Hazardous Waste Management Facility Operating License

The Materials Management Division within the Michigan Department of Environment, Great Lakes, and Energy (EGLE) has responsibility for issuing hazardous waste treatment, storage, and disposal facility (TSDF) operating licenses under the authority of Part 111 of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended (NREPA). The purpose of this license is to protect public health and the environment.

NAME OF LICENSE OR APPROVAL: Hazardous Waste Treatment, Storage, or Disposal Facility Operating License.

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

APPLICABLE REGULATION: Part 111, Section 11123 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 Treatment, Storage, or Disposal Facility (TSDF) or expanding, altering, or enlarging a hazardous waste TSDF in Michigan, a person must have a hazardous waste management operating license. This license does not apply to the following:

  • A hazardous waste generator that is meeting the regulations applicable to their site's hazardous waste generator category including accumulation requirements and other operations as identified in administrative rule R 299.9503(1)
  • Persons engaged in treatment or containment activities during response activity (R299.9503(2))
  • Persons engaged in activities that are deemed to have an operating license (R 299.9503(3))
  • Persons exempt by the director for conducting certain activities (R 299.9503(4))

Pre-Application Requirements: Specific design, performance, and construction quality assurance requirements must be met for licensing. The applicant must manage its hazardous waste in compliance with Part 111 and its administrative rules.

Application Submission Requirements*: Requirements for new, expanded, altered, or enlarged facilities are found in R 299.95.04 and include, but is not limited to, the following items:

  • Application Form for Construction Permits and Operating Licenses, EGLE Form EQP5111
  • Detailed engineering design plans and specifications
  • A hydrogeological report
  • Environmental assessment
  • Disclosure statement
  • Public notice
  • Closure plan
  • Waste analysis plan
  • Inspection schedule
  • Contingency plan
  • Environmental monitoring plan
  • Application fee

Requirements for existing facilities are found in Section 324.11123(6) 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 with a certification of capability (facility is capable of managing hazardous waste in the manner outlined in the application)  
  • A hydrogeological report
  • Environmental assessment
  • Public notice
  • Closure plan  
  • Waste analysis plan
  • Inspection schedule
  • Contingency plan  
  • Environmental monitoring plan
  • Information pertaining to personnel training, chemical and physical analyses, preparedness and prevention, and certain air emissions
  • Application fee

Procedures and Time-Frame for Obtaining License:

  • If required, an applicant conducts pre-application public meeting (R299.9511)
  • Applicant submits application to WMRPD, Hazardous Waste Section
  • The Materials Management Division reviews applications for administrative completeness and technical accuracy, and where necessary, conducts a site inspection. If aqequate, the Materials Management Division makes a final decision on the operating license within 140 days of receipt of the application. 

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

Fees: Range from $500 for an existing facility to up to $1,000 depending on the type and size of the facility. 

Appeal Process: Administrative appeal pursuant to the Administrative Procedure Act, 1969 PA 306, as amended, for existing facilites and circuit court for new, expanded, altered, or enlarged facilities.

Public Input Opportunities: Formal procedures are established for public participation in the operating license process. For initial operating license applications and renewal applications that propose significant changes in facility operations, 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 their intent to submit an application, and 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 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