Mich. Admin. Code R. 299.9109 - Definitions; U to Z
Rule 109. As used in these rules:
(a) "Underground injection" or "well
injection" means the subsurface emplacement of fluids through a bored, drilled,
or driven well or through a dug well where the depth of the dug well is greater
than the largest surface dimension.
(b) "Underground tank" means a device that
satisfies the definition of "tank" specified in
R
299.9108 and that has its entire surface area below
the surface of, and covered by, the ground.
(c) "Unexploded ordnance" means military
munitions that have been primed, fused, armed, or otherwise prepared for
action, and have been fired, dropped, launched, projected, or placed in such a
manner that constitutes a hazard to operations, installation, personnel, or
material and remain unexploded either by malfunction, design, or any other
cause.
(d) "Unfit for use tank
system" means a tank system that has been determined, through an integrity
assessment or other inspection, to be no longer capable of storing or treating
hazardous waste without posing a threat of release of hazardous waste to the
environment.
(e) "United States"
means any of the following:
(i) The 50
states.
(ii) The District of
Columbia.
(iii) The Commonwealth of
Puerto Rico.
(iv) The United States
Virgin Islands.
(v) Guam.
(vi) American Samoa.
(vii) The Commonwealth of the Northern
Mariana Islands.
(f)
"United States importer" means a person who has lawfully recognized resident
status within the United States and who brings in, or arranges for the entry
of, a shipment of hazardous waste into the United States from a foreign
country. A United States importer may be any of the following persons:
(i) The person who is liable for primary
payment of any United States customs duties on the hazardous waste.
(ii) An agent as defined in
R
299.9101.
(iii) The treatment, storage, or disposal
facility designated on the manifest.
(iv) The importer of record as designated on
the United States customs entry documents.
(v) The transporter who carries the hazardous
waste at the point of entry.
(vi)
The consignee.
(g)
"Universal waste" means any of the hazardous wastes that are identified in
R
299.9228(1) and managed under
R
299.9228.
(h) "Universal waste handler" means a
generator of universal waste or the owner or operator of a facility, including
all contiguous property, that receives universal waste from other universal
waste handlers, accumulates universal waste, and sends universal waste to
another universal waste handler, a destination facility, or a foreign
destination. The term universal waste handler does not include either of the
following:
(i) A person who treats, disposes
of, or recycles universal waste, except as provided for in
40 CFR 273.13(a), (c), or
(e) or
273.33(a), (c), or
(e).
(ii) A person engaged in the off-site
transportation of universal waste by air, rail, highway, or water, including a
universal waste transfer facility.
(i) "Universal waste large quantity handler"
means a universal waste handler who accumulates 5,000 kilograms or more total
of universal waste at any time.
(j)
"Universal waste small quantity handler" means a universal waste handler who
does not accumulate 5,000 kilograms or more total of universal waste at any
time.
(k) "Universal waste transfer
facility" means any transportation-related facility, including loading docks,
parking areas, storage areas, and other similar areas, where shipments of
universal waste are held during the normal course of transportation for 10 days
or less.
(l) "Universal waste
transporter" means a person engaged in the off-site transportation of universal
waste by air, rail, highway, or water.
(m) "Unplanned episodic event" means an
episodic event that the generator did not plan or reasonably did not expect to
occur, including production process upsets, product recalls, accidental spills,
or "acts of nature," such as a tornado, hurricane, or flood.
(n) "Unsaturated zone" or "zone of aeration"
means the zone between the land surface and the water table.
(o) "Uppermost aquifer" means the geologic
formation nearest the natural ground surface that is an aquifer and includes
lower aquifers that are hydraulically interconnected with the aquifer within
the facility's property boundary.
(p) "USC" means the United States
Code.
(q) "USGS" means the United
States Geological Survey.
(r)
"USPS" means the United States Postal Service.
(s) "Used oil" means any oil which has been
refined from crude oil, or any synthetic oil, which has been used and which as
a result of the use, is contaminated by physical or chemical
impurities.
(t) "Used oil
aboveground tank" means a tank that is used to store or process used oil and
that is not an underground storage tank as defined in
40
CFR 280.12.
(u) "Used oil aggregation point" means any
site or facility that accepts, aggregates, or stores used oil that is collected
only from other used oil generation sites owned or operated by the same owner
or operator of the aggregation point, from which used oil is transported to the
aggregation point in shipments of not more than 55 gallons. Used oil
aggregation points may also accept used oil from household
do-it-yourselfers.
(v) "Used oil
burner" means a facility where off-specification used oil, as defined in
R
299.9809(1)(f), is burned for energy
recovery in the devices identified in
R 299.9814.
(w) "Used oil collection center" means any
site or facility that has provided written notification of used oil management
activities to the department and that accepts or aggregates and stores used oil
collected from either of the following:
(i)
Used oil generators regulated under
R
299.9810 who transport used oil to the collection
center in shipments of not more than 55 gallons under
40 CFR
279.24.
(ii) Household do-it-yourselfers.
(x) "Used oil existing tank" means
a tank that is used for the storage or processing of used oil and that is in
operation, or for which installation has commenced, on or before October 15,
1996, the effective date of the amendments to these rules that establish the
state's used oil program under RCRA. Installation commenced if the owner or
operator has obtained all federal, state, and local approvals or permits
necessary to begin physical construction of the tank and if either of the
following provisions applies:
(i) A continuous
on-site physical installation program has begun.
(ii) The owner or operator has entered into
contractual obligations, that cannot be cancelled or modified without
substantial loss, for installation of the tank system to be completed within a
reasonable time.
(y)
"Used oil fuel" means any fuel that is produced from used oil through
processing, blending, or other treatment.
(z) "Used oil fuel marketer" means any person
who conducts either of the following activities:
(i) Directs a shipment of off-specification
used oil from his or her facility to a used oil burner.
(ii) First claims that the used oil that is
to be burned for energy recovery meets the used oil specifications set forth in
R
299.9809(1)(f).
(aa) "Used oil generator" means any person,
by site, whose act or process produces used oil or whose act first causes the
used oil to become subject to regulation.
(bb) "Used oil new tank" means a tank that is
used for the storage or processing of used oil and for which installation has
commenced after, October 15, 1996, the effective date of amendments to these
rules that establish the state's used oil program under RCRA.
(cc) "Used oil processor/re-refiner" means a
facility that processes used oil.
(dd) "Used oil tank" means a stationary
device that is designed to contain an accumulation of used oil and that is
constructed primarily of nonearthen materials, such as wood, concrete, steel,
or plastic, that provide structural support.
(ee) "Used oil transfer facility" means any
transportation-related facility, including loading docks, parking areas,
storage areas, and other areas, where shipments of used oil are held for more
than 24 hours and not more than 35 days during the normal course of
transportation or before an activity performed under
R 299.9813(1) or
(2). Transfer facilities that store used oil
for more than 35 days are subject to regulation under
R 299.9813.
(ff) "Used oil transporter" means any person
who transports used oil, any person who collects used oil from more than 1
generator and transports the collected oil, and owners and operators of used
oil transfer facilities. Used oil transporters may consolidate or aggregate
loads of used oil for purposes of transportation, but with the following
exception, may not process used oil. Transporters may conduct incidental
processing operations that occur in the normal course of used oil
transportation but that are not designed to produce, or make more amenable for
the production of, used oil derived products or used oil fuel.
(gg) "User of the electronic manifest system"
means a generator, a transporter, an owner or operator of a hazardous waste or
recycling facility, or any other person that is required to use a manifest to
comply with any federal or state requirement to track the shipment,
transportation, and receipt of either hazardous waste or other waste material
that is shipped from the site of generation to an off-site designated facility
for treatment, storage, recycling, or disposal, or rejected hazardous wastes or
regulated container residues that are shipped from a designated facility to an
alternative facility or returned to the generator and satisfies 1 or both of
the following requirements:
(i) Elects to use
the electronic manifest system to obtain, complete, and transmit an electronic
manifest format supplied by the system.
(ii) Elects to use the paper manifest form
and submits to the electronic manifest system for data processing purposes a
paper copy of the manifest, or the data from the paper copy, in accordance with
40 CFR
264.71(a)(2)(v) or
265.71(a)(2)(v).
These paper copies are submitted for data exchange purposes only and are not
the official copies of record for legal purposes.
(hh) "Vehicle" means each separate conveyance
used in the transportation of hazardous waste that is 1 of the following:
(i) A railcar as defined in
49 CFR
171.8.
(ii) A semitrailer, truck, or trailer as
defined in act 300.
(iii) A truck
tractor as defined in act 300, only if the hazardous waste is actually
transported in the cab of the vehicle.
(ii) "Very small quantity generator" means a
generator who generates less than or equal to the following amounts in a
calendar month:
(i) 100 kilograms of non-acute
hazardous waste.
(ii) 1 kilogram of
acute hazardous waste.
(iii) 1
kilogram of severely toxic hazardous waste.
(iv) 100 kilograms of any residue or
contaminated soil, water, or other debris resulting from the cleanup of a
spill, into or on any land or water, of any acute hazardous waste or severely
toxic hazardous waste.
(jj) "Vessel" means a watercraft that is used
or is capable of being used as a means of transportation on the
water.
(kk) "Washout" means the
movement of hazardous waste from the active portion of the facility as a result
of flooding.
(ll) "Waste" means
material that is defined as waste in
R
299.9202.
(mm) "WIETS" means the EPAs Waste Import
Export Tracking System.
(nn) "Waste
management area" means the limit projected in the horizontal plane of the area
on which waste will be placed during the active life of a regulated unit and
includes horizontal space taken up by any liner, dike, or other barrier that is
designed to contain waste in a regulated unit. If the facility contains more
than 1 regulated unit, then the waste management area is described by an
imaginary line circumscribing the several regulated units.
(oo) "Wastewater treatment unit" means a
device that satisfies all of the following requirements:
(i) Is part of a wastewater treatment
facility that is subject to regulation under either section 402 or 307(b) of
the federal clean water act,
33 USC
1342 or
1317(b).
(ii) Receives and treats or stores an
influent wastewater that is a hazardous waste as defined in
R
299.9203, generates and accumulates a wastewater
treatment sludge that is a hazardous waste as defined in
R
299.9203, or treats or stores a wastewater treatment
sludge that is a hazardous waste as defined in
R
299.9203.
(iii) Meets the definition of "tank" or "tank
system" specified in
R
299.9108.
(pp) "Water (bulk shipment)" means the bulk
transportation of hazardous waste that is loaded or carried on board a vessel
without containers or labels.
(qq)
"Well" means any shaft or pit that is dug or bored into the earth, that is
generally of a cylindrical form, and that is often walled with bricks or tubing
to prevent the earth from caving in.
(rr) "Wetland" means the areas defined as
wetlands in part 303 of the act, MCL 324.30301 to 324.30328.
(ss) "Wipe" means a woven or non-woven shop
towel, rag, pad, or swab made of wood pulp, fabric, cotton, polyester blends,
or other material.
(tt) "Zone of
engineering control" means an area that is under the control of the owner or
operator and that, upon detection of a hazardous waste release, can be readily
cleaned up before the release of hazardous waste or hazardous constituents to
groundwater or surface water.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.