R 299.4412 Type II landfill location restrictions; horizontal isolation distances.

Rule 412. (1) The requirements of this rule apply to type II landfills that are new disposal areas. (2) A type II landfill shall be located and designed to ensure that the isolation distance between the active work area of the landfill and adjacent property is adequate to prevent the creation of nuisance conditions due to any of the following: (a) Noise in excess of the levels specified in R 299.4431. (b) Blowing papers. (c) Dust. (d) Odor. (e) Vectors. (f) Pest animals. (g) Equipment vibration. (3) An applicant for a type II landfill construction permit shall submit a management plan for controlling nuisance conditions and their impact on adjoining land uses. The plan shall include recommended isolation distances to prevent nuisances based on the environmental assessment submitted under R 299.4903. However, the director shall require greater isolation distances from adjacent property lines if the director determines that greater isolation is necessary to meet the performance standards of these rules. (4) The active work area at the facility shall not be located closer than 100 feet to adjacent property lines or road rights-of-way or closer than 300 feet to domiciles that exist at the time an advisory analysis is requested. In addition, the approval of an isolation distance that is less than 200 feet from adjacent property lines or road rights-of-way requires the existence of a berm which is not less than 8 feet high, which has a 4-foot fence on top, and which is constructed around the perimeter of the active work area or the existence of natural screening that offers equivalent protection. (5) The active work area of a type II landfill shall not be located within the following distances of surface waters: (a) Within 400 feet of inland lakes and streams, as defined in part 301 of the act, but not including drains, as defined by 1956 PA 40, MCL 280.1. The distance is equivalent to that isolation distance required from natural rivers by part 305 of the act. (b) Within 2,000 feet of the Great Lakes or Lake St. Clair. (6) The active work area of a type II landfill shall not be located within the isolation area of a wellhead which is used as a domestic or public water supply, as defined in Act 399, and which is in existence at the time an advisory analysis is requested for the disposal area under section 11510 of the act. Except as provided in subrule (7) of this rule, the isolation area shall be as follows: (a) The active work area shall be a minimum of 2,000 feet from wells that serve type I and type IIa water supplies, as defined in R 325.10502. (b) The active work area shall be a minimum distance of 800 feet from wells that serve type IIb and type III public water supplies, as defined in R 325.10502, and from off-site domestic wells. The 800-foot isolation distance to off-site domestic wells does not apply when the domestic well is located on property owned by the facility, provided that adequate monitoring of the domestic well is required by the facility’s hydrogeological monitoring plan or an appendix to that plan. This well shall not be removed from the facility’s hydrogeological monitoring plan without department approval. (7) The director shall require an increase or approve a decrease in the isolation area to a public water supply based on the hydrogeological report and Act 399. (8) The requirements of this rule do not apply to type II landfills that are new disposal areas located within the footprint of the existing disposal areas.