Mich. Admin. Code R. 299.9817 - Military munitions; applicability
Rule 817.
(1)
Persons handling waste military munitions shall comply with the requirements of
this rule and R 299.9818 to R 299.9821.
(2) Unless otherwise specified in this rule
or R 299.9818 to R 299.9821, all applicable requirements of these rules apply
to waste military munitions.
(3) A
military munition is not a waste if it meets one of the following criteria:
(a) It is used for its intended purpose,
including any of the following:
(i) Use in
training military personnel or explosives and munitions emergency response
specialists which may include the destruction of unused propellant or other
munitions.
(ii) Use in research,
development, testing, and evaluation of military munitions, weapons, or weapons
systems.
(iii) Recovery,
collection, and on-range destruction of unexploded ordnance and munitions
fragments during range clearance activities at active or inactive ranges.
However, in this case, "use for intended purpose" does not include the on-range
disposal or burial of unexploded ordnance and contaminants if the burial is not
a result of product use.
(b) It is an unused munition, or component
thereof, which is being repaired, reused, recycled, reclaimed, disassembled,
reconfigured, or otherwise subjected to materials recovery activities, unless
such activities involve use constituting disposal or burning for energy
recovery under R 299.9202.
(4) An unused military munition is a waste if
any of the following occurs:
(a) The munition
is abandoned by being disposed of, burned, detonated, incinerated, or treated
before to disposal, except as provided in subrule (3) of this rule.
(b) The munition is being removed from
storage in a military magazine or other storage area for the purpose of being
disposed of, burned, or incinerated, or treated before disposal.
(c) The munition is deteriorated or damaged
to the point that it cannot be put into serviceable condition, and cannot
reasonably be recycled or used for other purposes. For the purposes of this
provision, the term "damaged" shall mean cracked, leaking, or other impairment
that compromises the integrity of the munition.
(d) The munition has been declared a waste by
an authorized military official.
(5) A used or fired military munition is a
waste if either of the following occurs:
(a)
The munition is transported off range or from the site of use, where the site
of use is not a range, for the purposes of storage, reclamation, treatment,
disposal, or treatment before disposal.
(b) If the munition is recovered, collected,
and disposed of by burial, or landfilling either on or off range.
(6) For the purposes of part 111
of the act, a used or fired military munition is a waste and therefore, is
potentially subject to corrective action and imminent and substantial
endangerment authorities under part 111 of the act, if the munition lands
off-range and is not promptly rendered safe or retrieved. Any imminent and
substantial threats associated with any remaining material shall be addressed.
If remedial action is infeasible, the operator of the range shall maintain a
record of the event for as long as any threat remains. The record shall include
the type of munition and its location to the extent the location is
known.
Notes
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