Section 323.2103. Definitions; G to O.

Rule 2103. As used in this part:

(a)        "General permit" means a national permit issued authorizing a category of similar discharges.

(b)          "Guidelines," unless otherwise noted, means the federal guidelines promulgated by the USEPA entitled "Part 124 - Procedures for Decision making," 40 C.F.R. §124 (2004).

(c)     "Illicit connection" means a physical connection to a separate storm sewer that primarily conveys  non-storm   water  discharges  other   than  uncontaminated groundwater into the storm sewer; or a physical connection not authorized or permitted by the local authority, where a local authority requires authorization or a permit for physical connections.

(d)    "Illicit discharge" means any discharge to, or seepage into, a separate storm sewer that is not composed entirely of storm water or uncontaminated groundwater. Illicit discharges include non-storm water discharges through pipes or other physical connections; dumping of motor vehicle fluids, household hazardous wastes, domestic animal wastes, or litter; collection and intentional dumping of grass clippings or leaf litter; or unauthorized discharges of sewage, industrial waste, restaurant wastes, or any other non-storm water waste directly into a separate storm sewer.

(e)     "Industry" means a private person, corporation, firm,  plant,   or establishment that directly or indirectly discharges waste or wastewater into the waters of the state.

(f)     "Land application area" specifically for CAFOs means land under  the control of an AFO owner or operator, whether it is owned, rented, leased, or subject to an access agreement to which production area waste or CAFO process wastewater is or may be applied. Land application area includes land  not owned by the AFO owner or operator but the AFO owner or operator has control of the land application of production area waste or CAFO process wastewater.

(g)      "Large CAFO" is an AFO that stables or confines as many as or more than the numbers of animals specified in any of the following categories:

(i)     700 mature dairy cows, whether milked or dry.

(ii)     1,000 veal calves.

(iii)       1,000 cattle other than mature dairy cows or veal calves. Cattle includes heifers, steers, bulls, and cow/calf pairs.

(iv)     2,500 swine each weighing 55 pounds or more.

(v)     10,000 swine each weighing less than 55 pounds.

(vi)     500 horses.

(vii)     10,000 sheep or lambs.

(viii)     55,000 turkeys.

(ix)      30,000 laying hens or broilers, if the AFO uses a liquid manure handling system.

(x)     125,000 chickens (other than laying hens), if the AFO uses other than a liquid manure handling system.

(xi)      82,000 laying hens, if the AFO uses other than a liquid manure handling system.

(xii)     )  30,000 ducks, if the AFO uses other than a  liquid  manure handling system.

(xiii)     ) 5,000 ducks, if the AFO uses a liquid manure handling system.

(h)     "Local limit" means a specific prohibition or limit on discharges of pollutants or pollutant parameters by a nondomestic source to a POTW that are set by a POTW in accordance with an approved pretreatment program.

(i)        "Mailing list" means a permanent   list  of  persons  who  request notification and information on public hearings, permits, and other NPDES forms that is prepared and maintained by the department pursuant  to  the guidelines, these rules, and 1969 PA 306, MCL 24.201 et seq.

(j)       "Management agency" means an area-wide waste treatment management agency that is designated by the governor pursuant  to  the  provisions   of section 208(a) of the federal act.

(k)         "Manure" includes manure, bedding, compost, and raw materials or other materials commingled with manure or set aside for disposal.

(l)        "Maximum extent practicable" or "MEP" means implementation of best management practices by a public body to comply with an approved storm water management program as required in a national permit for a municipal separate storm sewer system, in a   manner  that  is   environmentally  beneficial, technically feasible, and within the public body's legal authority.

(m)     "Medium CAFO" is defined as the following:

(i)     Is an AFO that stables or confines the numbers of animals specified in any of the categories listed in subdivision (ii) of this subrule, and any of the following are met:

(A)    Has been designated by the department as a CAFO under R 323.2196(3).

(B)       Pollutants are discharged from the production area into waters of the state through a manmade ditch, pipe, tile, swale, flushing system, or other similar manmade conveyance.

(C)     Pollutants are discharged directly into waters of the state from the production area which originate outside of and pass over, across, or through the facility or that otherwise come into  direct  contact  with  the  animals confined in the operation.

(ii)     Includes the following number and type of animals:

(A)    ) 200 to 699 mature dairy cows, whether milked or dry.

(B)    )  300 to 999 veal calves.

(C)     300 to 999 cattle other than mature dairy cows or veal calves. Cattle includes heifers, steers, bulls, and cow/calf pairs.

(D)    )  750 to 2,499 swine each weighing 55 pounds or more.

(E)    ) 3,000 to 9,999 swine each weighing less than 55 pounds.

(F)    ) 150 to 499 horses.

(G)    )  3,000 to 9,999 sheep or lambs. (H) 16,500 to 54,999 turkeys.

(I)      9,000 to 29,999 laying hens or broilers, if the AFO uses a liquid manure handling system.

(J)     ) 37,500 to 124,999 chickens (other than laying hens), if the AFO  uses other than a liquid manure handling system.

(K)     25,000 to 81,999 laying hens, if the AFO uses other than a liquid manure handling system.

(L)     10,000 to 29,999 ducks, if the AFO uses other than a liquid manure handling system.

(M)     1,500 to 4,999 ducks, if the AFO uses a liquid manure handling system.

(n)     "Minor discharge" means a discharge of wastewater which has a  total volume of less than 50,000 gallons on every day of the year, which does not affect the waters of another state, and which is not identified by  the  department,  the   regional administrator, or by the administrator of the USEPA, in regulations issued by him or her pursuant to the provisions of section 307(a) of the federal act, as a discharge which is not a minor discharge, except that a discharge is not a minor discharge if there is a discharge of less than 50,000 gallons on any day of the year which represents 1 of 2 or more discharges from a single person, municipality, or industry that, in total, is more than 50,000 gallons on any day of the year.

(o)     "Municipal separate storm sewer system" or "MS4" means all separate storm sewers that are owned or operated by the United States, a state, city, village, township, county, district, association, or other public body created by or pursuant to state law, having jurisdiction over disposal of sewage, industrial wastes, storm water, or other wastes, including special districts under state law, such as a sewer district, flood control district, or drainage district, or similar entity, or a designated or approved management agency under section 208 of the federal act that discharges to waters of the state. This term includes systems similar to separate storm sewer systems in municipalities, such as systems at military bases, large hospital or prison complexes, and highways and other thoroughfares. The term does not include separate storm sewers in  very discrete  areas,  such as individual buildings.

(p)       "National permit" means an NPDES permit, or equivalent document or requirements, issued by the department to a discharger pursuant to sections 3106 and 3112 of part 31 of the act for discharges into surface waters.

(q)     "New source" means a building, structure, facility, or installation from which waste, pollutants, or wastewater is or may be discharged into the surface or groundwaters of the state or on the ground and for which construction was commenced after publication of proposed regulations by the USEPA prescribing a standard of performance pursuant to the provisions of section 306(a) of the federal act that will be applicable to the source if the standard is thereafter promulgated in accordance with the provisions  of section 306 of the federal act.

(r)        "Noncompliance list" means a list of dischargers, which is prepared by the department pursuant to these rules and the guidelines for transmittal to the regional administrator, who fail or refuse to comply with a compliance schedule in a permit issued pursuant to part 31 of the act.

(s)        "Nondomestic source" or "source of nondomestic wastewater" means an industry, commercial establishment, or other entity that discharges wastewater to a publicly owned treatment works other than, or in addition to, water-carried wastes from toilet, kitchen, laundry, bathing, or other facilities that are used for household purposes.

(t)         "NPDES" means the national pollutant discharge elimination system established by the federal act.

(u)       "NPDES form" means any issued permit and any uniform national form which is used by the department, which is developed for use in the NPDES, and which is prescribed in regulations promulgated by the administrator of the USEPA, including an NPDES application and a reporting form.

(v)     "On-site disposal system" means a natural system or mechanical device used to collect, treat and discharge, or reclaim wastewater from 1 or more dwelling units without the use of  community-wide sewers  or a  centralized treatment facility.

History: 1979 AC; 1985 AACS; 1992 AACS; 2003 AACS; 2005 AACS; 2006 AACS.