Administrative Rules for
PART 111 HAZARDOUS WASTE MANAGEMENT
of the Natural Resources and Environmental Protection Act 1994 PA 451, as
amended
|
Rule 213.
(1)
The following wastes are hazardous wastes unless excluded pursuant to
the provisions R 299.9211:
(a) Wastes from nonspecific sources listed by the
administrator and identified in table 203a of these rules.
(b) Wastes from nonspecific sources listed by the
director and identified in table 203b of these rules.
(c) Wastes from specific sources listed by the
administrator and identified in table 204a of these rules.
(d) Wastes from specific sources listed by the
director and identified in table 204b of these rules.
(2)
Each hazardous waste that is listed in subrule (1) of this rule is
assigned a hazardous waste number which precedes the name of the waste on the
table in which it is listed. The number
shall be used in complying with the notification requirements and the
recordkeeping and reporting requirements of these rules.
(3)
The EPA hazardous waste numbers F020, F021, F022, F023, F026, and F027
are subject to the exclusion limits for acutely hazardous wastes established in
R 299.9205.
(4)
For the purposes of the EPA hazardous waste numbers F037 and F038
listings, aggressive biological treatment units are defined as those units that
employ 1 of the following 4 treatment methods:
(a) Activated sludge.
(b) Trickling filter.
(c) Rotating biological contactor for the
continuous accelerated biological oxidation of wastewaters.
(d) High-rate aeration. High-rate aeration is a system of surface
impoundments or tanks in which intense mechanical aeration is used to
completely mix the wastes and enhance biological activity. High-rate aeration systems shall be composed
of units that employ a minimum of 6 horsepower per million gallons of
treatment volume and either the hydraulic retention time of the unit is no
longer than 5 days, or the hydraulic retention time is no longer than 30 days
and the unit does not generate a sludge that is hazardous waste by the toxicity
characteristic.
(5)
Generators and facility owners and operators shall demonstrate that
their sludges are not subject to being listed as F037 or F038, or both, wastes
pursuant to the provisions of subrule (4) of this rule. Generators and facility owners and operators
shall maintain, in their operating or other on-site records, documents and data
sufficient to demonstrate that the unit is an aggressive biological treatment
unit as defined in subrule (4) of this rule and that the sludges sought to be
exempted from the definitions of F037 or F038, or both, wastes were actually
generated in the aggressive biological treatment unit.
(6)
For the purposes of the EPA hazardous waste number F037 listing, sludges
are considered to be generated at the moment of deposition in the unit, where
deposition is defined as at least a temporary cessation of lateral particle
movement.
(7) For the purposes of the EPA
hazardous waste number F038 listing, sludges are considered to be generated at
the moment of deposition in the unit, where deposition is defined as at least a
temporary cessation of lateral particle movement, and floats are considered to
be generated at the moment they are formed in the top of the unit.
|
These administrative rules are provided as a free
service of the State Bar of Michigan Environmental Law Section. The administrative rules, which were
re-formatted for consistency, are not intended to replace official versions and
are subject to revision and/or repeal.
The Environmental Law Section presents this information, without
warranties, express or implied, regarding the accuracy of the information,
timeliness, or completeness. If you believe the information is inaccurate,
out-of-date, or incomplete or if you have problems accessing or reading the information,
please send your concerns to the Section.