State of Michigan EGLE/USEPA/BASF Violations of specific Michigan Law:
MCLs violated by BASF/SOM/EPA (Opinion based on FOIAd Documents and State Law)

Dept shall enforce     MCL 324.3103
Michigan Legislature - Section 324.3103

Sec. 3103.
  (1) The department shall protect and conserve the water resources of the state and shall have control of the pollution of surface or underground waters of the state and the Great Lakes, which are or may be affected by waste disposal of any person. The department may make or cause to be made surveys, studies, and investigations of the uses of waters of the state, both surface and underground, and cooperate with other governments and governmental units and agencies in making the surveys, studies, and investigations. The department shall assist in an advisory capacity a flood control district that may be authorized by the legislature. The department, in the public interest, shall appear and present evidence, reports, and other testimony during the hearings involving the creation and organization of flood control districts. The department shall advise and consult with the legislature on the obligation of the state to participate in the costs of construction and maintenance as provided for in the official plans of a flood control district or intercounty drainage district.

VIOLATION of  MCL 324.3103 - The State of Michigan DEQ/EGLE and the USEPA have been KNOWINGLY ALLOWING
BASF North Works to vent  Toxic and Hazardous Waste to the Trenton Channel, at 3000+ gallons per hour  24/7 above and directly into the Critical Assessment Zone of the Wyandotte Intake.  The Contaminants are at FELONY levels (Above Final Actute Toxicity Values and Above Hazardous Waste Values).  Thus, both EGLE and USEPA are in violation of Section 3103 for not taking enforcement actions against BASFs contamination.
LINKS
(2021_11_05  EGLE Briefing Memo)
(2021_12_22  EGLE BASF Groundwater Review)

Shall not Discharge>> if may be injurious      MCL 324.3109
Michigan Legislature - Section 324.3109

Sec. 3109.
  (1) A person shall not directly or indirectly discharge into the waters of the state a substance that is or may become injurious to any of the following:
  (1) A person shall not directly or indirectly discharge into the waters of the state a substance that is or may become injurious to any of the following:
  (a) To the public health, safety, or welfare.

  (b) To domestic, commercial, industrial, agricultural, recreational, or other uses that are being made or may be made of such waters.

  (c) To the value or utility of riparian lands.

  (d) To livestock, wild animals, birds, fish, aquatic life, or plants or to their growth or propagation.

  (e) To the value of fish and game.

(6) A violation of this section is prima facie evidence of the existence of a public nuisance and in addition to the remedies provided for in this part may be abated according to law in an action brought by the attorney general in a court of competent jurisdiction. 

VIOLATION of  MCL 324.3109  - BASF sent both the State of Michigan DEQ/EGLE and the USEPA the results of their venting groundwater sampling (2021-2022) and EGLE has determined this to be both Toxic and above the levels of Hazardous Waste.  Thus, with BASFs venting groundwater showing to be above Final Acute Values and a Hazardous Waste,
BASF is violating MCL 324.3109.
LINK   (2021_12_22  EGLE BASF Groundwater Review)

GW mixing Zone      MCL 324.3109a
Michigan Legislature - Section 324.3109a

Sec. 3109a.
  (1) Notwithstanding any other provision of this part, or rules promulgated under this part, the department shall allow for a mixing zone for discharges of venting groundwater in the same manner as the department provides for a mixing zone for point source discharges. Mixing zones for discharges of venting groundwater shall not be less protective of public health or the environment than the level of protection provided for mixing zones from point source discharges.

  (2) Notwithstanding any other provision of this part, if a discharge of venting groundwater is in compliance with the water quality standards provided for in this part and the rules promulgated under this part, a permit is not required under this part for the discharge if the discharge is provided for in either or both of the following:

  (a) A remedial action plan that is approved by the department under part 201.

  (b) A corrective action plan that is submitted to the department under part 213 that includes a mixing zone determination made by the department and that has been noticed in the department calendar.

  (3) As used in this section:

  (a) "Mixing zone" means that portion of a water body where a point source discharge or venting groundwater is mixed with receiving water.

  (b) "Venting groundwater" means groundwater that is entering a surface water of the state from a facility, as defined in section 20101.

VIOLATION of  MCL 324.3109a  - BASF does NOT have a Groundwater Mixing Zone from the State of Michigan, this is a violation of Section 3109a.  Furthermore, BASF is NOT allowed a Groundwater or Surface Water Mixing Zone in the Critical Assessment Zone designation of the Wyandotte Municipal Intake, thus BASF is also in violation of WRD Policy 053 CAZ Compliance.
LINK (EGLE WRD Policy 053 CAZ  Compliance)

Release Reporting Required      MCL 324.3111b
Michigan Legislature - Section 324.3111b

Sec. 3111b.
  (1) If a person is required to report a release to the department under part 5 of the water resources protection rules, R 324.2001 to R 324.2009 of the Michigan administrative code, the person, via a 9-1-1 call, shall at the same time report the release to the primary public safety answering point serving the jurisdiction where the release occurred.

  (2) If a person described in subsection (1) is required to subsequently submit to the department a written report on the release under part 5 of the water resources protection rules, R 324.2001 to R 324.2009 of the Michigan administrative code, the person shall at the same time submit a copy of the report to the local health department serving the jurisdiction where the release occurred.

VIOLATION of  MCL 324.3111b- BASF has not reported its venting groundwater releases in accordance to State Law per MCL 324.3111b.  They have not done so because it would warrant both EGLE and USEPA to notify the Communities affected, and bring a spotlight to the violations of water quality above a drinking water intake.  Thus, BASF has sent the data to the Agencies, and skirted any official required reporting of the Toxic and Hazardous Waste releases for decades.
LINKS
  (2006  DEQ  BASF Groundwater Evaluation)
  (2012 BASF Groundwater Flux evaluation GSI exceedances)
  (2021_12_22  EGLE BASF Groundwater Review)

Permit required to discharge ANY waste     MCL 324.3112   (1), (4)
Michigan Legislature - Section 324.3112

Sec. 3112.
  (1) A person shall not discharge any waste or waste effluent into the waters of this state unless the person is in possession of a valid permit from the department.

(4) If the department determines that a person is causing or is about to cause unlawful pollution of the waters of this state, the department may notify the alleged offender of its determination and enter an order requiring the person to abate the pollution or may refer the matter to the attorney general for legal action, or both. 

VIOLATION of  MCL 324.3112   (1), (4) - BASF North Works venting groundwater is above 12.5 pH, which is the regulatory threshold making it a liquid HAZARDOUS WASTE.  In Dec 2021 it was evaluated at 13.3 by EGLE Water Resources Division. BASF has no permit to vent this Hazardous Waste, and thus is in violation MCL 324.3112 (1) and (4).  Both the State of Michigan EGLE and USEPA are fully knowledgeable about these violations, both historic and current to this day.

LINK   (2021_12_22  EGLE BASF Groundwater Review)

Felony Violations      MCL 324.3115  (2,3,4) - Felony
Michigan Legislature - Section 324.3115

(2) A person who at the time of the violation knew or should have known that he or she discharged a substance contrary to this part, or contrary to a permit or order issued or rule promulgated under this part, or who intentionally makes a false statement, representation, or certification in an application for or form pertaining to a permit or in a notice or report required by the terms and conditions of an issued permit, or who intentionally renders inaccurate a monitoring device or record required to be maintained by the department, is guilty of a felony and shall be fined not less than $2,500.00 or more than $25,000.00 for each violation. The court may impose an additional fine of not more than $25,000.00 for each day during which the unlawful discharge occurred. If the conviction is for a violation committed after a first conviction of the person under this subsection, the court shall impose a fine of not less than $25,000.00 per day and not more than $50,000.00 per day of violation. Upon conviction, in addition to a fine, the court in its discretion may sentence the defendant to imprisonment for not more than 2 years or impose probation upon a person for a violation of this part. With the exception of the issuance of criminal complaints, issuance of warrants, and the holding of an arraignment, the circuit court for the county in which the violation occurred has exclusive jurisdiction. However, the person shall not be subject to the penalties of this subsection if the discharge of the effluent is in conformance with and obedient to a rule, order, or permit of the department. In addition to a fine, the attorney general may file a civil suit in a court of competent jurisdiction to recover the full value of the injuries done to the natural resources of the state and the costs of surveillance and enforcement by the state resulting from the violation.

  (3) Upon a finding by the court that the actions of a civil defendant pose or posed a substantial endangerment to the public health, safety, or welfare, the court shall impose, in addition to the sanctions set forth in subsection (1), a fine of not less than $500,000.00 and not more than $5,000,000.00.

  (4) Upon a finding by the court that the actions of a criminal defendant pose or posed a substantial endangerment to the public health, safety, or welfare, the court shall impose, in addition to the penalties set forth in subsection (2), a fine of not less than $1,000,000.00 and, in addition to a fine, a sentence of 5 years' imprisonment.

VIOLATION of  MCL 324.3115  (2,3,4) - Felony -  BASF has been under both a State Order and a Federal Order for over 30+ years to specifically halt the flow of contaminated groundwater from its North Works Site to the Detroit River.   BASF has failed to do so and continues to release Toxic (above FAV) and Hazardous Waste to the Trenton Channel of the Detroit River above and into the Critical Assessment Zone CAZ) of the Wyandotte Municipal Public Intake beyond the point of compliance with said CAZ.   It is a FELONY to violation State (and Federal) Orders, and the levels of contaminant  exceedances in the venting groundwater from BASF North Works (> FAV and HAZARDOUS WASTE) are also FELONY violations according to MCL 324.3115  (2).

LINKS
(1985_11_12 BASF  DNR Consent Decree)
(1994_02_24 BASF USEPA Administrative Order on Consent)
(2003_04_09  State Attorney General Letter to BASF on Compiance requirement of Inward Gradient)

GW Permit Reqired to discharge to GW fee      MCL 324.3122
Michigan Legislature - Section 324.3122

Sec. 3122.
  (1) Until October 1, 2023, the department may levy and collect an annual groundwater discharge permit fee from facilities or municipalities that discharge wastewater to the ground or groundwater of this state pursuant to section 3112. The fee is as follows:

  (a) For a group 1 facility, $3,650.00.

  (b) For a group 2 facility or a municipality of 1,000 or fewer residents, $1,500.00.

  (c) For a group 2a facility, $250.00.

  (d) For a group 3 facility, $200.00.

  (2) Within 180 days after receipt of a complete application for a permit to discharge wastewater to the ground or to groundwater, the department shall grant or deny a permit, unless the applicant and the department agree to extend this time period. If the department fails to make a decision on an application within the time period specified or agreed to under this subsection, an applicant subject to an annual groundwater discharge permit fee shall receive a 15% annual discount on the annual groundwater discharge permit fee.

  (3) If the person required to pay the annual groundwater discharge permit fee under subsection (1) is a municipality, the municipality may pass on the annual groundwater discharge permit fee to each user of the municipal facility.

  (4) As used in this section, "group 1 facility", "group 2 facility", "group 2a facility", and "group 3 facility" do not include a municipality with a population of 1,000 or fewer residents.

VIOLATION of  MCL 324.3122 - BASF is not in possession of an EGLE Groundwater Discharge Permit, even though the facility and EGLE have separately estimated Toxic and Hazardous Waste venting flows of 50 to 57 gallons per minute are being released to the Critical Assessment Zone of the Wyandotte Intake in the Trenton Channel of the Detroit River.  This is a violation of MCL 324.3122.
LINKS
(2021_10_21 Facility Estimated Flow 35-50gpm)
(2021-11_05 EGLE Estimated Flow 57gpm)

Duties of Dept and Officers to enforce, protect  MCL 324.1601
Michigan Legislature - Section 324.1601

Sec. 1601.   The department and any officer appointed by the department shall do all of the following:
  (a) Enforce the statutes and laws of this state for the protection, propagation, or preservation of wild birds,
        wild animals, and fish
  (b) Enforce all other laws of this state that pertain to the powers and duties of the department or the commission.
  (c) Bring or cause to be brought or prosecute or cause to be prosecuted actions and proceedings in the name of the people of
this state for the purpose of punishing any person for the violation of statutes or laws described in this section.

VIOLATION of  MCL 324.1601-  EGLE and USEPA are both aware and knowledgeable that BASF North Works is in felony violations of water quality standards as well as felony violations of State and Federal Orders.  For Sites in Michigan that USEPA is the lead agency on, USEPA is bound by a 2004 Memorandum of Understanding (2004 MOU), that USEPA will apply Michigan Environmental Law to Michigan Facilities, unless the Federal Statute is more restrictive.   EGLE also has final responsibilty for ensuring all entities in Michigan, even those under USEPA lead, are meeting Michigan Law.   Both USEPA and EGLE are allowing BASF North Works to violate their respective Orders and Michigan Water Quality and Drinking Water Point of Compliance Standards, and have been doing so for over 30 years.  EGLE and USEPA are not enforcing the statutes and laws of this state, and thus are openly violating MCL 324.1601.

LINKS
(2021_11_05 EGLE BASF Breifing Memo)
(2022_04_13 EGLE Letter to USEPA on BASF NW)

Accessory to a crime/felony  MCL 767.39
http://www.legislature.mi.gov/(S(bxsrsox3lvosw4osdtfrnbdb))/mileg.aspx?page=GetObject&objectname=mcl-767-39

Sec. 39.
  Every person concerned in the commission of an offense, whether he directly commits the act constituting the offense or procures, counsels, aids, or abets in its commission may hereafter be prosecuted, indicted, tried and on conviction shall be punished as if he had directly committed such offense.

VIOLATION of  MCL 767.39- By USEPA and EGLE Mgmt allowing BASF to continually violation both State and Federal Orders as well as Michigan Water Quality Criteria, Drinking Water Standards, and Agency Policies concerning Surface Waters and Critical Assessment Zone (CAZ) points of compliance, USEPA and EGLE are as liable as the facility when it comes to aiding and abetting BASFs continuous FELONY violations to the Trenton Channel of the Detroit River.  The current EGLE and USEPA Management have knowingly allowed BASF to continue their venting groundwater contamination without taking any enforcement action to protect the public resource or drinking water intake.  Thus the current Federal and State administrations have shown to be an Aiding and Abetting Accessory to BASFs continuing water quality contaminant discharges under MCL 767.39.

LINK
(2021_11_05 EGLE BASF Breifing Memo)
(2022_04_13 EGLE Letter to USEPA on BASF NW)