4 PROPOSED ADMINISTRATIVE RULES

 

 

ORR # 2003-037

 

DEPARTMENT OF ENVIRONMENTAL QUALITY WATER DIVISION

WATER RESOURCES PROTECTION

 

Filed with the Secretary of State on

These rules take effect 7 days after filing with the Secretary of State

 

(By authority conferred on the department of environmental quality by sections 3103 and 3106 of 1994 PA 451, MCL 324.3103 and 324.3106)

 

R  323.2102,  R  323.2103,  R  323.2104,  R 323.2108,  R 323.2109,  and  R 323.2189  of  the  Michigan

Administrative Code are amended and R 323.2196 is added to the code as follows:

 

PART 21. WASTEWATER DISCHARGE PERMITS

 

R 323.2102 Definitions; A to F. Rule 2102. As used in this part:

(a) “Act” means 1994 PA 451, MCL 324.3101 et seq., and the rules promulgated under the act.

(b) “Animal feeding operation (AFO)” means a lot or facility, other than an aquatic animal production facility, where the animals, other than aquatic animals, have been, are, or will be stabled or confined and fed or maintained for a total of 45 days or more in any 12-month period, and crops, vegetation, forage growth, or post-harvest residues are not sustained in the normal growing season over any portion of the lot or facility.

(bc) “Applicant” means a person who applies to the department for a state or national permit to discharge waste or wastewaters into the waters of the state by an NPDES application form or a state permit application form.

(cd) “Application” means either the uniform national NPDES application form, including subsequent additions, revisions, or modifications thereof, promulgated by the administrator of EPA and adopted for use by the department or a state permit application form for applying for a permit.

(de) “Approved control plan” means the plan which is prepared by an authorized public agency, which is approved by the department pursuant to the provisions of section 9110 of part 91 of the act, and which contains the soil erosion and sedimentation control procedures that govern all construction activities normally undertaken by the authorized public agency.

(ef) “Authorized public agency” means a state, local, or county agency that is designated pursuant to the provisions of section 9110 of part 91 of the act to implement soil erosion and sedimentation control requirements with regard to construction activities undertaken by the agency.

 

 

(gh) “Certified storm water operator” means an individual who has been certified by the department pursuant to the provisions of section 3110 of part 31 of the act as properly qualified to operate treatment or control facilities for storm water discharges.

(i)     “Concentrated animal feeding operation (CAFO)” means an AFO that is defined as a large CAFO or a medium CAFO, or that is designated by the department under R 323.2196(3) as a medium CAFO or a small CAFO. Two or more AFOs under common ownership are considered to be a single AFO for the purposes of determining the number of animals at an operation, if they adjoin each other or if they use a common area or system for the disposal of wastes.

(j)      “CAFO process wastewater” means water directly or indirectly used in the operation of a CAFO for any of the following:

(i)    Spillage or overflow from animal or poultry watering systems.

(ii)    Washing, cleaning, or flushing pens, barns, manure pits, or other AFO facilities.

(iii)    Direct contact swimming, washing, or spray cooling of animals.

(iv)    Dust control.

(v)     Any water which comes into contact with, or is a constituent of, any raw materials, products, or byproducts including manure, litter, feed, milk, eggs, or bedding.

(hk) “Construction activity” means a man-made earth change or disturbance in the existing cover or topography of land for which a national permit is required pursuant to the provisions of 40 C.F.R.

§122.26(a) (2000) and which is any of the following:

(i)     Five acres or more in size and defined as a construction activity pursuant to the provisions of 40 C.F.R. §122.26(b)(14)(x) (2000).

(ii)    One acre or more in size and defined as a small construction activity pursuant to the provisions of 40 C.F.R. §122.26(b)(15) (2000).

(iii)    Less than 1 acre of total land area that is part of a larger common plan of development or sale if the larger common plan will ultimately disturb 1 acre or more.

The term includes clearing, grading, and excavating activities. The term does not include the practices of clearing, plowing, and tilling soil and harvesting for the purpose of crop production.

(kn) “Discharge” means any direct or indirect discharge of any waste, waste effluent, wastewater, pollutant, or any combination thereof into any of the waters of the state or upon the ground.

(mp) “Draft permit” means a draft of a permit which is proposed to be issued by the department, which is prepared by staff of the department before public notice of an application for a permit by a discharger, and which contains proposed effluent standards and limitations, proposed compliance schedules, and other proposed conditions or restrictions deemed necessary by the department for a discharge.

(nq) “Effluent standards and limitations” means all state or federal effluent standards and limitations on quantities, rates, and concentrations of chemical, physical, biological, and other constituents to which a

 

 

waste or wastewater discharge may be subject under the federal act or part 31 of the act, including all of the following:

(i)    Effluent limitations.

(ii)    Standards of performance.

(iii)    Toxic effluent standards and prohibitions.

(iv)    Pretreatment standards.

(v)    Schedules of compliance.

(or) “EPA” means the United States environmental protection agency.

(ps) “Fact sheet” means a description of a discharge which is available to the public, which is prepared by the department pursuant to the guidelines, and which includes all of the following information:

(i)    Information on the location of the discharge.

(ii)    Rate or frequency of the discharge.

(iii)    Components of the discharge.

(iv)    Proposed determinations of the department regarding the discharge.

(v)    The location and identification of uses of the receiving waters.

(vi)     Water quality standards and procedures for formulation of final determinations on the discharge by the department.

(qt) “Federal act” means the federal water pollution control act, commonly referred to as the clean water act, Public Law 92-500, as amended by Public Law 95-217,

Public Law 95-576, Public Law 96-483, Public Law 97-1171, and Public Law 100-4, 33 U.S.C. §1251 et seq., and the rules and regulations promulgated thereunder.

 

R 323.2103 Definitions; G to O. Rule 2103. As used in this part:

(a)    “General permit” means a national permit issued authorizing a category of similar discharges.

(b)     “Guidelines” means the federal guidelines promulgated by EPA entitled “Part 123 - State Program Elements Necessary for Participation in the National Pollutant Discharge Elimination System,” 40

C.F.R. §123 et seq.(1984).

(c)     “Illicit connection” means a physical connection to a separate storm sewer that primarily conveys non-storm water discharges other than uncontaminated groundwater into the storm sewer; or a physical connection not authorized or permitted by the local authority, where a local authority requires authorization or a permit for physical connections.

(d)     “Illicit discharge” means any discharge to, or seepage into, a separate storm sewer that is not composed entirely of storm water or uncontaminated groundwater. Illicit discharges include non-storm water discharges through pipes or other physical connections; dumping of motor vehicle fluids, household hazardous wastes, domestic animal wastes, or litter; collection and intentional dumping of grass clippings or leaf litter; or unauthorized discharges of sewage, industrial waste, restaurant wastes, or any other non-storm water waste directly into a separate storm sewer.

(e)       “Industry”  means  a  private  person,  corporation,  firm,  plant,  or  establishment  that  directly  or indirectly discharges waste or wastewater into the waters of the state.

(f)   “Land application area” means land under the control of an AFO owner or operator, whether it is owned, rented, leased, or subject to an access agreement to which production area waste or CAFO process wastewater is or may be applied. Land application area includes land not owned by the AFO owner or operator but the AFO owner or operator has control of the land application of production area waste or CAFO process wastewater.

(g)   “Large CAFO” is an AFO that stables or confines as many as or more than the numbers of animals specified in any of the following categories:

 

 

(i)    700 mature dairy cows, whether milked or dry.

(ii)    1,000 veal calves.

(iii)     1,000 cattle other than mature dairy cows or veal calves.  Cattle includes heifers, steers, bulls, and cow/calf pairs.

(iv)    2,500 swine each weighing 55 pounds or more.

(v)    10,000 swine each weighing less than 55 pounds.

(vi)    500 horses.

(vii)     10,000 sheep or lambs.

(viii)     55,000 turkeys.

(ix)    30,000 laying hens or broilers, if the AFO uses a liquid manure handling system.

(x)    125,000 chickens (other than laying hens), if the AFO uses other than a liquid manure handling system.

(xi)    82,000 laying hens, if the AFO uses other than a liquid manure handling system.

(xii)     30,000 ducks, if the AFO uses other than a liquid manure handling system.

(xiii)     5,000 ducks, if the AFO uses a liquid manure handling system.

(gi) “Mailing list” means a permanent list of persons who request notification and information on public hearings, permits, and other NPDES forms that is prepared and maintained by the department pursuant to the guidelines, these rules, and 1969 PA 306, MCL 24.201 et seq.

(hj) “Management agency” means an areawide waste treatment management agency that is designated by the governor pursuant to the provisions of section 208(a) of the federal act.

(k) “Manure” is defined to include manure, bedding, compost, and raw materials or other materials commingled with manure or set aside for disposal.