Section 323.3108. Denial of a permit or a certificate of coverage.

(1) The department shall deny a permit application, or a part of a permit application, in any of the following circumstances:

(a)      The proposed use of a pesticide is inconsistent with its label pursuant to FIFRA.

(b)     The proposed use of a pesticide is not registered  by the  Michigan department of agriculture pursuant to part 83 of 1994 PA 451  and the EPA pursuant to FIFRA.

(c)       The proposed use of a chemical, though in accordance with the label and otherwise in compliance with these rules or in combination with other aquatic management activities, is likely to result in economic loss, recreational damage, a public health hazard, unacceptable negative impacts to natural resources, or failure to provide control of the aquatic nuisance, as determined by the department.

(d)    An application for chemical treatment of higher aquatic plants is postmarked after August 15 in the year for which treatment is proposed.

(2)      The department shall deny a certificate of coverage if the proposed project does not meet the requirements for the general permit under which the application is made.

(3)     The department shall deny a permit application or an application for a certificate of coverage if an applicant has committed 2 or more violations of other permits previously issued under the act, conditions of a permit, or these rules  within   1 calendar  year.  For  purposes   of  this  subrule, "violation" means conviction in a court of law, or revocation of a permit or certificate of coverage by the department, pursuant to R 323.3109(b) and (c).

History: 1979 AC; 2003 AACS.