Solid Waste Disposal Facility Construction Permit

The Materials Management Division within the Michigan Department of Environment, Great Lakes, and Energy (EGLE) has responsibility for reviewing solid waste disposal construction permit applications under the authority of Part 115 of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended. The purpose of this permit is to regulate the operation and maintenance of solid waste disposal areas to protect public health, welfare, and the environment.

NAME OF PERMIT OR APPROVAL: Solid Waste Disposal Area Construction Permit

STATUTORY AUTHORITYPart 115, Solid Waste Management, Natural Resources and Environmental Protection Act, Public Act 451 of 1994, as amended

APPLICABLE REGULATIONS: Part 115, Sections 11509 and the Part 115 Rules R 299.4101 - R 299.4922.

SUMMARY OF PERMIT APPROVAL PROCESS:

Applicability (activities that require the permit): Construction of a solid waste or coal ash disposal area (landfill, processing plant, transfer facility, etc.) requires a construction permit.

Certain disposal areas or activities are exempt from the permitting requirement as follows:

  • Transfer facilities that are not designed to accept waste from vehicles with mechanical compaction devices or that receive less than 200 non-compacted cubic yards of waste per day, as provided in Section 11529(1).
  • Municipal solid waste incinerators that are permitted under Part 55 of Act 451, as provided in Section 11529(3).
  • Low-hazard waste piles, construction and demolition waste piles, and contained waste piles, as provided in R 299.4129 and R 299.4130.
  • Activities that do not constitute solid waste processing, as provided in R 299.4104(r).
  • Composting and other management of yard clippings as provided in Section 11521.
  • Beneficial use materials as defined under Section 11502 when managed as provided under Sections 11551-11553.

Pre-Application Requirements: A facility must be included in the approved solid waste management plan for the county in which the facility is located. (Exempt transfer facilities and incinerators must also be included in the approved solid waste management plan). Before the submission of a construction permit application for a new disposal area, the applicant must request that the MMD, or in Wayne County, the Wayne County Department of Public Services, Land Resource Management Division, provide an advisory analysis of the proposed disposal area.

Application Submission Requirements

  • Name and residence of the applicant
  • Location of the proposed disposal area
  • The design capacity of the disposal area
  • Other information specified by rule, including but not limited to engineering plans and monitoring plans

Procedures and Time-Frame for Obtaining Permit: Applicant submits application (EQP 5506) to the Materials Management Division District Office or, in Wayne County, to the Wayne County Department of Public Services, Land Resource Management Division. The application fee must be submitted directly to the EGLE Cashier per the instructions on the application form. The applicant must be notified within 30 days of any items necessary to make the application administratively complete, and if the application is determined to be administratively incomplete, it is not processed further until after the applicant submits the required information. A final decision must be made on the application within 120 days after the application has been determined to be administratively complete, or the permit is automatically approved.

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

Fees:

  • For a Type II landfill: ranging from $750 to $1,500
  • For a Type III landfill: ranging from $250 to $1,000
  • For a solid waste transfer facility, a solid waste processing plant, or other disposal area: $250 to $1,000

Appeal Process: No administrative appeal process is available for a denial of a construction permit application. Therefore, an appeal would be directed to the Circuit Court.

Public Input Opportunities: When a facility requests a permit, public notification is sent to the local newspaper with major circulation in the area. Notice is also sent to the clerk of the municipality where the site is located. The local unit of government or the facility can request a public hearing. In addition, the public can request a public hearing through submittal of a petition to the EGLE. When a public hearing is scheduled, it is noticed in the Environmental Calendar. EGLE accepts comments at the hearing and during the public comment period, which is the best timing for public input.

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

Wayne County Department of Public Services, Land Resource Management Division, 3600 Commerce Court, Building E, Wayne, Michigan 48184-2803.

Materials Management District Offices.

Revision Date:
July 2019