Mich. Admin. Code R. 299.4110

Current through Vol. 24-19, November 1, 2024

Section R. 299.4110 - "Other wastes regulated by statute" defined

Rule 110. As provided by section 11506 of the act, the following wastes are "other wastes regulated by statute" and are exempt from regulation as solid wastes under part 115 of the act:

(a) Hazardous waste regulated under part 111 of the act.

(b) Waste which is contaminated by polychlorinated biphenyls and which is disposed of in a facility that is licensed under TSCA.

(c) Drilling muds, land clearing debris, and other wastes associated with the exploration, development, or production of crude oil, natural gas, or geothermal energy, when managed within the same field where it was generated and where such management is authorized by the supervisor of wells in a permit or order issued under part 615 of the act.

(d) Dredgings that are approved by the department for disposal under either of the following provisions:

(i) By issuance of a permit issued under part 301 or part 325 of the act authorizing the disposal, if dredgings of more than 300 cubic yards that are removed from either an area of concern identified by the international joint commission or an area adjacent to or immediately downstream of a facility regulated under part 201 of the act are evaluated for contamination and, if contaminated, are managed in a manner consistent with part 201 of the act. To evaluate dredgings for contamination, a person shall do either of the following:

(A) Analyze for PCBs, polynuclear aromatic hydrocarbons, and the metals identified in table 101. Dredgings shall not be considered contaminated if they meet the criteria for inert material specified in section 11553(5) or (6).

(B) Instead of analyses, demonstrate that the particle sizes of the dredgings are such that 95% or more of the particles will be retained on a No. 200 sieve.

(ii) by department approval of a finding of no significant impact prepared under the national environmental policy act of 1969, §42 U.S.C. 4321 et seq.

(e) Tires that are managed in compliance with part 169 of the act.

(f) Animals that are composted or disposed of in accordance with 1982 PA 239, MCL 287.651 to 287.683.

(g) Earth overburden, rock, lean ore, and iron ore tailings that are regulated under part 631 of the act.

(h) Septage waste which is regulated under part 117 of the act and which is disposed of in a land application unit.

(i) The following waste that is regulated under part 31 of the act:

(i) Liquid waste that is disposed of in accordance with a permit or order issued under part 31 of the act, except for sludges or residues that are generated from the disposal.

(ii) Sludge that is disposed of in a land application unit under a residuals management plan which is approved under part 31 of the act.

(j) The following waste, at the point that it is regulated under part 55 of the act:

(i) Wood and stumps that are burned in accordance with part 55 and part 515 of the act.

(ii) Medical waste that is burned in a unit which is permitted or licensed to burn the waste under part 55 of the act. Medical waste that is disposed of at a location other than at a unit as specified in this paragraph is not exempt from part 115 of the act and these rules.

(iii) Contaminated soil that is treated in a thermal treatment unit which is permitted under part 55 of the act, if the soil is contained at the treatment site so that the operation does not expose the soil to the atmosphere and the elements. Residues from the treatment shall be disposed of under a plan that is approved by the department.

(iv) Chipped tires, creosote railroad ties, and industrial waste that is burned as fuel in a boiler, industrial furnace, or power plant which is permitted under part 55 of the act, to burn the waste as fuel.

(k) Contaminated soil or other waste that is generated from the remediation of environmental contamination, and that is allowed to be disposed of at the site of environmental contamination or at other property which is owned by the responsible party under a remedial action plan that is approved under part 201 or part 213 of the act.

(l) Solid waste in open dumps which did not receive waste after October 9, 1991, and which receive final cover pursuant to either of the following provisions:

(i) A remedial action plan that is approved under part 201 of the act.

(ii) A grant under part 191 or part 195 of the act.

Mich. Admin. Code R. 299.4110

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