R 299.4302 Existing industrial waste landfills.

Rule 302. (1) The owner and operator of an industrial waste landfill that has been issued a permit or license under the act on the effective date of these rules may construct, operate, and close the disposal area in accordance with existing permits, licenses, and approved plans if the owner and operator do all of the following: (a) Comply with the performance standards specified in R 299.4306. (b) Comply with other portions of the act and these rules applicable to existing disposal areas. (c) Not later than October 1, 1995, revise existing hydrogeologic monitoring plans, as necessary, to comply with R 299.4905 and submit the plans to the director with the first operating license application that is applied for after this date. (d) For any unit which is a possible source of groundwater contamination or which is an unmonitorable unit, submit a response action plan under R 299.4319. (e) Comply with the waste restrictions specified in subrule (2) of this rule. (2) To be disposed of in an industrial waste landfill that is an existing disposal area, all wastes, except for construction and demolition waste, trees, and stumps, shall have been subjected to the leaching test protocol specified in R 299.4311 and have been approved for disposal at the specific landfill based on a determination by the solid waste control agency that the disposal has a minimal potential for groundwater contamination. Waste that is approved for disposal in an industrial solid waste landfill which is an existing disposal area shall be retested annually, or on a more frequent schedule as specified by the solid waste control agency, to confirm that disposal of the waste presents a minimal potential for groundwater contamination. The owner or operator of an existing industrial waste landfill may petition the director to waive the tests specified in R 299.4311 for new waste or waste previously approved. The director shall approve such a petition if either of the following conditions is met: (a) The waste is listed as a low-hazard industrial waste or meets the criteria for a low-hazard industrial waste specified in section 11504(7) and the design of the landfill meets the criteria for a low-hazard industrial waste landfill specified in R 299.4307(3)(a) or (4). (b) The petition demonstrates that the location or design of the landfill minimize the potential for groundwater contamination, and that the concentration of constituents in the waste is not a significant factor. (3) The owners and operators of existing industrial waste landfill units which are not licensed under the act as type III landfills on the effective date of these rules, but which receive waste under other authority, shall notify the director of the nature and extent of the disposal area not less than 6 months after the effective date of these rules. At any time after such date, the owner or operator of an industrial waste landfill specified in this subrule may be required, by the director, to submit an operating license application. An owner and operator that are required to submit an operating license application under this rule shall be allowed not less than 6 months to submit the application. An operating license application shall include all of the following information: (a) A waste characterization that is in compliance with R 299.4118a. (b) A hydrogeologic report and monitoring program that is sufficient to comply with R 299.4904 and R 299.4905. (c) Engineering plans that are sufficient to comply with both of the following: (i) The final cover requirements of R 299.4304 for all units. (ii) The design requirements of R 299.4307 for all new units or lateral extensions of existing units. (d) Information that is required by R 299.4922. (4) Engineering plans, hydrogeologic evaluations, and the surface water and groundwater monitoring program for industrial waste landfills that are not licensed under the act shall be reviewed by the director to assure compliance with these rules. The owners and operators of landfills that the director determines are not in compliance with these rules may be issued a timetable or schedule of remedial measures that will lead to compliance within a reasonable time period, which shall not be more than 2 years from the date of the determination.