Sec. 11515.

(1) Upon receipt of a license application, the department or a health officer or an authorized representative of a health officer shall inspect the site and determine if the proposed operation complies with this part and the rules promulgated under this part.

(2) The department shall not license a landfill facility or coal ash impoundment operating without an approved hydrogeologic monitoring program until the department receives a hydrogeologic monitoring program and the results of the program. The department shall use this information in conjunction with other information required by this part or the rules promulgated under this part to determine a course of action regarding licensing of the facility consistent with section 4005 of subtitle D of the solid waste disposal act, title II of Public Law 89-272, 42 USC 6945, and with this part and the rules promulgated pursuant to this part. In deciding a course of action, the department shall consider, at a minimum, the health hazards, environmental degradation, and other public or private alternatives. The department may do any of the following:

(a) Revoke a license.

(b) Deny a license to a coal ash impoundment that has not been previously licensed under this part.

(c) Issue a timetable or schedule to provide for compliance for the landfill or coal ash impoundment, specifying a schedule of remedial measures, including a sequence of actions or operations, which leads to compliance with this part within a reasonable time period but not more than 1 year.

History: 1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 2018, Act 640, Imd. Eff. Dec. 28, 2018 Popular Name: Act 451Popular Name: NREPAPopular Name: Solid Waste Act