R 299.9106 Definitions; O to Q.

Rule 106. As used in these rules: (a) "On-ground tank" means a device that satisfies the definition of "tank" in R 299.9108(a) and that is situated so that the bottom of the tank is on the same level as the adjacent surrounding surface so that the external tank bottom cannot be visually inspected. (b) "On-site" means on the same or geographically contiguous property, which may be divided by a public or private right-of-way if the entrance and exit between the pieces of property are at a crossroads intersection and 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 that the public does not have access. (c) "On-site treatment facility" means a facility that is for the treatment of hazardous waste in tanks or containers, that is located on the site of generation of the wastes, and that does not do either of the following: (i) Include equipment for incineration. (ii) Accept hazardous wastes from other generators. (d) "Open burning" means the combustion of any material without any of the following characteristics: (i) Control of combustion air to maintain adequate temperature for efficient combustion. (ii) Containment of the combustion reaction in an enclosed device to provide sufficient residence time and mixing for complete combustion. (iii) Control of the emission of the gaseous combustion products. See also "incineration" and "thermal treatment." (e) "Operating license" means a license to construct a new facility or expand, enlarge, or alter an existing facility, or to operate a facility pursuant to the authority of part 111. (f) "Operator" means the person responsible for the overall operation of a facility. (g) "Owner" means the person that owns a treatment, storage, or disposal facility, or part of a facility, including the titleholder of the land on which the facility is located. (h) "Part 31" means part 31 of the act, MCL 324.3101 to 324.3134. (i) "Part 55" means part 55 of the act, MCL 324.5501 to 324.5542. (j) "Part 111" means part 111 of the act, MCL 324.11101 to 324.11153. (k) "Part 115" means part 115 of the act, MCL 324.11501 to 324.11587. (l) "Part 201" means part 201 of the act, MCL 324.20101 to 324.20142. (m) "Part 213" means part 213 of the act, MCL 324.21301a to 324.21334. (n) "Partial closure" means the closure of a hazardous waste management unit pursuant to the applicable closure requirements of 40 CFR part 265 and part 6 of these rules at a facility that contains other active hazardous waste management units. For example, partial closure may include the closure of a tank, including its associated piping and underlying containment systems, a landfill cell, surface impoundment, waste pile, or other hazardous waste management units while other units of the same facility continue to operate. (o) "Person" means any of the following entities: (i) An individual. (ii) A partnership. (iii) The state. (iv) A trust. (v) A firm. (vi) A joint stock company. (vii) A federal agency. (viii) A corporation, including a government corporation. (ix) An association. (x) A municipality (xi) A commission. (xii) A political subdivision of a state. (xiii) Any interstate body. (xiv) Another public body created by or under state law. (p) "Personnel" or "facility personnel" means all persons that work at, or oversee the operations of, a hazardous waste facility and whose actions or failure to act might result in noncompliance with part 111 or these rules. (q) "Pesticide" means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, or intended for use as a plant regulator, defoliant, or desiccant, other than any article that meets any of the following criteria: (i) Is a new animal drug under section 201(v) of the federal food, drug, and cosmetic act, 21 USC 321. (ii) Is an animal drug that has been determined by regulation of the secretary of health and human services not to be a new animal drug. (iii) Is an animal feed under section 201(w) of the federal food, drug, and cosmetic act, 21 USC 321, that bears or contains any substances identified in paragraph (i) or (ii) of this subdivision. (r) "Petrochemical recovered oil" means oil that has been reclaimed from secondary materials from normal organic chemical manufacturing processes and oil recovered from organic chemical manufacturing processes. (s) "Petroleum refining facility" means an establishment that is primarily engaged in producing gasoline, kerosene, distillate fuel oils, residual fuel oils, and lubricants through fractionation, straight distillation of crude oil, redistillation of unfinished petroleum derivatives, cracking, or other processes. (t) "Pharmaceutical" means any drug or dietary supplement for use by humans or other animals. Pharmaceutical includes, but not limited to, the following: (i) Dietary supplements, as that term is defined by section 201 the federal food, drug and cosmetic act, 21 USC 321. (ii) Prescription drugs, as that term is defined by 21 CFR 203.3(y). (iii) Over-the-counter drugs. (iv) Homeopathic drugs. (v) Compounded drugs. (vi) Investigational new drugs. (vii) Pharmaceuticals remaining in non-empty containers. (viii) Personal protective equipment contaminated with pharmaceuticals. (ix) Clean-up material from spills of pharmaceuticals. (u) Electronic nicotine delivery systems that are subject to regulation as a drug, device, or combination product by the FDA. Pharmaceutical does not include dental amalgam or sharps. (v) "Pile" means any noncontainerized accumulation of solid, nonflowing hazardous waste that is used for treatment or storage. (w) "Planned episodic event" means an episodic event that the generator planned and prepared for, including regular maintenance, tank cleanouts, short-term projects, and removal of excess chemical inventory. (x) "Plasma arc incinerator" means any enclosed device that uses a high intensity electrical discharge or arc as a source of heat followed by an afterburner using controlled flame combustion and is not listed as an industrial furnace. (y) "Point source" means any discernible, confined, and discrete conveyance, including any of the following from which pollutants are or might be discharged: (i) A pipe. (ii) A ditch. (iii) A channel. (iv) A tunnel. (v) A conduit. (vi) A well. (vii) A discrete fissure. (viii) A container. (ix) Rolling stock. (x) A concentrated animal feeding operation. (xi) A vessel or other floating craft. Point source does not include return flows from irrigated agriculture. (z) "Potentially creditable hazardous waste pharmaceutical" means a prescription hazardous waste pharmaceutical that has a reasonable expectation to receive manufacturer credit and meets all the following requirements: (i) Is in the original manufacturer packaging, except pharmaceuticals that were subject to a recall. (ii) Is undispensed. (iii) Is unexpired or less than 1 year past expiration date. Potentially creditable hazardous waste pharmaceutical does not include evaluated hazardous waste pharmaceuticals or nonprescription pharmaceuticals, such as over-the- counter drugs, homeopathic drugs, and dietary supplements. (aa) "Primary monitoring parameter" means indicator parameters, for example, specific conductance, total organic carbon, or total organic halogen; hazardous waste constituents; or reaction products which provide a reliable indication of the presence of hazardous constituents in groundwater and which, when specified in a facility operating license, are subject to all the requirements of 40 CFR part 264, subpart F. (bb) "Processed scrap metal" means scrap metal that has been manually or physically altered to either separate it into distinct materials to enhance economic value or to improve the handling of materials. Processed scrap metal includes, but is not limited to, scrap metal which has been baled, shredded, sheared, chopped, crushed, flattened, cut, melted, or separated by metal type and fines, drosses, and related materials that have been agglomerated. Shredded circuit boards being sent for recycling are not considered processed scrap and are covered under the exclusion from the definition of waste for shredded circuit boards that are being recycled in R 299.9204. (cc) "Processing" means chemical or physical operations designed to produce from used oil, or to make used oil more amenable for production of, fuel oils, lubricants, or other used oil-derived products. Processing includes all the following: (i) Blending used oil with virgin petroleum products. (ii) Blending used oils to meet fuel specifications. (iii) Filtration. (iv) Simple distillation. (v) Chemical or physical separation. (vi) Re-refining. (dd) "Prompt scrap metal" means scrap metal as generated by the metal working and fabrication industries. Prompt scrap metal, which is also known as "industrial" or "new" scrap metal, includes all the following: (i) Turnings. (ii) Cuttings. (iii) Punching. (iv) Borings. (ee) "Publicly owned treatment works" or "POTW," means any device or system which is used in the treatment, including recycling and reclamation, of municipal sewage or industrial wastes of a liquid nature and which is owned by state or municipality, as those terms are defined by section 502(4) of the federal clean water act, 33 USC 1362. Publicly owned treatment works includes sewers, pipes, or other conveyances only if they convey wastewater to a POTW providing treatment.