Mich. Admin. Code R. 299.4117 - Criteria for designating inert materials appropriate for specific reuse instead of virgin material
Rule 117.
(1) A
person may petition the director to designate a solid waste as an inert
material appropriate for a specific type of reuse instead of virgin
material.
(2) The director shall
approve a petition pursuant to this rule if the petition demonstrates any of
the following:
(a) The material meets the
criteria of section 11553(5) or (6).
(b) The material does not pose a greater
hazard to human health and the environment during reuse than the virgin
material that it replaces when used in the following manner:
(i) As a component of concrete, grout ,
mortar, or casting molds.
(ii) When
used as a raw material in asphalt for road construction .
(iii) As aggregate, road, or building
material that, in ultimate use, will be stabilized or bonded by cement, limes,
or asphalt.
(iv) In other uses that
are approved by the director .
(3) A petition to designate a material as
inert for specific reuse shall contain the information specified in R 299.4118a
for all of the following:
(a) The waste
material itself.
(b) The product,
if any, that contains the waste as a component .
(c) Either or both of the following, if
necessary for comparison with the waste or waste product:
(i) The raw material that the waste
replaces.
(ii) The product, if any,
that contains raw material other than waste .
(4) A person may conduct a pilot project on
the suitability of using low-hazard industrial waste for a specific reuse if
all of the following conditions are met:
(a)
The amount used is not more than 100 tons.
(b) The person notifies the director or his
or her designee before use.
(c) The
person submits a report on the reuse, as specified in subrule (6) of this
rule.
(d) The person verifies that
the storage of low-hazard industrial waste awaiting the pilot project has not
resulted in environmental contamination .
(5) A person may petition the director to
designate a solid waste that is not in compliance with the definition of a
low-hazard industrial waste as an inert material for the purpose of conducting
a pilot project on the suitability of the waste for a specific reuse. The
director shall approve the petition if both of the following conditions are
met:
(a) The petition includes a detailed
description of the proposed pilot project , including all of the following:
(i) The location of the project .
(ii) A description of the waste , including a
characterization that complies with the provisions of R 299.4118a.
(iii) The volume of waste to be
used.
(iv) The nature of the reuse,
and a description of any processes that are required to convert the waste to a
product.
(v) The procedures for
conducting all testing on the final product to determine compliance with the
provisions of subrule (1) of this rule which ensure representative sampling of
the final product.
(vi) The
proposed completion date.
(b) The director determines that the project
does not pose an unacceptable risk of environmental contamination .
(6) A person who conducts a pilot
project pursuant to the provisions of this rule shall submit a final report to
the director or his or her designee within 90 days of the completion date that
describes the results of the project .
Notes
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