(3) Operation of the process or process equipment under a waiver does not relieve the
applicant from civil fines for violations of the provisions in subrule (2)(a) to (c) if any of
the following are met:
(a) The applicant failed to act promptly to correct the violations after discovery.
(b) The applicant failed to report the violations to the department within 24 hours of
discovery.
(c) The violations pose or posed a substantial endangerment to the public health, safety,
or welfare.
(d) The violations were intentional or occurred as a result of the applicant’s gross
negligence.
(4) The term of the initial waiver shall be for the period requested, but not more than 1
year from the date the request is received by the department. After a waiver to construct
or operate is approved pursuant to subrule (1) of this rule, the clean corporate citizen permit
applicant may apply for 1 extension to the term of the initial waiver. A waiver extension
application shall be in writing, shall state the reasons for the need of the extension, shall be
submitted not later than 30 days before the end of the term of the initial waiver, and shall
be signed by the owner or the owner's authorized agent. The waiver extension application
shall be acted upon by the department within 30 days of receipt of the extension application.
The department shall determine the term of the extension, but the total term of the initial
waiver plus extension shall not exceed 18 months.
(5) A waiver approved pursuant to subrule (1) of this rule shall be revoked by the
department for cause, including, but not limited to, the termination of the permit applicant's
clean corporate citizen designation or a finding by the department of noncompliance with
applicable state or federal air quality requirements related to the process or process
equipment, exclusive of the state requirement to obtain an approved permit prior to
construction or operation of the process. The applicant shall have an opportunity to present
information to the department before revocation action is taken. A waiver revocation shall
be in writing by the department. There is no formal appeal of the department's revocation
decision.
(6) A clean corporate citizen may operate a process or process equipment pursuant to a
waiver to operate approved pursuant to subrule (1) of this rule until 1 of the following
occurs:
(a) The permit to install for the process or process equipment is approved, at which time
the waivers approved pursuant to subrule (1) of this rule become void.
(b) The term of the approved waiver and extension, if applicable, expires.
(c) The permit for the process or process equipment is denied, at which time the waivers
approved pursuant to subrule (1) of this rule become void.
(d) The waiver is revoked by the department.
(7) The department shall deny a permit to install after a waiver has been granted or
approved pursuant to subrule (1) of this rule if the information, including plans and
specifications, provided by the applicant shows that cause exists for denial pursuant to
section 5510 of the act or if the applicant has not provided the information necessary for a
technically complete application in a timely manner. An appeal of a denial shall be made
pursuant to section 5505(8) of the act.
History: 1997 AACS; 2014 AACS.
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Courtesy of Michigan Administrative Rules