Section 323.1701. Definitions.

Rule 1701. (1) As used in this part:

(a)     "Accelerated soil erosion" means the increased loss of the land surface that occurs as a result of human activities.

(b)       "Acceptable erosion and sediment control program" means the activities of a county or local enforcing agency or authorized public agency that are conducted in accordance with these rules and part 91 regarding staff training, developing and reviewing plans, issuing  permits,   conducting inspections, and initiating compliance and enforcement actions to effectively minimize erosion and off-site sedimentation.

(c)       "Designated agent" means a person who has written authorization from the landowner to sign the application and secure a permit in the  landowner's name.

(d)   "Lake" means the Great Lakes and all natural and artificial inland lakes or impoundments that have definite banks, a bed, visible evidence of a continued occurrence of water, and a surface area of water that is equal to, or greater than, 1 acre. "Lake" does not include sediment basins and basins constructed for the sole purpose of storm water retention, cooling water, or treating polluted water.

(e)   "Landowner" means the person who owns or holds a recorded easement on the property or who is engaged in construction in a public right-of-way in accordance with sections 13, 14, 15, and 16 of Act No. 368 of the Public Acts of 1925, as amended, being

§§247.183, 247.184, 247.185, and  247.186  of the Michigan Compiled Laws.

(f)        "Nonerosive velocity" means a speed of water movement  that  is  not conducive to the development of accelerated soil erosion.

(g)    "Part 91" means part 91 of Act No. 451 of the Public Acts of 1994, as amended, being §§324.9101 to 324.9123 of the Michigan Compiled Laws.

(h)  "Sediment basin" means a naturally occurring or constructed depression used for the sole purpose of capturing sediment during or   after  an  earth change activity.

(i)   "Stabilization" means the establishment of vegetation or the proper placement, grading, or covering of soil to ensure its resistance to soil erosion, sliding, or other earth movement.

(j)      "Storm water retention basin" means an area which is constructed to capture surface water runoff and which does not discharge directly to a lake or stream through an outlet.  Water leaves  the  basin  by infiltration  and evaporation.

(k)     "Stream" means a river, creek, or other surface watercourse which may or may not be serving as a drain as defined in Act No. 40 of the Public Acts of 1956, as amended, being §280.1 et seq. of the Michigan Compiled Laws, and which has definite banks, a bed, and visible evidence of the continued flow or continued occurrence of water, including the  connecting waters  of  the Great Lakes.

(l)   "Temporary soil erosion and sedimentation control measures" means interim control measures which are installed or constructed to control soil erosion and sedimentation  and  which  are not  maintained   after project completion.

(m)     "Permanent soil erosion and sedimentation control measures" means control measures which are installed or constructed to control soil erosion and sedimentation and which are maintained after project completion.

(2) The terms defined in part 91 have the same meanings when used in these rules.

History: 1979 AC; 1998 AACS.