Michigan Compiled Laws
451-1994-II-3-115-2 - Subpart 2 Disposal Areas (324.11509...324.11521)
Section 324.11512h.added - Schedule for Operating and Monitoring an Active Gas Collection and Control System; Surface Emission Scans.

***** 324.11512h.added THIS ADDED SECTION IS EFFECTIVE MARCH 29, 2023 *****
Sec. 11512h.
(1) The owner or operator of a type II landfill shall begin operating and monitoring an active gas collection and control system in compliance with the following schedule:
(a) If the landfill is described in section 11512f(1)(a), within 90 days after the date of approval of the revised engineering plans.
(b) If the landfill is described in section 11512f(1)(b), within 1 year after the effective date of the amendatory act that added this section.
(2) The owner or operator of a type II landfill without an active gas collection and control system shall begin surface emission scans within 1 year after the effective date of the amendatory act that added this section.
(3) The owner or operator of a type II landfill shall install an active gas collection and control system in compliance with the following schedule:
(a) If the landfill is a new unit, a lateral expansion, or a lateral extension and if the approved design plan includes an active gas collection and control system, the initial active gas collection and control system must be installed before waste is accepted. An initial active gas collection and control system may include horizontal collectors installed directly above the leachate collection system or vacuum applied to the leachate collection risers, or both. The initial active gas collection and control system shall be operated upon detection of landfill gas pressure in a landfill cell, as determined by any of the following:
(i) Surface emission scans detecting methane at concentrations exceeding 500 parts per million above background that cannot be corrected within 1 quarterly period by following the procedures of 40 CFR 60.765(c)(4)(i) to (iv).
(ii) Positive pressure in leachate collection riser pipes.
(iii) Nuisance odors.
(iv) Visual evidence of gas emissions, such as stressed vegetation or gas bubbling through the cover.
(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, gas extraction wells at locations as shown in the approved engineering plans shall be installed as soon as practicable, but not later than 180 days after engineering plan approval, unless an extension is approved by the department.
(c) If the landfill does not have an active gas collection and control system, gas extraction wells at locations as shown in the approved engineering plans shall be installed as soon as practicable, but not later than 180 days after engineering plan approval, unless an extension is approved by the department.
(4) After waste placement and operation of the initial collection devices, if a location is identified to have methane emissions at concentrations exceeding 500 parts per million above background, the owner or operator of the landfill shall comply with 40 CFR 60.765(c)(4)(i) to (iv). If a location is identified to have methane emissions at concentrations exceeding 500 parts per million above background 3 times within a quarterly monitoring period, the owner or operator shall, within 120 days, install additional extraction devices in compliance with the approved engineering plans. The department may approve an alternative remedy or deadline.
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.