National Pollutant National Pollutant Discharge Discharge

Elimination SystemElimination System-NPDES Permit Process--NPDES Permit Process-

NPDES PermitNPDES Permit

The NPDES Program is a federally The NPDES Program is a federally promulgated program that is promulgated program that is operated by the Water Bureau of the operated by the Water Bureau of the Michigan Department of Michigan Department of Environmental Quality. Environmental Quality.

An NPDES permit is required for any An NPDES permit is required for any

discharge into surface waters of the discharge into surface waters of the State.State.

Step 1: The Permit Step 1: The Permit ApplicationApplication

The applicant must first completely fill The applicant must first completely fill out an application for an NPDES Permit.out an application for an NPDES Permit.

-The application and application -The application and application appendix can be downloaded off the appendix can be downloaded off the internet at: internet at: http://www.michigan.gov/deq/0,1607,7-http://www.michigan.gov/deq/0,1607,7-135-3313_3682_3713-10440--,00.html135-3313_3682_3713-10440--,00.html

Step 2: Application Step 2: Application EvaluationEvaluation

The Department will review the The Department will review the submitted application for submitted application for completeness.completeness.

If the Department requires If the Department requires additional information or additional information or clarification, staff will inform the clarification, staff will inform the applicant.applicant.

Application Application RequirementsRequirements

There are a variety of requirements listed in There are a variety of requirements listed in the NPDES application that an applicant the NPDES application that an applicant must provide. Listed below are just a few must provide. Listed below are just a few of the items:of the items:

General InformationGeneral Information Thorough Description of Wastewater and FacilityThorough Description of Wastewater and Facility Water Flow Diagram & Narrative DescriptionWater Flow Diagram & Narrative Description Map of Facility and Discharge LocationMap of Facility and Discharge Location List of Adjacent Property OwnersList of Adjacent Property Owners Appropriate SignaturesAppropriate Signatures Antidegradation Demonstration/Exemption (for new Antidegradation Demonstration/Exemption (for new

or increased discharges)or increased discharges)

Antidegradation Antidegradation RequirementsRequirements

Rule 323.1098, requires that all new or increased Rule 323.1098, requires that all new or increased discharges submit either an Antidegradation discharges submit either an Antidegradation Demonstration or an Antidegradation Exemption. Demonstration or an Antidegradation Exemption.

The demonstration must provide justification for The demonstration must provide justification for the requested discharge while complying with all the requested discharge while complying with all applicable rules and regulations.applicable rules and regulations.

Exemptions are typically submitted for Exemptions are typically submitted for discharges which are short in duration or needed discharges which are short in duration or needed as a response action undertaken to protect as a response action undertaken to protect human health and/or the environment.human health and/or the environment.

Antidegradation Antidegradation DemonstrationDemonstration

The rule can be rather complex and The rule can be rather complex and should be thoroughly reviewed by the should be thoroughly reviewed by the applicant prior to submittal of the applicant prior to submittal of the NPDES permit application.NPDES permit application.

The submitted demonstration must The submitted demonstration must provide a reason why the proposed provide a reason why the proposed discharge is “necessary” – meaning: discharge is “necessary” – meaning: have options other than a surface water have options other than a surface water discharge been evaluated?discharge been evaluated?

Antidegradation Antidegradation DemonstrationDemonstration

The applicant shall identify the social or economic The applicant shall identify the social or economic developments and the benefits to the area that would be developments and the benefits to the area that would be forgone if the discharge was not allowed. The factors may forgone if the discharge was not allowed. The factors may include:include:

(i)(i) Employment IncreasesEmployment Increases

(ii)(ii) Production Level IncreasesProduction Level Increases

(iii)(iii) Employment Reduction AvoidancesEmployment Reduction Avoidances

(iv)(iv) Efficiency IncreasesEfficiency Increases

(v)(v) Industrial, Commercial, or Residential GrowthIndustrial, Commercial, or Residential Growth

(vi)(vi) Environment or Public Health CorrectionsEnvironment or Public Health Corrections

(vii)(vii) Economic or Social Benefits to the CommunityEconomic or Social Benefits to the Community

Step 3: Permit Step 3: Permit DevelopmentDevelopment

-- If the application has been determined to be If the application has been determined to be complete complete andand the Antidegradation the Antidegradation requirements have been satisfied, the permit requirements have been satisfied, the permit writer will then proceed to develop the writer will then proceed to develop the requested NPDES permit.requested NPDES permit.

Processing TimeProcessing Time Once the Application is determined to be Once the Application is determined to be

complete, the Department has 180 days to make a complete, the Department has 180 days to make a determination as to issuance or denial of a new or determination as to issuance or denial of a new or increased use permit application. increased use permit application.

During the 180 days, the Department will need to During the 180 days, the Department will need to develop a permit which complies with all State develop a permit which complies with all State and Federal Standards. and Federal Standards.

-This-This means that the discharge will be subject to water means that the discharge will be subject to water quality along with treatment technology based effluent quality along with treatment technology based effluent limitations.limitations.

Water Quality Based Water Quality Based Effluent LimitationsEffluent Limitations

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

Treatment Technology Treatment Technology Based Effluent LimitationsBased Effluent Limitations

TTBEL – A permit limit for a pollutant that TTBEL – A permit limit for a pollutant that is based on the capability of a treatment is based on the capability of a treatment method to achieve a minimum level of method to achieve a minimum level of performance.performance.

TTBELs are based on federal categorical TTBELs are based on federal categorical standards which are specific to certain standards which are specific to certain categories of discharges.categories of discharges.

Preparation of Draft Preparation of Draft PermitPermit

The more restrictive of the WQBEL or the TTBEL is The more restrictive of the WQBEL or the TTBEL is included in the permit.included in the permit.

Additional water quality conditions that may be Additional water quality conditions that may be included:included:

Fish uptake studiesFish uptake studies Thermal plume studiesThermal plume studies Short term waste characterizationShort term waste characterization Pollution minimization planPollution minimization plan

Other potential program conditions:Other potential program conditions: Combined Sewer OverflowsCombined Sewer Overflows Industrial Pretreatment ProgramIndustrial Pretreatment Program Residuals Management ProgramResiduals Management Program

Step 4: Pre-Public NoticeStep 4: Pre-Public Notice

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

Step 5: Public NoticeStep 5: Public Notice According to Rules 2119 and 2121, the Department According to Rules 2119 and 2121, the Department

shall public notice a proposal to issue or deny a shall public notice a proposal to issue or deny a permit within the geographical area of the proposed permit within the geographical area of the proposed or existing discharge, and allow 30 days for the or existing discharge, and allow 30 days for the submittal of comments from interested persons.submittal of comments from interested persons.

The draft permit and related documentation will be The draft permit and related documentation will be made available to the general public via the made available to the general public via the Michigan DEQ website.Michigan DEQ website.

During this public comment period it is possible for During this public comment period it is possible for interested parties to request a public meeting or interested parties to request a public meeting or hearing.hearing.

All submitted comments will be kept as part of the All submitted comments will be kept as part of the permanent record.permanent record.

Public Meeting / HearingPublic Meeting / Hearing A public meeting provides a forum for the public to ask A public meeting provides a forum for the public to ask

questions, gain greater understanding, and express questions, gain greater understanding, and express concern for the proposed permit and the proposed concern for the proposed permit and the proposed discharge.discharge.

A public hearing is a forum in which the public A public hearing is a forum in which the public provides comments for the record, but the Department provides comments for the record, but the Department does not respond to the testimony. A responsiveness does not respond to the testimony. A responsiveness summary is prepared after the close of the record.summary is prepared after the close of the record.

If the Department determines that it is necessary to If the Department determines that it is necessary to have a public meeting, hearing, or both, it will need to have a public meeting, hearing, or both, it will need to public notice the event, which may extend the public notice the event, which may extend the application processing time.application processing time.

Step 6: Issuance or Step 6: Issuance or DenialDenial After the permit has completed its public notice After the permit has completed its public notice

requirement, the Department will evaluate all requirement, the Department will evaluate all concerns and comments received during the public concerns and comments received during the public notice period. The proposed permit is prepared notice period. The proposed permit is prepared based on comments from the public comment periodbased on comments from the public comment period

If all issues have been resolved, the permit decision-If all issues have been resolved, the permit decision-maker (usually the Permit Section Chief) will decided maker (usually the Permit Section Chief) will decided whether or not to issue the proposed permit.whether or not to issue the proposed permit.

If substantial and relevant issues remain, a public If substantial and relevant issues remain, a public meeting is held with the decision maker.meeting is held with the decision maker.

Following Issuance or Following Issuance or DenialDenial

For 60 days following the issuance or denial of a For 60 days following the issuance or denial of a permit, any aggrieved party my file a petition for a permit, any aggrieved party my file a petition for a contested case hearing.contested case hearing.

If a permit is contested by a third party, then the If a permit is contested by a third party, then the permit will remain the effective control document permit will remain the effective control document until deemed otherwise by an Administrative Law until deemed otherwise by an Administrative Law Judge.Judge.

If a permit is contested by the permittee/applicant, If a permit is contested by the permittee/applicant, then the permit is stayed and they will continue to then the permit is stayed and they will continue to operate under their prior permit until a decision has operate under their prior permit until a decision has been made by an Administrative Law Judge.been made by an Administrative Law Judge.