7 PROPOSED ADMINISTRATIVE RULES

 

ORR # 2004-020

 

DEPARTMENT OF ENVIRONMENTAL QUALITY WASTE AND HAZARDOUS MANAGEMENT DIVISION SOLID WASTE MANAGEMENT

Filed with the Secretary of State on

These rules take effect 7 days after filing with the Secretary of State.

 

(By authority conferred on the director and the department of environmental quality by Sections 11538, 11539, and 11540 of 1994 PA 451, and Executive Reorganization Order No. 1995-16, MCL 324.11538,

324.11539, 324.11540, and 324.99903.)

 

December 2004

 

R 299.4102, R 299.4105, R 299.4307, R 299.4315, R 299.4318, R 299.4319, R 299.4412, R 299.4439, R

299.4440, R 299.4441, R 299.4442, R 299.4443, R 299.4444, R 299.4445, R 299.4451, R 299.4453, R

299.4907, and R 299.4908 of the Michigan Administrative Code are amended to read as follows:

 

PART 1. GENERAL PROVISIONS

 

R 299.4102 Definitions; C to E.

Rule 102. As used in these rules:

(a)      “Cement kiln dust” means particulate material that is collected in air emission control devices which serve portland cement kilns.

(b)      “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.

(c)      “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.

(iv)      Ranger stations.

(v)      Crew quarters.

(vi)      Campgrounds.

(vii)       Picnic grounds.

(viii)       Day-use recreation areas.

(d)      “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.

(e)      “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.

(f)      “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.

(g)      “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.

(h)      “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 person and connected by a right-of-way which the owner controls and to which the public does not have access are also contiguous.

(i)      “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.

(j)      “Disease vectors” means any rodents, flies, mosquitoes, or other animals, including insects, that are capable of transmitting disease to humans.

(k)      “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.

 

 

(l)      “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.

(m)      “Domestic well” means a well that may be used to provide water to a property for household activities.

(m)   (n) “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)  (o) “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)  (p) “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.

(p)   (q) “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.

An industrial waste pile that is located at the site of generation on October 9, 1993.

(q)  (r) “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.

 

R 299.4105 Definitions; S to W.

Rule 105. As used in these rules:

(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. “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 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 299.4126.

(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, which is inconsistent with background concentrations given chance expectations for the site as a whole. Verification sampling for any exceedance of the statistical limit must be completed within 90 days of the original sampling date.

 

 

(n)   (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.

(o)   (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.

(p)   (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.

(q)   (r) “Total inorganic nitrogen” means the sum of ammonia-nitrogen, nitrate-nitrogen, and nitrite-nitrogen.

(r)   (s) “TSCA” means the toxic substances control act, 15 U.S.C. §2601 et seq.

(s)   (t) “Unmonitorable unit” means a landfill unit that is not a monitorable unit.

(t)  (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.

(u)   (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.

(v)   (w) “Wetland” means the areas defined as wetlands in part 303 of the act.

 

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 1.0 X 10

-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 conductivity of 1.0 X 10-6 cm/sec having a thickness that provides equivalent protection to 10 feet of

1.0 X 10-7 cm/sec soil. Type III natural clay sites where the clay does not extend 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 299.4118 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.

(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 R 299.4122 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 the requirements of R 299.4437.

 

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.

(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, biannual semiannual sampling 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 solid waste control agency 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.

 

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 both 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 act 245 part 31 of the act.

(3)     Owners and operators of type III landfill units shall comply with the groundwater monitoring requirements of this rule according to the following schedule:

(a) Existing construction and demolition waste landfill units and lateral extensions of existing units shall be in compliance with the groundwater monitoring requirements of this rule by October 9, 1994.

(b) Existing industrial waste landfill units and lateral extensions of existing units shall be in compliance with the groundwater monitoring requirements specified in this rule by October 9, 1995.

(c) New type III landfill units shall be in compliance with the groundwater monitoring requirements specified in 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).

(b)      The constituents that are listed in the provisions of 40 C.F.R 258, appendix I 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 a all available historical waste characterizations pursuant to the provisions of R 299.4118 or the historical analysis of leachate from not less than 2 consecutive samplings:

(a)      The constituent and any breakdown products are not and have not been detected at practical quantitation limits approved by the director detectable.

(b)      The concentration of the constituent is below the background concentration of the constituent in groundwater.

(c)      The concentration of the constituent is below type B levels for groundwater that are specified in R 299.5709 and other the part 201 generic residential criteria contained in R 299.5744 and

R 299.5746, 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 the upgradient edge of the unit and the downgradient monitoring well screen.

(e) , OR 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 operating record facility’s files that indicates which constituents have shown statistically significant changes increases from background levels and notify the director that the notice has been placed in the operating record.

(b)      Within 30 days of the determination, resample the affected well or wells for those compounds.

(c)  If the results of the second analysis confirm the initial results, prepare a response action plan that is in compliance with the requirements of R 299.4319 and submit the plan to the director, except as  provided in subrule (10) of this rule.

(10) T 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 act 245 or a variance that is issued pursuant to the provisions of act 245 which is approved pursuant to the provisions of R 299.2210 part 31 of the act. A report that documents this demonstration shall be certified by a qualified groundwater scientist, be approved by submitted to the director within 30 days of the determination and be placed in the operating record facility’s files. If the director notifies the owner or operator within 90 days that a successful demonstration has is 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:

(ai) Continue detection monitoring as specified in this rule.

(bii) 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. 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.

 

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 the provisions of 40 C.F.R. part 258, appendix II 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 the provisions of act 245 or act 307 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 the provisions of R 299.5709 that were promulgated pursuant to the provisions of act 307 part 201 of the act.

(b)      If necessary, initiate a remedial investigation pursuant to the provisions of R 299.5511 that were promulgated pursuant to the provisions of act 307 part 201 of the act.

(5)     If the concentration of any constituent listed in R 299.4318(5) or other applicable hazardous constituent substance is above background, but all concentrations are below type B the appropriate cleanup criteria for groundwater as specified in R 299.5709 that was promulgated pursuant to the provisions of act 307 established by the department pursuant to section 20120a(1)(a) of the act, using the statistical procedures in R 299.4908, 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 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 constituents 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 constituents substances are detected at statistically significant levels and are above the type B criteria for groundwater as specified in R 299.5707 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.

(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 R 299.5515 and which describes the selected remedy and how it meets the standards of act 307 part 201 of the act.

 

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 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, MCLAct No. 40 of the Public Acts of 1956, as amended, being §280.1. et seq. of the Michigan Compiled Laws. 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 Aact 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. 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.

 

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. according to the following schedule:

(a) Existing type II landfill units and lateral extensions of existing units that do not have a secondary leachate collection and removal system shall be in compliance with the groundwater monitoring requirements specified in R 299.4440 to R 299.4445 by October 9, 1994.

(b) Existing type II landfill units and lateral extensions of existing units which have a leak detection system, but which are unmonitorable units, shall be in compliance with the groundwater monitoring requirements specified in R 299.4440 to R 299.4445 by October 9, 1995.

(c) Existing type II landfill units and lateral extensions which have a secondary collection system and which are monitorable units shall be in compliance with the groundwater monitoring requirements specified in R 299.4440 to R 299.4445 by October 9, 1996.

(d)New type II landfill units shall be in compliance with the groundwater monitoring requirements specified in R 299.4440 to R 299.4445 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 existing and 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.

 

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 subrule (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:

(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 or values and coefficients of variation and variance of monitoring parameters or constituents 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 1/10 the value specified in R 299.4123 the part 201 generic residential cleanup criteria contained in R 299.5744 and R 299.5746.

(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 299.44520 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.

(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) , or t The presence of an alternative monitoring system, such as a secondary collection system.

(e) (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)     A minimum of 4 independent samples from each background and downgradient well shall be collected and analyzed during the first sampling event. At least 1 sample from each background and downgradient well shall be collected and analyzed during subsequent sampling events. An alternate background collection schedule may be approved by the director.

(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 increaseschanges from background levels and notify the director that the notice is placed in the operating record.

 

 

(b)      Prepare an assessment monitoring plan that is in compliance with the requirements of

R 299.4441 and a response action plan that is in compliance with the requirements of R 299.4442 within  90 45 days of the determination, 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 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, be submitted to the director within 60 30 days of the determination specified in subrule (8) of this rule, and be placed in the operating record. If a successful demonstration is made and documented, then the owner or operator mayshall do the following:

(a)     Ccontinue 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 30 15 days of notification by the director, the owner and operator shall initiate 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.

 

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 90 days of the triggering of an assessment monitoring program, and annually thereafter, the owner and operator of a type II landfill shall sample and analyze the groundwater for 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 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 an appropriate 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 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.

(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 299.4906441(2), conduct analyses for all constituents listed in R 299.44520 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 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)      In accordance with the provisions of R 299.5709, e Establish groundwater protection standards consistent with section 20120a of the act for all constituents that are detected pursuant to this rule.

(e)    Except as provided by subrule (8) of this rule, prepare a response action plan that is in compliance with the requirements of R 299.4442 and submit the plan to the director within 90 days of such variance.

(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 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, using the statistical procedures in R 299.4908, 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.

(e)  Except as provided by subrule (8) of this rule, prepare a response action plan meeting the requirements of R 299.4442 and submit the plan to the director within 90 days of such variance.

(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 the provisions of 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 appendix II constituents hazardous substances that have exceeded the type B criteria for groundwater residential 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)      Characterize the nature and extent of the release by installing additional monitoring wells as necessary.

(e)      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.

(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.

(c)(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, including initiating an assessment of corrective measures and a response action plan. 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 appendix II constituents hazardous substances are at or below background as specified in subrule (5) of this rule.

(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 appendix II constituent 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 type B criteria for that constituent for groundwater as specified in R 299.5709 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 type B 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).

 

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.

(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 constituents listed in appendix II 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.

 

R 299.4443 Type II landfill corrective action; assessment of corrective measures.

Rule 443. (1) Within 90 days of finding that any of the constituents listed in appendix II hazardous substances have been detected at a statistically significant level, and exceeding the groundwater protection standards defined in R 299.44421, 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 299.44421.

(3)     The assessment or corrective measures shall be in compliance with the requirements for feasibility studies contained in R 299.5513 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.

 

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 the provisions of 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 the provisions of R 299.5515 part 201 of the act and which describes the selected remedy and how it meets the standards of subrule (2) of this rule and act 307 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 299.44421.

(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 the provisions of R 299.44421(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 type C criteria specified in R 299.5717 instead of the criteria other than the groundwater protection standard specified in the provisions of R 299.44421, 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 or 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 the provisions of 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 the provisions of 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 the provisions of R 299.5603 part 201 of the act.

 

R 299.4445 Type II landfill corrective action; implementation of remedial action plan.

Rule 445. (1) Based on the schedule established pursuant to the provisions of 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 the provisions of 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 the provisions of 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 the provisions of 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.

(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 the provisions of R 299.4444 shall be considered complete when the owner or operator complies with the groundwater protection standards established pursuant to the provisions of 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 the provisions of 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 variabilities 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 act 307  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.

(8)     The owner and operator shall be responsible for obtaining permission to enter off-site property to complete a remedial action plan.

 

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)      Conductivity 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.

 

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.

(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.

 

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.

 

 

(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.

 

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 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 data base, 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 data base, 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 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 determine whether there has been a statistically significant increase over background at each monitoring well 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.