Michigan Administrative Code Department - Environmental Quality
1. Air Quality Enforcement Cases
Overview:
Michigan has rules under MAC related to air pollution control (e.g., R 336.1101 – R 336.1926). The DEQ/EGLE enforces these when facilities emit pollutants exceeding allowable limits.
Example Case Type:
Industrial facility violation for particulate matter:
A cement plant is found to exceed particulate matter limits in its emissions. EGLE investigates, inspects emissions control devices, and may issue a Notice of Violation (NOV).
Outcome:
Facility required to install upgraded filters or scrubbers
Monetary penalties imposed
Possible operational restrictions until compliance is verified
Significance: Ensures that industrial emissions do not harm public health or contribute to environmental degradation.
2. Water Pollution/NPDES Permit Violations
Overview:
Under the MAC, EGLE regulates wastewater discharges via National Pollutant Discharge Elimination System (NPDES) permits.
Example Case Type:
Municipal wastewater treatment plant exceeding biochemical oxygen demand (BOD) limits:
The city’s plant discharges water exceeding BOD levels. EGLE investigates and may require the city to upgrade treatment processes or reduce flow.
Outcome:
Compliance schedule is issued
Fines may be assessed per day of violation
Public notice and corrective action plan required
Significance: Protects rivers, lakes, and groundwater from contamination, safeguarding both ecosystems and drinking water sources.
3. Hazardous Waste Management Cases
Overview:
MAC rules (R 299.9101 – R 299.9750) govern handling, storage, and disposal of hazardous waste.
Example Case Type:
Improper storage of hazardous chemicals by a manufacturing facility:
A facility stores solvents in unapproved containers and without secondary containment. EGLE inspects and issues an enforcement action.
Outcome:
Immediate cleanup required
Hazardous waste management plan must be revised
Penalties assessed, potentially including criminal liability for gross negligence
Significance: Prevents soil and groundwater contamination and ensures hazardous waste is tracked and safely disposed.
4. Underground Storage Tank (UST) Violations
Overview:
MAC contains rules for USTs (R 299.9101 – R 299.9750), which store petroleum or chemicals underground. EGLE oversees installation, leak prevention, and cleanup.
Example Case Type:
Leaking fuel tank at a gas station:
Routine inspection reveals tank corrosion and leaks into surrounding soil.
Outcome:
Immediate tank removal and soil remediation required
Financial penalties for delayed compliance
Potential reimbursement through Michigan’s Leaking Underground Storage Tank Fund for cleanup
Significance: Protects groundwater, a key source of drinking water in Michigan, from contamination by petroleum products.
5. Wetlands and Inland Lakes/Rivers Protection
Overview:
MAC rules protect wetlands and shorelines under Part 303 (Wetlands Protection) and Part 301 (Inland Lakes and Streams).
Example Case Type:
Unauthorized wetland fill for construction:
A developer fills part of a wetland to build a parking lot without a permit. EGLE investigates after a complaint.
Outcome:
Stop-work order issued
Restoration of wetland required
Civil penalties imposed
Possible mitigation (creating or restoring wetlands elsewhere)
Significance: Preserves ecosystem services such as flood control, habitat for wildlife, and water quality.
Key Takeaways from These Cases
Preventive Regulation: MAC rules set clear standards to prevent environmental harm before it occurs.
Enforcement Tools: EGLE can issue fines, corrective orders, compliance schedules, or pursue litigation.
Public Protection: Most cases aim to protect public health, drinking water, and natural ecosystems.
Variety of Media: Cases cover air, water, soil, hazardous materials, wetlands, and underground tanks.
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