Michigan Administrative Code
Department - Environmental Quality
Water Resources Division
Aquatic Nuisance Control
Section R. 323.3106 - Permit conditions
Universal Citation: MI Admin Code R. 323.3106
Current through Vol. 24-04, March 15, 2024
Rule 6.
(1) As a condition of a permit, the department may require the permittee to do any of the following:
(a) Notify the department not
less than 2 working days in advance of chemical treatment.
(b) Proceed with chemical treatment only if a
department representative is present.
(c) Allow the department or its
representative to collect a sample of the chemical or chemicals used before or
during any chemical treatment.
(d)
Post the area or areas of impact before chemical treatment. All of the
following posting requirements apply:
(i)
Signs shall be of a brilliant color and made of durable material. Minimum sign
dimensions shall be 14 inches by 11 inches and shall be attached to a
supporting device with the bottom of the sign extending not less than 12 inches
above the ground surface.
(ii)
Posting signs shall be placed in the following locations unless the department
determines that the locations are impractical or infeasible based upon a
written request from an applicant which includes an explanation of the
necessity for alternative posting locations and a description of the proposed
posting locations:
(A) For an area or areas
of impact that total less than 2 acres, signs shall be placed along the
shoreline of the areas of impact not more than 100 feet apart. Riparian lands
adjacent to the area shall also be posted, if permitted by the riparian
owner.
(B) For an area of impact
that is greater than or equal to 2 acres, posting signs shall be posted as in
paragraph (ii)(A) of this subdivision. In addition, all access sites, boat
launching areas, and private and public parks located on the waterbody shall be
posted conspicuously, such as at the entrances, boat ramps, and bulletin
boards, if permitted by their managers or owners. If the access sites,
launching areas, and parks are not to be treated or are not adjacent to the
areas of impact, then the signs shall clearly indicate the location of the
areas of impact and shall contain the other information specified in paragraph
(iii) of this subdivision.
(iii) At a minimum, posting signs shall
include all of the following information:
(A)
The permit number.
(B) The name of
the waterbody.
(C) The date of
treatment.
(D) The name, address,
and telephone number of the person conducting the treatment.
(E) The name of the chemical or chemicals
used and the restrictions on the use of treated water pursuant to the
permit.
(F) The expiration date of
water use restrictions for each chemical used during treatment.
(G) The phrase "do not remove posting signs
or maps until all water use restrictions have expired."
(e) Publish a notice in a local
newspaper or make an announcement on a local radio station regarding the
chemical treatment. The notice or announcement shall include all of the
following information:
(i) The permit
number.
(ii) The name of the
waterbody.
(iii) A list of the
chemicals to be used with corresponding water use restrictions.
(iv) A description of the areas of
impact.
(v) The proposed treatment
dates.
(f) Apply
chemicals so that swimming restrictions and fish-consumption restrictions are
not imposed on any Saturday, Sunday, or state-declared holiday.
(g) Take special precautions to avoid or
minimize potential impacts to human health, the environment, and nontarget
organisms.
(h) Notify, in writing,
an owner of any waterfront property within 100 feet of the area of impact, not
less than 7 days, and not more than 45 days, before the initial chemical
treatment. Written notification shall include all of the following information:
(i) Name, address, and telephone number of
the permittee.
(ii) A list of
chemicals proposed for use with corresponding water use restrictions.
(iii) All approximate treatment dates per
chemical. If the owner is not the occupant of the waterfront property or the
dwelling located on the property, then the owner is responsible for notifying
the occupant.
(i)
Complete and return the treatment report form provided by the department for
each treatment season.
(j) Perform
lake water residue analysis to verify the chemical concentrations in the
waterbody according to a frequency, timing, and methodology approved by the
department.
(k) Perform aquatic
vegetation surveys according to a frequency, timing, and methodology that has
been approved by the department prior to submittal of a permit
application.
(l) Use chemical
control methods for nuisance aquatic vegetation that are consistent with the
approved vegetation management plan submitted separately or as part of a lake
management plan. The department may approve modifications to the vegetation
management plan upon receipt of a written request from the permittee that
includes supporting documentation.
(m) Perform pretreatment monitoring of the
target plant population according to a frequency, timing, and methodology that
has been approved by the department prior to submittal of a permit
application.
Disclaimer: These regulations may not be the most recent version. Michigan may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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