Section R. 299.4444 - Type II landfill corrective action; remedy selection and remedial action planRule 444.
(1) Based on the results of the corrective measures assessment pursuant to R 299.4443, the owner and operator shall propose to the director a remedy that, at a minimum, meets the standards specified in subrule (2) of this rule. The owner and operator shall, within 14 days of selecting a remedy, submit to the director a proposed remedial action plan which is in compliance with part 201 of the act and which describes the selected remedy and how it meets the standards of part 201 of the act. The proposed remedial action plan shall be placed in the operating record.(2) Remedies that are proposed by an owner or operator shall be in compliance with all of the following provisions:(a) Be protective of human health and the environment.(b) Be able to attain the groundwater protection standard as specified in R 299.4441.(c) Control the source or sources of releases so as to reduce or eliminate, to the maximum extent practicable, further releases of R 299.4450 to R 299.4452 and appendix II constituents into the environment that may pose a threat to human health or the environment.(d) Be in compliance with standards for the management of wastes as specified in R 299.4445(4).(3) In selecting a remedy that is in compliance with the standards of subrule (2) of this rule, the owner or operator shall consider all of the following evaluation factors: (a) The long- and short-term effectiveness and protectiveness of the potential remedy or remedies, together with the degree of certainty that the remedy will prove successful based on a consideration of all of the following:(i) The magnitude of the reduction of existing risks.(ii) The magnitude of residual risks in terms of the likelihood of further releases due to waste that remains after the implementation of a remedy.(iii) The type and degree of long-term management required, including monitoring, operation, and maintenance.(iv) Short-term risks that might be posed to the community, workers, or the environment during the implementation of a remedy, including the potential threats to human health and the environment that are associated with excavation, transportation, and the redisposal of contaminants.(v) Time until full protection is achieved.(vi) The potential for the exposure of humans and environmental receptors to remaining wastes, considering the potential threat to human health and the environment that is associated with excavation, transportation, redisposal, or containment.(vii) The long-term reliability of the engineering and institutional controls.(viii) The potential need for replacement of the remedy.(b) The effectiveness of the remedy in controlling the source to reduce further releases based on a consideration of both of the following factors: (i) The extent to which containment practices will reduce further releases.(ii) The extent to which treatment technologies may be used.(c) The ease or difficulty of implementing a potential remedy or remedies based on a consideration of all of the following types of factors:(i) The degree of difficulty that is associated with constructing the technology.(ii) The expected operational reliability of the technologies.(iii) The need to coordinate with, and obtain necessary approvals and permits from, other agencies.(iv) The availability of necessary equipment and specialists.(v) The available capacity and location of needed treatment, storage, and disposal services.(d) The practicable capability of the owner or operator, including a consideration of the technical and economic capability.(e) The degree to which community concerns are addressed by a potential remedy or remedies.(4) The owner and operator shall specify, as part of the remedial action plan, a schedule for initiating and completing remedial activities. The schedule shall require the initiation of remedial activities within a reasonable period of time approved by the director, taking into consideration the factors set forth in this subrule. The owner or operator shall consider all of the following factors in determining the schedule of remedial activities:(a) The extent and nature of contamination.(b) The practical capabilities of remedial technologies in achieving compliance with groundwater protection standards established pursuant to R 299.4441(9) and other objectives of the remedy.(c) The availability of treatment or disposal capacity for wastes that are managed during implementation of the remedy.(d) The desirability of utilizing technologies which are not currently available, but which may offer significant advantages over already available technologies in terms of effectiveness, reliability, safety, or ability to achieve remedial objectives.(e) The potential risks to human health and the environment from exposure to contamination before completion of the remedy.(f) The resource value of the aquifer, including all of the following information: (i) The current and future uses.(ii) The proximity and withdrawal rate of users.(iii) The groundwater quantity and quality.(iv) The potential damage to wildlife, crops, vegetation, and physical structures caused by exposure to waste constituent.(v) The hydrogeologic characteristic of the facility and surrounding land.(vi) Groundwater removal and treatment costs.(vii) The cost and availability of alternative water supplies.(g) The practicable capability of the owner or operator.(h) Other relevant factors.(5) The director shall not approve a remedial action plan that relies upon criteria other than the groundwater protection standard specified in the provisions of R 299.4441, unless the owner or operator demonstrates, to the satisfaction of the director, any of the following:(a) The groundwater is additionally contaminated by substances that have originated from a source other than a unit and those substances are present in concentrations such that cleanup of the release from the unit would not provide a significant reduction in risk to actual or potential receptors.(b) The constituent or constituents are present in groundwater that is neither of the following: (i) Currently, or reasonably expected to be, a source of drinking water.(ii) Hydraulically connected with waters to which the hazardous constituents are migrating or are likely to migrate in a concentration or concentrations that would exceed the groundwater protection standards established pursuant to R 299.4441.(c) Remediation of the release or releases is technically impracticable.(d) Remediation results in unacceptable cross-media impacts.(6) A determination by the director pursuant to subrule (5) of this rule shall not affect the authority of the director to require the owner or operator to undertake source control measures or other measures that may be necessary to eliminate or minimize further releases to the groundwater, to prevent exposure to the groundwater, or to remediate the groundwater to concentrations that are technically practicable and significantly reduce threats to human health or the environment.(7) The director shall evaluate proposed remedies utilizing the criteria specified in this rule and part 201 of the act.Mich. Admin. Code R. 299.4444