Michigan Laws 324.12102 – Definitions; O to V
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Terms Used In Michigan Laws 324.12102
- by-product: means any material that is produced by, is incident to, or results from industrial, commercial, or governmental activity or any other activity or enterprise, that is determined to be liquid by method 9095 (paint filter liquids test) as described in "Test methods for evaluating solid wastes, physical/chemical methods" United States Environmental Protection Agency publication no. See Michigan Laws 324.12101
- Commission: means the commission of natural resources. See Michigan Laws 324.301
- Department: means the department of environmental quality. See Michigan Laws 324.12101
- Designated facility: means a treatment facility, storage facility, disposal facility, or reclamation facility that receives liquid industrial by-product from off-site. See Michigan Laws 324.12101
- Director: means the director of the department. See Michigan Laws 324.12101
- Disposal: means the abandonment, discharge, deposit, injection, dumping, spilling, leaking, or placing of a liquid industrial by-product into or on land or water in such a manner that the liquid industrial by-product may enter the environment, or be emitted into the air, or discharged into surface water or groundwater. See Michigan Laws 324.12101
- Disposal facility: means a facility or a part of a facility at which liquid industrial by-product is disposed. See Michigan Laws 324.12101
- Facility: means all contiguous land and structures, other appurtenances, and improvements on land for treating, storing, disposing of, or reclamation of liquid industrial by-product. See Michigan Laws 324.12101
- Generator: means a person whose act or process produces liquid industrial by-product. See Michigan Laws 324.12101
- Municipality: means a city, village, or township. See Michigan Laws 324.301
- On-site: means on the same geographically contiguous property, which may be divided by a public or private right-of-way if access is by crossing rather than going along the right-of-way. See Michigan Laws 324.12102
- Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 324.301
- Publicly owned treatment works: means any entity that treats municipal sewage or industrial waste or liquid industrial by-product that is owned by the state or a municipality, as that term is defined in 33 USC 1362. See Michigan Laws 324.12102
- Reclamation: means either processing to recover a usable product or regeneration. See Michigan Laws 324.12102
- Site identification number: means a number that is assigned by the United States Environmental Protection Agency or the department to a transporter or facility. See Michigan Laws 324.12102
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
- Storage: means the containment of liquid industrial by-product, on a temporary basis, in a manner that does not constitute disposal of the by-product. See Michigan Laws 324.12102
- Surface impoundment: means a treatment facility, storage facility, or disposal facility or part of a treatment, storage, or disposal facility that is either a natural topographic depression, a human-made excavation, or a diked area formed primarily of earthen materials. See Michigan Laws 324.12102
- Transportation: means the movement of liquid industrial by-product by air, rail, public or private roadway, or water. See Michigan Laws 324.12102
- Transporter: means a person engaged in the off-site transportation of liquid industrial by-product by air, rail, public roadway, or water. See Michigan Laws 324.12102
- Treatment: means any method, technique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any liquid industrial by-product, to neutralize the by-product, or to render the by-product safer to transport, store, or dispose of, amenable to recovery, amenable to storage, or reduced in volume. See Michigan Laws 324.12102
- Treatment facility: means a facility or part of a facility at which liquid industrial by-product undergoes treatment. See Michigan Laws 324.12102
- United States: shall be construed to include the district and territories. See Michigan Laws 8.3o
- Vehicle: means a transport vehicle as defined by 49 C. See Michigan Laws 324.12102
As used in this part:
(a) “On-site” means on the same geographically contiguous property, which may be divided by a public or private right-of-way if access is by crossing rather than going along the right-of-way. On-site includes noncontiguous pieces of property owned by the same person but connected by a right-of-way that the owner controls and to which the public does not have access.
(b) “Peace officer” means any law enforcement officer who is trained and licensed or certified under the Michigan commission on law enforcement standards act, 1965 PA 203, MCL 28.601 to 28.615, or an officer appointed by the director of the department of state police under section 6d of 1935 PA 59, MCL 28.6d.
(c) “Publicly owned treatment works” means any entity that treats municipal sewage or industrial waste or liquid industrial by-product that is owned by the state or a municipality, as that term is defined in 33 USC 1362. Publicly owned treatment works include sewers, pipes, or other conveyances only if they convey wastewater to a publicly owned treatment works providing treatment.
(d) “Reclamation” means either processing to recover a usable product or regeneration.
(e) “Reclamation facility” means a facility or part of a facility where liquid industrial by-product reclamation is conducted.
(f) “Shipping document” means a log, an invoice, a bill of lading, or other record, in either written or electronic form, that includes all of the following information:
(i) The name and address of the generator.
(ii) The name of the transporter.
(iii) The type and volume of liquid industrial by-product in the shipment.
(iv) The date the by-product was shipped off-site from the generator.
(v) The name, address, and site identification number of the designated facility.
(g) “Site identification number” means a number that is assigned by the United States Environmental Protection Agency or the department to a transporter or facility.
(h) “Storage” means the containment of liquid industrial by-product, on a temporary basis, in a manner that does not constitute disposal of the by-product.
(i) “Storage facility” means a facility or part of a facility where liquid industrial by-product is stored.
(j) “Surface impoundment” means a treatment facility, storage facility, or disposal facility or part of a treatment, storage, or disposal facility that is either a natural topographic depression, a human-made excavation, or a diked area formed primarily of earthen materials. A surface impoundment may be lined with human-made materials designed to hold an accumulation of liquid industrial by-product. Surface impoundments include, but are not limited to, holding, storage, settling, and aeration pits, ponds, and lagoons. Surface impoundment does not include an injection well.
(k) “Tank” means a stationary device designed to contain an accumulation of liquid industrial by-product that is constructed primarily of nonearthen materials such as wood, concrete, steel, or plastic to provide structural support.
(l) “Transportation” means the movement of liquid industrial by-product by air, rail, public or private roadway, or water.
(m) “Transporter” means a person engaged in the off-site transportation of liquid industrial by-product by air, rail, public roadway, or water.
(n) “Treatment” means any method, technique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any liquid industrial by-product, to neutralize the by-product, or to render the by-product safer to transport, store, or dispose of, amenable to recovery, amenable to storage, or reduced in volume.
(o) “Treatment facility” means a facility or part of a facility at which liquid industrial by-product undergoes treatment.
(p) “Used oil” means any oil that has been refined from crude oil, or any synthetic oil, that has been used and that, as a result of the use, is contaminated by physical or chemical impurities.