R 323.2104 Definitions; P to W.

Rule 2104. As used in this part: (a) "Part 91 permitting entity" means an agency that is designated by a county board of commissioners pursuant to the provisions of section 9105 of part 91 of the act; an agency that is designated by a city, village, or township in accordance with the provisions of section 9106 of part 91 of the act; or the department if the construction activity is under the jurisdiction of 2 or more municipal or county enforcing agencies; or the department for soil erosion and sedimentation activities under part 615 or part 631 pursuant to the provisions of section 9115 of part 91 of the act. (b) "Person" means an individual, partnership, association, corporation, industry, or public body. (c) "Point source discharge" means a discharge that is released to the waters of the state by a discernible, confined, and discrete conveyance, including any of the following from which wastewater is or may 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) A concentrated animal feeding operation. (x) A vessel or other floating craft. The term does not include a legally established county or intercounty drain, except for a county or intercounty drain that has a POTW designated as part of the drain or a discharge otherwise required to be authorized by a national permit. (d) "Production area" means that part of an AFO that includes animal confinement area, manure storage area, raw materials storage area, and waste containment areas. The animal confinement area includes open lots, housed lots, feedlots, confinement houses, stall barns, free stall barns, milk rooms, milking centers, cow yards, barnyards, medication pens, walkers, animal walkways, and stables. The manure storage area includes lagoons, runoff ponds, storage sheds, stockpiles, under-house or pit storages, liquid impoundments, static piles, and composting piles. The raw materials storage area includes feed silos, silage bunkers, and bedding materials. The waste containment area includes settling basins and areas within berms and diversions which separate uncontaminated storm water. Also included is any egg washing or egg processing facility, and any area used in the storage, handling, treatment, or disposal of mortalities. (e) "Production area waste" means manure and any waste from the production area and any precipitation, for example, rain or snow, which comes into contact with, or is contaminated by, manure or any of the components listed in the definition for "production area." Production area waste does not include water from land application areas. (f) "Public body" means the United States, the state of Michigan, city, village, township, county, school district, public college or university, single purpose governmental agency; or any other body which is created by federal or state statute or law. (g) "Publicly owned treatment works" or "POTW" means either of the following: (i) A facility or facilities which are owned by a governmental entity and which are used or intended to be used for the collection and treatment of municipal wastewater, including sewage, liquid industrial waste, and storm water. (ii) The owner or owners of a facility or facilities specified in paragraph (i) of this subdivision. (h) "Regional administrator" means the USEPA region V administrator. (i) "Regulated MS4" means an MS4 that is required to have a national permit to discharge storm water into surface waters of the state pursuant to R 323.2161(c), (d), (e), or (f). (j) "Regulated pollutants" means all of the following: (i) Pollutants that are limited by categorical pretreatment standards as defined in R 323.2302(q). (ii) Pollutants for which control measures on nondomestic sources are necessary to avoid noncompliance with effluent limitations established in the POTW's discharge permit. (iii) Pollutants for which control measures on nondomestic sources are necessary to avoid restricting the POTW's approved residuals management program. (iv) Pollutants for which control measures on nondomestic sources are necessary to avoid operational problems at the treatment facility or collection system. (k) "Reporting form" means the uniform NPDES reporting form, including subsequent additions, revisions, or modifications thereof, which is promulgated by the administrator of the USEPA and which is adopted by the department for use in administering these rules, or a state form that is prescribed by the department for use in administering these rules, for reporting data and information to the department by a discharger on monitoring and other conditions of permits. (l) "Runoff coefficient" means the fraction of total rainfall that will appear at a conveyance as runoff. (m) "Separate storm sewer system" means a system of drainage, including, but not limited to, roads, catch basins, curbs, gutters, parking lots, ditches, conduits, pumping devices, or man-made channels, which has the following characteristics: (i) The system is not a combined sewer where storm water mixes with sanitary wastes. (ii) The system is not part of a publicly owned treatment works (POTW). (n) "Site" means the area where a construction activity is physically located or conducted, including adjacent land that is used in connection with the construction activity. (o) "Small CAFO" means an AFO that is designated a CAFO by the department under R 323.2196(3) and is not a medium CAFO. (p) "Soil erosion and sedimentation control permit" means a permit that is issued pursuant to the provisions of part 91 of the act by a part 91 permitting entity. (q) "Soil erosion control measures" means the measures or procedures to prevent or reduce the pollution of waters of the state that are required in the soil erosion and sedimentation control permit for the site or the selected control measures from the approved control plan that are applicable to the site. (r) "Stabilization of earth change activity" means the proper placement, grading, or covering of soil or rock at a construction activity to ensure subsequent resistance to soil erosion, sliding, or other earth movement. (s) "State permit" means a permit or equivalent document or requirements that are issued by the department to a discharger who discharges wastewater on the ground or into groundwaters. (t) "Storm water" means storm water runoff, snow melt runoff, and surface runoff and drainage. (u) "Storm water discharge associated with industrial activity" means the discharge from any conveyance that is used for collecting and conveying storm water and that is directly related to manufacturing, processing, or raw materials storage areas at an industrial plant. The term does not include discharges from facilities or activities excluded from the national permits program under 40 C.F.R. §122.3 and §122.27 (2000). For the categories of industries identified in this subdivision, the term includes, but is not limited to, storm water discharges from all of the following: (i) Industrial plant yards. (ii) Immediate access roads and rail lines used or traveled by carriers of raw materials, manufactured products, waste material, or by-products used or created by the facility. (iii) Material handling sites. For the purposes of this paragraph, material handling activities include storage, loading and unloading, transportation, or conveyance of any raw material, intermediate product, final product, by-product, or waste product. (iv) Refuse sites. (v) Sites used for the application or disposal of process waste waters, as defined at 40 C.F.R. §401.11 (2000). (vi) Sites used for the storage and maintenance of material handling equipment. (vii) Sites used for residual treatment, storage, or disposal. (viii) Shipping and receiving areas. (ix) Manufacturing buildings. (x) Storage areas, including tank farms, for raw materials and intermediate and final products. (xi) Areas where industrial activity has taken place in the past and significant materials remain and are exposed to storm water. (xii) The term excludes areas located on plant lands separate from the plant's industrial activities, such as office buildings and accompanying parking lots as long as the drainage from the excluded areas is not mixed with storm water drained from the areas described in this paragraph. (xiii) Industrial facilities include facilities that are federally, state, or municipally owned or operated that meet the description of the facilities listed in the following paragraphs and those facilities designated by the department under the provisions of R 323.2161(1)(f). The following categories of facilities are considered to be engaging in "industrial activity" for purposes of this subdivision: (A) Facilities subject to EPA promulgated storm water effluent limitations guidelines, new source performance standards, or toxic pollutant effluent standards, except facilities that have toxic pollutant effluent standards which are exempted under paragraph (J) of this subdivision. (B) Facilities classified as standard industrial classifications 24, except 2434; 26, except 265 and 267;28, except 283; 29; 311; 32, except 323; 33; 3441; and 373. (C) Facilities classified as standard industrial classifications 10 through 14, mineral industry, including active or inactive mining operations, except for areas of non-coal mining operations which were released from applicable state or federal reclamation requirements after December 17, 1990, and oil and gas exploration, production, processing, or treatment operations, or transmission facilities that discharge storm water contaminated by contact with, or that has come into contact with, any overburden, raw material, intermediate products, finished products, byproducts, or waste products located on the site of operations. Inactive mining operations are mining sites which are not being actively mined, but which have an identifiable owner/operator. Inactive mining sites do not include sites where mining claims are being maintained before disturbances associated with the extraction, beneficiation, or processing of mined materials and do not include sites where minimal activities are undertaken for the sole purpose of maintaining a mining claim. (D) Hazardous waste treatment, storage, or disposal facilities, including those that are operating under interim status or a permit under subtitle c of the federal resource conservation and recovery act. (E) Landfills, land application sites, and open dumps that receive or have received any industrial wastes, waste that is received from any of the facilities described under this subdivision, including those that are subject to regulation under subtitle D of the federal resource conservation and recovery act. (F) Facilities involved in the recycling of materials, including metal scrap yards, battery reclaimers, salvage yards, and automobile junkyards, which are classified as standard industrial classification 5015 and 5093. (G) Steam electric power generating facilities, including coal handling sites. (H) Transportation facilities classified as standard industrial classifications 40; 41; 42, except 4221 to 25; 43; 44; 45; and 5171 which have vehicle maintenance shops, equipment cleaning operations, or airport deicing operations. Only those portions of the facility that are either involved in vehicle maintenance, including vehicle rehabilitation, mechanical repairs, painting, fueling, and lubrication; equipment cleaning operations, airport deicing operations, or which are otherwise identified under paragraphs (i) to (vii), (ix), or (x) of this subdivision are associated with industrial activity. (I) Treatment works treating domestic sewage or any other sewage sludge or wastewater treatment device or system, used in the storage, treatment, recycling, and reclamation of municipal or domestic sewage, including land dedicated to the disposal of sewage sludge that is located within the confines of the facility, provided the system has a design flow of 1.0 million gallons per day or more, or is required to have an approved federal pretreatment program under 40 C.F.R., part 403 (2000). Not included are farm lands, domestic gardens, or lands used for sludge management where sludge is beneficially reused and which are not physically located in the confines of the facility, or areas that are in compliance with section 405 of the federal act. (J) Facilities under standard industrial classifications 20; 21; 22; 23; 2434; 25; 265; 267; 27; 283; 285; 30; 31, except 311; 323; 34, except 3441; 35; 36; 37, except 373; 38; 39; and 4221 to 25. (v) "Total maximum daily load" or "TMDL" means a written, quantitative plan and analysis for attaining and maintaining water quality standards in all seasons for a specific water body and pollutant. (w) "Trade secret" means the whole or any portion or phase of any manufacturing proprietary process or method which is not patented, which is secret, which is useful in compounding an article of trade that has a commercial value, and the secrecy of which the owner has taken reasonable measures to prevent from becoming available to persons other than those selected by the owner to have access thereto for limited purposes. "Trade secret" shall not be construed, for purposes of these rules, to include any information relative to the quantum and character of waste products or their constituents discharged or sought to be discharged into waters of this state. (x) "Urbanized area" means a place and the adjacent densely populated territory that together have a minimum population of 50,000 people, as defined by the United States bureau of the census and as determined by the latest available decennial census. (y) "Urbanizing area" means an area of contiguous census blocks with population densities of 1,000 persons or more per square mile that together have a population of 10,000 people or more, as determined by the latest available decennial census. (z) "Vessel" means any contrivance that is used or capable of being used for navigation upon water, whether or not the contrivance is capable of self-propulsion, including any of the following: (i) Foreign and domestic vessels that are engaged in commerce upon the waters of the state. (ii) Passenger or other cargo-carrying vessels. (iii) Privately owned recreational watercraft. (iv) Any other floating craft. (aa) "Waste" means any waste, wastewater, waste effluent, or pollutant that is discharged into water, including any of the following: (i) Dredged spoil. (ii) Solid waste. (iii) Incinerator residue. (iv) Sewage. (v) Garbage. (vi) Sewage sludge. (vii) Munitions. (viii) Chemical wastes. (ix) Biological materials. (x) Radioactive materials. (xi) Heat. (xii) Wrecked or discarded equipment. (xiii) Rock. (xiv) Sand. (xv) Cellar dirt. (xvi) Industrial, municipal, and agricultural waste. (bb) "Wastewater" means liquid waste discharges directly or indirectly into the waters of the state that result from industrial and commercial processes and municipal operations, including liquid or water-carried process waste, cooling and condensing waters, and sanitary sewage. (cc) "Water quality standards" means the part 4 water quality standards promulgated pursuant to part 31 of 1994 PA 451, as amended, being R 323.1041 to 323.1117 of the Michigan administrative code.