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.  
(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.  
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(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  
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.  
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(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.  
(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  
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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.  
(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.  
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(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.  
(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.  
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(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:  
(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.  
Page 6  
(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.  
(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:  
Page 7  
(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.  
(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.  
Page 8  
(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.  
(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:  
Page 9  
(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 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  
Page 10  
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.  
(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.  
Page 11  
(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.  
(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  
Page 12  
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.  
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.  
Page 13  
(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 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:  
Page 14  
(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.  
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.  
Page 15  
(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 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  
Page 16  
document entitled "Standard Methods for the Examination of Water and Wastewater," 19th  
edition, which is adopted by reference in R 299.4139:  
(i) Percent dry solids.  
(ii) Total kjeldahl nitrogen.  
(iii) Total ammonia nitrogen.  
(iv) Nitrate nitrogen.  
(v) Total phosphorus.  
(vi) Specific gravity.  
(vii) Chemical oxygen demand.  
(viii) Five-day biological oxygen demand.  
(ix) pH.  
(c) All of the following information to characterize the soil types at the application area  
or areas:  
(i) Soil type.  
(ii) Soil pH.  
(iii) Lime index.  
(iv) Cation exchange capacity.  
(v) Proposed nutrient application rates.  
(d) The name and address and written approval of the titleholder of the land or lands.  
(e) The proposed application rate.  
(f) The proposed method of application, including the equipment to be used.  
(g) The method and frequency of soil tilling to be employed.  
(h) The type of vegetation to be maintained, and how it will be managed.  
(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.  
Page 17  
(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.  
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:  
Page 18  
(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.  
(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.  
Page 19  
(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.  
(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.  
Page 20  
History: 2015 AACS.  
R 299.4119 Rescinded.  
History: 1993 AACS; 1998-2000 AACS; 2014 AACS.  
R 299.4120 Rescinded.  
History: 1993 AACS; 1999 AACS; 2012 AACS.  
R 299.4121 Petitions for use of solid waste other than yard clippings as compost.  
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.  
Page 21  
History: 1993 AACS; 2014 AACS.  
R 299.4123 Rescinded.  
History: 1993 AACS; 2014 AACS.  
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:  
Page 22  
(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.  
(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  
Page 23  
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 R 299.4307(3)(a).  
(b) A liner that is in compliance with the provisions of R 299.4307(4).  
(c) A vault or pad that is in compliance with the provisions of subrule (5) of this rule.  
(2) Waste pile containment systems shall be constructed of, or lined with, 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.  
Page 24  
(10) At closure, the owner and operator of a waste pile shall remove or decontaminate all  
of the following in accordance with the act and these rules:  
(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.  
(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  
Page 25  
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.  
(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  
Page 26  
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.  
History: 1993 AACS; 1999 AACS.  
R 299.4138 EPA methods for analysis of total and volatile residue; adoption by  
reference.  
Page 27  
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.  
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.  
Page 28  
(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 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  
Page 29  
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.  
(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.  
Page 30  
(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  
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.  
Page 31  
(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.  
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.  
Page 32  
(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.  
(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,  
Page 33  
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 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.  
Page 34  
(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.  
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  
Page 35  
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:  
(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.  
Page 36  
(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 Maximum Sound Level  
Residential 75 dBA.  
Commercial 85 dBA.  
Industrial and other 90 dBA.  
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.  
Page 37  
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 conductivity of  
-7  
cm/sec and shall meet the criteria specified in R 299.4912. The director may  
approve a combination of natural soils with a maximum demonstrated hydraulic  
-6  
1.0 x 10  
conductivity of  
cm/sec having a thickness that provides equivalent protection to  
cm/sec soil. Type III natural clay sites where the clay does not extend  
1.0 x 10  
-7  
10 feet of  
1.0 x 10  
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  
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.  
Page 38  
(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.  
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.  
Page 39  
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.  
(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.  
Page 40  
(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 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.  
Page 41  
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.  
(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.  
Page 42  
(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).  
(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  
Page 43  
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.  
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.  
Page 44  
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:  
(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.  
Page 45  
(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.  
(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  
Page 46  
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.  
(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.  
Page 47  
(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.  
(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.  
Page 48  
History: 1982 AACS; 1993 AACS.  
R 299.4406 Rescinded.  
History: 1982 AACS; 1993 AACS.  
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.  
Page 49  
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.  
(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.  
Page 50  
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.  
Page 51  
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.  
(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  
Page 52  
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.  
(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.  
Page 53  
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.  
(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:  
Page 54  
(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 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.  
Page 55  
(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.  
(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.  
Page 56  
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.  
(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.  
Page 57  
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:  
(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:  
Page 58  
(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.  
(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:  
Page 59  
(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  
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.  
Page 60  
(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 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.  
Page 61  
(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.  
(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.  
Page 62  
(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.  
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:  
Page 63  
(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.  
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  
Page 64  
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 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:  
Page 65  
(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.  
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.  
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(2) In addition to the controls specified in subrule (1) of this rule, the owner and operator  
shall limit access as follows:  
(a) To those times when an attendant is on duty or when an alternative monitoring device  
is in use.  
(b) To those persons who are authorized to use the site for the disposal of solid waste.  
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.  
(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:  
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(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.  
(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.  
Page 68  
(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.  
(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.  
Page 69  
(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.  
(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.  
Page 70  
(b) The monthly volume of leachate pumped from all units.  
(c) The quality of leachate generated from the landfill by sampling and analyzing for both  
of the following:  
(i) The primary inorganic indicators listed in R 299.4450 and primary volatile organics  
listed in R 299.4453 on a quarterly basis during the active life and on an annual basis during  
the postclosure period.  
(ii) Other constituents listed in R 299.4451, R 299.4452, and R 299.4454 on an annual  
basis during the active life and postclosure period.  
(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  
Page 71  
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.  
(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.  
Page 72  
R 299.4433 Type II landfill operation; explosive gas control and monitoring.  
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.  
Page 73  
(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.  
History: 1993 AACS; 1999 AACS.  
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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.  
(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:  
Page 75  
(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.  
(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  
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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.  
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  
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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:  
(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:  
Page 78  
(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 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.  
Page 79  
(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.  
(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  
Page 80  
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.  
(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  
Page 81  
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.  
(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  
Page 82  
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.  
(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.  
Page 83  
(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.  
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.  
Page 84  
(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:  
(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.  
Page 85  
(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 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 a consideration of the  
technical and economic capability.  
Page 86  
(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.  
(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  
Page 87  
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.  
(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.  
Page 88  
(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.  
(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.  
Page 89  
(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.  
(c) An estimate of the maximum inventory of wastes ever on-site over the active life of  
the landfill.  
(d) A description of the final cover, including engineering plans and specifications.  
(e) A schedule for completing all activities that are necessary to satisfy the final cover  
requirements of these rules.  
(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.  
Page 90  
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.  
(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.  
Page 91  
(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, 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.  
Page 92  
(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.  
(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.  
Page 93  
Rule 452. (1) The constituents in this rule shall be considered heavy metals for purposes  
of type II landfill monitoring. Samples for the metals from groundwater or secondary  
collection systems shall be field-filtered before analysis, unless the director determines that  
filtered samples alone do not accurately measure the concentration of metals in the  
groundwater or in a secondary collection system at the facility. Samples of leachate shall  
not be filtered before analysis.  
(2) The following metals shall be analyzed in accordance with subrule (3) of this rule:  
(a) Antimony.  
(b) Arsenic.  
(c) Barium.  
(d) Beryllium.  
(e) Cadmium.  
(f) Chromium.  
(g) Cobalt.  
(h) Copper.  
(i) Lead.  
(j) Nickel.  
(k) Selenium.  
(l) Silver.  
(m) Thallium.  
(n) Vanadium.  
(o) Zinc.  
(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.  
Page 94  
(n) Trans-1,2-dichloroethylene; trans-1,2-dichloroethene.  
(o) 1,2-Dichloropropane; propylene dichloride.  
(p) cis-1,3-dichloropropene.  
(q) Trans-1,3-dichloropropene.  
(r) Methyl bromide; bromomethane.  
(s) Methyl chloride; chloromethane.  
(t) Methylene bromide; dibromomethane.  
(u) Methylene chloride; dichloromethane.  
(v) Methyl iodide; iodomethane.  
(w) 1,1,1,2-Tetrachloroethane.  
(x) 1,1,2,2-Tetrachloroethane.  
(y) Tetrachloroethylene; tetrachloroethene; perchloroethylene.  
(z) 1,1,1-Trichloroethane; methyl chloroform.  
(aa) 1,1,2-Trichloroethane.  
(bb) Trichloroethylene; trichloroethene.  
(cc) Trichlorofluoromethane.  
(dd) 1,2,3-Trichloropropane.  
(ee) Vinyl chloride.  
(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.  
Page 95  
(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.  
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  
Page 96  
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.  
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.  
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(iii) Structures and equipment.  
(iv) Streams.  
(v) Contours.  
(vi) Significant environmental features.  
(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 be submitted by the applicant,  
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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 the routine operational maintenance of the  
facility.  
(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.  
(15) The facility shall be easily accessible under all weather conditions, and roads shall  
be maintained to prevent a mud and dust nuisance.  
Page 99  
(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, a licensee shall provide evidence  
of arrangements for adequate fire protection.  
(20) A licensee shall ensure that accidental fires are extinguished.  
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.  
(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  
Page 100  
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.  
(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,  
Page 101  
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 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.  
Page 102  
(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  
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.  
Page 103  
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.  
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.  
Page 104  
(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.  
(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  
Page 105  
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.  
(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  
Page 106  
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.  
(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:  
Page 107  
(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:  
(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.  
Page 108  
(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.  
(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.  
Page 109  
(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.  
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.  
Page 110  
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.  
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  
Page 111  
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  
where:  
PC = Current county population  
PT = Total current state population (equal to the total of the  
83 county  
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.  
Page 112  
(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  
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:  
Page 113  
(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.  
(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.  
Page 114  
(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.  
(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.  
Page 115  
(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.  
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.  
Page 116  
(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.  
(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:  
Page 117  
(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.  
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.  
Page 118  
(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 detection limit for the procedure  
specified.  
(iv) Chain of custody control.  
(v) Laboratory and field quality assurance and quality control procedures.  
(vi) Procedures for preventing cross-contamination in wells during well installation,  
purging, and sampling.  
(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.  
Page 119  
(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.  
(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.  
Page 120  
(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.  
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.  
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(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.  
(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  
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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.  
(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  
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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.  
(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.  
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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.  
(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.  
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(b) The design of the collection pipe, including all of the following information:  
(i) Diameter.  
(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, such as to ensure that the  
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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.  
(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  
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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 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  
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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.  
(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.  
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(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.  
(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  
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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.  
(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.  
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(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 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.  
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(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.  
(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.  
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(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 assure compliance with the specifications of these  
rules.  
(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  
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(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.  
(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.  
Page 135  
(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.  
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.  
Page 136  
(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, 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:  
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(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.  
(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.  
Page 138  
(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.  
(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:  
Page 139  
(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.  
(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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