Mich. Admin. Code R. 323.2204

Current through Vol. 24-18, October 15, 2024
Section R. 323.2204 - Discharge requirements

Rule 2204.

(1) A person may discharge provided the requirements of this rule are met.
(2) To be authorized under this part, a person shall comply with the following discharge requirements unless otherwise specifically provided:
(a) The discharge shall not be, or not be likely to become, injurious.
(b) The discharge shall not cause runoff to, ponding on, or flooding of adjacent property, shall not cause erosion, and shall not cause nuisance conditions.
(c) The point of discharge shall be located not less than 100 feet inside the boundary of the property where the discharge occurs, unless the discharge is authorized in R 323.2210, R 323.2211, or R 323.2213 or unless a lesser distance is specifically approved by the department in the authorization issued under these rules.
(d) Except for a discharge authorized by R 323.2210, the discharge shall be isolated from water supply wells as follows:
(i) For a discharge authorized by R 323.2211, R 323.2213, R 323.2215, or R 323.2216, the discharge shall be a minimum of 200 feet from a type I or type IIa water supply well, 75 feet from a type IIb or III water supply well in accordance with Act No. 399 of the Public Acts 1976, as amended, being §325.1001 et seq. of the Michigan Compiled Laws, and known as the safe drinking water act, and 50 feet from any domestic well in accordance with part 127 of Act No. 368 of the Public Acts of 1978, as amended, being §§333.12701 to 333.12715 of the Michigan Compiled Laws. The department may require a lesser or greater isolation distance in an individual case based on groundwater flow direction, volume, and constituents of contamination of the discharge; geological, surface, and other site conditions; and the degree of threat to the well or wells.
(ii) For a discharge authorized by R 323.2218, the discharge shall be a minimum of 2,000 feet from a type I or type IIa water supply well, 800 feet from a type IIb or III water supply well in accordance with Act No. 399 of the Public Acts 1976, as amended, being §325.1001 et seq. of the Michigan Compiled Laws, and known as the safe drinking water act, and 300 feet from a domestic well in accordance with part 127 of Act No. 368 of the Public Acts of 1978, as amended, being §§333.12701 to 333.12715 of the Michigan Compiled Laws. The department may authorize a lesser or greater isolation distance in an individual case based on groundwater flow direction, volume, and constituents of the discharge; geological, surface, and other site conditions; and the degree of threat to the well or wells.
(e) The discharge shall be consistent with the requirements of R 323.1041 to R 323.1117.
(f) Except for a discharge authorized under R 323.2222(7)(b) or R 323.2224(2), the discharge shall not create a facility as defined in part 201. A discharge authorized under R 323.2218 for which compliance is measured only in groundwater will not be considered a facility under this provision based on a measurement between the point of discharge and a point of compliance determined according to R 323.2224(1).
(3) For a discharge to meet the requirements of section 3112(1) of the act, authorization must be granted in conformance with the applicable procedural requirements of R 323.2208 and a person shall be authorized by 1 or more of the following:
(a) An exemption established by R 323.2210.
(b) A permit by rule established in R 323.2211 or R 323.2213.
(c) A general permit issued under R 323.2215.
(d) A permit issued under R 323.2216 or R 323.2218.

Mich. Admin. Code R. 323.2204

1980 AACS; 1998-2000 AACS