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. 299.4444 - Type II landfill corrective action; remedy selection and remedial action plan

Current through Vol. 24-12, July 15, 2024
Rule 444.
(1)
				  Based on the results of the corrective measures assessment pursuant to R
				  299.4443, the owner and operator shall propose to the director a remedy that,
				  at a minimum, meets the standards specified in subrule (2) of this rule. The
				  owner and operator shall, within 14 days of selecting a remedy, submit to the
				  director a proposed remedial action plan which is in compliance with part 201
				  of the act and which describes the selected remedy and how it meets the
				  standards of part 201 of the act. The proposed remedial action plan shall be
				  placed in the operating record.
(2)
				  Remedies that are proposed by an owner or operator shall be in compliance with
				  all of the following provisions:
(a) Be
				  protective of human health and the environment.
(b) Be able to attain the groundwater
				  protection standard as specified in R 299.4441.
(c) Control the source or sources of releases
				  so as to reduce or eliminate, to the maximum extent practicable, further
				  releases of R 299.4450 to R 299.4452 and appendix II constituents into the
				  environment that may pose a threat to human health or the
				  environment.
(d) Be in compliance
				  with standards for the management of wastes as specified in R
				  299.4445(4).
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Solid Waste Management › Part 4 - MUNICIPAL SOLID WASTE LANDFILLS › Section R. 299.4445 - Type II landfill corrective action; implementation of remedial action plan

Current through Vol. 24-12, July 15, 2024
Rule 445.
(1)
				  Based on the schedule established pursuant to R 299.4444 for the initiation and
				  completion of remedial activities, the owner and operator shall do all of the
				  following:
(a) Establish and implement a
				  corrective action groundwater-monitoring program that is in compliance with all
				  of the following provisions:
(i) At a minimum,
				  meets the requirements of an assessment-monitoring program pursuant to R
				  299.4441.
(ii) Indicate the
				  effectiveness of the corrective action remedy.
(iii) Demonstrate compliance with the
				  groundwater protection standard.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Solid Waste Management › Part 4 - MUNICIPAL SOLID WASTE LANDFILLS › Section R. 299.4446 - Type II landfill engineering plans; closure plans

Current through Vol. 24-12, July 15, 2024
Rule 446.
(1)
				  Effective October 9, 1993, the owner and operator of a type II landfill shall
				  prepare detailed engineering plans and an engineering report that describes the
				  steps necessary to close all units of the type II landfill at any point during
				  its active life in accordance with the closure performance standards of these
				  rules. The closure plan shall include all of the following information:
(a) An overall description of the methods,
				  procedures, and processes that will be used to close each unit of the landfill
				  in accordance with this rule.
(b)
				  An estimate of the maximum extent of operation that will be open at any time
				  during the active life of the landfill.
(c) An estimate of the maximum inventory of
				  wastes ever on-site over the active life of the landfill.
(d) A description of the final cover,
				  including engineering plans and specifications.
(e) A schedule for completing all activities
				  that are necessary to satisfy the final cover requirements of these
				  rules.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Solid Waste Management › Part 4 - MUNICIPAL SOLID WASTE LANDFILLS › Section R. 299.4447 - Type II landfill engineering plans; post-closure plan

Current through Vol. 24-12, July 15, 2024
Rule 447.
(1)
				  Effective October 9, 1993, the owner or operator of a type II landfill shall
				  prepare a written post-closure plan that includes, at a minimum, all of the
				  following information:
(a) A description of
				  the monitoring and maintenance activities that are required for each unit, and
				  the frequency at which these activities will be performed.
(b) Name, address, and telephone number of
				  the person or office to contact about the facility during the post-closure
				  period.
(c) A description of the
				  planned uses of the property during the post-closure period. Post-closure use
				  of the property shall not disturb the integrity of the final cover, liner or
				  liners, or any other components of the containment system or the function of
				  the monitoring systems unless necessary to comply with the requirements of
				  these rules. The owner and operator shall not otherwise disturb the final
				  cover, liner, or other component of the containment system or remove any waste
				  unless the director has approved the disturbance based on a demonstration that
				  it will not increase the potential 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. 299.4448 - Type II landfill operation; partial and final closure

Current through Vol. 24-12, July 15, 2024
Rule 448.
(1) The
				  owner and operator of a type II landfill shall design and operate the landfill
				  so as to bring the active fill area up to final grade as soon as possible. An
				  owner or operator may partially close a unit or portion of a unit at such time
				  as that portion reaches final grade.
(2) The owner and operator shall close each
				  type II landfill unit in a manner that minimizes all of the following:
(a) Infiltration.
(b) Erosion.
(c) The need for further
				  maintenance.
(d) The post-closure
				  formation and release of leachate and explosive gases to air, groundwater, or
				  surface water to the extent necessary to protect 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. 299.4449 - Type II landfill operation; post-closure

Current through Vol. 24-12, July 15, 2024
Rule 449.
(1)
				  After the final closure of each unit, the owner and operator of a type II
				  landfill shall conduct post-closure care for not less than 30 years, which
				  includes all of the following:
(a) Maintaining
				  the integrity and effectiveness of any final cover, including repairs to the
				  cover as necessary to correct the effects of settling, subsidence, erosion, or
				  other events, and preventing run-on and runoff from eroding or otherwise
				  damaging the final cover.
(b)
				  Maintaining, operating, and monitoring the leachate collection system in
				  accordance with the requirements specified in R 299.4423 and R
				  299.4432.
(c) Monitoring the
				  groundwater in accordance with these rules and maintaining the groundwater
				  monitoring system.
(d) Monitoring
				  all secondary collection systems and leak detection systems in accordance with
				  the requirements of R 299.4432.
(e)
				  Maintaining and operating the gas monitoring and collection system in
				  accordance with the requirements of R 299.4433.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Solid Waste Management › Part 4 - MUNICIPAL SOLID WASTE LANDFILLS › Section R. 299.4450 - Type II landfill monitoring; primary inorganic indicators

Current through Vol. 24-12, July 15, 2024
Rule 450.
(1) All
				  of the following constituents are primary inorganic indicators for purposes of
				  monitoring type II landfills under this part, unless alternate inorganic
				  indicators are approved under subrule (3) of this rule:
(a) Chlorides.
(b) Iron.
(c) Sulfates.
(d) Total inorganic nitrogen.
(e) Total dissolved solids.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Solid Waste Management › Part 4 - MUNICIPAL SOLID WASTE LANDFILLS › Section R. 299.4451 - Type II landfill monitoring; alternate indicators

Current through Vol. 24-12, July 15, 2024
Rule 451.
(1) The
				  following constituents are alternate indicators for purposes of monitoring type
				  II landfills under this part:
(a)
				  Magnesium.
(b) Manganese.
(c) Potassium.
(d) Sodium.
(e) Bicarbonate alkalinity.
(f) Carbonate alkalinity.
(g) Calcium.
(h) Phenolics.
(i) Cyanide.
(j) Total organic carbon.
(k) Chemical oxygen demand.
(l) Boron.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Solid Waste Management › Part 4 - MUNICIPAL SOLID WASTE LANDFILLS › Section R. 299.4452 - Type II landfill monitoring; metals

Current through Vol. 24-12, July 15, 2024
Rule 452.
(1) The
				  constituents in this rule shall be considered heavy metals for purposes of type
				  II landfill monitoring. Samples for the metals from groundwater or secondary
				  collection systems shall be field-filtered before analysis, unless the director
				  determines that filtered samples alone do not accurately measure the
				  concentration of metals in the groundwater or in a secondary collection system
				  at the facility. Samples of leachate shall not be filtered before
				  analysis.
(2) The following metals
				  shall be analyzed in accordance with subrule (3) of this rule:
(a) Antimony.
(b) Arsenic.
(c) Barium.
(d) Beryllium.
(e) Cadmium.
(f) Chromium.
(g) Cobalt.
(h) Copper.
(i) Lead.
(j) Nickel.
(k) Selenium.
(l) Silver.
(m) Thallium.
(n) Vanadium.
(o) Zinc.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Solid Waste Management › Part 4 - MUNICIPAL SOLID WASTE LANDFILLS › Section R. 299.4453 - Type II landfill monitoring; primary volatile organic constituents

Current through Vol. 24-12, July 15, 2024
Rule 453.
(1) The
				  constituents specified in this rule are considered primary volatile organic
				  constituents for purposes of type II landfill monitoring.
(2) The following are halogenated volatile
				  organic constituents:
(a)
				  Bromodichloromethane.
(b)
				  Bromoform; tribromomethane.
(c)
				  Carbon tetrachloride.
(d)
				  Chlorobenzene.
(e) Chloroethane;
				  ethyl chloride.
(f) Chloroform;
				  trichloromethane.
(g)
				  Dibromochloromethane; chlorodibromomethane.
(h) o-Dichlorobenzene;
				  1,2-dichlorobenzene.
(i)
				  p-Dichlorobenzene; 1,4-dichlorobenzene.
(j) 1,1-Dichloroethane; ethylidene
				  chloride.
(k) 1,2-Dichloroethane;
				  ethylene dichloride.
(l)
				  1,1-Dichloroethylene; 1,1-dichloroethene; vinylidene chloride.
(m) cis-1,2-Dichloroethylene;
				  cis-1-2-dichloroethene.
(n)
				  Trans-1,2-dichloroethylene; trans-1,2-dichloroethene.
(o) 1,2-Dichloropropane; propylene
				  dichloride.
(p)
				  cis-1,3-dichloropropene.
(q)
				  Trans-1,3-dichloropropene.
(r)
				  Methyl bromide; bromomethane.
(s)
				  Methyl chloride; chloromethane.
(t)
				  Methylene bromide; dibromomethane.
(u) Methylene chloride;
				  dichloromethane.
(v) Methyl iodide;
				  iodomethane.
(w)
				  1,1,1,2-Tetrachloroethane.
(x)
				  1,1,2,2-Tetrachloroethane.
(y)
				  Tetrachloroethylene; tetrachloroethene; perchloroethylene.
(z) 1,1,1-Trichloroethane; methyl
				  chloroform.
(aa)
				  1,1,2-Trichloroethane.
(bb)
				  Trichloroethylene; trichloroethene.
(cc) Trichlorofluoromethane.
(dd) 1,2,3-Trichloropropane.
(ee) Vinyl chloride.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Solid Waste Management › Part 4 - MUNICIPAL SOLID WASTE LANDFILLS › Section R. 299.4454 - Type II landfill monitoring; secondary organic constituents

Current through Vol. 24-12, July 15, 2024
Rule 454.
(1) The
				  constituents specified in this rule are considered secondary volatile organic
				  constituents for purposes of type II landfill monitoring.
(2) All of the following are secondary
				  organic constituents:
(a) Acetone.
(b) Acrylonitrile.
(c) Bromochloromethane.
(d) Carbon disulfide.
(e) 1,2-Dibromo-3-chloropropane;
				  DBCP.
(f) 1,2-Dibromoethane;
				  ethylene dibromide; EDB.
(g) Methyl
				  ethyl ketone; 2-butanone.
(h)
				  4-Methyl-2-pentanone; methyl isobutyl ketone.
(i) Trans-1,4-dichloro-2-butene.
(j) 2-Hexanone; methyl butyl
				  ketone.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Solid Waste Management › Part 5 - SOLID WASTE TRANSFER FACILITIES AND PROCESSING PLANTS › Section R. 299.4501 - Facilities exempted from construction permit and license requirements; operating requirements for facilities exempted; facility classification; facilities licensed before effective date of act

Current through Vol. 24-12, July 15, 2024
Rule 501.
(1)
				  Transfer facilities are not subject to the construction permit and license
				  requirements of the act if they are in compliance with the criteria of section
				  11529 of the act.
(2) A solid waste
				  transfer facility that is exempted from licensure as a transfer facility shall
				  be operated in accordance with R 299.4507 in a manner that does not create a
				  nuisance or public health or environmental hazard.
(3) Based on design and type of refuse
				  received, solid waste transfer facilities are classified as follows:
(a) A type A facility is a facility that is
				  designed and operated to receive solid waste primarily from mechanically
				  unloaded vehicles.
(b) A type B
				  facility is a facility that is designed and operated to receive domestic and
				  commercial solid waste from vehicles unloaded by hand.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Solid Waste Management › Part 5 - SOLID WASTE TRANSFER FACILITIES AND PROCESSING PLANTS › Section R. 299.4502 - Existing transfer facilities and processing plants; review

Current through Vol. 24-12, July 15, 2024
Rule 502. Engineering plans and monitoring requirements for
					 existing transfer facilities and processing plants shall be reviewed by the
					 solid waste control agency to assure compliance with these rules. If determined
					 to be deficient, a transfer facility or processing plant may be issued a
					 timetable or schedule of remedial measures that will lead to compliance within
					 a reasonable amount of time but not more than 2 years from the determination of
					 deficiency.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Solid Waste Management › Part 5 - SOLID WASTE TRANSFER FACILITIES AND PROCESSING PLANTS › Section R. 299.4503 - Advisory analysis; purpose

Current through Vol. 24-12, July 15, 2024
Rule 503. The purpose of the advisory analysis before
					 application is made for a construction permit is to inform the applicant of
					 other permits which may be required for the proposed facility, such as air
					 emissions, water discharge permits, or soil erosion and sedimentation control
					 permits; to provide information on known conditions and other factors which may
					 affect the proposed site; and to discuss the application and submission
					 requirements and procedures.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Solid Waste Management › Part 5 - SOLID WASTE TRANSFER FACILITIES AND PROCESSING PLANTS › Section R. 299.4504 - Construction permits; requirements before issuance

Current through Vol. 24-12, July 15, 2024
Rule 504.
(1)
				  Before being issued a construction permit, an applicant shall do all of the
				  following:
(a) Submit a hydrogeological
				  report and monitoring program as specified by the director and obtain approval
				  of the report and program.
(b)
				  Submit engineering plans that are prepared and sealed by a registered
				  professional engineer as required by act 299 and obtain approval of the plans.
				  The plans shall include all of the following information:
(i) The specific location of the facility as
				  shown on a vicinity map.
(ii) The
				  location of public roadways, habitable structures, and places of public use on
				  the site and on other properties that are influenced by the project.
(iii) The legal description and site
				  boundaries.
(iv) The means of
				  limiting access, including fencing, gates, natural barriers, or other
				  methods.
(v) Details of an approved
				  method of collecting, storing, and removing liquid wastes that result from the
				  operation of the facility.
(vi)
				  Details, drawings, and specifications of all structures, equipment, and site
				  plans.
(vii) The general layout of
				  equipment and a flow pattern.
(viii) A detailed description and statement,
				  in paragraph form, of the facilities and procedures that are intended to handle
				  salvage and heavy or bulky items, store solid waste, and control dust, odors,
				  and fire.
(ix) The location of
				  existing and proposed utilities that are available to the site.
(x) The method of volume reduction, if used,
				  such as compacting, grinding, compression, or tamping equipment.
(xi) Daily cleanup procedures.
(xii) The types of solid waste to be
				  handled.
(xiii) An explanation of
				  how the facility is consistent with the approved solid waste management plan
				  described in part 7 of these rules.
(xiv) Other details that are required by the
				  director.
(c) Submit an
				  environmental assessment, including all of the following information:
(i) A description of the existing
				  environment.
(ii) The anticipated
				  environmental impact of proposed action.
(iii) Alternatives considered.
(iv) Mitigating measures.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Solid Waste Management › Part 5 - SOLID WASTE TRANSFER FACILITIES AND PROCESSING PLANTS › Section R. 299.4505 - Special design and location requirements for transfer facilities and processing plants

Current through Vol. 24-12, July 15, 2024
Rule 505.
(1) All
				  facility containers shall be leakproof and shall be manufactured of rat-proof
				  material.
(2) A type A transfer
				  facility shall consist of a building that has walls and a roof or shall be
				  otherwise enclosed to satisfactorily control dust and papers.
(3) A solid waste transfer facility or
				  processing plant shall not be located in a floodplain or wetland unless it
				  meets all of the following requirements:
(a)
				  The site does not encroach upon the floodway and will not increase upstream or
				  downstream flood stages.
(b) The
				  location can be substantiated through an environmental assessment which
				  considers alternatives and which assures that all potentially negative impacts
				  can be mitigated.
(c) The design
				  will include a dike to preclude floodwater inundation with a top elevation that
				  is not less than 5 feet above the 100-year floodplain.
(d) Where applicable, an applicant shall
				  obtain a permit under parts 31 and 303 of the act.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Solid Waste Management › Part 5 - SOLID WASTE TRANSFER FACILITIES AND PROCESSING PLANTS › Section R. 299.4506 - Licensing procedure; construction certification

Current through Vol. 24-12, July 15, 2024
Rule 506. Certification that construction has followed the
					 plans and specifications required by the construction permit shall be made by a
					 registered professional engineer before an operating license can be issued.
					 Certification shall be submitted by the applicant, together with the license
					 application form, bond, and license fee, to the solid waste control
					 agency.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Solid Waste Management › Part 5 - SOLID WASTE TRANSFER FACILITIES AND PROCESSING PLANTS › Section R. 299.4508 - Inspection requirements

Current through Vol. 24-12, July 15, 2024
Rule 508. The solid waste control agency shall make not
					 less than quarterly inspections of the facility to insure continued compliance
					 by the licensee. Following each inspection, the solid waste control agency
					 shall submit to the licensee a written report containing any deficiencies and
					 requirements for their correction. This rule does not preclude or exempt the
					 issuance of a citation or notice of violation by a law enforcement officer or
					 the director.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Solid Waste Management › Part 5 - SOLID WASTE TRANSFER FACILITIES AND PROCESSING PLANTS › Section R. 299.4509 - Processing plant operating requirements; plant access storage of solid waste; vector control; plant supervision; dust and odor; roadways; noise and vibration

Current through Vol. 24-12, July 15, 2024
Rule 509.
(1)
				  Access to a solid waste processing plant shall be limited to times when a
				  responsible individual is on duty. A notice that states the hours designated to
				  receive solid wastes shall be conspicuously posted at the entrance to the
				  property.
(2) The storage of solid
				  waste at a processing plant before processing shall be limited to containers,
				  specially designed structures, or enclosed areas as approved in the license.
				  The type and volume of solid waste stored for processing is limited to the type
				  and volume specified in the construction permit application.
(3) A facility that is developed at the
				  processing plant for the storage of salvaged materials shall be designed to
				  permit periodic cleaning and shall be operated in a manner that does not cause
				  a nuisance or a hazard to health.
(4) Solid waste at a processing plant shall
				  be confined to the unloading, loading, handling, and storage areas.
(5) Solid waste which is burning or which is
				  at a temperature likely to cause fire shall not be accepted in the processing
				  plant.
(6) Favorable conditions for
				  the harborage and production of insects, rodents, and birds shall be prevented.
				  When necessary, supplemental vector control measures shall be initiated
				  immediately by the operator of the processing plant.
(7) A processing plant shall be operated
				  under the close supervision of a responsible individual.
(8) The processing plant attendant shall
				  maintain a daily log of the quantity, composition, and origin of solid waste
				  that is processed. A copy of the daily log that covers the previous 3 years
				  shall be on file and shall be available to the director and to local units of
				  government upon request.
(9) Dust
				  and odors that result from the unloading of solid waste and the operation of a
				  processing plant shall be reasonably controlled at all times.
(10) Roadways on the processing plant
				  property shall be all-weather roads and shall be maintained to prevent a dust
				  nuisance.
(11) The operation of the
				  plant shall be carried out in a manner that prevents noise and vibration
				  nuisance to adjoining property.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Solid Waste Management › Part 6 - SOLID WASTE TRANSPORTING UNITS › Section R. 299.4601 - Construction; maintenance

Current through Vol. 24-12, July 15, 2024
Rule 601.
(1) The
				  waste-carrying portion of a solid waste transporting unit shall be designed to
				  prevent the accidental discharge of its contents. The solid waste transporting
				  unit shall have a suitable cover which prevents the loss of its contents and
				  which is not easily torn, shredded, or broken under normal use.
(2) A solid waste transporting unit that
				  fails to meet the requirements of these rules shall be repaired or its use
				  shall be discontinued.
(3) A solid
				  waste transporting unit shall be cleaned at intervals frequent enough to
				  maintain the unit in a sanitary condition, as free from disagreeable odor as
				  possible, and so as not to cause a nuisance or vermin attraction. Wastewater
				  generated from the cleaning operation shall be considered sewage and shall be
				  treated accordingly.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Solid Waste Management › Part 6 - SOLID WASTE TRANSPORTING UNITS › Section R. 299.4602 - Operation

Current through Vol. 24-12, July 15, 2024
Rule 602.
(1) A
				  solid waste transporting unit's openings shall be closed and doors or covers
				  shall be secured by an adequate latch or restraining mechanism to keep them
				  closed while transporting solid waste which may blow or fall off the vehicle.
				  The driver shall be responsible for the proper positioning of the cover. A
				  special covering shall be used where conditions require the control of odor,
				  vermin, liquids, dust or smoke.
(2)
				  A solid waste transporting unit shall be loaded in a manner that minimizes the
				  spilling of materials.
(3) Where
				  accidental spillage does occur from the solid waste transporting unit, the
				  driver shall be responsible for assuring that the material is picked up as soon
				  as possible and the area suitably cleaned.
(4) Where solid waste is purposely dumped
				  from a solid waste transporting unit due to a hot load or fire, the fire shall
				  be immediately extinguished by the most effective means and the area shall be
				  properly cleaned as soon as reasonably possible.
(5) During the collection process, a solid
				  waste transporting unit shall not be parked in a residential area longer than
				  necessary to collect solid waste, unless it is parked more than 500 feet from
				  adjacent residences. A solid waste transporting unit shall not be parked,
				  stored or established at any location so as to cause a hazard to health or at
				  any residentially zoned location so as to cause a nuisance.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Solid Waste Management › Part 7 - SOLID WASTE MANAGEMENT PLANS › Section R. 299.4701 - Compliance with act and rules

Current through Vol. 24-12, July 15, 2024
Rule 701. The solid waste management plans required by
					 section 11533 of the act shall comply with the act and all rules promulgated
					 pursuant to the act. Regional and multicounty planning is encouraged. The
					 director shall consider proposals for regional and multicounty plans if the
					 proposals are in conformance with the act.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Solid Waste Management › Part 7 - SOLID WASTE MANAGEMENT PLANS › Section R. 299.4702 - County solid waste management plan; designation of agency responsible for preparation of plan

Current through Vol. 24-12, July 15, 2024
Rule 702.
(1) The
				  director shall, within 2 weeks after the effective date of these rules, provide
				  a form to each county on which the county shall indicate the county's intent to
				  prepare or upgrade an existing solid waste management plan and designate an
				  agency responsible for the preparation of the plan. As provided in section
				  11533(4) of the act, the municipalities within the county may file a notice of
				  intent and designate the agency responsible for the preparation of the plan if
				  the county fails to do so. In either case, the designated planning agency shall
				  have the necessary expertise and the legal, financial, and institutional
				  capabilities to prepare the plan. Designated planning agencies may include, but
				  are not limited to, all of the following:
(a)
				  Regional, county, or municipal planning commissions.
(b) Departments of public works.
(c) Road commissions.
(d) Drain commissioners.
(e) County executives.
(f) Solid waste disposal
				  authorities.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Solid Waste Management › Part 7 - SOLID WASTE MANAGEMENT PLANS › Section R. 299.4703 - Planning committees; formation; membership; responsibilities

Current through Vol. 24-12, July 15, 2024
Rule 703.
(1) The
				  planning committee shall be formed pursuant to section 11534 of the
				  act.
(2) Planning committee
				  membership shall comply with all of the following requirements:
(a) The planning committee shall be formed in
				  accordance with section 11534(2) of the act considering the definitions in part
				  1 of these rules, R 299.4103(e), R 299.4104(c), and R 299.4107(h). The 4
				  representatives appointed to the planning committee as representatives of the
				  solid waste management industry shall, when possible, reside or conduct
				  business within the county.
(b) The
				  2 representatives appointed to the planning committee from environmental
				  interest groups shall be from organizations that are active within the
				  county.
(c) The 3 general public
				  representatives appointed to the planning committee shall reside within the
				  county.
(d) The other 4 members of
				  the planning committee shall be selected as specified in the act.
(e) Counties preparing a regional or
				  multicounty solid waste management plan may jointly appoint a single planning
				  committee.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Solid Waste Management › Part 7 - SOLID WASTE MANAGEMENT PLANS › Section R. 299.4704 - Work program; preparation and submittal by designated planning agency; review by planning committee; copies

Current through Vol. 24-12, July 15, 2024
Rule 704.
(1)
				  Within 90 days after the official notification of funding availability to the
				  county for solid waste management planning, as specified in part 8 of these
				  rules, the designated planning agency shall submit a work program as described
				  in R 299.4705.
(2) The designated
				  planning agency shall prepare the work program pursuant to R 299.4705 and shall
				  submit the work program to the planning committee for review.
(3) Concurrently, the designated planning
				  agency shall submit the work program to the regional solid waste management
				  planning agency for its review, comments, and suggestions.
(4) The planning committee shall review the
				  work program and negotiate any changes with the designated planning agency
				  within 15 days of the work program submittal.
(5) Upon review of the work program by the
				  planning committee, the designated planning agency shall submit the work
				  program, comments from the planning committee, and the comments from the
				  regional solid waste management planning agency to the director for review and
				  approval. The director shall have 30 days from receipt to approve or reject the
				  work program.
(6) The designated
				  planning agency shall, upon request, submit copies of the work program to
				  municipalities, appropriate organizations, and adjacent counties.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Solid Waste Management › Part 7 - SOLID WASTE MANAGEMENT PLANS › Section R. 299.4705 - Work program; contents

Current through Vol. 24-12, July 15, 2024
Rule 705.
(1) The
				  work program shall include a detailed description of tasks to be performed as
				  needed to prepare the plan. Required plan contents are described in R
				  299.4711.
(2) The work program
				  shall also include all of the following:
(a) A
				  timetable for the accomplishment of tasks.
(b) A public participation element as
				  described in R 299.4706, including a general schedule of public meetings,
				  hearings, and other activities.
(c)
				  Costs of the individual elements and the total cost of plan
				  preparation.
(d) Detailed staffing
				  needs and responsibilities for plan preparation.
(e) Sources of funding for the local 20%
				  funding required by the act.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Solid Waste Management › Part 7 - SOLID WASTE MANAGEMENT PLANS › Section R. 299.4706 - Public participation programs

Current through Vol. 24-12, July 15, 2024
Rule 706.
(1) The
				  designated planning agency shall conduct a public participation program which
				  shall encourage the participation and involvement of the public and
				  municipalities in the development and implementation of the solid waste
				  management plan.
(2) The designated
				  planning agency shall maintain a mailing list of all municipalities, affected
				  public agencies, the private sector, and all interested persons who request
				  information regarding the plan.
(3)
				  Time shall be reserved on the agenda at all public meetings for questions and
				  comments from the general public.
(4) The public meetings shall be scheduled at
				  a time convenient to the general public.
(5) The designated planning agency shall hold
				  public meetings with the planning committee not less than quarterly each year
				  during plan preparation.
(6) If the
				  director prepares the plan, the extent of public participation shall be
				  conducted pursuant to section 11538(e) of the act.
(7) The designated planning agency shall
				  maintain at least 1 central repository where all documents related to the plan
				  may be inspected by the public.
(8)
				  Upon request, the designated planning agency shall submit specific tasks as
				  outlined in the work program to all of the following for comment and advice:
(a) The planning committee.
(b) Municipalities.
(c) Appropriate organizations.
(d) The regional solid waste management
				  planning agency.
(e) Adjacent
				  counties.
(f) Certified health
				  departments.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Solid Waste Management › Part 7 - SOLID WASTE MANAGEMENT PLANS › Section R. 299.4707 - Plan adoption; update procedures

Current through Vol. 24-12, July 15, 2024
Rule 707.
(1) The
				  designated planning agency shall follow the review procedures as established in
				  section 11535(a) to (f) of the act.
(2) The designated planning agency shall
				  allow a period of not less than 3 months for the review and comments on the
				  proposed plan. The exact time limit shall be specified in the work program.
				  After the prescribed review and comment period, all of the comments from the
				  reviewing agencies shall be submitted with the plan to the governmental unit
				  that filed the notice of intent.
(3) The designated planning agency shall
				  conduct a public hearing on the proposed county solid waste management plan
				  before formal adoption by the county, the municipalities, or the state, as
				  required in section 11535(f) of the act. Before the public hearing, the
				  planning committee shall review the plan and shall authorize its release for
				  public hearing. After the public hearing, the designated planning agency shall
				  prepare a transcript, a recording, or another complete record of the public
				  hearing proceedings. The record may be copied at cost or may be inspected by
				  the general public upon request.
(4) The designated planning agency shall
				  revise the plan, if necessary, in response to public hearing comments and shall
				  then submit the plan to the planning committee.
(5) After approval by the majority of the
				  planning committee and within 30 days of closing of the public comment period,
				  the plan shall be submitted for formal action to either the county board of
				  commissioners or to the municipalities who voted in favor of preparing the
				  plan.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Solid Waste Management › Part 7 - SOLID WASTE MANAGEMENT PLANS › Section R. 299.4708 - Formal action

Current through Vol. 24-12, July 15, 2024
Rule 708.
(1) If
				  the county files a notice of intent under section 11533(3) of the act to
				  prepare a solid waste management plan, then formal action has been fulfilled
				  when the plan is approved by the planning committee and then approved by the
				  county board of commissioners.
(2)
				  If the municipalities within a county file a notice of intent under section
				  11533(4) of the act to prepare a solid waste management plan, then formal
				  action has been fulfilled when the plan is approved by the planning committee
				  and then is approved by a majority of those municipalities who voted in favor
				  of filing a notice of intent to prepare a solid waste management
				  plan.
(3) If the plan is
				  disapproved under subrule (1) or (2) of this rule, the plan shall be returned
				  to the planning committee along with the statement of the objections to the
				  plan. The planning committee shall have 30 days to review the objections and
				  return the plan to the county board of commissioners or to the majority of
				  municipalities along with its recommendations. The county board of commissioner
				  or a majority of municipalities who voted in favor of preparing the plan shall
				  approve the plan, either as submitted or with changes and the reasons for the
				  changes, and then shall submit the plan to all municipalities within the
				  county.
(4) Before the plan may be
				  submitted to the director for his or her approval, not less than 67% of the
				  municipalities in the county shall approve the plan.
(5) A plan that is prepared by the regional
				  solid waste management planning agency under section 11533(5) of the act shall
				  be approved as follows:
(a) Within 30 days of
				  closing of the public comment period, the regional solid waste planning agency
				  shall submit the plan, together with any modifications and public comments and
				  responses from the public hearing, to the county board of commissioners for
				  their formal action.
(b) After the
				  county board of commissioners has taken formal action, the plan shall be
				  submitted to the governing bodies of all municipalities within the county for
				  their approval.
(c) Not less than
				  67% of the municipalities shall approve the plan before submittal to the
				  director for his or her approval.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Solid Waste Management › Part 7 - SOLID WASTE MANAGEMENT PLANS › Section R. 299.4709 - Director's approval

Current through Vol. 24-12, July 15, 2024
Rule 709.
(1)
				  After 67% approval, the plan shall be submitted to the director for his or her
				  approval. The director shall have 6 months to approve or disapprove the
				  plan.
(2) If, after the plan has
				  been adopted by the county board of commissioners, the majority of the
				  municipalities who voted in favor of preparing the plan or the regional solid
				  waste management planning agency and 67% of all the municipalities in the
				  county do not approve the plan within the required time limit, the director
				  shall prepare a plan for the county, including the municipalities who did not
				  approve the plan, after reviewing the materials prepared by the planning agency
				  and after providing for a meeting with those municipalities who did not approve
				  the plan. The plan prepared by the director shall be final.
(3) A 5-year update of the plan shall be
				  prepared as required in section 11533(2) of the act.
(4) An amendment of the plan shall follow the
				  same procedures for review and adoption as the original plan and the updates.
				  However, there is no required submittal date for an amendment, and the cost of
				  the required public notice and required public hearings shall be borne by the
				  person seeking the amendment.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Solid Waste Management › Part 7 - SOLID WASTE MANAGEMENT PLANS › Section R. 299.4710 - Enforcement

Current through Vol. 24-12, July 15, 2024
Rule 710.
(1)
				  There are 2 areas of enforcement that are affected by the county solid waste
				  management plans. The first is the issuance of permits and licenses and second
				  is the validity of local ordinances.
(2) Two years after the approval of rules by
				  the legislature or upon the director's approval of a county plan, whichever
				  occurs first, a permit or license shall not be issued for a new facility unless
				  that facility complies and is consistent with an approved solid waste
				  management plan. If an approved solid waste management plan exists, the
				  director shall review the plan and shall insure that the proposed facility
				  complies and is consistent with the plan before a permit or license is issued.
				  In reviewing the application for a new facility, the director shall consult
				  with the designated planning agency to insure that the proposed facility
				  complies with the approved solid waste management plan. If a proposed facility
				  is not consistent or not in compliance with the approved solid waste management
				  plan, then the applicant shall initiate an amendment to the plan if the
				  applicant wishes to obtain a construction permit or operating license. If 2
				  years after the effective date of these rules an approved plan does not exist,
				  the director shall not issue a permit or license for a new facility.
(3) As stated in section 11538(8) of the act,
				  local ordinances which are not consistent with approved solid waste management
				  plans are not enforceable.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Solid Waste Management › Part 7 - SOLID WASTE MANAGEMENT PLANS › Section R. 299.4711 - Plan format and content

Current through Vol. 24-12, July 15, 2024
Rule 711. To comply with the requirements of the act and to
					 be eligible for 80% state funding, county solid waste management plans shall be
					 in compliance with the following general format and shall contain the following
					 elements:
(a) An executive summary,
				  which shall include all of the following:
(i)
				  An overview.
(ii)
				  Conclusions.
(iii) Selected
				  alternatives.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Solid Waste Management › Part 7 - SOLID WASTE MANAGEMENT PLANS › Section R. 299.4712 - Municipalities; filing for a separate planning grant

Current through Vol. 24-12, July 15, 2024
Rule 712. A municipality that files for a separate planning
					 grant under section 11547 of the act shall follow the same procedures and rules
					 as a county in the preparation of a solid waste management plan, with the
					 following exceptions:
(a) A
				  municipality shall utilize, consult with, and receive advice from, the planning
				  committee appointed by the county.
(b) A municipality shall consult and
				  coordinate activities with the county designated planning agency.
(c) The county planning committee shall
				  approve or disapprove the work program. If disapproved, the planning committee
				  shall return the work program to the municipality with objections. The
				  municipality shall, within 30 days, resubmit the work program with the
				  necessary revisions.
(d) A
				  municipality shall submit progress reports to the planning committee not less
				  than quarterly.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Solid Waste Management › Part 8 - GRANTS › Section R. 299.4801 - Certified health department grants; eligibility

Current through Vol. 24-12, July 15, 2024
Rule 801.
(1) Only
				  a health department that is certified under part 2 of these rules is eligible
				  for state grants for the operation of solid waste management programs as
				  provided in the act.
(2) The
				  director shall request grant funds to certified health departments for a 1-year
				  period coinciding with the state fiscal year. Funds shall be committed to
				  certified health departments dependent on the amount appropriated by the
				  legislature and on the amount negotiated with each certified health department
				  as provided in R 299.4802.
(3) All
				  eligible health departments shall receive an equal percentage of their
				  negotiated personnel costs up to 100%, as determined by the available
				  appropriated funds and the total amount of negotiated personnel
				  costs.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Solid Waste Management › Part 8 - GRANTS › Section R. 299.4802 - Certified health department grants; performance contracts

Current through Vol. 24-12, July 15, 2024
Rule 802.
(1) A
				  performance contract shall be negotiated with each eligible health department.
				  The performance contract shall determine the reasonable personnel costs
				  necessary for the certified health department to perform a solid waste
				  management program. The reasonable personnel costs include all direct costs
				  attributable to performance agreed to in the contract.
(2) If the director and an eligible health
				  department are unable to reach agreement in contract negotiations carried out
				  pursuant to subrule (1) of this rule, either party may elect not to enter into
				  the contract.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Solid Waste Management › Part 8 - GRANTS › Section R. 299.4803 - Certified health department grants; recordkeeping; payment schedule; unobligated funds

Current through Vol. 24-12, July 15, 2024
Rule 803.
(1) To
				  substantiate appropriate expenditure of grant funds and to provide
				  documentation of the level of work effort for future performance contract
				  negotiations, the grantee shall keep records of receipts of grant funds and
				  application fees, costs attributable to the operation of the solid waste
				  management program, and expenditures of grant funds and application fee funds.
				  Such records shall be available for inspection by state auditors during regular
				  business hours without advance notice.
(2) Unless negotiated otherwise, payments
				  shall be made at the end of each 3-month period of operation and upon receipt
				  of a quarterly report of expenditures.
(3) Any unobligated grant funds shall be made
				  available to a health department which is eligible for certification, but which
				  has not received a funding grant.
Michigan Administrative Code › Department - Environmental Quality › Office of Waste Management & Radiological Protection › Solid Waste Management › Part 8 - GRANTS › Section R. 299.4804 - Solid waste management planning grants; eligibility

Current through Vol. 24-12, July 15, 2024
Rule 804. Only a designated planning agency that meets the
					 requirements set forth in part 7 of these rules is eligible to receive a solid
					 waste management planning grant.