reglab/statecodes huggingface dataset:
Michigan Administrative Code › Department - Environmental Quality › Oil, Gas & Minerals Division › Part 632, Nonferrous Metallic Mineral Mining › Part 3 - FINANCIAL ASSURANCE › Section R. 425.302 - Assurance instruments

Current through Vol. 24-12, July 15, 2024
Rule 302.
(1) An
				  assurance instrument shall consist of any of the following:
(a) A trust fund or escrow account as
				  described in R 425.303.
(b) A
				  surety bond as described in R 425.304.
(c) An irrevocable letter of credit as
				  described in R 425.305.
(d) A
				  certificate of deposit or time deposit account as described in R
				  425.306.
(e) Other equivalent
				  financial instruments approved by the department.
Michigan Administrative Code › Department - Environmental Quality › Oil, Gas & Minerals Division › Part 632, Nonferrous Metallic Mineral Mining › Part 3 - FINANCIAL ASSURANCE › Section R. 425.303 - Trust fund or escrow account

Current through Vol. 24-12, July 15, 2024
Rule 303.
(1)
				  Subject to R 425.301, an operator may satisfy all or a portion of the financial
				  assurance requirements by establishing a trust fund that conforms to the
				  requirements of this rule. The trustee shall be a bank or other financial
				  institution that has the authority to act as a trustee and whose trust
				  operations are subject to federal or state oversight. The trust agreement shall
				  be executed on a form approved by the department and shall designate the
				  department as the sole beneficiary.
(2) Subject to R 425.301, an operator may
				  satisfy all or a portion of the financial assurance requirements by
				  establishing an escrow account that conforms to the requirements of this rule.
				  The escrow account shall be maintained by a bank or other financial institution
				  whose account operations are subject to federal or state oversight.
(3) Investments of the trust fund shall be
				  reviewed and approved by the department and may include the following fixed
				  income investments:
(a) U.S. treasury
				  obligations.
(b) State issued
				  securities.
(c) Time
				  deposits.
(d) Other investments of
				  similar risk as approved by the department.
Michigan Administrative Code › Department - Environmental Quality › Oil, Gas & Minerals Division › Part 632, Nonferrous Metallic Mineral Mining › Part 3 - FINANCIAL ASSURANCE › Section R. 425.304 - Surety bond

Current through Vol. 24-12, July 15, 2024
Rule 304.
(1)
				  Subject to R 425.301, an operator may satisfy all or a portion of the financial
				  assurance requirements by obtaining a surety bond that is executed on a form
				  approved by the department and that conforms to the requirements of this rule.
The surety company issuing the surety bond shall, at a
					 minimum, be among those listed as acceptable sureties on federal bonds in
					 circular 570 of the United States department of the treasury.
(2) The surety company shall not be liable
				  for deficiencies in the performance of reclamation, remediation, and
				  postclosure monitoring, by the permittee after the department releases the
				  surety bond or releases the permittee from the requirements of part 632 of the
				  act.
Michigan Administrative Code › Department - Environmental Quality › Oil, Gas & Minerals Division › Part 632, Nonferrous Metallic Mineral Mining › Part 3 - FINANCIAL ASSURANCE › Section R. 425.305 - Irrevocable letter of credit

Current through Vol. 24-12, July 15, 2024
Rule 305.
(1)
				  Subject to R 425.301, an operator may satisfy all or a portion of the financial
				  assurance requirements by obtaining an irrevocable letter of credit that
				  conforms to the requirements of this rule and is executed on a form approved by
				  the department. The issuing institution shall be a bank or financial
				  institution which has the authority to issue letters of credit and whose letter
				  of credit operations are regulated and examined by a federal or state
				  agency.
(2) The letter of credit
				  shall include all of the following information:
(a) The name of the operator.
(b) The name and address of the
				  mine.
(c) The amount of funds
				  assured for reclamation, remediation, and postclosure monitoring by the letter
				  of credit.
Michigan Administrative Code › Department - Environmental Quality › Oil, Gas & Minerals Division › Part 632, Nonferrous Metallic Mineral Mining › Part 3 - FINANCIAL ASSURANCE › Section R. 425.306 - Certificate of deposit or time deposit account

Current through Vol. 24-12, July 15, 2024
Rule 306.
(1)
				  Subject to R 425.301, an operator may satisfy all or a portion of the financial
				  assurance requirements by placing funds in an insured, non-negotiable
				  certificate of deposit or time deposit account held by a bank or other
				  financial institution regulated and examined by a federal or state agency. The
				  value of the certificate of deposit or time deposit account shall be insured by
				  an agency of the United States government, unless otherwise approved by the
				  department.
(2) The certificate or
				  account shall be in the sole name of the director of the department.
Michigan Administrative Code › Department - Environmental Quality › Oil, Gas & Minerals Division › Part 632, Nonferrous Metallic Mineral Mining › Part 3 - FINANCIAL ASSURANCE › Section R. 425.307 - Statement of financial responsibility

Current through Vol. 24-12, July 15, 2024
Rule 307.
(1) The
				  statement of financial responsibility under R 425.301(3) shall consist of the
				  following:
(a) A written statement signed by
				  the operator's chief financial officer that lists data that show that the
				  operator meets the criteria specified in subrule (2) of this rule, and states
				  that the data are derived from an independently audited year-end financial
				  statement.
(b) An independent
				  certified public accountant's report on examination of the operator's financial
				  statement for the latest completed fiscal year stating that the accountant has
				  compared the data listed in the statement provided under subdivision (a) of
				  this subrule with the amounts in the corresponding year-end financial statement
				  and that the accountant asserts the operator's statement of financial
				  responsibility meets the criteria of subrule (2) of this rule and nothing came
				  to the attention of the accountant that caused the accountant to believe that
				  the financial statements should be adjusted.
Michigan Administrative Code › Department - Environmental Quality › Oil, Gas & Minerals Division › Part 632, Nonferrous Metallic Mineral Mining › Part 3 - FINANCIAL ASSURANCE › Section R. 425.308 - Financial assurance; update

Current through Vol. 24-12, July 15, 2024
Rule 308.
(1) A
				  permittee shall update the calculation of the cost to administer, and to hire a
				  third party to implement, the reclamation, remediation, and postclosure
				  monitoring required under R 425.301(2) every 3 years or as the department
				  determines to be necessary. The update shall include the following:
(a) A description of the reclamation and
				  postclosure monitoring completed since the last update.
(b) An estimate of the cost to administer,
				  and to hire a third party to implement, reclamation under the mining,
				  reclamation, and environmental protection plan that has not been completed, as
				  well as necessary environmental protection measures, including remediation of
				  any contamination of the air, surface water, or groundwater that is in
				  violation of the mining permit.
(c)
				  The effects of inflation on the costs of reclamation and postclosure
				  monitoring.
Michigan Administrative Code › Department - Environmental Quality › Oil, Gas & Minerals Division › Part 632, Nonferrous Metallic Mineral Mining › Part 3 - FINANCIAL ASSURANCE › Section R. 425.309 - Final release of financial assurance

Current through Vol. 24-12, July 15, 2024
Rule 309.
(1) A
				  permittee may file an application with the department for final release of
				  financial assurance upon termination of the permit.
(a) Within 30 days after receipt of an
				  application for termination of financial assurance, the department shall reach
				  a proposed decision to grant or deny the application based on inspection and
				  review to determine compliance with requirements for termination of the permit,
				  and shall provide notice of the proposed decision to any interested person who
				  has requested notice.
(b) The
				  department shall grant or deny an application for termination of financial
				  assurance not less than 30 days or more than 45 days after providing the notice
				  required under subdivision (a) of this subrule.
(c) If the department grants the application,
				  the department shall within 30 days release cash to the permittee or securities
				  to the institution that provided the assurance instrument.
(d) If the department denies the application,
				  then the department shall notify the permittee in writing, stating the reasons
				  for denial and recommending corrective actions necessary to secure the
				  termination.
Michigan Administrative Code › Department - Environmental Quality › Oil, Gas & Minerals Division › Part 632, Nonferrous Metallic Mineral Mining › Part 4 - MINING OPERATIONS › Section R. 425.401 - Notice of commencement of mining

Current through Vol. 24-12, July 15, 2024
Rule 401.
(1) A
				  permittee proposing to begin mining shall submit written notice to the
				  department of the date mining will commence at least 30 days before commencing
				  new mining activities.
(2) A
				  permittee who has ceased all mining activities for a period of 90 days or more
				  shall submit written notice to the department of the date mining activities
				  will resume at least 30 days before resumption of mining activities.
Michigan Administrative Code › Department - Environmental Quality › Oil, Gas & Minerals Division › Part 632, Nonferrous Metallic Mineral Mining › Part 4 - MINING OPERATIONS › Section R. 425.402 - Safety measures

Current through Vol. 24-12, July 15, 2024
Rule 402. If hazards to life or property, or both, exist
					 within a mining area, then the permittee shall post safety signs in conspicuous
					 places around the site of the hazard. The permittee shall utilize fencing,
					 gates, or other measures to safeguard the public from unauthorized entry into
					 shafts, adits, portals, or other openings between the land surface and
					 underground workings. The department may require the installation of fences,
					 gates, or other safety measures not inconsistent with other laws or
					 regulations.
Michigan Administrative Code › Department - Environmental Quality › Oil, Gas & Minerals Division › Part 632, Nonferrous Metallic Mineral Mining › Part 4 - MINING OPERATIONS › Section R. 425.403 - Percolation leaching; requirements

Current through Vol. 24-12, July 15, 2024
Rule 403. A person shall not conduct percolation leaching
					 as a nonferrous metallic mining activity until such time as this rule is
					 amended to establish standards and criteria for percolation
					 leaching.
Michigan Administrative Code › Department - Environmental Quality › Oil, Gas & Minerals Division › Part 632, Nonferrous Metallic Mineral Mining › Part 4 - MINING OPERATIONS › Section R. 425.404 - Commencement of reclamation

Current through Vol. 24-12, July 15, 2024
Rule 404.
(1) If a
				  permittee has ceased all mining and beneficiation for a continuous period
				  exceeding 90 days, the permittee shall notify the department and shall take
				  actions to maintain, monitor, and secure the mining area and shall conduct any
				  interim sloping or stabilizing of surfaces necessary to protect the
				  environment, natural resources, or public health and safety in accordance with
				  the mining permit.
(2) A permittee
				  shall begin final reclamation of a mining area within 3 years of the date of
				  cessation of mining and beneficiation unless the department has granted an
				  extension of time to begin final reclamation.
(3) A permittee shall complete reclamation of
				  a mining area within the time in the approved mining, reclamation, and
				  environmental protection plan unless the department has granted an extension of
				  time under subrule (4) of this rule to complete final reclamation.
(4) A permittee may submit a written request
				  to the department for an extension of time to begin or complete final
				  reclamation. The department shall grant the request if the permittee shows good
				  cause for the extension and the department determines the extension will not
				  cause a threat of damage to the environment, natural resources, or public
				  health and safety. If the reason for the request for extension is economics of
				  the mining operation, then the permittee shall provide justification in the
				  form of projections of metal prices, pending technological improvements, or
				  other reasons demonstrating a likelihood that the mine may become economic at a
				  future time. The term of an extension shall not be more than 12 months. The
				  department may grant additional extensions subject to the provisions of this
				  rule. When approving extensions, the department may require the permittee to
				  conduct interim reclamation activities and monitoring that the department finds
				  necessary to implement the purposes of the act.
(5) A permittee shall, to the extent
				  feasible, conduct reclamation activities concurrently with the mining
				  operation, and in any event shall initiate reclamation activities at the
				  earliest possible time after cessation of mining activities in any portion of
				  the mining area.
Michigan Administrative Code › Department - Environmental Quality › Oil, Gas & Minerals Division › Part 632, Nonferrous Metallic Mineral Mining › Part 4 - MINING OPERATIONS › Section R. 425.405 - Notice and approval of completed reclamation

Current through Vol. 24-12, July 15, 2024
Rule 405.
(1) A
				  permittee shall submit written notice to the department upon completion of
				  reclamation work on the mining area or portions thereof.
(2) The department shall proceed promptly to
				  make its determination as to the approval of the reclamation work and shall
				  notify the permittee in writing of either the approval of the work or all
				  reasons for disapproval.
(3)
				  Approval of vegetative cover shall not be granted until the planting has
				  survived at least 2 growing seasons with reasonable assurances of being
				  self-sustaining.
Michigan Administrative Code › Department - Environmental Quality › Oil, Gas & Minerals Division › Part 632, Nonferrous Metallic Mineral Mining › Part 4 - MINING OPERATIONS › Section R. 425.406 - Protection of water

Current through Vol. 24-12, July 15, 2024
Rule 406.
(1) A
				  permittee shall conduct groundwater and surface water monitoring according to
				  the approved monitoring plan as described in R 425.203(g) during mining
				  operations and during the postclosure monitoring period.
(2) An operator shall design, construct, and
				  abandon a monitoring well as prescribed in R 323.2223(4).
(3) Water monitoring shall include the
				  collection of water quality samples from groundwater and surface water,
				  groundwater levels, and surface water levels and discharge rates. The design of
				  the water monitoring systems shall be based on all of the following:
(a) The environmental impact
				  assessment.
(b) The local geology
				  and hydrology.
(c) Groundwater and
				  surface water conditions specific to each activity.
Michigan Administrative Code › Department - Environmental Quality › Oil, Gas & Minerals Division › Part 632, Nonferrous Metallic Mineral Mining › Part 4 - MINING OPERATIONS › Section R. 425.407 - Postclosure monitoring

Current through Vol. 24-12, July 15, 2024
Rule 407. The postclosure monitoring period shall be 20
					 years following completion and approval of reclamation, subject to the
					 following conditions:
(1) The
				  permittee shall provide to the department a written request to terminate the
				  postclosure monitoring not less than 18 months before the proposed termination
				  date and shall provide the department with technical data and information
				  demonstrating the basis for the termination. The department shall extend the
				  postclosure monitoring period in increments of up to 20 years unless the
				  department determines, approximately 1 year before the end of a postclosure
				  monitoring period or postclosure incremental monitoring period, that there is
				  no significant potential for water contamination resulting from the mining
				  operation.
(2) The department may
				  shorten the postclosure monitoring period at any time upon determining that
				  there is no significant potential for water contamination resulting from the
				  mining operation.
(3) The
				  department may extend or shorten the postclosure monitoring period only after
				  public notice and opportunity for a public hearing.
Michigan Administrative Code › Department - Environmental Quality › Oil, Gas & Minerals Division › Part 632, Nonferrous Metallic Mineral Mining › Part 4 - MINING OPERATIONS › Section R. 425.408 - Inspections by department

Current through Vol. 24-12, July 15, 2024
Rule 408.
(1) The
				  department may enter at all reasonable times in or upon a mining area for the
				  purpose of inspecting and investigating conditions relating to the operation of
				  a mining area.
(2) If the
				  department receives an allegation of improper action under or a violation of
				  part 632 of the act, these rules, or a mining permit, and the person making the
				  allegation provides evidence or corroboration sufficient to support the
				  allegation, as determined by the department, the department shall do all of the
				  following:
(a) Make a record of the
				  allegation.
(b) Conduct an
				  inspection of the mining operation to investigate the allegation not more than
				  5 business days after receipt of the complaint or allegation.
(c) Not more than 15 business days after
				  completing an investigation of the allegation, provide a written report of the
				  allegation and the results of the investigation to the operator and the person
				  who made the allegation.
Michigan Administrative Code › Department - Environmental Quality › Oil, Gas & Minerals Division › Part 632, Nonferrous Metallic Mineral Mining › Part 4 - MINING OPERATIONS › Section R. 425.409 - Treatment and containment of reactive materials

Current through Vol. 24-12, July 15, 2024
Rule 409. An operator shall manage overburden, ore, waste
					 rock, peripheral rock, and tailings determined to be reactive under R
					 425.203(c)(v) in accordance with this rule and in a manner that is designed to
					 reasonably minimize actual and potential adverse impacts on groundwater and
					 surface water by preventing leaching or runoff of acid-forming waste products
					 and other waste products from the mining process.
(a) An operator shall design, construct, and
				  operate stockpiles or storage facilities for reactive overburden, ore, waste
				  rock, or tailings in compliance with paragraph (i) or (ii) of this subdivision.
(i) A stockpile or storage facility shall
				  meet the following requirements:
(A) A
				  stockpile or storage facility shall have a composite liner system comprised of
				  a flexible synthetic membrane that is not less than 60 mils thick and a layer
				  of at least 3 feet of compacted soil having a maximum hydraulic conductivity of
				  1.0 X 10-7 cm/sec.
(B) The
				  department may approve an alternative liner system that uses other materials or
				  designs, including modified soil liners, or technologically advanced systems
				  only if the operator provides data to demonstrate the alternative is capable of
				  providing equivalent or better protection as compared to the requirements under
				  subparagraph (A).
(C) A stockpile
				  or storage facility shall have a leachate collection system.The system shall be
				  designed, constructed, and operated to limit the hydraulic head at the lowest
				  point in the system to not more than 1 foot, excluding the collection sump,
				  after construction.
(D) A stockpile
				  or storage facility shall have a leak detection system.
(E) The liner, leachate collection system,
				  and leak detection system shall be tested before the placement of overburden,
				  ore, waste rock, or tailings into the facility.
(F) A cover shall be employed to isolate the
				  reactive overburden, ore, or waste rock from precipitation and air as soon as
				  practicable.
(G) A registered
				  professional engineer or other qualified individual shall certify the proper
				  design, construction, and testing of all liners, covers, and leachate
				  collection systems required by this paragraph. The permittee shall submit the
				  certification to the department and shall not begin placement of ore, waste
				  rock, overburden, or tailings in the storage facility until approved by the
				  department.
Michigan Administrative Code › Department - Environmental Quality › Oil, Gas & Minerals Division › Part 632, Nonferrous Metallic Mineral Mining › Part 5 - REPORTS › Section R. 425.501 - Mining and reclamation report

Current through Vol. 24-12, July 15, 2024
Rule 501.
(1) A
				  permittee shall file an annual mining and reclamation report with the
				  department; the city, village, or township where the proposed mining operation
				  is located; and the Indian governing body having jurisdiction over an Indian
				  reservation containing all or part of the mining area or affected area. The
				  report shall be filed in printed and electronic format on or before March 15 of
				  each year during the period the mine is operating and during the postclosure
				  monitoring period. The department shall post a copy of the report on the
				  department website. The report shall contain all of the following:
(a) A map or maps drawn to an appropriate
				  scale on a topographic base and referenced to the nearest government-surveyed
				  section or quarter-section lines, accompanied by appropriate documents or
				  notations, depicting and describing all of the following as they existed on
				  December 31 of the previous year:
(i) The
				  locations and dimensions of portals, shafts, or other openings between the land
				  surface and underground mine workings.
(ii) The location, depth, and contours or
				  slopes of surface pits, underground mine excavations, or both.
(iii) The location of buildings, equipment,
				  roads, railroad spurs, power supplies, fuel storage, or other pertinent
				  features within the mining area.
(iv) Overburden, waste rock, and ore
				  stockpiles.
(v) Settling ponds and
				  tailings disposal areas.
(vi)
				  Drainage control structures and grading.
(vii) Areas that the permittee has reclaimed
				  during the past calendar year.
(viii) Areas that the permittee anticipates
				  will be reclaimed during the current calendar year.
(ix) The name of the person or persons
				  responsible for the preparation of the report, and the date of
				  preparation.
Michigan Administrative Code › Department - Environmental Quality › Oil, Gas & Minerals Division › Part 632, Nonferrous Metallic Mineral Mining › Part 5 - REPORTS › Section R. 425.502 - Update of contingency plan

Current through Vol. 24-12, July 15, 2024
Rule 502. In addition to the annual update of the
					 contingency plan required in R 425.501(1)(b), a permittee shall promptly
					 provide an update of the contingency plan to the department and the local
					 emergency management coordinator whenever either of the following
					 occurs:
(a) A change of the
				  notification process or local representatives of the permittee.
(b) A substantial change in the site
				  conditions or equipment noted on the plan.
Michigan Administrative Code › Department - Environmental Quality › Oil, Gas & Minerals Division › Part 632, Nonferrous Metallic Mineral Mining › Part 5 - REPORTS › Section R. 425.503 - Report of incident

Current through Vol. 24-12, July 15, 2024
Rule 503.
(1) A
				  permittee shall promptly notify the department, and each emergency management
				  coordinator having jurisdiction over the affected area, of any incident, act of
				  nature, or exceedance of a permit standard or condition at a mining operation
				  that has created, or may create, a threat to the environment, natural
				  resources, or public health and safety.
(a)
				  The notification shall be made as soon as possible following the incident, act
				  of nature, or exceedance, by telephone or in person, to an authorized
				  representative of the department during normal business hours or to the
				  department pollution emergency alerting system between 5 p.m.and 8 a.m. and on
				  weekends and holidays.
(b) The
				  permittee shall submit to the department a detailed written incident report
				  giving the particulars of the incident, act of nature, or exceedance within 10
				  days of discovery. The report shall include all of the following information,
				  to the extent known:
(i) The name of
				  permittee.
(ii) The name of the
				  person reporting the incident, act of nature, or exceedance.
(iii) The date and time of the incident, act
				  of nature, or exceedance.
(iv) The
				  nature of the incident, act of nature, or exceedance.
(v) The nature and degree of the threat to
				  the environment, natural resources, or public health or safety.
(vi) Response actions taken or
				  planned.
(c) If the
				  response to the incident, act of nature, or exceedance is not concluded at the
				  time the incident report is filed as required by subdivision (b) of this
				  subrule, then the permittee shall submit to the department a written final
				  incident report within 30 days after the incident response is concluded. The
				  final incident report shall contain a summary of the initial incident report
				  and an account of all response actions taken. If the final response to the
				  incident, act of nature, or exceedance is not concluded within 30 days, then
				  the department may require periodic progress reports.
Michigan Administrative Code › Department - Environmental Quality › Oil, Gas & Minerals Division › Part 632, Nonferrous Metallic Mineral Mining › Part 6 - MEETINGS AND HEARINGS › Section R. 425.601 - Public meetings on prospective mining operations

Current through Vol. 24-12, July 15, 2024
Rule 601. The department may hold a public meeting or
					 meetings at any time after it determines that there is a reasonable likelihood
					 that a person will apply for a permit authorizing mining operations regulated
					 under part 632 of the act. The purpose of the public meeting or meetings shall
					 be to provide information on the regulation of nonferrous metallic mineral
					 mining and to receive public comment on prospective nonferrous metallic mineral
					 mining operations. This rule shall not prevent a local unit of government from
					 taking any lawful action under section 63203(4) of the act.
Michigan Administrative Code › Department - Environmental Quality › Oil, Gas & Minerals Division › Part 632, Nonferrous Metallic Mineral Mining › Part 6 - MEETINGS AND HEARINGS › Section R. 425.602 - Contested case hearing

Current through Vol. 24-12, July 15, 2024
Rule 602.
(1) Any
				  person who is aggrieved by an order, action, or inaction of the department or
				  by the issuance, denial, revocation, termination, or amendment of a mining
				  permit under part 632 of the act may file a petition for a contested case
				  hearing with the department. Following the filing of a petition, the State
				  Office of Administrative Hearings and Rules shall conduct a hearing and issue a
				  proposal for decision in accordance with provisions for contested cases in 1969
				  PA 306, MCL 24.201 et seq. and R 324.1 to R 324.81. Unless waived by the
				  parties, the department shall issue a final decision on a petition for a
				  contested case hearing within 6 months after receiving the petition.
(2) A determination, action, or inaction by
				  the department following a contested case hearing shall be subject to judicial
				  review as provided in 1969 PA 306, MCL 24.201 et seq.
(3) A petition shall be in writing and shall
				  set forth the basis for the filing of the petition. A petition filed more than
				  60 days after the petitioner knew, or reasonably should have known, of an
				  order, action, or inaction of the department or a decision on a mining permit
				  may be rejected as being untimely.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Solid Waste Management › Part 1 - GENERAL PROVISIONS › Section R. 299.4101 - Definitions; A, B

Current through Vol. 24-12, July 15, 2024
Rule 101. As used in these rules:
(a) "AASHTO" means American association of
				  state highway and transportation officials.
(b) "Act" means 1994 PA 451, MCL 324.101 to
				  324.90106, and known as the natural resources and environmental protection
				  act.
(c) "Act 299" means 1980 PA
				  299, MCL 339.101 to 339.2919, and known as the occupational code.
(d) "Act 399" means 1976 PA 399, MCL 325.1001
				  to 325.1023, and known as the safe drinking water act.
(e) "Active life" means the period of
				  operation beginning with the initial receipt of solid waste and ending with the
				  completion of closure activities in accordance with the act and these
				  rules.
(f) "Active portion" means
				  that part of a facility or unit that has received or is
receiving
				  wastes and that has not been partially or finally closed in accordance
				  with
these rules. The active portion does not include areas that have
				  interim cover which complies with R 299.4429(7) or a constructed unit or
				  portion of a unit that has not received waste.
(g) "Active work area" means the area which
				  is or will be used for the storage, transport, or disposal of solid waste,
				  methane gas, or leachate or in which heavy equipment is or will be used as part
				  of the landfill operation. The active work area includes all of the following:
(i) The active portion.
(ii) Leachate collection and storage systems,
				  exclusive of any of the following:
(A)
				  Forcemains.
(B) Sewers.
(C) Enclosed manholes.
(D) Sewer hookups.
(iii) Gas collection and handling systems,
				  exclusive of any of the following:
(A)
				  Enclosed flares.
(B) Energy
				  recovery facilities.
(C) Pipelines
				  for gas and gas condensate associated with energy recovery
				  facilities.
(iv) Heavy
				  equipment storage and maintenance areas and borrow area in which heavy
				  equipment is or will be used.
(v)
				  Haul roads used for waste transport, exclusive of the entrance and
				  scales.
(vi) Any on-site processing
				  plant.
(vii) Other operations that
				  involve the storage or disposal of solid waste or leachate. Operations that do
				  not involve the storage or disposal of solid waste or leachate, such as any of
				  the following, are not part of the active work area:
(A) Monitoring wells.
(B) Access roads.
(C) Berms.
(D) Screening.
(E) Stormwater retention ponds.
(F) Light duty maintenance
				  buildings.
(G) Office
				  buildings.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Solid Waste Management › Part 1 - GENERAL PROVISIONS › Section R. 299.4102 - Definitions; C to E

Current through Vol. 24-12, July 15, 2024
Rule 102. As used in these rules:
(a) "Closed unit" means a landfill unit at
				  which final closure has been completed and certified in accordance with R
				  299.4317 or R 299.4449.
(b)
				  "Commercial waste" means all types of solid waste generated by stores, offices,
				  restaurants, warehouses, and other nonmanufacturing activities, but does not
				  include household waste from single residences, hazardous waste, and industrial
				  wastes. Commercial waste includes solid waste from any of the following:
(i) Multiple residences.
(ii) Hotels and motels.
(iii) Bunkhouses.
(iv) Ranger stations.
(v) Crew quarters.
(vi) Campgrounds.
(vii) Picnic grounds.
(viii) Day-use recreation areas.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Solid Waste Management › Part 1 - GENERAL PROVISIONS › Section R. 299.4103 - Definitions; F to L

Current through Vol. 24-12, July 15, 2024
Rule 103. As used in these rules:
(a) "Facility" means a solid waste disposal
				  area as defined in R 299.4106a.
(b)
				  "Floodplain" means the lowland and relatively flat areas which adjoin inland
				  and coastal waters and which are inundated by the 100-year flood. The 100-year
				  flood is a flood that has a 1% or greater chance of recurring in any given year
				  or a flood of a magnitude equaled or exceeded once in 100 years on the average
				  over a significantly long period.
(c) "Floodway" means the channel of a
				  watercourse and those portions of the floodplain adjoining the channel that are
				  reasonably required to transmit the 100-year flood.
(d) "Food processing wastes" means solid
				  wastes that result from processing fruits and vegetables for preservation by
				  freezing, drying, or canning.
(e)
				  "General public" means private citizens who are unlikely to incur a financial
				  gain or loss greater than that of an average homeowner, taxpayer, or consumer
				  as a result of any action taken by a planning committee.
(f) "Geologist" or "qualified groundwater
				  scientist" means a scientist or engineer who has received a baccalaureate or
				  postgraduate degree in the natural sciences or engineering and who has
				  sufficient training and experience in groundwater hydrology and related fields,
				  as demonstrated by state registration, professional certifications, or
				  completion of accredited university programs, to make sound professional
				  judgments regarding groundwater monitoring, contaminant fate and transport, and
				  corrective action.
(g) "Geotextile"
				  means any permeable material that is used with foundation, soil, rock, earth,
				  or any other geotechnical engineering-related material as an integral part of a
				  man-made structure or system.
(h)
				  "Groundwater" means water below the land surface in a zone of
				  saturation.
(i) "Groundwater level"
				  means the surface of the groundwater in the uppermost aquifer in unconfined
				  conditions or the bottom of the confining bed in confined conditions.
(j) "Hazardous substance" means a hazardous
				  substance as defined in part 201 of the act.
(k) "Household waste" means any solid waste
				  that is derived from single households, but does not include any of the
				  following:
(i) Commercial waste.
(ii) Industrial waste.
(iii) Construction and demolition
				  waste.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Solid Waste Management › Part 1 - GENERAL PROVISIONS › Section R. 299.4104 - Definitions; M to R

Current through Vol. 24-12, July 15, 2024
Rule 104. As used in these rules:
(a) "Medical waste" means waste as defined in
				  section 13825 of 1978 PA 368, MCL 333.13825.
(b) "Method detection limit" means the
				  minimum concentration of a substance which can be measured and reported with
				  99% confidence, for which the analyte concentration is greater than zero, and
				  which is determined from analysis of a sample in a given matrix that contains
				  the analyte.
(c) "Monitorable unit"
				  means a landfill unit for which it is possible to determine the unit's impact
				  on groundwater using groundwater monitoring. A unit remains a monitorable unit
				  in any of the following circumstances:
(i) A
				  units monitoring system detects hazardous substances above background, but the
				  owner or operator demonstrates that the source of hazardous substances is not a
				  landfill unit at or adjacent to the facility and that other substances that do
				  not exceed background can be used as reliable indicators of leakage from the
				  unit.
(ii) The unit is constructed
				  over or adjacent to an open dump or another unit, but an impact on the
				  groundwater has not been detected from the open dump or another unit.
(iii) The director waives groundwater
				  monitoring for the unit.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Solid Waste Management › Part 1 - GENERAL PROVISIONS › Section R. 299.4105 - Definitions; S to W

Current through Vol. 24-12, July 15, 2024
Rule 105. As used in these rules:
(a) "Sanitary landfill" means a type of
				  disposal area consisting of 1 or more landfill units and the active work areas
				  associated with these units. Sanitary landfills shall be classified as 1 of the
				  following types of landfills:
(i) A type II
				  landfill, which is a municipal solid waste landfill and includes a municipal
				  solid waste incinerator ash landfill.
(ii) A type III landfill, which is any
				  landfill that is not a municipal solid waste landfill or hazardous waste
				  landfill and includes all of the following:
(A) Construction and demolition waste
				  landfills.
(B) Industrial waste
				  landfills.
(C) Landfills which
				  accept waste other than household waste, municipal solid waste incinerator ash,
				  or hazardous waste from conditionally exempt small quantity
				  generators.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Solid Waste Management › Part 1 - GENERAL PROVISIONS › Section R. 299.4106a - Definitions of terms used in act

Current through Vol. 24-12, July 15, 2024
Rule 106a. As used in the act:
(a) "Approved hydrogeologic monitoring
				  program" means a monitoring program which is approved by the director and which
				  is in compliance under R 299.4905.
(b) "Compost" means organic matter from yard
				  clippings or compostable materials that have undergone biological decomposition
				  by composting, that have been stabilized to a degree that it is potentially
				  beneficial to plant growth without creating a nuisance, and that are used or
				  sold for use as a soil amendment, artificial topsoil, or growing medium
				  amendment or for other similar uses.
(c) "Conversion" means the process by which
				  any of the following is recycled into marketable raw materials or new products:
(i) Glass.
(ii) Metal.
(iii) Wood.
(iv) Paper products.
(v) Plastics.
(vi) Rubber.
(vii) Textiles.
(viii) Garbage.
(ix) Yard clippings.
(x) Other materials approved by the
				  department.
Conversion includes the composting of yard clippings and
					 compostable material in accordance with these rules, but does not include the
					 speculative accumulation of the materials specified in this subdivision.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Solid Waste Management › Part 1 - GENERAL PROVISIONS › Section R. 299.4107 - Construction permit; applicability; permit modification; incomplete application

Current through Vol. 24-12, July 15, 2024
Rule 107.
(1) A
				  person shall not establish a new disposal area without receiving a construction
				  permit from the director, except as provided in the act and these
				  rules.
(2) A person who applies for
				  a modification of a construction permit shall submit an application on a form
				  provided by the department. The application shall include both revised
				  engineering plans for the effected changes that comply with these rules and the
				  fee required by the act. An application for a modification is not required to
				  contain other information required for a new disposal area by the act and these
				  rules. An application for a construction permit modification shall be reviewed
				  in accordance with sections 11510 and 11511 of the act.
(3) A person shall not construct a disposal
				  area contrary to a construction permit or plans approved before January 11,
				  1979, unless the change is approved by the director. Changes to approved plans
				  that do not constitute a new disposal area or a modification may be approved by
				  the director or his or her designee without following the process specified by
				  section 11510 and section 11511 of the act.
(4) The statutory review periods set forth in
				  sections 11511 and 11516 of the act shall not commence until the director, his
				  or her designated representative, or a certified health department determines
				  that an application is administratively complete in that it includes all
				  submittals that are specified in the act and these rules. The determination
				  shall be made and acknowledged within 15 working days of receipt of an
				  application by the certified health department or the director. An application
				  that is determined to be administratively incomplete shall be returned to the
				  applicant, without prejudice, specifically listing those items that are
				  required to make the application complete, together with all filing fees,
				  within 15 working days of receipt by the certified health department or the
				  director.
(5) A determination by a
				  certified health department, the director, or his or her designee that an
				  application is complete shall not be construed as a determination that the
				  application is in compliance with all of the requirements of the act and these
				  rules.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Solid Waste Management › Part 1 - GENERAL PROVISIONS › Section R. 299.4109 - Rescission

Current through Vol. 24-12, July 15, 2024
Rule 109. R 325.2701 and R 325.2702 (formerly R 325.1101
					 and R 325.1102), R 325.2721 to R 325.2723 (formerly R 325.1103 to R 325.1105),
					 R 325.2731 to R 325.2735 (formerly R 325.1106 to R 325.1110), and R 325.2741 to
					 R 325.2789, appearing on pages 1966 to 1982 of the 1979 Michigan Administrative
					 Code, are rescinded.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Solid Waste Management › Part 1 - GENERAL PROVISIONS › Section R. 299.4110 - "Other wastes regulated by statute" defined

Current through Vol. 24-12, July 15, 2024
Rule 110. As provided by section 11506 of the act, the
					 following wastes are "other wastes regulated by statute" and are exempt from
					 regulation as solid wastes under part 115 of the act:
(a) Hazardous waste regulated under part 111
				  of the act.
(b) Waste which is
				  contaminated by polychlorinated biphenyls and which is disposed of in a
				  facility that is licensed under TSCA.
(c) Drilling muds, land clearing debris, and
				  other wastes associated with the exploration, development, or production of
				  crude oil, natural gas, or geothermal energy, when managed within the same
				  field where it was generated and where such management is authorized by the
				  supervisor of wells in a permit or order issued under part 615 of the
				  act.
(d) Dredgings that are
				  approved by the department for disposal under either of the following
				  provisions:
(i) By issuance of a permit issued
				  under part 301 or part 325 of the act authorizing the disposal, if dredgings of
				  more than 300 cubic yards that are removed from either an area of concern
				  identified by the international joint commission or an area adjacent to or
				  immediately downstream of a facility regulated under part 201 of the act are
				  evaluated for contamination and, if contaminated, are managed in a manner
				  consistent with part 201 of the act. To evaluate dredgings for contamination, a
				  person shall do either of the following:
(A)
				  Analyze for PCBs, polynuclear aromatic hydrocarbons, and the metals identified
				  in table 101. Dredgings shall not be considered contaminated if they meet the
				  criteria for inert material specified in section 11553(5) or (6).
(B) Instead of analyses, demonstrate that the
				  particle sizes of the dredgings are such that 95% or more of the particles will
				  be retained on a No. 200 sieve.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Solid Waste Management › Part 1 - GENERAL PROVISIONS › Section R. 299.4111 - Nondetrimental material managed for agricultural or silvicultural use; conditions for exemption as solid waste

Current through Vol. 24-12, July 15, 2024
Rule 111.
(1) A
				  person shall not apply sludges, ashes, or other solid waste to the land without
				  having obtained a license under the act, unless the director has approved a
				  plan for managing the wastes as nondetrimental materials that are appropriate
				  for agricultural or silvicultural use or has otherwise authorized the
				  application under part 31 of the act.
(2) A plan for managing nondetrimental
				  materials that are appropriate for agricultural or silvicultural use shall
				  contain all of the following information:
(a)
				  Analytical data that is required under R 299.4118a to characterize the
				  material.
(b) Additional
				  characteristics of the material applicable to its proposed use. Wastes that are
				  proposed for use as fertilizer shall be characterized by representative
				  sampling and analysis for all of the following using analytical procedures that
				  are specified by the EPA publication entitled "Test Methods for the Evaluation
				  of Solid Waste, Physical/Chemical Methods", SW-846, 3rd edition, which is
				  adopted by reference in R 299.4133, or the document entitled "Standard Methods
				  for the Examination of Water and Wastewater," 19th edition, which is adopted by
				  reference in R 299.4139:
(i) Percent dry
				  solids.
(ii) Total kjeldahl
				  nitrogen.
(iii) Total ammonia
				  nitrogen.
(iv) Nitrate
				  nitrogen.
(v) Total
				  phosphorus.
(vi) Specific
				  gravity.
(vii) Chemical oxygen
				  demand.
(viii) Five-day biological
				  oxygen demand.
(ix) pH.
(c) All of the following
				  information to characterize the soil types at the application area or areas:
(i) Soil type.
(ii) Soil pH.
(iii) Lime index.
(iv) Cation exchange capacity.
(v) Proposed nutrient application
				  rates.
(d) The name and
				  address and written approval of the titleholder of the land or lands.
(e) The proposed application rate.
(f) The proposed method of application,
				  including the equipment to be used.
(g) The method and frequency of soil tilling
				  to be employed.
(h) The type of
				  vegetation to be maintained, and how it will be managed.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Solid Waste Management › Part 1 - GENERAL PROVISIONS › Section R. 299.4112 - Emergency disposal; conditions for approval

Current through Vol. 24-12, July 15, 2024
Rule 112.
(1) If a
				  material poses a threat or substantial nuisance to the public or the
				  environment, a person may petition the director to approve the emergency
				  disposal of the material as follows:
(a) At a
				  location that is not licensed pursuant to the provisions of the act.
(b) At a disposal area that is licensed
				  pursuant to the provisions of the act, but is not authorized by a county
				  plan.
(c) In a manner that is not
				  in accordance with the provisions of the act or these rules.