Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Solid Waste Management › Part 2 - CERTIFICATION OF LOCAL HEALTH DEPARTMENTS › Section R. 299.4203 - Certified health department; performance requirements; solid waste disposal areas

Current through Vol. 24-12, July 15, 2024
Rule 203.
(1)
				  Except as provided in subrules (2) and (3) of this rule, a certified health
				  department shall do all of the following:
(a)
				  At the request of an applicant, provide an advisory analysis of each proposed
				  disposal area within 15 working days of the request. An advisory analysis shall
				  include a site inspection and written report to the applicant regarding the
				  preliminary feasibility of the disposal area as described in R 299.4901. A copy
				  of the advisory analysis shall be provided to the department. Nothing in the
				  advisory analysis shall be considered to constitute an approval or denial for a
				  construction permit or operating license.
(b) Receive all construction permit and
				  operating license application forms and documents.
(c) Immediately forward each application
				  package to the department for review.
(d) Upon the receipt of a construction permit
				  application, obtain information for the proper notification of all parties that
				  is required by section 11510 of the act.
(e) Assist the department in arranging
				  newspaper publication of the required public notice in the vicinity of the
				  proposed undertaking. The certified health department's obligation for such
				  costs shall not be more than &frac12 of the construction permit application
				  fee that is remitted by the applicant under the act.
(f) Provide a location where the complete
				  construction permit application may be reviewed by the public.
(g) Assist the department in conducting all
				  public hearings relative to an application for a construction permit.
(h) Conduct a site inspection upon receipt of
				  an operating license application to determine compliance with the act and these
				  rules.
(i) Submit a written report
				  of the site inspection and a recommendation for or against license issuance to
				  the department within 15 working days of receipt of the operating license
				  application package. The applicant shall be sent a copy of the
				  recommendation.
(j) Provide the
				  department and the licensee with written recommendations regarding appropriate
				  action on existing facilities, which may include closure, remedial measures,
				  and a compliance schedule.
(k) File
				  an instrument that is prepared by the applicant in the office of the register
				  of deeds of the county in which a sanitary landfill is located that imposes a
				  restrictive covenant upon the land involved at the time of licensing as
				  required by section 11518 of the act and provide the department with a copy of
				  the recorded instrument or a receipt that verifies the proper filing.
(l) Provide a minimum of quarterly, routine,
				  written inspection reports of all disposal areas, unless a more frequent
				  inspection schedule is established by the department. A written notice of
				  deficiencies, together with requirements for their correction, shall be
				  provided to the licensee. Copies of all inspection reports and correspondence
				  shall be provided to the department.
(m) Follow-up inspections of disposal areas
				  shall be conducted when necessary.
(n) Maintain a complete file of transactions
				  relative to the inspection report activities for each disposal area.
(o) Investigate and document all complaints
				  on solid waste disposal areas and dumps. Reports of actions taken shall be
				  provided to the department.
(p)
				  Notify the department of any unresolved problems or violations that continue
				  beyond 90 days of the health department's investigations of
				  complaints.
(q) Be willing and
				  prepared to present documentation and testimony at show cause hearings, formal
				  administrative hearings, or at any other informal or formal legal
				  proceedings.
(r) In cooperation
				  with the department, issue cease and desist orders for unlicensed waste
				  disposal areas or dumps. The department shall be provided with copies of any
				  cease and desist orders that may be issued.
(s) Program enforcement and review
				  responsibilities shall be uniformly applied to the public and private
				  sectors.
(t) Assist in developing
				  and encouraging environmentally sound methods of disposal, including resource
				  recovery and conservation.