Section 285.642.1. Definitions.

Rule 1. (1) As used in these rules:

(a)       "Approved" means approval by the director of the department   or       his or her representative.

(b)       "Appurtenances" mean any of the following which are connected to a bulk fertilizer container or which are used for transferring  bulk fertilizer between containers:

(i)   Valves.

(ii)     Gauges.

(iii) Portable manufacturing units.
(iv) Pumps.
(v) Fittings.
(vi)Hoses.
(vii)Mixing containers.
(viii)  Plumbing.
(ix)  Metering devices.
(c)  "Aqua ammonia" means an aqueous  solution     of	anhydrous	ammonia which

generally contains 18% to 30% of ammonia (NH3) by weight and which has a vapor pressure that usually varies from 0 to 10 pounds per square inch gauge (psig) at 104 degrees Fahrenheit.

(d)     "Bulk fertilizer" means fluid fertilizer in a single container that has a capacity of more than 2,500 United States gallons, or a combined total capacity for all storage containers or tanks located at a  single site  or location greater than 7,500 United States gallons. For purposes of this rule, use solutions  and  rinsates  are  bulk fertilizers  if they are in containers that meet the capacities specified in this subdivision.

(e)     "Department" means the Michigan department of agriculture.

(f)     "Discharge" means an uncontained  release  to  the  environment   in a quantity that is more than 55 United States gallons of bulk fertilizer."Discharge" does not include a fully contained transfer of bulk  fertilizer that is made pursuant to storage, distribution, or intended agronomic use.

(g)      "Elephant ring" means a storage container which has an open top and which serves as a secondary containment vessel into  which   a    primary storage container with a smaller volume is placed.

(h)     "Existing bulk storage facility" means  a  facility  that   on  the effective date of this rule, is being used to store or hold bulk   fertilizers where    the location of bulk

containers remains  the     same      whether       bulk containers   are replaced, added to, or reorganized.

(i)     "Farm" means the land, plants, animals,  buildings,  structures, including ponds used for agricultural or aquacultural activities, machinery, equipment, and other appurtenances used in the commercial production of  farm products.

(j)   "Farm fertilizer bulk storage" means the storage of bulk fertilizer by an agricultural producer for use in an agricultural operation that is owned, operated, or controlled by that producer.

(k)    "Farm storage facility" means a facility which is used to store or hold bulk fertilizer and which is owned, operated, controlled, or leased as part of the farm operation or by a person who uses bulk fertilizer for his or her own agricultural use.

(l)     "Fertilizer" means a substance containing 1 or more recognized plant nutrients, which substance is used for its plant nutrient content and which is designed for use, or claimed to have value, in promoting plant growth.Fertilizer does not include unmanipulated animal and vegetable manures, marl, lime, limestone, wood ashes, and other materials  exempted   by  rules promulgated under this part.

(m)     "Field operations" means the application of fertilizer to soil or plants in the course of normal agricultural or horticultural practice.

(n)      "Floodplain", for the purpose of this rule, means any land area that is subject to a 1% or greater chance of  flooding.   This is equivalent to a 100-year flood.

(o)      "Fluid   fertilizer"  means   fertilizer   in   fluid     form     and includes solutions, emulsions, suspensions, and slurries.  "Fluid fertilizer" does not include anhydrous ammonia.

(p)     "Groundwater" means underground water within the zone of saturation.

(q)           "Mobile container" means a container designed or used for transporting fertilizer.

(r)     "New bulk storage facility" means a storage facility  as  designated by the director or a storage facility that  locates  new,   used,  or refurbished bulk containers where, before the effective date of this   rule, bulk  storage was not conducted.

(s)      "Operational area" means an  area  or  areas   at  a  farm  storage facility where bulk fertilizers are transferred, loaded, unloaded, mixed,  or refilled.

(t)     "Operational area containment" means any structure or system  that is designed and constructed to effectively intercept and contain spills, container or equipment washwater, and precipitation to prevent the runoff or leaching of fertilizer from an operational area.

(u)        "Primary containment" means the storage of  bulk  fertilizer  in storage containers at a storage facility.

(v)      "Rinsate" means the liquid that is generated from the rinsing of the interior surface  of   any  fertilizer   application   equipment   or fertilizer container that has come in direct contact with any fertilizer. "Rinsate" includes the liquid  that  is generated by cleaning a containment area in accordance with the provisions of R 285.642.10(2).

(w)    "Secondary containment" means any structure, including dikes, that is effectively designed and constructed to contain spills or  leaks  and to prevent escapes,  runoff, and  leaching  of   fertilizer    from    bulk storage containers and appurtenances.

(x)     "Spill" means a contained   release,  within   a  containment   area or operational pad, in a quantity that is more than 55 United States gallons of bulk fertilizer. "Spill" does not include a fully contained transfer of bulk fertilizer that is made pursuant to storage,    distribution,    or intended agronomic use.

(y)     "Storage container" means a container, rail car, nurse  tank,  or mobile container that is used for the  storage  of  bulk   fertilizer. "Storage container" does not include any of the following:

(i)      A mobile container that stores bulk fertilizer at a farm storage facility for less than 30 consecutive days.

(ii)       A mobile container that is located other than on property which is owned, operated, or controlled by an owner or operator of a farm storage facility for less than 30 consecutive days.

(iii)        A container which is 2,500 gallons or less and which is used solely as emergency storage for leaking fertilizer containers.

(z)      "Sump" means any catch basin, pit, or reservoir, and those trenches and troughs connected to them, that serve to collect liquid.

(aa) "Surface water", for the purposes of this rule, means a  body  of water that has its top surface exposed to the atmosphere and includes lakes, ponds, or water holes that cover an area greater  than   0.25  acres  and streams, rivers, or waterways that maintain a flow year-round. "Surface water" does not include waterways with intermittent flow.

(bb) "Washwater" means the liquid that is generated from rinsing the exterior surfaces of application, handling, storage, transportation, or nurse equipment. "Washwater" does not include the liquid that is generated by cleaning  a containment  area in accordance  with  the provisions  of   R 285.642.10(2).

History: 2003 AACS.