Mich. Admin. Code R. 299.4104

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

Section R. 299.4104 - Definitions; M to R

Rule 104. As used in these rules:

(a) "Medical waste" means waste as defined in section 13825 of 1978 PA 368, MCL 333.13825.

(b) "Method detection limit" means the minimum concentration of a substance which can be measured and reported with 99% confidence, for which the analyte concentration is greater than zero, and which is determined from analysis of a sample in a given matrix that contains the analyte.

(c) "Monitorable unit" means a landfill unit for which it is possible to determine the unit's impact on groundwater using groundwater monitoring. A unit remains a monitorable unit in any of the following circumstances:

(i) A units monitoring system detects hazardous substances above background, but the owner or operator demonstrates that the source of hazardous substances is not a landfill unit at or adjacent to the facility and that other substances that do not exceed background can be used as reliable indicators of leakage from the unit.

(ii) The unit is constructed over or adjacent to an open dump or another unit, but an impact on the groundwater has not been detected from the open dump or another unit.

(iii) The director waives groundwater monitoring for the unit.

(d) "Municipal solid waste landfill" or "type II landfill" means a landfill which receives household waste or municipal solid waste incinerator ash, and which is not a land application unit, surface impoundment, injection well, or waste pile. A municipal solid waste landfill also may receive other types of solid waste, such as any of the following:

(i) Construction and demolition waste.

(ii) Sewage sludge.

(iii) Commercial waste.

(iv) Nonhazardous sludge.

(v) Hazardous waste from conditionally exempt small quantity generators.

(vi) Industrial waste.

Such a landfill may be publicly or privately owned.

(e) "New disposal area" means a disposal area that requires a construction permit under the act and includes all of the following:

(i) A disposal area, other than an existing disposal area, that is proposed for construction.

(ii) For landfills, a lateral expansion, vertical expansion, or other expansion that results in an increase in the design capacity of an existing disposal area.

(iii) For disposal areas other than landfills, an enlargement in capacity beyond that indicated in the construction permit or in engineering plans approved before January 11, 1979.

(iv) For all disposal areas, an alteration of an existing disposal area to a different disposal area type than had been specified in the previous construction permit application or in engineering plans that were approved by the director or his or her designee before January 11, 1979.

(f) "Natural soil barrier" means any combination of natural or recompacted soil which is not less than 10 feet thick and which consists predominantly of soils that have a unified soil classification of SC, ML, CL, CL/ML, or CH. A natural soil barrier may contain soil types other than SC, ML, CL, CL/ML, or CH if the anomalous soils are not hydraulically connected to the uppermost aquifer, do not extend beyond the solid waste boundary, and are not considered as part of the thickness determination.

(g) "New unit" means any landfill unit that has not received solid waste before October 9, 1993.

(h) "Nuisance" means conditions that unreasonably interfere with the enjoyment of life and property, such as noise, blowing debris, odors, vectors, or pest animals.

(i) "Open burning" means either of the following:

(i) A fire from which the products of combustion are emitted directly into the outer air without passing through a stack or chimney.

(ii) The combustion of solid waste without controlling combustion air to maintain adequate temperature for efficient combustion, containment of the combustion reaction in an enclosed device to provide sufficient residence time and mixing for complete combustion, and control of the emission of the combustion products.

(j) "Open dump" means a disposal area which is not licensed under the act and which is not otherwise authorized by the director.

(k) "Operator" means the person who is in control of, or responsible for, the operation of a facility or part of a facility.

(l) "Owner" means the person who owns a facility or part of a facility.

(m) "Pile" means any noncontainerized accumulation of solid waste that is used for treatment or storage.

(n) "Planning committee" means a committee that is established under the act to aid in the preparation of a county solid waste management plan.

(o) "Practical quantitation limit" means the lowest level that can be reliably achieved within specified limits of precision and accuracy under routine laboratory conditions and based on all of the following:

(i) Quantitation.

(ii) Precision and accuracy.

(iii) Normal operation of the laboratory.

(iv) The practical need in a compliance monitoring program to have a sufficient number of laboratories available to conduct the analyses.

(p) "Preexisting unit" means any landfill unit which is or was licensed under the act, but which does not receive waste after October 9, 1993.

(q) "Processing" means changing the physical or chemical character of solid waste, by separation, treatment, or other methods, so as to make the waste or a constituent of the waste disposable or usable as a resource. The following activities do not constitute processing:

(i) Compaction.

(ii) Incineration, thermal treatment of contaminated soil, or burning waste as fuel, if these activities are permitted under part 55 of the act.

(iii) Metal processing by scrap dealers.

(iv) Industrial operations that use, reuse, or reclaim industrial waste, source-separated material, or site-separated material to make a raw material or new product.

(v) Separation of recyclable materials from small quantities of solid waste. A small quantity is not more than 2 tons per day or 60 tons per month.

(vi) Separation of recyclable material at a landfill.

(vii) The separation of small quantities of solid waste from source-separated material. The volume of solid waste removed shall be considered a small quantity if it is less than 10% of the total volume of material received.

(viii) Composting of yard clippings, if the requirements of section 11521 are met.

(ix) Composting of material other than yard clippings which is approved under R 299.4121 and which does not involve more than 500 cubic yards at any time. Composting facilities exceeding 500 cubic yards shall be licensed as processing plants.

(x) Shredding or chipping of trees, stumps, and brush.

(xi) Treatment of contaminated soil or other waste generated from the remediation of environmental contamination at the site of environmental contamination before disposal at a facility licensed under this part.

(xii) The addition of small quantities of sorbent material to individual loads of waste within the active portion of a type II landfill.

(r) "Public meeting" means a regularly scheduled meeting of the designated planning agency.

(s) "Regulated hazardous waste" means a hazardous waste, as defined in R. 299.9203, that is not excluded from regulation under R 299.9204 or that was not generated by a conditionally exempt small quantity generator as defined in R 299.9205.

(t) "Responsible individual" means an individual who is familiar with the requirements of the act and these rules as they relate to the daily operation and maintenance of the solid waste disposal area where he or she is employed and who has the capability and the authority to make decisions regarding the daily operation and maintenance of that disposal area which are necessary to comply with the act and these rules.

(u) "Runoff" means any rainwater, leachate, or other liquid that drains over land from any part of a facility.

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

Mich. Admin. Code R. 299.4104

1982 AACS; 1993 AACS; 1999 AACS; 2015 MR 5, Eff. March 11, 2015