Mich. Admin. Code R. 299.9616 - Surface impoundments
Rule 616.
(1)
Owners or operators of facilities that use surface impoundments to treat or
store hazardous waste shall comply with the requirements of 40 C.F.R. part 264,
subpart K, except 40 C.F.R. §264.221 (f). For new surface impoundments or
replacements or lateral expansions of existing surface impoundments where
liners are constructed of materials that might allow wastes to migrate into the
liner, such as compacted clay, the liner shall, at a minimum, be constructed in
accordance with the standards for clay liners contained in R 299.9620 (2) and
shall be designed, constructed, and installed to prevent any migration of
wastes out of the impoundment to the adjacent subsurface soil, groundwater, or
surface water at any time during the active life, including the closure period,
of the impoundment.
(2) New surface
impoundments or replacements or lateral expansions of existing surface
impoundments shall contain a leak detection, containment, and removal system
designed, constructed, operated, and maintained in accordance with R 299.9622,
unless exempted under that rule.
(3) The owner or operator of an existing
surface impoundment shall not close the impoundment as a landfill in accordance
with the provisions of 40 C.F.R. §264.228 unless both of the following
provisions are complied with:
(a) The site of
the surface impoundment meets the location standards of R 299.9603 or can be
engineered to meet these standards.
(b) The director does either of the
following:
(i) Determines that all
contaminated subsoils cannot be practicably removed.
(ii) Issues an operating license for a
facility alteration.
Notes
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