Mich. Admin. Code R. 299.9107

Current through Vol. 24-10, June 15, 2024

Section R. 299.9107 - Definitions; R, S

Rule 107. As used in these rules:

(a) "RCRA" means the solid waste disposal act, as amended by the resource conservation and recovery act of 1976, as amended, 42 USC 6901 to 6992k.

(b) "Reclamation" means either processing to recover a usable product or regeneration, such as in the recovery of lead values from spent batteries and the regeneration of spent solvents. For the purpose of R 299.9204(1)(aa) and (bb), smelting, melting, and refining furnaces are considered to be solely engaged in metals reclamation if the metal recovery from the hazardous secondary materials meets the same requirements as those specified for metals recovery from hazardous waste of 40 CFR 266.100(d)(1)-(3), and if the residuals meet the requirements of R 299.9808.

(c) "Recognized trader" means a person domiciled in the United States, by site of business, who acts to arrange and facilitate transboundary movements of wastes destined for recovery or disposal operations, either by purchasing from and subsequently selling to United States and foreign facilities, or by acting under arrangements with a United States waste facility to arrange for the export or import of the wastes.

(d) "Recreational property" means all lands that are predominately intended to provide outdoor recreational activities under the control and operation of a governmental agency, such as outdoor parks, preserves, campgrounds, and wildlife refuges.

(e) "Recycle" means use, reuse, or reclamation. Material is used or reused if it is either of the following:

(i) Employed as an ingredient in an industrial process to make a product, unless distinct components of the material are recovered as separate end products, such as when metals are recovered from metal-containing secondary materials.

(ii) Employed in a particular function or application as an effective substitute for a commercial product, such as spent pickle liquor used as phosphorus precipitant and sludge conditioner in wastewater treatment.

(f) "Recyclable material" means hazardous waste that is recycled.

(g) "Re-refining distillation bottoms" means the heavy fraction produced by vacuum distillation of filtered and dehydrated used oil. The composition of still bottoms varies with column operation and feedstock.

(h) "Regional administrator" means the regional administrator or his or her designee for the EPA region in which the facility is located.

(i) "Regulated unit" means a surface impoundment, waste pile, land treatment unit, or landfill that received hazardous waste after July 26, 1982.

(j) "Remanufacturing" means processing higher-value secondary material to manufacture a product that serves a similar functional purpose as the original commercial-grade material. For the purpose of this definition, a hazardous secondary material is considered higher-value if it was generated from the use of a commercial-grade material in a manufacturing process and can be remanufactured into a similar commercial-grade material.

(k) "Remedial action plan" or "RAP" means a special form of an operating license that a facility owner or operator may obtain instead of an operating license issued under part 5 of these rules. The RAP shall authorize the treatment, storage, or disposal of hazardous remediation waste at a remediation waste management site.

(l) "Remediation waste" means all wastes and hazardous wastes, and all media, including groundwater, surface water, soils, and sediments, and debris, that are managed for implementing cleanup.

(m) "Remediation waste management site" means a facility where an owner or operator is or will be treating, storing, or disposing of hazardous remediation wastes. A remediation waste management site is not a facility that is subject to corrective action under R 299.9629, but is subject to the corrective action requirements of part 111 of the act, MCL 324.11101 to 324.11153, and these rules if the site is located in such a facility.

(n) "Representative sample" means a sample of a universe or whole that can be expected to exhibit the average properties of the universe or whole.

(o) "Retention time" means the minimum time hazardous waste is subjected continuously to a required combustion zone temperature in an incinerator.

(p) "Run-off" means any rainwater, leachate, or other liquid that drains over land from any part of a facility.

(q) "Run-on" means any rainwater, leachate, or other liquid that drains over land onto any part of a facility.

(r) "Saturated zone" or "zone of saturation" means that part of the earth's crust in which all voids are filled with water.

(s) "Scrap metal" means bits and pieces of metal parts, such as bars, turnings, rods, sheets, wire, or metal pieces, that may be combined together with bolts or by soldering, such as radiators, scrap automobiles, and railroad car boxes, and that, when worn or superfluous, may be recycled.

(t) "Secondary monitoring parameter" means ions such as calcium, sodium, magnesium, iron, chloride, sulfate, bicarbonate, and carbonate; waste constituents; reaction products; or other parameters that provide an indication of the presence of hazardous constituents in groundwater and which are not subject to the requirements of 40 CFR part 264, subpart F.

(u) "Severely toxic hazardous waste" means a waste that exhibits the characteristic of severe toxicity by containing 1 part per million or more of a severely toxic substance listed in table 202 of these rules.

(v) "Sham recycling" means recycling that is not legitimate recycling as outlined in R 299.9232. A hazardous secondary material found to be sham recycled is considered discarded and a waste.

(w) "Site identification number" means the number that is assigned by the EPA or the EPA's designee to each generator, transporter, and treatment, storage, or disposal facility. If a generator, transporter, or treatment, storage, or disposal facility manages wastes that are hazardous under these rules, but are not hazardous under RCRA, then "site identification number" means an equivalent number that is assigned by the director.

(x) "Sludge" means any solid, semisolid, or liquid waste generated from a municipal, commercial, or industrial wastewater treatment plant, water supply treatment plant, or air pollution control facility, exclusive of the treated effluent from a wastewater treatment plant.

(y) "Sludge dryer" means any enclosed thermal treatment device that is used to dehydrate sludge and that has a maximum total thermal input, excluding the heating value of the sludge itself, of 2,500 BTU per pound of sludge treated on a wet-weight basis.

(z) "Small quantity generator" means a generator who generates the following amounts in a calendar month:

(i) Greater than 100 kilograms but less than 1,000 kilograms of non-acute hazardous waste.

(ii) Less than or equal to 1 kilogram of acute hazardous waste.

(iii) Less than or equal to 1 kilogram of severely toxic hazardous waste.

(iv) Less than or equal to 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.

(aa) "Sole source aquifer" means an aquifer designated pursuant to section 1424(e) of the federal safe drinking water act, 42 USC 300h-3(e).

(bb) "Solvent-contaminated wipe" means a wipe that, after use or after cleanup of a spill, meets any of the following criteria:

(i) Contains 1 or more of the F001 through F005 solvents listed in R 299.9220 or the corresponding P- or U-listed solvents found in R 299.9224, R 299.9225, or R 299.9226.

(ii) Exhibits a hazardous characteristic as defined in R 299.9212 and that characteristic results from a solvent listed in part 2 of these rules.

(iii) Exhibits only the hazardous characteristic of ignitability as defined in R 299.9212 due to the presence of 1 or more solvents that are not listed in part 2 of these rules. Solvent-contaminated wipes that contain listed hazardous wastes other than solvents, or exhibit the characteristic of toxicity, corrosivity, or reactivity due to contaminants other than solvents, are not eligible for the exclusions in R 299.9204(1)(z) and (2)(q).

(cc) "Sorb" means to adsorb or absorb, or both.

(dd) "Sorbent" means a material that is used to soak up free liquids by either adsorption or absorption, or both.

(ee) "Speculative accumulation" means accumulation before recycle. A material is not accumulated speculatively if the person accumulating the material shows that all of the following requirements are met:

(i) That the material is potentially recyclable and has a feasible means of being recycled.

(ii) That during the calendar year commencing on January 1, the amount of material that is recycled or transferred to a different site for recycling equals not less than 75% by weight or volume of the amount of that material accumulated at the beginning of the period. In calculating the percentage of turnover, the 75% requirement is to be applied to each material of the same type that is recycled in the same way. Materials accumulating in units which would be exempt from regulation under R 299.9204(3)(a) or which are already defined as wastes shall not be included in making the calculation. Materials are no longer in this category once they are removed from accumulation for recycling.

(iii) For hazardous secondary materials being to be recycled under R 299.9232, R 299.9233, or R 299.9234, the material is placed in a storage unit with a label indicating the first date that the material began to be accumulated. If placing a label on the storage unit is not practicable, the accumulation period shall be documented through an inventory log or other appropriate method.

(ff) "Spent material" means any material that has been used and as a result of contamination can no longer serve the purpose for which it was produced without processing.

(gg) "Staging pile" means an accumulation of solid, non-flowing remediation waste that is not a containment building and that is used only during remedial operations for temporary storage at a facility. Staging piles must be designated by the director under R 299.9638.

(hh) "State" means any of the following:

(i) The several states.

(ii) The District of Columbia.

(iii) The Commonwealth of Puerto Rico.

(iv) The Virgin Islands.

(v) Guam.

(vi) American Samoa.

(vii) The Commonwealth of the Northern Mariana Islands.

(ii) "Storage" means the holding of hazardous waste for a temporary period at the end of which the hazardous waste is treated, disposed of, or stored elsewhere.

(jj) "Sump" means any pit or reservoir which satisfies the definition of "tank" in R 299.9108 and those troughs or trenches connected to it that serve to collect hazardous waste for transport to hazardous waste storage, treatment, or disposal facilities. When used in conjunction with the regulation of a landfill, surface impoundment, and waste pile, a sump means any lined pit or reservoir that serves to collect liquids drained from a leachate collection and removal system or leak detection system for later removal from the system.

(kk) "Surface impoundment" or "impoundment" means a treatment, storage, or disposal facility or part of a treatment, storage, or disposal facility that is a natural topographic depression, man-made excavation, or diked area formed primarily of earthen materials, although it may be lined with man-made materials, that is designed to hold an accumulation of liquid wastes or wastes containing free liquids, and that is not an injection well. Examples of surface impoundments are holding, storage, settling and aeration pits, ponds, and lagoons.

(ll) "Surface water" means a body of water whose top surface is exposed to the atmosphere and includes the Great Lakes, their connecting waters, all inland lakes and ponds, rivers and streams, impoundments, open drains, and other watercourses, except for drainage ways and ponds used solely for wastewater conveyance, treatment, or control.

Mich. Admin. Code R. 299.9107

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