R 299.9508 Operating license application contents.

Rule 508. 

(1)  An application for an operating license shall include all of the following, except as provided for in subrule (3) of this rule:

            (a)  The names and addresses of the owner and the operator, including the name and address of the titleholder of the land on which the treatment, storage, or disposal facility is constructed; the location and description of the disposal facility; and other information pertinent to evaluation of the facility which is required by the director on an application form provided by the director.

            (b)  All information required for a construction permit application pursuant to R 299.9504.

            (c)  For a treatment, storage, or disposal facility which has a construction permit under part 111 of the act, any revisions to the cost estimates for closure and for postclosure maintenance and monitoring submitted with the construction permit application, and a written certification of construction pursuant to section 23(3) of part 111 of the act.

            (d)  A certification of the treatment, storage, or disposal facility's capability for disposing of hazardous waste, except as provided in subdivision (g) of this subrule.  The certification shall be prepared and sealed by a registered professional engineer.

            (e)  Proof of financial capability as required by part 7 of these rules.

            (f)  Proof of issuance of all necessary state environmental permits for construction and operation of the treatment, storage, or disposal facility or portion of the facility.

            (g)  An owner or operator of a facility which meets the criteria of R 299.9502(2), (3), and (4) who cannot demonstrate compliance as required under section 23(3) of part 111 of the act shall submit a written program designed to bring the facility into compliance with part 111 of the act and these rules within 2 years from the date of license issuance.  At a minimum, the program shall specify the necessary modifications to any procedure, equipment, process, or portion of the facility, together with the expected dates of completion. The provisions of this subdivision may only be exercised in the first operating license application after the effective date of these rules and shall not be exercised in subsequent applications for license renewal.

            (h)  A license fee of $500.00.

                        (i)  For a landfill, proof that an instrument imposing a restrictive covenant upon the land involved has been executed by all the owners of the tract of land upon which the landfill is to be located and by the director, as required by section 39 of part 111 of the act.

(2)  The director shall waive the hydrogeological report requirements of R 299.9506 for existing facilities other than landfills, surface impoundments, waste piles, or land treatment facilities if all treatment, storage, and waste-handling activities take place inside or under a structure that provides protection from precipitation and runon and if the facility is in compliance with part 6 of these rules.

(3)  An application for an operating license for the postclosure period shall include all of the following information, unless the director determines that additional information specified in R 299.9505, R 299.9506, or R 299.9508 is necessary:

            (a)  The information specified in 40 C.F.R. §270.14(b)(1), (4) to (6), (11), (13), (14), (18), and (19) and (d).

            (b)  The information specified in R 299.9506.

            (c)  The most recent postclosure cost estimate prepared in accordance with R 299.9702.

            (d)  A copy of the documentation required to demonstrate compliance with R 299.9703.

(4)  Owners or operators are required to submit the same information required in subrule (3) of this rule when an alternate authority is used in place of an operating license for the postclosure period as provided for in part 5 of these rules.

(5)  Operating license applications shall be signed and certified in accordance with the provisions of 40 C.F.R. §270.11 and by the title holder of the land upon which the facility is located.

(6)  The provisions of 40 C.F.R. §§270.11 and 270.14(b) and (d) are adopted by reference in R 299.11003.