Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Hazardous Waste Management › Part 6 - OWNERS AND OPERATORS OF HAZARDOUS WASTE TREATMENT, STORAGE, AND DISPOSAL FACILITIES › Section R. 299.9635 - Corrective action management unit requirements

Current through Vol. 24-12, July 15, 2024
Rule 635.
(1)
				  Unless otherwise specified in this rule, corrective action management units
				  shall be subject to all of the requirements of this rule.
(2) Corrective action management units that
				  were approved before April 22, 2002, or for which substantially complete
				  applications or equivalents were submitted to the department on or before
				  November 20, 2000, shall only be subject to the requirements of this subrule.
				  The waste, activities, and design associated with these grandfathered
				  corrective action management units shall not be subject to subrules (3) to (20)
				  of this rule provided the waste, activities, and design remain within the
				  general scope of the corrective action management unit as approved. With
				  respect to these grandfathered corrective action management units, the term
				  corrective action management unit shall mean an area within a facility that is
				  used only for managing remediation wastes for implementing corrective action or
				  cleanup at the facility. For the purposes of implementing corrective action
				  remedies under part 111 of the act and these rules or implementing remedies at
				  licensed facilities that are not subject to corrective action under part 111 of
				  the act and these rules, the director may designate in a license or enforceable
				  document an area of a facility as a corrective action management unit.
				  Corrective action management units shall be located within the contiguous
				  property under the control of the owner or operator where the wastes to be
				  managed in the corrective action management unit originated. One or more
				  corrective action management units may be designated at a facility.
(3) For the purposes of implementing
				  corrective action remedies under part 111 of the act and these rules or
				  implementing remedies at licensed facilities that are not subject to corrective
				  action under part 111 of the act and these rules, the director may designate in
				  a license or enforceable document an area at a facility as a corrective action
				  management unit. With respect to these corrective action management units, the
				  term corrective action management unit means an area within a facility that is
				  used only for managing corrective action management unit-eligible wastes for
				  implementing corrective action or cleanup at the facility. A corrective action
				  management unit shall be located within the contiguous property under the
				  control of the owner or operator where the wastes to be managed in the
				  corrective action management unit originated. One or more corrective action
				  management units may be designated at a facility.
(4) The director may prohibit, where
				  appropriate, the placement of waste in a corrective action management unit if
				  the director has or receives information that the waste has not been managed in
				  compliance with applicable land disposal treatment standards of 40 C.F.R. part
				  268 or applicable unit design requirements of part 6 of these rules, or that
				  noncompliance with other applicable requirements of part 6 of these rules
				  likely contributed to the release of the waste.
(5) The placement of bulk or noncontainerized
				  liquid hazardous waste or free liquids contained in hazardous waste, whether or
				  not sorbents have been added, in any corrective action management unit is
				  prohibited except where the placement of such waste facilitates the remedy
				  selected for the waste. The requirements in R 299.9619 for placement of
				  containers holding free liquids in landfills apply to placement in a corrective
				  action management unit except where the placement facilitates the remedy
				  selected for the waste. The placement of any liquid which is not a hazardous
				  waste in a corrective action management unit is prohibited unless such
				  placement facilitates the remedy selected for the waste or a demonstration is
				  made pursuant to R 299.9619. The absence or presence of free liquids in either
				  a containerized or a bulk waste shall be determined pursuant to R
				  299.9619.Sorbents used to treat free liquids in corrective action management
				  units shall meet the requirements of R 299.9619.
(6) The placement of corrective action
				  management unit-eligible wastes into or within a corrective action management
				  unit does not constitute land disposal for the purposes of part 111 of the act
				  or these rules.
(7) The
				  consolidation or placement of corrective action management unit-eligible wastes
				  into or within a corrective action management unit does not constitute the
				  creation of a unit subject to the minimum technology requirements of these
				  rules.
(8) The director may
				  designate a hazardous waste management unit as a corrective action management
				  unit or incorporate a hazardous waste management unit into a corrective action
				  management unit provided both of the following requirements are met:
(a) The hazardous waste management unit is
				  closed or the closure process under part 6 of these rules has been
				  initiated.
(b) The inclusion of the
				  hazardous waste management unit into the corrective action management unit will
				  enhance the implementation of effective, protective, and reliable remedial
				  actions for the facility.