Hazardous Waste Limited Storage Facility Operating License

The Materials Management Division within the Michigan Department of Environment, Great Lakes, and Energy (EGLE) has responsibility for issuing hazardous waste limited storage facility operating licenses under the authority of the Natural Resources and Environmental Protection Act. The purpose of this permit is to protect public health and the environment.

NAME OF LICENSE OR APPROVAL: Hazardous Waste Limited Storage Facility Operating License.

STATUTORY AUTHORITYPart 111, Hazardous Waste Management, Natural Resources and Environmental Protection Act, Public Act 451 of 1994, as amended.

APPLICABLE REGULATION: Part 111, Section 1123 and the Part 111 Rules R 299.9101 - 299.11107.

SUMMARY OF LICENSE APPROVAL PROCESS:

Applicability (activities that require the permit): Prior to constructing and operating a hazardous waste limited storage facility in Michigan, a person must have a hazardous waste limited storage facility operating license. A limited storage facility means a storage facility that meets all the following conditions (Section 324.11103(7)):

  • Maximum storage capacity does not exceed 25,000 gallons of hazardous waste
  • Storage occurs only in tanks or containers
  • Stores not more than 200 containers onsite that have capacity of 55 gallons or less
  • Stores hazardous waste onsite for no more than 90 days
  • Receives no waste from a treatment, storage, or disposal facility

Pre-Application Requirements: Specific design, performance, and construction quality assurance requirements. Company must manage its hazardous waste in compliance with Part 111 and its administrative rules. 

Application Submission Requirements: May be found in Section 324.11122(2) and R 299.9508 and include, but is not limited to the following items:

  • Operating License Application Form for Hazardous Waste Treatment, Storage and Disposal Facilities, EGLE form number EQP5111 (Application Form and Instructions)
  • Detailed engineering design plans and specifications
  • A hydrogeological report
  • Environmental assessment
  • Public notice
  • Zoning determination
  • Proof of a secured trust fund or other financial instrument to cover the cost of closure and post-closure
  • Pollution liability insurance covering releases of hazardous waste
  • Application fee
  • Environmental monitoring program
  • Closure plan

Procedures and Time-Frame for Obtaining License: Applicant meets with the Materials Management Division to review the limited storage facility licensing process and receives EGLE staff administrative and technical advice on how to prepare an approvable application.

  • Applicant must conduct a pre-application public meeting, summarize the comments received at the public meeting, and show how the application was modified in response to any public comments received (R 299.9511).      
  • Applicant submits application to Materials Management Division.
  • Within 140 days of receipt of a complete limited storage facility operating license application, EGLE must conduct a site inspection and make a final decision on the operating license.

Operational Requirements: Licensee must comply with all applicable rules and regulations and stipulations set forth in the license.

Fees: $500.

Appeal Process: Administrative appeal pursuant to the Administrative Procedure Act, 1969 PA 306, as amended. 

  • Circuit Court

Public Input Opportunities: Formal procedures are established for public participation in the limited storage facility operating license process. The public is notified about the project before the application is submitted to EGLE. Through newspaper and radio advertising, the applicant notifies the public of the intent to submit an application. The applicant also conducts a pre-application informational meeting. Once the application is received by EGLE, a mailing list is developed to keep interested persons informed of significant actions during the licensing process. EGLE also uses newspaper and radio advertising and the Internet to keep the public informed and to announce public input opportunities. While public input is sought throughout the review process, a formal public participation process is initiated for the draft license approval or denial. EGLE conducts a public hearing and accepts written comments for at least 45 days. The final decision maker in this process is the Director of the Materials Management Division.

ADMINISTERING AGENCY: Materials Management Division, Michigan Department of Environment, Great Lakes, and Energy, 525 West Allegan Street, PO Box 30241, Lansing, MI 48909-7741.

  • Program Phone: 517-284-6838
  • Program Email: Nicole Florence, FlorenceN@Michigan.gov
  • Program Webpage: Michigan.gov/EgleWaste, then select "Hazardous Waste", then "Hazardous Waste and Liquid Industrial By-Product Management", then select "Hazardous Waste Program Forms and License Applications."
  • Environmental Assistance Center: 1-800-662-9278, e-mail: egle-assist@michigan.gov

 

‚ÄčRevision Date:
July 2019