Mich. Admin. Code R. 299.4104 - Definitions; M to R
Rule 104. As used in these rules:
(a) "Medical waste" means waste as defined in
section 13825 of 1978 PA 368, MCL 333.13825.
(b) "Method detection limit" means the
minimum concentration of a substance which can be measured and reported with
99% confidence, for which the analyte concentration is greater than zero, and
which is determined from analysis of a sample in a given matrix that contains
the analyte.
(c) "Monitorable unit"
means a landfill unit for which it is possible to determine the unit's impact
on groundwater using groundwater monitoring. A unit remains a monitorable unit
in any of the following circumstances:
(i) A
units monitoring system detects hazardous substances above background, but the
owner or operator demonstrates that the source of hazardous substances is not a
landfill unit at or adjacent to the facility and that other substances that do
not exceed background can be used as reliable indicators of leakage from the
unit.
(ii) The unit is constructed
over or adjacent to an open dump or another unit, but an impact on the
groundwater has not been detected from the open dump or another unit.
(iii) The director waives groundwater
monitoring for the unit.
(d) "Municipal solid waste landfill" or "type
II landfill" means a landfill which receives household waste or municipal solid
waste incinerator ash, and which is not a land application unit, surface
impoundment, injection well, or waste pile. A municipal solid waste landfill
also may receive other types of solid waste, such as any of the following:
(i) Construction and demolition
waste.
(ii) Sewage
sludge.
(iii) Commercial
waste.
(iv) Nonhazardous
sludge.
(v) Hazardous waste from
conditionally exempt small quantity generators.
(vi) Industrial waste.
Such a landfill may be publicly or privately owned.
(e) "New disposal area"
means a disposal area that requires a construction permit under the act and
includes all of the following:
(i) A disposal
area, other than an existing disposal area, that is proposed for
construction.
(ii) For landfills, a
lateral expansion, vertical expansion, or other expansion that results in an
increase in the design capacity of an existing disposal area.
(iii) For disposal areas other than
landfills, an enlargement in capacity beyond that indicated in the construction
permit or in engineering plans approved before January 11, 1979.
(iv) For all disposal areas, an alteration of
an existing disposal area to a different disposal area type than had been
specified in the previous construction permit application or in engineering
plans that were approved by the director or his or her designee before January
11, 1979.
(f) "Natural
soil barrier" means any combination of natural or recompacted soil which is not
less than 10 feet thick and which consists predominantly of soils that have a
unified soil classification of SC, ML, CL, CL/ML, or CH. A natural soil barrier
may contain soil types other than SC, ML, CL, CL/ML, or CH if the anomalous
soils are not hydraulically connected to the uppermost aquifer, do not extend
beyond the solid waste boundary, and are not considered as part of the
thickness determination.
(g) "New
unit" means any landfill unit that has not received solid waste before October
9, 1993.
(h) "Nuisance" means
conditions that unreasonably interfere with the enjoyment of life and property,
such as noise, blowing debris, odors, vectors, or pest animals.
(i) "Open burning" means either of the
following:
(i) A fire from which the products
of combustion are emitted directly into the outer air without passing through a
stack or chimney.
(ii) The
combustion of solid waste without controlling combustion air to maintain
adequate temperature for efficient combustion, containment of the combustion
reaction in an enclosed device to provide sufficient residence time and mixing
for complete combustion, and control of the emission of the combustion
products.
(j) "Open
dump" means a disposal area which is not licensed under the act and which is
not otherwise authorized by the director.
(k) "Operator" means the person who is in
control of, or responsible for, the operation of a facility or part of a
facility.
(l) "Owner" means the
person who owns a facility or part of a facility.
(m) "Pile" means any noncontainerized
accumulation of solid waste that is used for treatment or storage.
(n) "Planning committee" means a committee
that is established under the act to aid in the preparation of a county solid
waste management plan.
(o)
"Practical quantitation limit" means the lowest level that can be reliably
achieved within specified limits of precision and accuracy under routine
laboratory conditions and based on all of the following:
(i) Quantitation.
(ii) Precision and accuracy.
(iii) Normal operation of the
laboratory.
(iv) The practical need
in a compliance monitoring program to have a sufficient number of laboratories
available to conduct the analyses.
(p) "Preexisting unit" means any landfill
unit which is or was licensed under the act, but which does not receive waste
after October 9, 1993.
(q)
"Processing" means changing the physical or chemical character of solid waste,
by separation, treatment, or other methods, so as to make the waste or a
constituent of the waste disposable or usable as a resource. The following
activities do not constitute processing:
(i)
Compaction.
(ii) Incineration,
thermal treatment of contaminated soil, or burning waste as fuel, if these
activities are permitted under part 55 of the act.
(iii) Metal processing by scrap
dealers.
(iv) Industrial operations
that use, reuse, or reclaim industrial waste, source-separated material, or
site-separated material to make a raw material or new product.
(v) Separation of recyclable materials from
small quantities of solid waste. A small quantity is not more than 2 tons per
day or 60 tons per month.
(vi)
Separation of recyclable material at a landfill.
(vii) The separation of small quantities of
solid waste from source-separated material. The volume of solid waste removed
shall be considered a small quantity if it is less than 10% of the total volume
of material received.
(viii)
Composting of yard clippings, if the requirements of section 11521 are
met.
(ix) Composting of material
other than yard clippings which is approved under R 299.4121 and which does not
involve more than 500 cubic yards at any time. Composting facilities exceeding
500 cubic yards shall be licensed as processing plants.
(x) Shredding or chipping of trees, stumps,
and brush.
(xi) Treatment of
contaminated soil or other waste generated from the remediation of
environmental contamination at the site of environmental contamination before
disposal at a facility licensed under this part.
(xii) The addition of small quantities of
sorbent material to individual loads of waste within the active portion of a
type II landfill.
(r)
"Public meeting" means a regularly scheduled meeting of the designated planning
agency.
(s) "Regulated hazardous
waste" means a hazardous waste, as defined in R. 299.9203, that is not excluded
from regulation under R 299.9204 or that was not generated by a conditionally
exempt small quantity generator as defined in R 299.9205.
(t) "Responsible individual" means an
individual who is familiar with the requirements of the act and these rules as
they relate to the daily operation and maintenance of the solid waste disposal
area where he or she is employed and who has the capability and the authority
to make decisions regarding the daily operation and maintenance of that
disposal area which are necessary to comply with the act and these
rules.
(u) "Runoff" means any
rainwater, leachate, or other liquid that drains over land from any part of a
facility.
(v) "Run-on" means any
rainwater, leachate, or other liquid that drains over land onto any part of a
facility.
Notes
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