Administrative Rules for
PART 111 HAZARDOUS WASTE MANAGEMENT
of the Natural Resources and Environmental Protection Act 1994 PA 451, as amended

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R 299.9516 Construction permit and operating license duration and effect.

Rule 516. 

(1)  A construction permit is valid for 3 years from the date of issuance.  The permit remains valid for a period of not more than 10 years if construction is initiated within the 3-year period and proceeds in a continuous manner.

(2)  Extensions of a construction permit may be granted by the director if unexpected construction delays occur beyond the control of the permittee.

(3)  An operating license shall be effective for a fixed term of not more than 10 years. Each operating license for a land disposal facility shall be reviewed by the director 5 years after the date of license issuance or reissuance and shall be modified as necessary in accordance with the provisions of R 299.9519 and R 299.9520.  The term of an operating license shall not be extended by modification beyond the maximum duration specified in this subrule.

(4)  The director may issue any operating license for a duration that is less than the full allowable term under this rule.

(5)  A construction permit or operating license may be modified or revoked during its term for cause as set forth in R 299.9519.

(6)  The issuance of a construction permit or operating license does not relieve the owner or operator of his or her duty to comply with the statutory or regulatory requirements applicable to the facility that were enacted or promulgated after the permit or license was issued.

(7)  The issuance of a construction permit or operating license does not convey any property rights of any sort or any exclusive privilege.

(8)  The issuance of a construction permit or operating license does not authorize any injury to persons or property or invasion of other private rights or any infringement of other state or local law or regulations, except as otherwise specified in section 21 of part 111 of the act.

 

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