R 299.4203 Certified health department; performance requirements; solid waste disposal areas.

Rule 203. (1) Except as provided in subrules (2) and (3) of this rule, a certified health department shall do all of the following: (a) At the request of an applicant, provide an advisory analysis of each proposed disposal area within 15 working days of the request. An advisory analysis shall include a site inspection and written report to the applicant regarding the preliminary feasibility of the disposal area as described in R 299.4901. A copy of the advisory analysis shall be provided to the department. Nothing in the advisory analysis shall be considered to constitute an approval or denial for a construction permit or operating license. (b) Receive all construction permit and operating license application forms and documents. (c) Immediately forward each application package to the department for review. (d) Upon the receipt of a construction permit application, obtain information for the proper notification of all parties that is required by section 11510 of the act. (e) Assist the department in arranging newspaper publication of the required public notice in the vicinity of the proposed undertaking. The certified health department's obligation for such costs shall not be more than ½ of the construction permit application fee that is remitted by the applicant under the act. (f) Provide a location where the complete construction permit application may be reviewed by the public. (g) Assist the department in conducting all public hearings relative to an application for a construction permit. (h) Conduct a site inspection upon receipt of an operating license application to determine compliance with the act and these rules. (i) Submit a written report of the site inspection and a recommendation for or against license issuance to the department within 15 working days of receipt of the operating license application package. The applicant shall be sent a copy of the recommendation. (j) Provide the department and the licensee with written recommendations regarding appropriate action on existing facilities, which may include closure, remedial measures, and a compliance schedule. (k) File an instrument that is prepared by the applicant in the office of the register of deeds of the county in which a sanitary landfill is located that imposes a restrictive covenant upon the land involved at the time of licensing as required by section 11518 of the act and provide the department with a copy of the recorded instrument or a receipt that verifies the proper filing. (l) Provide a minimum of quarterly, routine, written inspection reports of all disposal areas, unless a more frequent inspection schedule is established by the department. A written notice of deficiencies, together with requirements for their correction, shall be provided to the licensee. Copies of all inspection reports and correspondence shall be provided to the department. (m) Follow-up inspections of disposal areas shall be conducted when necessary. (n) Maintain a complete file of transactions relative to the inspection report activities for each disposal area. (o) Investigate and document all complaints on solid waste disposal areas and dumps. Reports of actions taken shall be provided to the department. (p) Notify the department of any unresolved problems or violations that continue beyond 90 days of the health department's investigations of complaints. (q) Be willing and prepared to present documentation and testimony at show cause hearings, formal administrative hearings, or at any other informal or formal legal proceedings. (r) In cooperation with the department, issue cease and desist orders for unlicensed waste disposal areas or dumps. The department shall be provided with copies of any cease and desist orders that may be issued. (s) Program enforcement and review responsibilities shall be uniformly applied to the public and private sectors. (t) Assist in developing and encouraging environmentally sound methods of disposal, including resource recovery and conservation. (2) A health department that employs a qualified geologist and engineer may apply to the department to review all construction permits and operating license applications for completeness and content. A health department that is certified to conduct a review shall do all of the following: (a) Review each construction permit and operating license application for completeness and notify the applicant, within 15 working days of receipt of the application, as to the completeness of the application. (b) Provide the department with a copy of all completeness reviews. (c) Review complete construction permit applications for compliance with the act and these rules and forward a review report and recommendation for or against issuance of a permit to the department within 45 calendar days of receipt of the complete application package. (d) Review complete operating license applications, including bonds and construction certification documents, for compliance with the act and these rules and forward a review report and recommendation for or against issuance of a license to the department within 15 working days of receipt of the complete application package. (e) Conduct inspections to verify that construction of a disposal area is proceeding in accordance with approved plans. (3) A health department may apply to the department for authorization to conduct other activities that are not specified in subrules (1) and (2) of this rule. (4) A certified health department is not responsible for inspecting or reviewing applications for disposal areas that are owned or operated by the county within the certified health department’s jurisdiction. The department is responsible for conducting the inspections. (5) A certified health department shall not authorize changes to engineering plans that are approved by the director.