Section R. 323.2136 - Terms and conditions of permits; prohibited dischargesRule 2136.
(1) A permit shall not be issued to a person proposing any of the following discharges: (a) A discharge containing a radiological, chemical, or biological warfare agent, or a high-level radioactive waste.(b) A discharge containing a substance which the department determines would substantially impair anchorage, or navigation, or both.(c) A point source discharge in conflict with an areawide waste treatment management plan or amendments thereto, prepared by a management agency pursuant to section 208(b) of the federal act, unless the department finds the variance necessary to protect the public health, safety, and welfare.(2) An NPDES permit will not be issued to a person proposing any of the following discharges into waters subject to regulation under the federal act: (a) A discharge containing a radiological, chemical, or biological warfare agent, or a high-level radioactive waste.(b) A discharge containing a substance which, as determined by the secretary of the army acting through the chief of engineers of the United States army corps of engineers, would substantially impair anchorage, or navigation, or both.(c) A discharge to which the regional administrator objects in writing to the department pursuant to R 323.2112, pursuant to any right to object provided the administrator of EPA in section 402(d) of the federal act.(d) A point source discharge in conflict with an areawide waste treatment management plan, or amendments thereto, prepared by a management agency pursuant to section 208(b) of the federal act unless otherwise approved by EPA.Mich. Admin. Code R. 323.2136