DEPARTMENT OF ENVIRONMENTAL QUALITY

ENVIRONMENTAL RESPONSE DIVISION

GENERAL RULES

(By authority conferred on the water resources commission by sections 2 and 5 of Act No.

245 of the Public Acts of 1929, as amended, sections 33 and 63 of Act No. 306 of the

Public Acts of 1969, as amended, and Executive Order No. 1976-8a, being §§323.2, 323.5,

24.233, and 24.263 of the Michigan Compiled Laws)

PART 22. GROUNDWATER QUALITY

R 323.2201 Purpose; scope.

Rule 2201. As used in these rules:

(a) "Act" means Act No. 451 of the Public Acts of 1994, as amended, being section

324.101 et. seq. of the Michigan Compiled Laws, and known as the natural resources and

environmental protection act.

(b) "Additive" means a substance added to water to enhance its effectiveness for uses

such as, but not limited to, cleaning, disinfecting, heating, and cooling. A substance may

be added to water directly or indirectly by being added to a process in such a way that it

becomes a constituent of the wastewater.

(c) "Aquifier" means a geological formation, group of formations, or partof a formation

capable of yielding significant quantities of groundwater to wells or springs.

(d) "Background groundwater quality" means the concentration or level of asubstance in

groundwater within an aquifer and hydraulically connected aquifers at the site receiving a

discharge, if the aquifer has not been impacted by a discharge caused by human activity.

(e) "Cluster well" means a grouping of more than 1 well at a single location where the

screen for each well in the group is set either at a different depth within the same aquifer

or set in different aquifers separated by a confining or semi-confining layer.

(f) "Controlled application" means the noninjurious application of a substance for its

intended purpose in accordance with the manufacturer's recommendations or normally

accepted or regulated practices.

(g) "Department" means the department of environmental quality or a local health

department that has been certified to exercise the pertinent authority under R 323.2209.

(h) "Designated wellhead protection area" means a specific geographic area which is

approved by the department as the surface and subsurface area surronding a water well or

well field that supplies a public water system and through which contaminants are

reasonably likely to move toward and reach the water well or well field.

(i) "Discharge" means any direct or indirect discharge of any of the following into the

groundwater or on the ground:

(i) Waste.

(ii) Waste effluent.

(iii) Wastewater.

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(iv) Pollutant.

(v) Cooling Water.

(vi) A combination of the items specified in paragraphs (i) to (v) of this subdivision.

(j) "Discharger' means a person who directly or indirectly discharges any of the following

into the groundwater or on the ground:

(i) Waste.

(ii) Waste Effluent.

(iii) Wastewater.

(iv) Pollutant.

(v) Cooling water.

(vi) A combination of the itmes specified in paragraphs (i) to (v) of this subdivision.

For a treatment facility that has been or is being closed, the discharger is the person who

formerly discharged at the site while using the facility or is the owner of the facility, or

both.

(k) "Domestic activity" means an activity which normally takes place as a result of

occupying a household, but which does not include a commercial or industrial activity

conducted in a household.

(1) "Domestic equivalent activity" means an activity at a commercial, municipal, or

industrial facility, such as lawn watering, that is comparable to a domestic activity.

(m) "Effluent" means waste or wastewater during or subsequent to treatment but before

discharge.

(n) "Existing groundwater quality" means the concentration or level of a substance in

groundwater within an aquifer and hydraulically connected aquifers at the site receiving

the discharge whether or not it is impacted by human activity. A discharge or release by

the applicant or a predecessor in interest of the applicant cannot be considered in

determining existing groundwater quality.

(o) "General purpose floor drain" means a point source, such as a pipe, conduit, or other

conveyance, that originates in a structure and discharges, or is capable of discharging, a

release defined by part 201 or waste or wastewater not authorized under these rules eigher

directly or indirectly to the ground or groundwater.

(p) "Groundwater" means water below the land surface in a zone of saturation.

(q) "Hydrogeological report" means a document presenting and interpreting field

information or published hydrogeologic information, or both, gathered at a location for the

purpose of describing the existing hydrogeologic conditions and predicting the potential

impact on waters of the state from a discharge at the location.

(r) "Influent" means the wastewater received by or generated at a facility before

treatment.

(s) "Injurious" means any damage to or change in the condition of background

groundwater quality that causes or may cause groundwater to no longerbe fit for 1 or more

protected uses.

(t) "Local health department" means a county, district, or city health department.

History: 1980 AACS; 1998-2000 AACS

R 323.2202 Definitions; M to P.

Rule 2202. As used in these rules:

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(a) "Monitoring well" means a well that is specifically designed and located to allow for

the collection of hydrogeologic data and represent- ative samples in order to measure the

impact of a discharge on groundwater.

(b) "Noncontact cooling water" means water used for cooling that does not come into

direct contact with any of the following:

(i) Raw material.

(ii) Intermediate product.

(iii) By-product.

(iv) Waste product.

(v) Finished product.

(c) "Nuisance conditions" means conditions that cause a substantial unreasonable

interference with another person(s) use or enjoyment of the person's property, including

but not limited to, interference caused by any of the following:

(i) Odors.

(ii) Vectors.

(iii) Noise.

(iv) Pathogens.

(v) Changes in aesthetic qualities of groundwater.

(d) "Observation well" means a well that is specifically designed and located to allow for

the determination of existing hydrogeological conditions.

(e) "Parameters" means the specific characteristics describing the physical, chemical,

biological, and radiological conditions of influent, effluent, or groundwater.

(f) "Part 31" means part 31 of the act, water resources protection, being §§324.3101 to

324.3119 of the Michigan Compiled Laws.

(g) "Part 111" means part 111 of the act, hazardous waste management, being

§§324.11101 to 324.11152 of the Michigan Compiled Laws.

(h) "Part 115" means part 115 of the act, solid waste management, being §§324.11501 to

324.11549 of the Michigan Compiled Laws.

(i) "Part 201" means part 201 of the act, environmental remediation, being §§324.20101

to 324.20141 of the Michigan Compiled Laws.

(j) "Part 213" means part 213 of the act, leaking underground storage tanks, being

§§324.21301 to 324.21331 of the Michigan Compiled Laws.

(k) "Part 615" means part 615 of the act, supervisor of wells, being §§324.61501 to

324.61527 of the Michigan Compiled Laws.

(l) "Person" means an individual, partnership, corporation, association, governmental

entity, or other legal entity.

(m) "Pollutant" means any substance that may adversely affect a protected use of waters

of the state.

(n) "Protected uses" means uses of groundwater and interests related to groundwater

quality specified in section 3109(1) of the act including all of the following uses:

(i) Public health, safety, and welfare.

(ii) Domestic, commercial, industrial, agricultural, recreational, and other uses that are

being made or may be made of groundwater.

(iii) The value or utility of riparian lands.

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(iv) Livestock, wild animals, birds, fish, and aquatic life or plants or the growth or

propagation of, and the value in, livestock, wild animals, birds, fish, and aquatic life or

plants.

History: 1980 AACS; 1998-2000 AACS

R 323.2203 Definitions; R to W.

Rule 2203. As used in these rules:

(a) "Remediation plan" means a remedial action plan approved by the department under

part 115, 201, or 615, a corrective action plan prepared by the qualified consultant and

certified professional under part 213, or a corrective action plan or closure plan approved

by the department under part 111.

(b) "Sanitary sewage" means treated or untreated wastes that contain only human

metabolic wastes or wastes generated and discharged as a result of domestic or restaurant

activities.

(c) "Secondary containment facility" means a unit, other than the primary container in

which polluting material is packaged or held, which is designed and constructed so that the

polluting material cannot escape from the unit by gravity through sewers, drains, or other

means directly or indirectly into a sewer system or to the waters of the state.

(d) "Solum" means soil from the surface to a maximum depth of 60 inches.

(e) "Standard" means an effluent or groundwater quality standard established under R

323.2222.

(f) "Substance" means any of the following that may be injurious or that can be used as a

parameter to determine water quality:

(i) A naturally occurring or human-produced chemical.

(ii) A solid, liquid, semisolid, dissolved solid or gaseous material.

(iii) A virus or biological organism.

(iv) A metabolite, degradation product, or waste product.

(g) "Surface water" means all waters of the state excluding groundwater, but does not

include drainageways and ponds used solely for wastewater conveyance, treatment, or

control.

(h) "Total inorganic nitrogen" means the total of ammonia plus nitrate plus nitrite

expressed as nitrogen.

(i) "Totals analysis" means the concentration of a substance in a medium such as soil or

sediments based on the weight of the substance per dry weight of the medium and usually

expressed in milligrams of the substance per kilogram dry weight of the medium.

(j) "Unusable aquifer" means an aquifer that is not a usable aquifer.

(k) "Usable aquifer" means an aquifer, or that portion of a formation hydraulically

connected to an aquifer, that is capable of providing water in sufficient quantity and of

satisfactory quality to serve 1 or more protected uses. Usable aquifers do not include

aquifers from which minerals, oil, or gas is extracted or fluids are injected and regulated

by part 615 or part 625 of the act, mineral wells, being §§324.62501 to 324.62518 of the

Michigan Compiled Laws.

(l) "Venting" means the recharging of surface water by groundwater.

(m) "Unsaturated soil column" means the depth of unconsolidated material from the

ground surface to the top of the highest seasonal groundwater table.

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(n) "Waste" means any waste, wastewater, waste effluent, or pollutant that is discharged

into water, including any of the following:

(i) Industrial, municipal, and agricultural waste.

(ii) Dredged spoil.

(iii) Solid waste.

(iv) Incinerator residue.

(v) Sewage.

(vi) Garbage.

(vii) Sewage sludge.

(viii) Munitions.

(ix) Chemical wastes.

(x) Biological materials.

(xi) Radioactive materials.

(xii) Heat.

(xiii) Wrecked or discarded equipment.

(xiv) Rock.

(xv) Sand.

(xvi) Cellar dirt.

(o) "Wastewater" means liquid waste discharged directly or indirectly into the waters of

the state or onto the ground that results from industrial and commercial processes or

municipal operations, including liquid or water- carried process waste, cooling and

condensing waters, and sanitary sewage.

(p) "Waters of the state" means any of the following:

(i) Groundwater.

(ii) Lakes, including the Great Lakes bordering the state.

(iii) Rivers.

(iv) Streams.

(v) All other water courses and bodies of water within the jurisdiction of the state,

including wetlands as defined by part 303 of the act, wetlands protection, being

§§324.30301 to 324.30323 of the Michigan Compiled Laws.

(q) "Well" means a properly designed and constructed hydraulic structure that permits the

measurement or withdrawal of groundwater from an aquifer.

History: 1979 ACS 3, Eff. Aug. 30, 1980; 1999 AACS; 1998-2000 AACS

R 323.2204 Discharge requirements.

Rule 2204.(1) A person may discharge provided the requirements of this rule are met.

(2) To be authorized under this part, a person shall comply with the following discharge

requirements unless otherwise specifically provided:

(a) The discharge shall not be, or not be likely to become, injurious.

(b) The discharge shall not cause runoff to, ponding on, or flooding of adjacent property,

shall not cause erosion, and shall not cause nuisance conditions.

(c) The point of discharge shall be located not less than 100 feet inside the boundary of

the property where the discharge occurs, unless the discharge is authorized in R 323.2210,

R 323.2211, or R 323.2213 or unless a lesser distance is specifically approved by the

department in the authorization issued under these rules.

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(d) Except for a discharge authorized by R 323.2210, the discharge shall be isolated from

water supply wells as follows:

(i) For a discharge authorized by R 323.2211, R 323.2213, R 323.2215, or R 323.2216,

the discharge shall be a minimum of 200 feet from a type I or type IIa water supply well,

75 feet from a type IIb or III water supply well in accordance with Act No. 399 of the

Public Acts 1976, as amended, being §325.1001 et seq. of the Michigan Compiled Laws,

and known as the safe drinking water act, and 50 feet from any domestic well in accordance

with part 127 of Act No. 368 of the Public Acts of 1978, as amended, being §§333.12701

to 333.12715 of the Michigan Compiled Laws. The department may require a lesser or

greater isolation distance in an individual case based on groundwater flow direction,

volume, and constituents of contamination of the discharge; geological, surface, and other

site conditions; and the degree of threat to the well or wells.

(ii) For a discharge authorized by R 323.2218, the discharge shall be a minimum of 2,000

feet from a type I or type IIa water supply well, 800 feet from a type IIb or III water supply

well in accordance with Act No. 399 of the Public Acts 1976, as amended, being §325.1001

et seq. of the Michigan Compiled Laws, and known as the safe drinking water act, and 300

feet from a domestic well in accordance with part 127 of Act No. 368 of the Public Acts of

1978, as amended, being §§333.12701 to 333.12715 of the Michigan Compiled Laws. The

department may authorize a lesser or greater isolation distance in an individual case based

on groundwater flow direction, volume, and constituents of the discharge; geological,

surface, and other site conditions; and the degree of threat to the well or wells.

(e) The discharge shall be consistent with the requirements of R 323.1041 to R 323.1117.

(f) Except for a discharge authorized under R 323.2222(7)(b) or R 323.2224(2), the

discharge shall not create a facility as defined in part 201.A discharge authorized under R

323.2218 for which compliance is measured only in groundwater will not be considered a

facility under this provision based on a measurement between the point of discharge and a

point of compliance determined according to R 323.2224(1).

(3) For a discharge to meet the requirements of section 3112(1) of the act, authorization

must be granted in conformance with the applicable procedural requirements of R 323.2208

and a person shall be authorized by 1 or more of the following:

(a) An exemption established by R 323.2210.

(b) A permit by rule established in R 323.2211 or R 323.2213.

(c) A general permit issued under R 323.2215.

(d) A permit issued under R 323.2216 or R 323.2218.

History: 1980 AACS; 1998-2000 AACS

R 323.2205 Discharge prohibitions.

Rule 2205. (1) A person shall not discharge without an authorization under R 323.2204.

(2) A person shall not discharge through a general purpose floor drain unless authorized

by R 323.2210(v) or under R 323.2215 or R 323.2218.

(3) A person shall not discharge wastewater originating from a structure within 200 feet

of an available public sanitary sewer system, except for a discharge of noncontact cooling

water or a discharge from a groundwater remediation activity. For sanitary sewage, an

available public sanitary sewer system is defined by section 12751(a) of Act No. 368 of

the Public Acts of 1978, as amended, being R333.12751(a) of the Michigan Compiled

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Laws. For any other discharge, the department shall make a determination of availability

based on the ability of the public sanitary sewer system to treat the wastewater and the

costs associated with providing the treatment. Except for sanitary sewage, this subrule does

not apply to an existing discharge authorized under the provisions of part 31 at the time of

adoption of these rules.

History: 1980 AACS; 1998-2000 AACS

R 323.2206 Applicant responsibilities; compliance schedule; standard for municipal

wastewater treatment system; renewal, reissuance, or modification of permit

establishing effluent or groundwater limitations.

Rule 2206. (1) It is the responsibility of the applicant to provide the information described

in these rules as required or necessary for the department to make a decision.

(2) Failure to comply with the terms and conditions of an authorization to discharge

granted under this part, failure to comply with an applicable monitoring or reporting

requirement, or discharging in excess of an applicable standard is a violation of this part.

(3) The department shall compile and keep on file a central quarterly listing of all

dischargers who have exceeded a standard set by these rules for the concentration of a

substance in the effluent or groundwater or who have failed to submit a complete

compliance monitoring report as required by a permit. The listing shall identify the

discharger and the substance or substances that exceeded the effluent or groundwater

standard. In addition, the department shall also maintain records describing the actions

taken by the department and the discharger in response to an effluent or groundwater

standard being exceeded and the time necessary in each case to return the concentration of

the substance in the effluent or groundwater to below the standard set by these rules. The

listings and records are subject to Act No. 442 of the Public Acts of 1976, as amended,

being §15.231 et seq. of the Michigan Compiled Laws, and known as the freedom of

information act.

(4) If necessary to secure compliance with this part by a person discharging to

groundwater on the effective date of these rules without causing impracticable disruption

of the activity causing the discharge, the department may establish a schedule in a permit

under which the discharger shall come into compliance with this part during the term of

the permit. The department may not authorize a discharge under this subrule unless the

discharge meets the requirements of R 323.2204(2)(a).

(5) A wastewater treatment system shall not be subject to a more stringent standard than

that contained in a permit during the depreciation or amortization of the facility for the

purposes of section 167 or 169, or both, of the tax reform act of 1986, as amended, 26

U.S.C. §167 or §169, or both, but not longer than 10 years from the date of permit issuance,

if the treatment system meets all of the following conditions:

(a) The discharge is appropriately characterized as described in R 323.2220.

(b) The treatment system is constructed after the effective date of these rules to meet all

applicable standards described in R 323.2222.

(c) The discharge is permitted under R 323.2218.

(d) The discharge does not create a facility as defined in part 201 at any time during the

term described in this subrule.

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(6) In the case of effluent or groundwater limitations established under a permit issued by

the department before the effective date of these rules, a permit may not be reissued or

modified on the basis of a standard described in R 323.2222 that is less stringent than the

comparable effluent or groundwater limitation in the previous permit. This restriction does

not apply to a standard developed under R 323.2222(2)(c). The department may grant an

exception to this subrule, taking into account the state?s paramount concern for the

protection of its natural resources or the public trust in those resources from pollution,

impairment, or destruction, if 1 of the following provisions applies:

(a) A less stringent standard is necessary because of events over which the discharger

does not have control and for which there is no available remedy.

(b) The discharger has installed the treatment facilities required to meet the limitation in

the previous permit and has properly operated and maintained the facilities, but has been

unable to achieve the previous limitation. In this situation, the reissued or modified permit

shall contain a standard that reflects the level of pollutant control actually achieved if the

standard is not less stringent than would otherwise be required by R 323.2222.

(c) The discharger demonstrates, and the department finds, that the limitation in the prior

permit is not economically achievable. In making this demonstration, the discharger shall

demonstrate that the cost of maintaining treatment capability and controls in place is not a

feasible and prudent alternative to the use of the standard specified in R 323.2222. The

department shall specifically solicit public comments on the demonstration in the public

notice accompanying the proposed permit reissuance or modification.

(d) The standard specified in R 323.2222 is less stringent than the prior limitation because

the risk posed by the substance has been reevaluated based on new scientific information.

History: 1980 AACS; 1998-2000 AACS

R 323.2207 Designated wellhead protection area.

Rule 2207. (1) For a discharge in a designated wellhead protection area, the department

shall do both of the following:

(a) Notify a person seeking authorization under R 323.2211 to R 323.2218 that the

proposed discharge is in a designated wellhead protection area.

(b) Notify the pertinent public water supply system manager and local health department

that a discharge proposed under R 323.2211 to R 323.2218 is in a designated wellhead

protection area.

(2) A discharger in a designated wellhead protection area shall do both of the following:

(a) Provide, to the public water supply system manager, a copy of each monitoring report

provided to the department under R 323.2225 or R 323.2227.

(b) Notify the pertinent public water supply system manager when a discharge has

exceeded an applicable standard. The notification shall be made within 48 hours of a

determination by the discharger that an applicable standard has been exceeded.

History: 1980 AACS; 1998-2000 AACS

R 323.2208 Procedural requirements for authorization to discharge.

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Rule 2208.(1) The procedural requirements for the issuance of wastewater discharge

permits contained in part 21 of the rules implementing part 31 pertaining to a state permit,

being R 323.2101 to R 323.2192, apply to an authorization to discharge as specified in this

rule.

(2) For an authorization provided under R 323.2210, the requirements pertaining to a state

permit contained in R 323.2102 to 323.2105, R 323.2127, R 323.2149, R 323.2155, and R

323.2160 apply unless the requirements are inconsistent with the terms of this part.

(3) For an authorization provided under R 323.2211 and R 323.2213, the requirements

pertaining to a state permit contained in R 323.2102 to R 323.2105, R 323.2114, R

323.2127, R 323.2149, R 323.2151, R 323.2155, and R 323.2169 apply unless the

requirements are inconsistent with the terms of this part.

(4) For an authorization provided under R 323.2215, the requirements pertaining to a state

permit contained in R 323.2102 to R 323.2105, R 323.2115, R 323.2117 to R 323.2119, R

323.2121, R 323.2122, R 323.2126, R 323.2127, R 323.2130, R 323.2131, R 323.2149, R

323.2150, R 323.2155, R 323.2159, R 323.2160, and R 323.2162 to R 323.2186 and the

requirements pertaining to a permit contained in R 323.2191 and R 323.2192 apply unless

the requirements are inconsistent with the terms of this part.

(5) For an authorization provided under R 323.2216, requirements pertaining to a state

permit contained in R 323.2102 to R 323.2105, R 323.2106, R 323.2108, R 323.2112, R

323.2114, R 323.2115, R 323.2117, R 323.2124, R 323.2126, R 323.2127, R 323.2130, R

323.2131, R 323.2145 to R 323.2147, R 323.2149 to R 323.2151, R 323.2155, R 323.2159,

R 323.2160, and R 323.2162 to R 323.2186 apply unless the requirements are inconsistent

with the terms of this part.

(6) For an authorization provided under R 323.2218, the requirements pertaining to a state

permit contained in R 323.2102 to R 323.2105, R 323.2106, R 323.2108, R 323.2112, R

323.2114, R 323.2115, R 323.2117, R 323.2119, R 323.2121, R 323.2122, R 323.2124, R

323.2126, R 323.2127, R 323.2130, R 323.2131, R 323.2145 to R 323.2147, R 323.2149

to R 323.2151, R 323.2155, R 323.2159, R 323.2160, and R 323.2162 to R 323.2186 apply

unless the requirements are inconsistent with the terms of this part.

History: 1980 AACS; 1998-2000 AACS

R 323.2209 Department authorization of local health department to conduct certain

activities.

Rule 2209. (1) The department may authorize a local health department to conduct the

following activities for the department if the conditions in subrule (2) of this rule are met:

(a) Inspect facilities authorized to discharge under this part or facilities discharging in

violation of this part and notify the owner or operator of the facility of violations of this

part.

(b) Recommend to the department a decision on an authorization described in R 323.2215

and R 323.2216. Before making the recommendation, the local health department shall

follow the procedures described in this part.

(2) To be authorized for the activities described in subrule (1) of this rule, a local health

department shall be in compliance with all of the following provisions:

(a) Possess adequate legal authority to conduct the activities authorized.

Page 9

(b) Possess sufficient funding and adequately trained and experienced staff, as determined

by the department, to fully and competently perform the activities to be authorized.

(c) Conduct the activities according to the terms and conditions of this part.

(3) The department shall authorize a local health department to conduct activities under

this rule pursuant to all of the following procedures:

(a) To request authorization, a local health department shall provide information

determined necessary, and in a manner and at a time specified, by the department. In

requesting authorization, the local health department may apply to conduct some or all

activities described in subrule (1)(a) of this rule or subrule (1)(b) of this rule, or both.

(b) If the local health department meets the qualifications in subrule (2) of this rule, then

the department shall issue a document describing the activities authorized and the terms

and conditions of the authorization.

(c) The department shall provide funds, as may be available through monies appropriated

for this purpose by the legislature, to assist a local health department in conducting the

activities authorized under this rule.

(d) The department may revoke the authority issued under this rule if a local health

department fails to meet the conditions described in subrule (2) of this rule.

(e) A local health department may relinquish authority granted by the department under

this rule by written notice to the department.

(4) The department may continue to exercise all of its authority granted by the act and

this part notwithstanding a grant of authority to a local health department under this rule.

(5) The department shall provide assistance and training to local health departments

authorized under this rule in order to ensure effective and consistent implementation of this

part.

History: 1980 AACS; 1998-2000 AACS

R 323.2210 Items permitted to be discharged without permit.

Rule 2210. A person may discharge the following without a permit that would otherwise

be required by part 31 if the discharge meets the requirements of R 323.2204:

(a) Sanitary sewage in either of the following circumstances if the sanitary sewage is not

mixed with other waste:

(i) The discharge is less than 1,000 gallons per day and the disposal system is approved

by the county, district, or city health department that has jurisdiction in accordance with

either the requirements of the local sanitary code or the provisions of the publication

entitled “Michigan Criteria for Subsurface Sewage Disposal,” April 1994. Copies of the

publication may be obtained without charge at the time of adoption of these rules from the

Michigan Department of Environmental Quality, Drinking Water and Radiological

Protection Division, P.O. Box 30630, Lansing, Michigan 48909.

(ii) The discharge is less than 6,000 gallons per day, the disposal system is designed and

constructed in accordance with the provisions of the publication entitled “Michigan Criteria

for Subsurface Sewage Disposal,” April 1994, and the system is approved by the county,

district, or city health department that has jurisdiction. Copies of the publication may be

obtained without charge at the time of adoption of these rules from the Michigan

Department of Environmental Quality, Drinking Water and Radiological Protection

Division, P.O. Box 30630, Lansing, Michigan 48909.

Page 10

(b) Controlled application of any of the following:

(i) An authorized substance to suppress dust. The following are authorized substances:

(A) Water.

(B) Calcium chloride.

(C) Lignosulfate products.

(D) Emulsified asphalt or resin stabilizers.

(E) Vegetable by-products.

(ii) A deicing substance.

(iii) A substance for a natural resource or right-of-way maintenance program.

(iv) A substance for a domestic activity.

(v) A commercially manufactured pesticide or fertilizer for its intended use.

(c) Stormwater, other than from a secondary containment facility, when discharged

through surface infiltration.

(d) Stormwater from a secondary containment facility that does not contain leaks or spills

if the stormwater is inspected to ensure it meets the standards established in R 323.2222.

(e) Water from a well used temporarily for dewatering at a construction

site if the water pumped does not create a site of environmental contamination under part

201.

(f) A discharge from an animal feeding operation that has less than 5,000 animal units if

the discharge is determined by the director of the department of agriculture or his or her

designated representative, to be in accordance with generally accepted agricultural and

management practices, as defined in Act No.93 of the Public Acts of 1981, as amended,

being §§286.471 to 286.474 of the Michigan Compiled Laws, and known as the Michigan

right to farm act. For purposes of this rule, 5,000 animal units is equal to 5,000 head of

slaughter or feeder cattle, 3,500 mature dairy cattle, 12,500 swine weighing more than 25

kilograms or approximately 55 pounds, 50,000 sheep or lambs, 2,500 horses, 275,000

turkeys, 150,000 laying hens or broilers, or 25,000 ducks. An animal feeding operation is

a lot or facility, or series of lots or facilities under 1 ownership which are adjacent to one

another or which use a common area or system for the disposal of wastes, that meets both

of the following conditions:

(i) Animals, other than aquatic animals, have been, are, or will be stabled or confined and

fed or maintained for a total of 45 calendar days or more in any 12-month period.

(ii) Crops, vegetation, forage growth, or postharvest residues are not sustained in the

normal growing season over the portion of the lot or facility where animals are confined.

(g) Less than 50 gallons of wastewater per day from a commercial animal care facility.

(h) Observation or monitoring well development or evacuation water.

(i) Potable water used for a domestic or domestic equivalent activities other than sanitary

sewage disposal.

(j) Step test or pump test water from any of the following:

(i) A potable well or well used to develop a potable water supply.

(ii) A well producing water that meets state or federal criteria for use as potable water.

(iii) A test well where the quality of the test well discharge water is equal to or better than

the background groundwater quality of the aquifer receiving the discharge.

(k) Exfiltration from sanitary sewer collection systems.

(l) Wastewater from a heat pump that has a heat exchange capacity of 300,000 Btu per

hour or less if there is no chemical additive to the system.

Page 11

(m) Wastewater from a portable power washer when used in either of the following

circumstances:

(i) By the occupant of a household for washing buildings, vehicles, or other surfaces

associated with the domestic occupation of the household.

(ii) By a commercial operator or in a commercial or industrial setting to remove

nonpolluting substances from vehicles or surfaces when no additives are used and the

washing process does not add significant pollutants to the water.

(n) Swimming pool drainage and backwash water discharged in accordance with sections

12521 to 12534 of Act No. 368 of the Public Acts of 1978, as amended, being §§333.12521

to 333.12534 of the Michigan Compiled Laws.

(o) Water treatment filter backwash water if disposal is in accordance with plans and

specifications approved by the department under Act No. 399 of the Public Acts of 1976,

as amended, being §325.1001 et seq. of the Michigan Compiled Laws, and known as the

safe drinking water act.

(p) Carpet cleaning wastewater discharged by a noncommercial operator or by a

commercial operator at a site receiving wastewater from not more than 1 location where

carpet cleaning has occurred.

(q) Less than 10,000 gallons per day of noncontact cooling water that does not contain

additives if the source of the cooling water is any of the following:

(i) A municipal water supply.

(ii) A water supply meeting state or federal criteria for use as potable water.

(iii) Another source of water meeting the standards of R 323.2222.

(iv) Another source approved by the department.

(r) Land application of process sludge from a wastewater treatment facility treating

sanitary sewage when applied in accordance with applicable state and federal law.

(s) Land application of process sludge from an industrial or commercial wastewater

treatment facility when authorized under R 299.4101 to R 299.4922, the administrative

rules implementing part 115.

(t) Placement of other solid waste on the ground when authorized under part 115. This

provision does not apply to the disposal of wastewater generated through the operation of

a facility licensed under part 115.

(u) Wastewater associated with an environmental response activity described in any of

the following paragraphs if the discharge is to the plume of groundwater contamination,

including an area 100 feet hydraulically upgradient of the edge of the plume, and any

additive used in the treatment process that is not part of the contamination plume meets the

standards of R 323.2222:

(i) A pump test discharge that does not change the physical dimensions of the plume in

groundwater or, if the dimensions are changed, the changes are accounted for in the design

of the final groundwater remediation plan.

(ii) A remedial investigation, feasibility study, or remedial action discharge that is at or

below the residential criteria authorized by section 20101a(1)(a) of the act, if applicable,

or section 21304(a) of the act, if applicable.

(iii) A discharge for a remedial investigation, feasibility study, or remedial action above

the residential criteria authorized by section 20101a(1)(a) of the act, if applicable, or

section 21304(a) of the act, if applicable, if a remediation investigation, feasibility study,

or remediation plan has been approved by the department division that has compliance

Page 12

oversight. The remediation plan shall indicate that the treatment system is designed and

will be operated so that contaminated groundwater will eventually meet the appropriate

land use-based cleanup criteria authorized by section 20120a(1)(a) to (d) of the act, if

applicable, or section 21304(a) of the act, if applicable.

(v) Precipitation and snow melt drainage off vehicles discharged through a general

purpose floor drain in a parking structure in which maintenance activities do not occur.

(w) A discharge that has been specifically authorized by the department under a permit if

the permit was not issued under this part.

(x) A discharge that occurs as the result of placing waste materials on the ground in

compliance with a designation of inertness issued under part 115 or leaving contaminated

materials in place in compliance with part 201 or 213.

(y) A discharge that has been determined by the department to have an insignificant

potential to be injurious based on volume and constituents. In making the determination,

the department shall follow the public notice and comment procedures of R 323.2117 and

R 323.2119. The department may establish criteria, limitations, or conditions applicable to

the discharge to ensure that it meets the terms of this subdivision.

History: 1980 AACS; 1998-2000 AACS

R 323.2211 Permit by rule; notification.

Rule 2211. A person may discharge any of the following if the requirements of R

323.2204 and R 323.2212 are met:

(a) Sanitary sewage if the volume of the septic tank or tanks is 6,000 gallons or more or

if the flow is more than 6,000 gallons per day, but less than 10,000 gallons per day if the

following provisions are complied with, if applicable:

(i) The sanitary sewage is not mixed with other wastes.

(ii) The disposal system is designed and constructed in accordance with the provisions of

the publication entitled "Michigan Criteria for Subsurface Sewage Disposal," April 1994,

and the system is approved by the county, district, or city health department that has

jurisdiction. Copies of the publication may be obtained without charge at the time of

adoption of these rules from the Michigan Department of Environmental Quality, Drinking

Water and Radiological Protection Division, P.O Box 30630, Lansing, Michigan 48909.

(iii) For a disposal system constructed, reconstructed, or expanded after adoption of these

rules, the discharge is monitored by a flow measurement device. The discharger shall

record the average daily flow on a weekly basis and the total flow annually in a log that

shall be available for review upon request by the department or the county, district, or city

health department that has jurisdiction. A report of the average daily flows and annual total

flow shall be submitted to the department by January 31 of each year for the preceding

calendar year.

(b) Less than 500 gallons per day of wastewater from a laundromat which is open to the

general public and which does not contain a dry cleaning operation if all of the following

requirements are met:

(i) The wastewater is discharged from a system that has a minimum of 2 1, 000-gallon

septic tanks in series followed by disposal to a tile field.

(ii) The tanks are pumped when the sludge level reaches 25% of the tank volume.

Page 13

(iii) An operational lint filter is maintained on the laundry wastewater discharge line to

the system.

(iv) The tile field has been designed and constructed in accordance with the provisions of

the publication entitled "Michigan Criteria for Subsurface Sewage Disposal," April 1994,

and is approved by the local county, district, or city health department that has jurisdiction

or the department. Copies of the publication may be obtained without charge at the time of

adoption of these rules from the Michigan Department of Environmental Quality, Drinking

Water and Radiological Protection Division, P.O. Box 30630, Lansing, Michigan 48909.

(v) The sanitary sewage generated at the facility is routed to the same septic tank as the

laundry waste.

(vi) The septic tank is equipped with an effluent filter.

(c) More than 10,000 gallons per day of noncontact cooling water if it does not contain

an additive and the source of the cooling water is any of the following:

(i) A municipal water supply.

(ii) A water supply meeting state or federal criteria for use as potable water.

(iii) Another source of water meeting the standards of R 323.2222.

(iv) Another source of water approved by the department as meeting the conditions of R

323.2204.

(d) Less than 50,000 gallons per day of fruit and vegetable washwater if the following

provisions are met, if applicable:

(i) The source of the water is any of the following:

(A) A municipal water supply.

(B) A water supply meeting state or federal criteria for use as potable water.

(C) Another source of water meeting the standards of R 323.2222.

(D) Another source of water approved by the department as meeting the conditions of R

323.2204.

(ii) If the wastewater contains an additive, the department is notified of the additive in the

notification required in R 323.2212 and the discharge does not cause the groundwater to

exceed the standard of R 323.2222 for the additive.

(e) Wastewater from a portable power washer used by a commercial operator or in a

commercial or industrial setting whether or not occurring within 100 feet of the property

boundary if the following requirements are met, as applicable:

(i) The source of the water is any of the following:

(A) A municipal water supply.

(B) A water supply meeting state or federal criteria for use as potable water.

(C) Another source of water meeting the standards of R 323.2222.

(D) Another source of water approved by the department as meeting the conditions of R

323.2204.

(ii) If other than a household soap or detergent readily available to the consumer is used

as an additive, the additive is used for its intended purpose and according to manufacturer’s

recommendations and label directions.

(iii) Washing is limited to the removal of dirt and grime from the exterior of a vehicle,

equipment, or stationary source. A vehicle’s exterior does not include its undercarriage.

Dirt and grime does not include a substance that was contained or transported in the vehicle

as product or waste material.

Page 14

(iv) The discharge does not cause runoff of wastewater or the deposition of waste

materials onto adjacent properties.

(v) The discharge does not cause the groundwater to exceed a standard specified in R

323.2222.

(vi) The discharge is limited to 1,000 gallons of wastewater per month per acre of area in

which the discharge occurs.

(vii) If the discharger is a commercial operator who discharges at various locations, a log

is kept of discharges for a period of 3 years from the date of the discharge. The log shall

include the date, location, and additive used for each discharge and the item washed. The

log shall be readily available for inspection and copying at any reasonable time by a peace

officer or, upon presentation of credentials, an authorized representative of the department

or city, county, or district health department that has jurisdiction.

(f) Pump test water associated with environmental remediation that is discharged outside

the plume of contamination if the discharge meets the standards of R 323.2222.

(g) Water that results from the hydrostatic testing or flushing of a new pipeline or pressure

testing of a new tank if both of the following provisions have been met:

(i) An additive has not been used.

(ii) The source of the washwater is any of the following:

(A) A municipal water supply.

(B) Another water supply that meets state or federal criteria for use as potable water.

(C) Another source of water meeting the standards of R 323.2222.

(D) Another source of water approved by the department as meeting the conditions of R

323.2204.

(h) More than 50, but less than 1,000, gallons per day of wastewater from a commercial

animal care facility if all of the following provisions have been met:

(i) The source of the water is any of the following:

(A) A municipal water supply.

(B) Another water supply that meets state or federal criteria for use as potable water.

(C) A source of water meeting the standards of R 323.2222.

(D) Another source of water approved by the department as meeting the conditions of R

323.2204.

(ii) The department is notified of any additive in the notification required by R 323.2212

and the discharge does not cause the groundwater to exceed the standard established by R

323.2222 for the additive.

(iii)The discharge does not occur within 200 feet of a surface water body.

History: 1980 AACS; 1998-2000 AACS

R 323.2212 Discharge notification.

Rule 2212. (1) A person is authorized to discharge under R 323.2211 if the department is

notified of the discharge under this rule.

(2) A person shall notify the department under this rule at the following times:

(a) Before the discharge.

(b) When there is a change in the information required in the notification form described

in subrule (3) of this rule.

(c) Five years from the date of the previous notification if the discharge is continuing.

Page 15

(3) A person shall provide notice on a form approved by the department. At a minimum,

the notice shall contain all of the following information:

(a) Date of the notification.

(b) Facility name and address.

(c) The discharge address, if different from the facility, and the location identified by

county, section, township, and range.

(d) Authorized contact person's name, address, and telephone number.

(e) The permit or exemption number and issuance date for any groundwater discharge

permit or exemption previously issued to the discharger.

(f) The type of wastewater discharged and a description of the discharge.

(g) For discharges authorized by R 323.2211(f) and R 323.2213(5), a description of the

treatment system designed to meet the standards of R 323.2222.

(h) Standard industrial classification (SIC) code.

(i) Method of wastewater disposal, such as irrigation or seepage lagoon.

(j) Any additive and the amount used.

(k) Discharge volume or application rate in appropriate units.

(l) Dates of discharge and schedule of discharge, as appropriate.

(m) Two legible site maps drawn to scale that have a north orientation arrow. Site map 1

shall indicate the discharge location in relation to property boundaries on a topographic

map. The township and county name in which the discharge area is located shall be

included on site map 1. Site map 2 shall indicate the discharge area and the distance from

property boundaries. Major roads and streets shall be included on all site maps.

(n) Name, address, and telephone number of the owner of the property where the

discharge is to occur if the owner is other than the discharger.

(o) If the discharge is to property owned by a person other than the discharger, a written

authorization to discharge signed by the property owner.

(p) A determination of whether the discharge will occur within 1/4 mile of a known site

of groundwater contamination, other than for a remedial action for which the notification

form is being submitted, and an evaluation of whether the discharge will impact the existing

plume of contamination at the site.

(q) Signature and certification by the discharger or a person authorized to act for the

discharger, as described in R 323.2114, that the discharger has identified and considered

steps to avoid or minimize the use and discharge of pollutants, that all information

submitted is true, accurate, and complete, and that the discharge meets the requirements of

this part.

History: 1980 AACS; 1998-2000 AACS

R 323.2213 Permit by rule authorizing discharge upon department certification.

Rule 2213. (1) Wastewater described in this rule may be discharged if the requirements

of R 323.2204 and R 323.2214 are met.

(2) A person may discharge less than 10,000 gallons per day of noncontact cooling water

that contains an additive if the department is notified of the additive in the notification

required by R 323.2212 and the discharge does not cause the groundwater to exceed the

standard of R 323.2222 for the additive.

Page 16

(3) A person may discharge less than 10,000 gallons per day of egg-washing facility

wastewater if all of the following provisions are satisfied:

(a) The source of the water is any of the following:

(i) A municipal water supply.

(ii) A water supply meeting state or federal criteria for use as potable water.

(iii) Another source of water meeting the standards of R 323.2222.

(iv) Another source of water approved by the department.

(b) If the wastewater contains an additive, the department is notified of the additive in the

notification required by R 323.2212 and the discharge does not cause the groundwater to

exceed the standard established by R 323.2222 for the additive.

(c) The discharger minimizes the discharge of proteinaceous matter, such as egg yolks,

and other wastes to the groundwater to control odors and prevent nuisance conditions.

(4) A person may discharge cooling water if all of the following provisions are satisfied:

(a) The discharge is less than 5,000 gallons per day.

(b) If the wastewater contains an additive, the department is notified of the additive in the

notification required by R 323.2212 and the discharge does not cause the groundwater to

exceed the standard established by R 323.2222 for the additive.

(c) The discharger submits, as part of the notification required by R 323.2212, wastewater

characterization which demonstrates that the discharge will not exceed standards of R

323.2222.

(d) The material cooled does not vary substantially from that used in providing the

wastewater characterization required by subdivision (c) of this subrule.

(e) The discharger characterizes the wastewater annually and submits records of that

annual characterization in the notification required by R 323.2212(2)(c).

(5) A person may discharge wastewater which is associated with a department- approved

groundwater remediation and which is discharged outside the plume of contamination if

all of the following provisions are satisfied:

(a) If the discharge is associated with the investigative phase of a remediation or active

groundwater remediation, the discharge is conducted in compliance with all applicable

parts of the act.

(b) The discharge is treated to meet the standards of R 323.2222. The discharger shall

submit to the department a description of how the proposed treatment system will achieve

the standards of R 323.2222.

(c) The remedial action shall include a groundwater extraction system designed and

operated to prevent any portion of the plume above approved cleanup criteria from

migrating beyond an approved zone of influence. The approval for the location of the zone

of influence is the responsibility of the department division that has compliance oversight.

(d) The discharger provides an accurate and complete verification at the time of

notification, as required in R 323.2214, that the discharge meets the requirements of part

31, this part, and part 111, 115, 201, 213, or 615, as applicable. Verification shall be

provided in the form of a memorandum from the chief, or his or her designated

representative, of the department division responsible for compliance oversight of the

remediation.

(e) A performance monitoring plan shall be included in the remediation plan submitted to

the department division responsible for compliance oversight at the facility. The plan shall

include the following:

Page 17

(i) Groundwater monitoring to verify that the standards of R 323.2222 are being met in

groundwater. The monitoring shall meet the requirement of R 323.2224(1)(c).

(ii) At least twice weekly remediation system effluent monitoring capable of verifying

that the treatment system can comply with the standards of R 323.2222. After

demonstrating for not less than 90 days that the treatment system is capable of meeting the

standards of R 323.2222, the discharger may apply to the department division responsible

for compliance oversight for a reduced frequency of effluent monitoring until the

remediation is completed according to the act.

(f) Effluent and groundwater sampling required to verify compliance with this subrule

shall be collected and analyzed at a frequency indicated in the performance monitoring

plan. The frequency of monitoring and reporting must be approved by the department

division responsible for compliance oversight, but shall not be less than once per year.

(g) Performance monitoring data shall be submitted to the department division responsible

for compliance oversight.

(h) The discharger shall, at all times, maintain in good working order all treatment or

control facilities or systems installed or used by the discharger to achieve compliance with

the terms and conditions of this rule. If the discharger is unable to maintain compliance

with the terms and conditions of this rule, then the discharger shall provide the notification

and conduct the compliance activities described in R 323.2227.

History: 1980 AACS; 1998-2000 AACS

R 323.2214 Conditions for department certification.

Rule 2214. (1) A discharge is authorized under R 323.2213 if the department is notified

of the discharge under R 323.2212.

(2) For a discharge authorized by R 323.2213(5), the following information, in addition

to the information required by subrule (1) of this rule, shall be provided:

(a) Site map 1, required in R 323.2212(3)(m), shall include a description of the location

of drinking water wells that is adequate to identify each water supply formation within 1/2

mile of the discharge. A copy of the well logs for each drinking water well included on the

map shall also be provided with the notification.

(b) Site map 2 required in R 323.2212(3)(m) shall include all of the following information:

(i) Groundwater flow direction.

(ii) Extent of contamination plume.

(iii) Calculated capture zone.

(iv) Location of the groundwater extraction and interception system.

(v) Location of all observation and monitoring wells.

(vi) A description of the treatment system indicating how it will produce an effluent that

will meet the standards of R 323.2222.

(3) In order to discharge, a person must receive a certification from the department which

verifies that the discharge is authorized under this part. Within 60 calendar days of

receiving a complete notification form required by this rule, the department shall issue a

certification or indicate why the discharger is not authorized to discharge under this rule.

History: 1980 AACS; 1998-2000 AACS

Page 18

R 323.2215 General permit.

Rule 2215. (1) Upon a determination by the department that a certain category of

discharges is appropriately and adequately controlled by a general permit, the department

may issue a general permit under this rule.

(2) A discharge covered by a general permit issued under this rule shall meet all of the

following conditions:

(a) Meet the conditions in R 323.2204(2).

(b) Involve the same or substantially similar types of operations.

(c) Be of the same type of wastes.

(d) Require the same effluent limitations or operating conditions.

(e) Require the same or similar monitoring and reporting.

(3) To qualify for a certificate of coverage for a general permit issued pursuant to this

rule, an applicant shall certify that the applicant has identified and considered steps to

minimize the use and discharge of pollutants authorized to be discharged by the general

permit.

(4) The department shall periodically publish the names of persons who have received a

certificate of coverage for a general permit issued under this rule.

History: 1980 AACS; 1998-2000 AACS

R 323.2216 Permits for specific discharges.

Rule 2216. (1) A wastewater described in this rule may be discharged under a permit

issued by the department in compliance with R 323.2217 if the conditions of R 323.2204

are met.

(2) A person may discharge less than 20,000 gallons per day of sanitary sewage that has

been treated by a system described in subdivision (a) or (b) of this subrule if the treatment

system is operated to achieve optimum treat- ment efficiencies for the specified design as

follows:

(a) The discharge receives treatment by a constructed wetland and associated treatment

system that meets all of the following requirements:

(i) A minimum of 2 septic tanks installed in series precedes the constructed wetland. The

septic tanks shall have a minimum combined volume of 2 times the daily design flow. The

outfall to the constructed wetland shall be equipped with a septic tank effluent filter.

(ii) The system shall have a treatment process to enhance nitrification prior to discharge

to the constructed wetland.

(iii) If the discharge is expected to have high concentrations of oil and grease, such as

sanitary sewage from a food service establishment, then the discharge shall be treated to

remove oil and grease.

(iv) The system shall have a minimum of 2 wetland cells to allow for isolation or

maintenance of individual cells.

(v) Each wetland cell shall have an aspect ratio, which is length to width ratio, of between

2:1 and 4:1.

(vi) The constructed wetland shall have a composite bottom liner in compliance with R

323.2237. The bottom of the wetland cell shall be constructed to be level.

Page 19

(vii) The wetland cell filter media shall consist of ½-inch to 1-inch washed gravel with

100% passing the 1.0-inch sieve and a maximum of 3% passing the 1/2- inch sieve.

(viii) The filter media shall not be less than 18 inches or more than 30 inches in depth.

(ix) The effective water depth in the wetland cell shall be maintained between a range of

2 to 6 inches below the filter media surface.

(x) The constructed wetland shall be insulated with at least 6 inches of mulch or other

comparable substitute and designed to protect against freezing.

(xi) The filter surface area hydraulic loading rate is not more than 1.2 gallons per square

foot per day.

(xii) The design retention time shall not be less than 7 calendar days.

(xiii) Indigenous or sterile wetland vegetation, such as bulrushes, common reeds, and

cattails, shall be planted on a 1-foot grid across each wetland cell.

(xiv) Wetland vegetation shall be cultivated to maximize the rooted depth throughout the

gravel filter media.

(xv) The system shall have the capability to recirculate effluent back into the influent end

of the system when additional flow is needed into the system.

(xvi) The wetland cell shall discharge to a tile field designed and constructed in

accordance with the provisions of the publication entitled “Michigan Criteria for

Subsurface Sewage Disposal,” April 1994, and approved by the county, district, or city

health department that has jurisdiction. Copies of the criteria may be obtained without

charge at the time of adoption of these rules from the Michigan Department of

Environmental Quality, Drinking Water and Radiological Protection Division, P.O. Box

30630, Lansing, Michigan 48909. If the county, district, or city health department that has

jurisdiction chooses not to review the tile field design, then the department shall review

and approve the system under this subrule.

(b) The discharge is treated by an alternative treatment system or combination of systems

that is determined by the department to provide a similar quality effluent to the treatment

system specified in subdivision (a) of this subrule.

(c) For a treatment system described in subdivision (a) or (b) of this subrule, if flow is

more than 10,000 gallons per day, then the effluent shall be monitored in accordance with

R 323.2232(a),(b),(e), and (f).

(3) A person may discharge less than 50,000 gallons per day of sanitary sewage if all of

the following provisions are satisfied:

(a) The sanitary sewage is not mixed with other waste.

(b) The discharge meets the isolation distance requirements specified in R

323.2204(2)(d)(ii).

(c) The sanitary sewage is treated by a treatment system in accordance with R 323.2230

and R 323.2231.

(d) The discharge is limited and monitored in accordance with the requirements of R

323.2232.

(4) A person may discharge less than 20,000 gallons per day of laundromat wastewater if

the laundromat is open to the general public, does not contain a dry cleaning operation, and

all of the following requirements are met:

(a) The discharge is treated by a lagoon treatment system that meets the requirements of

R 323.2231(1)(a) to (e).

Page 20

(b) The wastewater treatment system is operated in accordance with R 323.2231(1)(g) to

(j) and maintained in accordance with R 323.2231(k).

(c) Disposal is by means of low-rate application in accordance with R 323.2233 and

utilizing spray irrigation under pressure to enhance volatilization of organic constituents in

the discharge.

(d) The discharge limitations and monitoring requirements are as follows:

(i) Flow shall be measured on a daily basis.

(ii) The discharge will be monitored on a annual basis for all of the following:

(A) The pH.

(B) Chemical oxygen demand (COD).

(C) Conductivity.

(D) Volatile organics using environmental protection agency (EPA) test method 8260 or

other method approved by the department for this purpose.

(E) Aluminum.

(F) Arsenic.

(G) Cadmium.

(H) Total chromium.

(I) Hexavalent chromium.

(J) Copper.

(K) Lead.

(L) Nickel.

(M) Zinc.

(N) Total phosphorus.

(O) Ammonia nitrogen.

(P) Nitrate nitrogen.

(Q) Nitrite nitrogen.

(R) Sodium.

(S) Chloride.

(T) Potassium.

EPA test method 8260 is adopted by reference in these rules and is contained in the EPA

document entitled “Test Methods for the Evaluation of Solid Waste, Physical-Chemical

Methods,” SW-846, 3rd Edition, September 1986, as updated through the effective date of

these rules. SW-846 is available for inspection at the Lansing office of the department of

environmental quality, waste management division. The document and updates may be

purchased from the United States Government Printing Office, Superintendent of

Documents, P.O. Box 371954, Pittsburgh, Pennsylvania 15250-7954, or the Michigan

Department of Environmental Quality, Waste Management Division, P.O. Box 30241,

Lansing, Michigan 48909, at a cost at the time of adoption of these rules of $319.00, plus

shipping and handling.

(iii) The application rate shall be measured in inches per day and in inches per week and

recorded twice per month. The application rate shall not be more than 1 inch per day or 3

inches per week.

(e) The discharger shall report monitoring results in compliance with R 323.2225.

History: 1980 AACS; 1998-2000 AACS

Page 21

R 323.2217 Procedures applicable to permit issued under R 323.2216.

Rule 2217. (1) The department shall issue a permit for a discharge described in R

323.2216 under the terms of R 323.2208 and this rule.

(2) An application for a discharge permit to be issued under this rule shall be made on a

form determined by the department. An application under this rule shall be administratively

complete before it is considered by the department for decision. An administratively

complete application shall consist of all of the following:

(a) Sufficient information for the department to determine whether the requirements of R

323.2216 are met.

(b) A demonstration that the applicant has provided notice of the proposed discharge

consisting of a copy of the notice which contains, at a minimum, all of the following

information:

(i) The name and address of the applicant.

(ii) A concise description of the applicant’s activities and operations that result in the

discharge identified in the application.

(iii) The location of the proposed or existing discharge identified in the application.

(iv) The date upon which the applicant will apply to the department for a permit under

this part. The date shall not be later than 30 calendar days after the date of the notice.

(v) A statement that interested parties can provide comments on the application to the

department by sending material to the address, and in the manner, indicated in the form

described in this subrule. The statement will further provide that information received by

the department within 20 calendar days of the indicated application date will be considered

by the department in deciding upon the application.

(c) A certification that the applicant has identified and considered steps to avoid or

minimize the use and discharge of pollutants authorized to be discharged by the permit

issued under R 323.2216.

(3) The department shall make a decision on the application within 60 calendar days of

the date on which the administratively complete application is received by the department

or the date which is indicated in the public notice as the submission date, whichever is later.

History: 1980 AACS 1998-2000 AACS

R 323.2218 Discharge permits.

Rule 2218. (1) The department shall issue a permit for a discharge other than a discharge

meeting the requirements of R 323.2210 to R 323.2217, but meeting the requirements of R

323.2204, under the terms of R 323.2208 and this rule.

(2) To be permitted under this rule, a discharge shall meet the requirements of R 323.2204,

R 323.2220 to R 323.2222, and, if applicable, R 323.2233 and R 323.2237. In addition, the

proposed system for treating the wastewater to be discharged shall have sufficient

hydraulic capacity and detention time to adequately treat the anticipated organic and

inorganic pollutant loading. To demonstrate that these requirements are met, at the time of

application a permit applicant shall submit a basis of design for the treatment system. The

basis of design shall include all of the following information:

(a) The volume of wastewater to be treated per unit of time.

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(b) An analysis of the influent, or a description of the anticipated influent, including the

substances to be treated to meet the requirements of R 323.2222 and the concentrations of

the substances.

(c) A description of the existing or proposed treatment, or both, including, where

applicable, the following:

(i) The treatment methods before discharge, based on treatment classifications for

certified operators developed under R 323.1251 to R 323.1258 and implementing part 31

for an industrial or commercial entity or developed under R 299.2911 to R 299.2927 and

implementing part 41 of the act

for a sewage treatment works operated by a municipality.

(ii) To the extent applicable, engineering plans depicting all of the following:

(A) A schematic flow diagram.

(B) Information on unit processes.

(C) Flow rates.

(D) Design hydraulic capacity.

(E) Pollutant loading.

(F) Detention times.

(G) Sizing of treatment units.

(H) Design calculations for major treatment units.

(I) A description of sludge management.

(iii) A discharge management plan that includes, where applicable, all of the following

information:

(A) Maximum daily and annual discharge volumes.

(B) The total discharge area.

(C) Scheduled maintenance.

(D) Vegetative cover control and removal.

(E) Load and rest cycles.

(F) Application rates.

(G) Means for even distribution of waste or wastewater.

(H) Strategies for periods of adverse weather.

(I) Monitoring procedures.

(J) Other pertinent information.

(d) For a discharge of sanitary sewage, unless these rules provide other- wise, the

treatment system shall be consistent with the standards in chapter 10 of the publication

entitled "Engineering Reports and Facility Plans of the Recommended Standards for

Wastewater Facilities," 1997 edition. The standards in chapter 10 are adopted by reference

in these rules. The standards may be purchased from Health Education Services, P.O. Box

7126, Albany, New York 12224, or from the Michigan Department of Environmental

Quality, Waste Management Division, P.O. Box 30241, Lansing, Michigan 48909, at a

cost at the time of adoption of these rules of $12.00, plus shipping and handling.

(3) An application for a discharge permit to be issued under this rule shall be made on a

form determined by the department. An application under this rule shall be administratively

complete before it is considered by the department for decision. Administrative

completeness is determined as follows:

(a) An application for a discharge that has not been previously permitted shall include all

of the following information:

Page 23

(i) The basis of design as required by subrule (2) of this rule.

(ii) An evaluation of the feasibility of alternatives to discharge to the groundwater in

accordance with R 323.2219.

(iii) The wastewater characterization as required by R 323.2220.

(iv) The hydrogeological report as required by R 323.2221.

(v) If a standard applicable to the discharge is to be determined under R 323.2222(5), the

information necessary to determine that standard, including whether a substance is a

hazardous substance under part 201.

(vi) If applicable, the monitoring plan as specified by R 323.2223.

(vii) If applicable, a description of the discharge methods and information that

demonstrate that the requirements of R 323.2233 will be met.

(viii) If applicable, information that demonstrates that the requirements of R 323.2237

will be met.

(b) An application for the renewal of a permit where the discharge is proposed to be

modified in quantity, effluent characterization, or treatment process from that previously

permitted shall include all of the following:

(i) The request for reissuance specified in R 323.2151.

(ii) An updated submission of the items listed in subdivision (a) of this subrule

corresponding to the differences between the proposed discharge and the discharge

previously permitted.

(iii) All of the following information:

(A) A narrative description of the facility's history of compliance with effluent and

groundwater permit limits and sampling frequency.

(B) If permit limits were exceeded, the steps taken to bring the facility into compliance.

(C) An evaluation of whether there are general trends in the effluent or groundwater

sampling data indicating that the discharge is approaching permit limits.

(D) An updated site map.

(E) A current groundwater contour map and a narrative evaluation of whether changes to

the existing groundwater monitoring system are warranted and the rationale for any

proposed change.

(F) The most recent groundwater quality results from all wells on site.

(G) The most recent effluent quality results.

(H) The most recent static water levels and groundwater elevations from all wells on site.

(c) An application for the renewal of a permit where the discharge will consist of the same

quantity, effluent characterization, and treatment process as previously permitted shall

include all of the following:

(i) The request for reissuance specified in R 323.2151.

(ii) A certification by the discharger that the discharge will consist of the same quantity,

effluent characterization, and treatment process as previously permitted.

(iii) The information required by subdivision (b)(iii) of this subrule.

(d) A discharger who proposes to modify the quantity or effluent characteristics of a

discharge shall notify the department of the proposed modification before it occurs. If the

department determines the proposed modification is minor based on the quantity or quality

of the discharge, then the department may modify the permit as requested and include new

terms or conditions that may be necessary to ensure that the terms of R 323.2204 are met.

If the department determines that the proposed modification is significant based on the

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quantity or quality of the discharge, then the discharger shall submit an application for

reissuance under the terms of subdivision (b) of this rule.

(e) A discharger who proposes to modify the treatment process of a discharge shall notify

the department of the proposed modification before it occurs. Unless the department

notifies the discharger within 30 calendar days that the proposed modification may affect

compliance with limitations on the

quality or quantity of the discharge, the discharger may make the modification. If the

department notifies the discharger and determines that the proposed modification is minor

based on the quantity or quality of the discharge, then the department may modify the

permit as requested and include new terms or conditions that may be necessary to ensure

that terms of R 323.2204 are met. If the department notifies the discharger and determines

that the proposed modification is significant based on the quantity or quality of the

discharge, then the discharger shall submit an application for reissuance under the terms of

subdivision (b) of this subrule.

(4) A discharge authorized under this rule shall meet the conditions of this subrule. The

department may waive the conditions of subdivision (a) or (b) of this subrule, individually

or collectively, if the department determines that the purpose of the subdivision to be

waived has been met.

(a) Within 30 calendar days of completion of construction of treatment facilities, a

discharger shall provide, to the department, certification by an engineer licensed under Act

No. 299 of the Public Acts of 1980, as amended, being §339.101 et seq. of the Michigan

Compiled Laws, and known as the occupation code, that a quality control and quality

assurance program was utilized and that the facilities constructed were built consistent with

standard construction practices to comply with the permit and this part.

(b) A discharger shall have an operation and maintenance manual for the wastewater

treatment facility. The manual shall be used by the certified operator of the facility as a

guide for facility operation and maintenance. The operation and maintenance manual shall

include all of the following information: (i) The function, start-up, shutdown, and periodic

maintenance procedures for each unit process and item of mechanical and electrical

equipment.

(ii) A description of the appropriate response or facility adjustment to minimize the impact

of emergency situations with the potential to affect the discharge or compliance with the

permit so as to facilitate rapid implementation of a correct response during an emergency.

(iii) A monitoring program to monitor process efficiency.

(iv) The details of how inspections will be conducted and a schedule for the inspection of

collection system and pump stations, where applicable.

(v) The periodic maintenance procedures for the collection system and pump stations,

where applicable.

(vi) Procedures for routine maintenance and inspection of lagoons and equipment used

for irrigation, where applicable, and the documentation of maintenance and inspection.

(vii) A listing of environmental regulations, other than this part, that apply to operation

of the wastewater treatment facility.

(c) A discharger shall monitor the discharge and its effect as specified in R 323.2223.

(d) A discharger shall report monitoring results as specified in R 323.2225.

(e) A discharger shall close the wastewater treatment and discharge area as specified in R

323.2226.

Page 25

History: 1980 AACS; 1998-2000 AACS

R 323.2219 Evaluation of feasibility of alternatives to discharge to groundwater.

Rule 2219. (1) An evaluation of the feasibility of alternatives to discharge to the

groundwater required by R 323.2218(3)(a)(ii) shall contain, at a minimum, an analysis of

the feasibility of items contained in this rule. Feasibility includes the practical ability to

implement the alternative and a comparison of the cost of the alternative to its benefits.

(2) At a minimum, alternatives to the discharge that shall be considered are minimizing

the volume and toxicity of the wastewater, recycling wastewater, connecting to a municipal

sanitary sewer system, and discharging to surface water. Alternatives for minimizing the

volume and toxicity of wastewater include pollution prevention opportunities, including

the following:

(a) Equipment or technology modifications.

(b) Process or procedure modifications.

(c) Reformulation or redesign of products.

(d) Substitution of raw materials.

(e) Improvements in housekeeping, maintenance, training, or inventory control.

(3) At a minimum, the following treatment systems shall be considered for substances

determined to be in the discharge by the characterization required by R 323.2220:

(a) For a metal, the following:

(i) Flocculation.

(ii) Settling.

(iii) Oxidation.

(iv) Filtration.

(v) Ion exchange

(vi) Reverse osmosis.

(vii) Electrolytic recovery.

(b) For a volatile substance, the following:

(i) Carbon adsorption.

(ii) Air stripping.

(iii) Aeration.

(c) For a nonvolatile substance, the following:

(i) Sorption.

(ii) Settling.

(iii) Filtration.

(d) For a substance that degrades biologically, biological treatment in a lagoon, tank, or

biological reactor or through controlled land treatment.

History: 1980 AACS; 1998-2000 AACS

R 323.2220 Characterization of waste or wastewater to be discharged.

Rule 2220. (1) Before a permit can be issued under R 323.2218, an applicant shall

properly characterize the waste or wastewater to be discharged. To properly characterize

the waste or wastewater, the applicant shall determine the pollutants that may be present in

Page 26

the waste or wastewater in light of the process by which it is generated. The applicant shall

use the methods described in this rule to make the determination.

(2) Samples of effluent collected to determine the presence of inorganic substances shall

be unfiltered.

(3) For a substance for which there is an analytical method approved by the department

for purposes of monitoring under this part, the waste or wastewater shall be

representatively sampled using sampling procedures specified in the EPA document

entitled "Test Methods for the Evaluation of

Solid Waste, Physical-Chemical Methods," SW-846, 3rd Edition, September 1986, as

updated through the effective date of these rules and analyzed using analytical procedures

specified in either SW-846 or the publication entitled "Guidelines Establishing Test

Procedures for the Analysis of Pollutants," 40 C.F.R. Part 136, or other methods approved

by the department for purposes of monitoring under this part. SW-846 and updates and the

guidelines are adopted by reference in these rules and are available for inspection at the

Lansing office of the department of environmental quality, waste management division.

The documents may be purchased from the United States Government Printing Office,

Superintendent of Documents, P.O. Box 371954, Pittsburgh, Pennsylvania 15250-7954, or

the Michigan Department of Environmental Quality, Waste Management Division, P.O.

Box 30241, Lansing, Michigan 48909, at a cost at the time of adoption of these rules of

$319.00 and $36.00, respectively, plus shipping and handling.

(4) Reporting levels shall be those approved by the department as the lowest level routinely

quantifiable with acceptable precision and accuracy by standard laboratory methods. Not

less than 4 discrete samples are necessary to be considered representative, unless a lesser

number is approved by the department.

(5) For any other substance that may be present, an estimate of the substance concentration

in the discharge shall be made with a mass balance calculation or other estimate approved

by the department. The estimate shall use the annual average use rate for the substance and

annual average discharge volume, except when an alternative is approved by the

department.

(6) For a facility not yet operating, the discharger shall characterize the anticipated

discharge using the best available information. The discharger shall identify the source of

the information in the application.

(7) The department may require the characterization of sludge generated by the

wastewater treatment process as it relates to the ability of the discharge to meet the

standards of R 323.2222 as a condition of authorizing a discharge under these rules. The

characterization shall be done according to the procedures described in subrule (3) of this

rule.

(8) The department may require the characterization of other environmental media

affected in the treatment of wastewater as a condition of authorizing a discharge under

these rules. The characterization shall be done according to the procedures described in

subrule (3) of this rule.

(9) The department may waive the requirements of this rule if the nature of the material

to be characterized is sufficiently well understood to ensure that the conditions of R

323.2204(2)(a) will be met.

History: 1980 AACS; 1998-2000 AACS

Page 27

R 323.2221 Hydrogeological report.

Rule 2221. (1) Before obtaining a permit authorized under R 323.2218, an applicant shall

provide a hydrogeologic report that meets the require- ments of this rule.

(2) Except as provided in subrule (6) of this rule, a hydrogeological report shall be in

compliance with all of the following provisions:

(a) Describe the regional hydrogeologic conditions, including regional and local geology

and surface and groundwater conditions, over an area sufficient to allow the department to

determine the acceptability of discharging at the site under part 31 and this part as described

in subrule (4) of this rule.

(b) Define the areal and vertical extent and physical properties of the site earth materials

that assimilate and transmit the discharge.

(c) Determine whether the discharge is to a usable aquifer, an unusable aquifer, or

groundwater not in an aquifer. For an aquifer, determine the groundwater flow direction,

groundwater velocity, 3-dimensional flow path of the discharge within the aquifer,

interconnection between aquifers, and background and existing groundwater quality. For

groundwater not in an aquifer, determine that the hydraulic or other physical properties, or

both, are such that the formation would not be considered an aquifer.

(d) Identify whether the discharge will occur within an established designated wellhead

protection area or may occur within a proposed wellhead protection area.

(e) If the discharge is to be monitored under R 323.2223(2), provide sufficient information

for the department to determine the acceptability of a proposed monitoring program.

(3) Before initiating a hydrogeologic report required by subrule (1) of this rule, the

applicant may submit to the department a work plan for the development of the

hydrogeologic report.

(a) The department shall approve, or recommend modifications to, the work plan within

45 calendar days of its receipt. If the applicant does not receive a written approval or

recommendation within 45 calendar days of receipt by the department, then the work plan

shall be considered approved.

(b) A work plan shall contain all of the following information:

(i) A map indicating the surface geology of the area with the discharge location identified.

(ii) A map indicating the topography of the area with the discharge location identified.

(iii) Logs of domestic wells adequate to characterize each water supply formation within

1/2 mile in all directions from the discharge. A map shall be provided that correlates each

well log to a specific map location.

(iv) A map delineating an established or proposed designated wellhead protection area

that may be affected by the discharge.

(v) For all proposed observation wells to be drilled on-site, all of the following

information:

(A) Number of wells.

(B) Location.

(C) Depth.

(D) Drilling method.

(E) Well construction materials.

(F) Well development method.

(vi) For all proposed soil borings on-site, all of the following information:

Page 28

(A) Number of soil borings.

(B) Location.

(C) Depth.

(D) Drilling and plugging method.

(vii) A description of all physical testing to be done to identify soil properties and aquifer

characteristics and locations where testing is to occur.

(viii) A groundwater sampling and analysis plan meeting the requirements of R

323.2223(2)(a). If a map is required, it shall be drawn to scale and have a north orientation

arrow.

(c) If conditions not anticipated in an approved work plan are encountered in the field

while collecting information for the hydrogeologic report, then the person collecting the

information may contact the department to obtain approval of the changes necessary to the

original work plan. Modifications may be approved verbally by the department. Written

confirmation of all changes shall be provided by the discharger within 10 working days of

verbal approval by the department.

(4) All of the following are specific elements of a hydrogeologic report necessary to allow

the determination required of the department by subrule (1) of this rule:

(a) Soil borings or other test methods to determine the composition of subsurface

materials, locate usable aquifers, and determine the thickness of the usable aquifer. Soil

boring logs shall contain all of the following information:

(i) Soil and rock descriptions.

(ii) Method of sampling.

(iii) Sample depth.

(iv) Date of boring.

(v) Water level measurements.

(vi) United States geological survey ground elevation.

(vii) Soil test data.

(viii) Standard penetration number calculated in accordance with the method specified in

the standard penetration test, ASTM D1586-84, which is adopted by reference in R

323.2238.

(b) Testing of the unsaturated zone sufficient to determine both of the following:

(i) The ability of site earth materials to percolate and transmit the volume of liquids

resulting from the discharge.

(ii) The vertical and horizontal extent of mounding resulting from the discharge.

(c) Well and field testing data sufficient to determine all of the following:

(i) Based on not less than 3 wells in the aquifer receiving the discharge, the groundwater

flow direction, depth to groundwater, and existing groundwater quality of the aquifer

receiving the discharge.

(ii) Interconnections between the aquifers receiving the discharge and other aquifers in

the vicinity of the discharge location.

(iii) Horizontal hydraulic conductivity of the aquifer receiving the discharge to allow

calculation of groundwater flow velocity.

(iv) The vertical gradients within the aquifer if the discharge is to be monitored under R

323.2223(2).

(d) Data indicating both of the following groundwater quality parameters at the site:

(i) Specific conductance as an indication of dissolved solids.

Page 29

(ii) Concentration of all of the following substances for inorganic groundwater chemistry

comparison of water quality:

(A) Cations of calcium, sodium, magnesium, potassium, and iron.

(B) Anions of chloride, sulfate, and bicarbonate.

(C) The pH.

(D) Any additional substances present or likely to be present in the proposed discharge.

(e) If groundwater on the site or adjacent to the site is contaminated so that either property

is a facility as defined by part 201, and if the extent or magnitude of the contamination

could be affected by the discharge, information as described in this subrule. If the

contamination is on the site, then the hydrogeologic report shall contain a delineation of

the portion of the aquifer contaminated and a description of each substance that exceeds

regulatory criteria. If contamination is on an adjacent property, then the hydrogeologic

report shall include notice that the contamination is known to exist. The department may

require further information on the nature of contamination on the adjacent property if, as a

result of other information in the hydrogeological report, the department determines there

is a significant likelihood that the extent or magnitude of that contamination could be

affected by the discharge.

(f) For dischargers proposing land treatment under R 323.2233 to meet the standards

contained in R 323.2222, an evaluation of site earth material and intended crop sufficient

to support the application under R 323.2233.

(g) Supporting information, including all of the following information:

(i) A general description of the geology of the surrounding area and how it relates to the

geology and hydrogeology of the discharge location, including formations used as water

supplies in the area.

(ii) A narrative description of the hydrogeologic data collected and interpretation of the

data as it relates to satisfying the requirements of this rule.

(iii) Cross sections showing a 2-dimensional representation of the geology of the site

sufficient to reflect the site geology and hydrogeology.

(iv) A map of the site, drawn to scale with a north arrow, which indicates the surveyed

locations of soil borings, observation and monitor wells, and test pits and other areas of

physical testing and which has a groundwater contour overlay that indicates groundwater

flow direction with a maximum contour interval of 1 foot. The top of well casings shall be

surveyed and referenced to United States geological survey data accurate to 0.01 foot by a

land surveyor licensed under Act No. 299 of the Public Acts of 1980, as amended, being

§339.101 et seq. of the Michigan Compiled Laws, and known as the occupational code.

(v) A map of the surrounding area that shows the direction of surface drainage and all of

the following within 1/2 mile of the discharge:

(A) Representative private water supply wells.

(B) All municipal water supply wells.

(C) Irrigation and disposal wells.

(D) Lakes.

(E) Ponds.

(F) Streams.

(G) Springs.

(H) Wetlands.

Page 30

(vi) Information describing all pertinent current and historical land use practices at the

site of discharge and at properties adjacent to the site of discharge. Land use is pertinent

for purposes of this subdivision if it could be impacted by the discharge or could impact

the discharge.

(vii) If groundwater monitoring is required under R 323.2223(2), a proposed groundwater

monitoring system which includes at least 1 cluster well located hydraulically

downgradient of the discharge and which meets the conditions of R 323.2223(2).

(viii) All data collected during the field investigation and calculations and test results used

to determine aquifer properties.

(5) All test wells that are not included as part of the permanent groundwater monitoring

program for the discharge, as required by R 323.2223, shall be removed and plugged

according to approved procedures provided in part 127 of Act No. 368 of the Public Acts

of 1978, as amended, being §§323.12701 to 323.12715 of the Michigan Compiled Laws,

or part 625 of the act, mineral wells, being §§324.62501 to 324.62518 of the Michigan

Compiled Laws.

(6) The department may waive all or portions of the requirements of this rule if the

applicant demonstrates, to the department's satisfaction, that the purposes of this part can

be met without submittal of all hydrogeologic information described in this rule.

History: 1980 AACS; 1998-2000 AACS

R 323.2222 Discharge standards.

Rule 2222. (1) Except as provided in R 323.2206(4), a discharge authorized by a permit

issued under R 323.2218 shall not exceed the standards contained in this rule when

measured as indicated. For purposes of this rule, compliance with the standards in this rule

when measured in the groundwater shall be determined as described in R 323.2224.

(2) A discharge that contains a substance that is capable of being treated by the actions of

soil, soil microorganisms, or plants shall be limited as follows:

(a) A discharge that contains ammonia, nitrate, or nitrite shall be at a concentration that

is less than either of the following standards:

(i) Five thousand micrograms per liter (ug/l) of total inorganic nitrogen, and not more than

500 ug/l nitrite, as measured in the effluent and groundwater.

(ii) Five thousand micrograms per liter (ug/l) of total inorganic nitrogen, and not more

than 500 ug/l nitrite, as measured in the groundwater and an effluent standard indicated in

the permit that can be reasonably shown by the applicant to result in meeting the

groundwater standard.

(b) A discharge that contains phosphorous shall be at a concentration that is less than

5,000 ug/l as measured in the effluent, unless the department determines that either of the

following alternative concentrations is appropriate:

(i) If a body of surface water is within 1,000 feet hydraulically downgradient of the

discharge, then the concentration shall be less than 1 of the following standards:

(A) One thousand ug/l as measured in the effluent.

(B) One thousand ug/l as measured in the groundwater and an effluent standard that can

be reasonably shown by the applicant to result in meeting the groundwater standard.

(C) A groundwater or effluent standard indicated in the permit that is determined by the

department as necessary to protect surface waters as required by R 323.1041 to R 323.1117.

Page 31

(ii) If a body of surface water is not less than 1,000 feet downgradient of the discharge, a

concentration measured in the effluent or groundwater, or both, that has been demonstrated

by the applicant to protect surface waters as required by R 323.1041 to R 323.1117.

(c) A substance other than ammonia, nitrate, nitrite and phosphorus that can be

demonstrated by the applicant to qualify under this subrule shall be at a concentration less

than either of the following standards:

(i) The standard established for the substance in subrules (3) to (7) of this rule as measured

in the effluent and groundwater.

(ii) The standard established for the substance in subrules (3) to (7) of this rule as

measured in the groundwater and an effluent standard indicated in the permit which can be

reasonably shown by the applicant to result in the groundwater standard being met.

(3) A discharge containing a substance indicated in the following subdivisions shall be at

a concentration that is less than the standard indicated:

(a) Aluminum, 150 ug/l.

(b) Chloride, 250,000 ug/l.

(c) Sodium, 150,000 ug/l.

(d) Sulfate, 250,000 ug/l.

(e) Iron, 300 ug/l.

(f) Manganese, 50 ug/l. Compliance with this standard shall be determined in the effluent

or groundwater, as selected by the applicant and specified in the permit.

(4) The allowable concentration for total trihalomethanes shall be 20% of the

concentration at which a facility as defined by part 201 would be created. The allowable

concentration shall be measured in the effluent and groundwater. To determine total

trihalomethanes, a discharge shall be assessed by summing the concentrations of the

following substances if found to be present:

(a) Chloroform.

(b) Bromodichloromethane.

(c) Dibromochloromethane.

(d) Bromoform.

(5) A discharge containing a substance not described in subrule (2)(a) or (b), (3), or (4) of

this rule shall be limited as follows:

(a) If the substance is an inorganic substance not described in subrule (2)(a) or (b) or (3)

of this rule, then the concentration of the substance in the groundwater shall not exceed a

concentration 1/2 way between the back- ground groundwater quality and the concentration

at which the site would be a facility as defined by part 201. Background groundwater

quality for this purpose shall be determined by upgradient wells located pursuant to the

hydrogeological report described in R 323.2221. The discharger shall notify the department

if the concentration of the inorganic substance in groundwater exceeds the background

groundwater quality determined under R 323.2221. An initial notification at the time when

the condition first exists fulfills the discharger’s obligation of notifying the department.

The department will notify the discharger of the excessive concentration of the inorganic

substance if the department becomes aware of it before notice from the discharger.

(b) If the substance is an organic parameter for which a treatment technology standard is

established for the substance under R 323.2229, then the following provisions apply, as

applicable:

Page 32

(i) If the concentration of the substance in the effluent exceeds the treatment technology

standard, then the discharger shall take initial response as required by R 323.2228. The

initial response concentration established in this paragraph may be modified under R

323.2222(2)(c)(ii) based on the concentration in the groundwater established in paragraph

(ii) of this subdivision.

(ii) The concentration of the substance in groundwater shall not exceed the treatment

technology standard. Measurement for this purpose shall be according to R 323.2224,

except that R 323.2224(2) shall not apply.

(c) If the substance is an organic parameter for which there is a standardized or EPA-

approved analytical method and if a treatment technology based standard has not been

determined under R 323.2229, then the following provisions apply, as applicable:

(i) The concentration of the substance in the effluent shall not exceed that concentration,

if it occurred in the groundwater, a facility as defined by part 201 would exist.

(ii) If the substance is detected in groundwater, then the discharger shall take initial

response as required by R 323.2228. Measurement for this purpose shall be according to R

323.2224, except that R 323.2224(2) shall not apply.

(d) If the substance is an organic parameter for which there is no standardized or EPA-

approved analytical method, then the discharge shall be controlled by limiting the volume

of the substance used by the discharger. The volume shall result in a discharge that has a

concentration of the substance, as determined by use of a mass balance equation, which

does not exceed the concentration at which a facility as defined by part 201 would be

created.

(e) If there is insufficient information concerning the substance to determine the criteria

described in subdivision (a), (c), or (d) of this subrule, then the substance shall not be

discharged, except pursuant to subrule (7) of this rule.

(6) If the standard determined under subrule (5) of this rule is below the detection limit

as determined by the department for this part, then the department may take 1 of the

following actions:

(a) Deny the application if the risks associated with the inability to detect the substance

at concentrations below the detection limit are determined by the department to be

unacceptable.

(b) Require the discharger to demonstrate that the concentration in the discharge is not

above, and cannot be above, the standard by estimating the concentration of the substance

in the discharge as described in R 323.2220(5) or by monitoring the internal processes for

the substance.

(c) Establish a standard in the permit at the detection limit as determined by the

department for the purposes of compliance with this subrule.

(7) The department may approve a standard different from the standards established in

subrules (2) to (6) of this rule under any of the following circumstances:

(a) The discharge is to groundwater in an unusable aquifer or not in an aquifer.

(b) The groundwater affected by the discharge vents to surface water and all of the

following conditions are met:

(i) Venting of groundwater affected by the discharge to surface water is demonstrated by

a hydrogeologic report meeting the requirements of R 323.2221.

(ii) Uses of the surface water are protected in accordance with R 323.1041 to R 323.1117.

Page 33

(iii) Except as provided in paragraph (v) of this subdivision, the distance between the

point of discharge and the point of venting to surface water is less than 1,000 feet.

(iv) Deed restrictions, on a form approved by the department, preventing the withdrawal

and use of the groundwater for all protected uses that would be impacted by the discharge

have been recorded with the register of deeds for all property, including the property of the

discharger, downgradient from the discharge to the point of venting.

(v) A discharge otherwise meeting the conditions in this subrule that occurs at more than

1,000 feet from the point of venting to surface water may be authorized if the discharger

owns all property between the point of discharge and the point of venting and if the

department determines that alternative methods of wastewater disposal are not

economically or technically feasible, that a prudent alternative does not exist, and that the

discharge promotes the public health, safety, and welfare in light of the state's paramount

concern for the protection of its natural resources.

(c) The department may issue a permit that has a limit that is higher than the standard

established by subrules (2) to (6) of this rule, if all other conditions of this part are met and

if the applicant demonstrates either of the following:

(i) Background groundwater quality exceeds the standard established in this rule for any

substance and the discharge does not increase the concentration of the substance in the

groundwater. A permit issued under this subdivision may limit a substance in the discharge

in order to reflect changes in background groundwater quality or municipal water supply

quality.

(ii) The source of the water is a municipal water supply delivered in compliance with Act

No. 399 of the Public Acts of 1976, as amended, being R 325.1001 et seq. of the Michigan

Compiled Laws, and known as the safe drinking water act, the water exceeds the standard

established in this rule for the substance, and the discharge does not increase the

concentration of the substance in the groundwater above the concentration of the municipal

water supply. A permit issued under this subdivision may limit a substance in the discharge

in order to reflect changes in background groundwater quality or municipal water supply

quality.

(d) If an applicant demonstrates that existing groundwater quality exceeds the standard

established in this rule for total inorganic nitrogen, then a permit may be issued by the

department that has a higher limit than the standard established in this rule if the limit is

not more than the state drinking water standard established under Act No. 399 of the Public

Acts of 1976, as amended, being R 325.1001 et seq. of the Michigan Compiled Laws, and

known as the safe drinking water act, the concentration of total inorganic nitrogen in the

discharge does not increase the concentration of total inorganic nitrogen in the

groundwater, and all other pertinent conditions of this part are met. A permit issued under

this rule may include a limit on total inorganic nitrogen in order to reflect improvement in

existing groundwater quality.

(e) A standard that has a limit that is higher than the limit set in subrules (2) and (4) to (7)

of this rule may be established by the department in an individual case if the department

determines that the standard set in subrules (2) and (4) to (7) of this rule is not economically

or technically feasible, that a prudent alternative does not exist, and that establishing a

higher limit is consistent with the promotion of the public health, safety, and welfare in

light of the state's paramount concern for the protection of its natural resources. In

approving a permit with a limit established under this subdivision, the department may

Page 34

prescribe criteria, limitations, or conditions as the department deems necessary to ensure

that the conditions of R 323.2204 are met.

(f) A standard that is more stringent than the standards described in this rule may be

established in an individual case if the department determines that readily available and

cost-effective treatment technology allows a more stringent standard to be met.

(g) A standard that is more stringent than the standards described in this rule may be

established for the protection of other environmental media, where applicable, if consistent

with the requirements of all of the following:

(i) R 323.1041 to R 323.1117.

(ii) Protection of soil by preventing the creation of a facility as defined by part 201 or the

violation of cleanup criteria established in section 21304 (a) of the act, being §324.21304(a)

of the Michigan Compiled Laws, if applicable.

(iii) R 336.1901, air contaminant and water vapor prohibitions.

(h) If 2 or more substances are present and known to result in toxicological interaction,

the interactive effects shall be considered in establishing standards for those substances.

History: 1980 AACS; 1998-2000 AACS

R 323.2223 Discharge monitoring.

Rule 2223. (1) Monitoring required by an authorization under this part shall be conducted

in a manner, at a frequency, and for a substance the department specifies, under rule or

permit, is necessary to assess compliance with these rules. Analytical methods used in the

monitoring shall be in compliance with R 323.2220(3). Monitoring of an indicator

parameter may be used in monitoring if the technique accurately reflects the effect of the

discharge. An indicator parameter shall be representative of the environmental fate of a

substance or substances in the discharge and shall be 1 of the following:

(a) A substance in the discharge.

(b) A decomposition material of a substance.

(c) A sampling parameter that can be directly correlated to the concen- tration of another

substance in the discharge.

(2) Groundwater monitoring shall include the collection of water quality and water level

data from a well or group of wells that are specifically designed to adequately assess the

impact of the discharge on groundwater as described in R 323.2224. The design of the

groundwater monitoring system shall be based on all of the following:

(a) The hydrogeologic report.

(b) Considerations of the local geology.

(c) Groundwater conditions specific to each site.

(d) The type of discharge.

(3) At the time of application for a permit under R 323.2218, an applicant shall propose,

for department approval, a groundwater sampling and analysis plan that establishes criteria

for collecting representative samples of groundwater. The plan shall contain all of the

following information:

(a) The number and location of wells to be included in the groundwater monitoring

system.

(b) For each well, the depth and screened interval for each monitor well. The screened

interval shall be referenced to United States geological survey data.

Page 35

(c) Well construction materials and installation techniques.

(d) Sampling frequency.

(e) A list of substances to be sampled.

(f) Sampling procedure, including all of the following:

(i) The method and volume of water removed from each well during sampling.

(ii) Steps taken to prevent cross contamination between wells.

(iii) Sample handling and preservation methods.

(iv) Laboratory analysis method.

(v) Laboratory method detection level.

(vi) Quality assurance and quality control program.

(g) A description of the techniques used to present and evaluate groundwater quality

monitoring data.

(h) A description of the method used to collect static water levels and present groundwater

flow data. Static water level precision shall be to 0.01 foot.

(4) A discharger shall design, construct, and abandon a monitoring well as follows:

(a) A monitoring well shall be located at a depth where the screened interval will intercept

the path of any discharge from the site in the groundwater as required by the department as

specified by these rules.

(b) If the thickness of the aquifer receiving the discharge is more than 20 feet, then at least

1 hydraulically downgradient monitor well location shall contain a cluster well. The

separation and length of the screens shall be such that discrete groundwater potentiometric

surface data can be collected to determine vertical gradients within the aquifer.

(c) Monitor well construction and sampling equipment materials shall not influence the

sampling results for the substances sampled.

(d) A monitor well shall be designed to collect an adequate volume of water to allow

analysis for the complete set of substances determined by the department as indicative of

the discharge.

(e) Annular space between the bore hole and the well shall be grouted from the ground

surface to 2 feet above the well screen so as to prevent vertical leakage of the fluids between

the casing and the drill hole. When drilling through confining layers, a discharger shall

install double-cased wells to prevent the hydraulic connection of fluids between formations

above and below the confining layer.

(f) A well shall be protected against the introduction of contaminants by means of a

locking device or by another method approved by the department.

(g) Either a well shall be vented so that accurate static water levels may be collected or

else well caps shall be removed a sufficient amount of time before measurement so that

representative static water levels can be measured. Care shall be taken to prevent the

introduction of contaminants through vents.

(h) The well casing shall be protected against accidental damage and shall be adequately

marked to prevent accidental damage.

(i) A well shall be labeled so that the discharger's name, and address and the well number

can be determined through the life of the permit.

(j) If a monitoring well is to be permanently abandoned, a discharger shall follow the

plugging procedures in part 127 of Act No. 368 of the Public Acts of 1978, as amended,

being §§323.12701 to 323.12715 of the Michigan Compiled Laws.

Page 36

(k) A discharger shall receive department approval before installing, replacing,

redeveloping, or abandoning a monitoring well that is part of the discharge monitoring

program.

(5) If necessary to measure compliance with a standard established under R

323.2222(7)(g), the department may specify, by rule or permit, the monitoring of media in

addition to groundwater.

(6) A monitoring program under this rule shall be evaluated by the department on the

basis of the threat the discharge poses to protected uses given all of the following factors:

(a) The substances in the discharge.

(b) The volume of the discharge.

(c) The amount of information related to predicting the impacts of a discharge developed

through the hydrogeological report prepared under R 323.2221.

History: 1980 AACS; 1998-2000 AACS

R 323.2224 Groundwater monitoring location; approval by department.

Rule 2224. (1) Except as provided in subrule (2) of this rule, the department shall approve,

under R 323.2223(2), a groundwater monitoring location for determining compliance with

the standards of R 323.2222 if the location meets all of the following criteria:

(a) It provides a practicable and effective point of measurement.

(b) It is located on property owned or leased by the discharger and under the discharger's

control.

(c) It is not more than 150 feet from the point of discharge.

(2) The department may approve, under R 323.2223(2), an alternative groundwater

monitoring location to determine compliance with R 323.2222 if all of the following

requirements are met:

(a) The location is less than 1,000 feet from the point of discharge.

(b) The alternative location provides a practicable and effective point of measuring

compliance with R 323.2222.

(c) The substance to be measured in the groundwater is either of the following:

(i) A metal or other inorganic substance.

(ii) A substance that the applicant demonstrates can be treated by the actions of soil, soil

microorganisms, or plants.

(d) The discharger has not previously met the standard for the same discharge at a closer

point of compliance.

(e) The discharger demonstrates all of the following:

(i) Meeting the standard at a closer point of compliance is economically burdensome or

technically impractical.

(ii) The concentration of the substance in the groundwater between the point of

compliance that would be determined under subrule 1 of this rule and the point of

compliance determined under this subrule shall not exceed that which would require

remedial action pursuant to part 201 for the land use classification of the property on which

the discharge is located.

(iii) The discharger demonstrates that the adoption of an alternative or alternatives

described in R 323.2219(1) to (3) is not prudent given the state's paramount concern for

the protection of its natural resources or public trust in the resources from pollution,

Page 37

impairment, or destruction. In determining whether the discharger has successfully

demonstrated that the adoption of an alternative or alternatives is not prudent, the

department shall specifically solicit and consider public comment on the issue and make

the determination in writing.

(f) The discharger has in place and implements all of the following:

(i) A written pollution prevention policy that promotes the elimination of waste or

reduction of waste at the source of generation.

(ii) A pollution prevention policy that is signed by a responsible official and available to

the department upon request.

(iii) Periodic pollution prevention assessments that identify opportunities for eliminating

waste at the source.

(iv) Pollution prevention goals that specify the environmental media types of pollution

prevention to be prevented or reduced, implementation activities, and projected time

frames.

(v) The recording of progress in achieving pollution prevention goals.

(g) The point of compliance and all land surface area over groundwater from the point of

discharge hydraulically downgradient to the point of compliance that does not meet the

standards in R 323.2222 are located on property under the ownership and control of the

discharger. For purposes of this subrule, a public or private transportation or utility right-

of-way may be considered under the ownership and control of the discharger if the right-

of-way owner gives written consent.

(h) Groundwater affected by the discharge that exceeds the standards of R 323.2222 is

located outside of a designated wellhead protection zone or, if a wellhead protection zone

has not been designated, not less than 2,000 feet from an existing type I water supply well

as defined in Act No. 399 of the Public Acts of 1976, as amended, being §325.1001 et seq.

of the Michigan Compiled Laws, and known as the safe drinking water act, not less than

300 feet laterally from adjacent property that has a land use classification of residential,

and not less than 800 feet laterally from adjacent property that has a land use classification

of commercial or industrial. The department may authorize a lesser distance if, based upon

hydrogeologic information contained in the report required under R 323.2221, there is no

potential for impact to a wellhead protection zone or the use of ground- water on affected

property.

(i) A discharger may not use groundwater for human consumption if the groundwater

does not meet state or federal standards for use as a potable water supply. A discharger

shall record a restrictive covenant or other similar legal instrument describing this

restriction against using groundwater for human consumption. Upon approval of the

department, a discharger or subsequent owner of the property may modify the restrictive

covenant or similar legal instrument to allow use of the groundwater for drinking if all

groundwater affected by the discharge meets state or federal standards for use as a potable

water supply.

(3) If the department grants an alternative point of compliance in accordance with this

rule, then the department shall provide copies of hydrogeologic information upon which

the decision is based to the county, district, or city health department that has jurisdiction.

History: 1980 AACS; 1998-2000 AACS

Page 38

R 323.2225 Monitoring reports.

Rule 2225. A discharger is required to provide monitoring reports to the department under

this part at a time and in a manner specified by the depart-ment in a permit or other

applicable authorization. The department shall provide a copy of a monitoring report upon

request by any interested party.

History: 1980 AACS; 1998-2000 AACS

R 323.2226 Cessation of discharge-related activities.

Rule 2226. (1) A discharger who has eliminated all or any portion of a discharge area or

treatment system or intends to eliminate a discharge area or treatment system shall comply

with subrules (2) to (4) of this rule. The department may waive the requirements of subrules

(2) and (4) of this rule upon written request by a discharger who intends to temporarily

cease the use of a discharge area or treatment system for longer than 9 months.

(2) A discharger shall eliminate all physical threats associated with discharge-related

facilities not later than 5 calendar days after use of the facility has ceased.

(3) A discharger shall comply with part 201, if applicable, or part 213, if applicable.

(4) If a discharge is authorized under R 323.2218 or involves the use of a lagoon, including

a discharge authorized before the effective date of these rules, then a discharger shall close

the facility as follows, unless otherwise authorized by the department:

(a) Not less than 75 calendar days before the cessation of discharge- related activities, a

discharger shall representatively characterize the wastewater, soils, sediments, and sludges

in the following manner:

(i) A discharger shall representatively characterize the wastewater according to R

323.2220.

(ii) A discharger shall conduct a totals analysis for substances that may be present, given

the nature of the discharge, on representative samples of soils affected by the discharge and

representative samples of sediment and sludges associated with the discharge. The totals

analysis shall be according to procedures described in R 323.2220(3). Samples shall be

selected using procedures determined by the department.

(iii) If the totals analysis for a substance is more than 20 times the toxicity characteristic

regulatory level under part 111, then a discharger shall conduct a toxicity characteristic

leaching procedure according to EPA method 1311 on representative samples of the soils,

sediments, and sludges, as appropriate. EPA method 1311 is found in the EPA document

entitled "Test Methods for the Evaluation of Solid Waste, Physical-Chemical Methods,"

SW-846, 3rd Edition, September 1986, as updated through the effective date of these rules.

EPA method 1311 is adopted in these rules by reference and is available for inspection at

the Lansing office of the department of environmental quality, waste management division.

EPA document SW-846 and updates may be purchased from the United States Government

Printing Office, Superintendent of Documents, P.O. Box 371954, Pittsburgh, Pennsylvania

15250-7954, or the Michigan Department of Environmental Quality, Waste Management

Division, P.O. Box 30241, Lansing, Michigan 48909, at a cost at the time of adoption of

these rules of $319.00, plus shipping and handling.

(b) Within 30 days of completing the characterization, a discharger shall submit a closure

plan meeting the requirements of subdivision (c) of this subrule to the department for

Page 39

review and approval. The closure plan shall include a schedule for implementation of

closure activities as follows:

(i) Within 45 calendar days of receipt, the department shall approve the closure plan,

approve the plan with modifications, or deny the plan. If a plan is denied by the department,

then a discharger shall resubmit the plan within 30 days.

(ii) Implementation of the closure plan shall be initiated within 30 calendar days of

approval and shall be completed within 1 year.

(c) Closure activities shall comply with the following provisions, as applicable:

(i) If the level of a contaminant in the groundwater qualifies the site as a facility as defined

by part 201, then the discharger shall comply with the requirements of part 201 with respect

to the groundwater.

(ii) If the groundwater exceeds a standard established for criteria by the department under

section 21304(a) of the act, then a discharger shall comply with the requirement of part 213

with respect to the groundwater.

(iii) If the characterization of wastewater remaining at the cessation of the discharge

indicates that wastewater concentrations exceed a standard of R 323.2222, then a

discharger shall treat and dispose of the wastewater as authorized by this part or remove

the wastewater from the site to an approved wastewater treatment plant for treatment and

disposal.

(iv) Any sediments and sludges shall be managed in accordance with part 111 or part 115,

as appropriate.

(v) Soils associated with the discharge shall be managed in accordance with part 111, part

115, or part 201, as appropriate.

(d) The department may require postclosure monitoring activities to evaluate the

effectiveness of closure activities.

(e) A discharger shall notify the department before implementing activities described in

the approved closure plan and certify completion of the approved closure plan. One of the

following shall certify completion of the plan:

(i) An engineer licensed under Act No. 299 of the Public Acts of 1980, as amended, being

R 339.101 et seq. of the Michigan Compiled Laws, and known as the occupational code.

(ii) A professional geologist certified by the American Institute of Professional

Geologists, 7828 Vance Drive, Suite 103, Arvada, Colorado 80003.

(iii) A professional hydrologist certified by the American Institute of Hydrology, 2499

Rice Street, Suite 135, St. Paul, Minnesota 55113.

(iv) A groundwater professional certified by the National Ground Water Association,

Association of Groundwater Scientists and Engineers Division, 601 Dempsey Road,

Westerville, Ohio 43081.

(v) Another groundwater professional certified by an organization approved by the

department.

History: 1980 AACS; 1998-2000 AACS

R 323.2227 Discharger compliance responsibilities.

Rule 2227. (1) If, during the term of an authorization to discharge granted under this part,

monitoring data indicate that a limit on the concentration of a substance in groundwater or

effluent has been exceeded, then a discharger shall do all of the following:

Page 40

(a) Notify the department, by written instrument within 7 calendar days of making the

determination, that a limit has been exceeded. The notification shall include all of the

following information:

(i) The name of any substance for which a limit was exceeded.

(ii) The concentration at which the substance was found.

(iii) The location or locations at which the limit was exceeded.

(b) Within 14 days of making the determination that a limit has been exceeded, resample

the monitoring location at which the limit was exceeded as specified in a permit issued

under these rules.

(c) Within 60 calendar days of making the determination that a limit has been exceeded,

submit a report that includes all of the following information:

(i) Results of the confirmation sampling.

(ii) An evaluation of the cause for the limit being exceeded and the impact of that event

to groundwater.

(iii) A proposal detailing steps taken or to be taken to prevent recurrences.

(d) Take actions as may be required by the department under subrule (2) of this rule.

(2) If the department determines that a limit on the concentration of a substance in effluent

or groundwater has been exceeded, then the department may require the discharger to

undertake 1 or more of the following activities:

(a) Change the monitoring program, including increasing the frequency of effluent

monitoring or groundwater sampling, or both.

(b) Develop and implement a groundwater monitoring program if one is not in place. A

groundwater monitoring program established under this provision shall comply with R

323.2223(2).

(c) If the discharge is in a designated wellhead protection area, assess the affects of the

discharge on the public water supply system.

(d) Review the operational or treatment procedures, or both, at the facility.

(e) Define the extent to which groundwater quality exceeds the applicable criteria

established by the department under section 20120a(1)(a) of the act, if applicable, or under

section 21304(a) of the act, if applicable.

(f) Revise the operational procedures at the facility.

(g) Change the design or construction of the wastewater operations at the facility.

(h) Initiate an alternative method of waste treatment or disposal.

(i) If the standard for the substance is established by R 323.2222(5), reduce or eliminate

use of the substance.

(j) Close the facility or end the discharge that resulted in the applicable standard being

exceeded.

(k) Remediate contamination to comply with the terms of section 20120a and b of the act,

if applicable, or section 21304(a) of the act, if applicable.

(3) If the department determines there is a change in groundwater quality from a normal

operating baseline that indicates the concentration of a substance in groundwater may

exceed an applicable limit, then the discharger shall take the following actions if required

by the department:

(a) Change the monitoring program, including increasing the frequency of effluent

sampling or groundwater sampling, or both.

(b) Review the operational or treatment procedures, or both, at the facility.

Page 41

History: 1980 AACS; 1998-2000 AACS

R 323.2228 Initial response.

Rule 2228. (1) A discharger who is required by R 323.2222(5)(b)(i) or (c)(ii) to take initial

response shall do all of the following:

(a) Confirm the initial sampling result and notify the department as described in R

323.2227(1)(a) and (b).

(b) Within 60 calendar days of determining that initial response is required, submit a

report that includes all of the following:

(i) Results of confirmation sampling.

(ii) An evaluation of the cause for the need for initial response.

(iii) A plan detailing steps to be taken to reduce the concentration of the substance in the

effluent or groundwater below the concentration necessary for initial response. The plan

shall include a schedule that is the shortest time practicable, but not more than 1 year, for

achieving the reduction. If, based on groundwater velocity, the effect of actions to be taken

in the plan will not be measurable in groundwater within 1 year, then the plan shall correlate

groundwater concentrations of the substance of concern with effluent concentrations and

be designed to achieve necessary reductions in effluent concentrations within as short a

time as practical, but not more than 1 year.

(c) Within 15 calendar days of submitting the plan required in subdivision (b)(iii) of this

subrule, implement the plan taking into account any comments by the department.

(d) Complete the plan described in subdivision (b)(iii) of this subrule, in the time

described in that subdivision, unless either of the following occurs:

(i) The discharger demonstrates, to the satisfaction of the department, that the

concentration of the substance has fallen and will remain below the level necessary for

initial response because of steps already taken. If the demonstration satisfies the

department, then the discharger need not take any additional steps identified in the plan to

reduce concentrations of the substance.

(ii) The concentration of the substance exceeds the limit described in R 323.2222(5)(b)(ii)

or (c)(i), in which case the discharger shall comply with R 323.2227.

(e) If initial response is still necessary at the completion of the plan described in

subdivision (b)(iii) of this subrule, describe in a second plan further steps to reduce the

concentration of the substance below the level at which initial response is necessary.

Development and implementation of the plan shall conform with subdivisions (b)(iii), (c),

and (d) of this subrule.

(f) If the initial response is not successful as specified in subrule (2) of this rule, undertake

the following activities as required by the department:

(i) If the discharge is in a designated wellhead protection area, assess the effects of the

discharge on the public water supply system.

(ii) Review the operational or treatment procedures, or both, at the facility.

(iii) Revise the operational procedures at the facility.

(iv) Change the design or construction of the wastewater operations at the facility.

(v) Initiate an alternative method of waste treatment or disposal.

(vi) Reduce or eliminate use of the substance.

Page 42

(2) An initial response is not successful if the concentration of the substance is above the

concentration described in R 323.2222(5)(b)(i) or (c)(ii) at the earlier of the following

events:

(a) When the plan described in subrule (1)(e) of this rule has been fully implemented.

(b) Two years from the date the report described in subrule (1)(b) of this rule was due to

be submitted to the department.

(3) A discharger who is in compliance with initial response requirements described in this

rule is not subject to the civil fine described in section 3115(1) of the act, if the substance

does not exceed the limit described in R 323.2222(5)(b)(ii) or (c)(i).

History: 1980 AACS; 1998-2000 AACS

R 323.2229 Treatment technology-based standards.

Rule 2229. (1) The treatment technology-based standard described in R 323.2222(5)(b)

for a substance listed in table 101 shall be the concentration specified in table 101.

(2) The department may specify a treatment technology-based standard for an organic

substance in a permit issued under R 323.2218 if the applicant, using published

documentation or verified field testing, demonstrates that the treatment technology

achieves the lowest concentration possible in the discharge.

(3) The department shall update table 101 on a periodic basis, but at least once every 3

years.

History: 1980 AACS; 1998-2000 AACS

R 323.2230 Treatment system requirements.

Rule 2230. A treatment system described in R 323.2216(3) shall be in compliance with

all of the following requirements:

(a) The treatment system shall have sufficient hydraulic capacity to treat organic or

inorganic loading so that the discharge receives physical, chemical, biological treatment or

a combination of treatments to meet the standards of R 323.2222. Subsequent to

construction of treatment facilities built under this rule, a discharger shall obtain

certification by an engineer licensed under Act No. 299 of the Public Acts of 1980, as

amended, being ?339.101 et seq. of the Michigan Compiled Laws, and known as the

occupational code, that the treatment system complies with this requirement. The

certification shall be available for inspection by the department.

(b) Wastewater sludge shall be disposed of in accordance with part 115 or land applied in

accordance with applicable state and federal law.

(c) Operation of the treatment system shall be under the supervision of an operator

certified pursuant to section 3110(1) of the act for an industrial or commercial entity or

section 4104 of the act for a sewage treatment works operated by a municipality.

(d) A discharger shall maintain all treatment or control facilities or systems installed or

used by the discharger to achieve compliance with this rule in good working order and

operate the facilities or systems as efficiently as possible.

(e) A discharger shall have an operation and maintenance manual for the wastewater

treatment facility. The manual shall be used by the certified operator of the facility as a

Page 43

guide for facility operation and maintenance. The operation and maintenance manual shall

include all of the following information:

(i) The function, start-up, shutdown, and periodic maintenance procedures for each unit

process and item of mechanical and electrical equipment.

(ii) The appropriate response or facility adjustment to minimize the impact of an

emergency situation so as to facilitate rapid implementation of a correct response during

emergencies.

(iii) A monitoring program to monitor process efficiency.

(iv) The details of how inspections will be conducted and a schedule for the inspection of

collection system and pump stations, where applicable.

(v) The periodic maintenance procedures for the collection system and pump stations,

where applicable.

(vi) Procedures for the routine maintenance and inspection of lagoons and equipment used

for irrigation, where applicable.

History: 1980 AACS; 1998-2000 AACS

R 323.2231 Certain treatment systems; design, operation, maintenance, limitation,

and monitoring.

Rule 2231. (1) A treatment system described in R 323.2216(3) that involves lagoon

storage and land treatment shall be designed, operated, maintained, limited, and monitored

in accordance with all of the following provisions:

(a) The lagoon liner shall meet the requirements of R 323.2237.

(b) The minimum storage volume of the lagoon system shall be 1/2 of the annual influent

flow.

(c) The lagoon system shall be a minimum of 2 cells as follows:

(i) Cell 1 shall not exceed a maximum depth of 6 feet.

(ii) Cell 2 shall not exceed a maximum depth of 8 feet.

(iii) Subsequent cells shall not exceed a maximum depth of 10 feet.

(d) A lagoon system that has mechanical aerators shall meet all of the following criteria:

(i) The lagoon system shall be a minimum of 2 cells.

(ii) A minimum of 2 mg/l dissolved oxygen shall be maintained in the primary cell.

(iii) The maximum depth of secondary cells shall not exceed 10 feet.

(e) A lagoon shall have security fencing and warning signs.

(f) Wastewater disposal shall be by means of land application to a suitable crop in

accordance with R 323.2233.

(g) Effluent may be discharged from May 1 through October 15, unless alternative dates

are approved by the department.

(h) A discharge shall occur only from an isolated cell. An isolated cell is one that has not

received untreated wastewater at least 30 calendar days before a discharge.

(i) A discharger shall inspect the lagoon facilities weekly and maintain an inspection log

unless otherwise authorized by the department.

(j) A discharger shall meet all of the following requirements when drawing down a cell

for transfer or discharge unless otherwise authorized by the department:

(i) Water discharged or transferred shall be removed from the surface 2 feet of the cell at

a rate of less than 1 foot per day.

Page 44

(ii) A discharger shall maintain a minimum of 2 feet of freeboard in all cells at all times.

(iii) A discharger shall maintain a minimum of 2 feet of water in all cells at all times.

(k) A discharger shall implement a facility maintenance program that, at a minimum,

incorporates all of the following management practices unless otherwise authorized by the

department:

(i) Vegetation shall be maintained at a height not more than 6 inches above the ground on

lagoon dikes.

(ii) Not more than 10% of the water surface shall be covered by floating vegetation and

not more than 10% of the water perimeter may have emergent rooted aquatic plants.

(iii) Dikes shall be inspected for evidence of erosion and animal burrowing. Damage due

to erosion or animal burrowing shall be corrected immediately and steps taken to prevent

occurrences in the future.

(iv) The occurrence of any of the following shall be minimized and immediate steps shall

be taken to eliminate each occurrence:

(A) Scum.

(B) Floating sludge.

(C) Offensive odors.

(D) Insect infestations.

(E) Septic conditions.

(2) A treatment system which is described in R 323.2116(3) and which does not involve

land treatment, such as a sequencing batch reactor, oxidation ditch, or activated sludge with

denitrification capabilities, shall meet the following requirements, as applicable:

(a) A system that does not have a minimum storage volume of 1/2 the annual influent

flow shall comply with both of the following provisions:

(i) Meet the requirements of R 323.2222 in the effluent.

(ii) Have a contingency plan to deal with periods of upset, mechanical malfunctions, and

routine maintenance while maintaining compliance with this part.

(b) A sequencing batch reactor system shall have a minimum of 2 treatment tanks.

History: 1980 AACS; 1998-2000 AACS

R 323.2232 Monitoring and limiting certain discharges.

Rule 2232. A discharge authorized under R 323.2216(2) or (3) shall be limited and

monitored by the discharger as follows:

(a) Flow shall be measured.

(b) Unless otherwise approved by the department under subdivision (d) of this rule, grab

samples shall be collected and analyzed twice each month for the following parameters:

(i) Ammonia-nitrogen.

(ii) Nitrate-nitrogen.

(iii) Nitrite-nitrogen.

(iv) Sodium.

(v) Chloride.

(vi) Phosphorus.

(vii) The pH.

(viii)Dissolved oxygen for a primary cell described in R 323.2231(1) (d)(ii).

(c) For a discharge authorized under R 323.2216(3), the effluent limitations are as follows:

Page 45

(i) Total inorganic nitrogen is limited to 20 mg/l in the effluent if the discharge is done

under R 323.2233 and R 323.2234 or R 323.2235.

(ii) Total inorganic nitrogen is limited to 5 mg/l in the effluent if the discharge is done

under R 323.2233 and R 323.2236.

(iii) Sodium is limited to 150 mg/l in the effluent.

(iv) Chloride is limited to 250 mg/l in the effluent.

(v) Total phosphorus is limited to 5 mg/l in the effluent if the discharge is done under R

323.2233 and either R 323.2234 or R 323.2235.

(vi) Total phosphorus is limited to 2 mg/l in the effluent if the discharge is done under R

323.2233 and R 323.2236.

(vii) The pH of the effluent shall be between 5.5 and 10.0 standard units.

(d) The application rate of the discharge shall be determined by direct measurement or

calculation. If the discharge in done in accordance with R 323.2233 and R 323.2234 or R

323.2235, then the flow volume shall be reported in gallons per day and the application

rate of the discharge shall be reported both in units of inches per day and inches per week.

If the discharge is done in accordance with R 323.2233 and R 323.2236, then the flow

volume shall be reported in gallons per day.

(e) Alternative measurement frequencies may be approved by the department if the

discharger demonstrates that results are representative of the discharge.

(f) Monitoring reports shall be submitted in accordance with R 323.2225.

History: 1980 AACS; 1998-2000 AACS

R 323.2233 Land treatment of wastewater; requirements.

Rule 2233. (1) For the purposes of this rule, the land treatment of wastewater shall be

categorized into 1 of 3 of the following general processes:

(a) Slow rate.

(b) Overland flow.

(c) Rapid infiltration.

(2) If land application is considered part of the overall treatment to meet the standards of

R 323.2222, then a discharger shall incorporate the use of slow rate or overland flow

processes in the design.

(3) A land treatment system shall comply with the general requirements for land treatment

systems as described in subrule (4) of this rule as well as the specific requirements

applicable to the type of land treatment system provided in R 323.2234 to R 323.2236. If

a land treatment system includes a combination of 1 or more of the processes, then the

overall system shall comply with the general requirements in subrule (4) of this rule and

its individual component processes shall comply with the applicable requirements provided

in R 323.2234 to R 323.2236. A discharger shall provide detailed design data, as described

in this rule, to the department upon request.

(4) A land treatment system shall meet all of the following requirements:

(a) The system shall be designed, constructed, and operated as follows:

(i) The system shall be designed and constructed to prevent surface runoff from either

entering or exiting the system.

(ii) The system shall be designed and constructed to provide even distribution of

wastewater during application. A header ditch, where used, shall be designed and

Page 46

constructed to allow for complete drainage after each wastewater loading or shall be lined

to prevent seepage.

(iii) If vegetative cover is utilized and is considered part of the overall treatment system,

then the design and construction of the system shall allow for the mechanical harvesting of

vegetative cover.

(iv) The system shall be designed, constructed, and operated to allow an appropriate

loading cycle. An appropriate loading cycle allows time between loadings for all of the

following:

(A) Soil organisms to biologically decompose organic constituents in the wastewater.

(B) Organic solids on the soil surface to decompose.

(C) The soil to become aerated.

(D) Vegetative cover to utilize available nutrients provided through the application of the

wastewater.

(E) Soil conditions to become unsaturated and aerobic.

(F) Harvesting operations to occur at appropriate times.

(v) The design hydraulic loading or application rate, whether daily, monthly, or annual,

shall not be more than 7% of the permeability of the most restrictive soil layer within the

solum over the area of the discharge as determined by the saturated hydraulic conductivity

method or 12% of the permeability as determined by the basin infiltration method. The

design annual hydraulic loading rate shall not be more than 3% of the permeability of the

solum when determined by either the cylinder infiltration method or air entry permeameter

test method. The methods referenced in this paragraph for determining soil permeability

are adopted by reference in these rules and are contained in the publication entitled

"Methods of Soil Analysis, Part 1, Physical and Mineralogical Properties," Second Edition,

American Society of Agronomy, 1986. The publication may be purchased from the

American Society of Agronomy, 677 South Segoe Road, Madison, Wisconsin 53711-1086,

or the Michigan Department of Environmental Quality, Waste Management Division, P.O.

Box 30241, Lansing, Michigan 48909, at a cost at the time of adoption of these rules of

$65.00, plus shipping and handling. A discharger, if utilizing published information, shall

determine the methodology used to measure the reported hydraulic conductivity. If

published information is utilized and if it is given as a range of expected values, then a

discharger shall use the minimum value given the most restrictive soil layer within the

solum when calculating the hydraulic loading or application rate.

(vi) The system shall be designed, constructed, and operated so as to prevent the

development of sodic conditions within the solum of the discharge area. Sodic conditions

are considered to exist in the solum when the exchangeable sodium percentage, which is

the percentage of the cation exchange capacity of a soil occupied by sodium, is more than

15%. The exchangeable sodium percentage shall be calculated by dividing the quantity of

exchangeable sodium in the solum, in milliequivalents per 100 grams of soil, by the cation

exchange capacity, also in milliequivalents per 100 grams of soil, multiplied by 100.

(b) If phosphorus adsorption within the solum or unsaturated soil column is part of the

overall treatment process, then the system shall be designed as follows:

(i) The available phosphorus adsorptive capacity of the solum or unsaturated soil column

from within the discharge area shall be sufficient to provide the necessary treatment to

ensure that the applicable limit established in the permit is not exceeded for the duration of

the permit.

Page 47

(ii) The loading cycle shall be designed so as to provide the necessary contact time within

the solum or unsaturated soil column required for phosphorus to be removed from the

applied wastewater through adsorption processes.

(iii) The available phosphorus adsorptive capacity of the discharge area shall be

determined through either of the following methods:

(A) By subtracting phosphorus levels of the unsaturated soil column, determined through

on-site Bray-P1 analysis, from published phosphorus adsorption capacity data for the

solum found within the discharge area. The method and procedure for the Bray-P1 analysis

referenced in this subparagraph are contained in the publication entitled "Methods of Soil

Analysis, Part 3 - Chemical Methods," American Society of Agronomy, 1996. The

publication is adopted by reference in these rules and may be purchased from the American

Society of Agronomy, 677 South Segoe Road, Madison, Wisconsin 53711-1086, or the

Michigan Department of Environmental Quality, Waste Management Division, P.O. Box

30241, Lansing, Michigan 48909, at a cost at the time of adoption of these rules of $65.00,

plus shipping and handling.

(B) By subtracting phosphorus levels of the unsaturated soil column, as determined

through on-site Bray-P1 analysis, from the phosphorus adsorption maximum as determined

through Langmuir isotherm analysis of on site soils, after adjustments for the concentration

of phosphorus in the effluent and fraction of utilization within the solum are made. The

method and procedure for determining phosphorus adsorption maximum through

Langmuir isotherm analysis referenced in this subparagraph are contained in the

publication entitled "Phosphate Sorption Isotherms for Evaluating Phosphorus

Requirements of Soils," Soil Science Society of America Journal, Volume 34, American

Society of Agronomy, 1970. The publication is adopted by reference in these rules and

may be purchased from the American Society of Agronomy, 677 South Segoe Road,

Madison, Wisconsin 53711- 1086, or the Michigan Department of Environmental Quality,

Waste Management Division, P.O. Box 30241, Lansing, Michigan 48909, at a cost at the

time of adoption of these rules of $65.00, plus shipping and handling.

(iv) Unless otherwise specified in a permit issued under R 323.2216 or R 323.2218, each

individual discharge area shall be annually sampled in accordance with the publication

entitled "Michigan State University Extension Bulletin E- 498" or other method approved

by the department, and the samples shall be analyzed for cation exchange capacity,

available Bray-P1 phosphorus, pH, and sodium. Bulletin E-498 is available from Michigan

State University Bulletin Office, 10-B Agriculture Hall, Michigan State University, East

Lansing, Michigan 48824, at a cost of 25 cents per copy at the time of adoption of these

rules. A single copy is free to Michigan residents. A copy of bulletin E-498 may also be

obtained from the Michigan Department of Environmental Quality, Waste Management

Division, P.O. Box 30241, Lansing, Michigan 48909, at a cost at the time of adoption of

these rules of 25 cents, plus shipping and handling.

(c) All of the following operation and maintenance requirements shall be met:

(i) Portions of the wastewater distribution system shall be capable of being taken out of

service for maintenance and other operational activities and to provide rest to portions of

the irrigation area without disrupting applications to other areas of the system.

(ii) All areas within a system shall be accessible for maintenance equipment.

(iii) For slow rate and overland flow treatment systems, the pH of the plow layer within

the discharge area shall be maintained between 6.0 and 7.5 standard units.

Page 48

(iv) The discharge to a land treatment system shall be limited so that the discharge volume

combined with the precipitation from a 10-year frequency, 24- hour duration rainfall event

does not overflow the designed discharge area.

(d) For the purposes of the issuance of a permit under R 323.2218, in determining

discharge limitations, the department shall consider all of the following:

(i) Past operating performance.

(ii) The ability of the solum or the unsaturated soil column to treat the pollutants of

concern in the discharge.

(iii) Hydrogeologic characteristics of the site.

(iv) Other pertinent information.

History: 1980 AACS; 1998-2000 AACS

R 323.2234 Slow rate land treatment.

Rule 2234. (1) Slow rate land treatment is the application of wastewater to a vegetated

land surface with the applied wastewater being treated as it flows through the plant and soil

matrix. A portion of the flow is expected to percolate to the groundwater while the

remainder is utilized by plants or lost through evaporation. A facility utilizing a slow rate

system for the land treatment of wastewater shall design and construct the system under

this rule.

(2) The wastewater loading volume shall be designed so that the wastewater will be

absorbed and held within the effective rooting zone of the vegetative cover established on

the site receiving the wastewater.

(3) The daily application rate, in inches per day of the wastewater, shall not exceed the

permeability as determined by R 323.2233(2)(a)(v) multiplied by 24.

(4) The header ditch drainage and the grading of the furrows, where utilized, shall be

tested for equal liquid distribution before seeding.

(5) The system shall be seeded with a mixture of perennial vegetative cover, which are

grasses such as reed canary grass, tall fescue, and orchard grass, alone or in combination

with legumes, such as clover, alfalfa, and birdsfoot trefoil, suited to the climate and the soil

moisture conditions created as a result of the application of wastewater in accordance with

the designed loading cycle. The department may approve alternative vegetative cover on a

case-by- case basis, but may impose restrictions based upon the characteristics of the

proposed alternative.

(6) All furrow side slopes, where present, shall be designed and constructed to allow for

periodic maintenance and or mechanical harvesting of vegetative cover.

(7) The depth of the furrows of a ridge and furrow system, when utilized, shall be adequate

to contain the highest proposed furrow stream. The furrow stream is the volume, in gallons

per unit time, usually per minute, of wastewater discharged into the furrow.

History: 1980 AACS; 1998-2000 AACS

R 323.2235 Overland flow treatment.

Rule 2235. (1) Overland flow treatment of wastewater is the application of wastewater to

the upper reaches of grass-covered slopes with excess wastewater collected at the end of

Page 49

the slopes for reapplication. A facility utilizing an overland flow system for the land

treatment of wastewater shall design and construct the system under this rule.

(2) A system may be constructed on a site that has slowly permeable soil, which is soil

that has 50% or more of the soil particles pass through a no. 200 sieve, except that more

permeable or coarser textured soil may be approved on a case-by-case basis depending on

system design and wastewater strength. Suitable soil shall extend not less than 3 feet below

the soil surface.

(3) The system shall consist of an adequate number of cells that can be alternately loaded

and rested, unless there is adequate storage or pretreatment, to allow loading and resting of

a single cell.

(4) The shape of each cell within the system shall be designed to minimize soil disturbance

when constructing the system.

(5) For a system utilizing more than 1 cell, the wastewater distribution system shall be

designed and constructed so that individual cells within the system can be taken out of

service for resting or other purposes without disruption to the remaining cells.

(6) The header ditch drainage and the grading of the furrows, where utilized, shall be

tested for equal liquid distribution before seeding.

(7) All embankments and dikes shall be properly seeded in order to establish appropriate

vegetative cover for the purpose of erosion prevention.

(8) All furrow side slopes, where present, shall be designed and constructed to allow for

the periodic maintenance and mechanical harvesting of vegetative cover.

(9) The depth of the furrows of a ridge and furrow system, when utilized, shall be adequate

to contain the highest proposed furrow stream. The furrow stream is the volume, in gallons

per unit time, usually per minute, of wastewater discharged into the furrow.

(10) The system shall be seeded with perennial grass, or other vegetation approved by the

department as capable of high nutrient uptake, and be suited to the climate and soil moisture

conditions created by the operation of the system. Vegetative cover, not less than 2 inches

in length and capable of preventing significant erosion to furrows or embankments, shall

be established before the system is used for wastewater treatment.

History: 1980 AACS; 1998-2000 AACS

R 323.2236 Rapid infiltration.

Rule 2236 .(1) Rapid infiltration is the application of wastewater to areas of moderately

to highly permeable soil. The majority of applied wastewater percolates through the soil,

and the treated effluent drains naturally to groundwater. The effluent is minimally treated

as it travels through the soil matrix. Vegetation is not typically a part of the overall

treatment process. The utilization of vegetation or its presence within a discharge area

typically does not interfere with system performance. A facility utilizing rapid infiltration

systems for the land treatment of wastewater shall design and construct the system under

this rule.

(2) The system shall consist of 2 or more cells or absorption areas that can be alternately

loaded and rested or consist of 1 cell or absorption area preceded by an effluent storage or

stabilization pond system. If only 1 cell or absorption area is provided, then the storage or

stabilization pond shall be operated on a fill and draw basis and have sufficient capacity to

allow intermittent loading of the cell or absorption area.

Page 50

(3) For a system that has more than 1 cell or absorption area, an individual cell or

absorption area of the system shall be capable of being taken out of service without

disrupting application to other cells or absorption areas of the system.

(4) An appropriate hydraulic loading cycle shall be developed and implemented to

maximize long-term infiltration rates and allow for periodic maintenance.

History: 1980 AACS; 1998-2000 AACS

R 323.2237 Wastewater treatment or storage lagoons.

Rule 2237. (1) Except as provided in subrule (4) of this rule, wastewater treatment or

storage lagoons associated with a discharge shall consist of a composite liner with a base

that meets the requirements of subrule (2) of this rule and a liner as described in subrule

(3) of this rule.

(2) The base of the composite liner required by this rule shall be a natural soil barrier that

meets the criteria of subdivision (a) of this subrule, a compacted soil barrier that meets the

criteria of subdivision (b)of this subrule, or a geocomposite clay liner that meets the criteria

of subdivision (c) of this subrule as follows:

(a) A natural soil barrier used as a base in a composite liner system shall meet all of the

following requirements:

(i) The natural soil shall be free of sand lenses and not less than 10 feet thick.

(ii) The soil shall have a saturated vertical hydraulic conductivity of not more than 1 x 10-

7 centimeters per second. The hydraulic conductivity of the soil shall be determined using

ASTM method D5084-90, which is adopted by reference in R 323.2238, as modified by

the department in R 299.4920. If flexible wall permeameters are used, then confining

pressures shall be equivalent to the minimum pressure expected after the lagoon is placed

in service.

(iii) For abovegrade construction or if the lagoon liner base does not extend to the ground

surface, perimeter dike walls shall be constructed using a soil that meets the criteria of

subdivision (b)(ii) and (iii) of this subrule and keyed into the natural soil base.

(iv) The natural soil liner surface shall be prepared for placement of the flexible membrane

liner (FML) to remove the potential for failures to the FML.

(v) Alternative test and investigative methods may be approved by the department.

(vi) An engineer licensed under Act No. 299 of the Public Acts of 1980, as amended,

being §339.101 et seq. of the Michigan Compiled Laws, and known as the occupational

code, shall certify to the department, through spatially random testing and measurements,

that the requirements of this rule were met during installation of the natural soil base of the

composite liner. At least 1 soil test shall be conducted and an additional test shall be

conducted for every 5,000 cubic yards placed and when the texture of the soil changes.

(b) A compacted soil liner used as a segment of the composite liner system shall meet all

of the following requirements:

(i) The compacted soil liner shall have a minimum thickness of 2 feet.

(ii) The relationship between hydraulic conductivity, moisture, and density shall be

established with laboratory testing for the source of clay that will serve as the compacted

clay portion of the composite liner. The relationship shall be determined using either the

modified proctor test, ASTM D1557-91, which is adopted by reference in R 323.2238, or

the standard proctor test, ASTM D698- 91, which is adopted by reference in R 323.2238.

Page 51

(iii) Each lift shall be thoroughly and uniformly compacted to achieve a hydraulic

conductivity of not more than 1 x 10-7 centimeters per second based upon the density and

moisture content determined under subdivision(b)(ii) of this subrule. The hydraulic

conductivity of the soil shall be determined using ASTM method D5084-90, which is

adopted by reference in R 323.2238, as modified by the department in R 299.4920. If

flexible wall permeameters are used, then confining pressures shall be equivalent to the

minimum pressure expected after the lagoon is placed in service. Soil shall not be

compacted at a moisture content that is less than optimum and shall not be compacted to

less than either of the following densities:

(A) Ninety percent of the maximum dry density, as determined by the modified proctor

test, ASTM D1557-91, which is adopted by reference in R 323.2238.

(B) Ninety-five percent of the maximum dry density, as determined by the standard

proctor test, ASTM D698-91, which is adopted by reference in R 323.2238.

(iv) The soil shall be placed so that each lift shall not be more than 6 inches after

compaction.

(v) For abovegrade construction or if the lagoon liner base does not extend to the ground

surface, perimeter dike walls shall be constructed using a soil that meets the criteria of

paragraphs (ii) and (iii) of this subdivision and keyed into the compacted soil base.

(vi) The compacted soil liner surface shall be prepared for placement of the FML to

remove the potential for failures of the FML.

(vii) Alternative test and investigative methods may be approved by the department.

(viii) An engineer licensed under Act No. 299 of the Public Acts of 1980, as amended,

being §339.101 et seq. of the Michigan Compiled Laws, and known as the occupational

code, shall certify to the department, through spatially random testing and measurements,

that the requirements of this rule were met during installation of the compacted soil base

of the composite liner. At least 1 soil test of the compacted soil shall be conducted and an

additional test shall be conducted for every 5,000 cubic yards placed and when the texture

of the soil changes.

(c) A geocomposite clay liner (GCL) used as a segment of a composite liner shall meet

all of the following requirements:

(i) The GCL shall be a factory-manufactured hydraulic barrier consisting of sodium

betonite clay supported by geotextiles that are held together by needling, stitching, or

adhesives.

(ii) The GCL shall be seamed according to the manufacturer's specifications to prevent

leakage at the seams.

(iii) The GCL shall not be laid during a precipitation event and shall be covered

immediately by a flexible membrane liner or by another protective cover until the flexible

membrane liner can be laid directly over the GCL.

(iv) The GCL shall be installed according to the manufacturer's specifications and quality

assurance and quality control plans and shall be certified by an engineer licensed under Act

No. 299 of the Public Acts of 1980, as amended, being R 339.101 et seq. of the Michigan

Compiled Laws, and known as the occupational code, overseeing the installation of the

composite liner.

(3) An FML required by this rule shall be placed directly over a liner described in subrule

(2) of this rule to form the composite liner. The FML and its installation shall comply with

all of the following requirements:

Page 52

(a) The liner shall be a minimum of 40 mils thick polyvinyl chloride (PVC) or 60 mils

thick high-density polyethylene (HDPE). The discharger may utilize other materials and

thickness if the department determines before installation, that the proposed material and

thickness are sufficient to ensure that the integrity of the liner is not compromised due to

contact with the soil base, wastewater, climatic conditions, or the stress of installation or

daily operation.

(b) An FML shall be covered immediately after placement by an adequate thickness of

soil or other material approved by the department to prevent puncture by equipment and to

protect the exposed portion of the FML from degradation by ultraviolet light.

(c) The FML shall be placed upon a foundation or base capable of providing support to

the liner and resistance to pressure gradients above and below the liner to prevent slope

failure and failure of the liner due to settlement, compression, or uplift.

(d) The FML shall be installed to cover the entire area of earth material that would be in

contact with the treated or stored effluent.

(e) An FML shall be placed on slopes that are not more than 25%, unless the owner and

operator can demonstrate slope stability for greater slopes.

(f) The field seams of an FML shall meet all of the following requirements:

(i) Seaming shall be done in accordance with the minimum industry standards. The shear

strength and peel strength of the seams must be adeqaute to maintain the ingetrity of the

seam under all operating conditions.

(ii) Horizontal seams shall not occur on side slopes.

(iii) Horizontal seams shall be located not less than 5 feet from the toe of the slope.

(iv) Field seams shall be installed parallel to the line of maximum slope.

(v) The seam area shall be free of moisture, dust, dirt, debris, and foreign material of any

kind before seaming.

(vi) Field seaming shall not be done in weather conditions that would adversely affect the

integrity of the seam.

(g) An engineer licensed under Act No. 299 of the Public Acts of 1980, as amended, being

§339.101 et seq. of the Michigan Compiled Laws, and known as the occupational code,

shall certify to the department that all necessary quality assurance testing was conducted

to ensure that the FML was installed to meet the conditions of these rules.

(4) The department may approve a storage or treatment lagoon liner that does not meet 1

or more of the requirements of this rule if the applicant demonstrates that the requirements

of either of the following provisions are met:

(a) The lagoon holds only wastewater that meets the standards of R 323.2222.

(b) The existing system or the proposed design provides equal or greater environmental

protection to protection provided by a lagoon liner constructed according to this rule. For

an existing system, the demonstration can be made by either of the following:

(i) Through an exfiltration test that demonstrates, to the department's satisfaction, that the

lagoon is not leaking at a rate likely to impact groundwater above the standards described

in R 323.2222.

(ii) Through monitoring of the groundwater and a demonstration approved by the

department that the lagoon has not impacted, and is not likely to impact, groundwater above

the standards described in R 323.2222.

History: 1980 AACS; 1998-2000 AACS

Page 53

R 323.2238 ASTM standards; adoption by reference.

Rule 2238. (1) The following ASTM standards are adopted by reference in these rules:

(a) D698-91E1, test method for laboratory compaction characteristics of soil using

standard effort.

(b) D1557-91E1, test method for laboratory compaction characteristics of soil using

modified effort.

(c) D1586-84(92)E1, standard method for penetration test and split-barrel sampling of

soils.

(d) D5084-90, standard test method for hydraulic conductivity of saturated porous

materials using a flexible wall permeameter.

(2) The standards listed in subrule (1) of this rule may be purchased from the American

Society for Testing and Materials, 100 Barr Harbor Drive, West Conshohocken,

Pennsylvania 19428, at a cost at the time of adoption of these rules of $18.00 each. The

standards listed may also be obtained from the Michigan Department of Environmental

Quality, Waste Management Division, P.O. Box 30241, Lansing, Michigan 48909, at a

cost at the time of adoption of these rules of $18.00 each, plus shipping and handling.

History: 1980 AACS; 1998-2000 AACS

R 323.2240 Table 101; treatment technology standards for certain organic

substances.

Rule 2240. Table 101 reads as follows:

Table 101

Substance

Treatment Technology Standard (ug/l)

1,1,1-trichloroethane

1,2,4-trichlorobenzene

1,2-dichlorobenzene

1,3-dichlorobenzene

1,4-dichlorobenzene

2,4,6-trichlorophenol

2,4-dichlorophenol

2,4-dimethylphenol

2-butanone (MEK)

2-chloronaphthalene

2-chlorophenol

15.

25.

15.

20.

80.

450.

40.

5.

2-methylphenol (o-cresol)

4-methylphenol (p-cresol)

Acenaphthene

Acrolein

Aniline

Anthracene

Benzoic acid

Butyl benzyl phthalate

Chlorobenzene

20.

10.

40.

15.

60.

40.

400.

40.

15.

Page 54

Chrysene

20.

35.

25.

40.

35.

25.

15.

35.

30.

20.

5.

Di-n-butyl phthalate

Di-n-octyl phthalate

Dichlorodifluoromethane

Diethyl phthalate

Dimethyl phthalate

Ethylbenzene

Hexachloroethane

Naphthalene

Phenol

Pyrene

Styrene

C-1,2-dichloroethylene

T-1,2-dichloroethylene

Toluene

5.

35.

Xylene (o,m,p)

History: 1980 AACS; 1998-2000 AACS

Page 55