Mich. Admin. Code R. 323.2193

Current through Vol. 24-18, October 15, 2024
Section R. 323.2193 - National permit; clean corporate citizen benefits

Rule 2193. An establishment that has been designated as a clean corporate citizen by the department under R 324.1504 is eligible for the following benefits related to national permits:

(a) A clean corporate citizen applying for reissuance of a national permit may certify that the previous application information, or a portion of the application, is still representative of the discharge, and need not provide new discharge monitoring information, unless there have been changes in state or federal application requirements since the previous application was submitted. The department may request additional information as necessary to process the permit.
(b) When applying for a national permit for a new wastewater discharge that is not covered by a federal technology-based treatment standard, a clean corporate citizen may provide its determination of best professional judgment (BPJ) for technology-based effluent limitations for the case-by-case determinations required under section 402(a)(1) of the federal act. The department will review and use the clean corporate citizen's determination of BPJ for purposes of a draft permit, unless the determination is inconsistent with state or federal regulations, or is contrary to known technology previously used in setting BPJ permit limitations.
(c) A clean corporate citizen that qualifies for coverage under a general permit as provided in R 323.2191 is not required to obtain an individual national permit solely because it is designated as a major discharger by the United States environmental protection agency.
(d) A nonmunicipal clean corporate citizen may construct and utilize wastewater treatment processes to comply with effluent limitations of a national permit without department approval of the plans and specifications for the wastewater treatment processes.
(e) The department shall not conduct more than 1 comprehensive sampling inspection during the effective period of the national permit for a clean corporate citizen, unless the department has reason to believe that the permittee is not in compliance with any applicable statute, rule, national permit, or enforcement order.
(f) The national permit for a clean corporate citizen shall include a provision allowing the department to reduce, but not eliminate, the monitoring frequency of parameters specified in the permit. The department may reduce monitoring. Reduced monitoring shall be sufficient to determine compliance and will be conditioned on continued compliance with parameter limitations. If reduced monitoring identifies a violation of a parameter limitation, then the permit shall provide for an increase in monitoring until compliance is regained. A clean corporate citizen shall submit a request for reduced monitoring to the department in writing. Approval of reduced monitoring under this rule is not subject to the requirements in R 323.2159.
(g) Unless otherwise required by the department, or as necessary for a complete application for national permit reissuance, upon request, the department shall authorize a clean corporate citizen to submit discharge monitoring reports on an annual basis. This provision does not abrogate the permittee's responsibility to report instances of noncompliance required to be reported by statute, rule, national permit, or enforcement order.
(h) The department shall expedite its response to a request from a clean corporate citizen to use a water treatment additive.

Mich. Admin. Code R. 323.2193

2000 AACS; 2003 AACS