Mich. Admin. Code R. 299.4444 - Type II landfill corrective action; remedy selection and remedial action plan
Rule 444.
(1)
Based on the results of the corrective measures assessment pursuant to R
299.4443, the owner and operator shall propose to the director a remedy that,
at a minimum, meets the standards specified in subrule (2) of this rule. The
owner and operator shall, within 14 days of selecting a remedy, submit to the
director a proposed remedial action plan which is in compliance with part 201
of the act and which describes the selected remedy and how it meets the
standards of part 201 of the act. The proposed remedial action plan shall be
placed in the operating record.
(2)
Remedies that are proposed by an owner or operator shall be in compliance with
all of the following provisions:
(a) Be
protective of human health and the environment.
(b) Be able to attain the groundwater
protection standard as specified in R 299.4441.
(c) Control the source or sources of releases
so as to reduce or eliminate, to the maximum extent practicable, further
releases of R 299.4450 to R 299.4452 and appendix II constituents into the
environment that may pose a threat to human health or the
environment.
(d) Be in compliance
with standards for the management of wastes as specified in R
299.4445(4).
(3) In
selecting a remedy that is in compliance with the standards of subrule (2) of
this rule, the owner or operator shall consider all of the following evaluation
factors:
(a) The long- and short-term
effectiveness and protectiveness of the potential remedy or remedies, together
with the degree of certainty that the remedy will prove successful based on a
consideration of all of the following:
(i) The
magnitude of the reduction of existing risks.
(ii) The magnitude of residual risks in terms
of the likelihood of further releases due to waste that remains after the
implementation of a remedy.
(iii)
The type and degree of long-term management required, including monitoring,
operation, and maintenance.
(iv)
Short-term risks that might be posed to the community, workers, or the
environment during the implementation of a remedy, including the potential
threats to 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.
(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 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.
Notes
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