Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Solid Waste Management › Part 3 - TYPE III LANDFILLS › Section R. 299.4311 - Leaching tests to evaluate potential for groundwater contamination at unlined industrial waste landfills

Current through Vol. 24-12, July 15, 2024
Rule 311.
(1) A
				  license applicant for a new low-hazard industrial waste landfill that does not
				  have a liner system meeting the standards of R 299.4307(3)(a) or (4) and a
				  leachate collection system meeting the standards of R 299.4308, or any person
				  who intendS to place new waste in an existing industrial waste landfill that
				  does not have a liner and leachate collection system, shall subject the waste
				  to a leaching test procedure specified in subrule (2) of this rule to assist in
				  the evaluation of groundwater contamination potential, and the applicant shall
				  demonstrate to the director that such concentration does not pose more than a
				  minimal potential of groundwater contamination. Where actual field data on a
				  waste is available at existing facilities, it shall also be used to assist in
				  the evaluation of groundwater contamination potential. The director shall
				  approve new wastes at an existing industrial waste landfill which does not
				  contain a liner and leachate collection system if the concentration of
				  hazardous substances in the new waste is not significantly greater than wastes
				  previously approved, as demonstrated by a statistical test consistent with R
				  299.4908 and if the landfill is otherwise in compliance with these
				  rules.
(2) To evaluate the leaching
				  potential of an industrial waste, the person shall analyze representative
				  samples of the waste in accordance with the toxicity characteristic leaching
				  procedure, EPA method 1311, or the synthetic precipitation leaching procedure,
				  EPA method 1312. Samples shall be collected and analyzed in accordance with the
				  publication entitled "Test Methods for Evaluating Solid Waste," SW-846 3rd
				  edition, which is adopted by reference in R 299.4133. As specified in that
				  document, 4 discrete samples shall constitute the minimum number of samples
				  necessary to be considered representative of a waste. If an alternate leach
				  test procedure is proposed, the leaching test procedure shall have been
				  developed by a recognized independent testing association, trade association,
				  professional society, or regulatory agency and shall be documented as to
				  applicability and reproducibility.
(3) Waste that is disposed of in an
				  industrial waste landfill which is an existing disposal area shall be retested
				  to evaluate the potential for groundwater contamination annually or on a more
				  frequent schedule as specified by the solid waste control agency, unless the
				  director approves a petition to discontinue such testing under R 299.4302. Test
				  results shall be submitted to the solid waste control agency.
(4) A waste that is classified as a type III
				  waste may be disposed of in a type II landfill.
(5) The department may specify that a waste
				  be segregated from other wastes in a type III landfill or that other special
				  handling procedures be used.