NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT (EXCERPT)
Act 451 of 1994
324.3120 New, reissued, or modified permit fees; new or increased use permit; grant or denial of permit; failure to make decision within applicable time period; annual permit fees; definitions.
(1) Until October 1, 2023, an application for a new permit, a reissuance of a permit, or a modification of an existing permit under this part authorizing a discharge into surface water, other than a storm water discharge, shall be accompanied by an application fee as follows:
(a) For an EPA major facility permit, $750.00.
(b) For an EPA minor facility individual permit, a CSO permit, or a wastewater stabilization lagoon individual permit, $400.00.
(c) For an EPA minor facility general permit, $75.00.
(2) Within 180 days after receipt of a complete application for a new or increased use permit, the department shall either grant or deny the permit, unless the applicant and the department agree to extend this time period.
(3) By September 30 of the year following the submittal of a complete application for reissuance of a permit, the department shall either grant or deny the permit, unless the applicant and the department agree to extend this time period.
(4) If the department fails to make a decision on an application within the applicable time period under subsection (2) or (3), all of the following apply:
(a) The department shall return to the applicant the application fee submitted under subsection (1).
(b) The applicant is not subject to an application fee.
(c) The applicant shall receive a 15% annual discount on an annual permit fee required for a permit issued based on that application.
(5) Until October 1, 2023, a person who receives a permit under this part authorizing a discharge into surface water, other than a stormwater discharge, is subject to an annual permit fee as follows:
(a) For an industrial or commercial facility that is an EPA major facility, $8,700.00.
(b) For an industrial or commercial facility that is an EPA minor facility, the following amount:
(i) For a general permit for a low-flow facility, $150.00.
(ii) For a general permit for a high-flow facility, $400.00.
(iii) For an individual permit for a low-flow facility, $1,650.00.
(iv) For an individual permit for a high-flow facility, $3,650.00.
(c) For a municipal facility that is an EPA major facility, the following amount:
(i) For an individual permit for a facility discharging 500 MGD or more, $213,000.00.
(ii) For an individual permit for a facility discharging 50 MGD or more but less than 500 MGD, $20,000.00.
(iii) For an individual permit for a facility discharging 10 MGD or more but less than 50 MGD, $13,000.00.
(iv) For an individual permit for a facility discharging less than 10 MGD, $5,500.00.
(d) For a municipal facility that is an EPA minor facility, the following amount:
(i) For an individual permit for a facility discharging 10 MGD or more, $3,775.00.
(ii) For an individual permit for a facility discharging 1 MGD or more but less than 10 MGD, $3,000.00.
(iii) For an individual permit for a facility discharging less than 1 MGD, $1,950.00.
(iv) For a general permit for a high-flow facility, $600.00.
(v) For a general permit for a low-flow facility, $400.00.
(e) For a municipal facility that is a CSO facility, $6,000.00.
(f) For an individual permit for a wastewater stabilization lagoon, $1,525.00.
(g) For an individual or general permit for an agricultural purpose, $600.00, unless either of the following applies:
(i) The facility is an EPA minor facility and would qualify for a general permit for a low-flow facility, in which case the fee is $150.00.
(ii) The facility is an EPA major facility that is not a farmers’ cooperative corporation, in which case the fee is $8,700.00.
(h) For a facility that holds a permit issued under this part but has no discharge and is connected to and is authorized to discharge only to a municipal wastewater treatment system, an annual permit maintenance fee of $100.00. However, if a facility does have a discharge or at some time is no longer connected to a municipal wastewater treatment system, the annual permit fee shall be the appropriate fee as otherwise provided in this subsection.
(6) If the person required to pay an application fee under subsection (1) or an annual permit fee under subsection (5) is a municipality, the municipality may pass on the application fee or the annual permit fee, or both, to each user of the municipal facility.
(7) The department shall send invoices for annual permit fees under subsection (5) to all permit holders by December 1 of each year. A fee shall be based on the status of the facility as of October 1 of that year. A person subject to an annual permit fee shall pay the fee not later than January 15 of each year. Failure by the department to send a person an invoice by December 1, or failure of a person to receive an invoice, does not relieve that person of the obligation to pay the annual permit fee. If the department does not send invoices by December 1, the annual permit fee is due not later than 45 days after the permittee receives an invoice. The department shall forward annual permit fees received under this section to the state treasurer for deposit into the national pollutant discharge elimination system fund created in section 3121.
(8) The department shall assess a penalty on all annual permit fee payments submitted under this section after the due date. The penalty is 0.75% of the payment due for each month or portion of a month the payment remains past due.
(9) Following payment of an annual permit fee, if a permittee wishes to challenge its annual permit fee under this section, the owner or operator shall submit the challenge in writing to the department. The department shall not process the challenge unless it is received by the department by March 1 of the year the payment is due. A challenge shall identify the facility and state the grounds upon which the challenge is based. Within 30 calendar days after receipt of the challenge, the department shall determine the validity of the challenge and provide the permittee with notification of a revised annual permit fee and a refund, if appropriate, or a statement setting forth the reason or reasons why the annual permit fee was not revised. If the owner or operator of a facility desires to further challenge its annual permit fee, the owner or operator of the facility has an opportunity for a contested case hearing as provided for under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
(10) The attorney general may bring an action for the collection of the annual permit fee imposed under this section.
(11) As used in this section:
(a) “Agricultural purpose” means the agricultural production or processing of those plants and animals useful to human beings produced by agriculture and includes, but is not limited to, forages and sod crops, grains and feed crops, field crops, dairy animals and dairy products, poultry and poultry products, cervidae, livestock, including breeding and grazing, equine, fish and other aquacultural products, bees and bee products, berries, herbs, fruits, vegetables, flowers, seeds, grasses, nursery stock, trees and tree products, mushrooms, and other similar products, or any other product, as determined by the commission of agriculture and rural development, that incorporates the use of food, feed, fiber, or fur. Agricultural purpose includes an operation or facility that produces wine.
(b) “Combined sewer overflow” means a discharge from a combined sewer system that occurs when the flow capacity of the combined sewer system is exceeded at a point prior to the headworks of a publicly owned treatment works during wet weather conditions.
(c) “Combined sewer system” means a sewer designed and used to convey both storm water runoff and sanitary sewage, and that contains lawfully installed regulators and control devices that allow for delivery of sanitary flow to treatment during dry weather periods and divert storm water and sanitary sewage to surface waters during storm flow periods.
(d) “CSO facility” means a facility whose discharge is solely a combined sewer overflow.
(e) “EPA major facility” means a major facility as defined in 40 CFR 122.2.
(f) “EPA minor facility” means a facility that is not an EPA major facility.
(g) “Farmers’ cooperative corporation” means a farmers’ cooperative corporation organized within the limitations of section 98 of 1931 PA 327, MCL 450.98.
(h) “General permit” means a permit suitable for use at facilities meeting eligibility criteria as specified in the permit. With a general permit, the discharge from a specific facility is acknowledged through a certificate of coverage issued to the facility.
(i) “High-flow facility” means a facility that discharges 1 MGD or more.
(j) “Individual permit” means a permit developed for a particular facility, taking into account that facility’s specific characteristics.
(k) “Industrial or commercial facility” means a facility that is not a municipal facility.
(l) “Low-flow facility” means a facility that discharges less than 1 MGD.
(m) “MGD” means 1,000,000 gallons per day.
(n) “Municipal facility” means a facility that is designed to collect or treat sanitary wastewater, is either publicly or privately owned, and serves a residential area or a group of municipalities.
(o) “Wastewater stabilization lagoon” means a treatment system constructed of ponds or basins designed to receive, hold, and treat sanitary wastewater for a predetermined amount of time through a combination of physical, biological, and chemical processes.
History: Add. 2004, Act 91, Imd. Eff. Apr. 22, 2004
Am. 2009, Act 102, Imd. Eff. Sept. 30, 2009
Am. 2011, Act 90, Imd. Eff. July 15, 2011
Am. 2015, Act 82, Eff. Oct. 1, 2015
Am. 2019, Act 84, Imd. Eff. Sept. 30, 2019
Popular Name: Act 451
Popular Name: NREPA
© 2017 Legislative Council, State of Michigan