R 299.9603 Location standards.

Rule 603. (1) Active portions of new treatment, storage, or disposal facilities or expansions, enlargements, or alterations of existing facilities shall not be located in any of the following areas: (a) Within 61 meters of a fault that had its displacement in Holocene time. (b) In a floodway designated by the department under part 31. (c) In a coastal high-risk area designated under part 323 of the act, MCL 324.32301 to 324.32315. (d) Over a sole-source aquifer or the recharge zone of a sole-source aquifer, unless the director grants an exemption to this provision based upon a demonstration by the applicant that the treatment, storage, or disposal facility will be located, designed, constructed, and operated in a manner that will prevent contamination of the aquifer. (e) Within that isolation distance from public water supplies specified by act 399. (f) In a wetland. (2) Unless otherwise allowed by an operating license under part 111 or subrule (3) of this rule, the following isolation distances must be maintained between the active portion of a new facility and adjacent commercial, residential, or recreational property lines: (a) For landfills, 150 meters. (b) For other facilities, 60 meters. (3) For purposes of subrule (2) of this rule, adjacent commercial, residential, and designated recreational property must not include public roads, railroads, or rights-of-way. However, the director may require greater isolation distances than those specified in subrule (2) of this rule, or allow lesser isolation distances, based on the following criteria: (a) The proposed design and operation of the facility. (b) The location of private water wells. (c) The potential for fugitive emissions in violation of part 55. (4) Treatment, storage, and disposal facilities shall not be located in a floodplain. The director may grant an exemption to the floodplain restrictions of this rule for treatment and storage facilities if either of the following conditions is met: (a) The facility is designed, constructed, operated, and maintained to prevent washout of any hazardous waste by a flood. (b) The owner or operator can demonstrate to the director that procedures are in effect that will cause the waste to be removed safely, before floodwaters can reach the facility, to a location where the wastes will not be vulnerable to the floodwaters. (5) Landfills, surface impoundments, and waste piles must only be located in areas where there is not less than 6 meters of soil with a maximum permeability of 1.0 x 10-6 centimeters per second at all points below and lateral to the liner or bottom of the landfill, surface impoundment, or waste pile, unless the owner or operator substitutes an engineered backup liner of equivalent design and demonstrates to the director that it provides equivalent environmental protection.