R 323.2102 Definitions; A to F.

Rule 2102. As used in this part: (a) "Act" means 1994 PA 451, MCL 324.3101 et seq., and the rules promulgated under the act. (b) "Animal feeding operation (AFO)" means a lot or facility, other than an aquatic animal production facility, where the animals, other than aquatic animals, have been, are, or will be stabled or confined and fed or maintained for a total of 45 days or more in any 12-month period, and crops, vegetation, forage growth, or post-harvest residues are not sustained in the normal growing season over any portion of the lot or facility. (c) "Applicant" means a person who applies to the department for a state or national permit to discharge waste or wastewaters into the waters of the state by an NPDES application form or a state permit application form. (d) "Application" means either the uniform national NPDES application form, including subsequent additions, revisions, or modifications thereof, promulgated by the administrator of EPA and adopted for use by the department or a state permit application form for applying for a permit. (e) "Approved control plan" means the plan which is prepared by an authorized public agency, which is approved by the department pursuant to the provisions of section 9110 of part 91 of the act, and which contains the soil erosion and sedimentation control procedures that govern all construction activities normally undertaken by the authorized public agency. (f) "Authorized public agency" means a state, local, or county agency that is designated pursuant to the provisions of section 9110 of part 91 of the act to implement soil erosion and sedimentation control requirements with regard to construction activities undertaken by the agency. (g) "Authorized representative" means a person who has written authorization from the construction permittee to sign the notice of coverage in the name of the construction permittee. (h) "Certified storm water operator" means an individual who has been certified by the department pursuant to the provisions of section 3110 of part 31 of the act as properly qualified to operate treatment or control facilities for storm water discharges. (i) "Concentrated animal feeding operation (CAFO)" means an AFO that is defined as a large CAFO or a medium CAFO, or that is designated by the department under R 323.2196(3) as a medium CAFO or a small CAFO. Two or more AFOs under common ownership are considered to be a single AFO for the purposes of determining the number of animals at an operation, if they adjoin each other or if they use a common area or system for the disposal of wastes. (j) "CAFO process wastewater" means water directly or indirectly used in the operation of a CAFO for any of the following: (i) Spillage or overflow from animal or poultry watering systems. (ii) Washing, cleaning, or flushing pens, barns, manure pits, or other AFO facilities. (iii) Direct contact swimming, washing, or spray cooling of animals. (iv) Dust control. (v) Any water which comes into contact with, or is a constituent of, any raw materials, products, or byproducts including manure, litter, feed, milk, eggs, or bedding. (k) "Construction activity" means a man-made earth change or disturbance in the existing cover or topography of land for which a national permit is required pursuant to the provisions of 40 C.F.R. §122.26(a) (2000) and which is any of the following: (i) Five acres or more in size and defined as a construction activity pursuant to the provisions of 40 C.F.R. §122.26(b)(14)(x) (2000). (ii) One acre or more in size and defined as a small construction activity pursuant to the provisions of 40 C.F.R. §122.26(b)(15) (2000). (iii) Less than 1 acre of total land area that is part of a larger common plan of development or sale if the larger common plan will ultimately disturb 1 acre or more. The term includes clearing, grading, and excavating activities. The term does not include the practices of clearing, plowing, and tilling soil and harvesting for the purpose of crop production. (l) "Construction permittee" means a person who is deemed to have a national permit pursuant to the provisions of R 323.2190 and who owns or holds a recorded easement on the property where a construction activity is located, is constructing in a public right-of- way in accordance with the provisions of sections 13, 14, 15, and 16 of 1925 PA 368, MCL 247.183, 247.184, 247.185, and 247.186, or is the authorized public agency if a construction activity is carried out by the authorized public agency. (m) "Department" means the director of the department of environmental quality or his or her designee to whom the director delegates a power or duty by written instrument. (n) "Discharge" means any direct or indirect discharge of any waste, waste effluent, wastewater, pollutant, or any combination thereof into any of the waters of the state or upon the ground. (o) "Discharger" means any person who discharges, directly or indirectly, any substance defined by section 3109 of part 31 of the act, any treated or untreated waste, waste effluent, wastewater, or pollutant; or cooling waters into any of the waters of the state or upon the ground. (p) "Draft permit" means a draft of a permit which is proposed to be issued by the department, which is prepared by staff of the department before public notice of an application for a permit by a discharger, and which contains proposed effluent standards and limitations, proposed compliance schedules, and other proposed conditions or restrictions deemed necessary by the department for a discharge. (q) "Effluent standards and limitations" means all state or federal effluent standards and limitations on quantities, rates, and concentrations of chemical, physical, biological, and other constituents to which a waste or wastewater discharge may be subject under the federal act or part 31 of the act, including all of the following: (i) Effluent limitations. (ii) Standards of performance. (iii) Toxic effluent standards and prohibitions. (iv) Pretreatment standards. (v) Schedules of compliance. (r) "EPA" means the United States environmental protection agency. (s) "Fact sheet" means a description of a discharge which is available to the public, which is prepared by the department pursuant to the guidelines, and which includes all of the following information: (i) Information on the location of the discharge. (ii) Rate or frequency of the discharge. (iii) Components of the discharge. (iv) Proposed determinations of the department regarding the discharge. (v) The location and identification of uses of the receiving waters. (vi) Water quality standards and procedures for formulation of final determinations on the discharge by the department. (t) "Federal act" means the federal water pollution control act, commonly referred to as the clean water act, Public Law 92-500, as amended by Public Law 95-217, Public Law 95-576, Public Law 96-483, Public Law 97-1171, and Public Law 100-4, 33 U.S.C. §1251 et seq., and the rules and regulations promulgated thereunder.