Mich. Admin. Code R. 299.9109

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

Section 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.

Mich. Admin. Code R. 299.9109

1985 AACS; 1988 AACS; 1994 AACS; 1996 AACS; 2000 AACS; 2004 AACS; 2017 AACS; 2020 MR 14, Eff. 8/3/2020