R 299.4416 Type II landfill location restrictions; wetlands.

Rule 416. A new type II landfill unit and a lateral extension of an existing unit shall not be located in wetlands, unless the owner and operator can demonstrate all of the following to the director: (a) The owner or operator has obtained a permit under part 303 of the act and, to the extent required under part 303 of the act, has demonstrated that a practicable alternative to the proposed landfill that does not involve wetlands is not available. (b) Construction and operation of the type II landfill unit will not do any of the following: (i) Cause or contribute to violations of any applicable state water quality standard. (ii) Violate any applicable toxic effluent standard or prohibition under section 307 of the federal clean water act. (iii) Jeopardize the continued existence of endangered or threatened species, or result in the destruction or adverse modification of a critical habitat, that is protected under the federal endangered species act of 1973. (iv) Violate any requirement under the federal marine protection, research, and sanctuaries act of 1972 for the protection of a marine sanctuary. (c) The type II landfill unit shall not cause or contribute to a significant degradation of wetlands. The owner or operator shall demonstrate the integrity of the type II landfill unit and its ability to protect ecological resources by addressing all of the following factors: (i) Erosion, stability, and migration potential of native wetland soils, muds, and deposits that are used to support the unit. (ii) Erosion, stability, and migration potential of dredged and fill materials that are used to support the unit. (iii) The volume and chemical nature of the waste that is managed in the unit. (iv) Impacts on fish, wildlife, and other aquatic resources and their habitat from release of the solid waste. (v) The potential effects of a catastrophic release of waste to the wetland and the resulting impacts on the environment. (vi) Any additional factors, as necessary, to demonstrate that ecological resources in the wetland are sufficiently protected. (d) To the extent required under part 303 of the act, that steps have been taken to attempt to achieve no net loss of wetlands, as defined by acreage and function, by first avoiding impacts to wetlands to the maximum extent practicable as required by subdivision (b) of this rule, then minimizing unavoidable impacts to the maximum extent practicable, and finally offsetting remaining unavoidable wetland impacts through all appropriate and practicable compensatory mitigation actions, such as the restoration of existing degraded wetlands or creation of man- made wetlands. (e) Sufficient information is available to make a reasonable determination with respect to the demonstrations specified in subdivisions (a) to (d) of this rule.