Section 324.11119 - Duties of department upon receipt of construction permit application; referral of application to site review board; notice of intent to deny application; providing board with docum
NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT (EXCERPT)
Act 451 of 1994
324.11119 Duties of department upon receipt of construction permit application; referral of application to site review board; notice of intent to deny application; providing board with documents; submission of application to board; public participation process; review of comments; referral or denial of application; procedure.
Sec. 11119.
(1) Upon receipt of a construction permit application that complies with the requirements of section 11118, the department shall:
(a) Immediately notify the permanent board members and the municipality and county in which the treatment, storage, or disposal facility is located or proposed to be located; a local soil erosion and sedimentation control agency appointed pursuant to part 91; each division within the department that has responsibility in land, air, or water management; a regional planning agency established by executive directive of the governor; and other appropriate agencies. The notice shall describe the procedure by which the permit may be approved or denied.
(b) Review the plans of the proposed treatment, storage, or disposal facility to determine if the proposed operation complies with this part and the rules promulgated under this part. The review shall be made within the department. The review shall include, but need not be limited to, a review of air quality, water quality, waste management, hydrogeology, and the applicant's disclosure statement. A written and signed review by each person within the department reviewing the permit and plans shall be received and recorded before a construction permit is referred to the site review board or is denied by the department. If the site review, plan review, and the application meet the requirements of this part and the rules promulgated under this part, the department shall refer the application to the site review board for review. An expansion of a treatment, storage, or disposal facility beyond the original authorized design capacity or beyond the area specified in the original permit, license, or other authorization or an alteration of the method of hazardous waste treatment or disposal constitutes a new proposal for which a new construction permit is required.
(c) Coordinate and review all permits that the applicant is required to obtain from the department in order to construct the proposed treatment, storage, or disposal facility.
(d) Hold a public hearing within 60 days after receipt of a complete construction permit application.
(2) The department shall refer an application to the site review board or shall notify the applicant of the intent to deny the construction permit application within 120 days after the department receives an application meeting the requirements of section 11118.
(3) If the department refers an application to the site review board, prior to the first board meeting the department shall provide each board member with a copy of the application, a staff report including a summary of public comments, a responsiveness summary, and a draft construction permit.
(4) If the department does not refer an application to the site review board or does not notify the applicant of the intent to deny the construction permit application within 120 days, the construction permit application shall be submitted to the board for action.
(5) If the department intends to deny the application, the department shall commence a public participation process that is equivalent to that required by the applicable provisions of the solid waste disposal act or regulations promulgated under that act. Upon completion of the public participation process, the department shall review all the comments made during that process and shall refer the application to the site review board or deny the application. If the department refers the construction permit application to the board, the department shall proceed as described in section 11120.
History: 1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 1995, Act 61, Imd. Eff. May 24, 1995
Popular Name: Act 451
Popular Name: Hazardous Waste Act
Popular Name: NREPA