R 299.4117 Criteria for designating inert materials appropriate for specific reuse instead of virgin material.

(_{Effective October 7, 1993)}

Rule117. 

            (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 R 299.4115.

                        (b)  The material does not pose a threat to groundwater, as specified in R 299.4116, and the conditions of reuse will prohibit exposures that result in unacceptable risks as defined in R 299.5711.

                        (c)  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 299.4118 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 299.4118.

                                    (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.