NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT (EXCERPT)
Act 451 of 1994
324.11504 Definitions; H to P.
(1) "Health officer" means a full-time administrative officer of a certified health department.
(2) "Industrial waste" means solid waste that is generated by manufacturing or industrial processes and that is not a hazardous waste regulated under part 111.
(3) "Industrial waste landfill" means a landfill that is used for the disposal of any of the following, as applicable:
(a) Industrial waste that has been characterized for hazard and that has been determined to be nonhazardous under part 111.
(b) If the landfill is an existing disposal area, nonhazardous solid waste that originates from an industrial site.
(4) "Inert material" means any of the following:
(b) Trees, stumps, and other similar land-clearing debris, if all of the following conditions are met:
(i) The debris is buried on the site of origin or another site, with the approval of the owner of the site.
(ii) The debris is not buried in a wetland or floodplain.
(iii) The debris is placed at least 3 feet above the groundwater table as observed at the time of placement.
(iv) The placement of the debris does not violate federal, state, or local law or create a nuisance.
(c) Uncontaminated excavated soil or dredged sediment. Excavated soil or dredged sediment is considered uncontaminated if it does not contain more than de minimis amounts of solid waste and 1 of the following applies:
(i) The soil or sediment is not contaminated by a hazardous substance as a result of human activity. Soil or sediment that naturally contains elevated levels of hazardous substances above unrestricted residential or any other part 201 generic soil cleanup criteria is not considered contaminated for purposes of this subdivision. A soil or sediment analysis is not required under this subparagraph if, based on past land use, there is no reason to believe that the soil or sediment is contaminated.
(ii) For any hazardous substance that could reasonably be expected to be present as a result of past land use and human activity, the soil or sediment does not exceed the background concentration, as that term is defined in part 201.
(iii) For any hazardous substance that could reasonably be expected to be present as a result of past land use and human activity, the soil or sediment falls below part 201 generic residential soil direct contact cleanup criteria and hazardous substances in leachate from the soil or sediment, using, at the option of the generator, EPA method 1311, 1312, or any other leaching protocol approved by the department, fall below part 201 generic residential health based groundwater drinking water values or criteria, and the soil or sediment would not cause a violation of any surface water quality standard established under part 31 at the area of placement, disposal, or use.
(d) Excavated soil from a site of environmental contamination, corrective action, or response activity if the soil is not a listed hazardous waste under part 111 and if hazardous substances in the soil do not exceed generic soil cleanup criteria for unrestricted residential use as defined in part 201 or background concentration as defined in part 201, as applicable.
(e) Construction brick, masonry, pavement, or broken concrete that is reused for fill, rip rap, slope stabilization, or other construction, if all of the following conditions are met:
(i) The use of the material does not violate section 3108, part 301, or part 303.
(ii) The material is not materially contaminated. Typical surface oil staining on pavement and concrete from driveways, roadways, and parking lots is not material contamination. Material covered in whole or in part with lead-based paint is materially contaminated.
(iii) The material does not include exposed reinforcing bars.
(f) Portland cement clinker produced by a cement kiln using wood, fossil fuels, or solid waste as a fuel or feedstock, but not including cement kiln dust generated in the process.
(g) Asphalt pavement or concrete pavement that meets all of the following requirements:
(i) Has been removed from a public right-of-way.
(ii) Has been stockpiled or crushed for reuse as aggregate material.
(iii) Does not include exposed reinforcement bars.
(h) Cuttings, drilling materials, and fluids used to drill or complete a well installed pursuant to part 127 of the public health code, 1978 PA 368, MCL 333.12701 to 333.12771, if the location of the well is not a facility under part 201.
(i) Any material determined by the department under section 11553(5) or (6) to be an inert material, either for general use or for a particular use.
(5) "Insurance" means insurance that conforms to the requirements of 40 CFR 258.74(d) provided by an insurer who has a certificate of authority from the director of insurance and financial services to sell this line of coverage. An applicant for an operating license shall submit evidence of the required coverage by submitting both of the following to the department:
(a) A certificate of insurance that uses wording approved by the department.
(b) A certified true and complete copy of the insurance policy.
(6) "Landfill" means a disposal area that is a sanitary landfill.
(7) "Lateral expansion" means a horizontal expansion of the solid waste boundary of any of the following:
(a) A landfill, other than a coal ash landfill, if the expansion is beyond the limit established in a construction permit or engineering plans approved by the solid waste control agency before January 11, 1979.
(b) A coal ash landfill, if either of the following applies:
(i) The expansion is beyond the limit established in a construction permit issued after December 28, 2018.
(ii) The expansion is made after October 19, 2015, and is a horizontal expansion of the outermost boundary, as defined by a construction certification or operating license, of an existing coal ash landfill.
(c) A coal ash impoundment, if the expansion is beyond the limit established in a construction permit or the horizontal limits of coal ash in place on or before October 14, 2015.
(8) "Letter of credit" means an irrevocable letter of credit that complies with 40 CFR 258.74(c).
(9) "Lime kiln dust" means particulate matter collected in air emission control devices serving lime kilns.
(10) "Low-hazard industrial waste" means industrial material that has a low potential for groundwater contamination when managed in accordance with this part. The following materials are low-hazard industrial wastes:
(a) Coal ash and wood ash.
(b) Cement kiln dust.
(c) Pulp and paper mill material.
(d) Scrap wood.
(e) Sludge from the treatment and conditioning of water for domestic use.
(f) Residue from the thermal treatment of petroleum contaminated soil, media, or debris.
(g) Sludge from the treatment and conditioning of water from a community water supply.
(h) Foundry sand.
(i) Mixed wood ash, scrap wood ash, and pulp and paper mill ash.
(j) Street cleanings.
(k) Asphalt shingles.
(l) New construction or production scrap drywall.
(m) Chipped or shredded tires.
(n) Copper slag.
(o) Copper stamp sands.
(p) Dredge material from nonremedial activities.
(q) Flue gas desulfurization material.
(r) Dewatered grinding slurry generated from public transportation agency road projects.
(s) Any material determined by the department under section 11553(7) to be a low-hazard industrial waste.
(11) "Low-hazard-potential coal ash impoundment" means a coal ash impoundment that is a diked surface impoundment, the failure or misoperation of which is expected to result in no loss of human life and low economic or environmental losses principally limited to the impoundment owner's property.
(12) "Medical waste" means that term as it is defined in section 13805 of the public health code, 1978 PA 368, MCL 333.13805.
(13) "Mixed wood ash" means the material recovered from air pollution control systems for, or the noncombusted residue remaining after, the combustion of any combination of wood, scrap wood, railroad ties, or tires, if railroad ties composed less than 35% by weight of the total combusted material and tires composed less than 10% by weight of the total combusted material.
(14) "Municipal solid waste incinerator" means an incinerator that is owned or operated by any person, and meets all of the following requirements:
(a) The incinerator receives solid waste from off site and burns only household waste from single and multiple dwellings, hotels, motels, and other residential sources, or such household waste together with solid waste from commercial, institutional, municipal, county, or industrial sources that, if disposed of, would not be required to be placed in a disposal facility licensed under part 111.
(b) The incinerator has established contractual requirements or other notification or inspection procedures sufficient to ensure that the incinerator receives and burns only waste referred to in subdivision (a).
(c) The incinerator meets the requirements of this part and the rules promulgated under this part.
(d) The incinerator is not an industrial furnace as defined in 40 CFR 260.10.
(e) The incinerator is not an incinerator that receives and burns only medical waste or only waste produced at 1 or more hospitals.
(15) "Municipal solid waste incinerator ash" means the substances remaining after combustion in a municipal solid waste incinerator.
(16) "New coal ash impoundment" means a coal ash impoundment that first receives coal ash after the effective date of the amendatory act that added this subsection.
(17) "New disposal area" means a disposal area that requires a construction permit under this part and includes all of the following:
(a) A disposal area, other than an existing disposal area, that is proposed for construction.
(b) For a landfill, a lateral expansion, vertical expansion, or other expansion that results in an increase in the landfill's design capacity.
(c) A new coal ash impoundment, or a lateral expansion of a coal ash impoundment beyond the placement of waste as of October 14, 2015.
(d) For a disposal area other than landfills or coal ash impoundments, an enlargement in capacity beyond that indicated in the construction permit or in engineering plans approved before January 11, 1979.
(e) For any existing disposal area, an alteration of the disposal area to a different disposal area type than had been specified in the previous construction permit application or in engineering plans that were approved by the director or his or her designee before January 11, 1979.
(18) "Nonresidential property" means property not used or intended to be used for any of the following:
(a) A child day care center.
(b) An elementary school.
(c) An elder care and assisted living center.
(d) A nursing home.
(e) A single-family or multifamily dwelling unless the dwelling is part of a mixed use development and all dwelling units and associated outdoor residential use areas are located above the ground floor.
(19) "Part 115 rules" means R 299.4101 to R 299.4922 of the Michigan Administrative Code including any amendments to or replacements of those rules.
(20) "Perpetual care fund" means a trust or escrow account or perpetual care fund bond provided for in section 11525.
(21) "Perpetual care fund bond" means a surety bond, an irrevocable letter of credit, or a combination of these instruments in favor of and on a form approved by the department by which a perpetual care fund is established.
(22) "Pulp and paper mill ash" means the material recovered from air pollution control systems for, or the noncombusted residue remaining after, the combustion of any combination of coal, wood, pulp and paper mill material, wood or biomass fuel pellets, scrap wood, railroad ties, or tires, from a boiler, power plant, or furnace at a pulp and paper mill, if railroad ties composed less than 35% by weight of the total combusted material and tires composed less than 10% by weight of the total combusted material.
(23) "Pulp and paper mill material" means all of the following materials if generated at a facility that produces pulp or paper:
(a) Wastewater treatment sludge, including wood fibers, minerals, and microbial biomass.
(b) Rejects from screens, cleaners, and mills.
(c) Bark, wood fiber, and chips.
(d) Scrap paper.
(e) Causticizing residues, including lime mud and grit and green liquor dregs.
(f) Any material that the department determines has characteristics that are similar to any of the materials listed in subdivisions (a) to (e).
History: 1994, Act 451, Eff. Mar. 30, 1995
Am. 1996, Act 359, Imd. Eff. July 1, 1996
Am. 2013, Act 250, Imd. Eff. Dec. 26, 2013
Am. 2014, Act 178, Eff. Sept. 16, 2014
Am. 2018, Act 640, Imd. Eff. Dec. 28, 2018
Am. 2020, Act 85, Imd. Eff. May 15, 2020
Popular Name: Act 451
Popular Name: NREPA
Popular Name: Solid Waste Act
© 2020 Legislative Council, State of Michigan