Section 323.3102. Activities requiring a permit or certificate of coverage.

(1) A permit or certificate of coverage shall be obtained from the department before any chemical treatment of waters of the state for the purpose of aquatic nuisance control, of waters of the state, where the area of impact contains visible water at the time of chemical treatment.  A permit or certificate of coverage shall also be

obtained for chemical treatment of  the Great Lakes and Lake St. Clair where the area of impact is exposed bottomland located below the ordinary high water mark.

(2)     A person is authorized to chemically treat waters of the state without obtaining a permit or a certificate of coverage from the department if all of the following criteria are met:

(a)    )  A waterbody does not have an outlet.

(b)      There is no record of a state or federal endangered or threatened species, pursuant to part 365 of 1994 PA 451.

(c)     ) A waterbody has a surface area of less than 10 acres.

(d)    The bottomlands of a waterbody are owned by either of the following:

(i)     A single person.

(ii)         More than 1 person and written permission for the proposed chemical treatment is obtained from each person.

(3)     A person conducting a chemical treatment authorized by subrule (2) of this rule shall maintain written permissions and records of treatment, including treatment date, chemicals applied and amounts, and a map indicating the area of impact, for 1 year from the date of each chemical application. The records shall be made available to the department upon request. Each chemical treatment shall be posted as specified in R 323.3106(d).

History: 1979 AC; 2003 AACS.