Mich. Admin. Code R. 285.640.1 - Definitions

Rule 1. As used in these rules:

(a) "Approved" means approval by the director of the department or his or her representative.

(b) "Appurtenances" means any of the following which are connected to a bulk pesticide container or which are used for transferring bulk pesticide between containers:

(i) Valves.

(ii) Gauges.

(iii) Portable manufacturing units.

(iv) Pumps.

(v) Fittings.

(vi) Hoses.

(vii) Plumbing.

(viii) Metering devices.

(c) "Bulk pesticide" means any registered liquid pesticide or combination of liquid pesticides in an individual quantity that is more than 55 United States gallons or any registered dry pesticide in an individual quantity that is more than 100 pounds. For purposes of this regulation, use solutions and rinsates are bulk pesticides if they exceed the stated quantities. Minibulks are included in this definition.

(d) "CERCLA" means the comprehensive environmental responsibility, compensation and liability act of 1980, 42 U.S.C. S9601 et seq.

(e) "Department" means the Michigan department of agriculture.

(f) "Discharge" means an uncontained release to the environment of bulk pesticide in a reportable quantity as defined by SARA title III and CERCLA or, for products that are not listed in SARA title III or CERCLA, any quantity that is more than 5 United States gallons or 100 pounds of pesticide. "Discharge" does not include a fully contained transfer of bulk pesticide that is made pursuant to sale, storage, distribution, or intended use.

(g) "Dry pesticide" means pesticide that is in solid form before application or mixing for application. The term includes formulations such as dusts, wettable powders, dry flowable powders, and granules.

(h) "Elephant ring" means a storage container which has an open top and which serves as a secondary containment vessel into which a primary storage container with a smaller volume is placed.

(i) "Existing bulk storage facility" means a facility that on the effective date of this rule, is being used to store or hold bulk pesticides where the location of bulk containers remains the same whether bulk containers are replaced, added to, or reorganized.

(j) "Floodplain" means any land area that is subject to a 1% or greater chance of flooding. This is equivalent to a 100-year flood.

(k) "Liquid pesticide" means pesticide that is in a liquid form, including solutions, emulsions, suspensions, and slurries contained in an undivided quantity of more than 55 United States gallons. The term includes minibulk pesticides.

(l) "Minibulk pesticide" means an amount of liquid pesticide which is held in a single container with a volume more than 55, but less than 400, United States gallons that is designed for ready handling and transport and has been filled by the original pesticide manufacturer or repackager.

(m) "Mobile container" means a container that is designed or used for transporting pesticides.

(n) "Modification" means changes in structures, processes, or activities at a bulk pesticide storage facility that alter the efficiency or capacity of containment structures or systems.

(o) "New bulk storage facility" means a storage facility as designated by the director or a storage facility that locates new, used, or refurbished bulk containers where, before the effective date of this rule, bulk storage was not conducted.

(p) "Operational area" means an area or areas at a bulk pesticide storage facility where pesticides are transferred, loaded, unloaded, repackaged, or refilled.

(q) "Operational area containment" means any structure or system that is designed and constructed to effectively intercept and contain spills, container or equipment washwater, and precipitation to prevent the runoff or leaching of pesticide from a storage facility.

(r) "Primary containment" means the storage of bulk pesticide in storage containers at a storage facility.

(s) "Rinsate" means the liquid which is generated from the rinsing of the interior surface of any pesticide application equipment or pesticide container that has come in direct contact with any pesticide. This liquid is a mixture of water and a concentration of pesticide that is below the labeled application rate. "Rinsate" includes the liquid that is generated by cleaning a containment area in accordance with the provisions of R 285.640.11(3).

(t) "SARA title III" means the emergency planning and community right-to-know act (title III) of the superfund amendments and reauthorization act of 1986, 42 U.S.C. S11001 et seq.

(u) "Secondary containment" means any structure, including dikes, that is effectively designed and constructed to contain spills or leaks and to prevent escapes, runoff, and leaching of pesticides from bulk storage containers.

(v) "Spill" means a contained release, within a containment area or operational pad, of bulk pesticide in a reportable quantity as defined by SARA title III and CERCLA or, for products that are not listed in SARA title III or CERCLA, any quantity that is more than 5 United States gallons or 100 pounds. "Spill" does not include a fully contained transfer of bulk pesticide that is made pursuant to sale, storage, distribution, or intended use.

(w) "Storage" means the storage of bulk pesticides by a person who manufactures, repackages, or distributes bulk pesticides. "Storage" does not include the storage of pesticides by an agricultural producer for use on land that is owned or leased by the producer.

(x) "Storage container" means a container, rail car, nurse tank, or other mobile container that is used for the storage of bulk pesticide. "Storage container" does not include any of the following:

(i) A mobile container that stores pesticide at a storage facility for less than 15 consecutive days if this storage is incidental to the loading or unloading of a storage container at the storage facility.

(ii) A mobile container that is located other than on property which is owned, operated, or controlled by an owner or operator of a storage facility for less than 15 consecutive days.

(iii) A container which is 55 gallons or smaller and which is used solely as emergency storage for leaking pesticide containers.

(iv) Pesticide application equipment in which pesticides are stored for less than 5 consecutive days.

(y) "Storage facility" means a facility which is used to store or hold bulk pesticides and which is owned, operated, controlled, or leased by a person who manufactures or distributes bulk pesticides.

(z) "Sump" means any catch basin, pit, or reservoir, and those trenches and troughs connected to them, that serve to collect liquid.

(aa) "Surface water" means a body of water that has its top surface exposed to the atmosphere and includes lakes, ponds, or water holes that cover an area greater than 0.25 acres and streams, rivers, or waterways that maintain a flow year-round. "Surface water" does not include waterways with intermittent flow.

(bb) "Washwater" means the liquid that is generated from rinsing the exterior surfaces of application, handling, storage, or transportation equipment. "Washwater" does not include the liquid that is generated by cleaning a containment area in accordance with the provisions of R 285.640.11(3).

Notes

Mich. Admin. Code R. 285.640.1

1992 AACS