Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Solid Waste Management › Part 1 - GENERAL PROVISIONS › Section R. 299.4108 - Variances for type III landfills

Current through Vol. 24-12, July 15, 2024
Rule 108.
(1) A
				  request for a variance for a type III landfill that is a new disposal area
				  shall be in writing, shall accompany the application for a construction permit,
				  and shall include justification for the variance.
(2) A request for a variance for a type III
				  landfill that is an existing disposal area shall be in writing, shall accompany
				  the application for an operating license, and shall include the justification
				  for the variance.
(3) The notice
				  that is published under the act shall include a listing and description of the
				  variances requested by the applicant.
(4) Variances to the following rules that are
				  applicable to type III landfills shall be granted in writing by the solid waste
				  control agency upon a demonstration by the applicant that the requirement in
				  the rules is not feasible and prudent and that either the substitute
				  requirement will provide an equivalent degree of protection for the public
				  health and environment or that the public health, welfare, and environment will
				  not be additionally impaired:
(a) R
				  299.4304(4), time required to reach final grades.
(b) R 299.4304(5), final cover
				  slope.
(c) R 299.4305(2)(b),
				  horizontal isolation.
(d) R
				  299.4306(1) for an alternative boundary of compliance in place of the solid
				  waste boundary if the criteria for classification of solid waste disposal
				  facilities and practices, 40 C.F.R. part 257.3-4, are met. The provisions of 40
				  C.F.R. part 257.3-4 are adopted by reference in R 299.4134.
(e) R 299.4315(3), access.
(f) R 299.4315(4), waste placement
				  supervision.
(g) R 299.4315(5),
				  control of dust and blowing paper.
(h) R 299.4316(1), daily and interim
				  cover.
(i) R 299.4316(2),
				  intermediate cover.
(j) R
				  299.4317(1), closure time period.
(k) The specifications of R 299.4306, R
				  299.4307, or R 299.4310(1) and (2) under exceptional circumstances considering
				  only the following factors:
(i) Unique
				  hydrogeological situations.
(ii)
				  The unusual nature of a specific waste with limited potential for environmental
				  damage.
(iii) An opportunity to
				  utilize a waste for a useful purpose.
(iv) The volume of waste to be disposed
				  of.
(v) A demonstration by the
				  applicant that granting the waiver will not result in impairment of the current
				  uses of affected natural resources and that use of the selected disposal area
				  is as reasonable and prudent as the utilization of an alternative disposal
				  area.
(vi) Public comments on the
				  proposed variance. Before granting a variance under this rule, the director
				  shall do all of the following:
(A) Consult
				  with the certified health department.
(B) Discuss the requested variance at the
				  public hearing if a hearing is held under section 11510 of the act.
(C) Notify adjacent property owners of the
				  proposed variance.