NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT (EXCERPT)
Act 451 of 1994
324.11503 Definitions; D to W.
(1) "De minimis" refers to a small amount of material or number of items, as applicable, commingled and incidentally disposed of with other solid waste.
(2) "Department" means the department of environmental quality.
(3) "Director" means the director of the department.
(4) "Discharge" includes, but is not limited to, any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing of a substance into the environment which is or may become injurious to the public health, safety, or welfare, or to the environment.
(5) "Disposal area" means 1 or more of the following at a location as defined by the boundary identified in its construction permit or engineering plans approved by the department:
(a) A solid waste transfer facility.
(c) Sanitary landfill.
(d) Processing plant.
(e) Other solid waste handling or disposal facility utilized in the disposal of solid waste.
(6) "Enforceable mechanism" means a legal method whereby the state, a county, a municipality, or another person is authorized to take action to guarantee compliance with an approved county solid waste management plan. Enforceable mechanisms include contracts, intergovernmental agreements, laws, ordinances, rules, and regulations.
(7) "Escrow account" means an account managed by a bank or other financial institution whose account operations are regulated and examined by a federal or state agency and which complies with section 11523b.
(8) "Farm" means that term as defined in section 2 of the Michigan right to farm act, 1981 PA 93, MCL 286.472.
(9) "Farm operation" means that term as defined in section 2 of the Michigan right to farm act, 1981 PA 93, MCL 286.472.
(10) "Financial assurance" means the mechanisms used to demonstrate that the funds necessary to meet the cost of closure, postclosure maintenance and monitoring, and corrective action will be available whenever they are needed.
(11) "Financial test" means a corporate or local government financial test or guarantee approved for type II landfills under 42 USC 6941 to 6949a. An owner or operator may use a single financial test for more than 1 facility. Information submitted to the department to document compliance with the test shall include a list showing the name and address of each facility and the amount of funds assured by the test for each facility. For purposes of the financial test, the owner or operator shall aggregate the sum of the closure, postclosure, and corrective action costs it seeks to assure with any other environmental obligations assured by a financial test under state or federal law.
(12) "Food processing residuals" means any of the following:
(a) Residuals of fruits, vegetables, aquatic plants, or field crops.
(b) Otherwise unusable parts of fruits, vegetables, aquatic plants, or field crops from the processing thereof.
(c) Otherwise unusable food products which do not meet size, quality, or other product specifications and which were intended for human or animal consumption.
(13) "Garbage" means rejected food wastes including waste accumulation of animal, fruit, or vegetable matter used or intended for food or that results from the preparation, use, cooking, dealing in, or storing of meat, fish, fowl, fruit, or vegetable matter.
(14) "Scrap wood" means wood or wood product that is 1 or more of the following:
(a) Plywood, pressed board, oriented strand board, or any other wood or wood product mixed with glue or filler.
(b) Wood or wood product treated with creosote or pentachlorophenol.
(c) Any other wood or wood product designated as scrap wood in rules promulgated by the department.
(15) "Treated wood" means wood or wood product that has been treated with 1 or more of the following:
(a) Chromated copper arsenate (CCA).
(b) Ammoniacal copper quat (ACQ).
(c) Ammoniacal copper zinc arsenate (ACZA).
(d) Any other chemical designated in rules promulgated by the department.
(16) "Wood" means trees, branches, bark, lumber, pallets, wood chips, sawdust, or other wood or wood product but does not include scrap wood, treated wood, painted wood or painted wood product, or any wood or wood product that has been contaminated during manufacture or use.
History: 1994, Act 451, Eff. Mar. 30, 1995
Am. 1996, Act 359, Imd. Eff. July 1, 1996
Am. 1998, Act 466, Imd. Eff. Jan. 4, 1999
Am. 2007, Act 212, Eff. Mar. 26, 2008
Popular Name: Act 451
Popular Name: NREPA
Popular Name: Solid Waste Act
© 2009 Legislative Council, State of Michigan