R 299.4305 Type III landfill location restrictions.

Rule 305. (1) The requirements of this rule apply to type III landfills that are new disposal areas. (2) Horizontal isolation distances shall be in compliance with the following provisions, as applicable: (a) The isolation distances established for a specific landfill shall take into consideration immediate and long-term environmental factors, including all of the following: (i) Noise. (ii) Blowing papers. (iii) Dust. (iv) Odor. (v) Vectors. (vi) Pest animals. (vii) Equipment vibration. (b) Unless a variance is obtained under R 299.4108, the active work area for type III landfills that are new disposal areas shall not be located closer than 100 feet to adjacent property lines, road rights-of-way, or lakes and perennial streams or closer than 300 feet to domiciles that exist at the time of issuance of a construction permit. In addition, approval of less than 200 feet of isolation distance requires either a berm which is not less than 8 feet high with a 4-foot fence on top and which is constructed around the perimeter of the active work area or natural screening that offers equivalent protection. Greater isolation distances may be required in any of the following situations: (i) Geological conditions require it. (ii) The site is adjacent to special quiet zones, as designated by local or state government. (iii) The site is near an airport. (iv) Federal or state regulations apply. (v) Dewatering will adversely affect adjacent aquifers. (c) Construction and demolition waste landfills which are new disposal areas and which will accept waste from more than 1 generator shall comply with the location restrictions for type II landfills specified in R 299.4412 to R 299.4418. (3) A type III landfill shall not be located within a floodplain unless the necessity for such a location can be substantiated through an environmental assessment and unless it can be demonstrated that the fill will not affect upstream or downstream flood stages. To demonstrate that the fill will not affect upstream or downstream flood stages, the owner or operator shall obtain a permit under part 31 of the act. (4) A type III landfill shall not be located within a wetland unless it meets both of the following requirements: (a) The location can be substantiated through an environmental assessment which considers alternatives and assures that all potentially negative impacts can be mitigated. (b) Where applicable, the applicant obtains a permit under part 303 of the act. (5) The applicant shall demonstrate, as part of the permit application, that operation of the proposed type III landfill will not result in noise exceeding the following levels for specified adjacent land uses when measured at the common property line nearest the active work area: Adjacent Use Maximum Sound Level Residential 75 dBA. Commercial 85 dBA. Industrial and other 90 dBA. Objectionable noises due to intermittence, beat, frequency, or shrillness shall be muffled so as not to become a nuisance to adjacent users.