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 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 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 part 201 of the act. (b) If necessary, initiate a remedial investigation pursuant to part 201 of the act. (5) If the concentration of any constituent listed in R 299.4318(5) or other applicable hazardous substance is above background, but all concentrations are below the appropriate cleanup criteria for groundwater established by the department pursuant to section 20120a(1)(a) of the act, 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 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. (6) If 1 or more hazardous substances are detected at statistically significant levels and are above the 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. (e) Initiate a feasibility study, as specified in part 201 of the act. The feasibility study shall be completed within a reasonable period of time approved by the director. (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 part 201 of the act.