Section R. 299.4415 - Type II landfill location restrictions; floodplainsRule 415.
(1) An owner and operator of A new type II landfill unit, existing landfill unit, or lateral extension of an existing unit that is located within a floodplain shall demonstrate all of the following:(a) The unit will not restrict the flow of the 100-year flood.(b) The unit will not reduce the temporary water storage capacity of the floodplain.(c) The unit will not result in washout of solid waste so as to pose a hazard to human health and the environment.(d) The unit does not encroach upon the floodway and will not increase upstream or downstream flood stages.(e) The unit has a natural or compacted soil base which is not less than 10 feet thick and which is in compliance with the criteria specified in R 299.4912.(f) The distance from the normal water line of the water body to the solid waste boundary of the landfill will not be less than 500 feet.(g) The design of the landfill will include a dike to preclude floodwater inundation with a top elevation that is not less than 5 feet above the 100-year flood elevation.(2) The owner and operator of a new disposal area that is proposed in a floodplain shall obtain a permit under part 31 of the act and shall substantiate the need for the disposal area through an environmental assessment which considers alternatives and which assures that all potentially negative impacts can be mitigated.Mich. Admin. Code R. 299.4415