DEPARTMENT OF ENVIRONMENTAL QUALITY  
OFFICE OF WASTE MANAGEMENT AND RADIOLOGICAL  
PROTECTION  
SOLID WASTE MANAGEMENT  
(By authority conferred on the director of the department of environmental quality by  
sections 11538, 11539, and 11540 of Part 115, Solid Waste Management, of the Natural  
Resources and Environmental Protection Act, 1994 PA 451, as amended,  
MCL 324.11538 to 324.11540)  
PART 1. GENERAL PROVISIONS  
R 299.4101 Definitions; A, B.  
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.  
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(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.  
(h) "Applicant" means an owner or operator who has applied for a construction  
permit or operating license under part 115 of the act.  
(i) "Appropriate organization" means any organization that has demonstrated, or is  
demonstrating, a substantial interest in solid waste management.  
(j) "Aquifer" means a geologic formation, group of formations, or portion of a  
formation that is capable of yielding significant quantities of groundwater to wells or  
springs.  
(k) "Asbestos waste" means asbestos-containing waste material, as defined in  
40 C.F.R. §61.141 under the national emission standard for asbestos. The definition of  
asbestos-containing waste material and related definitions are adopted by reference in  
R 299.4131.  
(l) "ASTM" means the American society for testing and materials.  
(m) "Attendant" means the individual who accepts solid waste at the entrance to the  
solid waste disposal area.  
(n) "Average daily flow rate" means the average flow, in gallons per acre per day,  
removed from a secondary collection system or leak detection during the last 3 months.  
The average daily flow rate shall be calculated monthly by averaging the flow rate for the  
current month with those from the preceding 2 months.  
(o) "Background" means the concentration or level of a substance which exists in  
the environment at or regionally proximate to a site and which is not attributable to any  
release at or regionally proximate to the site.  
History: 1982 AACS; 1993 AACS; 1999 AACS; 2015 AACS.  
R 299.4102 Definitions; C to E.  
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  
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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.  
(c) "Composite liner" means a system that consists of both of the following  
components:  
(i) An upper component that consists of a flexible membrane liner which is installed  
in direct and uniform contact with the lower compacted soil component. The flexible  
membrane liner shall have a nominal thickness not less than 30 mils thick. For high-  
density polyethylene components, the flexible membrane shall have a nominal thickness  
not less than 60 mils.  
(ii) A lower component that consists of any of the following soil layers:  
(A) Compacted soil which is not less than 2 feet thick and which is in compliance  
with R 299.4913.  
(B) A bentonite geocomposite liner that is in compliance with R 299.4914.  
(C) An alternative soil layer that is approved under these rules.  
(d) "Composting" means the process by which biological decomposition of yard  
clippings or compostable material is carried out under controlled aerobic conditions and  
which stabilizes the organic fraction into a material that can easily and safely be stored,  
handled, and used in an environmentally acceptable manner. The presence of  
insignificant anaerobic zones within the composting material will not cause the process to  
be classified as other than composting.  
(e) "Composting facility" means a facility where composting of yard clippings or  
compostable material occurs using composting technology. Composting technology may  
include physical turning, windrowing, aeration, or other mechanical handling of organic  
matter.  
(f) "Construction and demolition waste" means waste building materials, packaging,  
and rubble that results from construction, remodeling, repair, and demolition operations  
on houses, commercial or industrial buildings, and other structures. Construction and  
demolition waste includes trees and stumps which are more than 4 feet in length and  
2 inches in diameter and which are removed from property during construction,  
maintenance, or repair. Construction and demolition waste does not include any of the  
following, even if it results from the construction, remodeling, repair, and demolition of  
structures:  
(i) Asbestos waste.  
(ii) Household waste.  
(iii) Corrugated containerboard.  
(iv) Appliances.  
(v) Drums and containers.  
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(vi) Any aboveground or underground tank and associated piping, except septic  
tanks.  
(vii) Solid waste that results from any processing technique which renders  
individual waste components unrecognizable, such as pulverizing or shredding, unless the  
type and origin of such waste is known not to contain the wastes listed in paragraphs (i)  
to (vi) of this subdivision.  
(g) "Contiguous property" means the same or geographically contiguous property  
that may be divided by a public or private right-of-way. Pieces of property owned by the  
same person and connected by a right-of-way which the owner controls and to which the  
public does not have access are also contiguous.  
(h) "Designated planning agency" means a governmental unit or regional planning  
agency that is determined, under the act, to be responsible for the preparation of a solid  
waste management plan.  
(i) "Disease vectors" means any rodents, flies, mosquitoes, or other animals,  
including insects, that are capable of transmitting disease to humans.  
(j) "Disposal" means any of the following:  
(i) The discharge, deposit, injection, dumping, spilling, leaking, or placing of any  
solid waste into or on any land or water so that the solid waste or any constituent thereof  
may enter the environment or be emitted into the air or discharged into any waters,  
including groundwaters. Disposal includes the placement of solid waste in an open  
dump, landfill, or waste piles that are not exempt under R 299.4129(2) or R 299.4130.  
(ii) The open burning or incineration of solid waste.  
(iii) The processing of solid waste.  
(iv) The storage or handling of solid waste at a solid waste transfer facility.  
(v) The abandonment of solid waste in place of other disposal.  
(k) "Disposal area type" means 1 of the following types of disposal areas defined by  
the act and these rules:  
(i) Municipal solid waste landfill.  
(ii) Industrial waste landfill.  
(iii) Construction and demolition waste landfill.  
(iv) Municipal incinerator ash landfill.  
(v) Incinerator.  
(vi) Processing plant.  
(vii) Transfer facility.  
(viii) Waste pile.  
(l) "Domestic well" means a well that is intended to furnish water to a single  
household for any beneficial use.  
(m) "Enforceable mechanism" means a legal method whereby the state, a county or  
municipal government, or a person can take action to guarantee compliance with an  
approved county solid waste management plan. Enforceable mechanisms include any of  
the following:  
(i) Contracts.  
(ii) Intergovernmental agreements.  
(iii) Laws.  
(iv) Ordinances.  
(v) Rules.  
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(vi) Regulations.  
(n) "Environmental contamination" means the release of a hazardous substance in a  
quantity that is or may become injurious to the environment or to the public health,  
safety, or welfare.  
(o) "Environmental interest group" means a nonprofit citizens' organization that has  
bylaws which support environmental enhancement or the conservation of Michigan's  
natural resources and that has an organization which does not directly reflect an  
economic interest of its members.  
(p) "Existing disposal area" means any of the following:  
(i) A disposal area that has been issued a construction permit under the act.  
(ii) A disposal area that had engineering plans approved by the director before  
January 11, 1979.  
(iii) An industrial waste landfill that was authorized to operate by the director or by  
court order before October 9, 1993.  
(iv) An industrial waste pile that is located at the site of generation on  
October 9, 1993.  
(q) "Existing unit" or "existing landfill unit" means any landfill unit that receives  
solid waste as of October 9, 1993. Waste placement in existing landfill units shall be  
consistent with past operating practices or modified practices to ensure good  
management.  
History: 1982 AACS; 1993 AACS; 1999 AACS; 2005 AACS; 2015 AACS.  
R 299.4103 Definitions; F to L.  
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.  
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(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.  
(l) "Hydraulic conductivity" or "permeability" means the rate of flow of a liquid  
under a differential pressure through a material. The hydraulic conductivity of cohesive  
soils shall be determined using the methods specified in R 299.4920.  
(m) "Incinerator" means a device which is specifically designed for the destruction,  
by burning, of garbage or other combustible refuse or waste material, or both, and in  
which the products of combustion are emitted into the outer air by passing through a  
stack or chimney. For purposes of the act and these rules, the following devices are not  
incinerators:  
(i) A thermal treatment unit that is designed solely for the purpose of destroying  
contaminants in soil.  
(ii) Boilers, industrial furnaces, or power plants that burn site-separated material,  
source-separated material, or industrial waste as fuel.  
(iii) A device that is used to incinerate medical waste and other waste from a facility  
that generates medical waste.  
(n) "Industrial waste" means solid waste which is generated by manufacturing or  
industrial processes or originates from an industrial site and which is not a hazardous  
waste regulated under part 111 of the act.  
(o) "Industrial waste landfill" means a landfill that is used for the disposal of  
industrial waste which has been characterized for hazard and which has been determined  
to be nonhazardous under part 111 of the act. An industrial waste landfill may accept  
industrial waste of different types and from different generators, but shall not accept  
hazardous waste generated by conditionally exempt small quantity generators, as defined  
under part 111 of the act.  
(p) "Landfill unit" means a discrete area of land which is permitted to receive waste  
for permanent disposal and which is not a waste pile. For purposes of these rules, the  
discrete area shall consist of all areas where waste is or will be contiguous, excluding any  
portion that has been closed under part 111 of the act. Contiguous portions may be  
separated by berms and may contain different liner or leachate collection designs and  
separate leachate collection systems, if waste in one portion is or will be in contact with  
waste in another portion. The boundaries of a landfill unit may be increased by lateral  
extensions consistent with the construction permit or plans approved by the department.  
A landfill unit may be any of the following:  
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(i) A new unit.  
(ii) An existing unit.  
(iii) A preexisting unit.  
(iv) A closed unit.  
(q) "Lateral expansion" means a horizontal expansion of the solid waste boundary  
of a landfill beyond the limit established in a construction permit or engineering plans  
approved by the solid waste control agency before January 11, 1979.  
(r) "Lateral extension" means the extension of an existing unit within the solid  
waste boundary, but beyond that area constructed and licensed on October 9, 1993.  
(s) "Leachate" means liquid which has come in contact with, passed through, or  
emerged from, solid waste and which contains soluble, suspended, or miscible materials  
that are removed from the wastes.  
(t) "Lead acid battery" means a storage battery in which the electrodes are grids of  
lead oxides that change in composition during charging and discharging and in which the  
electrolyte is dilute sulfuric acid.  
(u) "Leak detection system" means the secondary collection system of an  
unmonitorable unit. The purpose of a leak detection system is to detect, collect, and  
remove leaks of hazardous substances at the earliest practicable time through all areas of  
the top liner likely to be exposed to waste or leachate during the active life and  
postclosure period.  
(v) "Lift" means a layer of placed material, including a layer of compacted clay in a  
landfill layer or cap, or a layer of waste in a sanitary landfill.  
(w) "Liquid waste" means any waste material that is determined to contain free  
liquids as defined by method 9095, the paint filter liquids test, as described in the  
publication entitled "Test Methods for Evaluating Solid Wastes, Physical-Chemical  
Methods" SW-846, which is adopted by reference in R 299.4133. For purposes of the act  
and these rules, liquid waste does not include industrial waste sludges that are disposed of  
at a location other than a type II landfill.  
History: 1982 AACS; 1993 AACS; 1999 AACS; 2015 AACS.  
R 299.4104 Definitions; M to R.  
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 unit’s 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.  
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(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.  
(d) "Municipal solid waste landfill" or "type II landfill" means a landfill which  
receives household waste or municipal solid waste incinerator ash, and which is not a  
land application unit, surface impoundment, injection well, or waste pile. A municipal  
solid waste landfill also may receive other types of solid waste, such as any of the  
following:  
(i) Construction and demolition waste.  
(ii) Sewage sludge.  
(iii) Commercial waste.  
(iv) Nonhazardous sludge.  
(v) Hazardous waste from conditionally exempt small quantity generators.  
(vi) Industrial waste.  
Such a landfill may be publicly or privately owned.  
(e) "New disposal area" means a disposal area that requires a construction permit  
under the act and includes all of the following:  
(i) A disposal area, other than an existing disposal area, that is proposed for  
construction.  
(ii) For landfills, a lateral expansion, vertical expansion, or other expansion that  
results in an increase in the design capacity of an existing disposal area.  
(iii) For disposal areas other than landfills, an enlargement in capacity beyond that  
indicated in the construction permit or in engineering plans approved before  
January 11, 1979.  
(iv) For all disposal areas, an alteration of an existing disposal area to a different  
disposal area type than had been specified in the previous construction permit application  
or in engineering plans that were approved by the director or his or her designee before  
January 11, 1979.  
(f) "Natural soil barrier" means any combination of natural or recompacted soil  
which is not less than 10 feet thick and which consists predominantly of soils that have a  
unified soil classification of SC, ML, CL, CL/ML, or CH. A natural soil barrier may  
contain soil types other than SC, ML, CL, CL/ML, or CH if the anomalous soils are not  
hydraulically connected to the uppermost aquifer, do not extend beyond the solid waste  
boundary, and are not considered as part of the thickness determination.  
(g) "New unit" means any landfill unit that has not received solid waste before  
October 9, 1993.  
(h) "Nuisance" means conditions that unreasonably interfere with the enjoyment of  
life and property, such as noise, blowing debris, odors, vectors, or pest animals.  
(i) "Open burning" means either of the following:  
(i) A fire from which the products of combustion are emitted directly into the outer  
air without passing through a stack or chimney.  
(ii) The combustion of solid waste without controlling combustion air to maintain  
adequate temperature for efficient combustion, containment of the combustion reaction in  
an enclosed device to provide sufficient residence time and mixing for complete  
combustion, and control of the emission of the combustion products.  
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(j) "Open dump" means a disposal area which is not licensed under the act and  
which is not otherwise authorized by the director.  
(k) "Operator" means the person who is in control of, or responsible for, the  
operation of a facility or part of a facility.  
(l) "Owner" means the person who owns a facility or part of a facility.  
(m) "Pile" means any noncontainerized accumulation of solid waste that is used for  
treatment or storage.  
(n) "Planning committee" means a committee that is established under the act to aid  
in the preparation of a county solid waste management plan.  
(o) "Practical quantitation limit" means the lowest level that can be reliably  
achieved within specified limits of precision and accuracy under routine laboratory  
conditions and based on all of the following:  
(i) Quantitation.  
(ii) Precision and accuracy.  
(iii) Normal operation of the laboratory.  
(iv) The practical need in a compliance monitoring program to have a sufficient  
number of laboratories available to conduct the analyses.  
(p) "Preexisting unit" means any landfill unit which is or was licensed under the act,  
but which does not receive waste after October 9, 1993.  
(q) "Processing" means changing the physical or chemical character of solid waste,  
by separation, treatment, or other methods, so as to make the waste or a constituent of the  
waste disposable or usable as a resource. The following activities do not constitute  
processing:  
(i) Compaction.  
(ii) Incineration, thermal treatment of contaminated soil, or burning waste as fuel, if  
these activities are permitted under part 55 of the act.  
(iii) Metal processing by scrap dealers.  
(iv) Industrial operations that use, reuse, or reclaim industrial waste, source-  
separated material, or site-separated material to make a raw material or new product.  
(v) Separation of recyclable materials from small quantities of solid waste. A small  
quantity is not more than 2 tons per day or 60 tons per month.  
(vi) Separation of recyclable material at a landfill.  
(vii) The separation of small quantities of solid waste from source-separated  
material. The volume of solid waste removed shall be considered a small quantity if it is  
less than 10% of the total volume of material received.  
(viii) Composting of yard clippings, if the requirements of section 11521 are met.  
(ix) Composting of material other than yard clippings which is approved under  
R 299.4121 and which does not involve more than 500 cubic yards at any time.  
Composting facilities exceeding 500 cubic yards shall be licensed as processing plants.  
(x) Shredding or chipping of trees, stumps, and brush.  
(xi) Treatment of contaminated soil or other waste generated from the remediation  
of environmental contamination at the site of environmental contamination before  
disposal at a facility licensed under this part.  
(xii) The addition of small quantities of sorbent material to individual loads of  
waste within the active portion of a type II landfill.  
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(r) "Public meeting" means a regularly scheduled meeting of the designated  
planning agency.  
(s) "Regulated hazardous waste" means a hazardous waste, as defined in  
R 299.9203, that is not excluded from regulation under R 299.9204 or that was not  
generated by a conditionally exempt small quantity generator as defined in R 299.9205.  
(t) "Responsible individual" means an individual who is familiar with the  
requirements of the act and these rules as they relate to the daily operation and  
maintenance of the solid waste disposal area where he or she is employed and who has  
the capability and the authority to make decisions regarding the daily operation and  
maintenance of that disposal area which are necessary to comply with the act and these  
rules.  
(u) "Runoff" means any rainwater, leachate, or other liquid that drains over land  
from any part of a facility.  
(v) "Run-on" means any rainwater, leachate, or other liquid that drains over land  
onto any part of a facility.  
History: 1982 AACS; 1993 AACS; 1999 AACS; 2015 AACS.  
R 299.4105 Definitions; S to W.  
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.  
(b) "Saturated zone" or "zone of saturation" means that part of the earth's crust in  
which all voids are filled with water.  
(c) "Scavenging" means the uncontrolled picking of materials from solid waste.  
(d) "Secondary collection system" means the liquid collection and removal system  
between the liners of a multiple liner system in a landfill cell. In the case of an  
unmonitorable unit, the secondary collection system is also a leak detection system.  
(e) "Sludge" means any solid or semisolid waste that is generated from a municipal,  
commercial, or industrial wastewater treatment plant, water supply treatment plant, or air  
pollution control facility. "Sludge" also includes any other semisolid industrial waste.  
(f) "Specific site" means an area within a municipality or municipalities.  
(g) "Sole-source aquifer" means those aquifers that are designated under  
section 1424(e) of the federal safe drinking water act of 1974, Public Law 93-523,  
42 U.S.C. §300h et seq.  
(h) "Solid waste boundary" means the outermost perimeter of the solid waste  
(projected in the horizontal plane) as it would exist at completion of the sanitary landfill  
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and as authorized in a construction permit or in engineering plans approved for the  
landfill unit by the solid waste control agency before January 11, 1979.  
(i) "Solid waste control agency" means the certified health department that has  
jurisdiction in the county or, in the absence of a certified health department, the  
department.  
(j) "Solid waste management industry" means any of the following:  
(i) An individual or organization that derives a substantial portion of its income  
from the collection, transportation, or disposal of solid waste.  
(ii) A manufacturing industry that collects, transports, and disposes of solid waste  
that is generated incidental to its operation.  
(iii) A unit of government or subdivision thereof that collects, transports, or  
disposes of solid waste within its political boundary when 4 members, as defined in  
paragraphs (i) and (ii) of this subdivision, cannot be found.  
(k) "Solid waste management system" means a set of procedures that provides for  
the collection, transportation, separation, recycling, recovery, and disposal of solid waste.  
(l) "Speculative accumulation" means the storage of material intended for recycling  
or reuse at a site for a period of over 1 year, or for low-hazard industrial waste  
accumulated at the site of generation, a period of 3 years. A material is not accumulated  
speculatively, however, if the person who accumulates it can show that the material can  
be recycled into marketable raw materials or new products and that, during the period, the  
amount of material that is recycled or that is transferred to a different site for recycling  
equals not less than 75%, by weight or volume, of the amount of material that was  
accumulated at the beginning of the period.  
(m) "Standard industrial classification number" means the number assigned to an  
industry by the United States office of management and budget and contained in the  
standard industrial classification manual. The manual is adopted by reference in  
R 299.4132.  
(n) "Statistically significant increase" means a verified increase in groundwater  
concentration for a given constituent for which statistical analysis is required in the  
approved hydrogeological monitoring plan that is inconsistent with background  
concentrations given chance expectations for the site as a whole.  
(o) "Sump" means any lined pit, manhole, or reservoir that serves to collect liquids  
drained from a leachate collection and removal system, secondary collection system, or  
leak detection system.  
(p) "Surface water" means a body of water that has its top surface exposed to the  
atmosphere and includes a flowing body, a pond, or a lake, except for drainageways and  
ponds that are used solely for wastewater conveyance, treatment, or control.  
(q) "Synthetic liner" or "flexible membrane liner" means very low-permeability  
synthetic membrane liners or barriers that are used with any geotechnical engineering-  
related material as an integral part of a man-made project, structure, or system.  
(r) "Total inorganic nitrogen" means the sum of ammonia-nitrogen, nitrate-nitrogen,  
and nitrite-nitrogen.  
(s) "TSCA" means the toxic substances control act, 15 U.S.C. §2601 et seq.  
(t) "Unmonitorable unit" means a landfill unit that is not a monitorable unit.  
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(u) "Uppermost aquifer" means the geologic formation which is nearest to the  
natural ground surface and which is an aquifer and includes lower aquifers that are  
hydraulically interconnected with this aquifer within the facility's property boundary.  
(v) "Vertical expansion" means the landfilling of solid waste above the elevations  
indicated in the construction permit or in engineering plans approved for the landfill unit  
by the solid waste control agency before January 11, 1979. Increases in elevation  
approved by the director are not new disposal areas if the volume of waste to be disposed  
of is not expanded beyond the volume previously approved and if the expansion is in  
compliance with the act and these rules.  
(w) "Wetland" means the areas defined as wetlands in part 303 of the act.  
History: 1982 AACS; 1993 AACS; 1999 AACS; 2005 AACS; 2015 AACS.  
R 299.4106 Terms defined in the act.  
Rule 106. Terms defined in the act have the same meaning when used in these rules.  
History: 1982 AACS.  
R 299.4106a Definitions of terms used in act.  
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.  
(d) "Establish a disposal area" as used in the act, means to create a new disposal  
area, as defined in these rules.  
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(e) "Modification" means a significant change in the approved plans for a landfill  
that does not constitute an upgrading, including any of the following:  
(i) An increase in the final elevation of a landfill unit that does not result in an  
increase in design capacity or a change in the solid waste boundary. An increase in the  
final elevation of a landfill which is necessary to comply with changes in the act or these  
rules, but which does not result in a vertical expansion, is not a modification.  
(ii) A reduction in the protection provided by a liner or cover system.  
(iii) Other significant changes in design. The substitution of one equivalent type of  
material for another in a landfill design shall not be considered significant, if the change  
is approved by the department.  
(f) "New products" means marketable consumer goods produced from site-  
separated or source-separated material. New products shall not be used in a manner  
constituting disposal, unless the new products are any of the following:  
(i) Inert materials.  
(ii) Compost produced from yard clippings.  
(iii) Compostable material.  
(iv) Material applied to the land for agricultural or silvicultural use in a manner  
consistent with the act and these rules.  
(g) "Operating landfill," as used in section 11525a of the act, means a landfill which  
is either open or closed, but which has not completed the postclosure period specified in  
the act.  
(h) "Raw materials" means materials that are returned for reuse to the original  
industry which produced the material, that are sold for use in an industrial process to  
make new products, or that are used as fuel in a unit permitted to burn the material as fuel  
under part 55 of the act.  
(i) "Rubber" means crumb rubber or ground tires that does not contain steel and  
fiber.  
(j) "Scrap" means metal that is a recyclable material. Used appliances shall not be  
considered scrap unless capacitors or other parts that may contain polychlorinated  
biphenyls have been removed and disposed of in compliance with the act and TSCA, if  
applicable.  
(k) "Solid waste disposal area" means the disposal area that is approved in a  
construction permit or engineering plans approved by the solid waste control agency  
before January 11, 1979, and all contiguous property that is owned by the same person  
which has been approved for the disposal of solid waste in other construction permits.  
(l) "Upgrading," as used in section 11510 of the act, means any of the following:  
(i) The installation of thicker or additional liners in the bottom or final cover of a  
landfill.  
(ii) The installation of gas recovery systems at a landfill.  
(iii) The installation of equipment to separate recyclable material at a landfill.  
(iv) A restriction in the type of waste that is received at a landfill beyond that  
previously approved.  
(v) Other improvements to a disposal area that are approved by the director.  
History: 1993 AACS; 1999 AACS; 2015 AACS.  
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R 299.4107 Construction permit; applicability; permit modification;  
incomplete application.  
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.  
History: 1982 AACS; 1993 AACS; 1999 AACS.  
R 299.4108 Variances for type III landfills.  
Rule 108. (1) A request for a variance for a type III landfill that is a new disposal  
area shall be in writing, shall accompany the application for a construction permit, and  
shall include justification for the variance.  
(2) A request for a variance for a type III landfill that is an existing disposal area  
shall be in writing, shall accompany the application for an operating license, and shall  
include the justification for the variance.  
(3) The notice that is published under the act shall include a listing and description  
of the variances requested by the applicant.  
(4) Variances to the following rules that are applicable to type III landfills shall  
be granted in writing by the solid waste control agency upon a demonstration by the  
applicant that the requirement in the rules is not feasible and prudent and that either the  
substitute requirement will provide an equivalent degree of protection for the public  
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health and environment or that the public health, welfare, and environment will not be  
additionally impaired:  
(a) R 299.4304(4), time required to reach final grades.  
(b) R 299.4304(5), final cover slope.  
(c) R 299.4305(2)(b), horizontal isolation.  
(d) R 299.4306(1) for an alternative boundary of compliance in place of the solid  
waste boundary if the criteria for classification of solid waste disposal facilities and  
practices, 40 C.F.R. part 257.3-4, are met. The provisions of 40 C.F.R. part 257.3-4 are  
adopted by reference in R 299.4134.  
(e) R 299.4315(3), access.  
(f) R 299.4315(4), waste placement supervision.  
(g) R 299.4315(5), control of dust and blowing paper.  
(h) R 299.4316(1), daily and interim cover.  
(i) R 299.4316(2), intermediate cover.  
(j) R 299.4317(1), closure time period.  
(k) The specifications of R 299.4306, R 299.4307, or R 299.4310(1) and (2) under  
exceptional circumstances considering only the following factors:  
(i) Unique hydrogeological situations.  
(ii) The unusual nature of a specific waste with limited potential for  
environmental damage.  
(iii) An opportunity to utilize a waste for a useful purpose.  
(iv) The volume of waste to be disposed of.  
(v) A demonstration by the applicant that granting the waiver will not result in  
impairment of the current uses of affected natural resources and that use of the selected  
disposal area is as reasonable and prudent as the utilization of an alternative disposal  
area.  
(vi) Public comments on the proposed variance. Before granting a variance under  
this rule, the director shall do all of the following:  
(A) Consult with the certified health department.  
(B) Discuss the requested variance at the public hearing if a hearing is held under  
section 11510 of the act.  
(C) Notify adjacent property owners of the proposed variance.  
History: 1982 AACS; 1993 AACS; 1999 AACS.  
R 299.4109 Rescission.  
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.  
History: 1982 AACS.  
R 299.4110 "Other wastes regulated by statute" defined.  
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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 PCB’s, 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.  
(ii) by department approval of a finding of no significant impact prepared under the  
national environmental policy act of 1969, §42 U.S.C. 4321 et seq.  
(e) Tires that are managed in compliance with part 169 of the act.  
(f) Animals that are composted or disposed of in accordance with 1982 PA 239,  
MCL 287.651 to 287.683.  
(g) Earth overburden, rock, lean ore, and iron ore tailings that are regulated under  
part 631 of the act.  
(h) Septage waste which is regulated under part 117 of the act and which is  
disposed of in a land application unit.  
(i) The following waste that is regulated under part 31 of the act:  
(i) Liquid waste that is disposed of in accordance with a permit or order issued  
under part 31 of the act, except for sludges or residues that are generated from the  
disposal.  
(ii) Sludge that is disposed of in a land application unit under a residuals  
management plan which is approved under part 31 of the act.  
(j) The following waste, at the point that it is regulated under part 55 of the act:  
(i) Wood and stumps that are burned in accordance with part 55 and part 515 of the  
act.  
(ii) Medical waste that is burned in a unit which is permitted or licensed to burn the  
waste under part 55 of the act. Medical waste that is disposed of at a location other than  
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at a unit as specified in this paragraph is not exempt from part 115 of the act and these  
rules.  
(iii) Contaminated soil that is treated in a thermal treatment unit which is permitted  
under part 55 of the act, if the soil is contained at the treatment site so that the operation  
does not expose the soil to the atmosphere and the elements. Residues from the treatment  
shall be disposed of under a plan that is approved by the department.  
(iv) Chipped tires, creosote railroad ties, and industrial waste that is burned as fuel  
in a boiler, industrial furnace, or power plant which is permitted under part 55 of the act,  
to burn the waste as fuel.  
(k) Contaminated soil or other waste that is generated from the remediation of  
environmental contamination, and that is allowed to be disposed of at the site of  
environmental contamination or at other property which is owned by the responsible  
party under a remedial action plan that is approved under part 201 or part 213 of the act.  
(l) Solid waste in open dumps which did not receive waste after October 9, 1991,  
and which receive final cover pursuant to either of the following provisions:  
(i) A remedial action plan that is approved under part 201 of the act.  
(ii) A grant under part 191 or part 195 of the act.  
History: 1993 AACS; 1999 AACS; 2015 AACS.  
R 299.4111 Nondetrimental material managed for agricultural or silvicultural  
use; conditions for exemption as solid waste.  
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.  
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(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.  
(3) The director shall approve a plan that is submitted under this rule if he or she  
finds that application of the material to the land will serve as an effective fertilizer or soil  
conditioner or serve another beneficial use and will be applied to the soil at an agronomic  
rate, but will not violate part 31 or part 55 of the act or any other state law and will not  
create a nuisance.  
(4) The director shall approve or deny a plan that is submitted under this rule within  
120 days of receiving a plan that contains the information specified in subrule (2) of this  
rule. The director shall impose any conditions on a plan that are necessary to protect  
human health and the environment.  
History: 1993 AACS; 1999 AACS; 2015 AACS.  
R 299.4112 Emergency disposal; conditions for approval.  
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.  
(2) Approval of emergency disposal by the director, or his or her designee, if  
granted, shall be in compliance with all of the following provisions:  
(a) Be oral or written. If oral, it shall be followed by written approval within 5  
days.  
(b) Not be more than 90 days in duration.  
(c) Clearly specify the type and quantity of material and the manner and location  
of its disposal.  
History: 1993 AACS.  
R 299.4113 Rescinded.  
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History: 1993 AACS; 1998-2000 AACS; 2014 AACS.  
R 299.4114 Rescinded.  
History: 1993 AACS; 1998-2000 AACS; 2014 AACS.  
R 299.4115 Rescinded.  
History: 1993 AACS; 2014 AACS.  
R 299.4116 Rescinded.  
History: 1993 AACS; 2014 AACS.  
R 299.4117 Criteria for designating inert materials appropriate for specific  
reuse instead of virgin material.  
Rule 117. (1) A person may petition the director to designate a solid waste as an  
inert material appropriate for a specific type of reuse instead of virgin material.  
(2) The director shall approve a petition pursuant to this rule if the petition  
demonstrates any of the following:  
(a) The material meets the criteria of section 11553(5) or (6).  
(b) The material does not pose a greater hazard to human health and the  
environment during reuse than the virgin material that it replaces when used in the  
following manner:  
(i) As a component of concrete, grout, mortar, or casting molds.  
(ii) When used as a raw material in asphalt for road construction.  
(iii) As aggregate, road, or building material that, in ultimate use, will be stabilized  
or bonded by cement, limes, or asphalt.  
(iv) In other uses that are approved by the director.  
(3) A petition to designate a material as inert for specific reuse shall contain the  
information specified in R 299.4118a for all of the following:  
(a) The waste material itself.  
(b) The product, if any, that contains the waste as a component.  
(c) Either or both of the following, if necessary for comparison with the waste or  
waste product:  
(i) The raw material that the waste replaces.  
(ii) The product, if any, that contains raw material other than waste.  
(4) A person may conduct a pilot project on the suitability of using low-hazard  
industrial waste for a specific reuse if all of the following conditions are met:  
(a) The amount used is not more than 100 tons.  
(b) The person notifies the director or his or her designee before use.  
(c) The person submits a report on the reuse, as specified in subrule (6) of this rule.  
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(d) The person verifies that the storage of low-hazard industrial waste awaiting the  
pilot project has not resulted in environmental contamination.  
(5) A person may petition the director to designate a solid waste that is not in  
compliance with the definition of a low-hazard industrial waste as an inert material for  
the purpose of conducting a pilot project on the suitability of the waste for a specific  
reuse. The director shall approve the petition if both of the following conditions are met:  
(a) The petition includes a detailed description of the proposed pilot project,  
including all of the following:  
(i) The location of the project.  
(ii) A description of the waste, including a characterization that complies with the  
provisions of R 299.4118a.  
(iii) The volume of waste to be used.  
(iv) The nature of the reuse, and a description of any processes that are required to  
convert the waste to a product.  
(v) The procedures for conducting all testing on the final product to determine  
compliance with the provisions of subrule (1) of this rule which ensure representative  
sampling of the final product.  
(vi) The proposed completion date.  
(b) The director determines that the project does not pose an unacceptable risk of  
environmental contamination.  
(6) A person who conducts a pilot project pursuant to the provisions of this rule  
shall submit a final report to the director or his or her designee within 90 days of the  
completion date that describes the results of the project.  
History: 1993 AACS; 2015 AACS.  
R 299.4118 Rescinded.  
History: 1993 AACS; 1998-2000 AACS; 2014 AACS.  
R 299.4118a Petitions to classify wastes.  
Rule 118a. (1) A person may petition the director to designate a material as  
beneficial use by-product for 1, 2, 4, or 5, inert material, a source separated material, a  
site separated material, a low hazard industrial waste, another material that could be  
approved by the department under part 115, nondetrimental or recycled material pursuant  
to R 299.4111, inert material appropriate for specific reuse pursuant to R 299.4117 or a  
compostable material pursuant to R 299.4121.  
(2) A petition to classify a material and its use shall include all of the following  
information:  
(a) The name and site address of the facility that generates or uses the material.  
(b) The facility contact person and phone number.  
(c) The general description of the material for which the petition is submitted,  
including all of the following:  
(i) A description of the process that is used to produce the material, including a  
schematic diagram of the process and a list of raw materials that are used in the process.  
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(ii) Documentation that the material is not a hazardous waste, as defined in part 111  
of the act and the administrative rules promulgated under part 111 of the act.  
(iii) The proposed use or disposal method for the material.  
(d) Analytical testing on a representative number of samples consistent with its use.  
Four samples shall be considered to be the minimum number of samples that must be  
tested and may increase depending on the variability of the sample results. If a hazardous  
substance is reported to be present in a sample at concentrations above the classification  
criteria of these rules, a person may demonstrate that the data are not statistically  
significant, using 1 of the methods specified in R 299.4908. Sampling shall be done  
consistent with the requirements contained in the EPA document 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; 1 or more peer-reviewed standards  
developed by a national or international organization such as ASTM International, 1 or  
more standards approved by the department or EPA, or any other method approved by  
the department that more accurately simulates mobility. The samples shall be tested as  
relevant for the determination for total concentrations, leachable concentrations, or both,  
of any hazardous substance that the person has knowledge or has reason to believe could  
be present in the material at a level of concern.  
(e) Chain of custody.  
(f) Quality control/quality assurance information from the testing lab.  
(g) In lieu of submitting information required in subdivisions (d) to (f) of this  
subrule, a petitioner may demonstrate that a material is a beneficial use by-product by  
submitting relevant and appropriate documentation for a determination under MCL  
324.11553(4).  
(h) In lieu of submitting information required in subdivisions (d) to (f) of this  
subrule, a petitioner may demonstrate that a material is an inert material by submitting  
relevant and appropriate documentation for a determination under MCL 324.11553(6).  
(i) In lieu of submitting information required in subdivisions (d) to (f) of this  
subrule, a petitioner may demonstrate that a material is source separated in accordance  
with MCL 324.11506(6)(k) by submitting relevant and appropriate documentation for a  
determination under MCL 324.11553(8).  
(j) In lieu of submitting information required in subdivisions (d) to (f) of this  
subrule, a petitioner may demonstrate that a material is site separated material by  
submitting relevant and appropriate documentation consistent with MCL 324.11505(9).  
(k) In lieu of submitting information required in subdivisions (d) to (f) of this  
subrule, Petitioner may demonstrate that a material fits a requested classification  
recognized in another provision of part 115, MCL 324.11501 et seq., which allows for  
approval by the department by submitting relevant and appropriate documentation  
consistent with the cited provision.  
History: 2015 AACS.  
R 299.4119 Rescinded.  
History: 1993 AACS; 1998-2000 AACS; 2014 AACS.  
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R 299.4120 Rescinded.  
History: 1993 AACS; 1999 AACS; 2012 AACS.  
R 299.4121  
compost.  
Petitions for use of solid waste other than yard clippings as  
Rule 121. (1) A person shall not use a solid waste, other than yard clippings, as  
compost, unless the director approves the waste as a separated material appropriate for  
such use pursuant to the provisions of this rule.  
(2) A person who proposes to separate a waste for use as compost shall file a  
petition with the director pursuant to the provisions of R 299.4118a. To characterize such  
compost, the petitioner shall include all of the following information in the petition:  
(a) The type of waste and its potential for creating a nuisance or environmental  
contamination.  
(b) Compost maturity, as determined by a reduction of organic matter during  
composting. Organic matter shall be determined by measuring the volatile residues  
content using EPA method 160.4 or another method that is approved by the director.  
(c) Foreign matter content, as determined by drying a sample of compost using EPA  
method 160.3 and by passing a weighed sample of the dried compost through a 14- or  
6-millimeter screen. The material remaining on the screen shall be separated and  
weighed. The weight of the separated foreign matter divided by the weight of the total  
sample multiplied by 100 shall be the foreign matter content.  
(d) Particle size, as determined by a sieve analysis.  
(3) The director shall approve a material for use as compost if the person who  
proposes such use demonstrates all of the following:  
(a) The material has or will be converted to compost under controlled conditions at  
a composting facility.  
(b) The material will not be a source of environmental contamination or cause a  
nuisance.  
(c) Use of the compost material will be done at agronomic rates.  
(4) EPA methods 160.3 and 160.4 are contained in the document entitled "Methods  
for Chemical Analysis of Water and Waste, EPA-600," March, 1979 edition, and are  
adopted by reference in R 299.4138.  
History: 1993 AACS; 2015 AACS.  
R 299.4122 Rescinded.  
History: 1993 AACS; 2014 AACS.  
R 299.4123 Rescinded.  
History: 1993 AACS; 2014 AACS.  
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R 299.4124 Rescinded.  
History: 1993 AACS; 2014 AACS.  
R 299.4125 Rescinded.  
History: 1993 AACS; 2014 AACS.  
R 299.4126 Rescinded.  
History: 1993 AACS; 2014 AACS.  
R 299.4127 Rescinded.  
History: 1993 AACS; 2014 AACS.  
R 299.4128 Open dumping and open burning prohibited.  
Rule 128. (1) A person shall not dispose of solid waste in an open dump, except as  
provided in the act.  
(2) Solid waste from an individual's own household or from the planting of  
privately owned farmland shall be considered a hazard to health and shall not be disposed  
of in an open dump upon the individual's own land, as provided in section 11512 of the  
act, if it is any of the following:  
(a) Asbestos waste.  
(b) A hazardous commercial chemical product.  
(c) A used battery.  
(d) A pesticide container.  
(e) Waste from the demolition of the residence, except for components that are  
listed as inert material in section 11504(2).  
(3) Open burning of solid waste is prohibited, except as provided in subrules (4),  
(5), and (6) of this rule.  
(4) If not prohibited by local ordinance, an individual is not prohibited by the act  
and these rules from burning solid waste from the individual's own household upon the  
individual's own land if both of the following conditions are met:  
(a) The burning does not create a nuisance and is otherwise in compliance with  
part 55 of the act and the administrative rules promulgated under part 55 of the act.  
(b) The burning is conducted in an approved container constructed of metal or  
masonry that has a metal covering device that does not have openings larger than ¾ inch.  
(5) A person may burn waste for energy recovery in a facility other than an  
incinerator under R 299.4110.  
(6) A person may burn trees, logs, brush, and stumps under R 299.4110.  
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(7) The open burning of grass clippings or leaves, or both, is prohibited in any  
municipality that has a population of 7,500 or more persons under section 11522 of the  
act, unless specifically authorized by local ordinance. A municipality shall report an  
open burning ordinance to the department within 30 days of the enactment of the  
ordinance.  
History: 1993 AACS; 1999 AACS; 2015 AACS.  
R 299.4129 Storage of solid waste in uncontained waste piles.  
Rule 129. (1) Except as provided in subrule (2) of this rule, the storage of waste in  
a pile that is not contained in accordance with R 299.4130 constitutes disposal and  
requires a permit or license under the act. A waste pile that is required to have a permit  
or license under the act shall be in compliance with the hydrogeological report,  
groundwater monitoring, and groundwater performance standards which are applicable  
to type III landfills and which are specified in part 3 of these rules.  
(2) The storage of the following waste in piles before reuse or disposal does not  
require a permit or license under the act and these rules if the conditions specified in  
subrule (3) of this rule are met:  
(a) Low-hazard industrial waste that is separated and stored before being returned  
to the original process from which the waste was generated or was being used or reused  
as ingredients in an industrial process to make a product, unless The materials are  
being stored in a manner which constitutes speculative accumulation.  
(b) Low-hazard industrial waste that is stored in a waste pile which was in  
existence on October 8, 1993, if the pile does not expand horizontally.  
(c) Low-hazard industrial waste that is stored for less than 60 days before being  
transported for disposal.  
(d) Construction and demolition waste that is stored at the site of generation for  
less than 1 year before being transported for disposal.  
(3) Owners and operators of waste piles that are specified in subrule (2) of this rule  
shall ensure that the unit is not in violation of part 31 or part 55 of the act, does not  
create a nuisance, and does not result in environmental contamination after closure.  
History: 1993 AACS; 1999 AACS.  
R 299.4130 Storage of solid waste in contained waste piles.  
Rule 130. (1) The storage of solid waste in a pile shall not constitute disposal if  
the pile has a containment system that is designed, installed, and operated to prevent  
any migration of accumulated liquids out of the system to the soil, groundwater, or  
surface water at any time during the use of the system. To prevent the migration of  
liquids, the system shall be in compliance with the provisions of this rule and have  
1 of the following:  
(a) A natural soil barrier which is in compliance with the provisions of  
299.4307(3)(a).  
R
(b) A liner that is in compliance with the provisions of R 299.4307(4).  
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(c) A vault or pad that is in compliance with the provisions of subrule (5) of this  
(2) Waste pile containment systems shall be constructed of, or lined with,  
rule.  
materials that are compatible with the waste to be placed in the system and shall have  
sufficient strength and thickness to prevent failure due to all of the following:  
(a) Pressure gradients, including static head and external hydrological forces.  
(b) Physical contact with the waste to which the materials are exposed.  
(c) Climatic conditions.  
(d) The stress of daily operation, including stresses from nearby vehicular  
traffic.  
(3) Waste pile containment systems shall be placed on  
a
foundation or base  
which is capable of providing support to the secondary containment system and  
resistance to pressure gradients above and below the system and which is capable of  
preventing structural failure due to settlement, compression, or uplift.  
(4) Waste pile containment systems shall be sloped or otherwise designed or  
operated to drain and remove liquids that result from leaks, spills, or precipitation.  
Spilled or leaked waste and accumulated precipitation shall be removed from the  
secondary containment system within 24 hours.  
(5) Vaults or pads that are used for waste pile containment shall be constructed  
of steel, poured reinforced concrete, precast concrete, solid masonry, or an equivalent  
material and shall be designed to do all of the following:  
(a) Withstand the full loads to which they will be subjected.  
(b) Have water stops in place at all joints, if any.  
(c) Prevent the migration of the material out of the containment system.  
(d) Prevent migration of moisture into the vault, if the vault is subject to  
hydraulic pressure.  
(e) Have walls which will prevent runoff and runon and which are not more  
than 6 feet in height above interior grade, unless normal access is provided.  
(f) Have a stable foundation.  
(6) The owner and operator of a waste pile shall do all of the following:  
(a) Design, construct, operate, and maintain a runon control system that is capable of  
preventing flow onto the pile during peak discharge from not less than a 24-hour, 25-  
year storm.  
(b) Design, construct, operate, and maintain a runoff management system to collect  
and control, at a minimum, the water volume resulting from a 24-hour, 25-year  
storm.  
(c) Manage collection and holding facilities associated with run-on and runoff  
control systems such that design capacity of the system is maintained.  
(7) Waste that is being accumulated speculatively in piles shall be separated  
from general refuse and other waste.  
(8) The owner and operator of a waste pile that could be subject to dispersal by  
wind shall cover or otherwise manage the pile so wind dispersal is controlled.  
(9) The owner and operator of a waste pile shall manage runoff from the pile as  
leachate in accordance with the provisions of R 299.4308.  
(10) At closure, the owner and operator of a waste pile shall remove  
decontaminate all of the following in accordance with the act and these rules:  
or  
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(a) Waste residues.  
(b) Contaminated liners.  
(c) Subsoils.  
(d) Structures.  
(e) Equipment.  
History: 1993 AACS.  
R 299.4131 Federal asbestos regulations; adoption by reference.  
Rule 131. (1) The definition of asbestos-containing waste material and related  
definitions contained in 40 C.F.R. §61.141 are adopted by reference in these rules.  
(2) The asbestos standards for active waste disposal sites contained in 40 C.F.R.  
§61.154 are adopted by reference in these rules.  
(3) Federal asbestos regulations are contained in 40 C.F.R. parts 61 to 62, July 1,  
1997 edition. The 1997 edition is available from the Superintendent of Documents,  
Government Printing Office, Washington, DC 20402, at a cost as of the time of  
adoption of these rules of $19.00, or from  
the Michigan Department of Environmental Quality, Waste Management Division,  
P.O. Box 30241, Lansing, Michigan 48909, at a cost as of the time of adoption of these  
rules of $19.00. The regulations specified in this rule are available for inspection at  
the Lansing office of the department.  
History: 1993 AACS; 1999 AACS.  
R 299.4132 Standard industrial classification manual; adoption by reference.  
Rule 132. (1) The office of management and budget document entitled  
"Standard Industrial Classification Manual," 1987 edition, is adopted by reference in  
these rules.  
(2) The document adopted in subrule (1) of this rule is available from the  
Superintendent of Documents, Government Printing Office, Washington, DC 20402,  
at a cost as of the time of adoption of these rules of $29.00 each, or from the Michigan  
Department of Environmental Quality, Waste Management Division, P.O. Box 30241,  
Lansing, Michigan 48909, at a cost as of the time of adoption of these rules of $29.00.  
The document adopted in this rule is available for inspection at the Lansing office of the  
department.  
History: 1993 AACS; 1999 AACS.  
R 299.4133 Test methods for evaluation of solid waste; adoption by reference.  
Rule 133. (1) The publication entitled "Test Methods for the Evaluation of Solid  
Waste, Physical/Chemical Methods," being EPA publication SW-846, 3rd edition,  
November 1986, and its updates I (July 1992), II (September 1994), 11A (August 1993),  
IIB (January 1995), and III (June 1997) are adopted by reference in these rules.  
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(2) The documents listed in subrule (1) of this rule are available from the  
Superintendent of Documents, Government Printing Office, Washington, DC 20402, at  
a cost as of the time of adoption of these rules of $319.00, or from the Michigan  
Department of Environmental Quality, Waste Management Division, P.O. Box 30241,  
Lansing, Michigan 48909, at a cost as of the time of adoption of these rules of $319.00.  
The documents are available for inspection at the Lansing office of the department.  
History: 1993 AACS; 1999 AACS.  
R 299.4134 List of hazardous inorganic and organic constituents; adoption by  
reference.  
Rule 134. (1) The list of hazardous inorganic and organic constituents contained  
in 40 C.F.R. part 258, appendix II, is adopted by reference in these rules.  
(2) The regulations setting forth the classification of solid waste disposal  
facilities and practices are contained in 40 C.F.R. part 257.3-4 and 40 C.F.R. part 257,  
appendix I, and are adopted by reference in these rules.  
(3) The appendices specified in subrules (1) and (2) of this rule are contained in  
40 C.F.R. parts 190 to 259, July 1, 1997 edition. The 1997 edition is available from  
the Superintendent of Documents, Government Printing Office, Washington, DC  
20402, at a cost as of the time of adoption of these rules of $22.00, or from the  
Michigan Department of Environmental Quality, Waste Management Division, P.O.  
Box 30241, Lansing, Michigan 48909, at a cost as of the time of adoption of these  
rules of $22.00. The regulations are available for inspection at the Lansing office  
of the department.  
History: 1993 AACS; 1999 AACS.  
R 299.4135 ASTM standards; adoption by reference.  
Rule 135. (1) The following ASTM standards are adopted by reference in these  
rules:  
(a) D422-63(90), test method for particle size analysis of soils.  
(b) D698-91, test method for laboratory compaction characteristics of soil using  
standard effort.  
(c) D1557-91, test method for laboratory compaction characteristics of soil using  
modified effort.  
(d) D2434-68)(94), test method for determining permeability of granular soils  
(constant head).  
(e) D2922-96, test method for determining the density of soil and soil aggregate in  
place by nuclear methods (shallow depth).  
(f) D2487-93, classification of soils for engineering purposes (unified soil  
classification system).  
(g) D4318-95a, test method for liquid limit, plastic limit and plasticity index of  
soils.  
(h) D5084-90, test method for hydraulic conductivity of saturated porous materials  
using a flexible wall permeameter.  
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(2) The standards listed in subrule (1)(a) to (e) and (h) of this rule are available  
from the American Society for Testing and Materials, Sales Service, 100 Barr Harbor  
Drive, West Conshohocken, Pennsylvania 19428, at a cost as of the time of adoption of  
these rules of $18.00 each. The standard listed in subrule (1)(f) and (g) of this rule is  
available from the American Society for Testing and Materials, Sales Service, 100  
Barr Harbor Drive, West Conshohocken, Pennsylvania 19428, at a cost as of the time  
of adoption of these rules of $21.00. The standards listed may also be obtained from  
the Michigan Department of Environmental Quality, Waste Management Division, P.O.  
Box 30241, Lansing, Michigan 48909, at a cost as of the time of adoption of these rules  
of $18.00 and $21.00 each, respectively. The standards adopted in this rule are  
available for inspection at the Lansing office of the department.  
History: 1993 AACS; 1999 AACS.  
R 299.4136 Federal tank and surface impoundment standards; adopted by  
reference.  
Rule 136. (1) The technical standards for tanks contained in 40 C.F.R.§264.193 are  
adopted by reference in these rules.  
(2) The technical standards for surface impoundments contained in 40 C.F.R.  
§264.221 are adopted by reference in these rules.  
(3) The regulations specified in this rule are contained in 40 C.F.R.parts 260 to 265,  
July 1, 1997 edition. The 1997 edition is available from the Superintendent of  
Documents, Government Printing Office, Washington, DC 20402, at a cost as of the  
time of adoption of these rules of $29.00, or from the Michigan Department of  
Environmental Quality, Waste Management Division, P.O. Box 30241, Lansing,  
Michigan 48909, at a cost as of the time of adoption of these rules of $29.00. The  
regulations are available for inspection at the Lansing office of the department.  
History: 1993 AACS; 1999 AACS.  
R 299.4137 Flexible membrane liner specifications; adoption by reference.  
Rule 137. (1) The flexible membrane liner specifications contained in the national  
sanitation foundation document NSF 54-1993 and the PVC geomembrane institute  
specification PGI 1197 are adopted by reference in these rules.  
(2) Copies of NSF 54-1993 may be purchased at a cost as of the time of adoption  
of these rules of $50.00 from NSF International, 3475 Plymouth Road, Ann Arbor,  
Michigan 48106, or from the Michigan Department of Environmental Quality, Waste  
Management Division, P.O. Box 30241, Lansing, Michigan 48909, at a cost as of the  
time of adoption of these rules of $50.00. The document is available for inspection at  
the Lansing office of the department.  
(3) Copies of PGI 1197 may be obtained from the PVC Geomembrane Institute,  
P.O. Box 4226, Traverse City, Michigan 49685, at no cost, or from the Michigan  
Department of Environmental Quality, Waste Management Division, P.O. Box 30241,  
Lansing, Michigan 48909, at no cost. The document is available for inspection at the  
Lansing office of the department.  
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History: 1993 AACS; 1999 AACS.  
R 299.4138 EPA methods for analysis of total and volatile residue; adoption  
by reference.  
Rule 138. (1) The EPA methods for the analysis of total and volatile residue  
specified in EPA methods 160.3 and 160.4 of the document entitled "Methods for  
Chemical Analysis of Water and Wastes, EPA-600," March, 1979 edition, is adopted  
by reference in these rules.  
(2) The test methods listed in subrule (1) of this rule are available from the  
Michigan Department of Natural Resources, Waste Management Division, P.O. Box  
30028, Lansing, Michigan 48909, free of charge. The test methods are available for  
inspection at the Lansing office of the department.  
History: 1993 AACS.  
R 299.4139 Standard methods for the examination of water and wastewater;  
adoption by reference.  
Rule 139. (1) The test methods contained in the document entitled "Standard  
Methods for the Examination of Water and Wastewater," 19th edition, are adopted by  
reference in these rules.  
(2) Copies of the document entitled "Standard Methods for the Examination of  
Water and Wastewater," 19th edition, may be purchased at a cost of $180.00, plus  
$12.00 shipping, from the American Public Health Association, 1015 15th Street, NW,  
Washington, DC 20005, or from the Michigan Department of Environmental Quality,  
Waste Management Division, P.O. Box 30241, Lansing, Michigan 48909, at a cost as  
of the time of adoption of these rules of $192.00. The test methods are available for  
inspection at the Lansing office of the department.  
History: 1993 AACS; 1999 AACS.  
R 299.4140 Definition of PCBs and PCB items; adoption by reference.  
Rule 140. (1) The definition of PCBs and PCB items contained in 40 C.F.R.  
§761.3 is adopted by reference in these rules.  
(2) The provisions of 40 C.F.R. §761.3 are contained in 40 C.F.R.parts 700 to 789,  
July 1, 1997 edition. The 1997 edition is available from the Superintendent of  
Documents, Government Printing Office, Washington, DC 20402, at a cost as of the  
time of adoption of these rules of $38.00, or from the Michigan Department of  
Environmental Quality, Waste Management Division, P.O. Box 30241, Lansing,  
Michigan 48909, at a cost as of the time of adoption of these rules of $38.00. The  
regulations are available for inspection at the Lansing office of the department.  
History: 1993 AACS; 1999 AACS.  
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R 299.4141 Natural resources conservation service critical area planting  
guide; adoption by reference.  
Rule 141. (1) The natural resources conservation service critical area planting  
guide is adopted by reference in these rules.  
(2) Copies of the document entitled "The Natural Resources Conservation Service  
Critical Area Planting Guide" may be obtained at no cost from the United States  
Department of Agriculture, Natural Resources Conservation Service, 1405 South  
Harrison Street, East Lansing, Michigan 48823, or from  
the Michigan Department of Environmental Quality, Waste Management Division,  
P.O. Box 30241, Lansing, Michigan 48909, at no cost. The guide is available for  
inspection at the Lansing office of the department.  
History: 1999 AACS.  
PART 2. CERTIFICATION OF LOCAL HEALTH DEPARTMENTS  
R 299.4201 Certification procedure.  
Rule 201. (1) By July 1 of each year, an uncertified city, county, or district  
department of health that desires to be considered for certification shall file an application  
on a form provided by the department.  
(2) An application request shall be accompanied by a document that contains the  
proposed methods, budget, and staffing to be used to carry out the performance  
requirements of R 299.4203 to R 299.4206. The document shall list the classification of  
designated authorized representatives to participate in the program and shall include all  
other pertinent information that may be deemed necessary by the department.  
(3) The minimum qualifications for individuals who have direct supervisory  
responsibility for the solid waste management program are as follows:  
(a) A baccalaureate degree or equivalent experience and training in any of the  
following:  
(i) Sanitary science.  
(ii) Public health.  
(iii) Engineering.  
(iv) Physical, chemical, or biological science.  
(v) Natural resources.  
(b) Two years of experience in environmental regulatory programs.  
(4) The application and related documents shall be used by the director to  
determine certification eligibility and for negotiation of the performance contract  
required pursuant to the provisions of R 299.4802.  
(5) The department shall, within 2 months after a complete certification application  
has been submitted, determine the eligibility of the applicant. The applicant shall be  
notified, in writing, of the department's determination. A health department shall not be  
certified until the performance contract is signed by the director and the eligible health  
department. However, health departments that have received certification the year before  
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shall continue to be certified unless otherwise notified pursuant to the provisions of  
R 299.4202.  
(6) Health department certification shall be reviewed each year by the department.  
Updated information that is relative to certification shall be provided by the health  
officer, as appropriate, or upon request of the department.  
(7) After a determination has been made on the eligibility of a health department for  
certification, the department and the appropriate local governing entity shall enter into a  
1-year contract that establishes the terms under which the health department will be  
reimbursed for personnel costs. The contract shall include the negotiated grant amount  
based on the rates for the area and work hours needed to carry out the program specified  
in R 299.4203 to R 299.4206.  
History: 1982 AACS; 1993 AACS; 2015 AACS.  
R 299.4202 Rescission of certification.  
Rule 202. (1) Certification may be rescinded by the department upon written  
request of the certified health department. The department shall notify the health  
department of its determination within 30 days and, if applicable, the effective date of  
certification termination.  
(2) The department may rescind certification upon determination that a certified  
health department is not performing satisfactorily. The department shall notify a  
certified health department of  
the performance deficiencies. A certified health  
department may, within 30 days after notification, request a hearing.  
(3) A permit or license application fee shall not be collected, nor shall a health  
department be eligible to receive personnel costs from the state for services, after the  
certification is terminated.  
History: 1982 AACS.  
R 299.4203  
Certified health department; performance requirements; solid  
waste disposal areas.  
Rule 203. (1) Except as provided in subrules (2) and (3) of this rule, a certified  
health department shall do all of the following:  
(a) At the request of an applicant, provide an advisory analysis of each proposed  
disposal area within 15 working days of the request. An advisory analysis shall include a  
site inspection and written report to the applicant regarding the preliminary feasibility of  
the disposal area as described in R 299.4901. A copy of the advisory analysis shall be  
provided to the department. Nothing in the advisory analysis shall be considered to  
constitute an approval or denial for a construction permit or operating license.  
(b) Receive all construction permit and operating license application forms and  
documents.  
(c) Immediately forward each application package to the department for review.  
(d) Upon the receipt of a construction permit application, obtain information for the  
proper notification of all parties that is required by section 11510 of the act.  
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(e) Assist the department in arranging newspaper publication of the required public  
notice in the vicinity of the proposed undertaking. The certified health department's  
obligation for such costs shall not be more than ½ of the construction permit application  
fee that is remitted by the applicant under the act.  
(f) Provide a location where the complete construction permit application may be  
reviewed by the public.  
(g) Assist the department in conducting all public hearings relative to an application  
for a construction permit.  
(h) Conduct a site inspection upon receipt of an operating license application to  
determine compliance with the act and these rules.  
(i) Submit a written report of the site inspection and a recommendation for or  
against license issuance to the department within 15 working days of receipt of the  
operating license application package. The applicant shall be sent a copy of the  
recommendation.  
(j) Provide the department and the licensee with written recommendations regarding  
appropriate action on existing facilities, which may include closure, remedial measures,  
and a compliance schedule.  
(k) File an instrument that is prepared by the applicant in the office of the register of  
deeds of the county in which a sanitary landfill is located that imposes a restrictive  
covenant upon the land involved at the time of licensing as required by section 11518 of  
the act and provide the department with a copy of the recorded instrument or a receipt  
that verifies the proper filing.  
(l) Provide a minimum of quarterly, routine, written inspection reports of all  
disposal areas, unless a more frequent inspection schedule is established by the  
department. A written notice of deficiencies, together with requirements for their  
correction, shall be provided to the licensee. Copies of all inspection reports and  
correspondence shall be provided to the department.  
(m) Follow-up inspections of disposal areas shall be conducted when necessary.  
(n) Maintain a complete file of transactions relative to the inspection report  
activities for each disposal area.  
(o) Investigate and document all complaints on solid waste disposal areas and  
dumps. Reports of actions taken shall be provided to the department.  
(p) Notify the department of any unresolved problems or violations that continue  
beyond 90 days of the health department's investigations of complaints.  
(q) Be willing and prepared to present documentation and testimony at show cause  
hearings, formal administrative hearings, or at any other informal or formal legal  
proceedings.  
(r) In cooperation with the department, issue cease and desist orders for unlicensed  
waste disposal areas or dumps. The department shall be provided with copies of any  
cease and desist orders that may be issued.  
(s) Program enforcement and review responsibilities shall be uniformly applied to  
the public and private sectors.  
(t) Assist in developing and encouraging environmentally sound methods of  
disposal, including resource recovery and conservation.  
(2) A health department that employs a qualified geologist and engineer may apply  
to the department to review all construction permits and operating license applications for  
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completeness and content. A health department that is certified to conduct a review shall  
do all of the following:  
(a) Review each construction permit and operating license application for  
completeness and notify the applicant, within 15 working days of receipt of the  
application, as to the completeness of the application.  
(b) Provide the department with a copy of all completeness reviews.  
(c) Review complete construction permit applications for compliance with the act  
and these rules and forward a review report and recommendation for or against issuance  
of a permit to the department within 45 calendar days of receipt of the complete  
application package.  
(d)  
Review complete operating license applications, including bonds and  
construction certification documents, for compliance with the act and these rules and  
forward a review report and recommendation for or against issuance of a license to the  
department within 15 working days of receipt of the complete application package.  
(e) Conduct inspections to verify that construction of a disposal area is proceeding  
in accordance with approved plans.  
(3) A health department may apply to the department for authorization to conduct  
other activities that are not specified in subrules (1) and (2) of this rule.  
(4) A certified health department is not responsible for inspecting or reviewing  
applications for disposal areas that are owned or operated by the county within the  
certified health department’s jurisdiction. The department is responsible for conducting  
the inspections.  
(5) A certified health department shall not authorize changes to engineering plans  
that are approved by the director.  
History: 1982 AACS; 1993 AACS; 1999 AACS; 2015 AACS.  
R 299.4204  
Certified health department; performance requirements; solid  
waste management planning.  
Rule 204. A certified health department shall do all of the following:  
(a) Provide an initial review of solid waste management plans and required  
updated plans developed for the county of jurisdiction. Findings and recommendations  
shall be provided to the department and the designated planning agency.  
(b) Maintain a copy of the county's current solid waste management plan for public  
review upon request.  
(c) During the preparation or update of a solid waste management plan, provide  
advice and consultation upon request to all of the following:  
(i) The planning committee.  
(ii) The designated planning agency.  
(iii) Municipalities.  
(iv) The county.  
(v) The private sector.  
(vi) Appropriate organizations.  
History: 1982 AACS.  
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R 299.4205 Certified health department; performance requirements; solid  
waste haulers.  
Rule 205. A certified health department shall do all of the following:  
(a) Inspect any solid waste transporting units or the overnight storage of such units  
as often as necessary or upon receipt of a complaint to assure complaince with the  
act and these rules. Appropriate action shall be taken by the certified health department  
to assure compliance.  
(b) Investigate any reported dumping of solid waste by a hauler other than at an  
approved disposal area.  
(c) Order any solid waste transporting unit out of service if the unit does not  
comply with the operational requirements of the act and these rules.  
(d) Be willing and prepared to present documentation and testimony at any  
informal or formal legal proceeding on any solid waste hauler or solid waste  
transporting unit.  
History: 1982 AACS.  
R 299.4206 Certified health department representatives; performance  
requirements.  
Rule 206. An authorized representative of a certified health department shall do  
both of the following:  
(a) When appropriate, attend solid waste courses, seminars, and in-service  
training programs.  
(b) Keep abreast of developments in the solid waste management and resource  
recovery field through review of periodicals.  
History: 1982 AACS.  
PART 3. TYPE III LANDFILLS  
R 299.4301 Purpose, scope, and applicability.  
Rule 301. (1) The purpose of this part is to establish standards under the act for  
all type III landfill units. These standards ensure the protection of human health and  
the environment.  
(2) Type III landfills that are new disposal areas shall not be issued an operating  
license unless the construction permit process specified in the act and R 299.4902 to R  
299.4920 has been complied with.  
(3) Except as otherwise specifically provided in this part, the standards of this part  
apply to the owners and operators of all of the following:  
(a) New type III landfill units.  
(b) Existing type III landfill units.  
(c) Vertical and lateral expansions of existing units.  
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(d) Preexisting type III landfill units. All other solid waste disposal areas and  
practices that are not regulated under part 111 of the act are subject to the standards  
contained in parts 2, 4, and 5 of these rules.  
(4) Variances to the rules that are applicable to type III landfills may be granted, in  
writing, by the solid waste control agency under R 299.4108.  
History: 1982 AACS; 1993 AACS; 1999 AACS.  
R 299.4302 Existing industrial waste landfills.  
Rule 302. (1) The owner and operator of an industrial waste landfill that has been  
issued a permit or license under the act on the effective date of these rules may construct,  
operate, and close the disposal area in accordance with existing permits, licenses, and  
approved plans if the owner and operator do all of the following:  
(a) Comply with the performance standards specified in R 299.4306.  
(b) Comply with other portions of the act and these rules applicable to existing  
disposal areas.  
(c) Not later than October 1, 1995, revise existing hydrogeologic monitoring plans,  
as necessary, to comply with R 299.4905 and submit the plans to the director with the  
first operating license application that is applied for after this date.  
(d) For any unit which is a possible source of groundwater contamination or which  
is an unmonitorable unit, submit a response action plan under R 299.4319.  
(e) Comply with the waste restrictions specified in subrule (2) of this rule.  
(2) To be disposed of in an industrial waste landfill that is an existing disposal area,  
all wastes, except for construction and demolition waste, trees, and stumps, shall have  
been subjected to the leaching test protocol specified in R 299.4311 and have been  
approved for disposal at the specific landfill based on a determination by the solid waste  
control agency that the disposal has a minimal potential for groundwater contamination.  
Waste that is approved for disposal in an industrial solid waste landfill which is an  
existing disposal area shall be retested annually, or on a more frequent schedule as  
specified by the solid waste control agency, to confirm that disposal of the waste presents  
a minimal potential for groundwater contamination. The owner or operator of an existing  
industrial waste landfill may petition the director to waive the tests specified in  
R 299.4311 for new waste or waste previously approved. The director shall approve such  
a petition if either of the following conditions is met:  
(a) The waste is listed as a low-hazard industrial waste or meets the criteria for a  
low-hazard industrial waste specified in section 11504(7) and the design of the landfill  
meets the criteria for a low-hazard industrial waste landfill specified in R 299.4307(3)(a)  
or (4).  
(b) The petition demonstrates that the location or design of the landfill minimize the  
potential for groundwater contamination, and that the concentration of constituents in the  
waste is not a significant factor.  
(3) The owners and operators of existing industrial waste landfill units which are  
not licensed under the act as type III landfills on the effective date of these rules, but  
which receive waste under other authority, shall notify the director of the nature and  
extent of the disposal area not less than 6 months after the effective date of these rules.  
At any time after such date, the owner or operator of an industrial waste landfill specified  
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in this subrule may be required, by the director, to submit an operating license  
application. An owner and operator that are required to submit an operating license  
application under this rule shall be allowed not less than 6 months to submit the  
application. An operating license application shall include all of the following  
information:  
(a) A waste characterization that is in compliance with R 299.4118a.  
(b) A hydrogeologic report and monitoring program that is sufficient to comply  
with R 299.4904 and R 299.4905.  
(c) Engineering plans that are sufficient to comply with both of the following:  
(i) The final cover requirements of R 299.4304 for all units.  
(ii) The design requirements of R 299.4307 for all new units or lateral extensions of  
existing units.  
(d) Information that is required by R 299.4922.  
(4) Engineering plans, hydrogeologic evaluations, and the surface water and  
groundwater monitoring program for industrial waste landfills that are not licensed under  
the act shall be reviewed by the director to assure compliance with these rules. The  
owners and operators of landfills that the director determines are not in compliance with  
these rules may be issued a timetable or schedule of remedial measures that will lead to  
compliance within a reasonable time period, which shall not be more than 2 years from  
the date of the determination.  
History: 1982 AACS; 1993 AACS; 1999 AACS; 2015 AACS.  
R 299.4303 Existing construction and demolition waste landfills.  
Rule 303. (1) Construction and demolition waste landfills that are existing  
disposal areas shall be in compliance with all of the requirements of this part that  
are not designated as applying to new disposal areas only.  
(2) The owner and operator of an existing construction and demolition waste  
landfill shall comply with the final cover requirements of R 299.4304 for all units  
that are not certified to be closed within 6 months of the effective date of these rules and  
with the design requirements of R 299.4307 for any new unit or lateral extension of an  
existing unit.  
(3) The owner and operator of an existing construction and demolition waste  
landfill are not required to submit revised engineering plans to the director, but shall  
submit as-built plans as part of the construction certification pursuant to the  
provisions of R 299.4921.  
(4) Not later than October 9, 1994, the owner and operator of a construction  
and demolition waste landfill shall revise existing hydrogeologic monitoring plans  
as necessary to comply with R 299.4905 and shall submit such plans to the director  
with the first operating license application or reapplication that is made after October  
9, 1994.  
History: 1982 AACS; 1993 AACS.  
R 299.4304 Type III landfill final cover design.  
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Rule 304. (1) The owner and operator of a type III landfill unit shall install a final  
cover system which is designed to minimize erosion and infiltration to the extent  
necessary to protect the public health and the environment.  
(2) If methane or other decomposition gases will be generated within a type III  
landfill, the owner and operator shall design and employ a means of ensuring that gases  
cannot travel laterally from the site or accumulate in structures.  
(3) The owner and operator of a type III landfill shall grade portions of the landfill  
that have received final cover so as to prevent storm water runoff from entering the  
active portion.  
(4) The owner and operator of a type III landfill shall design and operate the landfill  
so as to bring the active portion up to final grade as soon as possible.  
(5) To prevent the ponding of water on completed fill surfaces, the grading  
contours shall tend to forestall development of local depressions due to post-construction  
settlement. Slopes of the final cover shall not exceed 1 vertical on 4 horizontal or as  
necessary to permit the establishment of vegetative cover. The final slope for a type III  
landfill that is a new disposal area shall not be less than 2%, unless the director  
approves a final cover that is not designed to minimize infiltration, as provided in  
subrule (7) of this rule, or otherwise approves a variance under R 299.4108.  
(6) Except as provided in subrule (7) of this rule, final cover for type III landfills  
shall be comprised of an erosion layer underlain by an infiltration layer, as follows:  
(a) The infiltration layer shall be comprised of 1 of the following:  
(i) A minimum of 2 feet of compacted soil that is in compliance with R 299.4913.  
For new disposal areas, the compacted soil shall also be protected by at least 2 feet  
of additional soil.  
(ii) A flexible membrane liner that is in compliance with R 299.4915.when properly  
sloped and protected by at least 2 feet of soil.  
(iii) An approved alternative material, when properly sloped and protected, if  
equivalent protection is provided.  
(b) The erosion layer shall consist of a minimum of 6 inches of earthen material  
that is capable of supporting native plant growth.  
(7) The owner and operator of a type III landfill may install a final cover that is  
not designed to minimize infiltration if the landfill unit meets the design criteria of R  
299.4307(3)(b) and the owner and operator demonstrate that infiltration through the  
final cover will not violate the performance standards of R 299.4306 throughout the  
postclosure period.  
History: 1982 AACS; 1993 AACS; 1999 AACS.  
R 299.4305 Type III landfill location restrictions.  
Rule 305. (1) The requirements of this rule apply to type III landfills that are new  
disposal areas.  
(2) Horizontal isolation distances shall be in compliance with the following  
provisions, as applicable:  
(a) The isolation distances established for a specific landfill shall take into  
consideration immediate and long-term environmental factors, including all of the  
following:  
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(i) Noise.  
(ii) Blowing papers.  
(iii) Dust.  
(iv) Odor.  
(v) Vectors.  
(vi) Pest animals.  
(vii) Equipment vibration.  
(b) Unless a variance is obtained under R 299.4108, the active work area for type  
III landfills that are new disposal areas shall not be located closer than 100 feet to  
adjacent property lines, road rights-of-way, or lakes and perennial streams or closer than  
300 feet to domiciles that exist at the time of issuance of a construction permit. In  
addition, approval of less than 200 feet of isolation distance requires either a berm  
which is not less than 8 feet high with a 4-foot fence on top and which is constructed  
around the perimeter of the active work area or natural screening that offers  
equivalent protection.Greater isolation distances may be required in any of the  
following situations:  
(i) Geological conditions require it.  
(ii) The site is adjacent to special quiet zones, as designated by local or state  
government.  
(iii) The site is near an airport.  
(iv) Federal or state regulations apply.  
(v) Dewatering will adversely affect adjacent aquifers.  
(c) Construction and demolition waste landfills which are new disposal areas and  
which will accept waste from more than 1 generator shall comply with the location  
restrictions for type II landfills specified in R 299.4412 to R 299.4418.  
(3) A type III landfill shall not be located within a floodplain unless the necessity  
for such a location can be substantiated through an environmental assessment and  
unless it can be demonstrated that the fill will not affect upstream or downstream flood  
stages. To demonstrate that the fill will not affect upstream or downstream flood stages,  
the owner or operator shall obtain a permit under part 31 of the act.  
(4) A type III landfill shall not be located within a wetland unless it meets both of  
the following requirements:  
(a) The location can be substantiated through an environmental assessment which  
considers alternatives and assures that all potentially negative impacts can be  
mitigated.  
(b) Where applicable, the applicant obtains a permit under part 303 of the act.  
(5) The applicant shall demonstrate, as part of the permit application, that  
operation of the proposed type III landfill will not result in noise exceeding the  
following levels for specified adjacent land uses when measured  
at the common property line nearest the active work area:  
Adjacent Use  
Residential  
Maximum Sound Level  
75 dBA.  
Commercial  
85 dBA.  
Industrial and other  
90 dBA.  
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Objectionable noises due to intermittence, beat, frequency, or shrillness shall be  
muffled so as not to become a nuisance to adjacent users.  
History: 1982 AACS; 1993 AACS; 1999 AACS.  
R 299.4306 Type III landfill water quality performance standard.  
Rule 306. (1) The design and siting of type III landfills shall ensure that  
groundwater at the solid waste boundary will not exceed standards described in the  
criteria for the classification of solid waste disposal facilities and practices, 40 C.F.R.  
part 257.3-4 and appendix I of 40 C.F.R. part 257, or that the concentration of substances  
will not be increased where their existing concentration exceeds the maximum levels  
established in 40 C.F.R. part 257, appendix I, unless groundwater is unsuitable for  
human consumption by having more than 10,000 mg/l total dissolved solids.The  
provisions of 40 C.F.R. part 257.3-4 and 40 C.F.R. part 257, appendix I are adopted by  
reference in R 299.4134.  
(2) The design, siting, and operation of a type III landfill shall ensure that all of the  
requirements for the protection of surface and groundwater that are contained in part 31  
of the act and rules promulgated under part 31 of the act shall be met.  
History: 1982 AACS; 1993 AACS; 1999 AACS.  
R 299.4307 Type III landfills; design standards; natural soil sites; lined sites.  
Rule 307. (1) The design standards of this rule apply to both of the following:  
(a) New disposal areas for industrial waste.  
(b) New units and lateral extensions of existing units at a construction and  
demolition waste landfill.  
(2) Except as required by subrules (5) and (6) of this rule, a type III landfill shall be  
located and designed with either of the following:  
(a) A liner that is in compliance with subrule (4) of this rule.  
(b) A natural soil barrier that is in compliance with subrule (3)(a) of this rule.  
(c) For low-hazard industrial waste, a means of otherwise preventing groundwater  
contamination, as provided by subrule 3(b) of this rule.  
(3) The following provisions apply with respect to natural soil sites for type III  
landfills:  
(a) A natural soil barrier shall have a maximum demonstrated hydraulic  
-7  
conductivity of  
cm/sec and shall meet the criteria specified in R 299.4912.  
1.0 x 10  
The director may approve a combination of natural soils with a maximum demonstrated  
-6  
hydraulic conductivity of  
cm/sec having a thickness that provides equivalent  
1.0 x 10  
-7  
protection to 10 feet of  
cm/sec soil. Type III natural clay sites where the clay  
1.0 x 10  
does not extend to the surface shall include side cutoff walls or other barriers and controls  
to impede the lateral infiltration of water into the fill and to impede lateral flow of  
leachate out of the fill interior.  
(b) Applications for low-hazard industrial waste landfills at natural soil sites that do  
not meet the permeability or soil classifications of subdivision (a) of this subrule shall be  
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considered based on the hydrogeologic characteristics of the site, including the  
permeability and thickness of the soils, the ability of the soils to attenuate leachate,  
groundwater level, and other factors particular to a specific site. In addition, all of the  
following requirements apply:  
(i) The applicant shall characterize the waste in accordance with R 299.4118a  
criteria established by the director and shall retest the waste annually, or on a more  
frequent schedule, as specified by the solid waste control agency if the character of the  
waste is variable.  
(ii) In the application, an applicant shall explain the rationale for the design using  
calculations, if applicable, and professional analyses to show how the proposed design is  
expected to be in compliance with the performance standards specified in R 299.4306.  
(iii) Two thousand feet of horizontal isolation shall exist in the direction of  
groundwater flow measured from the solid waste boundary to public water supply wells  
and domestic wells in existence at the time of an advisory analysis.  
(iv) One thousand feet of horizontal isolation shall exist in directions lateral to or  
upgradient of the direction of groundwater flow measured from the solid waste boundary  
to public water supply wells and off-site domestic wells in existence at the time of  
advisory analysis.  
(v) Based on the hydrogeological evaluation, the director may approve a decrease in  
the isolation distances specified in paragraphs (ii) to (iv) of this subdivision.  
(vi) An applicant shall demonstrate, by technical calculations, considering the  
design details and operational procedures specific to the site, how run-off from those  
portions of the landfill that contain solid waste will be managed to comply with  
R 299.4306.  
(4) All of the following may be used as a liner system for type III landfills:  
(a) A compacted soil liner which has a minimum thickness of 3 feet and which is in  
compliance with the specifications of R 299.4913.  
(b) A composite liner.  
(c) A flexible membrane liner which is in compliance with the specifications of  
R 299.4915 and which is not less than 30 mils thick, if the liner is installed on stable soil  
-
not less than 4 feet thick and which has a hydraulic conductivity that is less than  
1.0 x 10  
5
cm/sec.  
(d) Other liner materials, modified soils, or technologically advanced liner systems,  
based on data supplied by the applicant regarding the system's durability, permeability,  
resistance to sunlight and chemicals, and performance in similar applications. The  
director shall determine the acceptability of the data and proposed design.  
(5) New disposal areas for industrial solid waste that do not meet the criteria for  
low-hazard industrial solid waste contained in section 11504(7) shall, at a minimum,  
contain a composite liner.  
(6) A new unit or a lateral extension of an existing unit at a type III landfill that is  
an unmonitorable unit shall not be licensed unless the unit contains a leak detection  
system that is monitored in accordance with the approved hydrogeological monitoring  
plan. The owner or operator of an unmonitorable unit who installs a leak detection  
system to monitor the unit shall include in the hydrogeological monitoring plan  
provisions for monitoring the leak detection system in accordance with R 299.4437.  
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History: 1982 AACS; 1993 AACS; 1999 AACS; 2005 AACS; 2015 AACS.  
R 299.4308 Type III landfill leachate collection and treatment.  
Rule 308. (1) The following type III landfills, except for those established  
under R 299.4307(3)(b) or R 299.4309, shall have systems to collect and remove  
leachate:  
(a) Industrial waste landfills that are new disposal areas.  
(b) New units and lateral extensions of existing units at construction and demolition  
waste landfills.  
(2) Leachate collection systems for type III landfills shall be designed, constructed,  
and operated to limit the head at the lowest point in the system to not more than 1 foot,  
excluding the sump. Except as provided in subrule (1) of this rule, type III landfills  
shall have leachate collection systems that are in compliance with R 299.4423.  
(3) Leachate that is removed shall either be reintroduced into the landfill if it  
can be demonstrated that such leachate will be absorbed by the landfill or shall be  
conveyed to a wastewater treatment facility that is capable of treating the leachate to  
meet appropriate discharge standards specified in a wastewater discharge permit issued  
under part 31 of the act.  
History: 1982 AACS; 1993 AACS; 1999 AACS.  
R 299.4309 Industrial waste surface impoundments closed as landfills; design  
standards; testing of wastes.  
Rule 309. (1) The requirements of this rule apply to a surface impoundment which  
receives low-hazard industrial waste sludges or slurries that contain free liquids and  
which is an impoundment where solid waste will remain after closure. This rule does  
not apply to landfills that are in compliance with  
the leachate management requirements of R 299.4308, except as provided in this  
rule. An industrial waste surface impoundment that is closed as a landfill shall be in  
compliance with all parts of these rules designated as applying to type III landfills.  
(2) In the construction permit application for an industrial waste surface  
impoundment that is closed as a landfill, the engineer shall explain the rationale for  
the design, using calculations, if applicable, and professional analyses to show how the  
proposed design is expected to comply with the groundwater quality performance  
standards of R 299.4306.  
(3) All wastes to be disposed of in an industrial waste surface impoundment  
that is closed as a landfill, shall have been subjected to the leaching test protocol  
specified in R 299.4311 and shall be classed as a low-hazard industrial waste.  
(4) Free liquids in an industrial waste surface impoundment shall be discharged  
in accordance with a permit which is issued under part 31 of the act and which  
considers the effect of the discharge on surface and groundwater.  
(5) A surface impoundment shall maintain enough freeboard to prevent any  
overtopping of the dike by overfilling, wave action, or a storm, but not less than 2 feet at  
any time. The owner or operator shall level at least once each week to ensure compliance  
with this subrule.  
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(6) An earthen dike at a surface impoundment shall have a protective cover,  
such as grass or rock, to minimize wind and water erosion and to preserve its  
structural integrity. The owner or operator shall inspect an earthen dike at least once  
per week to detect any deterioration or failure in the impoundment.  
(7) At closure, the owner or operator of a surface impoundment that is closed as a  
landfill shall do all of the following unless the director determines that such actions  
are not necessary:  
(a) Eliminate free liquids by removing liquid wastes or solidifying the remaining  
wastes and waste residues.  
(b) Stabilize remaining wastes to a bearing capacity that is sufficient to support final  
cover.  
(c) Cover the surface impoundment with a final cover that is in compliance with the  
requirements of R 299.4304.  
(d) Conduct groundwater monitoring and postclosure maintenance in  
accordance with rules applicable to type III landfills.  
History: 1982 AACS; 1993 AACS; 1999 AACS.  
R 299.4310 Type III landfill location restrictions; groundwater isolation.  
Rule 310. (1) Type III landfills that do not have a liner or leachate collection  
system shall have a permanent minimum clearance of 4 feet from the bottom of the waste  
to the groundwater level, unless the director authorizes a variance from this requirement  
under R 299.4108.  
(2) Type III landfills that have a liner shall have a permanent minimum clearance  
of 4 feet from the top of the liner to the groundwater level, unless the director  
authorizes a variance from this requirement under R 299.4108.  
(3) Gravity interception of groundwater to maintain the minimum clearance to  
groundwater level specified by this rule may be utilized. The pumping of groundwater  
to control groundwater level is not considered permanent and shall not be utilized.  
History: 1982 AACS; 1993 AACS; 1999 AACS.  
R 299.4311 Leaching tests to evaluate potential for groundwater  
contamination at unlined industrial waste landfills.  
Rule 311. (1) A license applicant for a new low-hazard industrial waste landfill  
that does not have a liner system meeting the standards of R 299.4307(3)(a) or (4)  
and a leachate collection system meeting the standards of R 299.4308, or any person  
who intendS to place new waste in an existing industrial waste landfill that does not  
have a liner and leachate collection system, shall subject the waste to a leaching test  
procedure specified in subrule (2) of this rule to assist in the evaluation of  
groundwater contamination potential, and the applicant shall demonstrate to the director  
that such concentration does not pose more than a minimal potential of groundwater  
contamination. Where actual field data on a waste is available at existing facilities, it  
shall also be used to assist in the evaluation of groundwater contamination potential.  
The director shall approve new wastes at an existing industrial waste landfill which does  
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not contain a liner and leachate collection system if the concentration of hazardous  
substances in the new waste is not significantly greater than wastes previously  
approved, as demonstrated by a statistical test consistent with R 299.4908 and if the  
landfill is otherwise in compliance with these rules.  
(2) To evaluate the leaching potential of an industrial waste, the person shall  
analyze representative samples of the waste in accordance with the toxicity  
characteristic leaching procedure, EPA method 1311, or the synthetic precipitation  
leaching procedure, EPA method 1312. Samples shall be collected and analyzed in  
accordance with the publication entitled "Test Methods for Evaluating Solid Waste,"  
SW-846 3rd edition, which is adopted by reference in R 299.4133. As specified in that  
document, 4 discrete samples shall constitute the minimum number of samples  
necessary to be considered representative of a waste. If an alternate leach test  
procedure is proposed, the leaching test procedure shall have been developed by a  
recognized independent testing association, trade association, professional society, or  
regulatory agency and shall be documented as to applicability and reproducibility.  
(3) Waste that is disposed of in an industrial waste landfill which is an existing  
disposal area shall be retested to evaluate the potential for groundwater  
contamination annually or on a more frequent schedule as specified by the solid  
waste control agency, unless the director approves a petition to discontinue such testing  
under R 299.4302. Test results shall be submitted to the solid waste control agency.  
(4) A waste that is classified as a type III waste may be disposed of in a type II  
landfill.  
(5) The department may specify that a waste be segregated from other wastes in  
a type III landfill or that other special handling procedures be used.  
History: 1982 AACS; 1993 AACS; 1999 AACS.  
R 299.4312 Rescinded.  
History: 1982 AACS; 1993 AACS.  
R 299.4313  
Type III  
landfill  
licensing  
procedure;  
construction  
verification; field notes; application package; inspection by solid waste control  
agency.  
Rule 313. (1) A verification by a registered professional engineer that the  
construction of a type III landfill unit was in  
accordance  
with  
the approved  
engineering plans shall accompany all license applications for newly constructed  
units. Construction records that are specified in R 299.4921 shall accompany the  
verification.  
(2) An operating license application for a new unit that is upgraded to meet the  
requirements of these rules shall include as-built plans of the unit that are in  
compliance with the provisions of R 299.4910.  
(3) The application package shall be submitted to the solid waste control  
agency.  
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(4) The solid waste control agency shall make at least 1 inspection of the landfill  
after receiving a license application and shall, before license issuance, evaluate the  
status of compliance with the act and these rules.  
History: 1982 AACS; 1993 AACS.  
R 299.4314 Rescinded.  
History: 1982 AACS; 1993 AACS.  
R 299.4315 Type III landfill operating requirements; equipment; supervision;  
access; unloading of solid waste; control of dust and blowing papers; spreading  
and compaction; cell volume; hazardous waste, liquids, or sewage; burning; on-site  
roads; salvaging; insects and rodents; sloping, grading, and drainage; noise levels;  
monitor well sampling; leachate removal and disposal.  
Rule 315. (1) Properly maintained equipment of adequate number, type, and size  
shall be used in operating a type III landfill pursuant to established engineering practice  
and these rules. Backup equipment shall be available on the site or suitable arrangements  
shall be made to provide for such equipment from other sources during equipment  
breakdown or during peak loads.  
(2) A type III landfill operation shall be under the immediate direction of a  
responsible individual.  
(3) Access to a type III landfill shall be limited to those times when an attendant is  
on duty or when an alternative monitoring device is in use and shall be limited to those  
persons who are authorized to use the site for the disposal of solid waste. Access to the  
site shall be controlled by a suitable barrier.  
(4) The unloading of solid waste shall be continuously supervised.  
(5) Measures shall be provided to control fugitive dust, odors, and other emissions  
at a type III landfill. These measures shall be sufficient to ensure that the operation of  
the landfill will not produce any emission that results in a violation of part 55 of the act.  
(6) Solid waste at a construction and demolition waste landfill shall be spread so  
that it can be compacted in layers that are not more than 2 feet deep. Large and bulky  
items, when not excluded from the site, shall be disposed of in a manner that is  
approved by the solid waste control agency.  
(7) The owner or operator of a type III landfill shall record the quantity of waste  
that is disposed of in tons or cubic yards. Records of waste disposal shall be used to  
calculate deposits into the perpetual care fund that are required by section 11525 of the  
act.  
(8) The following wastes shall not be disposed of in a type III landfill:  
(a) Materials that would adversely affect the liner.  
(b) Household waste.  
(c) Hazardous waste, as defined in R 299.9203.  
(d) Liquid waste, except for industrial sludges and leachate recirculated under R  
299.4308(2).  
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(9) The burning of trees, stumps, and brush at a type III landfill shall be severely  
restricted and shall be conducted only in designated areas with the permission of the  
solid waste control agency and other appropriate authorities. Suitable measures  
shall be available to extinguish accidental fires.  
(10) On-site roads shall be designed and constructed so that traffic flows smoothly  
and is not interrupted by ordinary inclement weather.  
(11) Salvaging at a construction and demolition waste landfill, if allowed by the  
licensee, shall be organized so that it does not interfere with the prompt sanitary  
disposal of solid waste or create unsightliness or health hazards. Scavenging is not  
permitted. White goods and other recyclable metals may be stored for eventual  
recycling on the site of a construction and demolition waste landfill in a separate area  
away from the active work area if a nuisance or health hazard does not develop. The  
period of storage shall not be longer than a period of time that constitutes speculative  
accumulation.  
(12) Conditions unfavorable to the propagation of insects and rodents shall be  
maintained at a construction and demolition waste landfill by carrying out routine landfill  
operations promptly and systematically. Supplemental insect and rodent control  
measures shall be instituted when necessary.  
(13) The entire site, including the fill surface, shall be sloped, graded, and provided  
with drainage facilities to accomplish all of the following purposes:  
(a) Minimize run-off onto and into the fill.  
(b) Prevent erosion or washing of the fill.  
(c) Drain off rainwater falling on the fill.  
(d) Prevent the collection of standing water.  
(14) Landfill operations shall be conducted in a manner that will not exceed the  
noise levels specified in R 299.4305(5). The solid waste control agency shall monitor  
noise levels using weighted decibel measurements, referenced to 20 micropascals,  
with a type of audio output meter approved by the United States bureau of standards.  
(15) A licensee shall have the monitoring wells sampled and analyzed at least  
quarterly during the landfill's operation. Following the closure of the landfill,  
semiannual sampling and reporting are required during the 30-year postclosure  
period. Sampling, preservation, and analysis procedures  
shall be approved by the department. Analyses shall be submitted to the  
department within 30 days of the end of the calendar quarter, in a form and format  
specified by the department.  
(16) A licensee shall remove leachate from a leachate collection sump as  
frequently as necessary to maintain less than 1 foot of liquid in the leachate  
collection and removal system and shall check the leachate collection sump at least  
monthly to assure compliance with this requirement.  
(17) The collected leachate shall be disposed of in a manner that does not damage  
the environment. Disposal options may include conveying the leachate to a publicly  
owned treatment works upon written approval of the municipality that operates the  
treatment works or other facility permitted under part 31 of the act. This rule does not  
preclude the need for any other authorization that is required for the leachate disposal  
method selected.  
History: 1982 AACS; 1993 AACS; 1999 AACS; 2005 AACS.  
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R 299.4316 Type III landfill operating requirements; daily and interim cover  
material at construction and demolition waste landfills.  
Rule 316. (1) A suitable cover material that is in compliance with the provisions  
of R 299.4429 shall be placed on all exposed solid waste at a construction and  
demolition waste landfill by the end of each working day, unless the director approves a  
variance from this requirement based on a demonstration by the owner or operator that  
controls on the type of waste received and operation of the landfill will adequately  
prevent fugitive dust, blowing litter, and other nuisances.  
(2) One foot of compacted cover, which may include the 6-inch daily cover,  
shall be placed on the surface of any lift that will be exposed for a period of 3 months or  
more before additional lifts are constructed.  
History: 1982 AACS; 1993 AACS.  
R 299.4317 Type III landfill operating requirements; closure and postclosure  
care.  
Rule 317. (1) The owner or operator of a type III landfill shall place landfill  
cover materials that are described in R 299.4304 over the entire surface of each portion  
of the final lift not more than 6 months after the placement of solid waste within that  
portion.  
(2) Erosion control measures shall be instituted during closure and throughout  
the postclosure period to minimize erosion of the final cover.The measures shall comply  
with part 91 of the act.  
(3) Final cover depths shall be maintained for a period of 30 years after the final  
cover is certified in accordance with this rule.  
(4) All final covered areas shall be seeded and stabilized as soon as practical  
after placement of final cover. Appropriate seed for the soil type, slope, and moisture  
condition shall be selected for this purpose. The owner or operator shall regularly inspect  
seeded areas during and after closure and shall take measures to assure that the  
vegetation is established and maintained.  
History: 1993 AACS; 1999 AACS.  
R 299.4318 Type III landfill operating requirements; groundwater monitoring.  
Rule 318. (1) The requirements of this rule apply to all type III landfill units,  
except as provided in subrule (2) of this rule.  
(2) The director shall reduce or waive certain groundwater monitoring requirements  
of this rule if the owner or operator can demonstrate compliance with either of the  
following provisions:  
(a) That there is no potential for migration of hazardous constituents from that type  
III unit to the uppermost aquifer during the active life of the unit and the 30-year post-  
closure care period. The demonstration shall be certified by a qualified groundwater  
scientist and approved by the director and shall be based upon both of the following:  
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(i) Site-specific field collected measurements, sampling, and analysis of physical,  
chemical, and biological processes that affect contaminant fate and transport.  
(ii) Contaminant fate and transport predictions that maximize contaminant  
migration and consider impacts on human health and the environment.  
(b) That a discharge to the uppermost aquifer will occur, but that such discharge is  
authorized and monitored under a permit issued pursuant to the provisions of part 31 of  
the act.  
(3) Owners and operators of type III landfill units shall comply with the  
groundwater monitoring requirements of this rule before waste can be placed in the unit.  
(4) Once established at a type III landfill unit, groundwater monitoring shall be  
conducted throughout the active life and 30-year post-closure care period of that unit.  
(5) Groundwater monitoring is required at type III landfill units at all groundwater  
monitoring wells defined pursuant to the provisions of R 299.4906. At a minimum, a  
groundwater monitoring program for a type III landfill shall include monitoring for the  
following constituents:  
(a) The primary inorganic indicators that are listed in the provisions of R 299.4450  
or alternate indicators listed in the provisions of R 299.4451 quarterly during the active  
life of the facility and semiannually during the 30-year post-closure period, except as  
provided for in subrule (7) of this rule.  
(b) The constituents that are listed in the provisions of R 299.4452, R 299.4453, and  
R 299.4454, annually during the active life of the facility and the 30-year post-closure  
period, except as provided in subrule (6) of this rule.  
(c) Other constituents required by a construction permit or approved hydrogeologic  
monitoring plan.  
(6) The director shall delete any of the monitoring parameters specified in subrule  
(5) of this rule for a type III landfill unit if it can be shown that the removed constituents  
are not reasonably expected to be in or derived from the waste that is contained in the  
unit in significant concentrations. An owner or operator may demonstrate that a  
constituent is not expected to be in or derived from the waste in significant concentrations  
if 1 of the following conditions exists based on all available historical waste  
characterizations pursuant to the provisions of R 299.4118a or the historical analysis of  
leachate from not less than 2 samplings:  
(a) The constituent and any breakdown products are not and have not been detected  
at practical quantitation limits approved by the director.  
(b) The concentration of the constituent is below the background concentration of  
the constituent in groundwater.  
(c) The concentration of the constituent is below the part 201 generic residential  
criteria contained in R 299.44 and R 299.46, and other constituents will serve as better  
indicators of leakage from the landfill unit.  
(7) The owner and operator of a type III landfill may apply to the director for an  
appropriate alternative frequency for repeated sampling and analysis for constituents that  
are specified in subrule (5) of this rule during the active life, including closure, and the  
30 year post-closure care period. The alternative frequency during the active life,  
including closure, shall be not less than semiannually. The alternative frequency shall be  
based on consideration of all of the following factors:  
(a) Lithology of the aquifer and unsaturated zone.  
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(b) Hydraulic conductivity of the aquifer and unsaturated zone.  
(c) Groundwater flow rates.  
(d) Minimum distance of travel between waste and the closest downgradient  
monitoring well screen.  
(e) The presence of an alternate monitoring system, such as a secondary collection  
system.  
(8) A minimum of 4 independent samples from each background and downgradient  
well shall be collected and analyzed during the first sampling event. An alternate  
background collection schedule may be approved by the department. At least 1 sample  
from each background and downgradient well shall be collected and analyzed during  
subsequent sampling events.  
(9) If the owner or operator determine, pursuant to a statistical test specified in  
R 299.4908, that there is a statistically significant increase over background for 1 or more  
of the constituents or indicators listed in subrule (5) of this rule at any monitoring well at  
or within the solid waste boundary, or at other monitoring locations required by the  
director, then the owner and operator shall do all of the following:  
(a) Within 14 days of the determination, place a notice in the facility’s files that  
indicates which constituents have shown statistically significant increases from  
background levels and notify the director.  
(b) Within 30 days of the determination, the owner and operator may demonstrate  
to the director that a source other than a landfill unit or other source at the facility caused  
the contamination, that the statistically significant increase resulted from error in  
sampling, analysis, statistical evaluation, or natural variation in groundwater quality, or  
that the increase is authorized by a permit that is issued pursuant to the provisions of part  
31 of the act. A report that documents this demonstration shall be certified by a qualified  
groundwater scientist, be submitted to the director within 30 days of the determination  
and be placed in the facility’s files. If the director notifies the owner or operator that a  
successful demonstration has not been made, then within 15 days of the notification by  
the director the owner and operator shall submit a response action plan to the director as  
required in R 299.4319. If a successful demonstration is made and documented, the  
owner or operator shall do the following:  
(i) Continue detection monitoring as specified in this rule.  
(ii) Determine whether the presence of hazardous constituents in groundwater  
renders any new units or lateral extensions within the solid waste boundary  
unmonitorable. If so, the owner and operator shall develop a schedule for submitting  
revised engineering plans for such lateral extensions or new units that include a leak  
detection system. The owner or operator of an unmonitorable unit who installs a leak  
detection system to monitor the unit shall include in the hydrogeological monitoring plan  
provisions for monitoring the leak detection system in accordance with R 299.4437.  
History: 1993 AACS; 2005 AACS; 2015 AACS.  
R 299.4319 Type III landfill operation; response action plan.  
Rule 319. (1) The owner and operator of a type III landfill unit that is  
required to prepare a response action plan shall do all of the following:  
(a) Identify possible sources of groundwater contamination.  
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(b) Identify interim response activities taken or to be taken to control  
possible sources of contamination.  
(c) For a unit that the owner or operator determines is a probable source  
of contamination, develop and submit a schedule for terminating waste  
receipt, initiating closure, and redesigning and constructing new units to  
include a leak detection system or other means of monitoring the unit. If  
appropriate, the schedule shall be based on all of the following factors:  
(i) The concentration of hazardous substances.  
(ii) The rate of migration.  
(iii) Risks to human health and the environment, including the proximity of drinking  
water supplies.  
(iv) The practicality of initiating closure.  
(v) The availability of other disposal locations.  
(vi) Other relevant factors.  
(2) The director shall approve or deny a response action plan within 60 days of  
submittal. If the director denies a plan, then the director shall specify schedules for  
closure and interim response necessary to protect human health and the environment.  
(3) If the concentrations of all constituents that are listed in R 299.4318(5), or  
other applicable hazardous substances, are shown to be at or below background values,  
using the statistical procedures in R 299.4908, for 2 consecutive sampling events, or  
other concentrations authorized pursuant to part 201 of the act, then the owner and  
operator shall notify the director of this finding and may suspend actions under the  
response action plan.  
(4) As part of a response action plan for a type III landfill, the owner or operator  
shall do both of the following:  
(a) Establish groundwater protection standards for all constituents that are  
determined to be above background in accordance with part 201 of the act.  
(b) If necessary, initiate a remedial investigation pursuant to part 201 of the act.  
(5) If the concentration of any constituent listed in R 299.4318(5) or other  
applicable hazardous substance is above background, but all concentrations are  
below the appropriate cleanup criteria for groundwater established by the department  
pursuant to section 20120a(1)(a) of the act, then the owner and operator shall do all of  
the following:  
(a) Continue response actions to control the source of contamination.  
(b) Continue groundwater monitoring in accordance with R 299.4318.  
(c) Characterize the nature and extent of any release by installing additional  
monitoring wells, as necessary.  
(d) If the sampling of wells indicates that hazardous substances have migrated  
off-site, notify all persons who own the land or reside on the land that directly overlies  
any part of the impacted area.  
(6) If 1 or more hazardous substances are detected at statistically significant  
levels and are above the appropriate cleanup criteria for groundwater established by  
the department pursuant to section 20120a of the act in any sampling event, then the  
owner or operator shall do all of the following:  
(a) Continue response actions to control the source of contamination.  
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(b) Continue groundwater monitoring in accordance with the provisions of R  
299.4318.  
(c) Characterize the nature and extent of any release by installing additional  
monitoring wells, as necessary.  
(d) If the sampling of wells indicates that hazardous substances have migrated  
off-site, notify all persons who own the land or reside on the land that directly overlies  
any part of the impacted area.  
(e) Initiate a feasibility study, as specified in part 201 of the act. The feasibility  
study shall be completed within a reasonable period of time approved by the director.  
(7) Based on the results of the feasibility study, the owner and operator shall  
propose to the director a remedial action plan which is in compliance with the  
provisions of part 201 of the act.  
History: 1993 AACS; 2005 AACS.  
PART 4. MUNICIPAL SOLID WASTE LANDFILLS  
R 299.4401 Rescinded.  
History: 1982 AACS; 1993 AACS.  
R 299.4402 Rescinded.  
History: 1982 AACS; 1993 AACS.  
R 299.4403 Rescinded.  
History: 1982 AACS; 1993 AACS.  
R 299.4404 Rescinded.  
History: 1982 AACS; 1993 AACS.  
R 299.4405 Rescinded.  
History: 1982 AACS; 1993 AACS.  
R 299.4406 Rescinded.  
History: 1982 AACS; 1993 AACS.  
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R 299.4407 Rescinded.  
History: 1982 AACS; 1993 AACS.  
R 299.4408 Rescinded.  
History: 1982 AACS; 1993 AACS.  
R 299.4409 Definitions.  
Rule 409. As used in this part:  
(a) "Airport" means a public-use airport that is open to the public without prior  
permission and without restrictions within the physical capacities of available  
facilities.  
(b) "Appendix II constituents" or "constituents listed in appendix II" means the  
constituents listed in the provisions of 40 C.F.R. part 258, appendix II. The  
provisions of 40 C.F.R. part 258, appendix II, are adopted by reference in R  
299.4134.  
(c) "Areas susceptible to mass movement" means those areas that are  
characterized as having an active or substantial possibility of mass movement where  
the movement of earth material at, beneath, or adjacent to the landfill unit, because of  
natural or man-induced events, results in the downslope transport of soil and rock  
material by means of gravitational influence. Areas of mass movement include  
any of the following:  
(i) Landslides.  
(ii) Avalanches.  
(iii) Debris.  
(iv) Slides and flows.  
(v) Soil fluctuation.  
(vi) Block sliding.  
(vii) Rock fall.  
(d) "Bird hazard" means an increase in the likelihood of bird/aircraft collisions  
that may cause damage to the aircraft or injury to its occupants.  
(e) "Displacement" means the relative movement of any 2 sides of a fault  
measured in any direction.  
(f) "Fault" means a fracture or a zone of fractures in any material along which  
strata on one side have been displaced with respect to that on the other side.  
(g) "Federal clean water act" means Public Law 92-500, 33 U.S.C. S1251 et  
seq.  
(h) "Federal endangered species act" means Public Law 93-205, 87 U.S.C.  
S884 et seq.  
(i) "Federal marine protection, research and sanctuary act of 1972"  
means Public Law 92-532, 16 U.S.C. S1431 et seq., as amended.  
(j) "Gas condensate" means the liquid that is generated as a result of a  
gas recovery process at a type II landfill unit.  
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(k) "Holocene" means the most recent epoch of the quaternary period that  
extends from the end of the pleistocene epoch to the present.  
(l) "Karst terranes" means areas where karst topography, with its  
characteristic surface and subterranean features, is developed as the  
result of the dissolution of limestone, dolomite, or other soluble rock.  
Characteristic physiographic features present in karst terranes include  
all of the following:  
(i) Sinkholes.  
(ii) Sinking streams.  
(iii) Caves.  
(iv) Large springs.  
(v) Blind valleys.  
(m) "Lithified earth material" means all rock and includes all naturally occurring  
and naturally formed aggregates or masses of minerals or small particles of older rock  
that formed by the crystallization of magma or by the induration of loose sediments.  
This term does not include man-made  
materials, such as fill, concrete, and asphalt, or unconsolidated earth materials,  
soil, or regolith that lies at or near the earth's surface.  
(n) "Lower explosive limit" means the lowest percent by volume of a mixture  
of explosive gases in air that will propagate a flame at 25 degrees Celsius and  
atmospheric pressure.  
(o) "Maximum horizontal acceleration in lithified earth material" means the  
maximum expected horizontal acceleration that is depicted on a seismic hazard map,  
with a 90% or greater probability that the acceleration will not be exceeded in 250  
years, or the maximum expected horizontal acceleration based on a site-specific  
seismic risk assessment.  
(p) "Poor foundation conditions" means those areas where features exist which  
indicate that a natural or man-induced event may result in inadequate foundation  
support of the structural components of a type II landfill.  
(q) "Seismic impact zone" means an area for which there is a 10% or greater  
probability that the maximum horizontal acceleration in  
lithified earth material,  
expressed as a percentage of the earth's gravitational pull, will be more than 0.10G in  
250 years.  
(r) "Structural components" means liners, leachate collection systems, final  
covers, runon and runoff systems, and any other component which is used in the  
construction and operation of a type II landfill and which is necessary for the  
protection of human health and the environment.  
(s) "Unstable area" means a location that is susceptible to natural or human-  
induced events or forces which are capable of impairing the integrity of some or  
all of the landfill structural components that are responsible for preventing releases  
from a landfill. Unstable areas can include poor foundation conditions, areas that are  
susceptible to mass movements, and karst terranes.  
(t) "Washout" means the carrying away of solid waste by waters of the base  
flood.  
History: 1993 AACS.  
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R 299.4410 Type II landfill; purpose, scope, and applicability.  
Rule 410. (1) The purpose of this part is to establish rules under the act for all  
municipal solid waste landfill units. Municipal solid waste landfills shall generally be  
referred to as type II landfills for purposes of this part. These rules ensure the  
protection of human health and the environment.  
(2) The rules of this part apply to owners and operators of new type II landfill  
units, existing type II landfill units and lateral extensions of existing units, and  
preexisting type II landfill units, except as otherwise specifically provided in this part.  
All other solid waste disposal areas and practices that are not regulated under part 111 of  
this act are subject to the rules contained in parts 1, 3, and 5 of these rules.  
(3) The rules of this part do not apply to type II landfill units which have not been  
issued a construction permit or operating license under the act and which did not receive  
waste after October 9, 1991.  
(4) Type II landfill units which received waste after October 9, 1991, but which  
stopped receiving waste before October 9, 1993, are exempt from all of the design  
requirements of this part, except the final cover requirement specified in R 299.4425.  
The final cover shall be installed within 6 months of the last receipt of wastes. An owner  
or operator of a type II landfill unit described in this subrule who fails to complete  
cover installation within the 6-month period shall be subject to all of the requirements of  
this part, unless otherwise specified.  
(5) All type II landfill units that receive waste on or after October 9, 1993, shall be  
in compliance with all of the requirements of this part unless otherwise specified.  
(6) An Owner or operator of A new type II landfill unit, existing type II landfill  
unit, or lateral extension of an existing unit that disposes of less than 20 tons of municipal  
solid waste daily, based on an annual average, is exempt from the design requirements  
of this part if there is no evidence of  
existing groundwater contamination from the type II landfill unit or lateral expansion  
if the type II landfill unit serves a community that experiences an annual interruption of  
not less than 3 consecutive months of surface transportation that prevents access to a  
regional waste management facility and if both of the following conditions are met:  
(a) The owner or operator of a new type II landfill unit, existing type II landfill unit,  
or lateral extension of an existing unit that meets the criteria shall demonstrate to the  
director that the criteria have been met and shall place documentation in the  
operating record that evidences compliance with the criteria.  
(b) The owner or operator of a new unit, existing unit, or lateral extension of  
an existing unit comply with the design requirements for type III landfills specified in R  
299.4307.  
(7) If the owner or operator of a new type II landfill unit, existing type II landfill  
unit, or lateral extension of an existing unit has knowledge of groundwater  
contamination that results from the unit or expansion, then the owner or operator shall  
notify the director of the contamination and, thereafter, comply with all of the  
requirements of this part.  
(8) A type II landfill unit that does not satisfy the rules of this part is considered an  
open dump for purposes of the act and these rules and is prohibited.  
History: 1993 AACS; 1999 AACS.  
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R 299.4411 Type II landfill location restrictions; groundwater isolation.  
Rule 411. (1) The requirements of this rule apply to new disposal areas and all  
units at an existing disposal area that are or have been licensed under the act, including  
closed units.  
(2) A type II landfill shall maintain the following permanent minimum  
clearances from the top of the primary liner:  
(a) Ten feet to natural groundwater level.  
(b) Seven feet to a permanently depressed groundwater level.  
(3) Gravity interception of groundwater to control groundwater level may be  
utilized. The pumping of groundwater to control the groundwater level is not considered  
permanent and shall not be utilized.  
(4) The requirements of this rule do not apply to groundwater which is not  
capable of yielding significant quantities of water that is not an aquifer and which is  
located above natural soil that is in compliance with the requirements of R 299.4912, if  
all of the following conditions are met:  
(a) The liner system of the landfill extends into the clay or soil barrier.  
(b) Where feasible, gravity dewatering of the clay surface is employed.  
(c) The design includes a soil dike which is 10 feet wide, which is in compliance  
with the specifications of R 299.4913, and which is keyed into the lower confining layer.  
History: 1993 AACS; 1999 AACS.  
R 299.4412 Type II landfill location restrictions; horizontal isolation  
distances.  
Rule 412. (1) The requirements of this rule apply to type II landfills that are new  
disposal areas.  
(2) A type II landfill shall be located and designed to ensure that the isolation  
distance between the active work area of the landfill and adjacent property is adequate to  
prevent the creation of nuisance conditions due to any of the following:  
(a) Noise in excess of the levels specified in R 299.4431.  
(b) Blowing papers.  
(c) Dust.  
(d) Odor.  
(e) Vectors.  
(f) Pest animals.  
(g) Equipment vibration.  
(3) An applicant for a type II landfill construction permit shall submit  
a
management plan for controlling nuisance conditions and their impact on adjoining  
land uses. The plan shall include recommended isolation distances to prevent nuisances  
based on the environmental assessment submitted under R 299.4903. However, the  
director shall require greater isolation distances from adjacent property lines if the  
director determines that greater isolation is necessary to meet the performance  
standards of these rules.  
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(4) The active work area at the facility shall not be located closer than 100 feet to  
adjacent property lines or road rights-of-way or closer than 300 feet to domiciles that  
exist at the time an advisory analysis is requested. In addition, the approval of an  
isolation distance that is less than 200 feet from adjacent property lines or road rights-of-  
way requires the existence of a berm which is not less than 8 feet high, which has a 4-  
foot fence on top, and which is constructed around the perimeter of the active work area  
or the existence of natural screening that offers equivalent protection.  
(5) The active work area of a type II landfill shall not be located within the  
following distances of surface waters:  
(a) Within 400 feet of inland lakes and streams, as defined in part 301 of the act, but  
not including drains, as defined by 1956 PA 40, MCL 280.1. The distance is equivalent  
to that isolation distance required from natural rivers by part 305 of the act.  
(b) Within 2,000 feet of the Great Lakes or Lake St. Clair.  
(6) The active work area of a type II landfill shall not be located within the isolation  
area of a wellhead which is used as a domestic or public water supply, as defined in Act  
399, and which is in existence at the time an advisory analysis is requested for the  
disposal area under section 11510 of the act. Except as provided in subrule (7) of this  
rule, the isolation area shall be as follows:  
(a) The active work area shall be a minimum of 2,000 feet from wells that serve  
type I and type IIa water supplies, as defined in R 325.10502.  
(b) The active work area shall be a minimum distance of 800 feet from wells that  
serve type IIb and type III public water supplies, as defined in R 325.10502, and from  
off-site domestic wells. The 800-foot isolation distance to off-site domestic wells does  
not apply when the domestic well is located on property owned by the facility, provided  
that adequate monitoring of the domestic well is required by the facility’s  
hydrogeological monitoring plan or an appendix to that plan. This well shall not be  
removed from the facility’s hydrogeological monitoring plan without department  
approval.  
(7) The director shall require an increase or approve a decrease in the isolation  
area to a public water supply based on the hydrogeological report and Act 399.  
(8) The requirements of this rule do not apply to type II landfills that are new  
disposal areas located within the footprint of the existing disposal areas.  
History: 1993 AACS; 1999 AACS; 2005 AACS.  
R 299.4413 Type II landfill location restrictions; sensitive areas.  
Rule 413. (1) The requirements of this rule apply to type II landfills that are new  
disposal areas.  
(2) A type II landfill shall not be located within either of the following sensitive  
areas:  
(a) A critical dune area that is designated under part 353 of the act.  
(b) A high-risk erosion area or environmental area that is designated under part  
323 of the act.  
(3) A type II landfill shall not be located in a manner that alters or destroys a  
property which is listed, or is eligible for listing, on the Michigan or national register  
of historic places.  
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(4) A type II landfill shall not be located within the range of a threatened or  
endangered species that is identified under part 365 of the act, unless the applicant  
demonstrates that the landfill will not have an adverse effect on the threatened or  
endangered species.  
History: 1993 AACS; 1999 AACS.  
R 299.4414 Type II landfill location restrictions; airport safety.  
Rule 414. (1) Owners and operators of new type II landfill units, existing type  
II landfill units, and lateral extensions of existing units which are located within 10,000  
feet of any airport runway and which are used by turbojet aircraft or within 5,000 feet  
of any airport  
runway  
end which is used by only piston-type aircraft shall  
demonstrate that the units are designed and operated so that the type II landfill unit  
does not pose a bird hazard to aircraft.  
(2) Owners or operators who propose to site new type II landfill units and lateral  
extensions of existing units within a 5-mile radius of any airport runway end that is  
used by turbojet or piston-type aircraft shall notify the affected airport and the federal  
aviation administration.  
(3) The owner or operator of an existing disposal  
area  
shall  
place  
documentation of the demonstration required pursuant to the provisions of subrule (1)  
of this rule in the operating record and notify the director that it has been placed in the  
operating record.  
(4) The owner or operator of a new disposal area  
shall  
present  
the  
demonstration required pursuant to the provisions of subrule (1) of this rule in the  
construction permit application.  
History: 1993 AACS.  
R 299.4415 Type II landfill location restrictions; floodplains.  
Rule 415. (1) An owner and operator of A new type II landfill unit, existing  
landfill unit, or lateral extension of an existing unit that is located within a floodplain  
shall demonstrate all of the following:  
(a) The unit will not restrict the flow of the 100-year flood.  
(b) The unit will not reduce the temporary water storage capacity of the floodplain.  
(c) The unit will not result in washout of solid waste so as to pose a hazard to  
human health and the environment.  
(d) The unit does not encroach upon the floodway and will not increase upstream  
or downstream flood stages.  
(e) The unit has a natural or compacted soil base which is not less than 10 feet  
thick and which is in compliance with the criteria specified in R 299.4912.  
(f) The distance from the normal water line of the water body to the solid waste  
boundary of the landfill will not be less than 500 feet.  
(g) The design of the landfill will include a dike to preclude floodwater inundation  
with a top elevation that is not less than 5 feet above the 100-year flood elevation.  
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(2) The owner and operator of a new disposal area that is proposed in a floodplain  
shall obtain a permit under part 31 of the act and shall substantiate the need for  
the disposal area through an environmental assessment which considers alternatives  
and which assures that all potentially negative impacts can be mitigated.  
History: 1993 AACS; 1999 AACS.  
R 299.4416 Type II landfill location restrictions; wetlands.  
Rule 416. A new type II landfill unit and a lateral extension of an existing unit  
shall not be located in wetlands, unless the owner and operator can demonstrate all of the  
following to the director:  
(a) The owner or operator has obtained a permit under part 303 of the act and, to  
the extent required under part 303 of the act, has demonstrated that a practicable  
alternative to the proposed landfill that does not involve wetlands is not available.  
(b) Construction and operation of the type II landfill unit will not do any of the  
following:  
(i) Cause or contribute to violations of any applicable state water quality  
standard.  
(ii) Violate any applicable toxic effluent standard or prohibition under section 307  
of the federal clean water act.  
(iii) Jeopardize the continued existence of endangered or threatened species, or  
result in the destruction or adverse modification of a critical habitat, that is protected  
under the federal endangered species act of 1973.  
(iv) Violate any requirement under the federal marine protection, research,  
and sanctuaries act of 1972 for the protection of a marine sanctuary.  
(c) The type II landfill unit shall not cause or contribute to a significant  
degradation of wetlands. The owner or operator shall demonstrate the integrity of the  
type II landfill unit and its ability to protect ecological resources by addressing all of  
the following factors:  
(i) Erosion, stability, and migration potential of native wetland soils, muds, and  
deposits that are used to support the unit.  
(ii) Erosion, stability, and migration potential of dredged and fill materials that  
are used to support the unit.  
(iii) The volume and chemical nature of the waste that is managed in the unit.  
(iv) Impacts on fish, wildlife, and other aquatic resources and their habitat from  
release of the solid waste.  
(v) The potential effects of a catastrophic release of waste to the wetland and  
the resulting impacts on the environment.  
(vi) Any additional factors, as necessary, to demonstrate that ecological resources  
in the wetland are sufficiently protected.  
(d) To the extent required under part 303 of the act, that steps have been taken to  
attempt to achieve no net loss of wetlands, as defined by acreage and function, by first  
avoiding impacts to wetlands to the maximum extent practicable as required by  
subdivision (b) of this rule, then minimizing  
unavoidable impacts to the maximum extent practicable, and finally offsetting  
remaining unavoidable wetland impacts through all appropriate and practicable  
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compensatory mitigation actions, such as the restoration of existing degraded wetlands or  
creation of man-made wetlands.  
(e) Sufficient information is available to make a reasonable determination with  
respect to the demonstrations specified in subdivisions (a) to (d) of this rule.  
History: 1993 AACS; 1999 AACS.  
R 299.4417 Type II landfill location restrictions; fault areas and seismic  
impact zones.  
Rule 417. (1) New type II landfill units and lateral extensions of existing units  
shall not be located within 200 feet of a fault that has had displacement in holocene  
time, unless the owner or operator demonstrates to the director that an alternative  
setback distance of less than 200 feet will prevent damage to the structural integrity of  
the unit and will be protective of human health and the environment.  
(2) New type II landfill units and lateral extensions of existing units shall not be  
located in seismic impact zones, unless the owner or operator demonstrates to the  
director that all containment structures, including liners, leachate collection systems,  
and surface water control systems, are designed to resist the maximum horizontal  
acceleration in lithified earth material for the site.  
(3) The owner or operator of an existing disposal area shall record  
the  
demonstrations specified in subrules (1) and (2) of this rule, as applicable, in the  
operating record and notify the director that the demonstrations have been recorded  
in the operating record.  
(4) The owner and operator of a new disposal area  
shall  
include  
the  
demonstrations required by this rule in the construction permit application.  
History: 1993 AACS.  
R 299.4418 Type II landfill location restrictions; unstable areas.  
Rule 418. (1) Owners or operators of new units, existing units, and lateral  
extensions of existing units that are located in an unstable area shall demonstrate that  
engineering measures have been incorporated into a unit's design to ensure that the  
integrity of the structural components of the unit will not be disrupted.  
(2) An unstable area includes any of the following areas:  
(a) An area that is unstable due to the presence of active or inactive karst  
formations.  
(b) An area that is unstable due to the presence of sinkholes that are created by  
oil and gas drilling or other activities.  
(c) An area that is susceptible to mass movement where the downslope  
movement of soil under gravitational influence occurs.  
(d) An area where the groundwater level renders soils in an excavation unstable,  
unless the application provides engineering controls to prevent such instability.  
(e) An area that is otherwise susceptible to natural or human-induced events or  
forces that are capable of impairing the integrity of some or all of the landfill  
structural components which are responsible for preventing releases from a landfill.  
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(3) The owner and operator shall consider all of the following factors, at a  
minimum, when determining whether an area is unstable:  
(a) On-site or local soil conditions that may result in significant differential  
settlement.  
(b) On-site or local geologic or geomorphologic features.  
(c) On-site or local human-made features or events, both surface and subsurface.  
(4) The owner or operator of an existing disposal area shall record  
the  
demonstration specified in subrule (1) of this rule in the operating record and notify  
the director that it has been recorded in an operating record.  
(5) The owner or operator of a new disposal area  
shall  
include  
the  
demonstration required in subrule (1) of this rule in the construction permit  
application for the area.  
History: 1993 AACS.  
R 299.4419 Type II landfill location restrictions; closure of existing units;  
vertical expansions of existing units.  
Rule 419. (1) Existing units that cannot make the demonstrations specified in  
R 299.4414 pertaining to airports, R 299.4415 pertaining to floodplains, or R  
299.4418 pertaining to unstable areas shall close by October 9, 1996, in accordance  
with R 299.4448 and conduct postclosure activities in accordance with R 299.4449.  
The deadline for closure required by this rule may be extended up to 2 years if the  
owner or operator demonstrates both of the following to the director:  
(a) There is no alternative disposal capacity.  
(b) There is no immediate threat to human health or the environment.  
(2) An owner or operator of an existing unit or a preexisting unit that can make  
the demonstration specified in subrule (1) of this rule may apply for a construction  
permit for the vertical expansion of the unit if the applicant demonstrates compliance  
with subrule (5) of this rule.  
(3) The director shall approve the vertical expansion of a unit that is in compliance  
with R 299.4421(1) and (2).  
(4) The director shall not approve a vertical expansion of a type II landfill unit  
that does not comply with R 299.4421(1) and (2), except in either of the following  
cases:  
(a) The unit contains 2 or more liners and has a leak detection system between  
the liners and a leachate collection system capable of limiting the head on the primary  
liner, excluding the sump, to less than 1 foot.  
(b) The overfill is constructed with a composite liner system that drains leachate  
from the overfill to a unit which is in compliance with R 299.4421  
(1) and (2), and both of the following conditions are met:  
(i) The overfilling only occurs over the portion of the existing unit that has slopes of  
more than 10%, unless either of the following conditions applies:  
(A) The existing unit has slopes of more than 4% and the director determines  
that little or no settlement will occur in the existing unit based on waste thickness, age,  
degree of compaction, and other factors.  
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(B) Inert material is used as a wedge to create adequate slopes. Alternatively, the  
director shall approve the use of low-hazard industrial waste if the liner system of the  
unit is equivalent to the design required in part 3 of these rules.  
(ii) For unmonitorable units, the overfill contains a leak detection system that is in  
compliance with the leakage control criteria contained in R 299.4422(3).  
(5) The director shall approve the vertical expansion of a unit that meets the liner  
requirements of this rule if the applicant demonstrates that all of the following conditions  
are met:  
(i) The unit is stable and has a foundation, liner system, and leachate collection  
system that can support the overburden pressure.  
(ii) Leachate collection pipes in the unit will maintain a bottom slope of 0.5% or  
more, toward the sump, after consolidation settlement.  
(iii) The applicant submits plans for final cover that are in compliance with the  
final cover requirements specified in R 299.4425.  
(iv) The application is otherwise in compliance with the act and these rules and  
does not conflict with any remedial action at the facility.  
History: 1993 AACS; 1999 AACS.  
R 299.4420 Type II landfill design standards; municipal solid waste incinerator  
ash landfills.  
Rule 420. (1) A new unit and a lateral extension of an existing unit at a type II  
landfill unit that accepts municipal solid waste incinerator ash shall be designed and  
constructed in accordance with section 11542 of the act, except that a municipal  
incinerator ash landfill that is an unmonitorable unit shall have a secondary leachate  
collection system and a flexible membrane liner as part of the secondary liner system.  
(2) An existing unit, new unit, and lateral extension of an existing unit at a landfill  
that accepts municipal solid waste incinerator ash shall be closed with a final cover that is  
in compliance with section 11542 of the act. Grades of the final cover shall be in  
compliance with R 299.4425.  
(3) An owner and operator of a new unit and a lateral extension of an existing unit  
at a municipal solid waste incinerator ash landfill shall ensure that all of the following  
requirements are complied with:  
(a) Leachate collection systems that are required by section 11542 of the act are in  
compliance with R 299.4423.  
(b) Secondary leachate collection or leak detection systems that are required by  
section 11542 of the act are in compliance with R 299.4424.  
(c) Compacted clay liners that are required by section 11542 of the act are in  
compliance with R 299.4913.  
(d) Flexible membrane liners that are required by section 11542 of the act are in  
compliance with R 299.4915.  
(4) The director shall approve a process to substantially diminish the toxicity of  
municipal solid waste incinerator ash or the leachability of the ash, instead of disposal  
that is required under section 11542(1) of the act, if the applicant for such a process  
demonstrates all of the following:  
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(a) That, during storage or processing, ash will be contained within a tank,  
container, or waste pile that is in compliance with R 299.4130.  
(b) The process does not in any way dilute ash constituents as a substitute for  
adequate treatment.  
(c) The process does not create a nuisance.  
(d) The process will not produce fugitive dust or other emissions in violation of  
part 55 of the act.  
(e) The waste is tested after processing in accordance with the testing protocol of  
subrule (5) of this rule.  
(5) Municipal solid waste incinerator ash that is processed under section 11542 of  
the act shall be tested in accordance with the protocol specified in R 299.4118a on a  
frequency that is adequate to ensure that the criteria specified in subrules (6) and (7) of  
this rule are met. The applicant shall propose a leaching procedure to simulate native  
conditions in addition to the leaching procedure specified in R 299.4118a.  
(6) The director shall approve processed municipal solid waste incinerator ash for  
recycling or reuse if the processed ash is in compliance with the criteria for inert material  
that are specified in section 11504(2).  
(7) The director shall approve processed municipal solid waste incinerator ash for  
disposal in a type II landfill if the processed ash is in compliance with both of the  
following provisions:  
(a) The ash does not leach constituents in concentrations greater than the toxicity  
characteristic specified in R 299.9217 based on leaching tests under both acidic and  
native conditions.  
(b) Does not cause any emission that results in a violation of part 55 of the act or  
otherwise causes unacceptable risks to human health or the environment.  
History: 1993 AACS; 1999 AACS; 2015 AACS.  
R 299.4421 Type II landfill design standards; liner systems for new units and  
lateral extensions of existing units.  
Rule 421. (1) All new units and lateral extensions of existing units at a type II  
landfill shall be constructed with a composite liner and a leachate collection system  
that is designed and constructed to maintain less than a 1-foot depth of leachate over  
the liner, excluding the sump. To maintain less than a 1-foot depth of leachate over the  
liner, leachate collection systems for these units shall be designed and constructed in  
compliance with the provisions of R 299.4423.  
(2) All new units and lateral extensions of existing units that are unmonitorable  
units shall contain a leak detection system which is in compliance with the  
provisions of R 299.4424.  
(3) Type II landfill units that are either of the following shall be located or  
designed in accordance with the leakage control criteria of R 299.4422 so that the  
risks associated with any leakage through the composite liner required by subrule  
(1) of this rule are minimized:  
(a) New disposal areas. Owners and operators of new disposal areas shall  
demonstrate compliance as part of a construction permit application.  
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(b) New units and lateral extensions at existing disposal areas that have not  
received waste before October 9, 1995. New units and lateral extensions of existing  
units shall not be subject to the standards of R 299.4422 if a complete operating license  
application is submitted 90 days before October 9, 1995.  
(4) The slope of a liner system shall not be more than 1 vertical to 3 horizontal or  
that necessary to ensure side slope stability. The director shall approve steeper side  
slopes than 1 to 3 if the owner or operator demonstrates that side slope stability will be  
maintained.  
(5) The upgrading of an existing disposal area in accordance with the provisions  
of subrules (1) and (2) of this rule does not require department approval.  
Construction of the landfill shall be certified in accordance with the provisions of R  
299.4921 and the certification shall be submitted with as-built plans with the operating  
license application for the upgraded units.  
History: 1993 AACS.  
R 299.4422 Type II landfill design standards; leakage control criteria.  
Rule 422. (1) A landfill unit that is subject to the requirements of this rule shall  
be located, designed, and constructed so that the risks posed by leakage through the  
composite liner required by R 299.4421(1) are minimized. To do so, a landfill unit  
shall be either of the following:  
(a) A monitorable unit which is located over a natural soil barrier and which is in  
compliance with subrule (2) of this rule so as to restrict the migration of leakage from  
the unit.  
(b) Designed with a double liner system which is in compliance with subrule  
(3) of this rule and which is capable of detecting and collecting leakage through the  
primary composite liner.  
(2) To meet the leakage control criteria of this rule, a type II landfill unit that is a  
monitorable unit may, in addition to the composite liner required in R 299.4421, be  
located over a natural soil barrier that is sufficient to prevent the migration of leakage  
from the unit to the uppermost aquifer, for as long as use of the site is restricted under  
section 11518 of the act, in the event of a failure of the composite liner. Any of the  
following geologic conditions shall be in compliance with location criteria if verified in  
accordance with the provisions of R 299.4912:  
(a) A natural soil barrier that has a maximum demonstrated permeability of 1.0 x  
10-7 cm/sec.  
(b) A natural soil barrier that has a thickness and permeability that is sufficient to  
prevent the migration of leakage from the unit to the uppermost aquifer for that time  
period (TP) specified in section 11518 of the act. An owner or operator may  
demonstrate the sufficiency of the natural soil barrier by showing that the time of travel  
(TOT) through the natural soil barrier is as follows:  
TOT > (t) n/(k)  
where:  
TOT = TP specified in section 11518 of the act  
t = thickness of low permeability soil above the uppermost aquifer  
k = maximum permeability of soil  
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n = soil porosity = 0.5, assuming total porosity equals effective porosity, unless  
demonstrated otherwise.  
(c) A natural soil barrier underlain by an uppermost aquifer that is sufficiently  
artesian to prevent the vertical migration of contaminants from the site to the uppermost  
aquifer by advection or dispersion. An owner or operator utilizing such a design shall  
demonstrate that sufficient controls exist to maintain artesian conditions for that period  
after closure specified by section 11518 of the act.  
(d) Any combination of hydrogeology and innovative design that minimizes the  
risk of leakage through the primary composite liner at least as effectively as the  
conditions specified in subdivision (a), (b), or (c) of this subrule.  
(3) To meet the leakage control criteria of this rule, a type II landfill unit may  
contain a double liner system or equivalent system that is capable of detecting leakage  
through the primary liner. A double liner system shall consist of all of the following  
components:  
(a) A primary composite liner. For monitorable units that have a secondary  
composite liner, the soil component of the primary liner is optional on the portion of  
the side slope that is both of the following:  
(i) Of a slope greater than or equal to 20%.  
(ii) At a vertical elevation not less than 5 feet above the bottom of the side slope.  
(b) A secondary collection system or leak detection system which is located  
immediately below the primary composite liner and which is in compliance with the  
requirements of R 299.4424.  
(c) A secondary composite liner or any of the following alternate systems:  
(i) A composite liner that uses, in place of compacted soil, a natural soil barrier  
which has an equivalent combination of permeability and thickness as 2 feet of 1.0 x  
10-7 cm/sec compacted soil.  
(ii) A natural soil barrier underlain by an uppermost aquifer that is sufficiently  
artesian to prevent the vertical migration of contaminants from the site to the uppermost  
aquifer by advection or dispersion. An owner or operator utilizing such a design shall  
demonstrate that sufficient controls exist to maintain artesian conditions for that period  
after closure specified by section 11518 of the act.  
(iii) An alternate system which is approved by the director and which prevents  
the migration of hazardous substances at least as effectively as the other options specified  
in this subrule.  
(4) Existing disposal areas that permit natural soil barriers in place of liners shall be  
deemed to be in compliance with the location criteria specified in subrule (2) of this  
rule if the owner and operator verify the presence of such soil in accordance with  
existing permits and licenses. Owners and operators of existing disposal areas that  
were not previously permitted as natural clay sites may demonstrate compliance with  
either the location criteria specified in subrule (2) of this rule or the design criteria  
specified in subrule (3) of this rule. Owners and operators shall submit certification  
that demonstrates compliance in accordance with R 299.4912 and R 299.4921 with  
the operating license application for the unit. An owner or operator may, at the owner's  
or operator's discretion, submit either the information specified in R 299.4912 or  
revised engineering plans to the solid waste control agency before or during  
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construction of the unit. The solid waste control agency shall approve or deny the plans  
within 90 days of submittal.  
History: 1993 AACS; 1999 AACS.  
R 299.4423 Type II landfill design standards; leachate collection and  
removal systems.  
Rule 423. (1) All new units and lateral extensions of existing units at a type II  
landfill shall have a leachate collection system that is designed and constructed to  
maintain less than a 1-foot depth of leachate over the primary liner. To do so, the  
system shall be designed to do all of the following :  
(a) Limit the head at any point in the system, excluding the sump, to not more than  
1 foot using the design criteria specified in this rule or alternate criteria  
demonstrated under subrule (5) of this rule.  
(b) Extend across the entire bottom of the system.  
(c) Be chemically resistant to the waste that is managed in the landfill and the  
leachate that is expected to be generated and be of sufficient strength and thickness  
to prevent collapse under the pressures that are exerted by overlying wastes, waste  
cover materials, and equipment that is used at the landfill.  
(d) Minimize clogging during the active life and postclosure care period.  
(e) Drain leachate to sumps using pumps that are of a sufficient size to collect and  
remove liquids from the sump and prevent liquids from backing up into the drainage  
layer. Each unit shall have its own sump. The design of each sump and removal  
system shall provide a method for measuring and recording the volume of liquids  
removed and the depth of leachate in the sump.  
(2) Except as provided in subrule (5) of this rule, a leachate collection system shall  
consist of a soil drainage layer that is designed to the following requirements:  
(a) Is a minimum of 1 foot thick and has a hydraulic conductivity equal to or greater  
than either of the following:  
(i) 1.0 x 10-2 centimeters per second.  
(ii) 1.0 X 10-3 centimeters per second, if used in conjunction with a geonet or  
other synthetic drainage material that has a hydraulic conductivity of 1 centimeter per  
second.  
(b) Is free of any organic material and has less than 5% of the material, by weight,  
pass the Number 200 sieve.  
(c) Is placed on a minimum slope of 2% in directions perpendicular to perforated  
pipes to promote drainage and prevent ponding above the liner.  
(d) Is used in conjunction with perforated pipes that are in compliance with the  
subrule (3) of this rule.  
(e) Is free of angular stones or other debris that may puncture, tear, or otherwise  
damage any flexible membrane liner adjacent to the drainage layer, unless a geosynthetic  
is provided over the liner to prevent such puncture.  
(f) Is capable of preventing puncture of the liner by waste. To do so, the owner or  
operator may do any of the following:  
(i) Increase the thickness to 2 feet using soil that has a hydraulic conductivity of  
at least 1.0 x 10-4 cm/sec.  
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(ii) Install a geosynthetic designed to prevent puncture of the liner.  
(iii) Limit the type of waste received in the first 5 feet of the unit.  
(3) Except as provided in subrule (5) of this rule, a leachate collection system shall  
include perforated pipes to aid in drainage. The pipes shall be designed to meet all of the  
following requirements:  
(a) Have a wall thickness that is sufficient to withstand overburden pressures.  
(b) Have a diameter that is sufficient to withstand the maximum design flow.  
(c) A slope of 1% or more in a direction to intercept liquid flow. In addition, an  
applicant for a new disposal area shall demonstrate that the bottom slope will be 1% or  
more after consolidation settlement, except as provided for vertical expansions of a  
unit in R 299.4419.  
(d) Be constructed with sufficient manholes and cleanout risers to allow for the  
cleaning and maintenance of pipes.  
(e) Be spaced not more than 50 feet from the high point of the drainage layer.  
Perforated pipes may be spaced at greater distances, based on a demonstration under  
subrule (5) of this rule.  
(4) All leachate collection systems shall include a filter layer, if necessary, to  
prevent clogging. A filter layer shall consist of 1 or both of the following:  
(a) A graded, cohesionless soil filter which does not have more than 5%, by  
weight, that passes the no. 200 sieve and which does not permit the passage of soil  
particles that are more than 3 inches in any dimension.  
(b) A geotextile filter that has both of the following:  
(i) A hydraulic conductivity, as determined by ASTM D4491, that is capable of  
passing the projected inflow.  
(ii) An apparent opening size that is in compliance with both of the following  
criteria:  
(A) O95 of the geotextile divided by d85 of the soil is less than 2, where the O95 is  
the apparent opening size of the geotextile at which 5% or less of the soil particles will  
pass and where the d85 is the soil particle size at which 85% of the sample is finer.  
(B) The opening is designed to minimize the influence of retained particles on  
the permitivity of the geotextile.  
(5) The owner and operator of a type II landfill may propose the use of an  
alternative drainage system design for a primary leachate collection system if the owner  
and operator can demonstrate, using mounding calculations and data on liner slope,  
drainage layer permeability, and flow length, that the  
alternative system will limit the head on the liner to the same extent as the design  
specified in subrule (3) of this rule and protect the liner system from waste, ultraviolet  
light, and other deleterious effects.  
(6) A new unit and lateral extension of an existing unit at a type II landfill shall  
have a system for storing leachate outside the active portion if necessary to maintain  
compliance with the leachate depth requirements of R 299.4432(1). Tanks that are used  
to store leachate shall be in compliance with the technical standards of 40 C.F.R.  
§264.193. Surface impoundments, if used, shall be in compliance with the technical  
standards of 40 C.F.R.§264.221 and shall be operated in a manner that does not create a  
nuisance. The provisions of 40 C.F.R. §264.193 and 40 C.F.R. §264.221 are adopted  
by reference in R 299.4136.  
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History: 1993 AACS; 1999 AACS.  
Editor's Note: An obvious error in R 299.4423 was corrected at the request of the promulgating  
agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule  
containing the error was published in Annual Administrative Code Supplement,1999. The memorandum  
requesting the correction was published in Michigan Register, 2012 MR 18.  
R 299.4424 Type II landfill design standards; secondary collection systems and  
leak detection systems.  
Rule 424. (1) A secondary collection system shall be designed to operate as a leak  
detection system.  
(2) A secondary collection system shall be capable of detecting, collecting,  
and removing leaks of hazardous constituents at the earliest practicable time through  
all areas of the top liner that are likely to be exposed to waste or leachate during the  
active life and postclosure care period. The requirements of this subrule are satisfied  
by a system that, at a minimum, satisfies all of the following requirements:  
(a) Is designed to have a bottom slope of 1% or more. An applicant for a new  
disposal area shall demonstrate that the bottom slope will be 1% or more after  
consolidation settlement, except as provided for vertical expansions of a unit in R  
299.4419.  
(b) Is designed with either of the following:  
(i) Granular drainage materials that have a hydraulic conductivity of 1.0 x 10-2  
centimeters per second or more and a thickness of 12 inches or more.  
(ii) Synthetic or geonet drainage materials which have a hydraulic conductivity  
of 1 centimeter per second and a layer thickness that is not less than 100 mils or which  
have other combinations capable of providing a hydraulic transmissivity of 5.0 x 10-4  
meters 2 per second.  
(c) Is designed with materials which are chemically resistant to the waste that is  
managed in the landfill and the leachate that is expected to be generated and which  
are of sufficient strength and thickness to prevent collapse under the pressures  
exerted by overlying wastes, waste cover materials, and equipment used at the  
landfills.  
(d) Is designed and operated to minimize clogging during the active life and  
postclosure care period.  
(e) Is designed with a sump and pumps that are sized to efficiently collect and  
remove liquids and prevent liquids from backing up into the drainage layer. Each  
unit shall have its own sump. The design of the sump and the removal system shall  
provide a method for measuring and recording the liquid volume that is removed.  
(3) The director shall approve alternative materials to those specified in subrule (2)  
of this rule if the owner and operator demonstrate that the alternate design is capable  
of detecting a primary liner leak at least as effectively.  
History: 1993 AACS; 1999 AACS.  
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Editor's Note: An obvious error in R 299.4424 was corrected at the request of the promulgating  
agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule  
containing the error was published in Annual Administrative Code Supplement,1999. The memorandum  
requesting the correction was published in Michigan Register, 2012 MR 18.  
R 299.4425 Type II landfill design standards; final cover.  
Rule 425. (1) The owner or operator of a type II landfill unit shall install a final  
cover system which is designed to minimize infiltration and erosion and which is  
comprised of an erosion layer underlain by an infiltration layer, as specified in this  
rule.  
(2) Except as provided for existing or preexisting units in subrules (3) and (4) of  
this rule, the owner or operator of a type II landfill shall install a final cover system that is  
comprised of all of the following components:  
(a) An infiltration layer that is comprised of a composite liner. The lower soil  
component of such a composite liner shall consist of either of the following:  
(i) A minimum of 18 inches of earthen material that has a permeability which is  
less than or equal to 1.0 x 10-5 cm/sec, as determined by test methods specified in R  
299.4920.  
(ii) A bentonite geocomposite liner which is in compliance with R 299.4914 and  
which is underlain by not less than 18 inches of earthen material to protect the liner  
from waste and minimize the effect of settlement.  
(b) An erosion layer that consists of both of the following:  
(i) A soil layer which is not less than 2 feet thick, which is immediately above the  
composite cover liner, and which is designed to do all of the following:  
(A) Provide for the lateral drainage of precipitation off the cover of the landfill.  
The owner or operator may use permeable soil, geosynthetic drainage material, an  
alternative equivalent material approved by the director, or a combination to provide  
the lateral drainage.  
(B) Minimize frost penetration into the infiltration layer.  
(C) Protect the flexible membrane liner from root penetration, ultraviolet light, and  
other deleterious effects.  
(ii) A minimum of 6 inches of earthen material capable of sustaining native  
plant growth.  
(3) The owner or operator of an existing or preexisting type II landfill unit that  
does not contain a flexible membrane liner in all or portions of the bottom liner system  
may install a final cover system previously approved by the director over those portions  
if the final cover system contains both of the following:  
(a) An infiltration layer that is comprised of a minimum of 2 feet of earthen  
material which has a hydraulic conductivity that is less than or equal to 1.0 x 10-7  
cm/sec, as determined by test methods specified in R 299.4920. The earthen  
material shall meet standards for soil liners specified in R 299.4913.  
(b) An erosion layer that consists of a minimum of 6 inches of earthen material  
which is capable of sustaining native plant growth.  
(4) The owner or operator of an existing or preexisting type II landfill unit that  
does not contain a flexible membrane liner in the bottom liner system may enhance  
the final cover specified in subrule (3) of this rule by adding a flexible membrane liner if  
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the erosion layer specified in subrule (2)(b) of this rule is provided. The addition of  
the layer shall not constitute a vertical expansion.  
(5) The director shall approve an alternative final cover design if the owner or  
operator of the landfill units demonstrates that the cover design includes both of the  
following components:  
(a) An infiltration layer that achieves an equivalent reduction in infiltration as  
the infiltration layer specified in subrule (2) or (3) of this rule.  
(b) An erosion layer that provides equivalent protection from wind and water  
erosion as the erosion layer specified in subrules (2) and (3) of this rule.  
(6) The final cover of a type II landfill shall have either of the following to  
meet the gas control requirements of R 299.4433:  
(a) A permeable soil layer which is not less than 1 foot thick and which is located  
directly below the infiltration layer that vents landfill gas to gas risers.  
(b) Other means of assuring that gases cannot travel laterally from the site or  
accumulate in structures.  
(7) To prevent the ponding of water on completed fill surfaces, the grading  
contours shall be sufficient to prevent the development of local depressions due to  
postconstruction settlement. Slopes of the final cover shall not be less than 4% at any  
location.  
(8) Slopes of the final cover shall not exceed those necessary to prevent erosion  
and maintain slope stability. The final slope shall not be more than 1 vertical to 4  
horizontal at any location, except where necessary to install berms for erosion control. If  
the final slope is more than 15%, then the slope shall include controls that the applicant  
demonstrates are sufficient to maintain slope stability, prevent erosion, and allow  
access. The controls shall be sufficient to limit erosion to not more than 2 tons per acre  
per year after vegetation is established based on the universal soil loss equation or  
other method approved by the director. The following ground cover estimates may be  
used in calculating erosion loss:  
(a) Up to 95%, if the closure and postclosure plan provides for all of the following:  
(i) Topsoil that has an organic matter content of more than 2.5%.  
(ii)  
Fertilization consistent with the natural resources conservation service  
critical area planting guide.  
(iii) Mowing twice annually until the required coverage is achieved.  
(b) Up to 90%, if the closure and postclosure plan for the unit provides for both of  
the following:  
(i) Topsoil that has an organic matter content of more than 1.25%.  
(ii) Mowing annually until the required coverage is achieved.  
(c) Up to 80%, if the organic content or mowing schedule is not specified.  
(d) Other estimates approved by the director, if the estimates are supported by  
measures to establish vegetation specified in the closure and postclosure plan.  
(9) All final covered areas shall be stabilized using appropriate shallow-rooted  
vegetation for the soil type, slope, and moisture conditions present. Seed and mulch  
rates shall, at a minimum, be consistent with recommendations contained in the  
United States department of agriculture document entitled "Natural Resources  
Conservation Service Critical Area Planting Guide." The natural resources  
conservation service critical area planting guide is adopted by reference in R 299.4141.  
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History: 1993 AACS; 1999 AACS.  
R 299.4426 Type II landfill operation generally.  
Rule 426. (1) The owner and operator of a type II landfill shall properly  
maintain equipment of an adequate number, type, and size to be used in operating  
the landfill pursuant to established engineering practice and these rules. Backup  
equipment shall be available on the site or suitable arrangements shall be made to  
provide for such equipment from other sources during equipment breakdown or during  
peak loads.  
(2) A type II landfill operation shall be under the immediate direction of a  
responsible individual.  
(3) Measures shall be taken to control dust and blowing papers. The entire area  
shall be kept clean and orderly.  
(4) All solid waste shall be compacted to minimize post-closure settlement.  
(5) On-site roads at a type II landfill shall be in compliance with both of the  
following provisions:  
(a) Be designed and constructed so that traffic flows smoothly and is not interrupted  
by ordinary inclement weather.  
(b) Be operated to prevent the creation of nuisance conditions from fugitive dust.  
(6) The active work area shall be sloped, graded, and provided with drainage  
facilities to prevent the collection of standing water.  
History: 1993 AACS.  
R 299.4427 Type II landfill operation; access requirements.  
Rule 427. (1) The owner and operator of a type II landfill shall control public  
access to the landfill and prevent unauthorized vehicular traffic and illegal dumping of  
wastes by using artificial barriers or natural barriers, or both, as appropriate.  
(2) In addition to the controls specified in subrule (1) of this rule, the owner and  
operator shall limit access as follows:  
(a) To those times when an attendant is on duty or when  
monitoring device is in use.  
an  
alternative  
(b) To those persons who are authorized to use the site for the disposal of solid  
waste.  
History: 1993 AACS.  
R 299.4428 Type II landfill operation; recyclable materials.  
Rule 428. (1) The operator of a type II landfill may separate recyclable materials  
from general refuse without a construction permit for this activity from the director.  
Procedures for the separation of recyclable materials shall be consistent with the  
requirements for processing plants that are specified in R 299.4509.  
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(2) The salvaging of recyclable material, if allowed by the licensee, shall be  
organized so that it does not interfere with the prompt sanitary disposal of solid waste or  
create health hazards or unsightliness. Scavenging shall not be permitted.  
(3) White goods and other recyclable metals may be stored on-site for recycling in  
an area that is designated in the operating license, if both of the following conditions are  
met:  
(a) A nuisance or health hazard does not develop.  
(b) The materials are stored in 1 of the following areas:  
(i) An area that is in compliance with the standards for waste piles specified in  
R 299.4130.  
(ii) A lined portion of the landfill.  
(iii) A roll-off box or other container that prevents the discharge of liquids.  
(4) Used lead acid batteries may be stored on-site for recycling if they are stored in a  
vault or on a pad that is in compliance with the provisions of R 299.4130(5).  
History: 1993 AACS; 2015 AACS.  
R 299.4429 Type II landfill operation; daily and interim cover material and  
disease vector control.  
Rule 429. (1) Except as provided in subrule (2) of this rule, an owner or operator of  
a type II landfill unit shall cover disposed of solid waste with 6 inches of earthen  
material at the end of each operating day or at more frequent intervals, if necessary, to  
control disease vectors, fires, odors, blowing litter, and scavenging. If clay or other  
low-permeability material is used as daily cover, then the operator shall scrape back  
the previous day's cover to allow the free movement of liquids and gases through the  
landfill.  
(2) Alternative materials of an alternative thickness, other than at least 6 inches of  
earthen material, may be used as daily cover at a type II landfill if the alternative  
material is approved in the landfill operating license. The following alternative  
materials shall be approved by the director for use as daily cover if the owner or operator  
of the type II landfill demonstrates that the alternative material and thickness control  
disease vectors, fires, odors, blowing litter, and scavenging without presenting a threat  
to human health or the environment by submitting an operational plan for use of the  
material in accordance with subrule (3) of this rule:  
(a) The following manufactured products, designated as class a daily cover  
material:  
(i) Geotextiles.  
(ii) Flexible membrane liners.  
(iii) Woven mats.  
(iv) Spray on materials, such as foams and emulsions.  
(b) The following waste materials, designated as class b daily cover, if 95% of the  
material is retained on a no. 200 sieve:  
(i) Chipped tires.  
(ii) Wood chips.  
(iii) Ash from the combustion of coal or wood.  
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(iv) Ground shingles and other roofing material that do not contain friable  
asbestos.  
(v) Alum sludge from the treatment of potable water at municipally owned water  
treatment facilities.  
(vi) Foundry sand.  
(vii) Dredge spoils.  
(viii) Paper mill sludge.  
(c) The following waste materials, designated as class c daily cover, if the  
operational plan provides for documenting the waste is not hazardous, as defined in part  
111 of the act, and does not contain hazardous constituents in concentrations exceeding  
criteria established by the director for daily cover:  
(i)  
Contaminated soil from a leaking underground storage tank containing  
petroleum products.  
(ii) Auto fluff.  
(iii) Materials listed in paragraph (b) of this subrule which have less than 95% of  
the material retained on a no. 200 sieve.  
(iv) Other wastes approved by the director.  
(3) An application for an alternative daily cover material specified in subrule (2)  
of this rule shall include an operational plan for the use of the proposed material. The  
operational plan shall include all of the following information:  
(a) The thickness of cover to be used. Alternative materials shall be placed in 6-  
inch lifts or in a manner that forms a binding crust or matting over the waste.  
(b) The method of placement. Alternative daily cover material shall be placed in  
a manner that allows the free movement of liquids and gases.  
(c) For class C alternate daily cover materials specified in subrule (2) of this rule,  
procedures for testing the alternative material to ensure that it is not hazardous, as  
defined by part 111 of the act and does not exceed criteria established by the director  
for daily cover. Test results on class C daily cover shall be maintained in the operating  
log.  
(d) Documentation that the proposed cover material is either not flammable,  
or will be used in conjunction with nonflammable material to prevent the spread of  
fires within the landfill.  
(e) Documentation that the proposed cover material is not capable, upon  
compaction, of producing any emission that results in a violation of part 55 of the act.  
(f) The method of storage before use. Alternative material shall be stored in a  
manner that does not produce fugitive dust or create a nuisance.  
(4) The director may grant a temporary waiver from the requirements of subrules  
(1) and (2) of this rule if the owner or operator demonstrates that there are extreme  
seasonal climatic conditions that make meeting the requirements impractical.  
(5) If an approved daily cover does not meet the performance standards of this rule,  
then the owner and operator shall modify daily cover application, as necessary, to meet  
the standards.  
(6) To minimize nuisance conditions, the operator of a landfill shall place 1 foot  
of compacted cover, which may include the 6-inch daily cover, on the surface of any lift  
that will be exposed for a period of 3 months or more before additional lifts are  
constructed.  
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(7) To minimize infiltration, the operator of a landfill may place interim cover on  
the surface of the landfill and manage runoff from the cover in accordance with R  
299.4435. The extent of the interim cover shall be documented in the operating log  
at least quarterly and shall consist of either of the following:  
(a) Not less than 1 foot of low-permeability soil that has a unified soil classification  
of SC, ML, CL, CL/ML or CH, or another soil type that has a permeability of 1.0 x 10-  
5 cm/sec or less after compaction. Interim soil cover shall be compacted to the extent  
necessary to minimize infiltration and prevent leachate discharges through the soil, but  
need not be compacted to the standards specified in R 299.4913.  
(b) A flexible membrane liner.  
(8) All daily cover shall be continually maintained unless the removal of daily  
cover is authorized by the director based upon a demonstration under subrule (2) of this  
rule.  
(9) An owner and an operator of a unit shall prevent or control on-site populations  
of disease vectors using techniques appropriate for the protection of human health  
and the environment.  
History: 1993 AACS; 1999 AACS.  
R 299.4430 Type II landfill operation; prohibited wastes; procedures for  
excluding the receipt of prohibited waste.  
Rule 430. (1) The operator of a type II landfill shall ensure that the unloading of  
solid waste is continuously supervised by facility personnel upon receipt.  
(2) The following wastes shall not be disposed of in a type II landfill:  
(a) Regulated hazardous waste.  
(b) PCB's or PCB items, as defined in 40 C.F.R. §761.3.  
(c) Bulk or noncontainerized liquid waste or waste that contains free liquids, unless  
the waste is household waste other than septic waste or the waste is leachate or gas  
condensate that is approved for recirculation under R 299.4432.  
(d) Containers that hold liquid waste, unless the container is household waste or is a  
small container similar in size to that normally found in household waste.  
(e) Sewage.  
(f) Materials that would adversely affect a liner or leachate collection and removal  
system.  
(g) Asbestos waste, unless the disposal area complies with 40 C.F.R. §61.154.  
(h) Empty drums, unless crushed to eliminate voids.  
(i) Used lead acid batteries.  
(j) Yard clippings, as specified in the act.  
(3) The owner and operator of a landfill shall implement a program at the facility  
for detecting and preventing the disposal of wastes that are prohibited by subrule (2) of  
this rule. The program shall include all of the following:  
(a) Random inspections of incoming loads.  
(b) Inspections of suspicious loads.  
(c) Records of any inspections.  
(d) Training of facility personnel to recognize prohibited waste.  
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(e) Procedures for notifying all of the following persons if regulated hazardous  
waste or PCB waste is discovered at the facility:  
(i) The generator of the waste.  
(ii) The transporter of the waste.  
(iii) The director or his or her designee.  
(iv) For PCB waste, the EPA regional administrator.  
(v) The certified health department, if any.  
(4) The definition of PCB waste and PCB items contained in 40 C.F.R. §761.3 is  
adopted by reference in R 299.4140. The provisions of 40 C.F.R. §61.154 pertaining to  
asbestos waste are adopted by reference in R 299.4131.  
History: 1993 AACS; 1999 AACS; 2015 AACS.  
R 299.4431 Type II landfill operation; noise.  
Rule 431. (1) Operation of a type II landfill shall not result in noise exceeding the  
following levels when measured at the common property line nearest the active work  
area:  
(a) For adjacent residential property, 75 dBA.  
(b) For adjacent commercial property, 85 dBA.  
(c) For adjacent industrial and other property, 90 dBA.  
(2) Noise levels may be monitored by the solid waste control agency using  
weighted decibel measurements, referenced to 20 micropascals, with an audio output  
meter that is approved by the United States bureau of standards.  
(3) Objectionable noises due to intermittence beat, frequency, or shrillness  
shall be muffled so as not to become a nuisance to adjacent uses.  
History: 1993 AACS; 1999 AACS.  
R 299.4432 Type II landfill operation; leachate and secondary collection  
system monitoring; leachate treatment, storage, and disposal.  
Rule 432. (1) The owner and operator of a type II landfill shall remove leachate  
from a disposal unit as frequently as necessary to ensure that the leachate depth on the  
liner, excluding the sump, is not more than 1 foot, except after a significant storm  
event. The leachate depth on the liner shall not be more than 1 foot for more than 7  
days after a significant storm event. A significant storm event is a storm that generates  
0.1 inches or more of rainfall in 24 hours.  
(2) The owner and operator shall monitor the leachate collection system and  
record all of the following:  
(a) Leachate depths on a schedule that assures compliance with this subrule.  
(b) The monthly volume of leachate pumped from all units.  
(c) The quality of leachate generated from the landfill by sampling and analyzing  
for both of the following:  
(i) The primary inorganic indicators listed in R 299.4450 and primary volatile  
organics listed in R 299.4453 on a quarterly basis during the active life and on an annual  
basis during the postclosure period.  
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(ii) Other constituents listed in R 299.4451, R 299.4452, and R 299.4454 on an  
annual basis during the active life and postclosure period.  
(3) The owner and operator of a sanitary landfill that contains a secondary  
collection system shall do all of the following:  
(a) Remove pumpable liquids in the secondary collection system sumps on a  
frequency that is sufficient to minimize the head on the bottom liner.  
(b) During the active life, do both of the following:  
(i) Record in the operating record the amount of liquid removed from each system  
sump at least weekly.  
(ii) Calculate and record in the operating record the average daily flow  
rate, monthly.  
(c) During the postclosure period, do both of the following:  
(i) Record in the operating record the amount of liquids removed from each  
secondary collection system sump, at least monthly. If the liquid level in the sump stays  
below the pump operating level for 2 consecutive months, the amount of liquids in the  
sumps may be recorded quarterly. If the liquid level in the sump stays below the  
pump operating level for 2 consecutive quarters, the amounts of liquids in the sumps  
may be recorded semiannually. If at any time during the postclosure care period the  
pump operating level is exceeded at units on quarterly or semiannual recording  
schedules, the owner or operator shall return to the monthly recording of amounts of  
liquids removed from each sump until the liquid level again stays below the pump  
operating level for 2 consecutive months.  
(ii) Calculate and record in the operating record the average daily flow rate,  
monthly, unless the owner and operator are on a reduced frequency for recording flow  
under subparagraph (i) of this paragraph. An owner and operator who qualify for  
recording flow on a reduced frequency are exempt from calculating an average daily  
flow rate.  
(d) If the average daily flow rate removed from the sump of a secondary  
collection system during any month averages more than the action flow rates  
specified in subrule (4) of this rule, do one of the following within 30 days  
of the end of the month in which the exceedance occurred:  
(i) Initiate a liquids management plan to reduce the flow in the secondary collection  
system and the potential impact of this flow and place this plan in the operating record,  
and for unmonitorable units, comply with the leak detection requirements of R  
299.4437. A liquids management plan may provide for increasing the frequency or rate  
of leachate removal, the suspension of leachate reintroduction, the application of interim  
cover to reduce leachate generation, or other actions which are appropriate to reduce the  
flow rate in the secondary collection system. The owner and operator may  
discontinue actions under a liquids management plan if the average daily flow rate in a  
subsequent month no longer exceeds the action flow rate which initiated the action.  
(ii) Demonstrate to the director that the flow in the secondary collection system is  
due to construction or consolidation water from the primary liner and not by excessive  
leakage from the landfill cell. The demonstration shall be certified by a registered  
professional engineer. In the event the director denies this demonstration, the owner  
and operator shall initiate a liquids management plan within 30 days of the denial.  
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(iii) For monitorable units which have a natural soil barrier or equivalent  
geologic protection below the secondary collection system which meets the criteria of  
R 299.4422(2), continue to remove pumpable liquids on a frequency which minimizes the  
head on the bottom liner. Landfill cells which meet this criteria are exempt from the  
liquids management plan requirements of this paragraph.  
(4) In order to evaluate the performance of a secondary collection system, the  
director shall establish an action flow rate for each landfill cell containing such a  
system in the operating license. For purposes of this rule and R 299.4437, a "landfill  
cell" means a portion of a landfill unit which contains a separate secondary collection  
system and sump. The action flow rate shall be equal to the following:  
(a) A value of 5 gallons per acre per day, for unmonitorable units with less than 2  
feet of compacted clay in the primary liner.  
(b) A value of 25 gallons per acre per day, for monitorable units with less than 2  
feet of clay in the primary liner.  
(c) A value of 50 gallons per acre per day, for unmonitorable units with at least 2  
feet of compacted clay in the primary liner.  
(d) A value of 200 gallons per acre per day, for monitorable units with at least 2 feet  
of compacted clay in the primary liner.  
(5) The owner and operator of a type II landfill shall inspect all leachate  
collection pipes on a schedule that assures the proper operation of the leachate collection  
system. All pipes shall be cleaned or flushed as necessary to assure proper operation.  
(6) The owner and operator of a type II landfill shall ensure that all leachate that  
is generated by the landfill is disposed of in compliance with part 31 of the act. To do  
so, the owner and operator shall provide for 1 of the following:  
(a) On-site treatment and discharge by a facility that is permitted under part 31 of  
the act or is otherwise approved by the director.  
(b) Discharge, by sewer or pipeline, to an off-site publicly owned treatment  
works or other facility that is permitted under part 31 of the act or is otherwise approved  
by the director.  
(c) Discharge, by pump and haul, to an off-site publicly owned treatment works or  
other facility that is permitted under part 31 of the act or is otherwise approved by the  
director.  
(7) The owner and operator of a type II landfill that discharges to an off-site  
publicly owned treatment works or other facility that is permitted under part 31 of the  
act shall do all of the following:  
(a) Secure written permission to discharge to the facility before discharge.  
(b) Meet any applicable pretreatment requirements.  
(c) If the discharge is by pump and haul, provide, for hauling a volume necessary  
to comply with subrule (1) of this rule.  
(8) The owner and operator may recirculate leachate, liquid from the secondary  
collection system, or gas condensate back to a disposal unit if the director approves a plan  
for the recirculation in an operating license.  
History: 1993 AACS; 1999 AACS.  
R 299.4433 Type II landfill operation; explosive gas control and monitoring.  
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Rule 433. (1) The owner and operator of a type II landfill shall ensure all of the  
following:  
(a) That the concentration of methane gas generated by the facility is not more than  
25% of the lower explosive limit for methane in facility structures, excluding gas  
control or recovery system components, and the leachate collection system.  
(b) That the concentration of methane gas is not more than the lower explosive  
limit at or beyond the facility property boundary.  
(c) That gases generated by the facility do not create a nuisance and are not  
otherwise in violation of part 55 of the act at the property boundary.  
(2) The owner and operator of a type II landfill shall implement a routine methane  
monitoring program to ensure that the requirements of subrule (1) of this rule are met.  
The type and frequency of monitoring shall be based on all of the following factors:  
(a) Soil conditions.  
(b) The hydrogeologic conditions surrounding the facility.  
(c) The hydraulic conditions surrounding the facility.  
(d) The location of facility structures and property boundaries.  
(3) The minimum frequency of methane monitoring shall be quarterly.  
(4) If methane gas levels exceeding the limits specified in subrule (1) of this rule are  
detected from either an active or closed unit, the owner and operator shall do all of the  
following:  
(a) Immediately take all necessary steps to ensure protection of human health and  
notify the director.  
(b) Within 7 days of detection, place, in the operating record, the methane gas  
levels detected and a description of the steps taken to protect human health.  
(c) Within 60 days of detection, implement a remediation plan for the methane  
gas releases, place a copy of the plan in the operating record, and notify the director that  
the plan has been implemented. The plan shall describe the nature and extent of the  
problem and the proposed remedy.  
(5) The director may establish alternative schedules for demonstrating  
compliance under subrule (4) of this rule.  
(6) An active gas management system shall be installed at a type II landfill if  
necessary under subrule (4) of this rule. An active gas management system shall do  
all of the following:  
(a) Include a control system that includes 1 or both of the following:  
(i) A system within the unit that is in compliance with subrule (7) of this rule.  
(ii) A system outside the unit that is in compliance with subrule (8) of this rule.  
(b) Include a collection system for transporting gas to a central point or points for  
process or disposal.  
(c) Include provisions for collecting and draining gas condensate to the leachate  
collection and removal system.  
(d) Prevent the migration of gas out of the unit.  
(e) Operate until the waste is stabilized and no longer producing gas in quantities  
that are in violation of subrule (1) or (4) of this rule.  
(7) An active gas control system that is installed within the perimeter of a solid  
waste disposal unit shall be designed and constructed to do the all of the following:  
(a) Function for the active life of the disposal unit and the postclosure period.  
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(b) Operate safely in hazardous or explosive environments.  
(c) Be resistant to corrosion by the constituents of landfill gas.  
(d) Withstand all normal landfill conditions, including settlement.  
(e) Provide for the collection and draining of gas condensate.  
(f) Not adversely affect the integrity of any liner, leachate collection system, or  
final cover.  
(g) Be airtight.  
(8) An active gas control system that is located outside the perimeter of the solid  
waste disposal unit shall consist of either trenches or gas wells which effectively cut off  
the lateral migration of gas and which extend down to 1 of the following:  
(a) A natural soil barrier that is in compliance with R 299.4912.  
(b) The seasonal high water table.  
(c) The elevation of the liner within the solid waste disposal unit.  
(d) Other barriers approved by the director.  
History: 1993 AACS; 1999 AACS.  
R 299.4434 Type II landfill operation; air criteria.  
Rule 434. (1) The owner and operator of a type II landfill shall ensure that the unit  
is not in violation of any applicable requirements developed under part 55 of the act or  
the state implementation plan approved or promulgated by the administrator under  
section 110 of the clean air act, as amended.  
(2) The burning of solid waste, except for the infrequent burning of agricultural  
wastes, silvicultural wastes, land-clearing debris, diseased trees, or debris from  
emergency cleanup operations, is prohibited at all type II landfills.  
(3) The burning of waste specified in subrule (2) of this rule shall be conducted  
only in designated areas with the permission of the solid waste control agency and  
other appropriate authorities. Suitable measures shall be available to extinguish  
accidental fires.  
History: 1993 AACS; 1999 AACS.  
R 299.4435 Type II landfill operation; run-on and runoff control systems.  
Rule 435. (1) The owner and operator of a type II landfill shall design, construct,  
and maintain both of the following systems:  
(a) A run-on control system to prevent flow onto the active portion of the landfill  
during the peak discharge from a 25-year, 24-hour storm.  
(b) A runoff control system from the active portion of the landfill to collect and  
control at least the water volume that results from a 24-hour, 25-year storm.  
(2) The owner and operator of a type II landfill shall manage runoff from the active  
portion of the landfill that does not have interim cover as leachate in accordance with  
R 299.4432.  
(3) The owner and operator of a type II landfill shall control runoff from the active  
work area of the landfill and shall institute erosion control measures as necessary to  
comply with part 91 of the act.  
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History: 1993 AACS; 1999 AACS.  
R 299.4436 Type II landfill operation; surface and groundwater performance  
requirements.  
Rule 436. (1) The operation of a type II landfill unit shall not do any of the  
following:  
(a) Cause a discharge of pollutants into waters of the United States, including  
wetlands, that is in violation of any of the requirements of the federal clean water act,  
including the national pollutant discharge elimination system (NPDES) requirements  
under section 402 of the federal clean water act.  
(b) Cause the discharge of a nonpoint source of pollution to waters of the United  
States, including wetlands, that is in violation of any of the requirements of an  
areawide or statewide water quality management plan that has been approved under  
section 208 or 319 of the federal clean water act.  
(c) Cause a discharge in violation of part 31 of the act or rules promulgated  
under part 31 of the act.  
(2) The owner and operator of a type II landfill shall conduct a surface water  
monitoring program approved by the director for any surface water that may receive  
runoff from the active work area. Monitoring results shall be submitted to the director  
or his or her designee not more than 30 days after the end of the calendar quarter.  
History: 1993 AACS; 1999 AACS.  
R 299.4437 Landfill operation; leak detection systems.  
Rule 437. (1) For unmonitorable units, the secondary collection system is also a  
leak detection system. To evaluate the performance of a leak detection system, the  
director shall establish a response flow rate for each landfill cell that contains a leak  
detection system in the operating license for the unit. The response flow rate for a  
leak detection system is determined by the following criteria:  
(a) By using a value of 200 gallons per acre per day for A landfill design that has a  
primary liner which uses 2 feet or more of compacted clay.This flow rate accounts for  
water from the consolidation of clay or natural groundwater.  
(b) By using a value of 25 gallons per acre per day for A landfill design which has  
A primary liner without 2 feet or more of compacted clay.  
(2) If the average daily flow rate removed from the sump of a leak detection  
system is more than the action flow rate for that cell specified in R 299.4432, the  
owner and operator shall evaluate the chemical characteristics of liquid in the leak  
detection system by sampling and analyzing the system in accordance with subrule  
(6) of this rule and evaluating for the presence of a leak by a statistical test under R  
299.4908, a trend analysis, or other means. Before solid waste is placed in any new unit  
that has a leak detection system, the owner and operator may, at their discretion,  
establish a baseline concentration of constituents in the secondary collection system  
based on an analysis of representative samples from the system.  
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(3) The owner and operator of a landfill shall conduct the response actions  
required under subrule (5) of this rule if monitoring of the leak detection system  
determines that both of the following apply to liquid that is removed from the system:  
(a) The average daily flow rate is more than the response flow rate that is  
established for the unit under subrule (1) of this rule.  
(b) The liquid contains hazardous substances indicative of leachate from the unit.  
(4) The owner and operator of a landfill that has a leak detection system that  
exceeds the response flow rate may demonstrate to the director that hazardous  
substance concentrations present are not above the baseline concentration established  
pursuant to subrule (2) of this rule or that the flow is due to construction or  
consolidation water from the primary liner and is not due to excessive leakage from the  
unit. The demonstration shall be certified by a registered professional engineer. Upon  
director approval of a demonstration, the owner and operator shall be exempt from the  
response action plan requirements of this rule.  
(5) An owner and operator who are required to conduct response actions pursuant  
to this rule shall take all of the following actions:  
(a) Within 7 days of a determination that the response flow rate has been exceeded,  
notify the director, in writing, that the response flow rate has been exceeded.  
(b) Submit a preliminary written assessment to the director within 14 days of a  
determination that the response flow rate has been exceeded. A preliminary written  
assessment shall include all of the following information for the landfill cell in which the  
response flow rate was exceeded:  
(i) The amount of liquids removed from the leak detection system.  
(ii) The likely sources of liquids, including the depth of leachate in the leachate  
collection system.  
(iii) The possible location, size, and cause of any leaks.  
(iv) The short-term actions taken and planned.  
(c) Determine, to the extent practicable, the location, size, and cause of any leak.  
(d) Determine whether waste receipt should cease or be curtailed, whether any  
waste should be removed from the landfill cell for inspection, repairs, or controls, and  
whether or not the unit should be closed.  
(e) Determine any other short-term and longer-term actions to be taken to  
mitigate or stop any leaks.  
(f) After a determination that the response flow rate has been exceeded, and for as  
long as the flow rate in the system exceeds the response flow rate, the owner or  
operator shall submit to the director, within 30 days of the end of the calendar quarter, a  
report that summarizes the results of any remedial actions taken and planned.  
(g) To make the leak or remediation determinations specified in this subrule, the  
owner or operator shall do all of the following:  
(i) Assess the source of liquids and amounts of liquids by source.  
(ii) Conduct a fingerprint, hazardous constituent, or other analysis of the liquids in  
the system to identify the source of liquids and possible location of any leaks and the  
hazard and mobility of the liquid.  
(iii) Assess the seriousness of any leaks in terms of potential for escaping into  
the environment or document why the assessments are not needed.  
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(6) An owner or operator who is required to evaluate the chemical  
characteristics of a leak detection system under this rule shall sample and analyze for the  
constituents listed in R 299.4450 to R 299.4454 or the approved hydrogeological  
monitoring plan, quarterly during the active life  
and postclosure period, except as provided in subrule (7) of this rule, and shall  
submit the results of the monitoring and any required notifications and reports to the  
director not more than 30 days after the end of the calendar quarter.If none of the  
constituents or their breakdown products are detected in leachate at practical  
quantitation limits approved by the director for 2 consecutive sampling events, then  
the owner and operator may reduce the frequency of analysis of the constituents in the  
leak detection system to annually for as long as the constituents are not detected in the  
leachate.  
(7) The owner or operator of  
a
landfill unit who initiates chemical  
characterization of a leak detection system or response actions after exceeding an  
action flow rate or response flow rate may discontinue the action if the average daily  
flow rate in a subsequent calendar month no longer exceeds the applicable flow rate  
that initiated the action.  
History: 1993 AACS; 1999 AACS.  
R 299.4438 Type II landfill operation; recordkeeping requirements.  
Rule 438. (1) The owner and operator of a type II landfill unit shall record and  
retain, near the facility in an operating record or in an alternative location  
approved by the director, all of the following information as it becomes available:  
(a) Any location restriction demonstration that is required under this part.  
(b) Inspection records, training procedures, and notification procedures that are  
required under R 299.4430.  
(c) Gas monitoring results from monitoring and any remediation plans that are  
required under R 299.4433.  
(d) Any type II landfill unit design documentation for the placement of leachate or  
gas condensate in a type II landfill unit as required by these rules.  
(e) Any demonstration, certification, finding, monitoring, testing, or analytical  
data required by these rules for groundwater or secondary collection system  
monitoring.  
(f) Records of the quantity of waste received that are required to determine  
payments into the perpetual care fund.  
(g) Closure and postclosure care plans and any monitoring, testing, or analytical  
data required by these rules.  
(h) Any cost estimates and financial assurance documentation required by these  
rules.  
(i) Test results documenting that class C alternate daily cover material meets  
criteria established by the director for daily cover.  
(2) The owner and operator shall notify the director when the documents specified  
in subrule (1) of this rule have been placed in or added to the operating record. All  
information that is contained in the operating record shall be furnished upon request to  
the director or be made available at reasonable times for inspection by the director.  
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History: 1993 AACS; 1999 AACS.  
R 299.4439 Type II landfill groundwater monitoring and corrective action;  
applicability.  
Rule 439. (1) The requirements of R 299.4440 to R 299.4445 apply to all type II  
landfill units, except as provided in subrules (2) and (6) of this rule.  
(2) An owner or operator of a type II landfill may petition the director to reduce or  
waive certain groundwater monitoring requirements specified in R 299.4440 to R  
299.4445 if the owner or operator can demonstrate that there is no potential for the  
migration of hazardous constituents from that type II landfill unit to the uppermost  
aquifer during the active life of the unit and the post-closure care period. This  
demonstration shall be certified by a qualified groundwater scientist and approved by  
the director and shall be based upon both of the following:  
(a) Site-specific field collected measurements, sampling, and analysis of physical,  
chemical, and biological processes that affect contaminant fate and transport.  
(b) Contaminant fate and transport predictions that maximize contaminant  
migration and consider impacts on human health and the environment.  
(3) The director shall waive sampling and analysis for secondary organic  
constituents specified in R 299.4454 upon a demonstration by the owner or operator  
that the criteria of subrule (2) of this rule are met by the following conditions:  
(a) The landfill unit will have an active life less than 20 years.  
(b) The landfill unit meets both the location criteria of R 299.4422(3) and the design  
criteria of R 299.4422(4), which provide for a secondary collection system.  
(c) The constituents have not been detected in the secondary collection system.  
(4) Owners and operators of type II landfill units shall comply with the  
groundwater monitoring requirements of this part before waste can be placed in the unit.  
(5) Once established at a type II landfill unit, groundwater monitoring shall be  
conducted throughout the active life and 30-year post-closure care period of that unit as  
specified in R 299.4449.  
(6) In addition to the requirements of subrule (4) of this rule, owners and operators  
of preexisting landfill units shall comply with the groundwater monitoring plan for the  
unit approved by the director before the effective date of this rule, unless a new plan is  
approved by the director.  
History: 1993 AACS; 2005 AACS.  
R 299.4440 Type II landfill groundwater monitoring; detection monitoring  
program.  
Rule 440. (1) Detection monitoring is required at type II landfill units at all  
groundwater monitoring wells defined in R 299.4906. At a minimum, a detection-  
monitoring program for a type II landfill shall include monitoring for all of the following  
constituents:  
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(a) The primary indicators listed in R 299.4450, conductivity and pH, at least  
quarterly during the active life and semiannually during the postclosure period, except as  
provided for in subrules (5) and (6) of this rule.  
(b) The following constituents listed at least semiannually during the active life of  
the facility and the postclosure period, except as provided in subrules (2) to (6) of this  
rule:  
(i) Heavy metals that are listed in R 299.4452.  
(ii) Primary volatile organic constituents listed in R 299.4453.  
(iii) Secondary organic constituents listed in R 299.4454.  
(2) The director shall waive the sampling and analysis of some or all of the heavy  
metals specified in R 299.4452 if other inorganic indicator parameters listed in  
R 299.4450 or R 299.4451 provide a reliable indication of inorganic releases from the  
unit to groundwater. In determining whether to approve a waiver, the director shall  
consider all of the following factors:  
(a) The types, quantities, and concentrations of constituents in the wastes that are  
managed at the type II landfill unit.  
(b) The mobility, stability, and persistence of waste constituents or their reaction  
products in the unsaturated zone beneath the type II landfill unit.  
(c) The detectability of indicator parameters, waste constituents, and reaction  
products in the groundwater.  
(d) The concentration and variance of monitoring parameters in the groundwater  
background.  
(3) The owner and operator of a type II landfill unit that contains a secondary  
collection system shall be deemed to have met the criteria of subrule (2) of this rule and  
may conduct sampling and analysis for primary indicators listed in R 299.4450 in place  
of the heavy metals listed in R 299.4452 if all of the following conditions are met:  
(a) Leachate monitoring shows that the concentration of all of the indicators in  
leachate is not less than 10 times the concentration in groundwater.  
(b) Secondary collection system monitoring shows all of the following:  
(i) That the allowable flow rate has not been exceeded.  
(ii) That the concentration of 2 or more indicators in the system is not more than the  
following threshold values for 2 consecutive sampling events:  
(A) For chlorides, 250 mg/l.  
(B) For iron, 0.3 mg/l.  
(C) For sulfates, 250 mg/l.  
(D) For total inorganic nitrogen, 10 mg/l.  
(E) For total dissolved solids, 500 mg/l.  
(F) For other constituents, a value approved by the director.  
(iii) That volatile organics listed in R 299.4453 have not been detected in the  
secondary collection system.  
(iv) That the concentration of metals listed in R 299.4452 has not exceeded the  
part 201 generic residential cleanup criteria contained in R 299.44 and R 299.46.  
(c) The unit is a monitorable unit.  
(d) The concentration of the indicators in groundwater is normally distributed.  
(4) The director shall delete any of the monitoring parameters listed in R 299.4452  
to R 299.4454 for a type II landfill unit if it can be shown that the removed constituents  
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are not reasonably expected to be in or derived from the waste that is contained in the  
unit. An owner or operator may demonstrate that a constituent is not expected to be in or  
derived from the waste if the constituent and any breakdown products are not detectable  
in leachate at practical quantitation limits approved by the director based on historic  
analysis of leachate from not less than 2 sampling events.  
(5) The owner and operator of a type II landfill may apply to the director for an  
appropriate alternative frequency for repeated sampling and analysis for pH,  
conductivity, and the constituents specified in R 299.4450 to R 299.4454, during the  
active life, including closure, and the postclosure care period. The alternative frequency  
during the active life, including closure, shall be at least semiannually for pH,  
conductivity, and the constituents specified in R 299.4450 and R 299.4451, and at least  
annually for the constituents specified in R 299.4452 to R 299.4454. The alternative  
frequency shall be based on consideration of all of the following factors:  
(a) The lithology of the aquifer and unsaturated zone.  
(b) The hydraulic conductivity of the aquifer and unsaturated zone.  
(c) The groundwater flow rates.  
(d) The minimum distance of travel between waste and the closest downgradient  
monitoring well screen.  
(e) The presence of an alternative monitoring system, such as a secondary collection  
system.  
(f) The resource value of the aquifer.  
(6) The owner or operator of a type II landfill unit shall be deemed to meet the  
criteria of subrule (5) of this rule and may reduce sampling of the following constituents  
to the following frequency during the active life and 30-year postclosure period if the  
following conditions are met as applicable:  
(a) The heavy metals listed in R 299.4452 and secondary organic constituents listed  
in R 299.4454 to annually if the active portions of the unit contain a composite liner  
underlain by a natural soil barrier in compliance with the leakage control criteria of  
R 299.4422(2).  
(b) For monitorable units which contain a secondary collection system in the active  
portion, but which are not underlain by a natural soil barrier meeting the criteria of  
R 299.4422(2), all constituents listed in R 299.4450 to R 299.4454 to the following  
frequency:  
(i) To annually, if the average daily flow rate in the secondary collection system of  
all landfill cells in the active portion does not exceed the following flow rates during the  
previous 6 months:  
(A) A value of 5 gallons per acre per day for landfill cells that have less than 2 feet  
of compacted clay in the primary liner.  
(B) A value of 50 gallons per acre per day for landfill cells that have not less than 2  
feet of compacted clay in the primary liner.  
(ii) To semiannually, if the average daily flow rate in the secondary collection  
system of any landfill cell in the active portion has exceeded the flow rates specified in  
paragraph (i) of this subdivision in the previous 6 months, but has not exceeded the  
following action flow rates for the cell during the previous 6 months:  
(A) A value of 25 gallons per acre per day for landfill cells that have less than 2 feet  
of compacted clay in the primary liner.  
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(B) A value of 200 gallons per acre per day for landfill cells that have not less than  
at least 2 feet of compacted clay in the primary liner.  
(c) For monitorable units that contain a secondary collection system in the active  
portion underlain by a natural soil barrier meeting the criteria of R 299.4422(2), to  
annually if the average daily flow rate in the secondary collection system of any landfill  
cell in the active portion has not exceeded the following flow rates during the previous  
6 months:  
(i) A value of 25 gallons per acre per day for landfill cells that have less than 2 feet  
of compacted clay in the primary liner.  
(ii) A value of 200 gallons per acre per day for landfill cells that have not less than  
2 feet of compacted clay in the primary liner.  
(7) If insufficient background data exists to perform statistical analysis, a minimum  
of 4 independent samples shall be collected and analyzed during the first sampling event.  
At least 1 sample from each detection monitoring well shall be collected and analyzed  
during subsequent sampling events. An alternate background collection schedule may be  
approved by the director. An interim statistical method may be utilized during the period  
in which background data is collected.  
(8) If the owner and operator determine, pursuant to a statistical test specified in  
R 299.4908, that there is a statistically significant increase over background for 1 or more  
of the constituents at any monitoring well at the solid waste boundary or at other  
monitoring locations required by the director, then the owner and operator shall do both  
of the following:  
(a) Within 14 days of the determination, place a notice in the operating record that  
indicates which constituents have shown statistically significant increases from  
background levels and notify the director that the notice is placed in the operating record.  
(b) Prepare and submit to the director an assessment monitoring plan that is in  
compliance with R 299.4441 and a response action plan that is in compliance with  
R 299.4442 within 45 days of the determination, or pursuant to an alternate schedule  
approved by the director, except as provided in subrule (9) of this rule.  
(9) The owner and operator may demonstrate to the director that a source other than  
a landfill unit caused the contamination or that the statistically significant increase  
resulted from error in sampling, analysis, statistical evaluation or from natural variation  
in groundwater quality. A report that documents the demonstration shall be certified by a  
qualified groundwater scientist, be submitted to the director within 30 days of the  
determination specified in subrule (8) of this rule, and be placed in the operating record.  
If the director determines that the alternate source demonstration prepared pursuant to  
this subrule has not been successfully provided, the deficiencies shall be specified to the  
petitioner in writing and the petitioner granted 15 days to address those deficiencies  
identified by the director. If a successful demonstration is made and documented, then  
the owner or operator shall do the following:  
(a) Continue detection monitoring as specified in this rule.  
(b) Determine whether the presence of hazardous constituents in groundwater  
renders any new units or lateral extensions within the solid waste boundary  
unmonitorable. If so, the owner and operator shall develop a schedule for submitting  
revised engineering plans for such lateral extensions or new units that include a leak  
detection system.  
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(10) If the director notifies the owner and operator that a successful demonstration  
has not been made, then, within 15 days of notification by the director, the owner and  
operator shall prepare an assessment monitoring program as required in R 299.4441 and  
submit a response action plan to the director as required in R 299.4442.  
History: 1993 AACS; 1999 AACS; 2005 AACS; 2015 AACS.  
R 299.4441 Type II landfill groundwater monitoring; assessment monitoring  
program.  
Rule 441. (1) Assessment monitoring is required at a type II landfill if a statistically  
significant increase over background has been detected for 1 or more of the constituents  
listed in R 299.4440.  
(2) Within 60 days of the submittal of an assessment monitoring program, and  
annually thereafter, the owner and operator of a type II landfill shall sample the  
groundwater for analysis of all constituents listed in R 299.4450 to R 299.4452 and 40  
C.F.R part 258, appendix II at an appropriate subset of monitoring wells approved by the  
director. A minimum of 1 sample from each approved downgradient well shall be  
collected and analyzed during each sampling event. For any constituent that is  
detected in the downgradient wells as a result of the complete R 299.4450 to R  
299.4452 and appendix II constituent analysis, a minimum of 4 independent samples  
from each background and downgradient well shall be collected and analyzed to establish  
background for the constituents. The director shall consider anappropriate subset of  
wells to be sampled and analyzed for R 299.4450 to R 299.4452 and appendix II  
constituents during assessment monitoring. The director shall delete any of the R  
299.4450 to R 299.4452 and appendix II constituents for a unit if it can be shown,  
based on leachate data, secondary collection system monitoring, waste classification data,  
or other data, that the removed constituents are not reasonably expected to be in or  
derived from the waste contained in the unit or that the constituent is not a reliable  
indicator parameter.  
(3) The director shall specify an appropriate frequency for repeated sampling  
and analysis for all of the R 299.4450 to R 299.4452 and appendix II constituents for  
which sampling and analysis are required by this rule during the active life, including  
closure, and post-closure care of the unit. In specifying the frequency, the director shall  
consider all of the following factors:  
(a) The lithology of the aquifer and unsaturated zone.  
(b) The hydraulic conductivity of the aquifer and unsaturated zone.  
(c) Groundwater flow rates.  
(d) The minimum distance between upgradient edge of the unit and  
downgradient monitoring well screen.  
(e) The nature of any constituents detected in response to this rule.  
(4) After obtaining the results from the initial or subsequent sampling events  
required in subrule (2) of this rule, the owner and operator shall do all of the following:  
(a) Within 14 days, place a notice in the operating record that identifies the R  
299.4450 to R 299.4452 and appendix II constituents that have been detected and  
notify the director that this notice has been placed in the operating record.  
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(b) Within 90 days, and on at least a semiannual basis thereafter, resample all wells  
specified by the provisions of R 299.4441(2), conduct analyses for all constituents  
listed in R 299.4450 to R 299.4454 and for those constituents listed in appendix II  
that are detected in response to the requirements of subrule (2) of this rule and are  
present at statistically significant levels above background, and record their  
concentrations in the facility operating record. At least 1 sample from each  
background and downgradient well shall be collected and analyzed during these  
sampling events. The director shall consider an alternative monitoring frequency  
during the active life, including closure, and the post-closure period for the constituents  
referred to in this subdivision. The alternative frequency for constituents listed in R  
299.4452 to R 299.4454, during the active life, including closure, shall be at least  
annually. The alternative frequency shall be based on consideration of the factors  
specified in subrule (3) of this rule.  
(c) Establish background concentrations for any constituents detected pursuant  
to this rule where background has not already been established.  
(d) Establish groundwater protection standards consistent with section 20120a of  
the act for all constituents that are detected pursuant to this rule.  
(5) If the concentrations of all constituents listed in R 299.4450 to R 299.4454 and  
all appendix II constituents are shown to be at or below background values, using  
the statistical procedures in R 299.4908, for 2 consecutive sampling events, then the  
owner and operator shall notify the director of the finding and may return to detection  
monitoring.  
(6) If the concentration of any constituent listed in R 299.4450 to R 299.4454 or  
any appendix II constituents are above background values, but all concentrations are  
below the groundwater protection standard established pursuant to the provisions of  
subrule (9) of this rule, then the owner and operator shall do all of the following:  
(a) Continue assessment monitoring in accordance with this rule.  
(b) Characterize the nature and extent of the release by installing additional  
monitoring wells as necessary.  
(c) Install at least 1 additional monitoring well at the facility boundary in the  
direction of contaminant migration and sample the well in accordance with the  
provisions of subrule (4) of this rule.  
(d) Notify all persons who own the land or reside on the land that directly overlies  
any part of the plume of contamination if contaminants have migrated off-site as  
indicated by the sampling of wells in accordance with this rule.  
(7) If 1 or more constituent listed in R 299.4450 to R 299.4454 or appendix II  
constituents are detected at statistically significant levels and are above the  
groundwater protection standard established pursuant to subrule (9) of this rule, in any  
sampling event, then the owner or operator shall do all of the following:  
(a) Within 14 days of the detection, place a notice in the operating record that  
identifies the hazardous substances that have exceeded any criteria for groundwater  
established pursuant to section 20120a of the act.  
(b) Notify the director and all appropriate local government officials that the notice  
has been placed in the operating record.  
(c) Continue assessment monitoring in accordance with this rule.  
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(d) Install at least 1 additional monitoring well at the facility boundary in the  
direction of contaminant migration and sample the well in accordance with subrule (4)  
of this rule.  
(e) Characterize the nature and extent of the release by installing additional  
monitoring wells as necessary.  
(f) Notify all persons who own the land or reside on the land that directly overlies  
any part of the plume of contamination if contaminants have migrated off-site as  
indicated by the sampling of wells in accordance with this rule.  
(g) Except as provided by subrule (8) of this rule, initiate an assessment of  
corrective measures as required by R 299.4443 within 90 days of the detection.  
(8) An owner and operator may demonstrate that a source other than a type II  
landfill unit or other source at the facility caused the contamination or that the  
statistically significant increase resulted from error in sampling, analysis, or statistical  
evaluation or from natural variation in groundwater quality. A report that documents the  
demonstration shall be certified by a qualified groundwater scientist, approved by the  
director, and placed in the operating record. Until a successful demonstration is made,  
the owner and operator shall comply with subrules (6) and (7) of this rule. If a  
successful demonstration is made, the owner and operator shall do the following:  
(a) Continue monitoring in accordance with the assessment monitoring program  
pursuant to this rule. The owner and operator may return to detection monitoring if  
the hazardous substances are at or below background as specified in subrule (5) of this  
rule.  
(b) Determine whether any new units or lateral extensions of existing units will be  
unmonitorable. If so, the owner and operator shall develop a schedule for  
submitting revised engineering plans for such lateral extensions and new units that are in  
compliance with the provisions of R 299.4422(4), and include a leak detection system.  
(c) Not be subject to the response action plan requirements of R 299.4442 or the  
assessment of corrective measures of R 299.4443.  
(9) The owner or operator shall establish a groundwater protection standard for each  
hazardous substance that is detected in groundwater. The groundwater protection  
standard shall be as follows:  
(a) For constituents for which a maximum contaminant level has been  
promulgated pursuant to the provisions of section 1412 of the safe drinking water act  
and has been codified at 40 C.F.R. part 141, the lowest of the following:  
(i) The maximum contaminant level for that constituent.  
(ii) The applicable cleanup criteria for that constituent for groundwater as  
established pursuant to section 20120a of the act.  
(b) For constituents for which the background level is higher than the maximum  
contaminant level or applicable cleanup criteria for groundwater, the background  
concentration.  
(c) For constituents for which a maximum contaminant level has not been  
promulgated, either of the following:  
(i) The background concentration for the constituent established from wells in  
accordance with the provisions of R 299.4906(1).  
(ii) The applicable cleanup criteria for that constituent for groundwater established  
pursuant to section 20120a of the act.  
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History: 1993 AACS; 2005 AACS.  
R 299.4442 Type II landfill groundwater monitoring; response action plan.  
Rule 442. (1) The owner and operator of a type II landfill unit that is required to  
prepare a response action plan shall identify all of the following:  
(a) Possible sources of contamination.  
(b) Interim response activities taken or to be taken to control possible sources of  
contamination.  
(c) For units that the owner or operator concludes are probable sources of  
contamination, a schedule for terminating waste receipt, for initiating closure at units,  
and for redesigning and constructing new units that have leak detection systems. The  
schedule shall be based on all of the following:  
(i) The concentration of hazardous substances.  
(ii) The rate of migration.  
(iii) Risks to human health and the environment, including the proximity of drinking  
water supplies.  
(iv) The practicality of initiating closure.  
(v) The availability of other disposal locations.  
(vi) Other relevant factors.  
(2) The director shall approve or deny a response action plan within 60 days of  
submittal. If the director denies a plan, the director shall specify schedules for closure  
and interim response necessary to protect human health and the environment.  
(3) If the concentrations of all hazardous substances are shown to be at or below  
background values, using the statistical procedures in R 299.4908, for 2 consecutive  
sampling events, the owner and operator shall notify the director of this finding and  
may suspend actions under the response action plan.  
History: 1993 AACS; 2005 AACS.  
R 299.4443 Type II landfill corrective action; assessment of corrective  
measures.  
Rule 443. (1) Within 90 days of finding that any hazardous substances have been  
detected at a statistically significant level, and exceed the groundwater protection  
standards defined in R 299.4441, the owner and operator of a type II landfill shall  
initiate an assessment of corrective measures. Such an assessment shall be completed  
within a reasonable period of time approved by the director.  
(2) The owner and operator shall continue to monitor in accordance with the  
assessment-monitoring program as specified in R 299.4441.  
(3) The assessment or corrective measures shall be in compliance with the  
requirements for feasibility studies contained in part 201 of the act and shall include an  
analysis of the effectiveness of potential corrective measures in meeting all of the  
requirements and objectives of the remedy.The analyses shall address all of the  
following areas:  
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(a) The performance, reliability, ease of implementation, and potential impacts of  
appropriate potential remedies, including safety impacts, cross-media impacts, and  
control of exposure to any residual contamination.  
(b) The time required to begin and complete the remedy.  
(c) The costs of remedy implementation.  
(d) The institutional requirements, such as state or local permit requirements  
or other environmental or public health requirements, that may substantially affect  
implementation of the remedy or remedies.  
(4) The owner and operator shall discuss the results of the feasibility study of  
corrective measures in a public meeting with interested and affected parties before  
selecting a remedy.  
History: 1993 AACS; 2005 AACS.  
R 299.4444 Type II landfill corrective action; remedy selection and remedial  
action plan.  
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).  
(3) In selecting a remedy that is in compliance with the standards of subrule (2)  
of this rule, the owner or operator shall consider all of the following evaluation factors:  
(a) The long- and short-term effectiveness and protectiveness of the potential  
remedy or remedies, together with the degree of certainty that the remedy will prove  
successful based on a consideration of all of the following:  
(i) The magnitude of the reduction of existing risks.  
(ii) The magnitude of residual risks in terms of the likelihood of further releases due  
to waste that remains after the implementation of a remedy.  
(iii) The type and degree of long-term management required, including  
monitoring, operation, and maintenance.  
(iv) Short-term risks that might be posed to the community, workers, or the  
environment during the implementation of a remedy, including the potential threats to  
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human health and the environment that are associated with excavation,  
transportation, and the redisposal of contaminants.  
(v) Time until full protection is achieved.  
(vi) The potential for the exposure of humans and environmental receptors  
to remaining wastes, considering the potential threat to human health and the  
environment that is associated with excavation, transportation, redisposal, or  
containment.  
(vii) The long-term reliability of the engineering and institutional controls.  
(viii) The potential need for replacement of the remedy.  
(b) The effectiveness of the remedy in controlling the source to reduce further  
releases based on a consideration of both of the following factors:  
(i) The extent to which containment practices will reduce further releases.  
(ii) The extent to which treatment technologies may be used.  
(c) The ease or difficulty of implementing a potential remedy or remedies based on  
a consideration of all of the following types of factors:  
(i) The degree of difficulty that is associated with constructing the technology.  
(ii) The expected operational reliability of the technologies.  
(iii) The need to coordinate with, and obtain necessary approvals and permits  
from, other agencies.  
(iv) The availability of necessary equipment and specialists.  
(v) The available capacity and location of needed treatment, storage, and disposal  
services.  
(d) The practicable capability of the owner or operator, including  
consideration of the technical and economic capability.  
a
(e) The degree to which community concerns are addressed by a potential remedy  
or remedies.  
(4) The owner and operator shall specify, as part of the remedial action plan, a  
schedule for initiating and completing remedial activities. The schedule shall require  
the initiation of remedial activities within a reasonable period of time approved by the  
director, taking into consideration the factors set forth in this subrule. The owner or  
operator shall consider all of the following factors in determining the schedule of  
remedial activities:  
(a) The extent and nature of contamination.  
(b) The practical capabilities of remedial technologies in achieving compliance  
with groundwater protection standards established pursuant to R 299.4441(9) and other  
objectives of the remedy.  
(c) The availability of treatment or disposal capacity for wastes that are managed  
during implementation of the remedy.  
(d) The desirability of utilizing technologies which are not currently available, but  
which may offer significant advantages over already available technologies in terms of  
effectiveness, reliability, safety, or ability to achieve remedial objectives.  
(e) The potential risks to human health and the environment from exposure to  
contamination before completion of the remedy.  
(f) The resource value of the aquifer, including all of the following information:  
(i) The current and future uses.  
(ii) The proximity and withdrawal rate of users.  
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(iii) The groundwater quantity and quality.  
(iv) The potential damage to wildlife, crops, vegetation, and physical structures  
caused by exposure to waste constituent.  
(v) The hydrogeologic characteristic of the facility and surrounding land.  
(vi) Groundwater removal and treatment costs.  
(vii) The cost and availability of alternative water supplies.  
(g) The practicable capability of the owner or operator.  
(h) Other relevant factors.  
(5) The director shall not approve a remedial action plan that relies upon criteria  
other than the groundwater protection standard specified in the provisions of R  
299.4441, unless the owner or operator demonstrates, to the satisfaction of the director,  
any of the following:  
(a) The groundwater is additionally contaminated by substances that have  
originated from a source other than a unit and those substances are present in  
concentrations such that cleanup of the release from the unit would not provide a  
significant reduction in risk to actual or potential receptors.  
(b) The constituent or constituents are present in groundwater that is neither of  
the following:  
(i) Currently, or reasonably expected to be, a source of drinking water.  
(ii) Hydraulically connected with waters to which the hazardous constituents  
are migrating or are likely to migrate in a concentration or concentrations that would  
exceed the groundwater protection standards established pursuant to R 299.4441.  
(c) Remediation of the release or releases is technically impracticable.  
(d) Remediation results in unacceptable cross-media impacts.  
(6) A determination by the director pursuant to subrule (5) of this rule shall not  
affect the authority of the director to require the owner or operator to undertake  
source control measures or other measures that may be necessary to eliminate or  
minimize further releases to the groundwater, to prevent exposure to the groundwater,  
or to remediate the groundwater to concentrations that are technically practicable  
and significantly reduce threats to human health or the environment.  
(7) The director shall evaluate proposed remedies utilizing the criteria specified in  
this rule and part 201 of the act.  
History: 1993 AACS; 2005 AACS.  
R 299.4445 Type II landfill corrective action; implementation of remedial  
action plan.  
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.  
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(b) Implement the remedial action plan approved pursuant to R 299.4444.  
(c) Take any interim response activities which are required by the director or which  
are otherwise necessary to ensure the protection of human health and the environment.  
Interim measures shall, to the greatest extent practicable, be consistent with the  
objectives, and contribute to the performance, of any remedy that may be required  
pursuant to R 299.4444. All of the following factors shall be considered by an owner  
or operator in determining whether interim measures are necessary:  
(i) The time that is required to develop and implement a final remedy.  
(ii) The actual or potential exposure of nearby populations or environmental  
receptors to hazardous constituents.  
(iii) The actual or potential contamination of drinking water supplies or sensitive  
ecosystems.  
(iv) The further degradation of the groundwater that may occur if remedial action is  
not initiated expeditiously.  
(v) The weather conditions that may cause hazardous constituents to migrate or be  
released.  
(vi) The risks of fire or explosion, or the potential for exposure to hazardous  
constituents as a result of an accident or failure of a container or handling system.  
(vii) Other situations that may pose threats to human health and the  
environment.  
(2) An owner or operator may determine, based on information that is  
developed after the implementation of the remedy has begun or other information,  
that compliance with the requirements of R 299.4444 is not being achieved through the  
remedy selected. In such cases, the owner or operator  
shall implement other methods or techniques that could practicably achieve  
compliance with the requirements, unless the owner or operator makes the  
determination specified in subrule (3) of this rule.  
(3) If the owner or operator determines that compliance with requirements of R  
299.4444(2) cannot be practically achieved with any currently available methods, then  
the owner or operator shall do all of the following:  
(a) Obtain the certification of a qualified groundwater scientist and the approval of  
the director that compliance with the requirements of R 299.4444(2) cannot be  
practically achieved with any currently available methods.  
(b) Implement alternate measures to control the exposure of humans or the  
environment to residual contamination as necessary to protect human health and the  
environment.  
(c) Implement alternate measures that are in compliance with both of the following  
provisions for controlling the sources of contamination or for removing or  
decontaminating equipment, units, devices, or structures:  
(i) Are technically practicable.  
(ii) Are consistent with the overall objective of the remedy.  
(d) Notify the director within 14 days that a report which justifies the alternative  
measures before implementing the alternative measures has been placed in the  
operating record.  
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(4) All solid wastes that are managed pursuant to a remedy or an interim measure  
required pursuant to the provisions of R 299.4444 shall be managed in a manner that is in  
compliance with both of the following provisions:  
(a) Is protective of human health and the environment.  
(b) Is in compliance with applicable requirements of the act and these rules.  
(5) Remedies that are selected pursuant to R 299.4444 shall be considered  
complete when the owner or operator complies with the groundwater protection  
standards established pursuant to R 299.4441 at all points within the plume  
of contamination and when all actions to complete the remedy have been  
satisfied. For purposes of these rules, compliance with the groundwater protection  
standards established pursuant to R 299.4441 has been achieved by demonstrating that  
concentrations of R 299.4450 to R 299.4452 and appendix II  
constituents have not exceeded the groundwater protection standards for a period  
of 3 consecutive years using the statistical procedures and performance standards  
specified in R 299.4908 or for an alternative length of time which is approved by the  
director and which takes into consideration all of the following factors:  
(a) The extent and concentration of the releases.  
(b) The behavior characteristics of the hazardous constituents in the  
groundwater.  
(c) The accuracy of monitoring or modeling techniques, including any seasonal,  
meteorological, or other environmental variables that may affect the accuracy.  
(d) The characteristics of the groundwater.  
(6) Upon completion of the remedy, the owner and operator shall notify the director  
within 14 days that the remedy has been completed in compliance with the requirements  
of these rules and has been placed in the operating record. The certification shall be  
signed by the owner and operator and by a qualified groundwater scientist and shall  
be approved by the director.  
(7) When, upon completion of the certification, the owner or operator determines  
that the corrective action remedy has been completed in accordance with the  
requirements of this rule, the owner and operator shall be released from the requirements  
for financial assurance for corrective action pursuant to the act and these rules.  
(8) The owner and operator shall be responsible for obtaining permission to enter  
off-site property to complete a remedial action plan.  
History: 1993 AACS; 2005 AACS.  
R 299.4446 Type II landfill engineering plans; closure plans.  
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.  
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(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  
specifications.  
engineering  
plans  
and  
(e) A schedule for completing all activities that are necessary to satisfy the  
final cover requirements of these rules.  
(2) Any modifications to an approved closure plan shall be approved by the  
director.  
(3) A copy of the most recent approved closure plan shall be kept at the facility or  
at an alternate location that is designated by the owner and operator until closure of  
the landfill has been certified in accordance with the provisions of R 299.4921 and the  
owner and operator have been released from the requirements for closure.  
History: 1993 AACS.  
R 299.4447 Type II landfill engineering plans; post-closure plan.  
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.  
(2) The approved post-closure plan shall be placed in the operating record.  
History: 1993 AACS.  
R 299.4448 Type II landfill operation; partial and final closure.  
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.  
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(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.  
(3) Before beginning the partial or final closure of each unit, an owner and  
operator shall notify the director that a notice of the intent to close the unit has been  
placed in the operating record.  
(4) The owner and operator shall begin final closure activities of each unit not  
more than 30 days after the date on which the unit receives the known final receipt of  
wastes or, if the unit has remaining capacity and there is a reasonable likelihood that  
the unit will receive additional wastes, not more than 1 year after the most recent  
receipt of wastes..Extensions beyond the 1-year deadline for beginning final closure  
shall be granted by the director if the owner and operator demonstrate that the unit  
has the capacity to receive additional wastes and the owner or operator has taken  
and will continue to take all steps necessary to prevent threats to human health and  
the environment from the unclosed unit.  
(5) The owner and operator of all type II landfills shall complete final closure  
activities of each unit in accordance with the closure plan within 180 days after the  
beginning of final closure as specified in subrule (4) of this rule. Extensions of the  
closure period shall be granted by the director if the owner and operator  
demonstrate that final closure will, of necessity, take more than 180 days and he or she  
has taken, and will continue to take, all steps to prevent threats to human health  
and the environment from the unclosed unit.  
(6) Not more than 60 days after the partial or final closure of each type II  
landfill disposal unit, the owner and operator of such unit shall submit, to the director  
or his or her designee, certification by a registered professional engineer that  
verifies that closure has been completed in accordance with the approved closure  
plan. The certification shall include that information required by R 299.4921.  
(7) The post-closure period shall begin on the date that the final closure of a  
unit is certified, unless the director has reason to believe that final closure has not been  
in accordance with the act, these rules, or the approved closure plan or that any partial  
closures have not been maintained in accordance with the provisions of R 299.4449.  
The director, or his or her designee, shall, within 60 days of receiving a final closure  
certification, provide the owner or operator with a written statement of the reason or  
reasons for the director's belief that closure has not been in accordance with the act, these  
rules, or the approved closure plan.  
(8) The approved closure certification shall be placed in the operating record.  
History: 1993 AACS.  
R 299.4449 Type II landfill operation; post-closure.  
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,  
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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.  
(2) The owner and operator shall not remove any of the following from the facility  
without the approval of the director or his or her designee:  
(a) Waste or waste residues, except leachate, gas, and gas condensate.  
(b) The liner.  
(c) Contaminated soil.  
(3) After completion of the post-closure care period for each disposal unit, the  
owner and operator shall submit, to the director or his or her designee, certification  
which is signed by an independent registered professional engineer and which  
verifies that post-closure care has been completed in accordance with the act, these rules,  
and the post-closure plan.  
(4) The director, or his or her designee, shall, within 60 days of receiving a post-  
closure certification, provide the owner or operator with a written statement of the reason  
or reasons for the director's belief that post-closure has not been in accordance with the  
act, these rules, or the approved post-closure plan. In such case, the post-closure  
period shall be extended until deficiencies are corrected and a post-closure is  
recertified.  
(5) The approved post-closure certification shall be placed in the operating record.  
History: 1993 AACS.  
R 299.4450 Type II landfill monitoring; primary inorganic indicators.  
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.  
(2) To be considered a primary inorganic indicator, both of the following  
conditions shall be met:  
(a) The concentration of the constituent in leachate shall be high enough to ensure  
detection at the solid waste boundary in the event of a release from the unit.  
(b) An appropriate statistical method that meets the requirements of R 299.4908  
is available to ensure early detection in the event of a release from the unit.  
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(3) An owner and operator may, at their discretion, propose 1 or more constituents  
from R 299.4451 to replace 1 or more indicators listed in subrule (1) of this rule. The  
director shall approve the use of alternate indicators if the owner and operator  
demonstrate that the conditions of subrule (2) of this rule are met and the proposed  
alternates will detect leakage from the unit at least as effectively.  
(4) The constituents listed in this rule shall be analyzed in accordance with  
methods contained in the publication entitled "Standard Methods for the Examination of  
Water and Wastewater, 19th edition," which is adopted by reference in R 299.4139 or  
by other methods approved by the director or his or her designee.  
History: 1993 AACS; 1999 AACS.  
R 299.4451 Type II landfill monitoring; alternate indicators.  
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.  
(2) A person may propose constituents other than those listed in this rule as an  
alternate indicator.  
(3) The constituents listed in this rule shall be analyzed by methods specified in  
the EPA document entitled “Standard Methods for the Examination of Water and  
Wastewater, 19th edition,” which is adopted by reference in R 299.4139, or by other  
methods approved by the director or his or her designee.  
History: 1993 AACS; 1999 AACS; 2005 AACS.  
R 299.4452 Type II landfill monitoring; metals.  
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:  
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(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.  
(3) The metals listed in this rule shall be analyzed by methods that are contained in  
the publication entitled "Standard Methods for the Examination of Water and  
Wastewater, 19th edition," which is adopted by reference in R 299.4139 or by other  
methods approved by the director or his or her designee.  
History: 1993 AACS; 1999 AACS.  
R 299.4453 Type II landfill monitoring; primary volatile organic constituents.  
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.  
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(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.  
(3) All of the following are aromatic volatile organic constituents:  
(a) Benzene.  
(b) Ethyl benzene.  
(c) Styrene.  
(d) Toluene.  
(e) Xylenes.  
(4) The constituents listed in this rule shall be analyzed using methods that are  
contained in the publication entitled “Standard Methods for the Examination of Water  
and Wastewater, 19th edition,” which is adopted by reference in R 299.4139, or by  
other methods approved by the director or his or her designee.  
History: 1993 AACS; 1999 AACS; 2005 AACS.  
R 299.4454 Type II landfill monitoring; secondary organic constituents.  
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.  
(3) The constituents listed in this rule shall be analyzed using methods that  
are contained in the publication entitled "Standard Methods for the Examination of  
Water and Wastewater, 19th edition," which is adopted by reference in R 299.4139 or  
by other methods approved by the director or his or her designee.  
History: 1993 AACS; 1999 AACS.  
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PART 5. SOLID WASTE TRANSFER FACILITIES AND PROCESSING  
PLANTS  
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.  
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.  
(4) Transfer facilities and processing plants that are licensed before the effective  
date of the act are not required to apply for construction permits, except for facility  
expansion.  
History: 1982 AACS; 1993 AACS; 1999 AACS.  
R 299.4502 Existing transfer facilities and processing plants; review.  
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.  
History: 1982 AACS; 1993 AACS.  
R 299.4503 Advisory analysis; purpose.  
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.  
History: 1982 AACS.  
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R 299.4504 Construction permits; requirements before issuance.  
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.  
(2) In addition to the requirements of subrule (1) of this rule, an applicant for a  
processing plant construction permit shall submit all of the following information  
pertaining to engineering plans:  
(a) Drawings and specifications of the site plan, including all of the following:  
(i) Existing and proposed drainage patterns.  
(ii) Utilities.  
(iii) Structures and equipment.  
(iv) Streams.  
(v) Contours.  
(vi) Significant environmental features.  
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(b) The layout of equipment and the flow pattern of wastes through the  
processing system.  
(c) A detailed statement, in paragraph form, of the equipment, facilities, and  
procedures to be used in processing wastes to be handled at the plant, including the  
methods of separation and other processing.  
(d) A description of the final disposition of residues, end products, and by-  
products.  
(e) A description of the methods for maintaining noise and vibration at levels that  
do not create a public nuisance or a health hazard.  
(f) Provision for routine maintenance of the plant and equipment.  
(3) The owner and operator of a solid waste processing plant shall obtain the  
necessary air use permits under part 55 of the act before construction.  
History: 1982 AACS; 1993 AACS; 1999 AACS.  
R 299.4505 Special design and location requirements for transfer facilities and  
processing plants.  
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.  
(4) A solid waste transfer facility or processing plant that is located within 500  
feet of a residence shall be obscured by a fence which is not less than 8 feet high and  
which is 75% screening if the residence is established before a construction permit for  
the facility is issued.  
History: 1982 AACS; 1993 AACS; 1999 AACS.  
R 299.4506 Licensing procedure; construction certification.  
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  
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be submitted by the applicant, together with the license application form, bond, and  
license fee, to the solid waste control agency.  
History: 1982 AACS; 1993 AACS.  
R
299.4507  
Transfer facility operating requirements; access; container  
removal; overnight storage; cleaning of facility; large, heavy, and bulky items;  
salvaging; equipment; containers; routine maintenance; insects and rodents; dust  
and odor; roads; noise and vibration; burning of solid waste prohibited; accidental  
fires.  
Rule 507. (1) Access to a solid waste transfer facility shall be limited to  
a time when a responsible individual is on duty, unless the director waives this  
requirement for cause.  
(2) A notice that states the hours and days designated to receive solid waste shall  
be conspicuously posted at the entrance to the property where the facility is located.  
(3) Containers shall be removed from a facility at least once per week, or more  
frequently if necessary, so as not to cause a nuisance or public health hazard, unless  
a longer period is approved by the director.  
(4) Solid waste shall not be stored overnight at the facility, except in closed  
containers or in approved transporting units.  
(5) The solid waste transfer facility shall be cleaned at least once each week that  
the facility is in use, or more frequently if necessary, so as not to cause a nuisance or  
public health hazard.  
(6) Solid waste shall be confined to the unloading, loading, and handling area.  
(7) The solid waste transfer facility shall be kept clean and free of litter.  
(8) A large, heavy, or bulky item that cannot be handled in the routine operation  
of a transfer facility shall be excluded from the facility, unless special provisions are  
made for handling the item.  
(9) Salvaging may be permitted if salvaged material is removed from the site at  
the end of each business day or is confined to a storage area that is approved by the solid  
waste control agency.  
(10) Equipment which is adequate in size and quantity and which is in an  
operative condition shall be available at all times. If for any reason the facility is  
inoperable for more than 24 hours, an alternative method that is approved by the solid  
waste control agency shall be used to handle solid waste.  
(11) A sufficient number of containers shall be available to preclude the storage in  
the building of excessive solid waste awaiting transfer. The overflow of solid waste  
from containers is not permitted.  
(12) Adequate provision shall be made for  
maintenance of the facility.  
the  
routine  
operational  
(13) Necessary operations of the transfer facility shall be performed in a manner  
that prevents the harborage and production of insects and rodents. Effective  
vector control measures shall be provided by the licensee when necessary.  
(14) Dust and odor that results from the unloading of solid waste and the  
operation of the transfer facility shall be reasonably controlled at all times.  
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(15) The facility shall be easily accessible under all weather conditions, and  
roads shall be maintained to prevent a mud and dust nuisance.  
(16) The operation of the facility shall be carried out in a manner that minimizes  
noise and vibration nuisance to adjoining property.  
(17) Solid waste shall not be burned at the transfer facility.  
(18) Solid waste which is burning or which is at a temperature likely to cause fire  
shall not be accepted in the transfer facility. Highly flammable or explosive  
materials shall not be accepted.  
(19) Upon the request of the solid waste control agency,  
provide evidence of arrangements for adequate fire protection.  
(20) A licensee shall ensure that accidental fires are extinguished.  
a
licensee shall  
History: 1982 AACS; 1993 AACS.  
R 299.4508 Inspection requirements.  
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.  
History: 1982 AACS.  
R 299.4509 Processing plant operating requirements; plant access storage of  
solid waste; vector control; plant supervision; dust and odor; roadways; noise  
and vibration.  
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.  
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(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.  
History: 1993 AACS.  
PART 6. SOLID WASTE TRANSPORTING UNITS  
R 299.4601 Construction; maintenance.  
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.  
History: 1982 AACS.  
R 299.4602 Operation.  
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.  
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(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.  
History: 1982 AACS.  
PART 7. SOLID WASTE MANAGEMENT PLANS  
R 299.4701 Compliance with act and rules.  
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.  
History: 1982 AACS; 2015 AACS.  
R 299.4702  
County solid waste management plan; designation of agency  
responsible for preparation of plan.  
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.  
(2) If a county files a notice of intent and the designated planning agency does not  
follow the work program or comply with the requirements of the act, the director shall  
review the reasons for nonperformance and may request that the municipalities within the  
county prepare a solid waste management plan.  
(3) If the municipalities within a county file a notice of intent and the designated  
planning agency does not follow the work program or comply with the requirements of  
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the act, the director shall review the reasons for nonperformance and may request that a  
regional solid waste management planning agency prepare a solid waste management  
plan.  
(4) If a regional solid waste management planning agency files a notice of intent  
and does not follow the work program or comply with the requirements of the act, the  
director shall review the reasons for nonperformance and may prepare a solid waste  
management plan which shall be final.  
(5) One year after the effective date of these rules, the director may, at his or her  
discretion, assume responsibility for the preparation of a solid waste management plan if  
the governmental unit that filed a notice of intent does not comply with the requirements  
of the act and these rules.  
History: 1982 AACS; 2015 AACS.  
R 299.4703 Planning committees; formation; membership; responsibilities.  
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.  
(3) The planning committee shall do both of the following:  
(a) Assist in the preparation of the plan by providing advice and consultation, which  
includes all of the following:  
(i) Reviewing the designated planning agency's work program.  
(ii) Identifying local policies and priorities.  
(iii) Insuring coordination and public participation.  
(iv) Advising counties or municipalities.  
(v) Reviewing work elements.  
(vi) Approving the plan.  
(b) Assure that the designated planning agency is fulfilling all the requirements of  
the act and these rules as to both the content of the plan and the public participation. The  
committee shall notify the planning agency of any deficiencies. If the deficiencies are  
not worked out to the committee's satisfaction, then it shall inform the director and the  
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governmental unit filing the notice of intent. The director or the governmental unit filing  
the notice of intent shall resolve any deficiencies.  
History: 1982 AACS; 2015 AACS.  
R 299.4704 Work program; preparation and submittal by designated  
planning agency; review by planning committee; copies.  
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.  
History: 1982 AACS.  
R 299.4705 Work program; contents.  
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.  
History: 1982 AACS.  
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R 299.4706 Public participation programs.  
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.  
History: 1982 AACS; 2015 AACS.  
R 299.4707 Plan adoption; update procedures.  
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.  
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(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.  
History: 1982 AACS; 2015 AACS.  
R 299.4708 Formal action.  
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.  
History: 1982 AACS; 2015 AACS.  
R 299.4709 Director's approval.  
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.  
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(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.  
History: 1982 AACS; 2015 AACS.  
R 299.4710 Enforcement.  
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.  
History: 1982 AACS; 2015 AACS.  
R 299.4711 Plan format and content.  
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.  
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(ii) Conclusions.  
(iii) Selected alternatives.  
(b) An introduction as follows:  
(i) The introduction shall establish the goals and objectives for the prevention of  
adverse effects on the public health and the environment resulting from improper solid  
waste collection, transportation, processing, or disposal, including the protection of  
ground and surface water quality, air quality, and land quality.  
(ii) The introduction shall also establish the goals and objectives for the maximum  
utilization of Michigan's solid waste through resource recovery, including source  
reduction and source separation.  
(c) A data base that includes all of the following:  
(i) An inventory and description of all existing facilities where solid waste is being  
transferred, treated, processed, or disposed of, including all of the following:  
(A) Physical location, size, and a delineation of private and public facilities.  
(B) A description of solid waste type, volume, or weight received, and current  
capacity.  
(C) Deficiencies.  
(ii) An evaluation of existing solid waste collection, management, processing,  
treatment, transportation, and disposal problems by type and volume, including  
residential and commercial solid waste, industrial sludges, pretreatment residues,  
municipal sewage sludge, air pollution control residue, and other solid wastes from  
industrial or municipal sources, but excluding hazardous wastes.  
(iii) Demographics of the county, including the following:  
(A) Current and projected population densities and centers for 5- and 10-year  
periods.  
(B) Identification of current and projected centers of solid waste generation,  
including industrial wastes for 5- and 10-year periods.  
(iv) Current and projected land development patterns and environmental conditions  
as related to solid waste management systems for 5- and 10-year periods.  
(d) Solid waste management system alternatives shall address the problems  
identified in subdivision (c)(ii) of this rule and shall include both of the following:  
(i) Solid waste management components, including all of the following:  
(A) Resource conservation including source reduction.  
(B) Resource recovery including source separation, materials, energy, and markets.  
(C) Volume reduction.  
(D) Sanitary landfill.  
(E) Collection.  
(F) Transportation.  
(G) Ultimate disposal area uses, including recreational potential.  
(H) Institutional arrangements.  
(ii) Development of alternative systems which address all the solid waste  
management components. Each alternative system shall evaluate public health,  
economic, environmental, siting, and energy impacts. Capital, operational, and  
maintenance costs shall be developed for each alternative system.  
(e) Plan selection shall be based on all of the following:  
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(i) An evaluation and ranking of proposed alternative systems, including all of the  
following:  
(A) Technical feasibility for 5- and 10-year periods.  
(B) Economic feasibility for 5- and 10-year periods.  
(C) Access to land for 5- and 10-year periods.  
(D) Access to transportation networks to accommodate the development and  
operation of solid waste transporting, processing, and disposal facilities for 5- and 10-  
year periods.  
(E) Effects on energy for 5- and 10-year periods; production possibilities and  
impacts of shortages on solid waste management systems.  
(F) Environmental impacts over 5- and 10-year periods.  
(G) Public acceptability.  
(ii) The selected alternative shall meet all of the following requirements:  
(A) Include the basis for selection, a summary of evaluation, and ranking.  
(B) Include advantages and disadvantages of the selected plan for all of the  
following factors:  
(1) Public health.  
(2) Economics.  
(3) Environmental effects.  
(4) Energy use.  
(5) Siting problems.  
(C) Be capable of being developed and operated in compliance with state laws and  
rules of the department pertaining to the protection of the public health and environment  
considering the available land in the planning area and the technical feasibility of, and  
economic costs associated with, the alternative.  
(D) Include a timetable for implementing the solid waste management plan.  
(E) Be consistent with and utilize population, waste generation, and other planning  
information prepared under the provisions of section 208 of Public Law 92-500,  
33 U.S.C. 1288.  
(iii) Site requirements, including the following requirements:  
(A) The selected alternative shall identify specific sites for solid waste disposal  
areas for the 5-year period subsequent to plan approval or update.  
(B) If specific sites cannot be identified for the remainder of the 10-year period, the  
selected alternative shall include specific criteria that guarantee the siting of necessary  
solid waste disposal areas for the 10-year period subsequent to plan approval.  
(C) A site for a solid waste disposal area that is located in one county, but serves  
another county, shall be identified in both county solid waste management plans.  
(f) Management component. Each solid waste management plan prepared pursuant  
to the act shall contain a management component which identifies management  
responsibilities and institutional arrangements necessary for the implementation of  
technical alternatives. At a minimum, this component shall contain all of the following:  
(i) An identification of the existing structure of persons, municipalities, counties,  
and state and federal agencies responsible for solid waste management, including  
planning, implementation, enforcement, and an assessment of all of the following:  
(A) Technical and administrative capabilities.  
(B) Financial capabilities.  
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(C) Legal capabilities.  
(ii) An identification of gaps and problem areas in the existing management system  
which must be addressed to permit implementation of the plan.  
(iii) A recommended management system for plan implementation, which shall  
consist of all of the following elements:  
(A) An identification of persons, municipalities, counties, and state and federal  
agencies assigned responsibilities under the plan, with a precise delineation of planning,  
implementation, and enforcement responsibilities, including legal, technical, and  
financial capability for all entities assigned responsibilities.  
(B) A process for ensuring the ongoing involvement of and consultation with the  
regional solid waste management planning agency.  
(C) A process for ensuring coordination with other related plans and programs  
within the planning area, including, but not limited to, land use plans, water quality plans,  
and air quality plans.  
(D) An identification of necessary training and educational programs, including  
public education.  
(E) A strategy for plan implementation, including the acceptance of responsibilities  
from all entities assigned a role within the management system.  
(F) A financial program that identifies funding sources for entities assigned  
responsibilities under the plan.  
(g) Documentation of public participation as follows:  
(i) A record of attendance shall be maintained and included in an appendix to the  
plan.  
(ii) Citizen concerns and questions shall be considered and responded to in the  
plan's appendix.  
History: 1982 AACS; 2015 AACS.  
R 299.4712 Municipalities; filing for a separate planning grant.  
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.  
History: 1982 AACS; 2015 AACS.  
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PART 8. GRANTS  
R 299.4801 Certified health department grants; eligibility.  
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.  
History: 1982 AACS.  
R 299.4802 Certified health department grants; performance contracts.  
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.  
History: 1982 AACS.  
R 299.4803 Certified health department grants; recordkeeping; payment  
schedule; unobligated funds.  
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.  
History: 1982 AACS.  
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R 299.4804 Solid waste management planning grants; eligibility.  
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.  
History: 1982 AACS.  
R 299.4805 Solid waste management planning grants; work program.  
Rule 805. (1) For each fiscal year in which funding is available, the director shall  
prepare an official notice of funding availability for each county for solid waste  
management planning. The computation for each county shall be done according  
to the formula established in R 299.4806(1). The official notice shall be sent to each  
county.  
(2) The director shall review each work program prepared pursuant to R  
299.4704 and R 299.4705 and shall accept or reject it for grant consideration. A  
rejected work program shall be returned to the applicant with the reasons for rejection.  
An applicant shall have 1 month from the date of rejection to revise the work  
program and to submit it for reevaluation.  
(3) A work program that is not submitted within the time periods allowed in R  
299.4704 and R 299.4705 or that is rejected after reevaluation as provided by  
subrule (2) of this rule shall cause the designated planning agency to be excluded  
from consideration for a grant award. Funds available for preparation of the county  
plan shall be held for use by the agency designated pursuant to the provisions  
contained in R 299.4702(2) to (5).  
(4) The cost of preparation of the work program is eligible for grant cost sharing  
if the work program is approved and if a grant is made for preparation of the solid  
waste management plan.  
History: 1982 AACS.  
R 299.4806  
Solid waste management planning grants; funding formula;  
funding of municipalities joined together by interlocal agreement; funding of work  
programs; amendments to plans.  
Rule 806. (1) One-half of the appropriated funds for county solid waste planning  
grants in any 1 state fiscal year shall be equally divided among the counties as fixed  
grants. One-half of the appropriated funds shall be proportionally divided among the  
counties as population proportioned grants based upon the most recently adopted  
department of management and budget population totals. Therefore, the total grant  
funding available for solid waste management planning in each county is determined by  
the following formula:  
1
2
1
2
PC  
PT  
A 83 +  
A x  
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where:  
83 county  
PC = Current county population  
PT = Total current state population (equal to the total of the  
populations).  
A = Total appropriated funds.  
(2) Municipalities that are joined together by interlocal agreement as provided by  
section 11547(1) of the act shall be funded from the grant funds available to the counties  
in which they are located in an amount proportional to their population as compared to  
the total current county population.  
(3) Each of the counties affected by inclusion of a municipality in the plan of an  
adjacent county as provided by section 11536(1) of the act shall have its population  
adjusted to account for the gained or lost population for the purpose of calculation of the  
grant.  
(4) A grant offer for preparation of a county solid waste management plan shall not  
be more than 80% of the total cost of the plan which is not covered by federal funds.  
(5) A work program that is submitted to fund the initiation and completion of an  
original solid waste management plan required by the act shall receive funding before  
work programs for updating previously approved plans.  
(6) An amendment to an approved solid waste management plan is not eligible for  
state grant funding.  
(7) A work program that is partially funded may be annually updated to reflect the  
amount of work accomplished, changes in projected project costs for each work element,  
and the cost of completion of the plan, but may not be changed to revise the scope of the  
project. An updated work program is eligible for continued funding from each annual  
appropriation until the full 80% state funding has been granted.  
History: 1982 AACS; 2015 AACS.  
R 299.4807 Solid waste management planning grants; payment; grantee  
portion of total plan cost; recordkeeping; unobligated funds.  
Rule 807. (1) Grant payments shall be made quarterly after the grant offer and  
its terms have been accepted by the grantee. The director may withhold payment if  
the grantee does not uphold the terms of the grant or does not meet the timetable for  
the accomplishment of tasks submitted under R 299.4705(2)(a).  
(2) The grantee portion of the total plan development cost shall be expended  
concurrently with the expenditure of state grant funds. The cost of preparation of the  
work program, if done only with grantee funds, shall be considered an advance  
payment towards the grantee portion of the total plan preparation cost.  
(3) The grantee shall keep records of receipt and expenditure of all funds used in  
the plan preparation. Such records shall clearly show that the grant is utilized solely on  
the plan preparation costs as detailed in the approved work program and that the  
grantee cost contribution is made  
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and utilized on the project.  
(4) Accounting records that are maintained as provided in subrule (3) of this rule  
shall be available for inspection by the director or his or her authorized representative  
during regular business hours.  
(5) Unobligated grant funds shall be made available to other grantees. Such  
redistribution shall be proportioned to maximize the output of plan preparation tasks as  
determined by the director.  
History: 1982 AACS.  
PART 9. LANDFILL CONSTRUCTION PERMITS AND OPERATING  
LICENSES  
R 299.4901 Advisory analysis; purpose.  
Rule 901. The purpose of the advisory analysis before application is made for a  
landfill construction permit under section 11510 of the act is to do all of the following:  
(a) To inform the applicant of other permits that may be required for the proposed  
disposal area, such as air emission and water discharge permits or soil erosion and  
sedimentation control permits.  
(b) To provide information on known conditions that may affect the proposed  
site.  
(c) To discuss the application and submission requirements and procedures.  
(d) To comment on any work plans that are submitted by the applicant to  
complete the hydrogeological study or other work that is required to complete a  
construction permit application.  
History: 1993 AACS; 1999 AACS.  
R 299.4902 Landfill construction permit applications; content.  
Rule 902. (1) A construction permit application for a landfill shall include 3  
copies of all of the following information:  
(a) All of the following general information on a form provided by the director:  
(i) The name and location of the facility.  
(ii) The name and address of the operator, including the name and telephone  
number of a contact person for the operator.  
(iii) The name and address of the property owner and any mineral rights owners,  
including a name and telephone number of a contact person for the property owner.  
(iv) The type of disposal area and application type proposed.  
(v) The type of waste proposed for disposal.  
(vi) The number of acres and design capacity applied for. for horizontal and  
vertical expansions, the application shall also specify existing permitted acreage,  
design capacity, and capacity remaining.  
(vii) The amount of the application fee.  
(viii) The signature of the owner and proposed operator.  
(b) Construction permit application fees specified by the act.  
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(c) An environmental assessment that contains the information specified by R  
299.4903.  
(d) A hydrogeological report that is in compliance with R 299.4904.  
(e) A hydrogeological monitoring plan that is in compliance with R 299.4905.  
(f) Topographic maps that are in compliance with R 299.4909.  
(g) Engineering plans and engineering reports, as specified in R 299.4910.  
(h) The operation plans specified in R 299.4911.  
(i) The construction quality assurance plans specified in R 299.4916.  
(2) To demonstrate consistency with the approved county solid waste  
management plan, an applicant for a construction permit application for a landfill shall  
include either of the following with the application:  
(a) A letter, resolution, or other document from the body designated in the  
approved county solid waste management plan that indicates that the proposed  
disposal area is consistent with the approved county solid waste management plan.  
(b) If the county determines that a disposal area is inconsistent with the approved  
plan, or if the planning agency refuses to provide a document in accordance with  
subdivision (a) of this subrule, documentation of this finding or refusal and a  
statement from the owner or operator that describes why he or she believes that the  
proposed disposal area is consistent with the county plan based on the requirements of the  
plan.  
(3) A construction permit application for any landfill facility that has been  
determined, by the hydrogeological report under R 299.4904 or otherwise, to be a source  
or probable source of groundwater contamination shall include a remedial action plan  
that is in compliance with part 201 of the act and these rules.  
History: 1993 AACS; 1999 AACS.  
R 299.4903 Landfill environmental assessment; contents.  
Rule 903. (1) An environmental assessment for a landfill shall satisfy all of the  
following requirements:  
(a) Document consistency with the county solid waste plan.  
(b) Identify necessary state and federal permits.  
(c) Document compliance with the location standards specified in these rules.  
(d) Demonstrate compliance with the performance standards for surface water,  
groundwater, and air quality specified in these rules.  
(2) An environmental assessment shall contain all of the following  
information:  
(a) A description of the proposed facility, including all of the following:  
(i) The type and size of the disposal area.  
(ii) The public roads to be used to access the facility.  
(iii) The anticipated volume of waste to be received per day.  
(iv) The anticipated counties to be served.  
(v) The anticipated useful life of the facility.  
(b) A description of the existing environment, including all of the following:  
(i) The existing topography, land use, and residences that surround the facility,  
which shall be shown on maps as specified in subrule (3) of this rule.  
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(ii) Existing air quality, including a wind rose from the closest available  
station.  
(iii) The hydrology, including both of the following records from the nearest  
available station:  
(A) The magnitude of the 24-hour, 25-year storm.  
(B) The average annual rainfall.  
(iv) The maximum floodplain elevation of surface waters proximate to the facility.  
(v) A list of any endangered or threatened species whose range lies within the  
property boundaries of the facility.  
(vi) A list of historic or archaeological sites proximate to the property boundary,  
including any listed on the state or natural register of historic places.  
(vii) A list of any known sites of environmental contamination, proximate to the  
facility, including sites that are listed under part 201 of the act.  
(viii) Identification of any significant public resource within or adjacent to the  
proposed facility boundary.  
(ix) Identification of any airports within 10,000 feet of the facility.  
(c) A listing of required governmental permits and licenses that are required for  
the disposal area and interrelationship with other solid waste  
projects.  
(d) A statement of the anticipated environmental impacts of the project. The  
statement shall elaborate on the impact on each component of the environment that  
is included in the description of the existing environment.  
(e) A listing of alternative actions to achieve waste disposal in the county or  
region, including all of the following:  
(i) Alternatives considered.  
(ii) Quantitative and qualitative descriptions of each alternative in terms of both  
positive and negative economic and environmental impacts.  
(iii) The alternative of no action.  
(f) A summary statement on the unavoidable adverse impacts.  
(g) A statement of protective and corrective measures that will be taken to reduce  
and mitigate adverse impacts to acceptable levels.  
(3) In addition to the information specified in subrule (1) of this rule, an  
environmental assessment shall include all of the following graphic displays and  
references:  
(a) Maps that show the location of the proposed action, if applicable, with respect  
to communities or features that are readily identifiable as locations in the state. Maps  
shall be of a reasonable size, preferably 8 by 11 inches, or of a size that can easily be  
incorporated in a standard statement. A map or maps shall be provided that show the  
location of the project within the state, within the region, and within the immediate  
environmental setting of the project.  
(b) Maps, diagrams, or photographs that illustrate the relationship of the disposal  
area to the environmental element or elements being impacted.  
(c) References to the literature or other sources of information from which data  
in the environmental impact statement is taken and upon which conclusions are based.  
History: 1993 AACS; 1999 AACS.  
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R 299.4904 Contents of a hydrogeological report.  
Rule 904. (1) The purpose of a hydrogeological report for a landfill is to do all of  
the following:  
(a) To determine existing groundwater quality, including the areal and vertical  
extent of any groundwater contamination.  
(b) To determine background groundwater quality in the uppermost aquifer.  
(c) To determine the groundwater level and to determine compliance with the  
groundwater isolation requirements of these rules and, if necessary, to define  
engineering modifications to reduce the groundwater level.  
(d) To define a proposed groundwater monitoring program.  
(e) To define all of the following aquifers:  
(i) The uppermost aquifer and aquifers that are hydraulically interconnected  
to the uppermost aquifer beneath the facility property.  
(ii) Any aquifer that is utilized by type I and type IIa public water supplies, as  
defined in R 325.10502, within 1/2 mile of the proposed active work area.  
(iii) Any aquifer that is utilized by type IIb and type III public water supplies, as  
defined in R 325.10502, within 1,000 feet of the proposed active work area.  
(f) To define the areal and vertical extent of the site earth materials under the  
proposed facility.  
(2) Hydrogeological studies shall be prepared by, or under the direction of, a  
qualified groundwater scientist or geologist.  
(3) A determination of hydrogeological conditions shall cover sufficient area to  
allow for a definition of the potential impact of the landfill on groundwater.  
(4) A hydrogeological report for a landfill or other disposal area shall include all  
of the following:  
(a) A determination of the background groundwater quality.  
(b) A map of the site and surrounding area which is drawn to scale and which  
shows all of the following:  
(i) The distance to existing wells and the properties in the surrounding area that  
have potential for groundwater supplies. The map shall identify all soil borings and  
wells at the facility and within 1/2 mile of the site, including all domestic, municipal,  
industrial, oil, and gas wells for which copies of logs are available in the public record.  
(ii) Existing lakes or ponds.  
(iii) Streams, springs, or wetlands.  
(iv) The direction of surface drainage and the direction of groundwater movement  
in the site area.  
(v) The locations of borings, observation wells, and other well data used in the  
report.  
(vi) The topography, including predominant topographic features.  
(vii) The location of any existing open dump, underground storage tank, or other  
known or potential source of groundwater contamination.  
(c) Observation well records or soil borings to locate and identify aquifers  
beneath the facility property. All of the following shall be identified:  
(i) Depth to the groundwater.  
(ii) Aquifer thickness.  
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(iii) Vertical and horizontal groundwater flow directions.  
(iv) Vertical and horizontal flow rates.  
(d) A groundwater elevation map which is based on stabilized water level  
readings, which uses values contoured on an interval of not more than 1 foot, and which  
is referenced to United States geological survey datum. Data shall be included to  
determine both of the following:  
(i) Groundwater flow direction and possible variations in groundwater flow  
direction.  
(ii) Depth to the groundwater.  
(e) Evaluation of site earth materials. The evaluation shall be based on soil boring  
logs and the results of soil sampling from the borings to define soil and groundwater  
conditions at the site, including bedrock characteristics, if bedrock exists, within 50  
feet of the proposed base of the fill. All of the following procedures shall be utilized  
in collecting this data:  
(i)  
Soil samples shall be collected by standard soil sampling  
techniques.Representative uncomposited soil samples shall be tested for by all of the  
following methods, unless other methods are approved by the director:  
(A) The particle size distribution, by both sieve and hydrometer.  
(B) For cohesive soils, the Atterberg limits under ASTM D4318-94, which is  
adopted by reference in R 299.4135.  
(C) The classification under the unified soil classification system, under ASTM  
D2487-93, which is adopted by reference in R 299.4135.  
(D) Undisturbed hydraulic conductivity under the methods approved in R  
299.4920.  
(ii) Boring logs shall include all of the following information:  
(A) Soil and rock descriptions.  
(B) Methods of sampling.  
(C) Sample depth.  
(D) Date of boring.  
(E) Water level measurements at the time of the boring.  
(F) Soil test data.  
(G) Boring locations.  
(iii) All soil borings that are not converted to observation wells shall be carefully  
backfilled with bentonite or cement grout, plugged, and recorded under part 625 of the  
act.  
(iv) All elevations shall be referenced to United States geological survey datum.  
(f) A series of geologic cross-sections or fence diagrams that pass through  
representative borings and illustrate all of the following:  
(i) Existing topography.  
(ii) Soil borings.  
(iii) Soil classification.  
(iv) Stratigraphy.  
(v) Bedrock.  
(vi) Wells.  
(vii) Stabilized water level readings.  
(viii) Proposed site grades.  
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All of the data specified in this subdivision shall be referenced to a site map that  
shows the locations of all wells and borings.  
(g) The nature, extent, and consequence of any mounding that results from the  
diversion of infiltration and surface water runoff, both during the active life of the  
facility and during the postclosure period.  
(h) A description of any proposed engineering modifications intended to modify  
groundwater level.  
(i) A determination of the horizontal and vertical flow system, and diagrams  
that illustrate horizontal and vertical flow directions of groundwater.  
(j) A proposed hydrogeologic monitoring plan that is in compliance with  
R 299.4905.  
(k) A compilation and interpretation of data, maps, and charts based on site  
conditions to support the conclusions and recommendations of the report.  
History: 1993 AACS; 1999 AACS.  
R 299.4905 Landfill hydrogeologic monitoring plan.  
Rule 905. (1) A hydrogeologic monitoring plan for a landfill shall indicate how  
the owner and operator proposes to comply with the applicable groundwater monitoring  
requirements of these rules. The plan shall include monitoring of all of the following  
components:  
(a) A proposed groundwater monitoring well system that is in compliance with  
the provisions of R 299.4906.  
(b) A program for monitoring the leachate and the secondary collection system of  
a landfill, as specified in R 299.4432, if such a system is required by these rules.  
(c) A program for monitoring any surface water that may receive runoff from the  
active work area.  
(2) A hydrogeological monitoring plan shall include all of the following specific  
information:  
(a) The locations to be sampled.  
(b) A list of constituents or parameters to be sampled and the frequency of sampling.  
(c) Identification of the sampling and analysis procedures to be used for each  
constituent or parameter proposed. Sampling and analytical procedures shall be  
designed to ensure monitoring results that provide an accurate representation of  
groundwater quality at the monitoring wells.The proposed monitoring program shall  
include procedures and techniques for all of the following:  
(i) Sample collection.  
(ii) Sample preservation and shipment.  
(iii) Analytical procedures, including the method  
procedure specified.  
detection  
limit  
for the  
(iv) Chain of custody control.  
(v) Laboratory and field quality assurance and quality control procedures.  
(vi) Procedures for preventing cross-contamination in wells during  
installation, purging, and sampling.  
well  
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(d) Statistical procedures for evaluating data that are in compliance with the  
provisions of R 299.4908.  
History: 1993 AACS.  
R 299.4906 Landfill groundwater monitoring; systems.  
Rule 906. (1) A landfill groundwater monitoring system shall be installed and shall  
consist of a sufficient number of wells, installed at appropriate locations and depths, to  
yield groundwater samples from the uppermost aquifer that are in compliance with both  
of the following provisions:  
(a) Represent the quality of background groundwater that has not been affected  
by leakage from a unit. A determination of background groundwater quality may  
include sampling of wells that are not hydraulically upgradient of the waste  
management area where either of the following conditions exist:  
(i) Hydrogeologic conditions do not allow the owner or operator to determine  
that wells are hydraulically upgradient.  
(ii) Sampling at other wells will provide an indication of background  
groundwater quality that is as representative or more representative than that provided  
by the upgradient wells. In cases where the director has approved the sampling of  
wells that are not upgradient to determine background groundwater quality, the owner  
and operator shall maintain 1 or more upgradient wells to verify that the alternate wells  
are as or more representative.  
(b) Represent the quality of groundwater hydraulically downgradient of the solid  
waste boundary and ensure detection of groundwater contamination in the uppermost  
aquifer and other groundwater specified by the director. When physical obstacles  
preclude the installation of groundwater monitoring wells at the solid waste boundary,  
the downgradient monitoring system shall be installed at the closest practicable  
distance hydraulically downgradient from the solid waste boundary to ensure detection of  
groundwater contamination in the uppermost aquifer and other groundwater specified by  
the director.  
(2) The director may approve a multiunit groundwater monitoring system instead  
of separate groundwater monitoring systems for each type II landfill unit when the  
facility has several discrete units, if both of the following conditions are met:  
(a) Groundwater monitoring wells are not more than 150 meters from the solid  
waste boundary of each unit and are located on land that is owned by the owner of the  
unit.  
(b) The multiunit groundwater monitoring system is in compliance with the  
requirements of subrule (1) of this rule and will be as protective of human health and the  
environment as individual monitoring systems for each unit, based on the following  
factors:  
(i) The number, spacing, and orientation of the units.  
(ii) The hydrogeologic setting.  
(iii) The site history.  
(iv) The engineering design of the units.  
(v) The type of waste accepted at the units.  
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(3) Monitoring wells shall be cased in a manner that maintains the integrity of  
the monitoring well bore hole. The casing shall be screened or perforated and packed  
with gravel or sand, where necessary, to enable the collecting of groundwater samples.  
The annular space between the bore hole and well casing above the sampling depth  
shall be sealed to prevent the contamination of samples and the groundwater.  
(4) The owner and operator shall notify the director that documentation of the  
design, installation, development, and decommission of any monitoring wells,  
piezometers, and other measurement, sampling, and analytical devices has been placed  
in the operating record.  
(5) All monitoring wells, piezometers, and other measurement, sampling, and  
analytical devices shall be designed, operated, and maintained so that they perform to  
design specifications throughout the life of the monitoring program.  
(6) All monitoring wells shall be designed to minimize the time that is necessary  
to recharge the well, given the hydraulic conductivity of the aquifer.  
(7) The number, spacing, and depths of monitoring systems shall be in  
compliance with all of the following provisions:  
(a) Be based upon site-specific technical information, including a thorough  
characterization of both of the following:  
(i) The uppermost aquifer, including all of the following information:  
(A) Aquifer thickness.  
(B) Groundwater flow rate.  
(C) Groundwater flow direction, including seasonal and temporal fluctuations  
in groundwater flow.  
(ii) Saturated and unsaturated geologic units and fill materials that overlie the  
uppermost aquifer, materials that comprise the uppermost aquifer,  
and materials that comprise the confining unit defining the lower boundary of the  
uppermost aquifer, including all of the following information:  
(A) Thicknesses.  
(B) Stratigraphy.  
(C) Lithology.  
(D) Hydraulic conductivities.  
(E) Porosities.  
(F) Effective porosities.  
(b) Be certified by a geologist.  
(c) Be approved by the director. Within 14 days of the approval, the owner or  
operator shall notify the director that the certification and approval have been placed  
in the operating record.  
(8) All wells shall be clearly labeled and shall be properly vented, capped, and  
locked when not in use. All wells shall be visible throughout the year.  
(9) The owner or operator shall not undertake well replacement, plugging,  
abandonment, or repair without the approval of the director or his or her designee.  
History: 1993 AACS; 1999 AACS.  
R 299.4907  
Landfill  
groundwater monitoring; sampling and analysis  
requirements.  
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Rule 907. (1) The groundwater-monitoring program for a landfill shall include  
consistent sampling and analysis procedures that are designed to ensure monitoring  
results that provide an accurate representation of groundwater quality at the  
background and downgradient wells that are installed in compliance with R 299.4906.  
The owner or operator shall notify the director that the sampling and analysis program  
documentation has been placed in the operating record and that the program shall  
include procedures and techniques for all of the following:  
(a) Sample collection.  
(b) Sample preservation and shipment.  
(c) Analytical procedures.  
(d) Chain of custody control.  
(e) Quality assurance and quality control.  
(2) The groundwater-monitoring program shall include sampling and  
analytical methods that are appropriate for groundwater sampling and that accurately  
measure hazardous constituents and other monitoring parameters in groundwater  
samples. Groundwater samples for metals shall be field-filtered before laboratory  
analysis, unless filtered samples alone will not accurately measure the concentration of  
metals in the given geologic setting, such as in permeable soils and karst terrains.  
(3) The sampling procedures and frequency shall be protective of human health  
and the environment.  
(4) Analytical methods that are used for groundwater monitoring samples shall be  
those specified in R 299.4450 to R 299.4454 and shall achieve practical quantitation  
limits approved by the director.  
(5) Groundwater elevations shall be measured in each well immediately before  
purging each time groundwater is sampled. The owner or operator shall determine the  
rate and direction of groundwater flow each time groundwater is sampled. Groundwater  
elevations in wells that monitor the same disposal area  
shall be measured within a period of time that is short enough to avoid temporal  
variations in groundwater flow which could preclude an accurate determination of  
groundwater flow rate and direction.  
(6) Groundwater elevations shall be determined by methods that are precise to 1/8  
of an inch or 0.01 feet, as measured from the top of the well casing.The top of the well  
casing shall be related to a permanent reference point using United States geological  
survey datum.  
(7) The owner and operator shall establish background groundwater quality in a  
hydraulically upgradient or background well or wells for each of the monitoring  
parameters or constituents that are required in the particular  
groundwater-monitoring program which applies to the unit, as determined under this  
part. Background groundwater quality may be established at wells that are not located  
hydraulically upgradient from the unit if the well meets the requirements of R  
299.4906(1)(a).  
(8) The number of samples that are collected to establish groundwater  
quality data shall be consistent with the appropriate statistical procedures that are  
determined under R 299.4908. For type II landfills, the sampling procedures shall be  
those specified in R 299.4440 for detection monitoring, R 299.4441 for assessment  
monitoring, and R 299.4444 for remedial action.  
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(9) All samples that are obtained shall be representative of the site's groundwater  
quality. To ensure a representative sample, before a sample for collection and analysis is  
obtained, each well shall be purged until dry or until not less than 3 times the amount of  
water in the well casing has been removed. Groundwater monitoring wells shall be  
sampled immediately after purging where recovery rates allow. Where detection  
monitoring wells are pumped dry during purging, samples shall be taken within 24  
hours.  
(10) If nondedicated pumps or mobile sampling equipment is used, the owner or  
operator shall use the following procedures to minimize the potential for the cross-  
contamination of samples:  
(a) All groundwater-monitoring wells shall be sampled from upgradient to  
downgradient, except that monitoring wells that are located in areas of known  
groundwater contamination shall be sampled in order, from the least contaminated  
well to the most contaminated well.  
(b) Each piece of equipment shall be thoroughly cleaned and rinsed with distilled  
water before use in each monitoring or detection well.  
(c) Other procedures that are approved by the department.  
(11) The owner and operator of a landfill shall submit all monitoring results to  
the director or his or her designee not later than 30 days after the end of the calendar  
quarter. The data must be submitted in a form and format specified by the department.  
(12) The owner and operator of a landfill shall sample and analyze  
groundwater in accordance with the publication entitled “Test Methods for Evaluating  
Solid Waste, Physical-Chemical Methods,” EPA publication SW-846, 3rd edition,  
which is adopted by reference in R 299.4133, the publication entitled “Standard  
Methods for the Examination of Water and Wastewater, 19th edition,” which is adopted  
by reference in R 299.4139, or by other methods approved by the director or his or her  
designee.  
History: 1993 AACS; 1999 AACS; 2005 AACS.  
R 299.4908 Landfill groundwater monitoring; statistical procedures.  
Rule 908. (1) The owner and operator of a landfill shall evaluate groundwater-  
monitoring data for each hazardous constituent, except pH and conductivity, using 1 of  
the following statistical tests:  
(a) A parametric analysis of variance (ANOVA) followed by multiple  
comparisons procedures to identify statistically significant evidence of contamination.  
The method shall include estimation and testing of the contrasts between each  
compliance well's mean and the background mean levels for each constituent.  
(b) An analysis of variance (ANOVA) based on ranks followed by multiple  
comparisons procedures to identify statistically significant evidence of contamination.  
The method shall include estimation and testing of the contrasts between each  
compliance well's median and the background median levels for each constituent.  
(c) A tolerance or prediction interval procedure in which an interval for each  
constituent is established from the distribution of the background data and the level of  
each constituent in each compliance well is compared to the upper tolerance or  
prediction limit.  
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(d) A control chart approach that gives control limits for each constituent.  
(e) Another statistical test method that is in compliance with the performance  
standards of subrule (2) of this rule. The owner or operator shall place a justification  
for this alternative in the operating record and notify the director of the use of this  
alternative test. The justification shall demonstrate that the alternative method is in  
compliance with the performance standards of subrule (2) of this rule.  
(2) Any statistical method chosen under subrule (1) of this rule shall be  
in compliance with all of the following performance standards:  
(a) The statistical method used to evaluate groundwater-monitoring data shall be  
appropriate for the distribution of chemical parameters or hazardous constituents. If the  
distribution of the chemical parameters or hazardous constituents is shown by the  
owner or operator to be inappropriate for a normal theory test, then the data shall be  
transformed or a distribution-free theory test shall be used. If the distributions for the  
constituents differ, more than 1 statistical method may be needed.  
(b) If an individual well comparison procedure is used to compare an individual  
compliance well constituent  
concentration  
with  
background constituent  
concentrations or a groundwater protection standard, the test shall be done at a type I  
error level of not less than 0.01 for each testing period. If a multiple comparisons  
procedure is used, the type I experiment wise error rate for each testing period shall be  
not less than 0.05; however, the type I error of not less than 0.01 for individual well  
comparisons shall  
be maintained. This performance standard does not apply to tolerance intervals,  
prediction intervals, or control charts.  
(c) If a control chart approach is used to evaluate groundwater-monitoring data, the  
specific type of control chart and its associated parameter values shall be protective of  
human health and the environment. The parameters shall be determined after  
considering the number of samples in the background database, the data distribution, and  
the range of the concentration values for each constituent of concern.  
(d) If a tolerance interval or a predictional interval is used to evaluate groundwater  
monitoring data, then the levels of confidence and, for tolerance intervals, the percentage  
of the population that the interval must contain shall be protective of human health and  
the environment. These parameters shall be determined after considering the number of  
samples in the background database, the data distribution, and the range of the  
concentration values for each constituent of concern.  
(e) The statistical method shall account for data below the limit of detection  
with 1 or more statistical procedures that are protective of human health and the  
environment. Any practical quantitation limit (PQL) that is used in the statistical  
method shall be the lowest concentration level that can be reliably achieved within  
specified limits of precision and accuracy during routine laboratory operating  
conditions that are available to the facility.  
(f) If necessary, the statistical method shall include procedures to control or  
correct for seasonal and spatial variability as well as temporal correlation in the data.  
(3) The statistical test chosen shall be specified in the operating record and shall be  
conducted separately for each hazardous constituent at each well.  
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(4) The owner or operator shall determine whether or not there is a statistically  
significant increase over background values for each parameter or constituent required in  
the particular groundwater-monitoring program that applies to the unit.  
(5) In determining whether a statistically significant increase has occurred, the  
owner or operator shall compare the groundwater quality of each parameter or constituent  
at each monitoring well that is designated under R 299.4906 to the background value  
of that constituent, according to the statistical procedures and performance standards  
specified in this rule.  
(6) The owner or operator shall complete the statistical analysis at each monitoring  
well and submit the results within 30 days of the end of the calendar quarter in which  
sampling and analysis was conducted.  
(7) Nothing in this rule prohibits the department from evaluating monitoring  
data using statistical procedures it deems appropriate at a given location.  
(8) Verification sampling for any exceedance of the statistical limit must  
be completed within 90 days of the original sampling date.  
History: 1993 AACS; 1999 AACS; 2005 AACS.  
R 299.4909 Landfill engineering plans; topographic maps.  
Rule 909. (1) Engineering plans for a landfill shall include topographic maps that  
are referenced to United States geological survey datum at a scale of not more than 200  
feet to the inch with contour intervals that clearly show the character of the land and  
land use within 1,500 feet of the solid waste disposal unit or units.  
(2) Topographic maps that are required by this rule shall include all of the  
following:  
(a) A legal description of the property included in the application.  
(b) Proposed solid waste disposal units.  
(c) Structures on the site.  
(d) Existing and known proposed utilities.  
(e) Borrow areas.  
(f) Surface waters, wetlands, or floodplains.  
(g) Special drainage devices, if necessary.  
(h) On-site roads.  
(i) Public access roads.  
(j) Fencing and other means of controlling access, such as gates and natural  
barriers.  
(k) The location of all residences.  
History: 1993 AACS; 1999 AACS.  
R 299.4910 Landfill engineering plans; design plans and engineering reports.  
Rule 910. (1) Engineering plans for a landfill shall include detailed engineering  
plans of the proposed design and an engineering report that details all of the following  
for each disposal unit:  
(a) Soils underlying each liner system, as specified in subrule (2) of this rule.  
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(b) Compacted soil liners or natural soil that is used in place of a compacted  
liner, as specified in subrule (3) of this rule.  
(c) Bentonite geocomposite or flexible membrane liners, as specified in subrule  
(4) of this rule.  
(d) Primary leachate collection and removal systems, as specified in subrule (5)  
of this rule.  
(e) Secondary leachate collection systems, as specified in subrule (6) of this rule.  
(f) Dewatering systems, as specified in subrule (7) of this rule.  
(g) Other control systems, as specified in subrule (8) of this rule.  
(h) The final cover, as specified in a closure plan that is in compliance with R  
299.4446.  
(i) Postclosure maintenance and monitoring, as specified in a plan that is in  
compliance with R 299.4447.  
(2) An engineering report on the characteristics of soils underlying any liner shall  
include all of the following information:  
(a) A settlement analysis that estimates total and differential settlement,  
including immediate settlement, primary consolidation, and secondary consolidation  
based on maximum loading.  
(b) A slope stability analysis.  
(c) A performance analysis under varying groundwater conditions.  
(d) Calculations that show the potential for bottom heave or blowout.  
(3) An engineering report on the soils that are likely to be used for any compacted  
or natural soil liner shall include all of the following information:  
(a) The location and thickness of soils to be used for the compacted or natural soil  
liner.  
(b) Copies of well or boring logs that document the soil deposit.  
(c) Data documenting that the soil source is in compliance with the soil  
classifications specified in R 299.4913.  
(d) For compacted soil liners, calculations which show that the volume of the  
source is sufficient for liner construction.  
(4) An engineering report on any bentonite geocomposite or flexible membrane  
liner to be used shall include all of the following information:  
(a) The methods of storage, handling, and installation, including any written  
instructions from the manufacturer, and procedures for complying with the quality  
control requirements of R 299.4914 and R 299.4915.  
(b) The physical specifications of the liner material.  
(c) The ability of liner material and scrim material, where applicable, to maintain  
physical properties under varying conditions of temperature, pH, ultraviolet radiation,  
biological attack, and prolonged leachate contact throughout the operating and  
postclosure life of the landfill.  
(5) The engineering plans for a landfill shall contain an engineering report on the  
design of the leachate collection and removal system. The report shall include all of  
the following information:  
(a) Specifications for the material to be used for the leachate collection system.  
(b) The design of the collection pipe, including all of the following information:  
(i) Diameter.  
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(ii) Perforations.  
(iii) Slope.  
(iv) Spacing.  
(v) Leachate compatibility.  
(vi) Structural integrity under static and dynamic loadings.  
(c) Design features that allow cleaning of drainage pipes within the system.  
(d) Procedures to prevent clogging during construction and operation.  
(e) Calculations to show that the leachate head will be 1 foot or less above the  
liner at any point in the system, except the sump.  
(f) Provisions to remove obstructions from the system.  
(g) Calculations to determine the anticipated volume of leachate to be generated.  
(h) Information on the proposed method of disposal for the leachate collected.  
(6) An engineering report on a secondary collection or leak detection system  
shall include the information specified in both of the following provisions:  
(a) The information required under subrule (5) of this rule.  
(b) The method of detecting, removing, and analyzing any leaks that are detected  
in the system.  
(7) The engineering plans for a landfill shall contain an engineering report for  
any dewatering systems to be used. The report shall include all of the following  
information:  
(a) Design calculations for the drain pipe diameter, slope, and spacing.  
(b) Design features that allow cleaning.  
(c) Procedures to prevent clogging during construction and operation.  
(d) An evaluation of the structural suitability of underdrain pipe under both static  
and dynamic loadings.  
(8) The engineering plans shall contain information on systems to control all of the  
following:  
(a) Run-on.  
(b) Runoff.  
(c) Wind dispersal of particulate matter, where applicable.  
(d) Gas that is generated within the landfill.  
(9) Engineering plans for a landfill shall be prepared and sealed by a professional  
engineer registered in the State of Michigan.  
History: 1993 AACS; 1999 AACS.  
R 299.4911 Landfill engineering plans; operation plans and engineering reports.  
Rule 911. (1) Engineering plans for a landfill shall include all of the following  
plans that describe how the facility is to be operated:  
(a) A proposed fill progression plan that estimates, for information purposes, fill  
progression over the active life of the landfill, including the final slopes and elevations  
of the landfill. The plan shall include the location and description of the permanent  
survey benchmark to be used for elevation control. An owner or operator who  
wishes to modify a fill progression plan during the operating life of the landfill shall  
submit the alternate plan to the department for a consistency review with these rules,  
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such as to ensure that the approved hydrogeologic monitoring plan provides for  
monitoring the areas intended for construction.  
(b) A landscape plan to identify and locate existing vegetation to be retained and  
proposed vegetation to be used for cover, screening, and other purposes.  
(c) Engineering plans that detail leachate collection and removal facilities. If  
applicable, these plans shall also show any systems to be used for leachate  
recirculation.  
(d) An engineering plan that shows gas management systems, if applicable.  
(2) Engineering plans for a landfill shall include engineering reports that describe  
all of the following:  
(a) All equipment to be used at the landfill for construction and operation.  
(b) The landfill's personnel requirements, including the duties, training, and  
authority of the responsible individual who is to direct landfill operations.  
(c) Access controls to be used, including all of the following:  
(i) Signs.  
(ii) Hours of operation.  
(iii) Usage rules.  
(iv) Natural and artificial barriers.  
(v) Traffic control. The description shall include a description of any convenience  
station at the  
landfill for smaller vehicles to unload refuse at an area other than the working  
face.  
(d) The methods to be used to control dust and blowing papers from the active fill  
area.  
(e) The methods for the disposal of large or bulky items.  
(f) The on-site road design and method of controlling fugitive dust.  
(g) The methods to control salvaging, if allowed.  
(h) The storage locations of, and the design for, white goods and other recyclable  
materials.  
(i) The procedures for separating recyclable materials from general refuse, if  
applicable.  
(j) The type of daily cover to be used and the source, quantity, and method of  
placement of the cover.  
(k) The process for receiving and unloading solid waste. This description shall  
include procedures for inspecting loads for hazardous waste.  
(l) The procedures for the receipt and disposal of asbestos waste.  
History: 1993 AACS; 1999 AACS.  
R 299.4912 Landfill construction; natural soil barrier verification.  
Rule 912. (1) A natural soil barrier at a landfill that is used to comply with these  
rules shall be verified in accordance with this rule. Information collected under this rule  
shall be submitted to the solid waste  
control agency with either the hydrogeological report or, for existing disposal  
areas, the construction certification that is submitted under R 299.4921.  
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(2) An owner or operator shall verify that any natural soil barrier extends to the  
surface. Natural soil sites where the soil barrier does not extend to the surface shall  
include compacted side cutoff walls or an equivalent barrier to impede the lateral  
infiltration of water into the fill and to impede lateral flow of leachate out of the fill  
interior. The wall or other barrier shall be equivalent in width and permeability as  
that of the soil barrier required by these rules. Hydraulic head buildup outside the  
wall shall be limited to the extent necessary to prevent unstable conditions within the wall  
or liner. The hydraulic head shall be controlled by gravity or, as an alternative, the  
hydraulic head of groundwater that does not constitute an aquifer may be limited by  
pumping if the system is part of a sewerage system permitted by the director, or his or  
her designee, under part 41 of the act.  
(3) To use a natural soil barrier, the owner and operator shall demonstrate  
that the natural soil barrier does both of the following:  
(a) Is in compliance with the thickness and hydraulic conductivity  
requirements of these rules. To demonstrate this, the owner and operator shall obtain  
soil borings on the grid spacing specified in subrule (4) of this rule and determine all of  
the following at various depths:  
(i) The particle size distribution, by sieve and hydrometer.  
(ii) The Atterberg limits, according to ASTM D4318-95a, which is adopted by  
reference in R 299.4135.  
(iii) The classification pursuant to the unified soil classification system, ASTM  
D2487-93, which is adopted by reference in R 299.4135.  
(iv) The hydraulic conductivity of an undisturbed sample by a method specified  
in R 299.4920.  
(b) Provides an adequate subbase for the overlying leachate collection and removal  
systems by evaluating the subgrade conditions for stability and correcting unstable  
areas.  
(4) An owner and operator shall obtain soil borings on a grid spacing approved  
by the director based on either of the following:  
(a) The homogeneity of soils at the site, as determined by a hydrogeologic report.  
(b) Geophysical methods that are proposed under subrule (5) of this rule.  
(5) An applicant may utilize geophysical methods to replace or supplement borings  
specified in subrule (4) of this rule if a plan for such a survey is approved by the director  
or his or her designee.  
History: 1993 AACS; 1999 AACS.  
R 299.4913 Landfill construction; compacted soil liners and final covers.  
Rule 913. (1) A compacted soil liner shall be constructed to have a saturated,  
vertically oriented hydraulic conductivity of not more than 1.0 x 10-7 centimeters per  
second after compaction.  
(2) To meet the hydraulic conductivity standard specified in subrule (1) of this  
rule, the owner and operator shall assure that the soil source is in compliance with both  
of the following requirements:  
(a) Has a classification of SC, CH, CL, CL/ML or ML as determined by the  
unified soil classification system, ASTM standard D2487-93, unless another  
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classification has been approved as part of a modified soil approved by the director  
under subrule (3) of this rule.  
(b) Has a laboratory hydraulic conductivity that is equal to or less than 1.0 x 10-7  
centimeters per second within the density and moisture content range specified for  
construction as determined by a laboratory study of the relationship between moisture,  
density, and the hydraulic conductivity of the soil.  
(3) The owner and operator of a landfill may use a soil type other than that  
specified in subrule (2)(a) of this rule if the soil type is used as a component in a  
modified soil that is prepared in accordance with a plan approved by the director. The  
director shall approve a plan for a modified soil if the applicant demonstrates, by  
laboratory methods or a test pad, all of the following:  
(a) The modified soil can be compacted to achieve the hydraulic conductivity  
specified in subrule (2)(b) of this rule.  
(b) Engineering properties of the modified soil are equivalent to those soil types  
approved in subrule (2) of this rule.  
(c) The modified soil will be mixed in a manner that assures consistent properties.  
(4) The owner and operator of a landfill shall construct a compacted soil liner and  
final cover in a manner that satisfies all of the following requirements for each lift  
being compacted:  
(a) The lift thickness is generally not more than 6 inches after compaction.  
(b) Each lift is thoroughly and uniformly compacted to that density, and at that  
moisture content, determined necessary to achieve the required hydraulic  
conductivity. However, soil shall not be compacted at moisture contents that are less  
than optimum and shall not be compacted to less than 1 of the following:  
(i) 90% of the maximum dry density, as determined by the modified proctor test,  
ASTM D1557-91.  
(ii) 95% of the maximum dry density, as determined by the standard proctor test,  
ASTM D698-91.  
(c) Each lift is integrated into the previous lift by techniques such as scarifying  
each lift and by using compaction equipment that is capable of penetrating the  
thickness of each compacted lift, except that such a compactor shall not be used in  
the first 2 lifts immediately above the synthetic liner, secondary collection system, or  
other sensitive liner system component.  
(d) The liner is constructed so that the bottom liner and sidewall liner or dike will  
be continuous and completely keyed together at all construction joints.  
(5) The owner and operator of a landfill shall protect a compacted soil liner and  
final cover from detrimental climatic effects during construction by doing all of the  
following to the extent necessary to maintain compliance with these rules:  
(a) Removing all ice and snow during winter construction before placing a lift and  
not using frozen soil in any part of a liner.  
(b) Before the liner is covered by a flexible membrane liner or leachate collection  
system, recompacting any soil lift that has had its integrity adversely affected by  
weather.  
(c) Ensuring that soil liners and final covers are not subject to significant  
desiccation cracking by doing 1 of the following:  
(i) Sprinkling the liner with water, as necessary.  
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(ii) Covering or tarping the soil.  
(iii) Taking other preventative measures.  
(d) If significant desiccation has occurred, by removing or repairing any soil that  
has experienced desiccation cracking, as necessary, before compacting the next lift or  
installing the next liner system component.  
(6) The owner or operator of a landfill may modify the construction  
requirements of this rule if he or she demonstrates, to the director or his or her designee,  
using either of the following methods, that alternate construction techniques will  
achieve the desired liner permeability:  
(a) A laboratory method that is approved by the director.  
(b) A test pad that is in compliance with subrule (7) of this rule.  
(7) A test pad demonstration shall be in compliance with all of the following  
provisions:  
(a) Replicate the proposed liner by having all of the following dimensions:  
(i) A width that is not less than twice that of the proposed roller.  
(ii) A length that is not less than twice the width.  
(iii) A thickness that is not less than 2 feet.  
(b) Use the same materials and construction practices as those proposed for the  
landfill liner.  
(c) Determine the hydraulic conductivity of the test pad using insitu,  
nondestructive testing.  
(8) The owner or operator may propose alternate specifications for hydraulic  
conductivity and compaction in the sidewalls of the top composite liner of a landfill  
unit that has 2 composite liners and a secondary collection system. The director  
shall approve alternate specifications if the specifications are sufficient to maintain  
allowable flow rates in the secondary collection system.  
(9) ASTM test methods D2487-93, D1557-91, and D698-91 are adopted by  
reference in R 299.4135.  
History: 1993 AACS; 1999 AACS.  
R 299.4914 Landfill construction; bentonite geocomposite liners.  
Rule 914. (1) A bentonite geocomposite liner may be used in place of  
a
compacted clay liner if the combination of its thickness and hydraulic conductivity  
results in liquid migration through the liner that does not exceed the rate of liquid  
migration through 2 feet of clay that has a saturated vertical hydraulic conductivity  
equal to 1.0 x 10-7 centimeters per second.  
(2) A bentonite geocomposite liner shall consist of sodium bentonite that is  
contained on each side by a fabric, geotextile, or flexible membrane liner.  
(3) A bentonite geocomposite liner shall be seamed in accordance with the  
manufacturer's specifications so as to prevent leakage at the seams.  
(4) A bentonite geocomposite liner shall not be laid during precipitation events  
and shall be covered immediately by a flexible membrane liner or other protective  
cover.  
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(5) A bentonite geocomposite liner shall be installed in accordance with the  
manufacturer's specifications and quality assurance quality control plans that are  
approved by the director.  
History: 1993 AACS.  
R 299.4915 Landfill construction; flexible membrane liners.  
Rule 915. (1) A flexible membrane liner that is required by these rules shall be in  
compliance with all of the following requirements:  
(a) Be of sufficient tensile strength to withstand anticipated stresses without  
failure.  
(b) Be chemically resistant to anticipated wastes and waste leachate based on EPA  
method 9090. EPA method 9090 is part of the publication entitled "Test Methods for  
the Evaluation of Solid Waste," EPA publication SW-846, 3rd edition, which is adopted  
by reference in R 299.4133.  
(c) Be sufficiently durable so that the properties of the liner are not significantly  
impaired by any of the following during the active life of the landfill and the postclosure  
period:  
(i) Exposure to sunlight, precipitation, or anticipated temperature variations.  
(ii) Abrasion, shocks, or other mechanical actions.  
(iii) Irreversible shrinkage of the liner.  
(d) Be of sufficient elasticity to withstand anticipated deformations.  
(e) Have a friction angle that is capable of supporting overburden material  
without slippage on sideslopes, given the angle and length of such slopes.  
(f) Be capable of being seamed so that the seam meets the manufacturer’s  
specifications or other specifications approved by the director.  
(2) A landfill shall be designed to avoid penetration of any flexible membrane  
liner by pipes, sumps, or supports. Where penetrations are proposed, the owner and  
operator shall demonstrate that subgrade settlement will not cause a liner to fail.  
(3) The owner and operator of a landfill shall develop specifications for the design  
and installation of a flexible membrane liner that are sufficient to meet the requirements  
of these rules. If applicable to a proposed liner material, the specifications shall  
meet or exceed the following specifications:  
(a) The national sanitation foundation document NSF 54-1993. NSF 54- 1993 is  
adopted by reference in R 299.4137.  
(b) For PVC, the PVC geomembrane institute specification PGI 1197. PGI 1197  
is adopted by reference in R 299.4137.  
(c) Other specifications approved by the director.  
(4) The foundation for a flexible membrane liner shall be prepared by doing all  
of the following:  
(a) By compacting the soil surface to the extent necessary to provide a stable base  
or else determining that the soils are naturally consolidated to provide a stable base  
without compaction.  
(b) Grading the foundation to a smooth and true line and grade and not deviating  
more than 0.2 feet from that shown on approved plans.  
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(c) Removing stones, organic material, roots, or other material that may puncture  
the liner.  
(5) Before installation, flexible membrane liner material shall be stored in a secure  
area and protected from adverse weather.  
(6) Flexible membrane liner shall be deployed to minimize handling.Stress  
conditions shall be prevented by allowing slack for shrinkage.  
(7) The owner and operator of a landfill shall assure that field seams of a flexible  
membrane liner are made in a manner that ensures all of the following:  
(a) That field seams on side slopes are generally installed parallel to the line of  
maximum slope, when possible.  
(b) That the seam area is properly prepared for seaming and is free of moisture,  
dust, dirt, debris, and foreign material of any kind before seaming.  
(c) That field seaming is not done in adverse weather conditions that could  
impair the quality of the liner, unless protective structures or other methods are used to  
maintain seam integrity during construction.  
(8) The owner and operator of a landfill shall assure that a flexible membrane  
liner is otherwise installed to assure all of the following:  
(a) That any imperfections that are found in a liner or seam are repaired.  
(b) That the anchor trench for the liner is excavated to the depth and width shown  
on approved plans and that the liner is sufficiently anchored within the trench.  
(c) That the liner is covered with soil or other material specified in approved  
plans within 30 days after placement in a manner that protects the liner from  
degradation, unless the owner and operator demonstrate that the liner material is not  
subject to degradation by ultraviolet light or other weather conditions.  
History: 1993 AACS; 1999 AACS.  
R 299.4916 Landfill construction; construction quality assurance program and  
construction certifications.  
Rule 916. (1) A construction quality assurance (CQA) program is required for all  
new landfill units and lateral extensions of existing units and for the final cover of  
existing units. The program shall verify that the constructed unit is in compliance  
with all design criteria and specifications in the construction permit or approved plans.  
The program shall be developed and implemented under the direction of a CQA officer  
who is a registered professional engineer.  
(2) The CQA program shall address all the following physical components, where  
applicable:  
(a) Foundations.  
(b) Dikes.  
(c) Low-permeability soil liners.  
(d) Flexible membrane liners.  
(e) Leachate collection and removal systems and secondary collection systems.  
(f) Final cover systems.  
(3) Before construction begins on a unit that is subject to the CQA program  
under subrule (1) of this rule, the owner or operator shall develop a written CQA plan.  
The plan shall identify steps that will be used to monitor and document the quality of  
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materials and the condition and manner of their installation. The CQA plan shall  
include all of the following:  
(a) Identification of applicable units and a description of how they will be  
constructed.  
(b) Identification of key personnel in the development and implementation of the  
CQA plan and CQA officer qualifications.  
(c) A description of inspection and sampling activities for all unit components  
that are identified in subrule (2) of this rule, including the observations and tests that  
will be used before, during, and after construction to ensure that the construction  
materials and the installed unit components are in compliance with the design  
specifications. The description shall cover all of the following:  
(i) Sampling size and locations.  
(ii) Frequency of testing data evaluation procedures.  
(iii) Acceptance and rejection.  
(iv) Criteria for construction materials.  
(v) Plans for implementing corrective measures.  
(4) The CQA program shall include observations, inspections, tests, and  
measurements that are sufficient to ensure all of the following:  
(a) The structural stability and integrity of all components of the unit that are  
identified in subrule (2) of this rule.  
(b) Proper construction of all components of the liners, leachate collection and  
removal system, leak detection system, and final cover system according to permit  
specifications and good engineering practices and proper installation of all components  
according to design specifications.  
(c) Conformity of all materials used with design and other material  
specifications under this part.  
History: 1993 AACS; 1999 AACS.  
R 299.4917 Landfill construction; compacted soil liner and final cover  
construction records.  
Rule 917. (1) A registered professional engineer or other qualified individual  
shall document the proper construction of all compacted soil liners and final covers in  
accordance with this rule. Construction records for compacted soil liners and final  
cover shall include information on all of the following:  
(a) The excavation and subgrade, as specified in subrule (2) of this rule.  
(b) Each borrow source for liner material or final cover, as specified in subrule (3)  
of this rule.  
(c) Liner compaction, as specified in subrule (4) of this rule.  
(d) The hydraulic conductivity of the constructed liner, as specified in subrule (5)  
of this rule.  
(e) Measurements of the final liner slope and thickness.  
(f) Test pad data, if any.  
(2) The following information on the subgrade shall be documented for any  
compacted soil liner:  
(a) Measurements of the slope and the depth of excavation.  
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(b) Measurements and observations to ensure that the subgrade surface meets  
specification.  
(3) All of the following information shall be documented for each borrow source:  
(a) The location.  
(b) A description of the soil.  
(c) The relationship between hydraulic conductivity, moisture, and density, as  
established with laboratory test data as part of an initial design report on the borrow  
source. The relationship shall be established using either the modified proctor test,  
ASTM D1557-91, or the standard proctor test, ASTM D698-91.The relationship shall  
be redetermined if the nature of the source changes so that the required hydraulic  
conductivity will not be achieved.  
(d) Verification that the borrow source is in compliance with the requirements  
of these rules by testing both of the following every 5,000 cubic yards or when the soil  
texture changes:  
(i) The unified soil classification, ASTM standard D2487-93.  
(ii) The moisture-density relationship, by modified proctor, ASTM standard D1557-  
91, or standard proctor, ASTM standard D698-91, depending on the test used in  
subdivision (c) of this subrule.  
(e) Observation of roots, rocks, rubbish, or off-specification soil that is removed  
from the source material.  
(f) The volume of soil that is placed and compacted from each source.  
(4) All of the following information shall be documented with respect to soil  
compaction:  
(a) The type and weight of compaction equipment.  
(b) The method of surface preparation.  
(c) The method of adjusting soil moisture, if any.  
(d) The method of controlling desiccation, if any.  
(e) The thickness of each lift, after compaction.  
(f) General observations of the number of passes and uniformity of compaction  
coverage.  
(g) Observation of the reduction in clod size.  
(h) Documentation of liner repair, including the removal and replacement of  
frozen or desiccated soil.  
(5) All of the following in-place tests shall be obtained for each lift of soil after  
compaction, with the location of soil samples taken on a grid that is rotated with each lift  
to maximize coverage, and shall be documented with the construction records:  
(a) Soil density and moisture content, by nuclear methods, ASTM standard  
D2922-96, or other methods approved by the director, with 1 test per acre and a  
minimum of 3 tests per day of construction or lift of soil.  
(b) The undisturbed hydraulic conductivity of the soil liner, with 1 test for every  
10,000 cubic yards placed, using a method specified in R 299.4920.Each landfill unit or  
portion thereof that is constructed at a given time shall have a minimum of 3 tests.  
(6) The director shall decrease the frequency of testing that is required by this rule  
upon a demonstration by the owner or operator that the quality and consistency of the  
borrow source and construction techniques will  
specifications of these rules.  
assure compliance with the  
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(7) ASTM procedures D422-63(90), D1557-91, D2922-96, and D2487-93 are  
adopted by reference in R 299.4135.  
History: 1993 AACS; 1999 AACS.  
R 299.4918 Landfill construction; flexible membrane liner construction  
records.  
Rule 918. (1) A registered professional engineer or other qualified individual  
shall assure that the proper construction of all flexible membrane liners is documented in  
accordance with this rule. Construction records for flexible membrane liners shall  
include all of the following information:  
(a) Information on liner panels that are shipped to the site, as specified in subrule  
(2) of this rule.  
(b) Tests on raw materials that are used to manufacture the liner panels, as  
specified in subrule (3) of this rule.  
(c) Tests on factory-fabricated panels and seams, as specified in subrule  
(4) of this rule.  
(d) Documentation on the subgrade for the liner, as specified in subrule  
(5) of this rule.  
(e) Documentation on field installation, as specified in subrule (6) of this rule.  
(f) Tests on field seams, as specified in subrule (7) of this rule.  
(g) Diagrams that show the location of all destructive tests, deviations from  
specification, and repairs made.  
(2) All of the following information shall be recorded for all liner material that  
is shipped to the site:  
(a) The name of the manufacturer and fabricator.  
(b) The name and type of liner.  
(c) The thickness of liner.  
(d) The batch code.  
(e) The date of fabrication.  
(f) The physical dimensions.  
(g) The panel number.  
(h) The location and method of storage at the site.  
(3) All of the following information shall be documented on the raw materials  
that are used to manufacture the synthetic liner:  
(a) The origin and identification of the raw materials.  
(b) Copies of quality control certificates that are issued by the producer of the raw  
materials.  
(c) Reports of tests that are conducted to verify the quality of the raw materials,  
such as specific gravity, melt flow index, and percent carbon black.  
(4) All of the following quality control testing shall be conducted for any flexible  
membrane liner that is fabricated at the factory:  
(a) Visual inspection for uniformity, damage, and imperfections, including any of  
the following:  
(i) Holes.  
(ii) Cracks.  
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(iii) Thin spots.  
(iv) Tears.  
(v) Punctures.  
(vi) Blisters.  
(vii) Foreign materials.  
(b) Nondestructive seam testing on all fabricated seams along their full lengths.  
(c) At least 1 destructive seam test per fabricated unit.  
(5) A registered professional engineer or other qualified individual shall document  
that the subgrade is properly prepared for the installation of the synthetic liner and is in  
compliance with all of the following provisions:  
(a) Is adequately compacted to the standards of these rules.  
(b) If constructed over clay, that the clay is free of roots, standing water, stones,  
or desiccation cracks which would adversely affect the performance of the liner.  
(c) If constructed over sand, that the sand does not contain gravel that is retained  
on a no. 4 sieve, by testing the subgrade every 1,000 cubic yards placed.  
(d) Is rolled to a smooth grade that is consistent with approved plans.  
Elevations of the subgrade shall be verified before installation to verify that  
elevations are within plus or minus 0.2 feet of approved plans.  
(6) All of the following shall be documented during the placement of the synthetic  
liner:  
(a) Panel overlap.  
(b) Location of panels.  
(c) Visual inspection for uniformity, damage, and imperfections, including any of  
the following:  
(i) Holes.  
(ii) Cracks.  
(iii) Thin spots.  
(iv) Tears.  
(v) Punctures.  
(vi) Blisters.  
(vii) Foreign materials.  
(7) Both of the following tests shall be conducted and documented on all field  
seams:  
(a) Nondestructive testing on all field seams throughout their lengths according  
to the manufacturer's specifications or other nondestructive testing method approved  
by the department.  
(b) Destructive testing on at least 1 field-seamed sample per day per seaming  
crew or machine. The sampling frequency shall be at least 1 test every 500 feet of  
seam, not including repairs, or an alternative frequency approved by the director. The  
director shall approve an alternative frequency if that frequency of tests, combined with  
other factors, ensures compliance with seam specifications.  
History: 1993 AACS; 1999 AACS.  
R 299.4919 Landfill construction; leachate collection system construction  
records.  
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Rule 919. (1) Construction records for leachate collection systems, both above and  
between liners, shall include documentation of all of the following:  
(a) Observations and tests on piping, as specified in subrule (2) of this rule.  
(b) Observations and tests on any soil drainage layer, as specified in subrule (3)  
of this rule.  
(c) Observations and tests on any synthetic drainage layer or geotextile, as  
specified in subrule (4) of this rule.  
(d) Inspections of filter layers, as specified in subrule (5) of this rule.  
(e) Inspection and testing of sumps and associated equipment, as specified in  
subrule (6) of this rule.  
(2) Construction records for piping shall include documentation of all of the  
following:  
(a) Observations and measurements to ensure that the pipes are placed at locations  
and in configurations specified in the design.  
(b) Observations and tests to ensure that pipe grades are as specified in the design.  
(c) Observations and tests to ensure that all pipes are joined together as specified in  
the design.  
(d) Observations to ensure that the placement of any filter materials around the  
pipe is in compliance with the specifications in the design.  
(e) Observations and tests to ensure that backfilling and compaction are completed  
as specified in the design and that, in the process, the pipe network is not damaged.  
(3) Construction records for any soil drainage layer shall include  
documentation of all of the following:  
(a) Observations and tests to ensure that the drainage layer material is of the  
particle size as specified in the design and is free from excessive amounts of fines or  
organic materials. Grain size distribution shall be determined every 1,000 cubic yards  
of material placed.  
(b) Tests to verify hydraulic conductivity, as determined by ASTM ) D2434-  
68(94), every 2,500 cubic yards of material placed.  
(c) Observations and tests not less than every 200 feet on grid, to ensure that the  
thickness and coverage of the drainage layer are in compliance with the design  
specifications.  
(d) A survey of the drainage layer to ensure that grades are obtained as specified in  
the design.  
(e) Observation of construction procedures to prevent the transport of fines by  
runoff into the leachate collection system.  
(4) Construction records for any synthetic drainage material or geotextile shall  
include documentation of all of the following:  
(a) Observations to ensure that all synthetic drainage layer or geotextile materials  
are placed according to the placement plan.  
(b) Measurements to ensure that the overlap of all synthetic drainage layer or  
geotextile material as specified in the design is achieved.  
(c) Observations to ensure that the synthetic drainage layer or geotextile materials  
are free from excessive wrinkles and folds.  
(d) Observations to ensure that weather conditions are appropriate for placement  
of the synthetic drainage layer or geotextile materials and that exposure to rain, wind,  
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and direct sunlight during and after installation is in compliance with the manufacturer's  
recommendations.  
(5) Construction records shall include an inspection of the filter layer placement to  
ensure that the design specifications, including material specifications, placement  
procedures, and thickness, are met.  
(6) Construction records shall include an inspection and testing of the sump,  
leachate removal and detection equipment, and any other associated equipment or  
structures to ensure that the design specifications, including material and equipment  
specifications, coating specifications, and mechanical and electrical equipment  
installation specifications, are met.  
(7) ASTM procedure D2434-68(94) is adopted by reference in R 299.4135.  
History: 1993 AACS; 1999 AACS.  
R 299.4920 Landfill construction; hydraulic conductivity testing for cohesive  
soils.  
Rule 920. (1) The hydraulic conductivity of cohesive soils shall be determined  
by 1 of the following test methods:  
(a) ASTM D5084-90, as amended by the procedures specified pursuant to the  
provisions of subrule (2) of this rule.  
(b) A method approved by the department.  
(2) Specific procedures for conducting hydraulic conductivity tests on cohesive  
soils shall be documented in the operating record and submitted with test results. Such  
procedures shall include all of the following:  
(a) The sample size to be used. To minimize the effects of sample  
deformation, a sample shall have a minimum diameter of 2.5 inches and a length to  
diameter ratio between 0.5 and 1.0.  
(b) Methods of preparing the sample. Methods shall be designed to  
minimize deformation.  
(c) Methods of controlling sample temperature. The temperature of the sample  
shall be maintained at or near 20 degrees Celsius.  
(d) The permeant to be used. An appropriate permeant shall be 1 of the  
following:  
(i) Leachate that is representative of the leachate to be generated.  
(ii) A 0.01 N solution of CaSo4, to replicate leachate.  
(iii) Other permeants that are representative of site conditions.  
(e) Temperature range of the permeant to be used. To avoid the release of dissolved  
gases, the permeant temperature shall equal or exceed the temperature of the soil  
sample.  
(f) The maximum hydraulic gradient to be used. The maximum hydraulic gradient  
shall be limited as necessary to prevent sample deformation.  
(g) Methods of minimizing sample compaction by the permeameter.  
(h) Cross-sectional area of the standpipe.  
(i) Confining pressure to be used. Confining pressures shall be maintained  
between 1 and 5 psi above influent or effluent pressure and shall not exceed the  
natural overburden pressure.  
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(j) The method of determining that steady state conditions have been achieved.  
All tests shall be continued until steady state conditions have been achieved between  
influent and effluent.  
(3) Hydraulic conductivity test results shall be accompanied by data that  
demonstrate compliance with the procedures specified in subrule (2) of this rule,  
including all calculations made to determine hydraulic conductivity.  
(4) The solid waste control agency shall approve a variance to the procedures  
specified in subrule (2) of this rule if an applicant shows that, for a given sample, the  
procedure is not feasible or prudent.  
(5) ASTM procedure D5084-90, is adopted by reference in R 299.4135.  
History: 1993 AACS.  
R 299.4921 Landfill construction; construction certification.  
Rule 921. (1) The construction quality assurance officer shall certify that a  
landfill was constructed in accordance with the CQA plan, these rules, and engineering  
plans approved by the department. All of the following construction records shall  
accompany the certification of a new unit or the lateral extension of an existing unit:  
(a) A daily activity log, as specified in subrule (3) of this rule.  
(b) Records of any natural soil barrier, as specified in R 299.4912.  
(c) Compacted soil liner records, as specified in R 299.4917.  
(d) Flexible membrane liner records, as specified in R 299.4918.  
(e) Leachate collection system records, as specified in R 299.4919.  
(f) Final elevations, as documented on as-built plans specified in subrule  
(4) of this rule.  
(g) Diagrams that show the location of all tests on the liner and liner system.  
(2) The CQA officer shall certify that a landfill that has reached final grade, or has  
otherwise closed, has received final cover as specified in these rules, the CQA plan,  
and engineering plans approved by the department. All of the following construction  
records shall accompany an engineer's certification of a unit that has received final  
cover:  
(a) A daily activity log, as specified in subrule (3) of this rule.  
(b) Soil cover liner records, as specified in R 299.4917.  
(c) Flexible membrane cover liner records, as specified in R 299.4918.  
(d) Observations and tests of the other layers of the final cover to ensure that the  
design specifications are met. These activities shall include inspection of the  
completed cover slope, vegetation, and drainage conduits to ensure that they are in  
compliance with the specified design.  
(e) Final elevations, as documented on as-built plans specified in subrule (4) of this  
rule.  
(3) A daily activity log shall be completed by the on-site construction supervisor  
for each day of construction. A daily activity log shall include all of the following  
information:  
(a) The name and title of construction supervisor.  
(b) The date of activity.  
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(c) Weather, including maximum and minimum temperatures and amount of  
precipitation, if any.  
(d) The type of activity conducted.  
(e) A summary of all quality assurance tests conducted, indicating which tests  
passed and failed specifications.  
(f) Documentation of all repairs made on the liner system.  
(4) The CQA officer shall prepare as-built plans to document all elevations  
of a newly constructed landfill and closed landfill. All elevations shall be referenced  
to United States geological survey datum. As-built plans shall indicate all of the  
following information:  
(a) The dimensions and maximum and minimum elevations of each cell in each  
direction. Elevations of each bottom liner component shall be within 0.2 feet of  
approved plans, if each component meets the minimum thickness requirements of  
these rules.  
(b) The location and elevation of all sumps and gravity pipelines. Elevations of  
sumps and pipelines shall be within 0.2 feet of approved plans.  
(c) The location and elevation of all drainage facilities.  
(d) The surface elevations of the final cover. The elevation of the final cover may  
deviate up to 1 foot above approved plans, if each component meets  
the minimum thickness requirements of these rules.  
(5) An engineer's certification under this rule shall be a statement or declaration  
that is based on his or her knowledge and review of the construction records that  
are specified in this rule. The engineer's certification of construction conditions  
shall not relieve the owner, operator, or any other party from meeting other applicable  
requirements of the act and these rules.  
History: 1993 AACS; 1999 AACS.  
R 299.4922 Landfill operating license application; contents.  
Rule 922. (1) An applicant for an operating license shall submit all of the  
following general information on a form provided by the director:  
(a) The name and location of the facility and references to all construction  
permits or approved plans authorizing the facility’s construction.  
(b) The name and address of the applicant, including the name and  
telephone number of a contact person.  
(c) The name, address, and telephone number of the property owner and any  
mineral rights owners.  
(d) The type of disposal area proposed.  
(e) The type of waste proposed for disposal.  
(f) An estimate of remaining permitted capacity.  
(g) The maximum waste slope in the active portion.  
(h) The signature of the applicant and property owner.  
(2) An applicant for an operating license shall submit information on the amount of  
waste received in the previous calendar year or amount projected to be received and the  
operating license application fee specified in the act associated with that amount,  
including any information necessary to support a fee adjustment.  
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(3) An operating license application shall include a restrictive covenant, on a form  
that is provided by the director, that is in compliance with the act, unless the restrictive  
covenant for the disposal area has been submitted previously.  
(4) An operating license application shall include evidence of financial assurance  
that is in compliance with the act. Evidence of financial assurance includes all of  
the following:  
(a) a facility summary that provides the acreage and a site map of each of the  
following:  
(i) Active portions not at final grade.  
(ii) Constructed areas certified with this application.  
(iii) Unconstructed areas with financial assurance.  
(iv) Unconstructed areas without financial assurance.  
(v) Partially closed areas.  
(vi) Closed preexisting units, including the date closed.  
(vii) Other closed units.  
(viii) Other disposal areas at the facility.  
(ix) Isolation and other ancillary areas.  
(x) The total facility area.  
(b) A calculation of closure and postclosure cost estimates.  
(c) Original bonds or documentation that the expiration date of the bond has been  
extended by not less than 6 months from the date of application.  
(d) Evidence of a perpetual care trust fund or escrow account required by the act  
and the current value of the account.  
(e) Documentation necessary to support a financial test, if applicable.  
(5) An operating license application shall include information on any proposed  
operational variance allowed by these rules, including any of the following:  
(a) Alternate daily cover.  
(b) Leachate recirculation.  
(c) Groundwater monitoring.  
(d) Other variances.  
History: 1993 AACS; 1999 AACS.  
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