Section R. 299.4420 - Type II landfill design standards; municipal solid waste incinerator ash landfillsRule 420.
(1) A new unit and a lateral extension of an existing unit at a type II landfill unit that accepts municipal solid waste incinerator ash shall be designed and constructed in accordance with section 11542 of the act, except that a municipal incinerator ash landfill that is an unmonitorable unit shall have a secondary leachate collection system and a flexible membrane liner as part of the secondary liner system.(2) An existing unit, new unit, and lateral extension of an existing unit at a landfill that accepts municipal solid waste incinerator ash shall be closed with a final cover that is in compliance with section 11542 of the act. Grades of the final cover shall be in compliance with R 299.4425.(3) An owner and operator of a new unit and a lateral extension of an existing unit at a municipal solid waste incinerator ash landfill shall ensure that all of the following requirements are complied with:(a) Leachate collection systems that are required by section 11542 of the act are in compliance with R 299.4423.(b) Secondary leachate collection or leak detection systems that are required by section 11542 of the act are in compliance with R 299.4424.(c) Compacted clay liners that are required by section 11542 of the act are in compliance with R 299.4913.(d) Flexible membrane liners that are required by section 11542 of the act are in compliance with R 299.4915.(4) The director shall approve a process to substantially diminish the toxicity of municipal solid waste incinerator ash or the leachability of the ash, instead of disposal that is required under section 11542(1) of the act, if the applicant for such a process demonstrates all of the following: (a) That, during storage or processing, ash will be contained within a tank, container, or waste pile that is in compliance with R 299.4130.(b) The process does not in any way dilute ash constituents as a substitute for adequate treatment.(c) The process does not create a nuisance.(d) The process will not produce fugitive dust or other emissions in violation of part 55 of the act.(e) The waste is tested after processing in accordance with the testing protocol of subrule (5) of this rule.(5) Municipal solid waste incinerator ash that is processed under section 11542 of the act shall be tested in accordance with the protocol specified in R 299.4118a on a frequency that is adequate to ensure that the criteria specified in subrules (6) and (7) of this rule are met. The applicant shall propose a leaching procedure to simulate native conditions in addition to the leaching procedure specified in R 299.4118a.(6) The director shall approve processed municipal solid waste incinerator ash for recycling or reuse if the processed ash is in compliance with the criteria for inert material that are specified in section 11504(2).(7) The director shall approve processed municipal solid waste incinerator ash for disposal in a type II landfill if the processed ash is in compliance with both of the following provisions: (a) The ash does not leach constituents in concentrations greater than the toxicity characteristic specified in R 299.9217 based on leaching tests under both acidic and native conditions.(b) Does not cause any emission that results in a violation of part 55 of the act or otherwise causes unacceptable risks to human health or the environment.Mich. Admin. Code R. 299.4420
1993 AACS; 1999 AACS; 2015 MR 5, Eff. March 11, 2015