R 299.4418 Type II landfill location restrictions; unstable areas.

Rule 418. (1) Owners or operators of new units, existing units, and lateral extensions of existing units that are located in an unstable area shall demonstrate that engineering measures have been incorporated into a unit's design to ensure that the integrity of the structural components of the unit will not be disrupted. (2) An unstable area includes any of the following areas: (a) An area that is unstable due to the presence of active or inactive karst formations. (b) An area that is unstable due to the presence of sinkholes that are created by oil and gas drilling or other activities. (c) An area that is susceptible to mass movement where the downslope movement of soil under gravitational influence occurs. (d) An area where the groundwater level renders soils in an excavation unstable, unless the application provides engineering controls to prevent such instability. (e) An area that is otherwise susceptible to natural or human-induced events or forces that are capable of impairing the integrity of some or all of the landfill structural components which are responsible for preventing releases from a landfill. (3) The owner and operator shall consider all of the following factors, at a minimum, when determining whether an area is unstable: (a) On-site or local soil conditions that may result in significant differential settlement. (b) On-site or local geologic or geomorphologic features. (c) On-site or local human-made features or events, both surface and subsurface. (4) The owner or operator of an existing disposal area shall record the demonstration specified in subrule (1) of this rule in the operating record and notify the director that it has been recorded in an operating record. (5) The owner or operator of a new disposal area shall include the demonstration required in subrule (1) of this rule in the construction permit application for the area.