Michigan Laws 324.3309 – Permit; term; information to be included; authorization of chemical treatment; annual fees; additional conditions
Current as of: 2023 | Check for updates
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Terms Used In Michigan Laws 324.3309
- Aquatic nuisance: means an organism that lives or propagates, or both, within the aquatic environment and that impairs the use or enjoyment of the waters of the state, including the intermediate aquatic hosts for schistosomes that cause swimmer's itch. See Michigan Laws 324.3301
- Certificate of coverage: means written authorization from the department to implement a project under a general permit. See Michigan Laws 324.3301
- Department: means the department of environmental quality. See Michigan Laws 324.3301
(1) The term of a certificate of coverage shall not be less than 3 years unless the applicant requests a shorter term.
(2) A permit under this part shall, at a minimum, include all of the following information:
(a) The active ingredient or the trade name of each chemical to be applied.
(b) The application rate of each chemical.
(c) The maximum amount of each chemical to be applied per treatment.
(d) Minimum length of time between treatments for each chemical.
(e) A map or maps that clearly delineate the approved area of impact.
(f) The term of the permit. The term shall not be less than 3 years unless the applicant requests a shorter term.
(3) A permit under this part shall authorize chemical treatment in each year covered by the permit. This subsection does not apply to a chemical if the chemical’s annual use is restricted in rules that were in effect on the effective date of the amendatory act that added this subsection.
(4) By April 1 of the second and each subsequent year of a permit, the permittee shall pay the department an annual fee. The annual fee shall equal the permit application fee paid for that specific permit under section 3306 including, for annual fees due after the initial treatment of an expanded area of impact under section 3311(3), the additional fee under section 3311(3)(e). If an annual fee is not received by the department by April 1, the permit is suspended until the annual fee is paid. When the application fee for a permit is paid, an applicant may choose to also pay in advance all the annual fees that will become due under this subsection if the permit is granted for the term requested by the applicant. If the application is denied or is granted for a shorter period than the applicant requested, the department shall refund the overpayment of annual fees.
(5) The department may impose additional conditions on a permit under this part to protect the natural resources or the public health, to prevent economic loss or impairment of recreational uses, to protect nontarget organisms, or to help ensure control of the aquatic nuisance.