reglab/statecodes huggingface dataset:
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Solid Waste Management › Part 4 - MUNICIPAL SOLID WASTE LANDFILLS › Section R. 299.4409 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 409. As used in this part:
(a) "Airport" means a public-use airport that
				  is open to the public without prior permission and without restrictions within
				  the physical capacities of available facilities.
(b) "Appendix II constituents" or
				  "constituents listed in appendix II" means the constituents listed in the
				  provisions of 40 C.F.R. part 258, appendix II. The provisions of 40 C.F.R. part
				  258, appendix II, are adopted by reference in R 299.4134.
(c) "Areas susceptible to mass movement"
				  means those areas that are characterized as having an active or substantial
				  possibility of mass movement where the movement of earth material at, beneath,
				  or adjacent to the landfill unit, because of natural or man-induced events,
				  results in the downslope transport of soil and rock material by means of
				  gravitational influence. Areas of mass movement include any of the following:
(i) Landslides.
(ii) Avalanches.
(iii) Debris.
(iv) Slides and flows.
(v) Soil fluctuation.
(vi) Block sliding.
(vii) Rock fall.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Solid Waste Management › Part 4 - MUNICIPAL SOLID WASTE LANDFILLS › Section R. 299.4411 - Type II landfill location restrictions; groundwater isolation

Current through Vol. 24-12, July 15, 2024
Rule 411.
(1) The
				  requirements of this rule apply to new disposal areas and all units at an
				  existing disposal area that are or have been licensed under the act, including
				  closed units.
(2) A type II
				  landfill shall maintain the following permanent minimum clearances from the top
				  of the primary liner:
(a) Ten feet to natural
				  groundwater level.
(b) Seven feet
				  to a permanently depressed groundwater level.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Solid Waste Management › Part 4 - MUNICIPAL SOLID WASTE LANDFILLS › Section R. 299.4412 - Type II landfill location restrictions; horizontal isolation distances

Current through Vol. 24-12, July 15, 2024
Rule 412.
(1) The
				  requirements of this rule apply to type II landfills that are new disposal
				  areas.
(2) A type II landfill shall
				  be located and designed to ensure that the isolation distance between the
				  active work area of the landfill and adjacent property is adequate to prevent
				  the creation of nuisance conditions due to any of the following:
(a) Noise in excess of the levels specified
				  in R 299.4431.
(b) Blowing
				  papers.
(c) Dust.
(d) Odor.
(e) Vectors.
(f) Pest animals.
(g) Equipment vibration.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Solid Waste Management › Part 4 - MUNICIPAL SOLID WASTE LANDFILLS › Section R. 299.4413 - Type II landfill location restrictions; sensitive areas

Current through Vol. 24-12, July 15, 2024
Rule 413.
(1) The
				  requirements of this rule apply to type II landfills that are new disposal
				  areas.
(2) A type II landfill shall
				  not be located within either of the following sensitive areas:
(a) A critical dune area that is designated
				  under part 353 of the act.
(b) A
				  high-risk erosion area or environmental area that is designated under part 323
				  of the act.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Solid Waste Management › Part 4 - MUNICIPAL SOLID WASTE LANDFILLS › Section R. 299.4414 - Type II landfill location restrictions; airport safety

Current through Vol. 24-12, July 15, 2024
Rule 414.
(1)
				  Owners and operators of new type II landfill units, existing type II landfill
				  units, and lateral extensions of existing units which are located within 10,000
				  feet of any airport runway and which are used by turbojet aircraft or within
				  5,000 feet of any airport runway end which is used by only piston-type aircraft
				  shall demonstrate that the units are designed and operated so that the type II
				  landfill unit does not pose a bird hazard to aircraft.
(2) Owners or operators who propose to site
				  new type II landfill units and lateral extensions of existing units within a
				  5-mile radius of any airport runway end that is used by turbojet or piston-type
				  aircraft shall notify the affected airport and the federal aviation
				  administration.
(3) The owner or
				  operator of an existing disposal area shall place documentation of the
				  demonstration required pursuant to the provisions of subrule (1) of this rule
				  in the operating record and notify the director that it has been placed in the
				  operating record.
(4) The owner or
				  operator of a new disposal area shall present the demonstration required
				  pursuant to the provisions of subrule (1) of this rule in the construction
				  permit application.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Solid Waste Management › Part 4 - MUNICIPAL SOLID WASTE LANDFILLS › Section R. 299.4415 - Type II landfill location restrictions; floodplains

Current through Vol. 24-12, July 15, 2024
Rule 415.
(1) An
				  owner and operator of A new type II landfill unit, existing landfill unit, or
				  lateral extension of an existing unit that is located within a floodplain shall
				  demonstrate all of the following:
(a) The unit
				  will not restrict the flow of the 100-year flood.
(b) The unit will not reduce the temporary
				  water storage capacity of the floodplain.
(c) The unit will not result in washout of
				  solid waste so as to pose a hazard to human health and the
				  environment.
(d) The unit does not
				  encroach upon the floodway and will not increase upstream or downstream flood
				  stages.
(e) The unit has a natural
				  or compacted soil base which is not less than 10 feet thick and which is in
				  compliance with the criteria specified in R 299.4912.
(f) The distance from the normal water line
				  of the water body to the solid waste boundary of the landfill will not be less
				  than 500 feet.
(g) The design of
				  the landfill will include a dike to preclude floodwater inundation with a top
				  elevation that is not less than 5 feet above the 100-year flood
				  elevation.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Solid Waste Management › Part 4 - MUNICIPAL SOLID WASTE LANDFILLS › Section R. 299.4416 - Type II landfill location restrictions; wetlands

Current through Vol. 24-12, July 15, 2024
Rule 416. A new type II landfill unit and a lateral
					 extension of an existing unit shall not be located in wetlands, unless the
					 owner and operator can demonstrate all of the following to the director:
(a) The owner or operator has obtained a
				  permit under part 303 of the act and, to the extent required under part 303 of
				  the act, has demonstrated that a practicable alternative to the proposed
				  landfill that does not involve wetlands is not available.
(b) Construction and operation of the type II
				  landfill unit will not do any of the following:
(i) Cause or contribute to violations of any
				  applicable state water quality standard.
(ii) Violate any applicable toxic effluent
				  standard or prohibition under section 307 of the federal clean water
				  act.
(iii) Jeopardize the continued
				  existence of endangered or threatened species, or result in the destruction or
				  adverse modification of a critical habitat, that is protected under the federal
				  endangered species act of 1973.
(iv) Violate any requirement under the
				  federal marine protection, research, and sanctuaries act of 1972 for the
				  protection of a marine sanctuary.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Solid Waste Management › Part 4 - MUNICIPAL SOLID WASTE LANDFILLS › Section R. 299.4417 - Type II landfill location restrictions; fault areas and seismic impact zones

Current through Vol. 24-12, July 15, 2024
Rule 417.
(1) New
				  type II landfill units and lateral extensions of existing units shall not be
				  located within 200 feet of a fault that has had displacement in holocene time,
				  unless the owner or operator demonstrates to the director that an alternative
				  setback distance of less than 200 feet will prevent damage to the structural
				  integrity of the unit and will be protective of human health and the
				  environment.
(2) New type II
				  landfill units and lateral extensions of existing units shall not be located in
				  seismic impact zones, unless the owner or operator demonstrates to the director
				  that all containment structures, including liners, leachate collection systems,
				  and surface water control systems, are designed to resist the maximum
				  horizontal acceleration in lithified earth material for the site.
(3) The owner or operator of an existing
				  disposal area shall record the demonstrations specified in subrules (1) and (2)
				  of this rule, as applicable, in the operating record and notify the director
				  that the demonstrations have been recorded in the operating record.
(4) The owner and operator of a new disposal
				  area shall include the demonstrations required by this rule in the construction
				  permit application.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Solid Waste Management › Part 4 - MUNICIPAL SOLID WASTE LANDFILLS › Section R. 299.4418 - Type II landfill location restrictions; unstable areas

Current through Vol. 24-12, July 15, 2024
Rule 418.
(1)
				  Owners or operators of new units, existing units, and lateral extensions of
				  existing units that are located in an unstable area shall demonstrate that
				  engineering measures have been incorporated into a unit's design to ensure that
				  the integrity of the structural components of the unit will not be
				  disrupted.
(2) An unstable area
				  includes any of the following areas:
(a) An
				  area that is unstable due to the presence of active or inactive karst
				  formations.
(b) An area that is
				  unstable due to the presence of sinkholes that are created by oil and gas
				  drilling or other activities.
(c)
				  An area that is susceptible to mass movement where the downslope movement of
				  soil under gravitational influence occurs.
(d) An area where the groundwater level
				  renders soils in an excavation unstable, unless the application provides
				  engineering controls to prevent such instability.
(e) An area that is otherwise susceptible to
				  natural or human-induced events or forces that are capable of impairing the
				  integrity of some or all of the landfill structural components which are
				  responsible for preventing releases from a landfill.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Solid Waste Management › Part 4 - MUNICIPAL SOLID WASTE LANDFILLS › Section R. 299.4419 - Type II landfill location restrictions; closure of existing units; vertical expansions of existing units

Current through Vol. 24-12, July 15, 2024
Rule 419.
(1)
				  Existing units that cannot make the demonstrations specified in R 299.4414
				  pertaining to airports, R 299.4415 pertaining to floodplains, or R 299.4418
				  pertaining to unstable areas shall close by October 9, 1996, in accordance with
				  R 299.4448 and conduct postclosure activities in accordance with R 299.4449.
				  The deadline for closure required by this rule may be extended up to 2 years if
				  the owner or operator demonstrates both of the following to the director:
(a) There is no alternative disposal
				  capacity.
(b) There is no immediate
				  threat to human health or the environment.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Solid Waste Management › Part 4 - MUNICIPAL SOLID WASTE LANDFILLS › Section R. 299.4420 - Type II landfill design standards; municipal solid waste incinerator ash landfills

Current through Vol. 24-12, July 15, 2024
Rule 420.
(1) A
				  new unit and a lateral extension of an existing unit at a type II landfill unit
				  that accepts municipal solid waste incinerator ash shall be designed and
				  constructed in accordance with section 11542 of the act, except that a
				  municipal incinerator ash landfill that is an unmonitorable unit shall have a
				  secondary leachate collection system and a flexible membrane liner as part of
				  the secondary liner system.
(2) An
				  existing unit, new unit, and lateral extension of an existing unit at a
				  landfill that accepts municipal solid waste incinerator ash shall be closed
				  with a final cover that is in compliance with section 11542 of the act. Grades
				  of the final cover shall be in compliance with R 299.4425.
(3) An owner and operator of a new unit and a
				  lateral extension of an existing unit at a municipal solid waste incinerator
				  ash landfill shall ensure that all of the following requirements are complied
				  with:
(a) Leachate collection systems that are
				  required by section 11542 of the act are in compliance with R
				  299.4423.
(b) Secondary leachate
				  collection or leak detection systems that are required by section 11542 of the
				  act are in compliance with R 299.4424.
(c) Compacted clay liners that are required
				  by section 11542 of the act are in compliance with R 299.4913.
(d) Flexible membrane liners that are
				  required by section 11542 of the act are in compliance with R
				  299.4915.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Solid Waste Management › Part 4 - MUNICIPAL SOLID WASTE LANDFILLS › Section R. 299.4421 - Type II landfill design standards; liner systems for new units and lateral extensions of existing units

Current through Vol. 24-12, July 15, 2024
Rule 421.
(1) All
				  new units and lateral extensions of existing units at a type II landfill shall
				  be constructed with a composite liner and a leachate collection system that is
				  designed and constructed to maintain less than a 1-foot depth of leachate over
				  the liner, excluding the sump. To maintain less than a 1-foot depth of leachate
				  over the liner, leachate collection systems for these units shall be designed
				  and constructed in compliance with the provisions of R 299.4423.
(2) All new units and lateral extensions of
				  existing units that are unmonitorable units shall contain a leak detection
				  system which is in compliance with the provisions of R 299.4424.
(3) Type II landfill units that are either of
				  the following shall be located or designed in accordance with the leakage
				  control criteria of R 299.4422 so that the risks associated with any leakage
				  through the composite liner required by subrule (1) of this rule are minimized:
(a) New disposal areas. Owners and operators
				  of new disposal areas shall demonstrate compliance as part of a construction
				  permit application.
(b) New units
				  and lateral extensions at existing disposal areas that have not received waste
				  before October 9, 1995. New units and lateral extensions of existing units
				  shall not be subject to the standards of R 299.4422 if a complete operating
				  license application is submitted 90 days before October 9, 1995.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Solid Waste Management › Part 4 - MUNICIPAL SOLID WASTE LANDFILLS › Section R. 299.4422 - Type II landfill design standards; leakage control criteria

Current through Vol. 24-12, July 15, 2024
Rule 422.
(1) A
				  landfill unit that is subject to the requirements of this rule shall be
				  located, designed, and constructed so that the risks posed by leakage through
				  the composite liner required by R 299.4421(1) are minimized. To do so, a
				  landfill unit shall be either of the following:
(a) A monitorable unit which is located over
				  a natural soil barrier and which is in compliance with subrule (2) of this rule
				  so as to restrict the migration of leakage from the unit.
(b) Designed with a double liner system which
				  is in compliance with subrule (3) of this rule and which is capable of
				  detecting and collecting leakage through the primary composite liner.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Solid Waste Management › Part 4 - MUNICIPAL SOLID WASTE LANDFILLS › Section R. 299.4423 - Type II landfill design standards; leachate collection and removal systems

Current through Vol. 24-12, July 15, 2024
Rule 423.
(1) All
				  new units and lateral extensions of existing units at a type II landfill shall
				  have a leachate collection system that is designed and constructed to maintain
				  less than a 1-foot depth of leachate over the primary liner. To do so, the
				  system shall be designed to do all of the following :
(a) Limit the head at any point in the
				  system, excluding the sump, to not more than 1 foot using the design criteria
				  specified in this rule or alternate criteria demonstrated under subrule (5) of
				  this rule.
(b) Extend across the
				  entire bottom of the system.
(c) Be
				  chemically resistant to the waste that is managed in the landfill and the
				  leachate that is expected to be generated and be of sufficient strength and
				  thickness to prevent collapse under the pressures that are exerted by overlying
				  wastes, waste cover materials, and equipment that is used at the
				  landfill.
(d) Minimize clogging
				  during the active life and postclosure care period.
(e) Drain leachate to sumps using pumps that
				  are of a sufficient size to collect and remove liquids from the sump and
				  prevent liquids from backing up into the drainage layer. Each unit shall have
				  its own sump. The design of each sump and removal system shall provide a method
				  for measuring and recording the volume of liquids removed and the depth of
				  leachate in the sump.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Solid Waste Management › Part 4 - MUNICIPAL SOLID WASTE LANDFILLS › Section R. 299.4424 - Type II landfill design standards; secondary collection systems and leak detection systems

Current through Vol. 24-12, July 15, 2024
Rule 424.
(1) A
				  secondary collection system shall be designed to operate as a leak detection
				  system.
(2) A secondary collection
				  system shall be capable of detecting, collecting, and removing leaks of
				  hazardous constituents at the earliest practicable time through all areas of
				  the top liner that are likely to be exposed to waste or leachate during the
				  active life and postclosure care period. The requirements of this subrule are
				  satisfied by a system that, at a minimum, satisfies all of the following
				  requirements:
(a) Is designed to have a
				  bottom slope of 1% or more. An applicant for a new disposal area shall
				  demonstrate that the bottom slope will be 1% or more after consolidation
				  settlement, except as provided for vertical expansions of a unit in R
				  299.4419.
(b) Is designed with
				  either of the following:
(i) Granular
				  drainage materials that have a hydraulic conductivity of 1.0 x 10-2 centimeters
				  per second or more and a thickness of 12 inches or more.
(ii) Synthetic or geonet drainage materials
				  which have a hydraulic conductivity of 1 centimeter per second and a layer
				  thickness that is not less than 100 mils or which have other combinations
				  capable of providing a hydraulic transmissivity of 5.0 x
				  10-4 meters 
				  2 per second.
(c) Is designed with materials which are
				  chemically resistant to the waste that is managed in the landfill and the
				  leachate that is expected to be generated and which are of sufficient strength
				  and thickness to prevent collapse under the pressures exerted by overlying
				  wastes, waste cover materials, and equipment used at the landfills.
(d) Is designed and operated to minimize
				  clogging during the active life and postclosure care period.
(e) Is designed with a sump and pumps that
				  are sized to efficiently collect and remove liquids and prevent liquids from
				  backing up into the drainage layer. Each unit shall have its own sump. The
				  design of the sump and the removal system shall provide a method for measuring
				  and recording the liquid volume that is removed.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Solid Waste Management › Part 4 - MUNICIPAL SOLID WASTE LANDFILLS › Section R. 299.4425 - Type II landfill design standards; final cover

Current through Vol. 24-12, July 15, 2024
Rule 425.
(1) The
				  owner or operator of a type II landfill unit shall install a final cover system
				  which is designed to minimize infiltration and erosion and which is comprised
				  of an erosion layer underlain by an infiltration layer, as specified in this
				  rule.
(2) Except as provided for
				  existing or preexisting units in subrules (3) and (4) of this rule, the owner
				  or operator of a type II landfill shall install a final cover system that is
				  comprised of all of the following components:
(a) An infiltration layer that is comprised
				  of a composite liner. The lower soil component of such a composite liner shall
				  consist of either of the following:
(i) A
				  minimum of 18 inches of earthen material that has a permeability which is less
				  than or equal to 1.0 x 10-5 cm/sec, as determined by test methods specified in
				  R 299.4920.
(ii) A bentonite
				  geocomposite liner which is in compliance with R 299.4914 and which is
				  underlain by not less than 18 inches of earthen material to protect the liner
				  from waste and minimize the effect of settlement.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Solid Waste Management › Part 4 - MUNICIPAL SOLID WASTE LANDFILLS › Section R. 299.4426 - Type II landfill operation generally

Current through Vol. 24-12, July 15, 2024
Rule 426.
(1) The
				  owner and operator of a type II landfill shall properly maintain equipment of
				  an adequate number, type, and size to be used in operating the landfill
				  pursuant to established engineering practice and these rules. Backup equipment
				  shall be available on the site or suitable arrangements shall be made to
				  provide for such equipment from other sources during equipment breakdown or
				  during peak loads.
(2) A type II
				  landfill operation shall be under the immediate direction of a responsible
				  individual.
(3) Measures shall be
				  taken to control dust and blowing papers. The entire area shall be kept clean
				  and orderly.
(4) All solid waste
				  shall be compacted to minimize post-closure settlement.
(5) On-site roads at a type II landfill shall
				  be in compliance with both of the following provisions:
(a) Be designed and constructed so that
				  traffic flows smoothly and is not interrupted by ordinary inclement
				  weather.
(b) Be operated to prevent
				  the creation of nuisance conditions from fugitive dust.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Solid Waste Management › Part 4 - MUNICIPAL SOLID WASTE LANDFILLS › Section R. 299.4427 - Type II landfill operation; access requirements

Current through Vol. 24-12, July 15, 2024
Rule 427.
(1) The
				  owner and operator of a type II landfill shall control public access to the
				  landfill and prevent unauthorized vehicular traffic and illegal dumping of
				  wastes by using artificial barriers or natural barriers, or both, as
				  appropriate.
(2) In addition to the
				  controls specified in subrule (1) of this rule, the owner and operator shall
				  limit access as follows:
(a) To those times
				  when an attendant is on duty or when an alternative monitoring device is in
				  use.
(b) To those persons who are
				  authorized to use the site for the disposal of solid waste.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Solid Waste Management › Part 4 - MUNICIPAL SOLID WASTE LANDFILLS › Section R. 299.4428 - Type II landfill operation; recyclable materials

Current through Vol. 24-12, July 15, 2024
Rule 428.
(1) The
				  operator of a type II landfill may separate recyclable materials from general
				  refuse without a construction permit for this activity from the director.
				  Procedures for the separation of recyclable materials shall be consistent with
				  the requirements for processing plants that are specified in R
				  299.4509.
(2) The salvaging of
				  recyclable material, if allowed by the licensee, shall be organized so that it
				  does not interfere with the prompt sanitary disposal of solid waste or create
				  health hazards or unsightliness. Scavenging shall not be permitted.
(3) White goods and other recyclable metals
				  may be stored on-site for recycling in an area that is designated in the
				  operating license, if both of the following conditions are met:
(a) A nuisance or health hazard does not
				  develop.
(b) The materials are
				  stored in 1 of the following areas:
(i) An
				  area that is in compliance with the standards for waste piles specified in R
				  299.4130.
(ii) A lined portion of
				  the landfill.
(iii) A roll-off box
				  or other container that prevents the discharge of liquids.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Solid Waste Management › Part 4 - MUNICIPAL SOLID WASTE LANDFILLS › Section R. 299.4429 - Type II landfill operation; daily and interim cover material and disease vector control

Current through Vol. 24-12, July 15, 2024
Rule 429.
(1)
				  Except as provided in subrule (2) of this rule, an owner or operator of a type
				  II landfill unit shall cover disposed of solid waste with 6 inches of earthen
				  material at the end of each operating day or at more frequent intervals, if
				  necessary, to control disease vectors, fires, odors, blowing litter, and
				  scavenging. If clay or other low-permeability material is used as daily cover,
				  then the operator shall scrape back the previous day's cover to allow the free
				  movement of liquids and gases through the landfill.
(2) Alternative materials of an alternative
				  thickness, other than at least 6 inches of earthen material, may be used as
				  daily cover at a type II landfill if the alternative material is approved in
				  the landfill operating license. The following alternative materials shall be
				  approved by the director for use as daily cover if the owner or operator of the
				  type II landfill demonstrates that the alternative material and thickness
				  control disease vectors, fires, odors, blowing litter, and scavenging without
				  presenting a threat to human health or the environment by submitting an
				  operational plan for use of the material in accordance with subrule (3) of this
				  rule:
(a) The following manufactured
				  products, designated as class a daily cover material:
(i) Geotextiles.
(ii) Flexible membrane liners.
(iii) Woven mats.
(iv) Spray on materials, such as foams and
				  emulsions.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Solid Waste Management › Part 4 - MUNICIPAL SOLID WASTE LANDFILLS › Section R. 299.4430 - Type II landfill operation; prohibited wastes; procedures for excluding the receipt of prohibited waste

Current through Vol. 24-12, July 15, 2024
Rule 430.
(1) The
				  operator of a type II landfill shall ensure that the unloading of solid waste
				  is continuously supervised by facility personnel upon receipt.
(2) The following wastes shall not be
				  disposed of in a type II landfill:
(a)
				  Regulated hazardous waste.
(b)
				  PCB's or PCB items, as defined in 40 C.F.R. §761.3.
(c) Bulk or noncontainerized liquid waste or
				  waste that contains free liquids, unless the waste is household waste other
				  than septic waste or the waste is leachate or gas condensate that is approved
				  for recirculation under R 299.4432.
(d) Containers that hold liquid waste, unless
				  the container is household waste or is a small container similar in size to
				  that normally found in household waste.
(e) Sewage.
(f) Materials that would adversely affect a
				  liner or leachate collection and removal system.
(g) Asbestos waste, unless the disposal area
				  complies with 40 C.F.R. §61.154.
(h) Empty drums, unless crushed to eliminate
				  voids.
(i) Used lead acid
				  batteries.
(j) Yard clippings, as
				  specified in the act.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Solid Waste Management › Part 4 - MUNICIPAL SOLID WASTE LANDFILLS › Section R. 299.4431 - Type II landfill operation; noise

Current through Vol. 24-12, July 15, 2024
Rule 431.
(1)
				  Operation of a type II landfill shall not result in noise exceeding the
				  following levels when measured at the common property line nearest the active
				  work area:
(a) For adjacent residential
				  property, 75 dBA.
(b) For adjacent
				  commercial property, 85 dBA.
(c)
				  For adjacent industrial and other property, 90 dBA.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Solid Waste Management › Part 4 - MUNICIPAL SOLID WASTE LANDFILLS › Section R. 299.4432 - Type II landfill operation; leachate and secondary collection system monitoring; leachate treatment, storage, and disposal

Current through Vol. 24-12, July 15, 2024
Rule 432.
(1) The
				  owner and operator of a type II landfill shall remove leachate from a disposal
				  unit as frequently as necessary to ensure that the leachate depth on the liner,
				  excluding the sump, is not more than 1 foot, except after a significant storm
				  event. The leachate depth on the liner shall not be more than 1 foot for more
				  than 7 days after a significant storm event. A significant storm event is a
				  storm that generates 0.1 inches or more of rainfall in 24 hours.
(2) The owner and operator shall monitor the
				  leachate collection system and record all of the following:
(a) Leachate depths on a schedule that
				  assures compliance with this subrule.
(b) The monthly volume of leachate pumped
				  from all units.
(c) The quality of
				  leachate generated from the landfill by sampling and analyzing for both of the
				  following:
(i) The primary inorganic
				  indicators listed in R 299.4450 and primary volatile organics listed in R
				  299.4453 on a quarterly basis during the active life and on an annual basis
				  during the postclosure period.
(ii)
				  Other constituents listed in R 299.4451, R 299.4452, and R 299.4454 on an
				  annual basis during the active life and postclosure period.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Solid Waste Management › Part 4 - MUNICIPAL SOLID WASTE LANDFILLS › Section R. 299.4433 - Type II landfill operation; explosive gas control and monitoring

Current through Vol. 24-12, July 15, 2024
Rule 433.
(1) The
				  owner and operator of a type II landfill shall ensure all of the following:
(a) That the concentration of methane gas
				  generated by the facility is not more than 25% of the lower explosive limit for
				  methane in facility structures, excluding gas control or recovery system
				  components, and the leachate collection system.
(b) That the concentration of methane gas is
				  not more than the lower explosive limit at or beyond the facility property
				  boundary.
(c) That gases generated
				  by the facility do not create a nuisance and are not otherwise in violation of
				  part 55 of the act at the property boundary.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Solid Waste Management › Part 4 - MUNICIPAL SOLID WASTE LANDFILLS › Section R. 299.4434 - Type II landfill operation; air criteria

Current through Vol. 24-12, July 15, 2024
Rule 434.
(1) The
				  owner and operator of a type II landfill shall ensure that the unit is not in
				  violation of any applicable requirements developed under part 55 of the act or
				  the state implementation plan approved or promulgated by the administrator
				  under section 110 of the clean air act, as amended.
(2) The burning of solid waste, except for
				  the infrequent burning of agricultural wastes, silvicultural wastes,
				  land-clearing debris, diseased trees, or debris from emergency cleanup
				  operations, is prohibited at all type II landfills.
(3) The burning of waste specified in subrule
				  (2) of this rule shall be conducted only in designated areas with the
				  permission of the solid waste control agency and other appropriate authorities.
				  Suitable measures shall be available to extinguish accidental fires.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Solid Waste Management › Part 4 - MUNICIPAL SOLID WASTE LANDFILLS › Section R. 299.4435 - Type II landfill operation; run-on and runoff control systems

Current through Vol. 24-12, July 15, 2024
Rule 435.
(1) The
				  owner and operator of a type II landfill shall design, construct, and maintain
				  both of the following systems:
(a) A run-on
				  control system to prevent flow onto the active portion of the landfill during
				  the peak discharge from a 25-year, 24-hour storm.
(b) A runoff control system from the active
				  portion of the landfill to collect and control at least the water volume that
				  results from a 24-hour, 25-year storm.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Solid Waste Management › Part 4 - MUNICIPAL SOLID WASTE LANDFILLS › Section R. 299.4436 - Type II landfill operation; surface and groundwater performance requirements

Current through Vol. 24-12, July 15, 2024
Rule 436.
(1) The
				  operation of a type II landfill unit shall not do any of the following:
(a) Cause a discharge of pollutants into
				  waters of the United States, including wetlands, that is in violation of any of
				  the requirements of the federal clean water act, including the national
				  pollutant discharge elimination system (NPDES) requirements under section 402
				  of the federal clean water act.
(b)
				  Cause the discharge of a nonpoint source of pollution to waters of the United
				  States, including wetlands, that is in violation of any of the requirements of
				  an areawide or statewide water quality management plan that has been approved
				  under section 208 or 319 of the federal clean water act.
(c) Cause a discharge in violation of part 31
				  of the act or rules promulgated under part 31 of the act.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Solid Waste Management › Part 4 - MUNICIPAL SOLID WASTE LANDFILLS › Section R. 299.4437 - Landfill operation; leak detection systems

Current through Vol. 24-12, July 15, 2024
Rule 437.
(1) For
				  unmonitorable units, the secondary collection system is also a leak detection
				  system. To evaluate the performance of a leak detection system, the director
				  shall establish a response flow rate for each landfill cell that contains a
				  leak detection system in the operating license for the unit. The response flow
				  rate for a leak detection system is determined by the following criteria:
(a) By using a value of 200 gallons per acre
				  per day for A landfill design that has a primary liner which uses 2 feet or
				  more of compacted clay.This flow rate accounts for water from the consolidation
				  of clay or natural groundwater.
(b)
				  By using a value of 25 gallons per acre per day for A landfill design which has
				  A primary liner without 2 feet or more of compacted clay.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Solid Waste Management › Part 4 - MUNICIPAL SOLID WASTE LANDFILLS › Section R. 299.4438 - Type II landfill operation; recordkeeping requirements

Current through Vol. 24-12, July 15, 2024
Rule 438.
(1) The
				  owner and operator of a type II landfill unit shall record and retain, near the
				  facility in an operating record or in an alternative location approved by the
				  director, all of the following information as it becomes available:
(a) Any location restriction demonstration
				  that is required under this part.
(b) Inspection records, training procedures,
				  and notification procedures that are required under R 299.4430.
(c) Gas monitoring results from monitoring
				  and any remediation plans that are required under R 299.4433.
(d) Any type II landfill unit design
				  documentation for the placement of leachate or gas condensate in a type II
				  landfill unit as required by these rules.
(e) Any demonstration, certification,
				  finding, monitoring, testing, or analytical data required by these rules for
				  groundwater or secondary collection system monitoring.
(f) Records of the quantity of waste received
				  that are required to determine payments into the perpetual care fund.
(g) Closure and postclosure care plans and
				  any monitoring, testing, or analytical data required by these rules.
(h) Any cost estimates and financial
				  assurance documentation required by these rules.
(i) Test results documenting that class C
				  alternate daily cover material meets criteria established by the director for
				  daily cover.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Solid Waste Management › Part 4 - MUNICIPAL SOLID WASTE LANDFILLS › Section R. 299.4439 - Type II landfill groundwater monitoring and corrective action; applicability

Current through Vol. 24-12, July 15, 2024
Rule 439.
(1) The
				  requirements of R 299.4440 to R 299.4445 apply to all type II landfill units,
				  except as provided in subrules (2) and (6) of this rule.
(2) An owner or operator of a type II
				  landfill may petition the director to reduce or waive certain groundwater
				  monitoring requirements specified in R 299.4440 to R 299.4445 if the owner or
				  operator can demonstrate that there is no potential for the migration of
				  hazardous constituents from that type II landfill unit to the uppermost aquifer
				  during the active life of the unit and the post-closure care period. This
				  demonstration shall be certified by a qualified groundwater scientist and
				  approved by the director and shall be based upon both of the following:
(a) Site-specific field collected
				  measurements, sampling, and analysis of physical, chemical, and biological
				  processes that affect contaminant fate and transport.
(b) Contaminant fate and transport
				  predictions that maximize contaminant migration and consider impacts on human
				  health and the environment.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Solid Waste Management › Part 4 - MUNICIPAL SOLID WASTE LANDFILLS › Section R. 299.4440 - Type II landfill groundwater monitoring; detection monitoring program

Current through Vol. 24-12, July 15, 2024
Rule 440.
(1)
				  Detection monitoring is required at type II landfill units at all groundwater
				  monitoring wells defined in R 299.4906. At a minimum, a detection-monitoring
				  program for a type II landfill shall include monitoring for all of the
				  following constituents:
(a) The primary
				  indicators listed in R 299.4450, conductivity and pH, at least quarterly during
				  the active life and semiannually during the postclosure period, except as
				  provided for in subrules (5) and (6) of this rule.
(b) The following constituents listed at
				  least semiannually during the active life of the facility and the postclosure
				  period, except as provided in subrules (2) to (6) of this rule:
(i) Heavy metals that are listed in R
				  299.4452.
(ii) Primary volatile
				  organic constituents listed in R 299.4453.
(iii) Secondary organic constituents listed
				  in R 299.4454.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Solid Waste Management › Part 4 - MUNICIPAL SOLID WASTE LANDFILLS › Section R. 299.4441 - Type II landfill groundwater monitoring; assessment monitoring program

Current through Vol. 24-12, July 15, 2024
Rule 441.
(1)
				  Assessment monitoring is required at a type II landfill if a statistically
				  significant increase over background has been detected for 1 or more of the
				  constituents listed in R 299.4440.
(2) Within 60 days of the submittal of an
				  assessment monitoring program, and annually thereafter, the owner and operator
				  of a type II landfill shall sample the groundwater for analysis of all
				  constituents listed in R 299.4450 to R 299.4452 and 40 C.F.R part 258, appendix
				  II at an appropriate subset of monitoring wells approved by the director. A
				  minimum of 1 sample from each approved downgradient well shall be collected and
				  analyzed during each sampling event. For any constituent that is detected in
				  the downgradient wells as a result of the complete R 299.4450 to R 299.4452 and
				  appendix II constituent analysis, a minimum of 4 independent samples from each
				  background and downgradient well shall be collected and analyzed to establish
				  background for the constituents. The director shall consider anappropriate
				  subset of wells to be sampled and analyzed for R 299.4450 to R 299.4452 and
				  appendix II constituents during assessment monitoring. The director shall
				  delete any of the R 299.4450 to R 299.4452 and appendix II constituents for a
				  unit if it can be shown, based on leachate data, secondary collection system
				  monitoring, waste classification data, or other data, that the removed
				  constituents are not reasonably expected to be in or derived from the waste
				  contained in the unit or that the constituent is not a reliable indicator
				  parameter.
(3) The director shall
				  specify an appropriate frequency for repeated sampling and analysis for all of
				  the R 299.4450 to R 299.4452 and appendix II constituents for which sampling
				  and analysis are required by this rule during the active life, including
				  closure, and post-closure care of the unit. In specifying the frequency, the
				  director shall consider all of the following factors:
(a) The lithology of the aquifer and
				  unsaturated zone.
(b) The hydraulic
				  conductivity of the aquifer and unsaturated zone.
(c) Groundwater flow rates.
(d) The minimum distance between upgradient
				  edge of the unit and downgradient monitoring well screen.
(e) The nature of any constituents detected
				  in response to this rule.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Solid Waste Management › Part 4 - MUNICIPAL SOLID WASTE LANDFILLS › Section R. 299.4442 - Type II landfill groundwater monitoring; response action plan

Current through Vol. 24-12, July 15, 2024
Rule 442.
(1) The
				  owner and operator of a type II landfill unit that is required to prepare a
				  response action plan shall identify all of the following:
(a) Possible sources of
				  contamination.
(b) Interim response
				  activities taken or to be taken to control possible sources of
				  contamination.
(c) For units that
				  the owner or operator concludes are probable sources of contamination, a
				  schedule for terminating waste receipt, for initiating closure at units, and
				  for redesigning and constructing new units that have leak detection systems.
				  The schedule shall be based on all of the following:
(i) The concentration of hazardous
				  substances.
(ii) The rate of
				  migration.
(iii) Risks to human
				  health and the environment, including the proximity of drinking water
				  supplies.
(iv) The practicality of
				  initiating closure.
(v) The
				  availability of other disposal locations.
(vi) Other relevant factors.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Solid Waste Management › Part 4 - MUNICIPAL SOLID WASTE LANDFILLS › Section R. 299.4443 - Type II landfill corrective action; assessment of corrective measures

Current through Vol. 24-12, July 15, 2024
Rule 443.
(1)
				  Within 90 days of finding that any hazardous substances have been detected at a
				  statistically significant level, and exceed the groundwater protection
				  standards defined in R 299.4441, the owner and operator of a type II landfill
				  shall initiate an assessment of corrective measures. Such an assessment shall
				  be completed within a reasonable period of time approved by the
				  director.
(2) The owner and
				  operator shall continue to monitor in accordance with the assessment-monitoring
				  program as specified in R 299.4441.
(3) The assessment or corrective measures
				  shall be in compliance with the requirements for feasibility studies contained
				  in part 201 of the act and shall include an analysis of the effectiveness of
				  potential corrective measures in meeting all of the requirements and objectives
				  of the remedy.The analyses shall address all of the following areas:
(a) The performance, reliability, ease of
				  implementation, and potential impacts of appropriate potential remedies,
				  including safety impacts, cross-media impacts, and control of exposure to any
				  residual contamination.
(b) The
				  time required to begin and complete the remedy.
(c) The costs of remedy
				  implementation.
(d) The
				  institutional requirements, such as state or local permit requirements or other
				  environmental or public health requirements, that may substantially affect
				  implementation of the remedy or remedies.