Section 323.2222. Discharge standards.

Rule 2222.(1) Except as provided in R 323.2206(4), a discharge authorized by a permit issued under R 323.2218 shall not exceed the standards contained in this rule when measured as indicated. For  purposes   of  this  rule, compliance with the standards in this rule when measured in the groundwater shall be  determined  as described in R 323.2224.

(2)       A discharge that contains a substance that is capable of being treated by the actions of soil, soil microorganisms, or plants shall be limited as follows:

(a)    A discharge that contains ammonia, nitrate, or nitrite shall be at a concentration that is less than either of the following standards:

(i) Five thousand micrograms per liter (ug/l) of total inorganic nitrogen, and not more than 500 ug/l nitrite, as measured in the effluent and groundwater. (ii) Five thousand micrograms per liter (ug/l) of  total inorganic nitrogen, and not more than 500 ug/l nitrite, as measured in the groundwater and an effluent standard indicated in the permit that can be reasonably shown by the applicant to result in meeting the groundwater standard.

(b)      A discharge that contains phosphorous shall be at a concentration that is less than 5,000 ug/l as measured in the effluent, unless the department determines that either  of the  following alternative concentrations  is appropriate:

(i)     If a body of  surface  water  is  within   1,000  feet  hydraulically downgradient of the discharge, then the concentration shall be less than 1 of the following standards:

(A)    One thousand ug/l as measured in the effluent.

(B)     One thousand ug/l as measured in the groundwater and an  effluent standard that can be reasonably shown by the applicant to result in meeting the groundwater standard.

(C)     A groundwater or effluent standard indicated in the permit that  is determined by the department as necessary  to   protect  surface  waters  as required by R 323.1041 to R 323.1117.

(ii)       If a body of surface water is not less than 1,000 feet downgradient of the discharge, a concentration measured in the effluent or groundwater, or both, that has been demonstrated by the applicant to protect surface waters as required by R 323.1041 to R 323.1117.

(c)      A substance other than ammonia, nitrate, nitrite and phosphorus that can be demonstrated by the applicant to qualify under this subrule shall be at a concentration less than either of the following standards:

(i)      The standard established for the substance in subrules (3) to (7) of this rule as measured in the effluent and groundwater.

(ii)      The standard established for the substance in subrules (3) to (7) of this rule as measured in the groundwater and an effluent standard indicated in the permit which can be reasonably shown by the applicant to result in the groundwater standard being met.

(3)       A discharge containing a substance indicated in the  following subdivisions shall be at a concentration  that  is  less  than  the standard indicated:

(a)    Aluminum, 150 ug/l.

(b)     Chloride, 250,000 ug/l.

(c)     )  Sodium, 150,000 ug/l.

(d)    Sulfate, 250,000 ug/l.

(e)     Iron, 300 ug/l.

(f)     Manganese, 50 ug/l. Compliance with this standard shall be  determined  in the  effluent  or groundwater, as selected by the applicant and specified in the permit.

(4)        The allowable concentration for total trihalomethanes shall be 20% of the concentration at which a facility as defined by part 201 would be created. The allowable concentration shall be measured in the effluent and groundwater. To determine total trihalomethanes, a discharge shall be assessed by summing the concentrations of the following substances if found to be present:

(a)     ) Chloroform.

(b)     Bromodichloromethane.

(c)     Dibromochloromethane.

(d)    Bromoform.

(5)     A discharge containing a substance not described in subrule (2)(a)  or (b), (3), or

(4)   of this rule shall be limited as follows:

(a)     If the substance is an inorganic substance not described in  subrule (2)(a) or (b) or (3) of this rule, then the concentration of the substance in the groundwater shall not exceed a concentration 1/2 way between the back- ground groundwater quality and the concentration at which the site would be a facility as defined by part 201. Background groundwater quality for this purpose shall be determined by upgradient wells located pursuant to the hydrogeological report described in R 323.2221. The discharger shall notify the department if the concentration of the inorganic substance in groundwater exceeds the background groundwater quality determined under R 323.2221. An initial notification at the time when the condition first exists fulfills the discharger’s obligation of notifying the department. The department will notify the discharger   of  the excessive concentration of  the  inorganic substance if the department becomes  aware of it  before notice from  the discharger.

(b)     If the substance is an organic parameter for which a treatment technology standard is established for the substance under R 323.2229, then the following provisions apply, as applicable:

(i)      If the concentration of the substance in the effluent exceeds the treatment technology standard, then the discharger shall take initial response as required by R 323.2228. The initial response concentration established in this paragraph may be modified under R 323.2222(2)(c)(ii) based on the concentration in the groundwater established in  paragraph  (ii) of this subdivision.

(ii)        The concentration of the substance in groundwater shall not exceed the treatment technology standard. Measurement for this purpose shall be according to R 323.2224, except that R 323.2224(2) shall not apply.

(c)     If the substance is an  organic  parameter   for  which  there   is  a standardized or EPA-approved analytical method and if a treatment technology based standard has not been determined under R 323.2229, then  the following provisions apply, as applicable:

(i)        The concentration of the substance in the effluent shall not exceed that concentration, if it occurred in the groundwater, a facility as defined by part 201 would exist.

(ii)       If the substance is detected in groundwater, then the discharger shall take initial response as required by R 323.2228. Measurement for this purpose shall be according to R 323.2224, except that R 323.2224(2) shall not apply.

(d)    If the substance is an organic  parameter   for  which  there  is  no standardized or EPA-approved analytical method, then the discharge shall be controlled by limiting the volume of the substance used by the discharger. The volume shall result in a discharge that has a concentration of the substance, as determined by use of a mass balance equation, which does not exceed the concentration at which a facility as defined by part 201 would  be created.

(e)     If there is insufficient information concerning the substance to determine the criteria described in subdivision (a), (c), or (d) of  this subrule, then the substance shall not be discharged,   except pursuant to subrule (7) of this rule.

(6)      If the standard determined under subrule (5) of this rule is below the detection limit as determined by the department for this part,  then   the department may take 1 of the following actions:

(a)      Deny the application if the risks associated with the inability to detect the substance at concentrations below the detection limit are determined by the department to be unacceptable.

(b)     Require the discharger to demonstrate that the concentration  in   the discharge is not above, and cannot be above, the standard by estimating the concentration of the substance in the discharge as described in R 323.2220(5) or by monitoring the internal processes for the substance.

(c)     Establish a standard in the  permit  at  the  detection  limit  as determined by the department for the purposes of compliance with this subrule.

(7)         The department may approve a standard different from the standards established in subrules (2) to (6) of this rule under any of the following circumstances:

(a)    The discharge is to groundwater in an unusable aquifer or  not  in  an aquifer.

(b)     The groundwater affected by the discharge vents to surface water and all of the following conditions are met:

(i)          Venting of groundwater affected by the discharge to surface water is demonstrated by a hydrogeologic report meeting the requirements of R 323.2221.

(ii)       Uses of the surface water are protected in accordance with R 323.1041 to R 323.1117.

(iii)       Except as provided in paragraph (v)  of  this  subdivision,   the distance between the point of discharge and the point of venting to surface water is less than 1,000 feet.

(iv)        Deed restrictions, on a form approved by the department, preventing the withdrawal and use of the groundwater for all protected uses that would be impacted by the discharge have been recorded with the register of deeds for all property, including the property of the discharger, downgradient from the discharge to the point of venting.

(v)     A discharge otherwise meeting the conditions in this subrule that occurs at more than 1,000 feet from the point of venting to surface water may be authorized if the discharger  owns   all  property  between  the  point  of discharge and the point of venting

and if the department   determines  that alternative  methods   of  wastewater   disposal are not  economically  or technically feasible, that a prudent alternative does not exist, and that the discharge promotes the public health, safety, and welfare in light of the state's paramount concern for the protection of its natural resources.

(c)        The department may issue a permit that has a limit that is higher than the standard established by subrules (2) to (6) of this rule, if all other conditions of this part are met and if the applicant demonstrates  either  of the following:

(i)     Background groundwater quality exceeds the standard established  in this rule for any substance and the discharge does   not  increase  the concentration of the substance in the groundwater. A permit issued under this subdivision may limit a substance in the discharge in order to reflect changes in background groundwater quality or municipal water supply quality.

(ii)     The source of the water is a municipal water supply delivered in compliance with Act No. 399 of the Public Acts of 1976, as amended, being R 325.1001 et seq. of the Michigan Compiled Laws, and known as the safe drinking water act, the water exceeds the standard established in this rule for the substance, and the discharge does not increase the concentration of the substance in the groundwater above the concentration of the municipal water supply. A permit issued under this subdivision may limit a substance in the discharge in order to reflect changes in background groundwater quality or municipal water supply quality.

(d)        If an applicant demonstrates that existing groundwater quality exceeds the standard established in this rule for total inorganic nitrogen, then a permit may be issued by the department that has a higher limit than  the standard established in this rule if the limit is not more than the state drinking water standard established under Act No. 399 of the Public Acts of 1976, as amended, being R 325.1001 et seq. of the Michigan Compiled Laws, and known as the safe drinking water act, the concentration of total inorganic nitrogen in the discharge does not increase the  concentration   of total inorganic nitrogen in the groundwater, and all other pertinent conditions of this part are met. A permit issued under this rule may include a limit on total inorganic nitrogen  in  order  to  reflect  improvement  in  existing groundwater quality.

(e)     A standard that has a limit that is  higher  than  the   limit  set  in subrules (2) and

(4)   to (7) of this rule may be established by the department in an individual case if the department determines that the standard set in subrules (2) and (4) to (7) of this rule is not economically or technically feasible, that a prudent alternative does not exist, and that establishing a higher limit is consistent with the promotion of the public health, safety, and welfare in light of the state's paramount concern for the protection of its natural resources. In approving a permit with a limit established under this subdivision, the department may prescribe criteria, limitations, or conditions as the department deems necessary to ensure that the conditions of R 323.2204 are met.

(f)    A standard that is more stringent than the standards described in this rule may be established in an individual case if the department determines that readily available and cost-effective treatment technology allows a more stringent standard to be met.

(g)    A standard that is more stringent than the standards described in this rule may be established for the protection of other environmental media, where applicable, if consistent with the requirements of all of the following:

(i) R 323.1041 to R 323.1117.

(ii)     Protection of soil by preventing the creation of a   facility  as defined by part 201 or the violation of cleanup criteria established in section 21304 (a) of the act, being §324.21304(a) of  the Michigan  Compiled Laws, if applicable.

(iii)     R 336.1901, air contaminant and water vapor prohibitions.

(h)       If 2 or more substances are present and known to result in toxicological interaction, the interactive effects shall be considered  in establishing standards for those substances.

History: 1980 AACS; 1998-2000 AACS