, except information concerning effluent  
Page 18  
data or information from the files and records of the department not otherwise entitled to  
protection against disclosure by previous action of the department or of EPA, would  
divulge information entitled to protection as trade secrets of the applicant, the  
department shall label and otherwise handle the information as confidential, and shall  
notify and forward the information to the regional administrator. In making its  
determination of entitlement to protection as a trade secret, the department shall  
consider evidence submitted by the applicant. If the department denies entitlement to  
protection as a trade secret, the applicant, upon notification thereof, shall have 30 days in  
which to appeal the decision to the department. If the  
department determines, following appeal, that the information is not entitled to trade  
secret status, then the department, not less than 30 days after the applicant is notified of  
the decision, shall release the information for inspection or copying pursuant to R  
323.2127. Where EPA has previously accorded trade secret status to information of an  
applicant, the department shall accept that finding as entitlement to trade secret status  
for the purpose of this rule. Unless otherwise determined by the regional  
administrator or the department, all information labeled by the department as confidential  
shall not be available to the public for inspection or copying pursuant to R 323.2127,  
except that the information shall be made available at any time to the regional  
administrator or other authorized representative of the United States concerned with  
carrying out part 31 of the act or the federal act, upon written request therefore.  
History: 1979 AC; 2003 AACS.  
R 323.2130 Permit applications; public hearings, determinations, and  
Rule 2130. (1) Within the 30-day comment period or other applicable comment  
period provided after posting or publishing of a public notice pursuant to R 323.2119, an  
applicant, any affected state or state or interstate agency or country, the regional  
administrator, or any other interested person or agency may file a petition with the  
department for a public hearing on an application for a state or national permit. A  
petition for a public hearing shall indicate the reasons why a hearing is requested, the  
interest in or relationship of the petitioner to the application or existing or proposed  
discharge identified therein, and specifically indicate which portions of the application or  
other NPDES form or information constitutes necessity for a public hearing. If the  
department determines that a petition constitutes sufficient cause or that there is  
sufficient public interest in an application for a public hearing, it may direct the  
scheduling of a hearing thereon.  
(2) A hearing shall be scheduled not less than 4 weeks nor more than 8 weeks  
after the department determines the necessity of the hearing in the geographical  
location of the applicant or, at the discretion of the department, at another  
appropriate location, and shall be noticed not less than 30 days before the hearing in the  
same manner as the public notice on an application pursuant to R 323.2117 and R  
323.2118. The notice of public hearing shall be transmitted to the applicant and shall  
be published in at least 1 newspaper of general circulation in the geographical area of  
the existing or proposed discharge identified on the permit application and shall be  
mailed to any person or group upon request therefore. Notice shall be mailed to all  
Page 19  
persons and governmental agencies which received a copy of the notice or the fact sheet  
for the permit application.  
(3) The department may hold a single public hearing on related groups of permit  
History: 1979 AC; 2003 AACS.  
R 323.2131 Permit applications; public hearing notice; contents.  
Rule 2131. A notice by the department of a public hearing on an application shall  
contain, in addition to the time and place of the hearing, all of the following  
(a) The address and telephone number of the department office in Lansing, and the  
appropriate district office of the department.  
(b) The name and address of the applicant whose application will be considered  
at the public hearing.  
(c) The name of the waterway to which a discharge, as identified on the  
application, is or will be made, and a concise description of the location on the waterway  
of the discharge.  
(d) Reference to the public notice posted and published for the application,  
including the identification numbers and dates of issuance thereof.  
(e) A brief statement of the purpose of the public hearing.  
(f) A concise description of the issues which have been identified by the petitioners  
requesting the public hearing.  
(g) The address or addresses of department offices where interested persons may  
inspect or obtain copies of a draft permit, fact sheet, or other applicable NPDES  
forms or other reports, files, or information relating to an application subject to public  
hearing, if the documents have not been labeled confidential by the department pursuant  
to R 323.2128.  
(h) A concise description of the nature of the public hearing and the issues to be  
heard, with reference to department rules and procedures to be followed.  
History: 1979 AC; 2003 AACS.  
R 323.2133 Permit applications; determinations; issuance; denial.  
Rule 2133. (1) After review of tentative determinations or modifications thereof  
made by the staff of the department pursuant to R 323.2115, any comments on the  
permit application received by the department from the regional administrator  
pursuant to R 323.2112, comments received from the public during the 30-day  
comment period following public notice of the permit application as provided by R  
323.2117, or other applicable recommendations or determinations, and review of the  
public hearing record after a hearing on an application pursuant to R 323.2130, the  
department shall make a final determination on the permit application and may issue  
or deny a state or national permit pursuant to section 3106 of part 31 of the act.  
(2) An appeal to a final determination of the department made pursuant to subrule  
(1) of this rule, or to a condition of a permit issued, or the denial of a permit pursuant to  
Page 20  
part 31 of the act and the rules shall be in accordance with and subject to section  
3113 of part 31 of the act.  
(3) When the department issues a state or national permit to a discharger in  
possession of an order of determination or stipulation of the department issued or  
entered into before April 15, 1973, the state or national permit conditions shall take  
precedence over all conditions of the order of determination or stipulation. If the  
department denies the issuance of a state or national permit to a  
discharger in  
possession of an order of determination or stipulation of the department,  
compliance with the conditions of the order of determination or stipulation is not a  
defense of the discharger's obligation as prescribed by part 31 of the act.  
(4) A national permit issued by the department pursuant to part 31 of the act and  
these rules is a state permit where the permit is issued for waste or wastewater discharges  
into the surface waters of the state. A state permit issued for a waste or wastewater  
discharge into groundwaters or on the ground is not a national permit required pursuant to  
the federal act.  
History: 1979 AC; 2003 AACS.  
R 323.2134 Permits; transmittal to EPA.  
Rule 2134. The department shall transmit all copies of national permits issued by  
the department pursuant to part 31 of the act and these rules to the regional  
administrator immediately following issuance. If a permit is denied, written notice  
thereof and the reasons therefore shall be transmitted to the regional administrator.  
History: 1979 AC; 2003 AACS.  
R 323.2136 Terms and conditions of permits; prohibited discharges.  
Rule 2136. (1) A permit shall not be issued to a person proposing any of the  
following discharges:  
(a) A discharge containing a radiological, chemical, or biological warfare agent, or  
a high-level radioactive waste.  
(b) A discharge containing a substance which the department determines would  
substantially impair anchorage, or navigation, or both.  
(c) A point source discharge in conflict with an areawide waste treatment  
management plan or amendments thereto, prepared by a management agency  
pursuant to section 208(b) of the federal act, unless the department finds the variance  
necessary to protect the public health, safety, and welfare.  
(2) An NPDES permit will not be issued to a person proposing any of the  
following discharges into waters subject to regulation under the federal act:  
(a) A discharge containing a radiological, chemical, or biological warfare agent, or  
a high-level radioactive waste.  
(b) A discharge containing a substance which, as determined by the secretary  
of the army acting through the chief of engineers of the United States army corps of  
engineers, would substantially impair anchorage, or navigation, or both.  
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(c) A discharge to which the regional administrator objects in writing to the  
department pursuant to R 323.2112, pursuant to any right to object provided the  
administrator of EPA in section 402(d) of the federal act.  
(d) A point source discharge in conflict with an areawide waste treatment  
management plan, or amendments thereto, prepared by a management agency  
pursuant to section 208(b) of the federal act unless otherwise approved by EPA.  
History: 1979 AC; 2003 AACS.  
R 323.2137 Terms and conditions of permits; effluent standards and  
Rule 2137. When applicable, a permit issued by the department shall contain terms  
and conditions deemed necessary by the department to ensure compliance with at least  
the following effluent standards and limitations:  
(a) Effluent limitations for publicly owned treatment works and other point source  
discharges when promulgated by the administrator of EPA pursuant to sections 301,  
302, 307, and 308 of the federal act, in accordance with and subject to the date of  
compliance prescribed therein, if the limitations are not in conflict with part 31 of the act  
or the federal act.  
(b) Standards of performance, when promulgated by the administrator of EPA, for  
new sources within the categories defined in section 306 of the federal act.  
(c) If the permit is for a discharge from a publicly owned treatment works, standards  
of performance, pretreatment standards or effluent limitations or prohibitions when  
promulgated by the administrator of EPA for toxic substances, monitoring, and  
charges pursuant to sections 204(b), 307, and 308 of the federal act, if the standards,  
limitations, or prohibitions are not in conflict with part 31 of the act or the federal act.  
(d) Any other more stringent limitation deemed necessary by the department to  
meet applicable water quality standards, treatment standards, or schedules of compliance  
established pursuant to part 31 of the act or rules promulgated pursuant thereto, or  
necessary to meet other federal law or regulation enacted or promulgated subsequent  
to these rules, or required to meet any applicable water quality standards, including  
applicable requirements necessary to meet maximum daily loads established by and  
incorporated into the state's continuing planning process required pursuant to section  
303 of the federal act.  
History: 1979 AC; 2003 AACS.  
R 323.2138 Terms and conditions of permits; consistency with water quality  
Rule 2138. When a state or national permit is issued by the department which  
contains any effluent standards or limitations set forth in R 323.2137, the department  
shall verify that the discharge authorized by the issued permit will not violate  
applicable water quality standards. When a permit contains additional effluent  
limitations based upon applicable water quality standards, the department shall  
Page 22  
prepare a wasteload allocation ensuring that the discharge authorized by the issued  
permit is consistent with applicable water quality standards.  
History: 1979 AC; 2003 AACS.  
R 323.2139 Terms and conditions of permits; requirements to comply with  
Rule 2139. The department, if it deems necessary, may impose any further  
requirements under the terms and conditions of a state or national permit to comply with  
an areawide waste treatment management plan, or amendments thereto, prepared by  
a management agency pursuant to section 208(b) of the federal act.  
History: 1979 AC; 2003 AACS.  
R 323.2140 Terms and conditions of permits; interim requirements.  
Rule 2140. Before promulgation of regulations by the administrator of EPA  
relating to applicable effluent standards or limitations, or standards of performance set  
forth in R 323.2137, the department may impose any standard, limitation, or condition  
within a state or federal permit to ensure compliance with part 31 of the act and the  
federal act.  
History: 1979 AC; 2003 AACS.  
R 323.2141 Terms and conditions of permits; discharges from vessels.  
Rule 2141. (1) If a national permit is issued pursuant to part 31 of the act and these  
rules for the discharge of wastes from a vessel other than human sewage exempted by R  
323.2109, the permit shall contain requirements in accordance with and subject to the  
applicable regulations promulgated by the secretary of the federal department in which  
the United States coast guard is operating, which establish specifications for  
transportation, handling, carriage, storage, and stowage of such wastes.  
(2) The department shall issue a national permit for the discharge of wastes from  
a vessel only when the permit is in conformance with part 95 of the act.  
History: 1979 AC; 2003 AACS.  
R 323.2142 Terms and conditions of permits; other limitations and  
Rule 2142. When issuing a state or national permit pursuant to part 31 of the act and  
these rules, the department shall specify therein, where applicable, average and  
maximum daily quantitative limitations for the level of wastewater constituents in  
terms of weight and, if appropriate, average or maximum concentration limits for the  
wastes in the discharge authorized by the issued permit.  
Page 23  
History: 1979 AC; 2003 AACS.  
R 323.2145 Terms and conditions of permits; schedules of compliance.  
Rule 2145. (1) A person issued a state or national permit by the department pursuant  
to R 323.2133 who is not in compliance with applicable effluent standards and  
limitations or other requirements conditioned therein at the time the permit is issued  
shall achieve compliance within a period of time as set forth by the department, with  
effluent standards and limitations, with water quality standards, or with specific  
requirements or conditions set by the department. The department shall require  
compliance with terms and conditions of the permit in the shortest reasonable period  
of time as determined thereby, or within a time schedule for compliance which shall be  
specified in the issued permit.  
(2) If a time schedule for compliance specified in a state or national permit which  
is established by the department pursuant to subrule (1) of this rule is more than 9  
months, then the time schedule shall provide for interim dates of achievement for  
compliance with certain applicable terms and conditions of the permit. Each interim  
date specified in the permit shall not be more than 9 months and, to the extent  
practicable, shall fall on March 31, June 30, September 30, or December 31.  
History: 1979 AC; 2003 AACS.  
R 323.2146  
Terms and conditions of permits; compliance reports by  
Rule 2146. Within 14 days after an interim date of compliance or the final date of  
compliance specified in a state or national permit, a permittee shall provide the  
department with written notice of his or her compliance or noncompliance with  
the requirements or conditions specified to be completed by that date. Failure to submit  
the written notice to the department is just cause for the department to pursue  
enforcement action against the discharger pursuant to part 31 of the act or these rules.  
History: 1979 AC; 2003 AACS.  
R 323.2147 Noncompliance lists.  
Rule 2147. (1) The department shall prepare and submit to the regional  
administrator, on or before February 28, May 31, August 31, and November 30, a list of  
all dischargers holding national permits which, as of 30 days before the date of the  
report, have submitted a report to the department pursuant to R 323.2146 showing  
noncompliance with requirements set forth by the department to be met on interim dates  
or on the final date of compliance specified in the permit and those which have not filed  
a timely report. The noncompliance list shall be available to the public at appropriate  
department offices for inspection and copying, and shall contain all of the following  
(a) The name and address of each noncomplying permittee.  
(b) A concise description of the nature of noncompliance.  
Page 24  
(c) A description of proposed actions to be taken by the department or the permittee  
to correct the noncompliance.  
(d) Any other information deemed necessary by the department to explain or  
mitigate an instance of noncompliance.  
(2) A discharger who fails or refuses to comply with an interim or final date of  
compliance specified in a state or national permit may be deemed by the department to  
be in violation of the permit and may be subject to enforcement action prescribed in  
part 31 of the act or these rules.  
History: 1979 AC; 2003 AACS.  
R 323.2149 Other terms and conditions of state and national permits.  
Rule 2149. (1) As part of the condition for issuing a state or national permit by the  
department pursuant to these rules, a discharger shall assure the department of all of the  
(a) All discharges authorized by the permit are consistent with the terms and  
conditions of the permit and that the permittee will make all reasonable effort to meet  
any interim or final dates of compliance specified in the permit.  
(b) Any facility expansion, production increases, process modifications, changes  
in discharge volume, or other changes in operations or conditions of the permittee which  
may result in a new or increased discharge of waste or wastewater shall be reported to  
the department by submission of a new application for a state or national permit  
pursuant to R 323.2108, or if the discharge does not violate effluent limitations  
specified in the permit, by submission to the department of notice of  
increased discharge.  
new or  
(c) The permittee shall allow any authorized department representative to enter  
upon the permittee's premises at any reasonable time, upon presentation of credentials, to  
have access to and copy any applicable records, to inspect process facilities, treatment  
works, monitoring methods or equipment therefore, or to sample any effluent of a  
discharge authorized by a permit.  
(d) At all times the permittee shall maintain in good working order and operate as  
efficiently as possible any facilities or systems of control installed to achieve  
compliance with the terms and conditions of a permit.  
(2) Before the department issues a state or national permit for a discharge from the  
publicly owned treatment works, it shall secure assurance from the applicant that it will  
be notified of all of the following:  
(a) Any new introduction of waste or wastewater constituents into the treatment  
works from a source which would be a new source as defined in section 306 of the  
federal act if the source were discharging wastewater constituents.  
(b) Except as to categories and classes of point sources or discharges specified by  
the department, any new introduction of waste or wastewater constituents into the  
treatment works from a source which would be subject to section 301 of the federal act if  
the source were discharging waste or  
wastewater constituents.  
Page 25  
(c) Any substantial change in volume or character of waste or wastewater  
constituents being introduced into such treatment works by a source discharging  
wastewater into the treatment works at the time of issuance of a permit.  
(3) If a permit is issued by the department for a discharge from a publicly owned  
treatment works, the permittee shall require any industrial user of the treatment works to  
comply with the requirements of sections 204(b), 307, and 308 of the federal act. To  
ensure compliance, a permittee shall require of each industrial user subject to the  
requirements of section 307 of the federal act to submit periodic notice over intervals,  
of not more than 9 months, of progress toward full compliance with section 307  
requirements. The permittee shall forward a copy of the periodic notice to the  
History: 1979 AC; 2003 AACS.  
R 323.2150 Duration of permits.  
Rule 2150. A state or national permit issued pursuant to part 31 of the act and these  
rules shall have a fixed term which shall not be more than 5 years.  
A person who wishes to continue to discharge waste or wastewater into the surface  
or groundwaters of the state or on the ground shall apply for reissuance of a permit  
pursuant to R 323.2151.  
History: 1979 AC; 2003 AACS.  
R 323.2151 Review and reissuance of state and national permits.  
Rule 2151. (1) Not less than 180 days before the expiration date of a state or  
national permit issued by the department pursuant to part 31 of the act and these rules, a  
permittee who wishes to continue the discharge of waste or wastewaters into the surface  
or groundwaters of the state or on the ground shall submit a written request to the  
department for reissuance.  
(2) After receipt of written request for reissuance of a state or national permit by a  
permittee, the department shall review the request, and before reissuing a permit shall  
be assured by the permittee of all of the following:  
(a) The permittee is in compliance with or has substantially complied with the  
terms, conditions, requirements, and schedules of compliance of the existing state or  
national permit.  
(b) The department has up-to-date information on the permittee's production levels,  
waste treatment practices, and the nature, contents, and frequency of the permittee's  
discharge. The information shall be available to the department either through the  
submission of new NPDES forms by the permittee or by means of monitoring records or  
reports submitted thereto pursuant to R 323.2155.  
(c) The discharge is consistent with applicable effluent standards and limitations,  
water quality standards, and other legally applicable requirements, including any  
additions to, or revisions or modifications of, the effluent standards and limitations,  
water quality standards, or other legally applicable requirements during the term of the  
Page 26  
(3) The department shall follow the public notice and public participation  
procedures specified in R 323.2117 to R 323.2119 and R 323.2124 to R 323.2127 before  
any state or national permit is reissued pursuant to this rule.  
(4) A copy of a national permit reissued by the department shall be transmitted  
to the regional administrator with any other appropriate NPDES forms or other  
applicable information relating thereto.  
History: 1979 AC; 2003 AACS.  
R 323.2153 Point source discharges; standards of performance.  
Rule 2153. A facility, building, installation, or industry which discharges a point  
source discharge subject to a national permit and which is so constructed after  
October 18, 1972, to meet all applicable effluent standards of performance as required by  
the federal act, part 31 of the act, or these rules, shall not be subject to any more  
stringent standard of performance for any wastewater constituent during a 10-year period  
beginning on the date of completion of construction, or during the period of  
depreciation or  
amortization of the facility for the purposes of section 167, or 169, or both, of the  
internal revenue code of 1954, 26 U.S.C. §167 or 169, whichever period ends first,  
unless reallocation of effluent loads are necessitated in a discharge complex to meet  
water quality standards.  
History: 1979 AC; 2003 AACS.  
R 323.2154 Monitoring of discharges authorized by permits; requirements.  
Rule 2154. (1) The department may set forth monitoring requirements of any  
discharge authorized by a state or national permit issued by it pursuant to these rules. In  
requiring any discharge monitoring, the department shall specify the type of  
monitoring required, and the discharger shall obtain approval of the installation, use,  
and maintenance of monitoring equipment or methods to be employed therefore from the  
(2) A discharge authorized by a national permit which the regional  
administrator, by written request to the department, requires to be monitored or which  
contains toxic waste or wastewater constituents for which an effluent standard or  
limitation has been established by the administrator of EPA pursuant to section 307(a) of  
the federal act, shall be monitored by the permittee for any or all of the following:  
(a) The flow of the discharge in gallons per day or other volumes required by the  
(b) Waste or wastewater constituents subject to reduction or elimination under the  
terms and conditions of the permit.  
(c) Specific waste or wastewater constituents which are determined by the  
department to have a significant effect on the quality of the waters of the state.  
(d) Waste or wastewater constituents specified as subject to monitoring by the  
administrator of EPA in regulations promulgated pursuant to the federal act.  
Page 27  
(e) Any other specific waste or wastewater constituents which the regional  
administrator may request in writing to be monitored.  
(3) The frequency of monitoring of a waste or wastewater discharge required to be  
monitored pursuant to this rule shall be specified in a state or national permit when  
issued, except that the department at any time may require additional monitoring by  
notification of the permittee in writing.  
History: 1979 AC; 2003 AACS.  
R 323.2155 Monitoring of discharges authorized by permits; recording and  
Rule 2155. (1) A permittee required to monitor a waste or wastewater discharge  
pursuant to R 323.2154, shall maintain records of all information resulting from such  
monitoring, including the date, place, and time of sampling; dates analyses were  
performed; the person performing the analyses; the analytical techniques, procedures, or  
methods used; and the results of the analyses. All records and results of monitoring  
activities, and calibration and maintenance records shall be retained by the permittee  
a minimum of 3 years unless otherwise required or extended by the department or the  
regional administrator.  
(2) The department may require a permittee to report periodically the results of  
all monitoring activities undertaken on an appropriate reporting form supplied by the  
department. The department shall notify the permittee of the frequency of reporting, but  
the reporting frequency shall not be less than at least once in a period of 1 year.  
(3) Upon written request of the regional administrator, the department shall  
transmit thereto any reporting form or other monitoring information required by this  
History: 1979 AC; 2003 AACS.  
R 323.2159 State and national permits; modification or revocation by the  
Rule 2159. (1) The department may modify any term or condition, including a  
schedule of compliance, of a permit, or may revoke a permit upon its finding of any of  
the following:  
(a) There is a change in any condition that requires a temporary or permanent  
reduction or elimination of a permitted discharge or constituent thereof.  
(b) The administrator of EPA issues a regulation prescribing a restriction or  
prohibition of a waste or wastewater constituent which is not covered by the terms and  
conditions of a permit, or the regulation is more stringent than any limitation imposed on  
a wastewater constituent in a permit.  
(c) A modification of the terms and conditions of a permit or a time schedule  
thereon is necessary because of an act of God or other conditions beyond the control of  
the permittee.  
Page 28  
(d) In the case of discharges from publicly owned treatment works, federal treatment  
works grant funds are not available or are not sufficient to allow construction of the  
treatment works in a time schedule set forth in the permit.  
(e) There is a violation of any term or condition of the permit.  
(f) The permittee has obtained a permit by misrepresentation or has failed to disclose  
all relevant facts to the commission.  
(g) A toxic effluent standard or prohibition, including any schedule of compliance  
specified therein, is established pursuant to section 307(a) of the federal act for a toxic  
waste or wastewater constituent which is present in the permittee’s discharge and the  
standard or prohibition is more stringent than any limitation upon the waste or  
wastewater constituent in the permit.  
(h) The POTW receives wastewater from a nondomestic source and the  
development of a pretreatment program is necessary to control the introduction of  
regulated pollutants.  
(i) When a request for removal credits is approved in accordance with R  
(2) The department shall notify the regional administrator of any change in status or  
condition of a permit and he or she shall have an opportunity to object thereto, in writing,  
within 45 days before the effective date of the modification. If the regional administrator  
objects in writing, then the objection shall be resolved before the modification is  
approved by the department, unless the right to object is waived, in writing, by the  
regional administrator.  
(3) A permittee who is affected by a modification of a permit by the department  
shall be notified not less than 90 days before the effective date of the modification and,  
upon petition therefore, shall have a hearing thereon pursuant to section 3112 of part  
31 of the act.  
(4) If the department modifies an effluent limitation or a schedule of compliance  
in a permit, notice of the modification shall be mailed to all persons on the department  
mailing list for public notices and fact sheets as prescribed by R 323.2124, and any  
interested person may comment thereon within 30 days following the date of  
History: 1979 AC; 1985 AACS; 2003 AACS.  
R 323.2160 Enforcement.  
Rule 2160. (1) A person who submits false information to the department on an  
application, other NPDES form, or any other reporting form, or who violates any of  
these rules, a term, condition, or schedule of compliance contained within a valid state  
or national permit, or part 31 of the act is subject to the remedies or penalties prescribed  
by section 3115 of part 31 of the act.  
(2) The department shall notify the regional administrator of all violations of  
these rules, a valid permit, or part 31 of the act, and of the means by which the  
department proposes to correct or require the correction of violations.  
History: 1979 AC; 2003 AACS.  
Page 29  
R 323.2161 Storm water discharge permits.  
Rule 2161. (1) A person who discharges storm water that is subject to  
regulation pursuant to the provisions of section 402(p) of the federal act and the  
corresponding regulations promulgated in 40 C.F.R. §122.26 (2000) shall apply for  
or obtain a national permit if the person has, will have, or operates any of the  
(a) Storm water discharges associated with industrial activity. A national  
permit is not required if, in accordance with 40 C.F.R. §122.26(g) (2000), a discharge  
composed entirely of storm water is not a storm water discharge associated with  
industrial activity because there is no exposure of industrial materials and activities to  
rain, snow, snowmelt, or runoff, or any combination, and if the discharger has met the  
conditions of no exposure listed on a certification form provided by the department.  
The discharger shall complete, sign, and submit to the