R 299.4410 Type II landfill; purpose, scope, and applicability.

Rule 410. (1) The purpose of this part is to establish rules under the act for all municipal solid waste landfill units. Municipal solid waste landfills shall generally be referred to as type II landfills for purposes of this part. These rules ensure the protection of human health and the environment. (2) The rules of this part apply to owners and operators of new type II landfill units, existing type II landfill units and lateral extensions of existing units, and preexisting type II landfill units, except as otherwise specifically provided in this part. All other solid waste disposal areas and practices that are not regulated under part 111 of this act are subject to the rules contained in parts 1, 3, and 5 of these rules. (3) The rules of this part do not apply to type II landfill units which have not been issued a construction permit or operating license under the act and which did not receive waste after October 9, 1991. (4) Type II landfill units which received waste after October 9, 1991, but which stopped receiving waste before October 9, 1993, are exempt from all of the design requirements of this part, except the final cover requirement specified in R 299.4425. The final cover shall be installed within 6 months of the last receipt of wastes. An owner or operator of a type II landfill unit described in this subrule who fails to complete cover installation within the 6- month period shall be subject to all of the requirements of this part, unless otherwise specified. (5) All type II landfill units that receive waste on or after October 9, 1993, shall be in compliance with all of the requirements of this part unless otherwise specified. (6) An Owner or operator of A new type II landfill unit, existing type II landfill unit, or lateral extension of an existing unit that disposes of less than 20 tons of municipal solid waste daily, based on an annual average, is exempt from the design requirements of this part if there is no evidence of existing groundwater contamination from the type II landfill unit or lateral expansion if the type II landfill unit serves a community that experiences an annual interruption of not less than 3 consecutive months of surface transportation that prevents access to a regional waste management facility and if both of the following conditions are met: (a) The owner or operator of a new type II landfill unit, existing type II landfill unit, or lateral extension of an existing unit that meets the criteria shall demonstrate to the director that the criteria have been met and shall place documentation in the operating record that evidences compliance with the criteria. (b) The owner or operator of a new unit, existing unit, or lateral extension of an existing unit comply with the design requirements for type III landfills specified in R 299.4307. (7) If the owner or operator of a new type II landfill unit, existing type II landfill unit, or lateral extension of an existing unit has knowledge of groundwater contamination that results from the unit or expansion, then the owner or operator shall notify the director of the contamination and, thereafter, comply with all of the requirements of this part. (8) A type II landfill unit that does not satisfy the rules of this part is considered an open dump for purposes of the act and these rules and is prohibited.