Section R. 299.4439 - Type II landfill groundwater monitoring and corrective action; applicabilityRule 439.
(1) The requirements of R 299.4440 to R 299.4445 apply to all type II landfill units, except as provided in subrules (2) and (6) of this rule.(2) An owner or operator of a type II landfill may petition the director to reduce or waive certain groundwater monitoring requirements specified in R 299.4440 to R 299.4445 if the owner or operator can demonstrate that there is no potential for the migration of hazardous constituents from that type II landfill unit to the uppermost aquifer during the active life of the unit and the post-closure care period. This demonstration shall be certified by a qualified groundwater scientist and approved by the director and shall be based upon both of the following: (a) Site-specific field collected measurements, sampling, and analysis of physical, chemical, and biological processes that affect contaminant fate and transport.(b) Contaminant fate and transport predictions that maximize contaminant migration and consider impacts on human health and the environment.(3) The director shall waive sampling and analysis for secondary organic constituents specified in R 299.4454 upon a demonstration by the owner or operator that the criteria of subrule (2) of this rule are met by the following conditions: (a) The landfill unit will have an active life less than 20 years.(b) The landfill unit meets both the location criteria of R 299.4422(3) and the design criteria of R 299.4422(4), which provide for a secondary collection system.(c) The constituents have not been detected in the secondary collection system.(4) Owners and operators of type II landfill units shall comply with the groundwater monitoring requirements of this part before waste can be placed in the unit.(5) Once established at a type II landfill unit, groundwater monitoring shall be conducted throughout the active life and 30-year post-closure care period of that unit as specified in R 299.4449.(6) In addition to the requirements of subrule (4) of this rule, owners and operators of preexisting landfill units shall comply with the groundwater monitoring plan for the unit approved by the director before the effective date of this rule, unless a new plan is approved by the director.Mich. Admin. Code R. 299.4439