National Pollutant Discharge Elimination System

1. National Pollutant Discharge Elimination System -NPDES Permit Process-

2. NPDES Permit • The NPDES Program is a federally promulgated program that is operated by the Water Bureau of the Michigan Department of Environmental Quality. • An NPDES permit is required for any discharge into surface waters of the State.

3. Step 1: The Permit Application • The applicant must first completely fill out an application for an NPDES Permit. -The application and application appendix can be downloaded off the internet at: http://www.michigan.gov/deq/0,1607,7-135-3313_3682_3713-10440--,00.html

4. Step 2: Application Evaluation • The Department will review the submitted application for completeness. • If the Department requires additional information or clarification, staff will inform the applicant.

5. Application Requirements There are a variety of requirements listed in the NPDES application that an applicant must provide. Listed below are just a few of the items: • General Information • Thorough Description of Wastewater and Facility • Water Flow Diagram & Narrative Description • Map of Facility and Discharge Location • List of Adjacent Property Owners • Appropriate Signatures • Antidegradation Demonstration/Exemption (for new or increased discharges)

6. Antidegradation Requirements • Rule 323.1098, requires that all new or increased discharges submit either an Antidegradation Demonstration or an Antidegradation Exemption. • The demonstration must provide justification for the requested discharge while complying with all applicable rules and regulations. • Exemptions are typically submitted for discharges which are short in duration or needed as a response action undertaken to protect human health and/or the environment.

7. Antidegradation Demonstration • The rule can be rather complex and should be thoroughly reviewed by the applicant prior to submittal of the NPDES permit application. • The submitted demonstration must provide a reason why the proposed discharge is “necessary” – meaning: have options other than a surface water discharge been evaluated?

8. Antidegradation Demonstration The applicant shall identify the social or economic developments and the benefits to the area that would be forgone if the discharge was not allowed. The factors may include: (i) Employment Increases (ii) Production Level Increases (iii) Employment Reduction Avoidances (iv) Efficiency Increases (v) Industrial, Commercial, or Residential Growth (vi) Environment or Public Health Corrections (vii) Economic or Social Benefits to the Community

9. Step 3: Permit Development - If the application has been determined to be complete and the Antidegradation requirements have been satisfied, the permit writer will then proceed to develop the requested NPDES permit.

10. Processing Time • Once the Application is determined to be complete, the Department has 180 days to make a determination as to issuance or denial of a new or increased use permit application. • During the 180 days, the Department will need to develop a permit which complies with all State and Federal Standards. -Thismeans that the discharge will be subject to water quality along with treatment technology based effluent limitations.

11. Water Quality Based Effluent Limitations • WQBEL – A value determined by selecting the most stringent of the effluent limits calculated using all applicable water quality criteria (e.g., aquatic life, human health, and wildlife) for a specific point source to a specific receiving water for a given pollutant.

12. Treatment Technology Based Effluent Limitations • TTBEL – A permit limit for a pollutant that is based on the capability of a treatment method to achieve a minimum level of performance. • TTBELs are based on federal categorical standards which are specific to certain categories of discharges.

13. Preparation of Draft Permit • The more restrictive of the WQBEL or the TTBEL is included in the permit. • Additional water quality conditions that may be included: • Fish uptake studies • Thermal plume studies • Short term waste characterization • Pollution minimization plan • Other potential program conditions: • Combined Sewer Overflows • Industrial Pretreatment Program • Residuals Management Program

14. Step 4: Pre-Public Notice • Once the Surface Water Permits Section develops a draft NPDES permit and all the associated documentation, the applicant will be given an opportunity to review (usually 2-3 weeks) the draft prior to the permit being placed on Public Notice.

15. Step 5: Public Notice • According to Rules 2119 and 2121, the Department shall public notice a proposal to issue or deny a permit within the geographical area of the proposed or existing discharge, and allow 30 days for the submittal of comments from interested persons. • The draft permit and related documentation will be made available to the general public via the Michigan DEQ website. • During this public comment period it is possible for interested parties to request a public meeting or hearing. • All submitted comments will be kept as part of the permanent record.

16. Public Meeting / Hearing • A public meeting provides a forum for the public to ask questions, gain greater understanding, and express concern for the proposed permit and the proposed discharge. • A public hearing is a forum in which the public provides comments for the record, but the Department does not respond to the testimony. A responsiveness summary is prepared after the close of the record. • If the Department determines that it is necessary to have a public meeting, hearing, or both, it will need to public notice the event, which may extend the application processing time.

17. Step 6: Issuance or Denial • After the permit has completed its public notice requirement, the Department will evaluate all concerns and comments received during the public notice period. The proposed permit is prepared based on comments from the public comment period • If all issues have been resolved, the permit decision-maker (usually the Permit Section Chief) will decided whether or not to issue the proposed permit. • If substantial and relevant issues remain, a public meeting is held with the decision maker.

18. Following Issuance or Denial • For 60 days following the issuance or denial of a permit, any aggrieved party my file a petition for a contested case hearing. • If a permit is contested by a third party, then the permit will remain the effective control document until deemed otherwise by an Administrative Law Judge. • If a permit is contested by the permittee/applicant, then the permit is stayed and they will continue to operate under their prior permit until a decision has been made by an Administrative Law Judge.