The Oakland County George W. Kuhn Drain Drainage District filed a petition for a contested case hearing seeking to modify its recently approved National Pollution Discharge Elimination System (NPDES) permit. The permit, granted by the Michigan Department of Environment, Great Lakes and Energy (EGLE), authorizes the Oakland County’s George W. Kuhn Retention Treatment Basin (GWK RTB) to discharge combined stormwater and sanitary effluent.
The district maintains that certain provisions included in the permit exceed the statutory authority of EGLE, the regulating agency. The petition, filed by the drainage district, maintains that these provisions would require significant ratepayer-funded investments without clear evidence that the measures will improve water quality or protect public health.
“We fully support strong environmental protections and share EGLE’s commitment to safeguarding Michigan’s waters,” said Oakland County Water Resources Commissioner Jim Nash, drain board member.
“Our concern is making sure that new regulatory requirements are firmly based in law and supported by science, so that the costs borne by our residents and businesses provide real, measurable benefits.”
The GWK RTB has an excellent compliance record and is permitted to keep operating as designed. Despite decades of compliance, unprecedented provisions were added to the permit. Among the provisions placed on the permit are a dichlorination feasibility study, a study to evaluate building more grey infrastructure, the ability by EGLE to reopen the permit based on a flood control study, and requirements that may impede compliance with a regional operational plan developed by the Great Lakes Water Authority.
The petition was filed with the Michigan Office of Administrative Hearings and Rules.
A contested case hearing is a formal, quasi-judicial administrative hearing held by a state agency to resolve a dispute. Filing the petition begins a formal administrative review process, allowing for additional discussion and clarification of the permit provisions. The petition is not intended as a dispute with EGLE, but rather as a constructive step to ensure regulatory requirements remain fair, effective, and consistent with legislative authority.
The district maintains that certain provisions included in the permit exceed the statutory authority of EGLE, the regulating agency. The petition, filed by the drainage district, maintains that these provisions would require significant ratepayer-funded investments without clear evidence that the measures will improve water quality or protect public health.
“We fully support strong environmental protections and share EGLE’s commitment to safeguarding Michigan’s waters,” said Oakland County Water Resources Commissioner Jim Nash, drain board member.
“Our concern is making sure that new regulatory requirements are firmly based in law and supported by science, so that the costs borne by our residents and businesses provide real, measurable benefits.”
The GWK RTB has an excellent compliance record and is permitted to keep operating as designed. Despite decades of compliance, unprecedented provisions were added to the permit. Among the provisions placed on the permit are a dichlorination feasibility study, a study to evaluate building more grey infrastructure, the ability by EGLE to reopen the permit based on a flood control study, and requirements that may impede compliance with a regional operational plan developed by the Great Lakes Water Authority.
The petition was filed with the Michigan Office of Administrative Hearings and Rules.
A contested case hearing is a formal, quasi-judicial administrative hearing held by a state agency to resolve a dispute. Filing the petition begins a formal administrative review process, allowing for additional discussion and clarification of the permit provisions. The petition is not intended as a dispute with EGLE, but rather as a constructive step to ensure regulatory requirements remain fair, effective, and consistent with legislative authority.
––––––––––––––––––––
Subscribe to the Legal News!
https://legalnews.com/Home/Subscription
Full access to public notices, articles, columns, archives, statistics, calendar and more
Day Pass Only $4.95!
One-County $80/year
Three-County & Full Pass also available
