R 299.4417 Type II landfill location restrictions; fault areas and seismic impact zones.

Rule 417. (1) New type II landfill units and lateral extensions of existing units shall not be located within 200 feet of a fault that has had displacement in holocene time, unless the owner or operator demonstrates to the director that an alternative setback distance of less than 200 feet will prevent damage to the structural integrity of the unit and will be protective of human health and the environment. (2) New type II landfill units and lateral extensions of existing units shall not be located in seismic impact zones, unless the owner or operator demonstrates to the director that all containment structures, including liners, leachate collection systems, and surface water control systems, are designed to resist the maximum horizontal acceleration in lithified earth material for the site. (3) The owner or operator of an existing disposal area shall record the demonstrations specified in subrules (1) and (2) of this rule, as applicable, in the operating record and notify the director that the demonstrations have been recorded in the operating record. (4) The owner and operator of a new disposal area shall include the demonstrations required by this rule in the construction permit application.