Administrative Rules for
PART 111 HAZARDOUS WASTE MANAGEMENT
of the Natural Resources and Environmental Protection Act 1994 PA 451, as
amended
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 U.S.C. §6901 et seq.
(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.
(c) "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.
(d) "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.
(e) "Recyclable material" means
hazardous waste that is recycled.
(f) "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.
(g) "Regional administrator" means the
regional administrator or his or her designee for the EPA region in which the
facility is located.
(h)
"Regulated unit" means a surface impoundment, waste pile, land
treatment unit, or landfill that received hazardous waste after
(i) "Remedial action plan" or "RAP"
means a special form of an operating license that a facility owner or operator
may obtain instead of a construction permit or operating license issued
pursuant to part 5 of these rules. The
RAP shall authorize the treatment, storage, or disposal of hazardous
remediation waste at a remediation waste management site.
(j) "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.
(k) "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 and these rules if the site is
located in such a facility.
(l) "Representative sample" means a
sample of a universe or whole that can be expected to exhibit the average
properties of the universe or whole.
(m) "Retention time" means the minimum
time hazardous waste is subjected continuously to a required combustion zone
temperature in an incinerator.
(n) "Run-off" means any rainwater,
leachate, or other liquid that drains over land from any part of a facility.
(o) "Run-on" means any rainwater,
leachate, or other liquid that drains over land onto any part of a facility.
(p) "Saturated zone" or "zone of
saturation" means that part of the earth's crust in which all voids are
filled with water.
(q) "Scrap metal" means bits and pieces
of metal parts, such as bars, turnings, rods, sheets, wire, or metal pieces,
which may be combined together with bolts or by soldering, such as radiators,
scrap automobiles, and railroad car boxes, and which, when worn or superfluous,
may be recycled.
(r) "Secondary monitoring parameter"
means ions such as calcium, sodium, magnesium, iron, chloride, sulfate,
bicarbonate, and carbonate; waste constituents; reaction products; or other
parameters which provide an indication of the presence of hazardous
constituents in groundwater and which are not subject to the requirements of
40 C.F.R. part 264, subpart F.
(s) "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 pursuant to
these rules, but are not hazardous pursuant to RCRA, then "site
identification number" shall mean an equivalent number that is assigned by
the director.
(t) "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.
(u) "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.
(v) "Small quantity generator" means a
generator who generates less than 1,000 kilograms of hazardous waste in a
calendar month.
(w) "Sole source aquifer" means an
aquifer designated pursuant to section 1424(e) of the federal safe drinking
water act.
(x) "Sorb" means to adsorb or absorb,
or both.
(y) "Sorbent" means a material that is
used to soak up free liquids by either adsorption or absorption, or both.
(z) "Speculative accumulation" means
accumulation before recycle. A material
is not accumulated speculatively, however, if the person accumulating the
material shows that both 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.
(aa) "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.
(bb)
"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 shall be designated by the
director pursuant to R 299.9638.
(cc) "State" means any of the following:
(i)
The several states.
(ii)
The
(iii) The
(iv)
The
(v)
(vi)
(vii) The Commonwealth of the
(dd) "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.
(ee) "Sump" means any pit or reservoir
which satisfies the definition of "tank" in R 299.9108(a) 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.
(ff) "Surface impoundment" or
"impoundment" means a treatment, storage, or disposal facility or
part of a treatment, storage, or disposal facility which 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, which is
designed to hold an accumulation of liquid wastes or wastes containing free
liquids, and which is not an injection well.
Examples of surface impoundments are holding, storage, settling and
aeration pits, ponds, and lagoons.
(gg) "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.
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.
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