Sec. 11511a.

(1) A new coal ash landfill, a new coal ash impoundment, or a new lateral expansion of a coal ash landfill or impoundment shall comply with the requirements of R 299.4304, R 299.4305, and R 299.4307 to R 299.4317 of the part 115 rules, except that the minimum design standard for a new coal ash landfill, a new coal ash impoundment, or a new lateral expansion of a coal ash landfill or impoundment pursuant to R 299.4307(4) of the part 115 rules shall be solely R 299.4307(4)(b) of the part 115 rules and not R 299.4307(4)(a), (c), or (d) of the part 115 rules.

(2) A new coal ash landfill or coal ash impoundment or a new lateral expansion of a coal ash landfill or coal ash impoundment shall comply with the location requirements of R 299.4411 to R 299.4413 and R 299.4415 to 299.4418 of the part 115 rules, except that a new coal ash landfill or coal ash impoundment or a new lateral expansion of a coal ash landfill or coal ash impoundment shall maintain a permanent minimum clearance from the bottom of the primary liner of not less than 5 feet to the natural groundwater level.

(3) The department shall not issue a construction permit for a new coal ash landfill or new coal ash impoundment or a new lateral expansion of a coal ash landfill or coal ash impoundment unless all of the following apply:

(a) The landfill, impoundment, or expansion, respectively, complies with subsections (1) and (2), as applicable.

(b) The landfill, impoundment, or expansion, respectively, complies with R 299.4306 of the part 115 rules.

(c) The owner or operator has provided to the department a detection monitoring program in a hydrogeological monitoring plan that complies with R 299.4440 to R 299.4445 and R 299.4905 to R 299.4908 of the part 115 rules, as applicable. The waiver described in R 299.4440(2) of the part 115 rules is not available to coal ash impoundments or coal ash landfills. The constituents monitored in the detection monitoring program shall include all of the following:

(i) Boron.

(ii) Calcium.

(iii) Chloride.

(iv) Fluoride.

(v) Iron.

(vi) pH.

(vii) Sulfate.

(viii) Total dissolved solids.

(d) R 299.4440(3) and 299.4440(6) of the part 115 rules do not apply to coal ash impoundments or coal ash landfills.

(e) Groundwater sampling related to coal ash impoundments or coal ash landfills shall not be field filtered.

(f) The landfill, impoundment, or expansion, respectively, complies with 1 of the following:

(i) Section 11519b(2) and (4), if applicable.

(ii) A schedule, approved by the department, of remedial measures, including a sequence of actions or operations, that leads to compliance with this part within a reasonable time period but not more than 2 years after the effective date of the amendatory act that added this section.

(4) The constituents listed in this section shall be analyzed by methods specified in "Standard Methods for the Examination of Water and Wastewater, 19th Edition," published by the United States Environmental Protection Agency, or by other methods approved by the director or his or her designee.

History: Add. 2018, Act 640, Imd. Eff. Dec. 28, 2018 Compiler's Notes: Former MCL 324.11511a, which pertained to permit to construct, modify, or expand landfill, was repealed by Act 38 of 2004, Eff. Jan 1, 2006.Popular Name: Act 451Popular Name: NREPAPopular Name: Solid Waste Act