Michigan Compiled Laws
451-1994-II-3-115-2 - Subpart 2 Disposal Areas (324.11509...324.11521)
Section 324.11512f.added - Type II Landfill; Revised Engineering Plans; Compliance Requirements; Report.

***** 324.11512f.added THIS ADDED SECTION IS EFFECTIVE MARCH 29, 2023 *****
Sec. 11512f.
(1) The owner or operator of a type II landfill shall submit to the department revised engineering plans and reports required by this section in compliance with the following schedule:
(a) If, on the effective date of the amendatory act that added this section, the landfill has an active gas collection and control system and is subject to monthly wellhead monitoring pursuant to the new source performance standards under 40 CFR part 60, the owner or operator shall submit revised engineering plans that incorporate the approved new source performance standard plans within 90 days after the effective date of the amendatory act that added this section. The revised plans need not require upgrading of the initial active gas collection and control system in previously constructed areas unless it is necessary to correct surface emissions of methane at concentrations exceeding 500 parts per million above background that cannot be corrected within 1 quarterly monitoring period by following the procedures of 40 CFR 60.765(c)(4)(i) to (iv), to correct a nuisance odor violation, or to maintain vacuum requirements at the wellhead located farthest from the blower. The design requirements of section 11512b(2) apply to lateral extensions, lateral expansions, and all new units at the facility.
(b) If, on the effective date of the amendatory act that added this section, the landfill has an active gas collection and control system and is not subject to monthly wellhead monitoring pursuant to the new source performance standards under 40 CFR part 60, the owner or operator shall submit revised plans within 1 year after the effective date of the amendatory act that added this section. The revised plans need not require upgrading of the initial system in previously constructed areas unless it is necessary to correct surface emissions exceeding 500 parts per million of methane above background that cannot be corrected within 1 quarterly monitoring period by following the procedures of 40 CFR 60.765(c)(4)(i) to (iv), to correct a nuisance odor violation, or to maintain vacuum requirements at the well located furthest from the blower. The design requirements of section 11512b(2) apply to lateral extensions and all new units at the landfill.
(c) If, on the effective date of the amendatory act that added this section, the landfill does not have an active gas collection and control system, the owner or operator shall submit revised plans for an active gas collection and control system within 1 year after detecting surface methane emissions at concentrations exceeding 500 parts per million above background that cannot be corrected within 1 quarterly monitoring period by following the procedures of 40 CFR 60.765(c)(4)(i) to (iv) or within 1 year after the department documents a nuisance odor violation, unless an extension of the deadline is approved by the department. The revised plans need not include upgrading of the initial system in all previously constructed areas. The revised plans shall address the areas causing the surface emissions exceedance or nuisance odor violation plus all future lateral extensions at the landfill. The design requirements of section 11512b(2) apply to the proposed active gas collection and control system. Construction of the system shall be completed within 180 days after the department approves the revised engineering plans, unless an extension is approved by the department.
(d) If the landfill is a new unit or lateral expansion, the owner or operator must submit engineering plans and reports for an active gas collection and control system before the department issues a solid waste disposal area construction permit.
(2) The design plans and engineering reports for a type II landfill required by part 115 shall be sufficient to demonstrate compliance with 40 CFR 60.759. The engineering reports shall include a monitoring plan that is sufficient to demonstrate compliance with section 11512d. The department shall incorporate the design plans and engineering reports into the landfill's solid waste disposal area construction permit and solid waste disposal area operating license.
(3) Within 45 days after the end of each state fiscal year, the owner or operator of a type II landfill shall update engineering plans to show the as-built location of all active gas collection and control system components, unless no changes have been made. The update shall include plan views and details for any changes proposed but not previously approved. The plan views shall include proposed wells and collection headers to collect landfill gas from the landfill in future final stages as well as as-built locations for all components above grade and currently functioning below grade.
(4) The owner or operator of a type II landfill shall submit plans to the department before beginning an active gas collection and control system expansion project. Repairs, changes, or installations are not considered to be an expansion project if they are minor and necessary for proper maintenance of the existing active gas collection and control system. The plans shall identify gas extraction well locations, include a schedule of extraction well depths, and identify gas well pump locations, compressed air and pump force main locations, header and lateral vacuum pipe locations, condensate drip leg and sump locations, and any other relevant infrastructure, as well as construction details for these items. If, during construction, conditions require that any of the approved or proposed extraction well locations deviate more than 50 feet from the proposed location or more than 25% from the proposed depth, the owner or operator shall submit to the department 1 of the following:
(a) A statement from a licensed professional engineer that the gas wells installed will provide adequate control of landfill gas emissions and meet the intent of the design.
(b) A schedule for installing additional gas collectors to meet the design requirements included with the approved engineering plans.
(5) Within 180 days after completion of construction of portions of the active gas collection and control system, the owner or operator shall submit to the department a documentation report by a construction quality assurance officer or other department-approved designee of the landfill owner or operator that the construction complies with part 115 and the engineering plans approved by the department. All of the following information shall accompany the documentation report:
(a) A daily activity log, containing all of the information required by R 299.4921(3) of the MAC.
(b) Landfill gas well logs that include all of the following:
(i) Observations of the depth, composition, degree of decay, temperature, and moisture content of the waste.
(ii) Details of the construction of the well including borehole size and depth, pipe size and type, perforated length, aggregates utilized, soils utilized, and the location and types of seals utilized.
(c) An as-built engineering plan view of the active gas collection and control system with the location of existing wells and headers and the location of newly installed wells, headers, and other active gas collection and control system infrastructure.
History: Add. 2022, Act 245, Eff. Mar. 29, 2023 Popular Name: Act 451Popular Name: NREPAPopular Name: Solid Waste Act

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 324 - Natural Resources and Environmental Protection

Act 451 of 1994 - Natural Resources and Environmental Protection Act (324.101 - 324.90106)

Article II - Pollution Control (324.3101...324.21563)

451-1994-II-3 - Chapter 3 Waste Management (324.11101...324.12118)

451-1994-II-3-115 - Part 115 Solid Waste Management (324.11501...324.11587.added)

451-1994-II-3-115-2 - Subpart 2 Disposal Areas (324.11509...324.11521)

Section 324.11509 - Construction Permit for Establishment of Disposal Area; Application; Engineering Plan; Construction Permit Application Fee for Landfill; Construction Permit for Solid Waste Transfer Facility, Solid Waste Processing Plant, or Other...

Section 324.11509.amended - Construction Permit for Establishment of Disposal Area; Application; Engineering Plan; Construction Permit Application Fees; Resubmission of Application With Additional Information and Fee; Modification or Renewal of Permi...

Section 324.11510 - Advisory Analysis of Proposed Disposal Area; Duties of Department Upon Receipt of Construction Permit Application.

Section 324.11510.amended - Advisory Analysis of Proposed Disposal Area; Duties of Department Upon Receipt of Construction Permit Application.

Section 324.11511 - Construction Permit; Approval or Denial of Issuance; Expiration; Renewal; Fee; Additional Relevant Information; Conditions to Issuance of Construction Permit for Disposal Area.

Section 324.11511.amended - Construction Permit; Approval or Denial of Issuance; Expiration; Renewal; Fee.

Section 324.11511a - Coal Ash Landfill, Coal Ash Impoundment, or Lateral Expansion of Landfill or Impoundment; Standard and Location Requirements; Construction Permit; Detection Monitoring Program.

Section 324.11511a.amended - Coal Ash Landfill, Coal Ash Impoundment, or Lateral Expansion of Landfill or Impoundment; Standard and Location Requirements; Construction Permit; Detection Monitoring Program.

Section 324.11511b - Rddp.

Section 324.11511b.amended - Rddp; Research, Development, and Demonstration Project.

Section 324.11512 - Disposal of Solid Waste at Licensed Disposal Area; License Required to Conduct, Manage, Maintain, or Operate Disposal Area; Application; Contents; Fee; Certification; Resubmitting Application; Additional Information or Corrections...

Section 324.11512.amended - Disposal of Solid Waste at Licensed Disposal Area; License Required to Conduct, Manage, Maintain, or Operate Disposal Area; Application; Contents; Fee; Certification; Resubmitting Application; Additional Information or Cor...

Section 324.11512a - Issuance of License for Coal Ash Landfill or a Coal Ash Impoundment; Requirements.

Section 324.11512b.added - Active Gas Collection and Control System; Prevention of the Migration of Explosive Gases; System Requirements; Compliance With Gas Migration Monitoring Plan; Alternative Gas Venting.

Section 324.11512d.added - Installation of Monitoring Port; Sampling of Gas Extractions for Effectiveness; Surface Monitoring Design Plan; Submission and Retention of Records.

Section 324.11512f.added - Type II Landfill; Revised Engineering Plans; Compliance Requirements; Report.

Section 324.11512h.added - Schedule for Operating and Monitoring an Active Gas Collection and Control System; Surface Emission Scans.

Section 324.11513 - Acceptance of Solid Waste or Municipal Solid Waste Incinerator Ash for Disposal; Applicability of Subsection (1) to Coal Ash; Enforcement.

Section 324.11513.amended - Operation of Solid Waste Processing and Transfer Facility; Notification and Reporting Requirements; Registration Application; Applicability to Existing Operations.

Section 324.11514 - Promotion of Recycling and Reuse of Materials; Electronics Recycling; Materials Prohibited From Disposal in Landfill; Disposal of Yard Clippings; Report.

Section 324.11514.amended - Materials Prohibited From Disposal in Landfill; Disposal of Yard Clippings; Notice of Prohibitions; Report.

Section 324.11514b - Disposal of Certain Technologically Enhanced Naturally Occurring Radioactive Material (Tenorm) in Type II Landfill Prohibited; Annual Report; Disposal Requirements; Tenorm Defined.

Section 324.11514b.amended - Disposal of Certain Technologically Enhanced Naturally Occurring Radioactive Material (Tenorm) in Type II Landfill Prohibited; Annual Report; Disposal Requirements; Tenorm Defined.

Section 324.11515 - Inspection of Site; Compliance; Hydrogeologic Monitoring Program as Condition to Licensing Landfill Facility; Determining Course of Action; Revocation or Denial of License; Issuance of Timetable or Schedule.

Section 324.11515.amended - Inspection of Site; Compliance With Part 115 as Condition of Eligibility for Permit, License, or Registration; Written Inspection Report; Authorized Representative Defined.

Section 324.11516 - Final Decision on License Application; Time; Effect of Failure to Make Final Decision; Expiration and Renewal of Operating License; Fee; Entry on Private or Public Property; Inspection or Investigation; Conditions to Issuance of O...

Section 324.11516.amended - Final Decision on License Application; Expiration and Renewal of Operating License; Issuance of License as Authority to Accept Waste for Disposal; Final Exterior Landfill Slope Requirements.

Section 324.11517 - Plan for Program Reducing Incineration of Noncombustible Materials and Dangerous Combustible Materials and Other Hazardous By-Products; Approval or Disapproval; Considerations; Modifications; Revised Plan; Implementation; Operatio...

Section 324.11517.amended - Approval of Closure Certification and Postclosure Plan; Modification of Postclosure Care Period; Release From Postclosure Care; Duties of Owner or Operator.

Section 324.11518 - Sanitary Landfill; Coal Ash Impoundment; Instrument Imposing Restrictive Covenant on Land; Filing; Contents of Covenant; Authorization; Special Exemption; Construction of Part.

Section 324.11518.amended - Landfill and Coal Ash Impoundment; Instrument Imposing Restrictive Covenant on Land; Filing; Contents of Covenant; Authorization; Exemption; Construction of Part 115.

Section 324.11519 - Specifying Reasons for Denial of Construction Permit or Operating License; Cease and Desist Order; Grounds for Order Revoking, Suspending, or Restricting Permit or License; Contested Case Hearing; Judicial Review; Inspection; Repo...

Section 324.11519.amended - Specifying Reasons for Denial of Permit, Operating License, or Registration; Cease and Desist Order; Grounds for Order Revoking, Suspending, or Restricting Permit, License, or Registration; Contested Case Hearing; Violatio...

Section 324.11519a - Duties of Owner or Operator of a Coal Ash Impoundment or a Coal Ash Landfill; Compliance With Federal Regulations; Assessment.

Section 324.11519b - Placement of Coal Ash and Associated Liquids; Assessment Monitoring Program; Response Action Plan; Closure of Facility.

Section 324.11519b.amended - Placement of Coal Ash and Associated Liquids; Assessment Monitoring Program; Response Action Plan; Closure of Facility.

Section 324.11519c - Groundwater Contamination in Unlined Coal Ash Impound; Owner or Operator Duties; "Unlined Coal Ash Impoundment" Defined.

Section 324.11520 - Disposition of Fees; Special Fund; Disposition of Solid Waste on Private Property.

Section 324.11520.amended - Disposition of Fees; Special Fund; Disposition of Solid Waste on Private Property.

Section 324.11521 - Yard Clippings; Management; Means; Temporary Accumulation; Requirements; Composting on Farm; Qualification as Registered Composting Facility; Site at Which Yard Clippings Are Managed.