Mich. Admin. Code R. 299.4439 - Type II landfill groundwater monitoring and corrective action; applicability
Rule 439.
(1) The
requirements of R 299.4440 to R 299.4445 apply to all type II landfill units,
except as provided in subrules (2) and (6) of this rule.
(2) An owner or operator of a type II
landfill may petition the director to reduce or waive certain groundwater
monitoring requirements specified in R 299.4440 to R 299.4445 if the owner or
operator can demonstrate that there is no potential for the migration of
hazardous constituents from that type II landfill unit to the uppermost aquifer
during the active life of the unit and the post-closure care period. This
demonstration shall be certified by a qualified groundwater scientist and
approved by the director and shall be based upon both of the following:
(a) Site-specific field collected
measurements, sampling, and analysis of physical, chemical, and biological
processes that affect contaminant fate and transport.
(b) Contaminant fate and transport
predictions that maximize contaminant migration and consider impacts on human
health and the environment.
(3) The director shall waive sampling and
analysis for secondary organic constituents specified in R 299.4454 upon a
demonstration by the owner or operator that the criteria of subrule (2) of this
rule are met by the following conditions:
(a)
The landfill unit will have an active life less than 20 years.
(b) The landfill unit meets both the location
criteria of R 299.4422(3) and the design criteria of R 299.4422(4), which
provide for a secondary collection system.
(c) The constituents have not been detected
in the secondary collection system.
(4) Owners and operators of type II landfill
units shall comply with the groundwater monitoring requirements of this part
before waste can be placed in the unit.
(5) Once established at a type II landfill
unit, groundwater monitoring shall be conducted throughout the active life and
30-year post-closure care period of that unit as specified in R
299.4449.
(6) In addition to the
requirements of subrule (4) of this rule, owners and operators of preexisting
landfill units shall comply with the groundwater monitoring plan for the unit
approved by the director before the effective date of this rule, unless a new
plan is approved by the director.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.