Section R. 299.9501 - Operating licenses for new facilities; and expansion, enlargement, or alteration of existing facilities; applicabilityRule 501.
(1) Except as otherwise specified in R 299.9503, R 299.9524, and subrules (2), (3), and (4) of this rule, issuance of an operating license by the director shall occur before any of the following begins:(a) The physical construction of a new treatment, storage, or disposal facility.(b) The expansion or enlargement beyond the previously authorized design capacity or area of a treatment, storage, or disposal facility.(c) The alteration of the method of treatment or disposal previously authorized at a treatment or disposal facility to a different method of treatment or disposal. A change in only the types and quantity of waste treated, stored, or disposed of, without an expansion, enlargement, or alteration of the facility, shall not require a new operating license. Such a change may require modification of the operating license as set forth in this part or, for facilities operating without a license in accordance with the provisions of R 299.9502 (3), (4), or (5), submittal by the owner or operator of a revised part A application before such a change. (2) Each method of treatment or disposal requires a separate operating license. Either or both of the following may be authorized under an operating license for treatment or disposal: (a) Storage associated with such treatment or disposal.(b) Wastewater treatment facilities treating wastewater generated from the treatment or disposal of a hazardous waste.(3) If the director finds an imminent and substantial endangerment to human health or the environment, the director may issue a temporary emergency operating license to a nonlicensed facility to allow treatment, storage, or disposal of hazardous waste or to a licensed facility to allow treatment, storage, or disposal of a hazardous waste not covered by an effective operating license. These activities shall not be subject to the operating license requirements of part 111 of the act and these rules for new facilities or the expansion, enlargement, or alteration of existing facilities. An emergency operating license may be oral or written. If oral, it shall be followed in 5 days by a written emergency operating license. The emergency operating license may be terminated by the director at any time if he or she determines that termination is appropriate to protect human health and the environment. An emergency operating license shall comply with all of the following requirements: (a) It shall not exceed 90 days in duration.(b) It shall clearly specify the hazardous wastes to be received and the manner and location of their treatment, storage, or disposal.(c) It shall be accompanied by a public notice published in accordance with R 299.9513, including all of the following information:(i) Name and address of the office granting the emergency authorization.(ii) Name and location of the licensed facility.(iii) A brief description of the wastes involved.(iv) A brief description of the action authorized and the reasons for authorizing it.(v) Duration of the emergency operating license.(d) It shall incorporate, to the extent possible and not inconsistent with the emergency situation, all applicable requirements of this part and part 6. An emergency operating license shall not be subject to the licensee fees specified by R 299.9510. The licensee shall pay for the cost of all public notices required by these rules for the emergency operating license.(4) The director may issue a temporary operating license to any person who proposes to utilize, for research purposes, an innovative and experimental hazardous waste treatment technology or process for which standards have not been promulgated under these rules. Such licensed activities shall be exempt from the requirements of part 111 of the act and these rules for new facilities or the expansion, enlargement, or alteration of existing facilities, and, for the purpose of expediting the review and issuance of operating licenses under this subrule, the director may, consistent with the protection of human health and the environment, modify or waive the license application requirements of R 299.9508, except that the director shall not waive rules regarding financial responsibility, including insurance, or waive the public participation process specified in R 299.9511. A temporary operating license issued by the director under this subrule shall be in compliance with all of the following provisions: (a) Provide for the construction of facilities, as necessary, and for the operation of the facilities for not more than 1 year, unless renewed, except that any operating license issued under this subrule shall not be renewed more than 3 times and each renewal shall be for a period of not more than 1 year.(b) Provide for the receipt and treatment by the facility of only those types and quantities of hazardous waste which the director determines necessary for purposes of determining the efficacy and performance capabilities of the technology or process and the effects of such technology or process on human health and the environment.(c) Require compliance with the requirements of part 6 of these rules for any hazardous waste storage, and include such other requirements as the director deems necessary to protect human health and the environment, such as requirements regarding any of the following: (iii) Insurance or bonding.(iv) Financial responsibility.(d) Include such requirements as the director deems necessary regarding testing and the providing of information to the director with respect to the operation of the facility.(5) A temporary operating license issued under subrule (3) or (4) of this rule may be terminated by the director at any time if he or she determines that termination is necessary to protect human health or the environment.Mich. Admin. Code R. 299.9501
1985 AACS; 1988 AACS; 1989 AACS; 1991 AACS; 1996 AACS; 2000 AACS; 2013 AACS