Mich. Admin. Code R. 299.4102 - Definitions; C to E

Rule 102. As used in these rules:

(a) "Closed unit" means a landfill unit at which final closure has been completed and certified in accordance with R 299.4317 or R 299.4449.

(b) "Commercial waste" means all types of solid waste generated by stores, offices, restaurants, warehouses, and other nonmanufacturing activities, but does not include household waste from single residences, hazardous waste, and industrial wastes. Commercial waste includes solid waste from any of the following:

(i) Multiple residences.

(ii) Hotels and motels.

(iii) Bunkhouses.

(iv) Ranger stations.

(v) Crew quarters.

(vi) Campgrounds.

(vii) Picnic grounds.

(viii) Day-use recreation areas.

(c) "Composite liner" means a system that consists of both of the following components:

(i) An upper component that consists of a flexible membrane liner which is installed in direct and uniform contact with the lower compacted soil component. The flexible membrane liner shall have a nominal thickness not less than 30 mils thick. For high-density polyethylene components, the flexible membrane shall have a nominal thickness not less than 60 mils.

(ii) A lower component that consists of any of the following soil layers:

(A) Compacted soil which is not less than 2 feet thick and which is in compliance with R 299.4913.

(B) A bentonite geocomposite liner that is in compliance with R 299.4914.

(C) An alternative soil layer that is approved under these rules.

(d) "Composting" means the process by which biological decomposition of yard clippings or compostable material is carried out under controlled aerobic conditions and which stabilizes the organic fraction into a material that can easily and safely be stored, handled, and used in an environmentally acceptable manner. The presence of insignificant anaerobic zones within the composting material will not cause the process to be classified as other than composting.

(e) "Composting facility" means a facility where composting of yard clippings or compostable material occurs using composting technology. Composting technology may include physical turning, windrowing, aeration, or other mechanical handling of organic matter.

(f) "Construction and demolition waste" means waste building materials, packaging, and rubble that results from construction, remodeling, repair, and demolition operations on houses, commercial or industrial buildings, and other structures. Construction and demolition waste includes trees and stumps which are more than 4 feet in length and 2 inches in diameter and which are removed from property during construction, maintenance, or repair. Construction and demolition waste does not include any of the following, even if it results from the construction, remodeling, repair, and demolition of structures:

(i) Asbestos waste.

(ii) Household waste.

(iii) Corrugated containerboard.

(iv) Appliances.

(v) Drums and containers.

(vi) Any aboveground or underground tank and associated piping, except septic tanks.

(vii) Solid waste that results from any processing technique which renders individual waste components unrecognizable, such as pulverizing or shredding, unless the type and origin of such waste is known not to contain the wastes listed in paragraphs (i) to (vi) of this subdivision.

(g) "Contiguous property" means the same or geographically contiguous property that may be divided by a public or private right-of-way. Pieces of property owned by the same person and connected by a right-of-way which the owner controls and to which the public does not have access are also contiguous.

(h) "Designated planning agency" means a governmental unit or regional planning agency that is determined, under the act, to be responsible for the preparation of a solid waste management plan.

(i) "Disease vectors" means any rodents, flies, mosquitoes, or other animals, including insects, that are capable of transmitting disease to humans.

(j) "Disposal" means any of the following:

(i) The discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste into or on any land or water so that the solid waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including groundwaters. Disposal includes the placement of solid waste in an open dump, landfill, or waste piles that are not exempt under R 299.4129(2) or R 299.4130.

(ii) The open burning or incineration of solid waste.

(iii) The processing of solid waste.

(iv) The storage or handling of solid waste at a solid waste transfer facility.

(v) The abandonment of solid waste in place of other disposal.

(k) "Disposal area type" means 1 of the following types of disposal areas defined by the act and these rules:

(i) Municipal solid waste landfill.

(ii) Industrial waste landfill.

(iii) Construction and demolition waste landfill.

(iv) Municipal incinerator ash landfill.

(v) Incinerator.

(vi) Processing plant.

(vii) Transfer facility.

(viii) Waste pile.

(l) "Domestic well" means a well that is intended to furnish water to a single household for any beneficial use.

(m) "Enforceable mechanism" means a legal method whereby the state, a county or municipal government, or a person can take action to guarantee compliance with an approved county solid waste management plan. Enforceable mechanisms include any of the following:

(i) Contracts.

(ii) Intergovernmental agreements.

(iii) Laws.

(iv) Ordinances.

(v) Rules.

(vi) Regulations.

(n) "Environmental contamination" means the release of a hazardous substance in a quantity that is or may become injurious to the environment or to the public health, safety, or welfare.

(o) "Environmental interest group" means a nonprofit citizens' organization that has bylaws which support environmental enhancement or the conservation of Michigan's natural resources and that has an organization which does not directly reflect an economic interest of its members.

(p) "Existing disposal area" means any of the following:

(i) A disposal area that has been issued a construction permit under the act.

(ii) A disposal area that had engineering plans approved by the director before January 11, 1979.

(iii) An industrial waste landfill that was authorized to operate by the director or by court order before October 9, 1993.

(iv) An industrial waste pile that is located at the site of generation on October 9, 1993.

(q) "Existing unit" or "existing landfill unit" means any landfill unit that receives solid waste as of October 9, 1993. Waste placement in existing landfill units shall be consistent with past operating practices or modified practices to ensure good management.

Notes

Mich. Admin. Code R. 299.4102

1982 AACS; 1993 AACS; 1999 AACS; 2005 AACS; 2015 MR 5, Eff. March 11, 2015