The Michigan Department of Environment, Great Lakes, and Energy (EGLE) issues Certificates of Coverage (COC) under Michigan's Ballast Water Control General Permit MIG140000. The COC's are issued to owners and/or operators of oceangoing vessels for both port operations and ballast water discharges in Michigan.
A. NAME OF PERMIT OR APPROVAL:
Ballast Water Control General Permit for Port Operations and Ballast Water Discharges
B. STATUTORY AUTHORITY:
C. APPLICABLE REGULATION:
D. SUMMARY OF PERMIT/APPROVAL PROCESS:
The applicability of this permit shall be limited to oceangoing vessels that: a) engage in port operations in Michigan and do not discharge ballast water into the waters of the state; b) discharge ballast water treated by one or more of the ballast water treatment methods determined by EGLE to be environmentally sound and effective in preventing the discharge of aquatic nuisance species; or c) have not otherwise been determined by EGLE to need an individual permit.
There are no pre-application requirements. Applicants generally do not hire a consultant or shipping agent for assistance with the permit application process, but it may be appropriate in some cases.
The application for permit coverage shall be filled out completely and signed by the applicant or owner of the vessel. If the applicant is not the owner, the vessel operator shall provide written documentation from the owner authorizing the operator to sign the application. The application and appropriate permit application fee shall be submitted to EGLE as instructed in the application.
The permittee shall submit a Port Operations Notification Report to EGLE 24 hours prior to a port operation in Michigan. If treated ballast water is discharged, the applicable reporting requirements contained in general permit MIG140000 shall be submitted to EGLE within 24 hours following a port departure or ballast discharge.
The current application fee for coverage under the Ballast Water Control General permit is $75. The current permit annual fee is $150 and is billed in December of each year the permit remains in effect.
The Ballast Water Control General Permit was issued January 31, 2017 and expires January 1, 2022. EGLE may grant a contested case hearing on any reissuance of the Ballast Water Control General Permit in accordance with the Michigan Act 451, Public Acts of 1994, as amended. Any person who is aggrieved by the permit may file a sworn petition with the State Office of Administrative Hearings and Rules of the Michigan Department of Licensing and Regulatory Affairs (LARA), setting forth the conditions of the permit which are being challenged and specifying the grounds for the challenge. LARA may reject any petition filed more than 60 days after issuance as being untimely. EGLE may also grant a contested case hearing on the COC issued to an individual vessel operator under this general permit in accordance with Rule 323.2192(c) of the Michigan Administrative Code.
General permits are public noticed on the EGLE website under the National Pollutant Discharge Elimination System (NPDES) permit program and include a minimum 30-day public comment period. The draft permits may be obtained via the internet: (https://miwaters.deq.state.mi.us/miwaters/#/external/home - click on ‘Public Notice Search')
F. ADMINISTERING AGENCY:
EGLE Water Resources Division, P.O. Box 30458, Lansing, Michigan 48909