DEPARTMENT OF ENVIRONMENT, GREAT LAKES, AND ENERGY

WATER RESOURCES DIVISION

SEWERAGE SYSTEMS

Filed with the secretary of state on April 29, 2026

These rules become effective immediately after filing with the secretary of state unless

adopted under section 33, 44, or 45a(9) of the administrative procedures act of 1969,

1969 PA 306, MCL 24.233, 24.244, or 24.245a. Rules adopted under these sections

become effective 7 days after filing with the secretary of state.

(By authority conferred on the director of the department of environment, Great Lakes,

and energy by section 4104 of the natural resources and environmental protection act,

1994 PA 451, MCL 324.4104, and Executive Reorganization Order Nos. 1995-16, 2009-

31, 2011-1, and 2019-1, MCL 324.99903, 324.99919, 324.99921, and 324.99923)

R 299.2903, R 299.2911, R 299.2912, R 299.2916, R 299.2917, R 299.2918,

R 299.2920, R 299.2922, R 299.2923, R 299.2924, R 299.2925, R 299.2925a,

R 299.2926, R 299.2927, R 299.2931, R 299.2933, R 299.2935, R 299.2936,

R 299.2938, R 299.2939, R 299.2941, R 299.2942, R 299.2943, R 299.2952,

R 299.2953, R 299.2955, R 299.2956, R 299.2957, R 299.2959, R 299.2960, and R

299.2971 of the Michigan Administrative Code are amended, and R 299.2972,

R 299.2973, and R 299.2974 are rescinded, as follows:

PART 1. GENERAL PROVISIONS

R 299.2903 Definitions.

Rule 3. As used in these rules:

(a) "Act" means the natural resources and environmental protection act, 1994 PA 451,

MCL 324.101 to 324.90106.

(b) "Board" means the board of certification authorized by R 299.2916.

(c) "Certificate" means a document that is issued by the department to a person that

meets specific qualification requirements specified in these rules, qualifying the person as

a certified operator.

(d) “Combined sewer system” means a sewer system that conveys domestic and

industrial wastes and stormwater through a single pipe.

(e) "Department" means the director of the department of environment, Great Lakes,

and energy or the director’s designee.

(f) "Division" means the appropriate division of the department as delegated by the

director.

(g) "Governmental agency" means a city, village, township, county, metropolitan

district, other unit of government, or officers of the entities specified in this subdivision.

March 30, 2026

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(h) "Operator" means an individual who works in a treatment facility or collection

system and has some responsibility for the operation of the treatment facility or collection

system.

(i) "Person" means an individual, partnership, association, corporation, or a

governmental agency.

(j) “Public” means 1 or more persons that discharge sewage from its sewer lead into a

sewer system, sewerage system, or treatment facility, as defined in these rules.

(k) "Renewal cycle" means the period of time from the issuance date to the expiration

date stated on a certificate or a replacement certificate.

(l) "Replacement certificate" means a certificate issued to an individual who holds a

valid certificate.

(m) “Retention treatment basin” or “RTB” means an approved treatment facility

installed to retain and treat domestic and industrial wastes and stormwater from a

combined sewer system during storm events, in accordance with its discharge permit.

(n) "Sewer system" or “collection system” means the pipes, channels, conduits,

manholes, pumping stations, and appurtenances, collectively or severally, used or

intended for use by the public for the purpose of collecting, conveying, or transporting

domestic and industrial wastes to a treatment facility for more than 1 individually owned

real property.

(o) "Sewerage system" means a sewer system and treatment facility that is used or

intended for use by the public and is used to collect, transport, and treat domestic and

industrial wastes for more than 1 individually owned real property.

(p) "Superintendent" means an individual who is in charge of and responsible for the

operation of a treatment facility or collection system and is vested with the authority and

responsibility for the establishment and execution of specific practices and procedures

controlling the operations of the treatment facility or collection system in accordance

with the policies of the owner of the treatment facility or collection system and the

department.

(q) "Treatment facility" means structures, equipment, and appurtenances, collectively or

severally, used or intended for use by the public for the purpose of treating or otherwise

handling domestic and industrial wastes for more than 1 individually owned real

property.

PART 2. TREATMENT FACILITY AND COLLECTION SYSTEM

CLASSIFICATION AND OPERATOR CERTIFICATION

R 299.2911 Initial treatment facility and collection system classification.

Rule 11. (1) Except as provided for in subrules (3), (4), and (5) of this rule, treatment

facilities shall be classified by the department into 4 classes, designated as class A, B, C,

or D, with class A being the highest. Collection systems shall be classified by the

department into 4 classes, designated as class C1, C2, C3, or C4, with class C1 being the

highest. The classifications must be based on population served, the type of treatment

facility or collection system, the character and volume of wastes to be treated, and the use

and nature of the waters of the state receiving the effluent thereof. Treatment facilities

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and collection systems classified according to the population criteria in subrules (2) and

(6) of this rule may be placed in a higher classification by the department, by reason of

the incorporation in the treatment facility or collection system of special features of

design, by characteristics more difficult to operate than usual, by reasons of a particularly

difficult type of sewage, by reason of particular stream conditions or combinations

thereof.

(2) One of the following minimum classifications must be assigned to each treatment

facility that serves the public:

(a) Class A, treatment facilities serving or designed to serve a population of 50,000 or

more persons.

(b) Class B, treatment facilities serving or designed to serve a population of 10,000 or

more, but less than 50,000, persons.

(c) Class C, treatment facilities serving or designed to serve a population of 2,000 or

more, but less than 10,000, persons.

(d) Class D, treatment facilities serving or designed to serve a population of less than

2,000 persons.

(3) Treatment facilities utilizing the waste stabilization lagoon process shall be

classified by the department into 1 of the 2 following classes, designated as class L2 and

L1:

(a) Class L2, treatment facilities utilizing the waste stabilization lagoon process that

include special mechanical devices such as aerators, chemical precipitation, disinfection,

or other factors. Class L2 must be considered a higher classification than class L1.

(b) Class L1, treatment facilities utilizing the waste stabilization lagoon process that do

not include special mechanical devices such as aerators, chemical precipitation,

disinfection, or other factors.

(4) Treatment facilities that require minimal operation and control, and serve a

population of less than 1,000 persons may be classified by the department as a special

classification, designated as class SC. These treatment facilities include, but are not

limited to, septic tank and tile field systems, and recirculating sand filters.

(5) Class RTB, treatment facilities that retain and treat discharge from approved

facilities serving a combined sewer system in accordance with its discharge permit.

(6) Collection systems that convey wastewater to a treatment facility, with all flow

transported through a combination of gravity sewers, gravity sewers and pump stations

with force mains, or low-pressure collection systems, must be classified by the

department into 1 of the 4 following classes, designated as class C1, C2, C3, or C4, with

class C1 being the highest:

(a) Class C1, collection systems serving or designed to serve a population of 50,000 or

more persons.

(b) Class C2, collection systems serving or designed to serve a population of 10,000 or

more, but less than 50,000, persons.

(c) Class C3, collection systems serving or designed to serve a population of 2,000 or

more, but less than 10,000, persons.

(d) Class C4, collection systems serving or designed to serve a population of 150 or

more, but less than 2,000 persons unless otherwise required by the department.

R 299.2912 Treatment facility classification and collection system changes.

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Rule 12. (1) If 1 or more of the conditions described by subrule (2) of this rule exist or

are imminent, the department may change the classification of a treatment facility or

collection system after notice and opportunity for hearing on the proposed action not less

than 60 days before the classification change. Hearings conducted by the department

pursuant to this subrule must be undertaken according to hearing procedures prescribed

by part 5 of these rules.

(2) The department may change the classification of a treatment facility or collection

system after finding that any of the following or a combination has occurred or is

expected to occur within 60 days:

(a) The population being served by the treatment facility or the collection system has

changed.

(b) There has been incorporated within the treatment facility or collection system

special features of design or characteristics that render the treatment facility or collection

system more difficult to operate.

(c) Certain wastes are being treated within the treatment facility that require special

treatment facility design or operation procedures.

(d) Conditions of flow or use of the receiving waters require an unusually high degree

of treatment facility operational control.

R 299.2916 Board of certification; appointments.

Rule 16. The department shall appoint a board of certification that consists of 5

members, of whom 1 shall be a class A certified operator, 1 shall be a qualified engineer

registered in this state knowledgeable in the operation and maintenance of treatment

facilities, and collection systems, 1 shall be a staff member of the department, 1 shall be a

municipal official, and 1 shall be a member at large. As the term of a member of the

board of certification expires, the department shall appoint a member to the vacancy for a

3-year term. The department may appoint a member to a shorter term when filling a

vacancy created if a member vacates the position before the end of the term.

R 299.2917 Board of certification, duties and responsibilities.

Rule 17. (1) The board shall advise the department in the examination of persons

applying for certification, as set forth in R 299.2918(1). The board shall meet not less

than twice each year at times and places as it may designate. The board shall do all of the

following:

(a) Advise the department when it considers additional education or experience as

adequate substitutions for other requirements, as set forth in R 299.2918(2).

(b) Advise the department in evaluating applications for examinations, as set forth in R

299.2920(2).

(c) Review and provide comment to the department on the substance of the

examinations, as set forth in R 299.2922(1).

(d) Provide recommendations to the department on the issuance or denial of certificates

following the examination process, as set forth in R 299.2924(1).

(e) Provide recommendations to the department on the issuance or denial of a certificate

or a temporary certificate following the evaluation of certification received from another

state, territory, or possession of the United States, or another country as set forth in R

299.2924(2) and (3).

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(f) Evaluate and approve or disapprove continuing education training courses, decide

their hour value, and categorize them, as set forth in R 299.2925(5).

(g) Comment to the department regarding probation of a certified operator or the

suspension or revocation of an individual’s certificate, as set forth in R 299.2926.

(2) Members of the board shall not be compensated, but are entitled to all actual and

necessary expenses in the performance of their official duties according to the rates

established by the latest edition of the standard travel regulations of this state.

(3) Three members of the board constitute a quorum.

R 299.2918 Operator certification, minimum requirements.

Rule 18. (1) Certification must require written examination conducted by the

department, with the advice of the board, according to 1 or more of the following

classifications based on minimum education and experience qualifications:

(a) Class A. To be eligible to write the examination for a class A certificate, the

applicant shall satisfy all of the requirements in either paragraph (i) or (ii) of this

subdivision, as follows:

(i) The applicant shall comply with all of the following requirements:

(A) Possess a college degree with sufficient engineering or allied subjects to

understand the mechanics, electronics, and hydraulics of a complex treatment facility.

(B) Possess a class B certificate.

(C) Have 4 years of acceptable experience in the operation of a class B or higher

treatment facility, 2 years of which must have been in a supervisory position or a position

of major operational responsibility.

(ii) The applicant shall comply with all of the following requirements:

(A) Have completed 2 years of a standard college curriculum in engineering or allied

field with sufficient subjects to understand the mechanics, electronics, and hydraulics of a

complex treatment facility.

(B) Possess a class B certificate.

(C) Have 6 years of acceptable experience in the operation of a class B or higher

treatment facility, 2 years of which must have been in a supervisory position or a position

of major operational responsibility.

(b) Class B. To be eligible to write the examination for a class B certificate, the

applicant shall comply with all of the following requirements:

(i) Have completed 1 year of college or its equivalent with sufficient subjects to aid in

the understanding of the mechanics, electronics, and hydraulics of a treatment facility.

(ii) Possess a class C certificate.

(iii) Have 4 years of acceptable experience in the operation of a treatment facility of

class C or higher, 2 years of which must have been in a supervisory position or a position

of major operational responsibility.

(c) Class C. To be eligible to write the examination for a class C certificate, the

applicant shall comply with all of the following requirements:

(i) Have completed high school or its equivalent.

(ii) Possess a class D certificate.

(iii) Have 2 years of acceptable experience in the operation of a class D or higher

treatment facility.

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(d) Class D. To be eligible to write the examination for a class D certificate, the

applicant shall comply with both of the following requirements:

(i) Have completed high school or its equivalent.

(ii) Have 1 year of acceptable experience in the operation of a class D or higher

treatment facility.

(e) Class L2. To be eligible to write the examination for a class L2 certificate, the

applicant shall comply with both of the following requirements:

(i) Have completed high school or its equivalent.

(ii) Have 1 year of acceptable experience in the operation of a class L2 lagoon system.

(f) Class L1. To be eligible to write the examination for a class L1 certificate, the

applicant shall comply with both of the following requirements:

(i) Have completed high school or its equivalent.

(ii) Have completed 1 year of acceptable experience in the operation of a class L1 or

class L2 lagoon system.

(g) Class SC. To be eligible to write the examination for a class SC certificate, the

applicant shall comply with both of the following requirements:

(i) Have completed high school or its equivalent.

(ii) Have completed 1 year of acceptable experience in the operation of a class SC type

facility.

(h) Class RTB. To be eligible to write the examination for a class RTB certificate, the

applicant shall comply with both of the following requirements:

(i) Have completed high school or its equivalent.

(ii) Have completed 1 year of acceptable experience in the operation of a class RTB

facility.

(i) Class C1. To be eligible to write the examination for a class C1 certificate, the

applicant shall comply with both of the following requirements:

(i) Have completed high school or its equivalent.

(ii) Have 5 years of acceptable operational experience in a class C2 or higher collection

system, 1 year of which must have been in a supervisory position or a position of major

operational responsibility.

(j) Class C2. To be eligible to write the examination for a class C2 certificate, the

applicant shall comply with both of the following requirements:

(i) Have completed high school or its equivalent.

(ii) Have 4 years of acceptable operational experience in a class C3 or higher collection

system, 1 year of which must have been in a supervisory position or a position of major

operational responsibility.

(k) Class C3. To be eligible to write the examination for a class C3 certificate, the

applicant shall comply with both of the following requirements:

(i) Have completed high school or its equivalent.

(ii) Have 2 years of acceptable operational experience in a class C4 or higher collection

system.

(l) Class C4. To be eligible to write the examination for a class C4 certificate, the

applicant shall comply with both of the following requirements:

(i) Have completed high school or its equivalent.

(ii) Have 1 year of acceptable operational experience in a class C4 or higher collection

system.

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(2) Additional education or experience of an applicant may be substituted by the

department, with the advice of the board, for meeting the minimum qualifications

prescribed in subrule (1) of this rule.

R 299.2920 Application for examination.

Rule 20. (1) The department shall schedule not less than 1 examination per year. The

department shall make public the dates for examinations not less than 90 days before the

dates set for the examinations.

(2) An individual desiring to be certified as in charge of and responsible for the

operation of a treatment facility or collection system shall file with the department, not

less than 45 days before an examination date announced by the department, an

application for examination and certification on a form prepared and provided by the

department. The information contained on the application must be evaluated by the

department and the information must constitute a part of the examination.

(3) The department shall notify the applicants of their acceptance for examination and

the time and place of the examination not less than 15 days before the date of

examination.

R 299.2922 Examination procedures.

Rule 22. (1) The department shall prepare the examinations for operator certification,

taking into account board review and comment. The examinations must include, but are

not limited to, the following 3 parts:

(a) An evaluation of the educational qualifications of the applicant.

(b) An evaluation of the experience qualifications of the applicant.

(c) A written examination on the general subject of treatment facility or collection

system operation in any or all of its phases.

(2) An applicant shall not be admitted to the written examination unless the applicant

meets the minimum requirements prescribed in R 299.2918.

(3) The department shall prepare separate examinations for each class that encompass

basic differences in the duties and responsibilities of operators, types of treatment

facilities and collection systems, variations in wastewater quality, conditions of receiving

waters, and other factors as the department determines.

R 299.2923 Examinations, grading, notification, repeating exam.

Rule 23. (1) The minimum passing grade for the written examination is 70%.

(2) The department or others designated by it shall grade each examination.

(3) The department shall mail the results of each applicant's examination to that

applicant within 60 days after the date of the written examination.

(4) Applicants who fail to pass a written examination may repeat the examination at a

subsequent, regularly scheduled examination by submitting an application as prescribed

by R 299.2920.

R 299.2924 Operator certificates, issuance.

Rule 24. (1) Following examination, the department shall issue or deny a certificate for

each applicant, taking into account the recommendation of the board. Each certificate

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must indicate the class of treatment facility or facilities or collection system(s) that the

certified operator is entitled to assume responsible charge of.

(2) An operator in another state, a territory or possession of the United States, or another

country who holds an operator certificate may apply for reciprocity in obtaining a

certificate under this part. If an application for reciprocity is received, the department

may do either of the following:

(a) Issue a certificate in a comparable classification without examination, if the

requirements for certification of operators the certificate was issued are comparable to the

requirements prescribed by this part.

(b) Issue a temporary certificate in a comparable classification without examination that

expires when the individual has an opportunity to obtain the results from taking this

state’s next available equivalent certification examination, but must not be for more than

18 months. If the individual fails this state’s equivalent certification exam, the individual

is not eligible for an additional temporary certification.

(3) A certificate, other than a replacement or temporary certificate, must be issued for a

period of not less than 36, or more than 39, months. A certificate that is not renewed must

expire.

R 299.2925 Replacement certificates, renewal requirements, expiration, reinstatement.

Rule 25. (1) All certificates issued before the effective date of these rules expire 1 year

after the effective date of these rules.

(2) An individual who has been issued a certificate before the effective date of these

rules pursuant to the provisions of section 4104 of the act, MCL 324.4101, and who

submits to the department, within 10 months after the effective date of these rules, a

completed application on a form provided by the department, shall be issued a

replacement certificate at the individual’s current classification by the department. A

replacement certificate may be issued for a term of not less than 3, or more than 4-1/2,

years.

(3) To renew a certificate, a certified operator shall submit to the department an

application for renewal on a form provided by the department.

(4) A certified operator shall be responsible for making application to renew a certificate

regardless of lack of notification by the department.

(5) The board shall evaluate and either approve or disapprove continuing education

training and determine the continuing education training hour value. All continuing

education training approved by the board must relate to the duties, responsibilities,

operation, maintenance, or supervision of a sewerage system. The board shall categorize

all continuing education training as technical, managerial, or other.

(6) To renew an A or B certificate, the certified operator shall have completed, during

the renewal cycle, not less than 24 hours of board-approved continuing education

training. Not less than 6 hours of the training must be technical training and not less than

6 hours of the training must be managerial training.

(7) To renew a class C, D, L2, or L1 certificate, the certified operator shall have

completed, during the renewal cycle, not less than 12 hours of board-approved continuing

education training. For class C certification renewal, no more than 6 hours of training in

the non-managerial, non-technical category may be used to meet the continuing education

requirement.

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(8) To renew a C1 or C2 certificate, the certified operator shall have completed, during

the renewal cycle, not less than 20 hours of board-approved continuing education

training. No more than 6 hours of training in the non-managerial, non-technical category

may be used to meet the continuing education requirement.

(9) To renew a C3 or C4 certificate, the certified operator shall have completed, during

the renewal cycle, not less than 10 hours of board-approved continuing education

training.

(10) To renew a RTB certificate, the certified operator shall have completed, during the

renewal cycle, not less than 12 hours of board-approved continuing education training.

(11) Individuals holding more than 1 certification need only meet the higher continuing

education training requirement of the certifications held.

(12) Types of continuing education training programs that may be approved include, but

are not limited to, the following:

(a) Programs sponsored by either of the following entities:

(i) Governmental agencies.

(ii) Professional and trade organizations.

(b) Home study courses and correspondence courses that have independent verification

of successful completion.

(c) Technical courses conducted by private contractors.

(d) University, college, and community college courses.

(e) Training programs sponsored by the department and the United States

Environmental Protection Agency.

(f) Training sponsored by nationally recognized organizations.

(13) The department shall issue renewal certificates to certified operators who verify to

the department that they have successfully complied with the continuing education

training requirements.

(14) A certified operator shall keep their own record of approved continuing education

training and present proof of the training on application for renewal and after being

issued a certificate.

(15) A certified operator who is not eligible for renewal pursuant to the provisions of

this rule may apply for examination pursuant to the provisions of R 299.2920.

(16) A class A or B certified operator who has not met the continuing education training

requirements of subrule (6) of this rule may request issuance of a class C or D certificate

for which the requirements have been met.

(17) A class C1 or C2 certified operator who has not met the continuing education

training requirements of subrule (8) of this rule may request issuance of a class C3 or C4

certificate for which the requirements have been met.

(18) A certified operator whose certificate has expired may apply for examination at the

level equal to or less than the level of the valid certificate previously held pursuant to the

provisions of R 299.2920.

(19) The department may reinstate an expired certificate within 1 year after the

expiration date of the certificate when an individual has completed the necessary

continuing education training requirements as prorated from the certificate's expiration

date.

R 299.2925a Restricted and initial certificates for existing operators.

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Rule 25a. (1) The owner of a treatment facility reclassified as a result of these rules

must notify the department of all certified operators currently employed by the owner.

The notification must be made within 90 days after notification by the department that the

system has been reclassified or within 2 years after the effective date of these rules. The

notification must be made as follows:

(a) To the operator or operators identified in subrule (1) of this rule as holding a class L

certificate, the department shall issue a class L1 replacement certificate.

(b) To the operator or operators identified in subrule (1) of this rule as holding

certificates other than a class L certificate, the department shall issue a site-specific,

restricted certification.

(c) To the operator or operators identified in subrule (1) of this rule as holding a class D

or higher certificate and actively supervising or operating an RTB system, the department

may issue a site-specific, restricted RTB certification.

(2) The owner of a collection system classified as a result of these rules must notify the

department of all operators currently employed by the owner. This applies within 2 years

after the initial facility classification by the department. The notification must be made as

follows:

(a) To the operator or operators identified in subrule (2) of this rule as holding a class D

or higher certificate or L2, L1, or SC certificate and actively supervising or operating a

collection system, the department may issue a site-specific, restricted C1, C2, C3, or C4

certification.

(b) For the operator or operators not identified in this rule, the department may issue a

site-specific, restricted C1, C2, C3 or C4 certification for operators that meet the C1, C2,

C3, or C4 certification requirements as outlined in rule 18, in accordance with the facility

classification.

(3) Site-specific, restricted certifications are subject to the certification renewal and

continuing education requirements under rule 25.

R 299.2926 Operator certificates; probation; revocation; suspension.

Rule 26. (1) Following a review and comment by the board, the department may place

on probation, suspend, or revoke the certificate of a certified operator who is adjudged

incompetent or unable to properly perform the duties of a certified operator in their

classification, who has practiced fraud or falsification, or who has been negligent in the

discharge of their duties or responsibilities. Notice of suspension or revocation must be

provided, by the department, in writing to the certified operator and the owner of the

treatment facility or collection system.

(2) The department shall not accept an application for examination during the time

period of suspension for a certified operator whose certificate has been suspended.

(3) The department may renew a suspended certificate if the applicant meets all renewal

requirements. The renewal must not affect the terms of suspension.

(4) The department shall not accept an application for examination from an individual

who has had a certificate revoked for a period of 5 years after the effective date of the

revocation of the certificate. After 5 years, the department may accept an application

submitted by an individual who has had a certificate revoked to write an examination at

the level previously held.

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R 299.2927 Appeals.

Rule 27. (1) A person that is aggrieved by an action under these rules, or who wishes to

appeal another action with respect to certification, shall have an opportunity for a hearing

before the department.

(2) A hearing conducted under this rule must be conducted in accordance with

R 299.2971 to R 299.2974.

PART 3. SEWERAGE SYSTEM PLANS AND SPECIFICATIONS

R 299.2931 Definitions.

Rule 31. As used in this part:

(a) "Alteration" means the construction of a modification or addition to an existing

sewerage system that changes the process or system capacity.

(b) "Construction" means erection or installation of sewer systems or treatment

facilities, including equipment and appurtenances, in accordance with approved plans and

specifications.

(c) "Permit" means a construction permit issued by the director of the department for a

sewer system or treatment facility pursuant to section 6 of the act and these rules.

R 299.2933 Submittal of plans and specifications.

Rule 33. (1) Before the construction or alteration of a sewerage system or portions

thereof, plans and specifications must be submitted to the department for review and

issuance of a construction permit.

(2) The plans and specifications must be submitted by the owner of the sewer system or

treatment facility or by the owner’s designated agent. If a person files plans and

specifications as an agent of an owner, the owner shall furnish the agent with a letter of

authorization for filing the plans and specifications. The letter must identify the plans or

project and be submitted with the plans and specifications.

(3) Plans and specifications submitted to the department pursuant to subrule (1) of this

rule are not considered adequate unless prepared by a professional engineer registered in

this state, and the plans and specifications must be properly sealed by the engineer as

required by law.

R 299.2935 Engineering reports; basis of design; minimum requirements.

Rule 35. (1) Before submission of plans and specifications, an engineering report or

basis of design, or both, must be submitted to the department for review and approval.

(2) An engineering report is required for all proposed projects dealing with construction

of treatment facilities and major sewer systems. The engineer, when preparing the report,

shall consider the material set forth under the engineering report section of the

recommended standards for wastewater facilities, which can be found at

https://www.health.state.mn.us/communities/environment/water/tenstates/index.html ,

wherever applicable, to the facility for which the report is being prepared.

(3) A basis of design must be required for all proposed projects and may be included in

the engineering report. Basis of design forms for treatment facilities and pump stations

are available from the division office. The basis of design for sewer systems must

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include, depending on applicability to the sewer system for which the basis of design is

being prepared, but are not necessarily limited to, the following:

(a) A general map of the service area showing the location of the existing and proposed

sewer system.

(b) The service area in acres.

(c) The present and future population densities per acre and total population.

(d) The present and future per capita sewage contribution, average and maximum.

(e) A description of commercial and industrial waste contributions.

(f) The present and design flow rates, average and maximum.

(g) The size of pipe, grade, and, if appropriate, the size of pump station, number and

capacity of pumps, size and length of force main, and point of discharge.

(h) An analysis of the effect of the proposed additional flows on the existing sewerage

system.

(i) A detailed explanation of steps to be taken if there is a power failure or equipment

breakdown, including a description of special reserve units available for emergency

treatment, storage, or transportation of the wastewater.

(j) An analysis and determination as to the applicability of R 323.1311 to R 323.1329.

(4) If the construction or alteration proposed is for a privately owned sewer or sewerage

system, or portion thereof, serving the public, the permit application must require proof

of the completion of the following, before the department issues a construction permit:

(a) Proof of recordation of a notification of responsibility form acceptable to the

department across each parcel served by the sewer or sewerage system.

(b) A resolution and agreement of its governing body by the city, village, or township

where the proposed sewer or sewerage system is to be located accepting or not accepting

operational responsibility of the sewer or sewerage system should the private owner fail

to properly operate or maintain the sewer or sewerage system. If the city, village, or

township refuses to accept operational responsibility, the owner of the privately owned,

publicly used sewerage shall comply with subrules (4)(c) and (4)(d) of this rule.

(c) An asset management plan on a form acceptable to the department. The asset

management plan must provide for the continued operation, maintenance, and funding of

the repairs and replacements of the sewer or sewerage system in accordance with the

requirements of the act and these rules. The owner of the constructed sewer or sewerage

system shall comply with the department-approved asset management plan and update it

periodically, as necessary.

(d) An escrow account or letter of credit, payable to the department that is the greater of

either $20,000.00 or 20% of the total replacement cost of the whole privately owned,

publicly used sewer or sewerage system, but not more than $100,000.00. The department

may withdraw money from the escrow account or letter of credit to cause deficiencies to

be corrected if the sewer or sewerage system is not operated or maintained as necessary

to protect the public health and the environment. If it is necessary for the department to

withdraw money from the escrow account or letter of credit, the money must be replaced

within 90 days by the developer, private owner, or organization then responsible for the

sewer or sewerage system.

(e) The department may reduce or eliminate the need for an escrow account or letter of

credit established under this rule after 10 years of operation and maintenance considered

satisfactory by the department.

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(f) Before the transfer of ownership of a privately owned, publicly used sewer or

sewerage system, a private purchaser shall comply with this subrule.

R 299.2936 Plans and specifications; minimum requirements.

Rule 36. Information contained within the plans and specifications submitted to the

department for review and approval pursuant to R 299.2933 must include, but is not

limited to, the engineering plans and specifications section of the recommended standards

for wastewater facilities.

R 299.2938 Plans and specifications; review by department.

Rule 38. (1) The department shall review plans and specifications for the construction

or alteration of a sewerage system or portion thereof as soon as practicable on receipt to

determine if the plans and specifications meet the minimum requirements specified in R

299.2936 and accepted design standards for wastewater facilities in this state. In making

its review, the department shall consider design criteria as set forth in recommended

standards for wastewater facilities and be assured that the sewerage system or portion

thereof is designed to protect the public health and prevent unlawful pollution.

(2) If the department determines that plans and specifications are incomplete or are

inadequate, the department shall notify the owner or the owner’s authorized agent of the

proposed sewerage system or portion thereof and may request the resubmittal thereof

with appropriate corrections or additions. The director shall not grant an approval of

plans and specifications until they are complete and are judged to be adequate by the

department.

R 299.2939 Approval of plans and specifications; permits.

Rule 39. (1) On the determination by the department that the plans and specifications

for a sewerage system or portion thereof are complete and satisfactory, the director shall

approve them and issue a permit for construction.

(2) A permit issued pursuant to the act and these rules expires unless construction

commences within 2 years after the date of issuance. An owner of a wastewater facility

may apply for reissuance of a permit in accordance with R 299.2933.

R 299.2941 Permits; conditions for issuance.

Rule 41. The director of the department shall issue a permit for the construction of a

sewerage system or portions thereof if both of the following conditions are met:

(a) Proper devices are or will be available and are in satisfactory operation for the

collection, transportation, and treatment, before discharge into a public watercourse, lake,

drain, ditch, or groundwater, of the sewage or wastes collected or conveyed by these

systems, or a definite program or agreement satisfactory to the department leading to the

construction and operation of the collection, transportation, or treatment devices must

have been officially adopted by the applicant for the permit and filed in the offices of the

department.

(b) If the plans and specifications for the work that a construction permit is requested

for have been properly prepared in accordance with the laws of this state, have been

submitted to the director for examination and approval, have been found to be in

accordance with good modern practices, and, if built according to the plans and

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specifications, are of the nature and design as to protect the public health and prevent

unlawful pollution.

R 299.2942 Revisions to approved plans.

Rule 42. (1) The director shall approve deviations from approved plans or

specifications affecting capacity, flow, isolation distances, or operation and maintenance

of units before construction of the changes. Plans and specifications so revised must be

submitted, along with the new application, well in advance of construction work that will

be affected by the changes, to allow sufficient time for review and approval. Minor

changes not affecting capacities, flows, isolation distances, or operation and maintenance

of units may be verbally approved by the department. Minor modifications include, but

are not limited to, a minor change of location of the sewer or locations of manholes.

(2) If a person seeks confirmation of the department’s verbal approval of a minor

modification under subrule (1) of this rule, the person shall notify the department

electronically, at an address specified by the department, with a detailed description of

the request for the modification. The department shall make reasonable efforts to respond

within 2 business days, confirming whether the request has been approved or denied. If

the department has not responded within 2 business days after the department receives

the detailed description, the verbal approval must be considered confirmed. As-built

plans clearly showing the work as constructed must be submitted to the department at the

completion of the work.

R 299.2943 Operation during construction.

Rule 43. Bypassing of untreated wastewater or reduction in treatment effectiveness

must be adequately addressed during the construction of sewer system or treatment

facility alterations. Before commencing construction of the alterations, a program for

completing the work in a manner that will minimize pollutional effects on the receiving

water must be submitted to the department for review and approval.

PART 4. OPERATION AND MAINTENANCE OF SEWERAGE SYSTEMS

R 299.2952 Operator in charge.

Rule 52. (1) An owner of a treatment facility or collection system shall designate a

superintendent, who is a properly certified operator, to be in responsible charge of the

day-to-day operation and maintenance of each treatment facility or collection system, and

notify the division in writing of the designation, including the superintendent’s address

and telephone number. The superintendent shall hold a certificate equivalent to or higher

than the classification of the treatment facility or collection system. The owner of the

treatment facility or collection system may replace the superintendent with another

properly certified operator, and shall notify the department in writing within 10 days after

the replacement.

(2) During construction of a new treatment facility or collection system and before

placing the treatment facility in operation, the owner shall employ a properly certified

operator who is in charge when the treatment facility or collection system is completed

and placed in operation. This individual shall become fully familiar with all facilities and

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equipment and train selected subordinate employees as appropriate both before and

following treatment facility or collection system start-up.

R 299.2953 Monthly operational reports.

Rule 53. The superintendent of a treatment facility shall file with the department each

month or at other intervals as the department may designate, on forms prescribed by the

department, operating reports showing the effectiveness of the treatment facility

operation and the quantity and quality of liquid wastes discharged into the waters of the

state. If the superintendent is not available to file the report, the owner of the treatment

facility may appoint a substitute acceptable to the department to file the report.

R 299.2955 Sewerage system operation and maintenance; general requirements.

Rule 55. (1) Sewerage systems must be operated and maintained at all times as

efficiently as possible and in a manner that will minimize upsets and discharges of

excessive pollutants.

(2) The owner of the sewerage system shall provide an adequate operating staff that is

qualified to carry out the operation, maintenance, and laboratory testing functions

required to ensure compliance with the conditions of subrule (1) of this rule.

(3) Wherever possible, maintenance of sewerage systems must not result in degradation

of effluent quality. If degradation of effluent is unavoidable, maintenance must be

programmed and scheduled during noncritical water quality periods and be carried out in

a manner approved by the department.

(4) All reasonable measures, including, if appropriate, the provision of shutoff valves

adjacent to storage tanks, catchment areas, relief vessels, or entrapment dikes, must be

taken for containment of accidental losses of concentrated solutions, acids, alkalies, salts,

oils, or other polluting materials.

R 299.2956 As-built plans and specifications.

Rule 56. The owner of the sewerage system shall obtain and maintain reproducible as-

built plans and specifications that accurately describe the entire sewerage system in its

current condition.

R 299.2957 Operation and maintenance manual.

Rule 57. (1) The owner of a treatment facility shall prepare, or cause to be prepared, an

operation and maintenance manual for the treatment facility that must be used by the

operator of the facility as a guide for facility operation and maintenance. The manual

must describe the function, start-up, shutdown, and periodic maintenance procedures for

each unit process and item of mechanical and electrical equipment. The appropriate

responses or facility adjustments to minimize the impact of emergency situations must be

described so as to facilitate rapid implementation of a correct response during

emergencies. A copy of the operation and maintenance manual must be submitted to the

department for its review, approval, and filing 60 days before the date of operation.

(2) If the department determines that an operation and maintenance manual is

incomplete or inadequate, it may return the manual to the owner of the treatment facility

with its findings and recommendations and request modification thereof. The owner of

the treatment facility shall modify and resubmit the manual to the department.

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R 299.2959 Emergency measures, reports to department.

Rule 59. (1) If a breakdown of a sewerage system or system component or an

emergency situation results in the diversion from or bypass of facilities necessary for the

effective collection, transportation, or treatment of the wastes and in the discharge of

pollutants in excess of those authorized by a discharge permit issued by the department

under the act, the system owner shall take all necessary measures to correct the

breakdown or emergency and eliminate or reduce the discharge of excessive pollutants.

(2) The owner of a sewerage system that discharges, or allows to be discharged,

excessive pollutant to the waters of the state as a result of a facility breakdown or

emergency shall notify the division promptly. The owner shall supplement the notice by a

written report filed with the division within 72 hours outlining the cause, its discovery,

and the corrective actions taken to minimize adverse impact to the waters of the state,

restore facilities to operative condition, and eliminate the need for future diversion or

bypass. This rule does not supersede, rescind, or otherwise alter another existing or future

procedure, rule, or statute pertaining to pollution of the waters of the state.

R 299.2960 Enforcement.

Rule 60. A person that violates this part is subject to the procedures and penalties

prescribed by the act or another applicable law or rules of this state. If the department has

determined that a person has violated part 41 of the act, MCL 324.4101 to 324.4113, or

these rules, the department may notify the alleged offender of its determination and may

require that person to enter an order, or the department may follow the enforcement

procedures and penalties prescribed by the act or another applicable law or rule of this

state, or both.

PART 5. HEARINGS

R 299.2971 Opportunity for hearings.

Rule 71. (1) A person that is aggrieved by an action undertaken under the act or these

rules may file a sworn petition with the department setting forth the grounds and reasons

for the complaint or appeal and asking for a hearing before the department. The

department shall fix the time and place for the hearing and notify the petitioner of the

time and place. At the hearing, the petitioner and other interested parties may appear,

present witnesses, and submit evidence. Following the hearing, the final decision or

disposition of the case by the department is conclusive unless reviewed in accordance

with and subject to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201

to 24.328, in the circuit court for the county of Ingham or for the county where the person

resides.

(2) An appearance at a hearing must be by the party themself, by the party’s duly

authorized agent, or by counsel.

R 299.2972 Rescinded.

R 299.2973 Rescinded.

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R 299.2974 Rescinded.