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Michigan Compiled Laws Complete Through PA 278 of 2022
House: Adjourned until Tuesday, February 7, 2023 1:30:00 PM
Senate: Adjourned until Tuesday, February 7, 2023 10:00:00 AM

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Section 324.12101

Act 451 of 1994

324.12101 Definitions; B to L.

Sec. 12101.

  As used in this part:
  (a) "Biofuel" means any renewable liquid or gas fuel offered for sale as a fuel that is derived from recently living organisms or their metabolic by-products and meets applicable quality standards, including, but not limited to, ethanol, ethanol-blended fuel, biodiesel, and biodiesel blends.
  (b) "Biogas" means a biofuel that is a gas.
  (c) "Brine" means a liquid produced as a by-product of oil or natural gas production or exploration.
  (d) "Container" means any portable device in which a liquid industrial by-product is stored, transported, treated, or otherwise handled.
  (e) "Department" means the department of environmental quality.
  (f) "Designated facility" means a treatment facility, storage facility, disposal facility, or reclamation facility that receives liquid industrial by-product from off-site.
  (g) "Director" means the director of the department.
  (h) "Discarded" means any of the following:
  (i) Abandoned by being disposed of, burned, or incinerated; or accumulated, stored, or treated before, or instead of, being abandoned.
  (ii) Accumulated, stored, or treated before being managed in 1 of the following ways:
  (A) By being used or reused in a manner constituting disposal by being applied to or placed on land or by being used to produce products that are applied to or placed on land.
  (B) By being burned to recover energy or used to produce a fuel.
  (C) By reclamation.
  (i) "Discharge" means the accidental or intentional spilling, leaking, pumping, releasing, pouring, emitting, emptying, or dumping of liquid industrial by-product into the land, air, or water.
  (j) "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.
  (k) "Disposal facility" means a facility or a part of a facility at which liquid industrial by-product is disposed.
  (l) "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.
  (m) "Generator" means a person whose act or process produces liquid industrial by-product.
  (n) "Liquid industrial by-product" or "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. SW-846, and that is discarded. Liquid industrial by-product does not include any of the following:
  (i) Hazardous waste regulated and required to be manifested under part 111.
  (ii) Septage waste regulated under part 117.
  (iii) Medical waste regulated under part 138 of the public health code, 1978 PA 368, MCL 333.13801 to 333.13832.
  (iv) A discharge to the waters of the state in accordance with a permit, order, or rule under part 31.
  (v) A liquid generated by a household.
  (vi) A liquid regulated under 1982 PA 239, MCL 287.651 to 287.683.
  (vii) Material managed in accordance with section 12102a.

History: 1994, Act 451, Eff. Mar. 30, 1995 ;-- Am. 1995, Act 61, Imd. Eff. May 24, 1995 ;-- Am. 1998, Act 140, Eff. Sept. 1, 1998 ;-- Am. 2001, Act 165, Imd. Eff. Nov. 7, 2001 ;-- Am. 2008, Act 8, Imd. Eff. Feb. 20, 2008 ;-- Am. 2015, Act 224, Eff. Mar. 16, 2016
Compiler's Notes: For transfer of authority, powers, duties, functions, and responsibilities of the Waste Management Division to the Director of the Michigan Department of Environmental Quality, see E.R.O. No. 1995-16, compiled at MCL 324.99903 of the Michigan Compiled Laws.
Popular Name: Act 451
Popular Name: NREPA

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