Mich. Admin. Code R. 299.9516

Current through Vol. 24-10, June 15, 2024

Section R. 299.9516 - Operating licenses; duration and effect

Rule 516.

(1) An operating license for a new facility or the expansion, enlargement, or alteration of an existing facility is valid for 3 years from the date of issuance. The license 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 an operating license for a new facility or the expansion, enlargement, or alteration of an existing facility may be granted by the director if unexpected construction delays occur beyond the control of the licensee.

(3) An operating license for an existing facility shall be effective for a fixed term of not more than 10 years. Each operating license for an existing 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 for an existing facility shall not be extended by modification beyond the maximum duration specified in this subrule.

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

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

(6) The issuance of an 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 license was issued.

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

(8) The issuance of an 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 sections 23 (5) and 25 (5) of part 111 of the act.

Mich. Admin. Code R. 299.9516

1985 AACS; 1988 AACS; 1996 AACS; 2013 AACS