NPDES (Non-Storm Water) Permit

Agency: Environment, Great Lakes, and Energy

The Water Resources Division (WRD), within the Department of Environment, Great Lakes, and Energy (EGLE), has responsibility for processing NPDES permits under the authority of the Federal Water Pollution Control Act and Part 31 of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended. The purpose of this permit is to control the discharge of pollutants into surface waters of the state to protect the environment.

A. NAME OF PERMIT OR APPROVAL:

National Pollutant Discharge Elimination System (NPDES) Permit

B. STATUTORY AUTHORITY:

C. APPLICABLE REGULATION:

D. SUMMARY OF PERMIT/APPROVAL PROCESS:

1.  Applicability (activities that require the permit)  

Any discharge of waste, waste effluent, and certain categories of storm water runoff into the surface waters of Michigan.

2.  Pre-Application Requirements  

Re-Issuance Applications   

Review current NPDES permit and confirm that:

  • All required monitoring and reporting have been completed
  • Determine if there are any changes proposed for the facility which will impact the currently *authorized discharge volume and/or quality.

First-Time Applications   

First time applicants should utilize the services of a consultant experienced in the preparation of NPDES applications and/or schedule a pre-submittal meeting with the Water Resources Division Permits section.

3.  Application Submission Requirements   

NPDES applications are accessed and submitted through the EGLE’s MiWaters system.  Information concerning fee payment is provided within each application.

The correct choice of NPDES application depends first upon type of facility, and second upon whether or not the applicant is applying for reissuance of an existing NPDES permit for that facility.  This is discussed in detail by facility type, below.

Treatment Works Treating Domestic Sewage
Treatment Works Treating Domestic Sewage (TWTDS) include Publicly Owned Treatment Works (POTWs), and sanitary wastewater treatment facilities operating at manufactured housing communities, campgrounds, condominiums, hotels/motels, nursing homes, etc., where the wastewater is consistent with typical residential wastes.

Applicants requesting authorization to discharge from a TWTDS must complete one of two applications depending upon whether or not they already have an NPDES permit for the facility in question:

  • National Pollutant Discharge Elimination System (NPDES) Municipal Application Form.  This form is appropriate for TWTDS that do not already have an NPDES permit for the facility in question.
  • National Pollutant Discharge Elimination System (NPDES) Municipal Application Form (Reissuance).  This form is appropriate for TWTDS that do already have an NPDES permit for the facility in question. 

Industrial / Commercial Facilities
Applicants requesting authorization to discharge treated industrial/commercial wastewater must complete one of two applications depending upon whether or not they already have an NPDES permit for the facility in question:

  • National Pollutant Discharge Elimination System (NPDES) Industrial/Commercial Application Form.  This form is appropriate for industrial/commercial facilities that do not already have an NPDES permit for the facility in question.
  • National Pollutant Discharge Elimination System (NPDES) Industrial/Commercial Application Form (Reissuance).  This form is appropriate for industrial/commercial facilities that do already have an NPDES permit for the facility in question.

Concentrated Animal Feeding Operation Facilities
Applicants requesting authorization to discharge wastewater from a Concentrated Animal Feeding Operation (CAFO) facility must complete one of two applications depending upon whether or not they already have an NPDES permit for the facility in question:

  • National Pollutant Discharge Elimination System (NPDES) Concentrated Animal Feed Operation Application Form (CAFO).  This form is appropriate for CAFO facilities that do not already have an NPDES permit for the facility in question.
  • National Pollutant Discharge Elimination System (NPDES) Concentrated Animal Feed Operation Application Form (CAFO) (Reissuance).  This form is appropriate for CAFO facilities that do already have an NPDES permit for the facility in question.
4.  Procedures and Time-Frame for Obtaining Permit or Approval  
  • EGLE has application processing time-frames specified in statute. EGLE has 30 days to determine if an application for a new/increased use is complete or request additional information from the applicant.
  • Within 180 days of determining that an application for a new/increased use is complete EGLE must either deny the application or issue an NPDES permit. Included in the 180 day time-frame is a 30 day public notice period allowing for public comment and input on the proposed permit and the anti-degradation demonstration. Based on significant public interest or a formal request, EGLE may schedule a public hearing on the draft permit. Notification of a public hearing must be made 30 days prior to the hearing date. Comments received during the public notice and/or the public hearing may result in changes to the proposed permit.
  • EGLE has 90 days to determine if a re-issuance application is complete or request additional information from the applicant.
  • EGLE processes applications for re-issuance of NPDES permits on a watershed basis. This allows EGLE to review and consider the cumulative effects of all the permitted discharges to a specific receiving water body. The permittee must submit a complete application for re-issuance by the date specified in their NPDES Permit.
  • The public notice and public hearing requirements apply to applications submitted for re-issuance.
  • Based on a review of an application, EGLE may determine that the proposed discharge can be authorized using one of Michigan's NPDES General Permits. EGLE currently utilizes the following general permits:
    • Wastewater From Clean-up of Water Contaminated by Gasoline and Related Petroleum Products.
    • Non-Contact Cooling Water
    • Sand and Gravel Mining Wastewater
    • Secondary Treatment Wastewater
    • Wastewater Stabilization Lagoon Effluent
    • Wastewater from Municipal Potable Water Supply
    • Hydrostatic Pressure Test Water
    • Land Application of Biosolids   
    • Concentrated Animal feeding Operations
    • Public Swimming Pool Wastewater
  • Applications are reviewed and, if administratively complete and the proposed discharge meets the criteria for coverage under a general permit, staff will contact the applicant and explain that the proposed discharge can be authorized under a General permit. The applicant will be requested to agree to coverage under the General Permit.
  • Following the applicant's agreeing to accept coverage under the general permit, staff will proceed to process a Certificate of Coverage (COC). The time expected to issue a COC will normally be significantly shorter than the time-frame to issue an individual permit.
5.  Operational Requirements   
  • Applicant must comply with all applicable rules and regulations and requirements set forth in the permit.
  • To remain in compliance with an NPDES permit, a permit holder must meet specified effluent limitations, fulfill monitoring and reporting requirements, and meet all other conditions of the permit.
6.  Fees  

Permit Application & One Time Fees   

  • EPA major facility, individual permit: $750.00
  • EPA minor facility individual permit, CSO permit or wastewater stabilization lagoon individual permit: $400.00
  • EPA minor facility, general permit: $75.00
  • Notice of Coverage, Construction Storm Water: $400.00

Annual Permit Fees   

EPA Major Facility Fees   

  • Industrial-Commercial facilities: $8,700.00
  • Municipal 500 MGD or greater: $213,000.00
  • Municipal 50 MGD to less than 500 MGD: $20,000.00
  • Municipal 10 MGD to less than 50 MGD: $13,000.00
  • Municipal less than 10 MGD: $5,500.00

EPA Minor Facility Fees   

  • Industrial-Commercial General Permit, high-flow: $400.00
  • Industrial-Commercial General Permit, low-flow: $150.00
  • Industrial-Commercial Individual Permit, high-flow: $3,650.00
  • Industrial-Commercial Individual Permit, low-flow: $1,650.00
  • Municipal, 10 MGD or greater: $3,775.00
  • Municipal, 1 MGD to less than 10 MGD: $3,000.00
  • Municipal, less than 1 MGD: $1,950.00
  • Municipal, General Permit, high-flow: $600.00
  • Municipal, General Permit, low-flow: $400.00
  • Municipal CSO: $6,000.00
  • Wastewater Stabilization Lagoon: $1,525.00

Agricultural Purpose Fees   

  • Individual or General Permits: $600.00

Unless the facility is an: EPA Major Facility (excluding Farmers' Cooperative Corporations): $8,700.00 Or an EPA Minor Facility (must qualify for a low-flow general permit): $150.00

7.  Appeal Process   

Any person to whom the permit is not acceptable may file a sworn petition through the Administrative Hearings process and Rules of the Michigan Department of Licensing and Regulatory Affairs, setting forth the conditions of the permit which are being challenged and specifying the grounds for the challenge. The Department may grant a contested case hearing based on those challenges in accordance with the Michigan Act 451, Public Acts of 1994, as amended. The Department may also grant a contested case hearing on a COC issued under a general permit in accordance with Rule 323.2192(c) of the Michigan Administrative Code.

8.  Public Input Opportunities   

Individual permits are public noticed for a minimum 30-day public comment period and COCs for 14 days on the EGLE website under the National Pollutant Discharge Elimination System (NPDES) permit program. The draft permits or COCs may be obtained via the internet: (https://miwaters.deq.state.mi.us/miwaters/#/external/home - click on ‘Public Notice Search'). A public hearing may be held upon request and if determined appropriate by EGLE.   

E. ADMINISTERING AGENCY:

EGLE, Water Resources Division, P.O. Box 30458, Lansing, Michigan  48909-7958

Revision Date: July 2019