Mich. Admin. Code R. 299.9603 - Location standards
Rule 603.
(1)
Active portions of new treatment, storage, or disposal facilities or
expansions, enlargements, or alterations of existing facilities shall not be
located in any of the following areas:
(a)
Within 61 meters of a fault which had its displacement in Holocene
time.
(b) In a floodway designated
by the department under part 31 of the act.
(c) In a coastal high-risk area designated
under part 323 of the act.
(d) Over
a sole-source aquifer or the recharge zone of a sole-source aquifer, unless the
director grants an exemption to this provision based upon a demonstration by
the applicant that the treatment, storage, or disposal facility will be
located, designed, constructed, and operated in a manner that will prevent
contamination of the aquifer.
(e)
Within that isolation distance from public water supplies specified by act
399.
(f) In a wetland.
(2) Unless otherwise allowed by an
operating license under part 111 of the act or subrule (3) of this rule, the
following isolation distances shall be maintained between the active portion of
a new facility and adjacent commercial, residential, or recreational property
lines:
(a) For landfills, 150
meters.
(b) For other facilities,
60 meters.
(3) For
purposes of subrule (2) of this rule, adjacent commercial, residential, and
designated recreational property shall not include public roads, railroads, or
rights-of-way. However, the director may require greater isolation distances
than those specified in subrule (2) of this rule, or allow lesser isolation
distances, based on the following criteria:
(a) The proposed design and operation of the
facility.
(b) The location of
private water wells.
(c) The
potential for fugitive emissions in violation of part 55 of the act.
(4) Treatment, storage, and
disposal facilities shall not be located in a floodplain. The director may
grant an exemption to the floodplain restrictions of this rule for treatment
and storage facilities if either of the following conditions is met:
(a) The facility is designed, constructed,
operated, and maintained to prevent washout of any hazardous waste by a
flood.
(b) The owner or operator
can demonstrate to the director that procedures are in effect which will cause
the waste to be removed safely, before floodwaters can reach the facility, to a
location where the wastes will not be vulnerable to the floodwaters.
(5) Landfills, surface
impoundments, and waste piles shall only be located in areas where there is not
less than 6 meters of soil with a maximum permeability of 1.0 x 10-6 cm/sec at
all points below and lateral to the liner or bottom of the landfill, surface
impoundment, or waste pile, unless the owner or operator substitutes an
engineered backup liner of equivalent design and demonstrates to the director
that it provides equivalent environmental protection.
Notes
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