Section R. 299.9639 - Disposal of corrective action management unit-eligible waste in hazardous waste landfillsRule 639.
(1) The director with regulatory oversight at the location where the cleanup is taking place may approve the placement of corrective action management unit-eligible waste in hazardous waste landfills not located at the site from which the waste originated, without the waste meeting the requirements of 40 C.F.R. part 268, if all of the following conditions are met: (a) The waste meets the definition of corrective action management unit-eligible waste in R 299.9102.(b) The director with regulatory oversight at the location where the cleanup is taking place identifies principal hazardous constituents in such wastes, pursuant to R 299.9635(12)(d), and requires that such principal hazardous constituents are treated to any of the following standards specified for corrective action management unit-eligible waste: (i) The treatment standards in R 299.9635(12)(d).(ii) The treatment standards adjusted pursuant to R 299.9635(13)(a), (c), (d), or (e)(i).(iii) The treatment standards adjusted pursuant to R 299.9635(13)(e)(ii), where treatment has been used and that treatment significantly reduces the toxicity or mobility of the principal hazardous constituents in the waste, minimizing the short-term and long-term threat posed by the waste, including the threat at the remediation site.(c) The hazardous waste landfill receiving the corrective action management unit-eligible waste shall meet all of the following requirements: (i) Have an operating license issued under part 111 of the act and these rules or, if out-of-state, have a comparable enforceable mechanism issued under the regulations governing the receiving landfill.(ii) Meet the requirements for new landfills in part 6 of these rules or, if out-of-state, meet comparable requirements in the regulations governing the receiving landfill.(iii) Be authorized to accept corrective action management unit-eligible waste.(2) The person seeking approval for disposal of corrective action management unit-eligible waste shall provide sufficient information to enable the director with regulatory oversight at the location where the cleanup is taking place to approve placement of the waste pursuant to subrule (1) of this rule. The information required pursuant to R 299.9635(11) for corrective action management unit applications shall be provided, unless it is not reasonably available.(3) The director with regulatory oversight at the location where the cleanup is taking place shall provide public notice and a reasonable opportunity for public comment before approving corrective action management unit-eligible waste for placement in an off-site licensed hazardous waste landfill, or, if out-of-state, in a hazardous waste landfill with a comparable enforceable mechanism issued under the governing regulations, consistent with the requirements for corrective action management unit approval in R 299.9635(17). The approval shall be specific to a single remediation.(4) Applicable hazardous waste management requirements in part 6 of these rules, including recordkeeping requirements to demonstrate compliance with treatment standards approved under R 299.9635 and this rule, or, if out-of-state, comparable requirements, for corrective action management unit-eligible waste shall be incorporated into the receiving facility license or, if out-of-state, the comparable enforceable mechanism through issuance or modification, providing notice and an opportunity for comment and a hearing. A landfill may not receive hazardous corrective action management unit-eligible waste under this rule unless its operating license or comparable enforceable mechanism specifically authorizes receipt of such waste.(5) With respect to each remediation activity, corrective action management unit-eligible waste shall not be placed in an off-site landfill authorized to receive the waste pursuant to subrule (4) of this rule until all of the following conditions have been met: (a) The owner or operator of the landfill notifies the director responsible for oversight of the landfill and persons on the facility mailing list of his or her intent to receive corrective action management unit-eligible waste pursuant to this rule. The notice shall identify the source of the remediation waste, the principal hazardous constituents in the waste, and the treatment requirements.(b) Persons on the facility mailing list may provide comments, including objections to the receipt of the corrective action management unit-eligible waste, to the director within 15 days of notification.(c) The director may object to the placement of the corrective action management unit-eligible waste in the landfill within 30 days of notification. The director may extend the review period an additional 30 days because of public concerns or insufficient information.(d) Corrective action management unit-eligible wastes may not be placed in the landfill until the director has notified the facility owner or operator that he or she does not object to its placement.(e) If the director objects to the placement or does not notify the facility owner or operator that he or she has chosen not to object, the facility may not receive the waste until the objection has been resolved, or the owner or operator obtains an operating license or, if out-of-state, a comparable enforceable mechanism, modification in accordance with R 299.9519 or, if out-of-state, the governing requirements, specifically authorizing receipt of the waste.(f) As part of the operating license or, if out-of-state, a comparable enforceable mechanism, issuance or modification process in subrule (4) of this rule, the director may modify, reduce, or eliminate the notification requirements of this subrule as they apply to specific categories of corrective action management unit-eligible waste, based on minimal risk.(6) Generators of corrective action management unit-eligible wastes sent off-site to a hazardous waste landfill under this rule shall comply with 40 C.F.R. §268.7(a)(4).(7) Off-site facilities treating corrective action management unit-eligible wastes to comply with this rule shall comply with the requirements of 40 C.F.R. §268.7(a)(4), or if out-of-state, the requirements governing such wastes, except that the certification shall be with respect to the treatment requirements of subrule (1)(b) of this rule or, if out-of-state, the governing treatment requirements.(8) For the purposes of this rule only, the "design of the corrective action management unit" in R 299.9635(13)(e) means design of the licensed hazardous waste landfill.Mich. Admin. Code R. 299.9639