R 299.4419 Type II landfill location restrictions; closure of existing units; vertical expansions of existing units.

Rule 419. (1) Existing units that cannot make the demonstrations specified in R 299.4414 pertaining to airports, R 299.4415 pertaining to floodplains, or R 299.4418 pertaining to unstable areas shall close by October 9, 1996, in accordance with R 299.4448 and conduct postclosure activities in accordance with R 299.4449. The deadline for closure required by this rule may be extended up to 2 years if the owner or operator demonstrates both of the following to the director: (a) There is no alternative disposal capacity. (b) There is no immediate threat to human health or the environment. (2) An owner or operator of an existing unit or a preexisting unit that can make the demonstration specified in subrule (1) of this rule may apply for a construction permit for the vertical expansion of the unit if the applicant demonstrates compliance with subrule (5) of this rule. (3) The director shall approve the vertical expansion of a unit that is in compliance with R 299.4421(1) and (2). (4) The director shall not approve a vertical expansion of a type II landfill unit that does not comply with R 299.4421(1) and (2), except in either of the following cases: (a) The unit contains 2 or more liners and has a leak detection system between the liners and a leachate collection system capable of limiting the head on the primary liner, excluding the sump, to less than 1 foot. (b) The overfill is constructed with a composite liner system that drains leachate from the overfill to a unit which is in compliance with R 299.4421 (1) and (2), and both of the following conditions are met: (i) The overfilling only occurs over the portion of the existing unit that has slopes of more than 10%, unless either of the following conditions applies: (A) The existing unit has slopes of more than 4% and the director determines that little or no settlement will occur in the existing unit based on waste thickness, age, degree of compaction, and other factors. (B) Inert material is used as a wedge to create adequate slopes. Alternatively, the director shall approve the use of low-hazard industrial waste if the liner system of the unit is equivalent to the design required in part 3 of these rules. (ii) For unmonitorable units, the overfill contains a leak detection system that is in compliance with the leakage control criteria contained in R 299.4422(3). (5) The director shall approve the vertical expansion of a unit that meets the liner requirements of this rule if the applicant demonstrates that all of the following conditions are met: (i) The unit is stable and has a foundation, liner system, and leachate collection system that can support the overburden pressure. (ii) Leachate collection pipes in the unit will maintain a bottom slope of 0.5% or more, toward the sump, after consolidation settlement. (iii) The applicant submits plans for final cover that are in compliance with the final cover requirements specified in R 299.4425. (iv) The application is otherwise in compliance with the act and these rules and does not conflict with any remedial action at the facility.