Mich. Admin. Code R. 285.642.1 - Definitions
Rule 1.
(1) As used
in these rules:
(a) "Approved" means approval
by the director of the department or his or her representative.
(b) "Appurtenances" mean any of the following
which are connected to a bulk fertilizer container or which are used for
transferring bulk fertilizer between containers:
(i) Valves.
(ii) Gauges.
(iii) Portable manufacturing units.
(iv) Pumps.
(v) Fittings.
(vi) Hoses.
(vii) Mixing containers.
(viii) Plumbing.
(ix) Metering devices.
(c) "Aqua ammonia" means an aqueous solution
of anhydrous ammonia which generally contains 18% to 30% of ammonia (NH3) by
weight and which has a vapor pressure that usually varies from 0 to 10 pounds
per square inch gauge (psig) at 104 degrees Fahrenheit.
(d) "Bulk fertilizer" means fluid fertilizer
in a single container that has a capacity of more than 2,500 United States
gallons, or a combined total capacity for all storage containers or tanks
located at a single site or location greater than 7,500 United States gallons.
For purposes of this rule, use solutions and rinsates are bulk fertilizers if
they are in containers that meet the capacities specified in this
subdivision.
(e) "Department" means
the Michigan department of agriculture.
(f) "Discharge" means an uncontained release
to the environment in a quantity that is more than 55 United States gallons of
bulk fertilizer. "Discharge" does not include a fully contained transfer of
bulk fertilizer that is made pursuant to storage, distribution, or intended
agronomic use.
(g) "Elephant ring"
means a storage container which has an open top and which serves as a secondary
containment vessel into which a primary storage container with a smaller volume
is placed.
(h) "Existing bulk
storage facility" means a facility that on the effective date of this rule, is
being used to store or hold bulk fertilizers where the location of bulk
containers remains the same whether bulk containers are replaced, added to, or
reorganized.
(i) "Farm" means the
land, plants, animals, buildings, structures, including ponds used for
agricultural or aquacultural activities, machinery, equipment, and other
appurtenances used in the commercial production of farm products.
(j) "Farm fertilizer bulk storage" means the
storage of bulk fertilizer by an agricultural producer for use in an
agricultural operation that is owned, operated, or controlled by that
producer.
(k) "Farm storage
facility" means a facility which is used to store or hold bulk fertilizer and
which is owned, operated, controlled, or leased as part of the farm operation
or by a person who uses bulk fertilizer for his or her own agricultural
use.
(l) "Fertilizer" means a
substance containing 1 or more recognized plant nutrients, which substance is
used for its plant nutrient content and which is designed for use, or claimed
to have value, in promoting plant growth. Fertilizer does not include
unmanipulated animal and vegetable manures, marl, lime, limestone, wood ashes,
and other materials exempted by rules promulgated under this part.
(m) "Field operations" means the application
of fertilizer to soil or plants in the course of normal agricultural or
horticultural practice.
(n)
"Floodplain", for the purpose of this rule, means any land area that is subject
to a 1% or greater chance of flooding. This is equivalent to a 100-year
flood.
(o) "Fluid fertilizer" means
fertilizer in fluid form and includes solutions, emulsions, suspensions, and
slurries. "Fluid fertilizer" does not include anhydrous ammonia.
(p) "Groundwater" means underground water
within the zone of saturation.
(q)
"Mobile container" means a container designed or used for transporting
fertilizer.
(r) "New bulk storage
facility" means a storage facility as designated by the director or a storage
facility that locates new, used, or refurbished bulk containers where, before
the effective date of this rule, bulk storage was not conducted.
(s) "Operational area" means an area or areas
at a farm storage facility where bulk fertilizers are transferred, loaded,
unloaded, mixed, or refilled.
(t)
"Operational area containment" means any structure or system that is designed
and constructed to effectively intercept and contain spills, container or
equipment washwater, and precipitation to prevent the runoff or leaching of
fertilizer from an operational area.
(u) "Primary containment" means the storage
of bulk fertilizer in storage containers at a storage facility.
(v) "Rinsate" means the liquid that is
generated from the rinsing of the interior surface of any fertilizer
application equipment or fertilizer container that has come in direct contact
with any fertilizer. "Rinsate" includes the liquid that is generated by
cleaning a containment area in accordance with the provisions of R
285.642.10(2).
(w) "Secondary
containment" means any structure, including dikes, that is effectively designed
and constructed to contain spills or leaks and to prevent escapes, runoff, and
leaching of fertilizer from bulk storage containers and
appurtenances.
(x) "Spill" means a
contained release, within a containment area or operational pad, in a quantity
that is more than 55 United States gallons of bulk fertilizer. "Spill" does not
include a fully contained transfer of bulk fertilizer that is made pursuant to
storage, distribution, or intended agronomic use.
(y) "Storage container" means a container,
rail car, nurse tank, or mobile container that is used for the storage of bulk
fertilizer. "Storage container" does not include any of the following:
(i) A mobile container that stores bulk
fertilizer at a farm storage facility for less than 30 consecutive
days.
(ii) A mobile container that
is located other than on property which is owned, operated, or controlled by an
owner or operator of a farm storage facility for less than 30 consecutive
days.
(iii) A container which is
2,500 gallons or less and which is used solely as emergency storage for leaking
fertilizer containers.
(z) "Sump" means any catch basin, pit, or
reservoir, and those trenches and troughs connected to them, that serve to
collect liquid.
(aa) "Surface
water", for the purposes of this rule, means a body of water that has its top
surface exposed to the atmosphere and includes lakes, ponds, or water holes
that cover an area greater than 0.25 acres and streams, rivers, or waterways
that maintain a flow year-round. "Surface water" does not include waterways
with intermittent flow.
(bb)
"Washwater" means the liquid that is generated from rinsing the exterior
surfaces of application, handling, storage, transportation, or nurse equipment.
"Washwater" does not include the liquid that is generated by cleaning a containment area in accordance with the provisions of R 285.642.10(2).
Notes
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