A1: Any Individual, partnership, association, corporation, or any commercial or industrial entity doing business in the state who either discharges "wastewater" to the water of the state or to a sewer system, during any part of the reporting year, are subject to reporting under the AWR Program. This does not include a municipal corporation or governmental unit or agency, or automotive service station, laundromat or car wash.  See FAQ's 8, 9, 25 and 26 about specific service industries that are not required to report.  Service industries in general may not be required to report, depending on their critical material use or discharge.

A2: An "automotive service station" is defined as any stand-alone business whose primary function is to store and dispense flammable or combustible liquids into fuel tanks of motor vehicles.

A3: A "laundromat" is defined as a business that provides self-serve equipment to wash and dry clothing. This excludes such establishments that provide "dry cleaning" services for commercial/industrial and residential customers.

A4: Any type of car/truck wash, stand alone business or ones providing ancillary services, that provides either automated, staff serviced or hand wash capabilities for customers to clean and dry their vehicles. A facility that functions only to wash vehicles is entirely exempt from reporting. A facility that has a vehicle wash as part of a larger operation where other wastewater discharges occur is exempt for the vehicle wash activities only.

A5: Any non-sanitary liquid waste discharged directly to a sewer system, waters of the state or indirectly from an on-site wastewater treatment system is considered a "wastewater discharge". Non-contact cooling waters and stormwater runoff that do not come in contact with process materials, products or by-products are not considered wastewater.

Q6: If a business has a wastewater discharge but does not use critical materials in their manufacturing process, nor do they discharge any critical materials, do they have to file a wastewater report?

A6: Yes. However, the business would use the "Abbreviated Wastewater Report" provided by the DEQ to report under such circumstances.

A7: Yes, a person must submit an annual wastewater report even if they file Form R under the TRI Program. However, Section 9 & 10 on the Annual Wastewater Report form does not need to be filled out. This information would be duplicative as a filer under TRI.

A8: No. The following types of commercial entities are not required to submit wastewater reports:

• Hotels, Motels, Inns and Bed and Breakfast Inns
• Restaurants (Fast food chains, diners, supper clubs and bars/pubs/nightclubs)
• Service Industries (except ones that use Critical Materials in or incidental to their services, or discharge critical materials via their reportable wastewater discharge). For example; Drycleaners who use or discharge TCE as part of their drycleaning process are required to report under the AWR program.

A9: A "service industry" would be any business that provides services rather than tangible objects. If your business only provides services, and you do not use Critical Materials in or incidential to your services, and you do not discharge critical materials via a reportable wastewater discharge, you are not required to submit an Annual Wastewater Report.

A10: Yes. Wastewater discharges into any "waters of the state" must be reported on under the AWR. This includes all waters within the jurisdiction of the state including groundwater, lakes, rivers, streams, all other watercourses and waters, and the Great Lakes bordering the state.

A11: Yes, if there are known critical materials present in the landfill, or present in the leachate being discharged, a wastewater report must be filed with the DEQ.  However, landfills required to file Form R under the federal Toxic Release Inventory (TRI) program are not required to report information required under R299.9004 (2) (f) and (g).  If no critical materials are present in the landfill, nor discharged as a wastewater, an abbreviated wastewater report may be filed with the DEQ.

A12: No. The quantity of critical materials present in any intake water is exempt from reporting under the AWR program.

A13: No. The amount of critical materials leaching from piping or equipment is exempt from reporting on under the AWR program.

A14: No. If no wastewater is generated as a result of your process, or if waste is handled in "closed loop" fashion and transferred and treated off-site by licensed contractors, you do not have to file under the AWR program.

A15: Yes. Industrial Pretreatment Programs (IPP) operate independently of the AWR and do not satisfy the requirements of the AWR Program.

A16: No. The amount of critical material present in products (fuels, oils, lubricants, etc.) used for purposes of maintaining, operating and fueling motor vehicles operated on location do not need to be reported.

A17: No. The AWR pertains to discharges to sewer systems or "waters of the state" of Michigan.

A18: No. Additives (biocides, algaecides, buffering agents, etc.) which are approved by the DEQ for use in non-contact cooling water does not create a wastewater as defined under the AWR program. *(This response supercedes the previously posted answer)

A19: Municipal entities, such as municipal airports, are not required to submit wastewater reports. However private airline companies are responsible for reporting under the AWR program if they have wastewater being generated and discharged into sanitary sewers or storm drains on municipal airport property.

A20: No, if that is the only wastewater discharged by this facility. A facility that has more functions than just washing vehicles but no reportable wastewater discharges, other than the exempted car wash discharge, does not report.

Q21: How will storm water discharges, which come in contact with process materials, products and by-products, be reported under the AWR program?

A21:  (Amended 8/5/02)  Storm water Discharges - For facilities * required to obtain a Federal National Pollutant Discharge Elimination System (NPDES) Phase I Storm Water Multi-Sector General Permit, the following requirements will apply:  

NOTE:  Any facility required to have a NPDES general storm water discharge permit and where open containers (dumpsters, roll-off boxes, etc.) that contain critical materials and are stored outside with exposure to precipitation, best management practices should be implemented to prevent pollutants from contaminating storm water discharges.

* Those facilities that are required to obtain a storm water discharge permit based on applicable Standard Industrial Classification code.

Q22: What is the information gathered under the AWR program used for by the DEQ?

A22: The DEQ intends to use the information it gathers through the AWR annual wastewater report for water pollution control purposes including the following: 

1. Setting program priorities (inspections, compliance assistance, spill prevention, etc.).

2. Reviewing permit applications for NPDES and groundwater discharge permits.

3. Identifying and monitoring potential sources of discharge of critical materials to the waters of the state. 

4. Guiding ambient monitoring programs to assess potential impacts from critical materials.

5. Resource allocation.

Q24: Is air conditioning condensate from individual office units and central-cooling systems at a facility considered "condensing water" under the definition and subject to reporting under the AWR?

A24: No. Condensate formed as a product of condensation from air conditioning for employee comfort and maintenance of proper working conditions is not considered wastewater and, therefore, it is exempt for reporting under sections R 299.9004(c) & (f). Condensing waters referenced in the definition of "wastewater" under R 299.9002(e) means condensation formed from a vapor of a process material OR condensation formed from process related equipment, such as an air compressor, which generally contains lubrication oil.

   

Q25: Are "K through 12" schools and institutions of higher learning required to submit wastewater reports under the AWR program?

A25: No.  At this time, public/private K through 12 schools and institutions of higher learning (universities, colleges, community colleges, etc.) will not be required to submit wastewater reports under the AWR program.

Q26: Are hospitals and other medical clinics required to submit wastewater reports under the AWR program?

A26: No.  At this time, public/private hospitals and medical clinics will not be required to submit wastewater reports under the AWR program.

Q27: Do periodic boiler water discharges have to be reported as a "wastewater discharge" under the AWR program?

A27: Periodic boiler water discharge is considered process wastewater and must be reported under R299.9004(c) as part of the "annual total number of gallons of wastewater discharge to the waters of the state or to any sewer system."  Any critical material listed in table 1 under R299.9003 used in maintaining the boiler at the facility must be included in the annual amount of a critical material reported under R299.9004 (e) and (f), if the amount used is greater than the annual usage threshold amount. The use of critical materials in maintaining a boiler is considered incidental to manufacturing processes.  In reporting this information, a facility should use best readily available information in making these estimates as needed.

Q28: Would R&D laboratories have to submit wastewater reports, under the AWR program, where "de-minimus" quantities of rinse water or reagents contain critical materials?

A28: R&D laboratories are subject to AWR reporting and would submit a wastewater report if they discharge a wastewater to the waters of the state or to any sewer system. There is no "de minimus" quanity for wastewater discharge under the AWR program. If the laboratory does not use a critical material in or incidental to the manufacturing or R&D processes in excess of the annual usage threshold (Table 1, R299.9003) and if there are no critical materials in the discharge other than those listed under R299.9006 (3) or (4), the facility should file an abbreviated wastewater report. An R&D facility may be exempted from reporting critical material (USE) information under R299.9004 2 (e) if exemption R299.9006 2 (i) applies.

Q29: Do groundwater remediation sites that discharge waters that have been "pumped and treated" according to a NDPES discharge permit have to file a wastewater report under the AWR program?

A29:  No.  The quantity of critical materials present in intake water (groundwater for this example) is exempt from reporting under R299.9004(2) as referenced under R 299.9006(4).

Q30: Are construction operations such as "dewatering" procedures subject to the reporting requirements outlined under the AWR program?

A30: Dewatering activities routinely done in conjunction with construction activities such as excavation or stream crossing are not required to submit wastewater reports.  Such activities are usually temporary in nature and do not constitute "process wastewater" as defined in the program administrative rules.

Q31: Are brine solution discharges to deep wells, as part of oil/gas production operations, required to be reported under the AWR?

A31: Oil/Gas Production Well operations which involve discharge of brine to deep well disposal sites are not required to report such waste discharges under the AWR program under the following circumstances:

1. The brine solution does not contained a critical material and the solution is discharged into Class II-V wells, which are used to inject non-hazardous fluids;
2. The brine solution is injected into Class I wells, which are used to inject liquid hazardous wastes or dispose of industrial and municipal wastewater beneath the lowermost underground layer of drinking waste; or
3. Such discharge information is reported to the DEQ under another environmental program.

Q32: If a contractor or vendor performs an activity on-site at my business, and they use or create critical material(s), do I have to report this under the AWR program?

A32: Yes. If a contractor or temporary employee at your facility uses critical materials as part of performing work on-site at your facility in an activity that is not explicitly exempted in Section R299.9006 (Reporting exemptions)) , the amount of critical material used must be factored into your total usage calculation for each and every critical material reported which exceed annual usage thresholds established for such critical material(s). Consequently, any amount of critical materials used and/or created by such contractors or vendors, and discharged to the waters of the state of Michigan or taken off-site for further treatment (residuals) need to be reported in range code.

Q33: If we engage in building expansion or major rehabilitation of existing buildings at our facility, do we have to report any critical materials used in, or created from, these activities?

A33: Yes. When a business engages in such activities, any critical materials used in or incidental to the construction or rehabilitation of existing or new facilities, which are related to their manufacturing processes, are reportable under the AWR program. The answer for Q33 above accounts for how a business would handle such activities under this scenario.

Q34: Do persons required to submit annual wastewater reports need to make any special efforts to measure or monitor discharges of critical materials reported under the AWR?

A34: No. Persons need not conduct testing, monitoring or other such activities beyond that required by other statutory or regulatory requirements (Federal, state or local) for purposes or reporting information under the AWR program. However, in the absence of analytical or monitoring data, the person is required to make reasonable estimates based on readily available data for critical materials known to be present in wastewater discharges and residuals. Persons should use best engineering judgment in making such determinations.

Q35: How should I account for metals (or metal compounds) which I do not have to report on under the SARA Title III 313 Program (TRI Form R) on the wastewater report forms?

A35: If you file for either just a parent metal or metal compound on your From R under the TRI program, and hence can only claim the Section 8 exemption for either the parent metal or metal compound, then you must file a separate wastewater report Part II form for each metal (or metal compound). One Part II form would be marked " Yes " under Section 8 and the next Part II would indicate " No " under Section 8, and therefore would require data under Section 9 and 10 if applicable. Persons who aggregate data for both parent metals and metal compounds using a single Form R should fill out only one wastewater report Part II for each metal reported under the AWR program.

Q36: Where can I go to for information on how to calculate storm water runoff volume if I am required to file a wastewater report for my storm water discharge?

A36: Individuals are directed to two web pages in order to obtain the data and/or formulas to use in determining storm water discharge volumes for reporting under the AWR program

http://www.epa.gov/tri/report/  Go to Pages 45 and 46 under the SARA Title III 313 - TRI Reporting Forms and Instructions and use the calculation examples and formulas provided to determine storm water run-off volume

http://www.noaa.gov  The National Oceanic and Atmospheric Administration has precipitation data available on-line in order to determine precipitation amounts for your given geographic area. If other rainfall data is available from reliable sources, you may use those figures in determining rainfall amounts.

Q37: Is there a requirement with this report to retain records for a certain number of years?

A37: Complete and accurate records are absolutely essential to meaningful compliance with AWR reporting requirements. Compiling and maintaining good records will help you to reduce the effort and expense in preparing future reports, and will help document how you arrived at the reported data in the event of a compliance evaluation. The MDEQ suggests you maintain records substantiating wastewater report submission for a minimum of three years. Each facility must keep copies of the wastewater report, along with all supporting documents, calculations, work sheets, and other forms that you use to prepare the wastewater report. The MDEQ may request this supporting documentation during a regulatory inspection.

Specifically, the MDEQ suggests that the following records be maintained for a period of three years from the date of the submission of a wastewater report:

1) A copy of each report that is submitted. Electronic reports should also be printed out, signed and saved.

2) All supporting materials and documentation used by the person to make the compliance determination that the facility or establishment is a covered facility;

3) Documentation supporting the report that is submitted, including documentation supporting:
- Claimed allowable exemptions;
- Threshold determinations;
- Calculations for each quantity reported as being used and transferred off-site;
- Activity use determinations, including dates of manufacturing, processing, or use;
- The basis of all estimates;
- Receipts or manifests associated with transfers to off-site locations; and
- Waste treatment methods, treatment efficiencies, ranges of influent concentrations to treatment, and operating data to support claims.

4) All supporting materials used to make the compliance determination that the facility or establishment is eligible to submit an abbreviated wastewater report;

5) Documentation supporting the "abbreviated wastewater report," including:
- Data supporting the determination that the annual use threshold for any reportable chemical has not been exceeded;
- Calculations of annual reporting amounts; and
- Receipts or manifests associated with the transfer of each chemical in waste to off-site locations.

Q38: I am using critical materials in my facility but there are no critical materials in the wastewater discharge. Can I file the Abbreviated Report, or do I have to complete the full Annual Wastewater Report?

A38: You need to fill out the full Annual Wastewater Report if you use any non-exempted critical materials over their threshold, or if you have any critical material discharge. If you are below threshold use for all critical materials and have no critical material discharge in the wastewater, then you meet the conditions for filing an abbreviated report.

Q39: I use a critical material in my process, I have a wastewater discharge containing this critical material as well, but I have my entire wastewater discharge pumped and hauled away by a licenced handler. Do I have to fill out an Annual Wastewater Report?

A39: You do not need to file an Annual Wastewater Report if you do not have a wastewater discharge. In this case, if the wastewater hauled away is the only qualified wastewater, no report is necessary.

Q40: Do I need to submit a separate certification signature if I am submitting an electronic report from the link located on the AWR webpage?

A40: No. Reports submitted using the e-AWR electronic reporting program do not need to include a separate certification signature. Technical contacts, consultants or senior management officials can submit the e-AWR report .

Q41: I have downloaded the Wastewater Report Form (Word Template) from the AWR website. Can I send it electronically as an attachment via email?

A41: No. The word template is not used for electronic reporting. This form can be saved and then filled out on your computer. The Word template must then be printed out and mailed to the AWR address.