R 299.4114 Inert materials.

(_{Effective October 7, 1993; revised April 12, 1999}

Rule114.

            (1)  The use of inert material on land does not require a construction permit or operating license under the act.

            (2)  Except as specified in subrule (3) of this rule, all of the following are inert materials:

                        (a)  Rock.

                        (b)  Trees, stumps, and other land clearing debris that is buried on the site of generation, or other location approved by the landowner, if all of the following conditions are met:

                                    (i)  The burial is not in a floodplain or wetland.

                                    (ii)  The debris is buried not less than 4 feet above the level of the groundwater.

                                    (iii)  The burial does not violate other federal, state, or local law.

                                    (iv)  The burial does not create a nuisance.

                                    (v)  The amount of debris is not more than 1 acre in size and is not more than 20 feet in depth.

                        (c)  Excavated soil, except as provided in subrule (3) of this rule.

                        (d)  Construction brick, masonry, pavement, and broken concrete that is reused for fill, riprap, slope stabilization, or other construction if all of the following conditions are met:

                                    (i)  The use does not violate part 301 or part 303 of the act or subrule (3) of this rule.

                                    (ii)  The material does not include exposed reinforcing bars or other construction and demolition waste.

                                    (iii)  The owner or operator of a site that is intended to receive more than 1,000 cubic yards of construction brick, masonry, pavement and broken concrete notifies the director or his or her designee by submitting a form that is provided by the director.

                        (e)  Chipped tires used in the construction and operation of a sanitary landfill, if approved by the department.

                        (f)  Portland cement clinker produced by a cement kiln using solid waste as a fuel or feed stock, but not including cement kiln dust that is generated as a waste in the process.

                        (g)  Low-hazard industrial waste that, based on representative sampling, is in compliance with the inertness criteria contained in R 299.4115, if the generator notifies the director of the reuse, on a form provided by the department, and maintains characterization records for not less than 3 years.

                        (h)  Low-hazard industrial waste which is used as aggregate, road, or building material and which in ultimate use will be stabilized or bonded by cement, limes, or asphalt, if the waste is not stored in a manner constituting speculative accumulation before use.

                                    (i)  Other materials that are designated as inert for uses approved by the director based on either of the following:

                                    (i)  A petition that is submitted under R 299.4118.

                                    (ii)  An approval by the director before the effective date of these rules.

     (3)  Materials that are specified in subrule (2)(c) and (d) of this rule are not inert materials if they are contaminated by hazardous substances in concentrations sufficient to cause environmental contamination.  To determine whether a material is contaminated, a person may do either of the following:

                        (a)  Test the material in accordance with the test methods listed in R 299.4118.  A material shall not be considered contaminated if the concentration of hazardous substances in the material is less than the concentrations listed for inert materials in R 299.4115.

                        (b)  Apply knowledge of the material.  Materials that are specified in subrule (2)(c) and (d) of this rule are not contaminated unless they have been contaminated during use, such as by chemical spills, application of paint or coatings, or by changes in the material during use.