R 299.9616 Surface impoundments.

Rule 616. (1) Owners or operators of facilities that use surface impoundments to treat or store hazardous waste shall comply with the requirements of 40 CFR part 264, subpart K, except 40 CFR 264.221(f). For new surface impoundments or replacements or lateral expansions of an existing portion of a surface impoundment or existing surface impoundments where liners are constructed of materials that might allow wastes to migrate into the liner, such as compacted clay, the liner must, at a minimum, be constructed in accordance with the standards for clay liners contained in R 299.9620(2) and be designed, constructed, and installed to prevent any migration of wastes out of the impoundment to the adjacent subsurface soil, groundwater, or surface water at any time during the active life, including the closure period, of the impoundment. (2) New surface impoundments or replacements or lateral expansions of an existing portion of a surface impoundment or existing surface impoundments must contain a leak detection, containment, and removal system designed, constructed, operated, and maintained in accordance with R 299.9622, unless exempted under that rule. (3) The owner or operator of an existing surface impoundment shall not close the impoundment as a landfill in accordance with the provisions of 40 CFR 264.228 unless both of the following provisions are complied with: (a) The site of the surface impoundment meets the location standards of R 299.9603 or can be engineered to meet these standards. (b) The director does either of the following: (i) Determines that all contaminated subsoils cannot be practicably removed. (ii) Issues an operating license for a facility alteration. (4) The provisions of 40 CFR part 264, subpart K, except 40 CFR 264.221(f), are adopted by reference in R 299.11003.