Mich. Admin. Code R. 323.2402 - Definitions
Rule 2402.
(1) As
used in these rules:
(a) "Act" means Act No.
451 of the Public Acts of 1994, as amended, being ยง324.101 et seq. of the
Michigan Compiled Laws.
(b)
"Aerobic digestion" means the biochemical decomposition of organic matter in
biosolids into carbon dioxide and water by microorganisms in the presence of
air.
(c) "Agricultural land" means
land on which a food crop, a feed crop, or a fiber crop is grown. The term
includes range land and land used as pasture.
(d) "Agronomic rate" means the calculated
biosolids application rate (dry weight basis) which provides the amount of
plant-available nitrogen (PAN) needed by the crop or vegetation grown on the
land; which minimizes the amount of nitrogen that passes below the root zone of
the crop or vegetation grown; and which considers the amounts of phosphate
(P2O5) and potash (K2O) added by the biosolids as part of the total nutrient
management plan.
(e) "Anaerobic
digestion" means the biochemical decomposition of organic matter in biosolids
into methane gas and carbon dioxide by microorganisms in the absence of
air.
(f) "Annual pollutant loading
rate" means the maximum amount of a pollutant in biosolids that can be applied
to a unit area of land during a 365-day period.
(g) "Annual whole biosolids application rate"
means the maximum amount of biosolids (dry weight basis) that can be applied to
a unit area of land during a 365-day period.
(h) "Biosolids" means solid, semisolid, or
liquid residues generated during the treatment of sanitary sewage or domestic
sewage in a treatment works. The term "biosolids" includes, but is not limited
to, scum or solids removed in primary, secondary, or advanced wastewater
treatment processes and a derivative of the removed scum or solids.
(i) "Bulk biosolids" means biosolids that are
not sold or given away in a bag or other container for application to a lawn or
home garden.
(j) "Class A" means
biosolids that meet the requirement in R 323.2414(2)(b) and the requirements in
R 323.2414(2)(c), (d), (e), (f), (g), or (h) with respect to
pathogens.
(k) "Class B" means
biosolids that meet the requirements in R 323.2414(3)(c), (d), or (e) with
respect to pathogens.
(l)
"Cumulative pollutant loading rate" means the maximum amount of an inorganic
pollutant that can be applied to an area of land.
(m) "Department" means the director of the
department of environmental quality or his or her designee.
(n) "Derivative" means a product for land
application derived from biosolids that does not include solid waste or other
waste regulated under the act. A derivative does not include materials or
treatment chemicals, that is, lime or ferric chloride, integral to wastewater
treatment and biosolids unit processes.
(o) "Detroit consumer price index" means the
most comprehensive index of consumer prices available for the Detroit area from
the United States department of labor, bureau of labor statistics.
(p) "Distributor" means a person who applies,
markets, or distributes, except at retail, a derivative.
(q) "Domestic sewage" means waste and
wastewater from humans or household operations that is discharged to, or
otherwise enters, a treatment works.
(r) "Dry weight basis" means calculated on
the basis of having been dried at 105 degrees Celsius until reaching a constant
mass that is essentially 100% solids content.
(s) "EPA" means the United States
environmental protection agency.
(t) "Exceptional quality" or "EQ" means
biosolids or a derivative that meets all of the following criteria:
(i) Pollutant ceiling concentrations in R
323.2409(5)(a).
(ii) Pollutant
concentrations in R 323.2409(5)(c).
(iii) One of the vector attraction reduction
options in R 323.2415(4)(a) to (h) and 1 of the class A pathogen reduction
alternatives in R 323.2414(2)(a).
(u) "Feed crops" means crops produced
primarily for consumption by animals.
(v) "Fiber crops" means crops such as flax
and cotton.
(w) "Food crops" means
crops consumed by humans. The term includes, but is not limited to, fruits,
vegetables, and tobacco.
(x)
"Forest" means a tract of land that is thick with trees and
underbrush.
(y) "Generator" means a
person who generates biosolids that are applied to land.
(z) "Groundwater" means water below the land
surface in the saturated zone.
(aa)
"Incorporation" means the blending of surface-applied biosolids into the soil
so that a significant amount of the biosolids is not present on the land
surface within 1 hour after blending.
(bb) "Injection" means the placement of
biosolids below the land surface so that a significant amount of the biosolids
is not present on the land surface within 1 hour after land
application.
(cc) "Land
application" means spraying or spreading biosolids onto the land surface,
injecting biosolids below the land surface, or incorporating biosolids into the
soil so that the biosolids can either condition the soil or fertilize crops or
vegetation grown in the soil.
(dd)
"Land application plan" means the process a generator uses to identify and
select land application sites that are not included in a land application site
list. At a minimum a plan shall include all of the following:
(i) A description of the geographical area
covered by the plan.
(ii)
Identification of the criteria used for site selection.
(iii) A description of how the sites are
managed.
(ee) "Land with
a low potential for public exposure means land that the public uses
infrequently. The term includes, but is not limited to, agricultural land, a
forest, and a reclamation site located in an unpopulated area, for example, a
strip mine located in a rural area.
(ff) "Land with a high potential for public
exposure" means land that the public uses frequently. The term includes, but is
not limited to, a public contact site and a reclamation site located in a
populated area, for example, a construction site located in a city.
(gg) "Listed land application site" means a
site which has been approved by the department and is used for biosolids land
application by a generator.
(hh)
"Local unit" means a county, city, village, or township or an agency or
instrumentality of these entities.
(ii) "Other container" means either an open
or closed receptacle. The term includes, but is not limited to, a bucket, a
box, a carton, and a vehicle or trailer that has a load capacity of 1 metric
ton or less.
(jj) "Pasture" means
land on which animals feed directly on feed crops such as legumes, grasses,
grain stubble, or stover.
(kk)
"Pathogenic organisms" means disease-causing organisms. The term includes, but
is not limited to, certain bacteria, protozoa, viruses, and viable helminth
ova.
(ll) "Permit" means 1 of the
following:
(i) A national pollutant discharge
elimination system (NPDES) permit that is issued by the department under
section 3112(1) of the act to control wastewater discharges to the surface
waters and to manage biosolids.
(ii) A permit that is issued by the
department under section 3112(1) of the act to control wastewater discharges to
the groundwaters and to manage biosolids.
(iii) A biosolids permit issued by the
department.
(mm)
"Permitting authority" means the department.
(nn) "Person" means an individual,
association, partnership, corporation, local unit, state or federal agency, or
an agent or employee of any of the entities specified in this
definition.
(oo) "Person who
prepares biosolids" means either the person who generates biosolids during the
treatment of domestic sewage or sanitary sewage in a treatment works or the
person who derives a material from biosolids.
(pp) "pH" means the logarithm of the
reciprocal of the hydrogen ion concentration measured at 25 degrees Celsius or
measured at another temperature and then converted to an equivalent value at 25
degrees Celsius.
(qq) "Pollutant"
means an organic substance, an inorganic substance, a combination of organic
and inorganic substances, or a pathogenic organism that, after discharge and
upon exposure, ingestion, inhalation, or assimilation into an organism either
directly from the environment or indirectly by ingestion through the food
chain, could, on the basis of information available to the administrator of EPA
or the department, cause any of the following in either organisms or offspring
of the organisms:
(i) Death.
(ii) Disease.
(iii) Behavioral abnormalities.
(iv) Cancer.
(v) Genetic mutations.
(vi) Physiological malfunctions, including
malfunction in reproduction.
(vii)
Physical deformations.
(rr) "Pollutant limit" means a numerical
value that describes the amount of a pollutant allowed per unit amount of
biosolids, for example milligrams per kilogram of total solids; the amount of a
pollutant that can be applied to a unit area of land, for example, kilograms
per hectare or pounds per acre; or the volume of a material that can be applied
to a unit area of land, for example, gallons per acre.
(ss) "Public contact site" means land that
has a high potential for contact by the public. The term includes, but is not
limited to, any of the following:
(i) Public
parks.
(ii) Ball fields.
(iii) Cemeteries.
(iv) Plant nurseries.
(v) Turf farms.
(vi) Golf courses.
(tt) "Range land" means open land that has
indigenous vegetation.
(uu)
"Reclamation site" means drastically disturbed land that is reclaimed using
biosolids. The term includes, but is not limited to, strip mines and
construction sites.
(vv) "Residuals
management program" means a program which is required by a generators permit
and which is developed in accordance with R 323.2403(3)(a) to (d).
(ww) "Retail" means EQ biosolids or an EQ
derivative sold directly to the consumer or through retail establishments in
bags or other containers that have a load capacity of 1 metric ton (2200
pounds) or less of biosolids.
(xx)
"Sanitary sewage" means waste and wastewater from humans, households, or
industrial or commercial operations that is discharged to, or otherwise enters,
a treatment works.
(yy) "Saturated"
or "saturated zone" means the soil pores, that is, spaces between the soil
particles or rock are completely filled with water.
(zz) "Septage" means either liquid or solid
material that is removed from any of the following that receive only domestic
sewage.
(i) A septic tank.
(ii) A cesspool.
(iii) A portable toilet.
(iv) A type III marine sanitation
device.
(v) A similar treatment
works.
(aaa) "Site"
means a contiguous tract of land to which biosolids or a derivative is
land-applied in accordance with the requirements in these rules.
(bbb) "Specific oxygen uptake rate" or "SOUR"
means the mass of oxygen consumed per unit time per unit mass of total solids
(dry weight basis) in biosolids.
(ccc) "Surface application" means the
spraying or spreading of biosolids or derivatives onto the land surface for use
as a soil conditioner or as a nutrient source for plant growth.
(ddd) "Surface disposal" means the placement
of biosolids on an area of land for final disposal as defined in 40 C.F.R. part
503, subpart C.
(eee) "Surface
water" means any of the following:
(i)
Lakes.
(ii) Rivers.
(iii) Streams.
(iv) Wetlands.
(v) All other watercourses.
(vi) Waters within the jurisdiction of this
state.
(vii) The Great Lakes
bordering this state.
(fff) "Treatment of" or "to treat," with
respect to biosolids, means the preparation of biosolids for final use or
disposal. The term includes, but is not limited to, the thickening,
stabilization, and dewatering of biosolids. The term does not include the
storage of biosolids.
(ggg)
"Treatment works" means either a federally owned, publicly owned, or privately
owned device or system used to treat, including recycling and reclaiming,
either domestic sewage or sanitary sewage.
(hhh) "Total solids" means the materials in
biosolids that remain as residue when biosolids are dried at 103 to 105 degrees
Celsius.
(iii) "Unstabilized
solids" means organic materials in biosolids that have not been treated in
either an aerobic or anaerobic treatment process.
(jjj) "Vector attraction" means the
characteristic of biosolids that attracts rodents, flies, mosquitoes, or other
organisms capable of transporting infectious agents.
(kkk) "Volatile solids" means the amount of
the total solids in biosolids lost when biosolids are combusted at 550 degrees
Celsius in the presence of excess air.
(lll) "Wetlands" means areas that are
inundated or saturated by surface water or groundwater at a frequency and
duration to support, and that under normal circumstances do support, a
prevalence of vegetation typically adapted for life in saturated soil
conditions. Wetlands generally include swamps, marshes, bogs, and similar
areas.
Notes
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