R 299.9105 Definitions; L to N.

Rule 105. As used in these rules: (a) "Lamp" means the bulb or tube portion of a lighting device specifically designed to produce radiant energy, most often in the ultraviolet, visible, and infrared regions of the electromagnetic spectrum. Examples of common lamps include incandescent, fluorescent, high intensity discharge, sodium vapor, mercury vapor, and neon lamps. (b) "Land-based unit" means an area where hazardous secondary materials are placed in or on the land before recycling. Land-based unit does not include land-based production units. (c) "Land disposal" means placement in or on the land and includes, but is not limited to, placement in any of the following: (i) A landfill. (ii) A surface impoundment. (iii) A waste pile. (iv) An injection well. (v) A land treatment facility. (vi) A salt dome formation. (vii) A salt bed formation. (viii) An underground mine or cave. (ix) A concrete vault or bunker intended for disposal purposes. Land disposal also means placement in or on the land by means of open detonation and open burning where the residues continue to exhibit 1 or more of the characteristics of hazardous waste. Land disposal does not include ocean disposal. (d) "Land disposal restriction treatment standards" means the treatment standards under 40 CFR part 268 that a hazardous waste must meet. (e) "Landfill" means a disposal facility or part of a facility where hazardous waste is placed in or on land. Landfill does not include any of the following: (i) A pile. (ii) A land treatment facility. (iii) A surface impoundment. (iv) An underground injection well. (v) A salt dome formation. (vi) A salt bed formation. (vii) An underground mine or cave. (viii) A corrective action management unit. (f) "Landfill cell" means a discrete volume of a hazardous waste landfill that uses a liner to provide isolation of wastes from adjacent cells or wastes. Examples of landfill cells are trenches and pits. (g) "Land treatment facility" means a treatment facility or part of a treatment facility at which hazardous waste is applied onto or incorporated into the soil surface. The facilities are disposal facilities if the waste remains after closure. (h) "Large quantity generator" means a generator that generates any of the following amounts in a calendar month: (i) Greater than or equal to 1000 kilograms of non-acute hazardous waste. (ii) Greater than 1 kilogram of acute hazardous waste. (iii) Greater than 1 kilogram of severely toxic hazardous waste. (iv) Greater than 100 kilograms of any residue or contaminated soil, water, or other debris resulting from the cleanup of a spill, into or on any land or water, of any acute hazardous waste or severely toxic hazardous waste. (i) "Leachate" means any liquid, including any suspended components in the liquid, that has percolated through or drained from hazardous waste. (j) "Leak detection system" means a system capable of detecting the failure of either the primary or secondary containment structure or the presence of a release of hazardous waste or accumulated liquid in the secondary containment structure. The system must employ operational controls, such as daily visual inspections for releases into the secondary containment system or aboveground tanks or consist of an interstitial monitoring device designed to continuously and automatically detect the failure of the primary or secondary containment structure or the presence of a release of hazardous waste into the secondary containment structure. (k) "Lift" means a layer of placed materials, including a layer of compacted clay in a landfill liner or cap, or a layer of waste in a landfill. (l) "Liner" means a continuous layer of natural or man-made materials beneath or on the sides of a surface impoundment, landfill, or landfill cell that restricts the downward or lateral escape of hazardous waste, hazardous waste constituents, or leachate. (m) "Long-term care facility" means a licensed entity that aids with activities of daily living, including managing and administering pharmaceuticals to 1 or more individuals at the facility. Long-term care facility includes, but is not limited to, hospice facilities, nursing facilities, skilled nursing facilities, and the nursing and skilled nursing care portions of continuing care retirement communities. Long-term care facility does not include group homes, independent living communities, assisted living facilities, and the independent and assisted living portions of continuing care retirement communities. (n) "Low-level mixed waste" or "LLMW" means a waste that contains both LLRW and hazardous waste. (o) "Low-level radioactive waste" or "LLRW" means a radioactive waste that contains source, special nuclear, or byproduct materials, and that is not classified high-level radioactive waste, transuranic waste, spent nuclear fuel, or byproduct materials as those terms are defined in section 11 of the atomic energy act of 1954, 42 USC 2014. (p) "Management" or "hazardous waste management" means the systematic control of the collection, source separation, storage, transportation, processing, treatment, recovery, and disposal of hazardous waste. (q) "Manifest" means the shipping document EPA Form 8700-22, including, if necessary, EPA Form 8700-22A, or the electronic manifest, in accordance with the applicable requirements of parts 3, 4, and 6 of these rules. (r) "Manifest tracking number" means the alphanumeric identification number which is reprinted in item 4 of the manifest by a registered source. (s) "Method of treatment or disposal" means 1 of the major categories of treatment or disposal used for hazardous waste, including any of the following: (i) Landfill. (ii) Land treatment. (iii) Thermal treatment. (iv) Chemical treatment. (v) Physical treatment. (vi) Biological treatment. (t) "Military" means the DOD, the United States Armed Services, Coast Guard, National Guard, DOE, or other parties under contract or acting as agent for any of the parties, that handle military munitions. (u) "Military munitions" means all ammunition products and components produced or used by or for the DOD or the United States Armed Services for national defense and security, including military munitions under the control of the DOD, the United States Coast Guard, the DOE, and National Guard personnel. Military munitions includes any of the following: confined gaseous, liquid, and solid propellants, explosives, pyrotechnics, chemical and riot control agents, smokes, and incendiaries used by DOD components, including bulk explosives and chemical warfare agents, chemical munitions, rockets, guided and ballistic missiles, bombs, warheads, mortar rounds, artillery ammunitions, small arms ammunitions, grenades, mines, torpedoes, depth charges, cluster munitions and dispensers, demolitions charges, and devices and components thereof. Military munitions do not include wholly inert items, improvised explosive devices, and nuclear weapons, nuclear devices, and nuclear components thereof. However, military munitions include nonnuclear components of nuclear devices, managed under the DOE's nuclear weapons program after all required sanitization operations under the atomic energy act of 1954, 42 USC 2011 to 2297g-4, have been compiled. (v) "Military range" means designated land and water areas set aside, managed, and used to conduct research on, develop, test, and evaluate military munitions and explosives, other ordnance, or weapon systems, or to train military personnel in their use and handling. Ranges include firing lines and positions, maneuver areas, firing lanes, test pads, detonation pads, impact areas, and buffer zones with restricted access and exclusionary areas. (w) "Mining overburden returned to the mine site" means any material overlying an economic mineral deposit that is removed to gain access to the deposit and is used for reclamation of a surface mine. (x) "Miscellaneous unit" means a hazardous waste management unit where hazardous waste is treated, stored, or disposed of. Miscellaneous unit does not include any of the following: (i) A container. (ii) A tank. (iii) A surface impoundment. (iv) A pile. (v) A land treatment unit. (vi) A landfill. (vii) An incinerator. (viii) A boiler. (ix) An industrial furnace. (x) An underground injection well with appropriate technical standards pursuant to 40 CFR part 146. (xi) A unit that is eligible for a temporary operating license for research under R 299.9501. (xii) A corrective action management unit. (xiii) A staging pile. (y) "Movement" means that hazardous waste transported to a facility in an individual vehicle. (z) "Mixed waste" means a waste that contains both hazardous waste and source, special nuclear, or byproduct material subject to the atomic energy act of 1954, 42 USC 2011 to 2297g-4. (aa) "Naturally occurring and/or accelerator-produced radioactive material" or "NARM" means radioactive material that is regulated by a state under state law, or by the DOE, as authorized by the atomic energy act of 1954, 42 USC 2011 to 2296g-4, under DOE orders, and meets either of the following requirements: (i) Is radioactive material that is naturally occurring and is not source, special nuclear, or byproduct material, as those terms are defined by the atomic energy act of 1954, 42 USC 2011 to 2297g-4. (ii) Is radioactive material that is produced by an accelerator. (bb) "New tank system" means a tank system or component that is used for the storage or treatment of hazardous waste and for which installation has commenced after July 14, 1986. As used in 40 CFR 264.193(g)(2) and 265.193(g)(2), a new tank system is one for which construction commences after July 14, 1986. (cc) "NFPA" means the National Fire Protection Association. (dd) "No free liquids" as used in R 299.9204, means that solvent-contaminated wipes may not contain free liquids as determined by Method 9095B, the Paint Filter Liquids Test, included in Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, EPA publication SW846, or by another standard or test method approved by the director, and that there is no free liquid in the container holding the wipes. (ee) "Non-acute hazardous waste" means all hazardous waste that are not acute hazardous waste or severely toxic hazardous waste. (ff) "Non-creditable hazardous waste" means a non-creditable hazardous waste pharmaceutical or a hazardous waste electronic nicotine delivery system. (gg) "Non-creditable hazardous waste pharmaceutical" means a prescription hazardous waste pharmaceutical that does not have a reasonable expectation to be eligible for manufacturer credit or a nonprescription hazardous waste pharmaceutical that does not have a reasonable expectation to be legitimately used or reused or reclaimed. Non-creditable hazardous waste pharmaceutical includes, but is not limited to, investigational drugs, free samples of pharmaceuticals received by healthcare facilities, residues of pharmaceuticals remaining in empty containers, contaminated personal protective equipment, floor sweepings, and clean-up material from the spills of pharmaceuticals. (hh) "Non-hazardous waste pharmaceutical" means a pharmaceutical that is a waste and is not listed in R 299.9213 or R 299.9214 and does not exhibit a characteristic identified in R 299.9212. (ii) "Non-pharmaceutical hazardous waste" means a waste that is listed in R 299.9213 or R 299.9214 or exhibits 1 or more characteristics identified in R 299.9212 but is not a pharmaceutical or an electronic nicotine delivery system. (jj) "NRC" means the United States Nuclear Regulatory Commission. (kk) "NRC license" or "NRC agreement state license" means a license issued by the NRC, or NRC agreement state, to users that manage radionuclides regulated by the NRC, or NRC agreement states, under the authority of the atomic energy act of 1954, 42 USC 2011 to 2297g-4. Editor's Note: An obvious error in R 299.9105 was corrected at the request of the promulgating agency, pursuant to Section 56 of 1969 PA 306, as amended by 2000 PA 262, MCL 24.256. The rule containing the error was published in Michigan Register, 2025 MR 8. The memorandum requesting the correction was published in Michigan Register, 2025 MR 13.