Wastewater Collection and Treatment Facilities Construction Permit

Agency: Environment, Great Lakes, and Energy

The Water Resources Division (WRD), within the Department of Environment, Great Lakes, and Energy (EGLE), has the responsibility for reviewing applications and issuing permits for municipal wastewater collection and treatment facility construction on behalf of the director of the EGLE, under the authority of Part 41 of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended (Act 451). The purpose of this permit is to assure that minimum design standards are met for the construction of wastewater collection and treatment facilities, provide effective wastewater treatment at public treatment facilities, to protect the public health, and prevent unlawful pollution.

A. NAME OF PERMIT OR APPROVAL:

Wastewater Facilities Construction Permit or Part 41 Construction Permit

B. STATUTORY AUTHORITY:

Part 41, Sewerage Systems, Natural Resources and Environmental Protection Act, Public Act 451 of 1994, as amended

C. APPLICABLE REGULATION:

Michigan Administrative Code, Wastewater Construction General Rules

Part 3, Sewerage System Plans and Specifications (R 299.2931 - 299.2945)

D.  SUMMARY OF PERMIT/APPROVAL PROCESS:

1.  Applicability (activities that require the permit)

Construction or modification of public sewers, pumping stations (also called lift stations), force mains, and treatment plants. Public systems include any wastewater infrastructure serving more than one owner, including privately-owned systems that serve multiple owners.

2.  Pre-Application Requirements
  • Before submission of plans and specifications for complicated projects (major sewer extensions, pumping stations and force mains, and treatment systems) an engineering report or basis of design, or both, shall be submitted to the WRD for review and approval. For simple sewer and pumping station projects a basis of design may be submitted with the plans and specifications.
  • The facilities must be designed by an engineer licensed in Michigan. Plans and specifications shall be properly sealed by an engineer licensed in Michigan.
  • The facilities shall be designed and constructed such that wastewater discharges and solid waste management (biosolids) will be in compliance with criteria and limitations established by the WRD. Any nuisance odor emissions are addressed by the Air Quality Division, WRD or both.
  • Regulations of other EGLE programs may apply to permit issuance, including drinking water supply, soil erosion, wetlands, floodplains, storm water, water withdrawal, and dam safety requirements.
  • An applicant must submit plans and specifications and obtain a construction permit before commencing construction of any public wastewater system or an alteration, addition or improvement to a public system.
  • If construction is not initiated within two years after date of original permit, applicant must reapply for a new permit.
3.  Application Submission Requirements

Submit a completed permit application, basis of design, and detailed plans and specifications prepared and sealed by a professional engineer licensed in Michigan . Submittals are to be by or under authority of the owner seeking permit issuance. Applications shall be submitted in MiWaters. Instructions for this may be found at https://www.michigan.gov/egle/0,9429,7-135-3313_71618_44117---,00.html.

4.  Procedures and Time-Frame for Obtaining Permit or Approval
  • A district engineer reviews the application and project documents and provides comments on any deficiencies or concerns to the owner and engineer. When the review is complete, comments and/or deficiencies are addressed, and the design is determined approvable, a permit will be issued from the district office.
  • Section 324.1305 of Part 13 (Act 451) prescribes a 30 day time limit for EGLE's determination of administratively complete applications, and section 324.1307 of Part 13 prescribes processing time limits (normally 150 days) for Part 41 permit issuance.
  • Actual review times vary depending on size and complexity of the project (program goals are up to 45 days for review of simple sewer projects and 3 months for complicated designs of sewers, pumping stations, and treatment system projects). Plan revisions and additional review time may be required for the applicant or their consultant to respond to information requests or if significant deficiencies are noted during the review.
5.  Operational Requirements

Applicant must comply with all applicable rules and regulations, conditions of the NPDES discharge permit or groundwater discharge permit, and any stipulations set forth in the Part 41 permit.

6.  Fees

None for routine.  Varies for expedited reviews.

7.  Appeal Process

Appeal to the State Office of Administrative Hearings and Rules

8.  Public Input Opportunities

The decision makers for this approval process are the Senior Engineers and District Supervisors in the WRD district offices; in situations where there is no Senior Engineer in the district office, the District Supervisor issues the permit. Part 41 permits will not be issued unless the discharge from the project is regulated under a discharge permit, either an NPDES permit or a state groundwater permit. When the discharge from the proposed facility or collection system goes to surface waters of the state, then an NPDES permit is required from WRD. This NPDES permit process has a formal and extensive public input process (see Chapter 5.2.1). For facilities and collection systems that discharge to groundwater, the public input process will be tied to either a state groundwater discharge permit (see Chapter 5.2.2) or a permit from the local health department. Extensive public input process can also be associated with the funding source for the project. For example, there is an extensive public input process as related to both State Revolving Fund and Economic Development Corporation funded projects.

E.  ADMINISTERING AGENCY:

EGLE, Water Resources Division, Field Operations Section, Appropriate Water Resources Division District Office

Revision Date: July 2019