Section 323.3101. Definitions.

Rule 1.  As used in these rules:

(a)    "Act" means 1978 PA 368, MCL 333.12561 et seq.

(b)      "Active ingredient" means an ingredient that will prevent, destroy, repel, or control target organisms, act as a plant regulator, defoliant, or desiccant, or otherwise alter the behavior of plants or chemicals.

(c)      "Algae" means any of the group of nonvascular aquatic plants which do not have stems, flowers, leaves, and roots, and which are single-celled, colonial, or filamentous forms.

(d)    "Applicant" means any of the following entities:

(i)     A person who is the bottomland owner.

(ii)     A lake board established under part 309 of 1994 PA 451.

(iii)     A state or local government.

(iv)      A person who has written authorization to act on behalf of an entity specified in this subdivision.

(e)      "Aquatic nuisance" means any organism which lives or propagates, or both, within the aquatic environment and which impairs the use or enjoyment of the waters of the state, including the intermediate aquatic hosts  for  schistosomes   that  cause swimmers' itch.

(f)    "Aquatic vegetation" means both algae and higher aquatic plants.

(g)    "Area of impact" means the area within a waterbody where target organisms may be adversely affected or destroyed.

(h)       "Certificate of coverage"   means  written  authorization   from  the department to implement a project under a general permit.

(i)     "Chemical" means any product designed to control, aid in the control, eliminate, or restrict the growth of aquatic nuisances.

(j)     "Commercial applicator" means a person  who   is  required  to  be   a registered or certified applicator under part 83 of 1994 PA 451, who uses or supervises the use of a restricted use pesticide, or holds himself or herself out to the public as being in the business of applying pesticides.

(k)     "Department" means the Michigan department of environmental quality.

(l)     "Director" means the director of the department.

(m)            "Emergency notification procedure" means a department-approved procedure submitted annually by a commercial applicator, or  state  or   local government,

which provides a description of all available means  of  contact, such as home telephone number, business telephone number,  mobile  telephone number, or pager number.

(n)     "EPA" means the United States environmental protection agency.

(o)         "FIFRA" means the federal insecticide, fungicide and rodenticide act, as amended, being 7 U.S.C. §§136 to 136(y).

(p)       "Fluridone" means 1-methyl-3-phenyl-5-[3-(trifluoromethyl)phenyl]-4(1h)- pyridinone.

(q)     "General permit" means a permit for a category of activities that the department determines will not negatively impact human health and will have no more than minimal short-term adverse impacts on the natural resources and environment.

(r)      "Higher aquatic plant" means any of a group of vascularized plants which have true stems, flowers, leaves, and roots, which live in water, and which belong to the class angiospermae.

(s)     "Littoral zone" means the area of a waterbody from the water's edge to the limit of the depth of light penetration where rooted aquatic vegetation typically grows.

(t)      "Outlet" means any natural or artificially created watercourse or structure which allows passage of water out of a waterbody into other surface waters of the state, in an intermittent or continuous flow.

(u)     "Person" means any of the following entities:

(v)   An individual.

(ii)     Sole proprietorship.

(iii)     Partnership.

(iv)     Corporation.

(v)     Municipality.

(vi)     This state.

(vii)     An instrumentality or agency of this state.

(viii)     The federal government.

(ix)     An instrumentality or agency of the federal government.

(x)     Another legal entity.

(v) "Pesticide" means a substance or mixture of substances intended  for preventing, destroying, repelling, or mitigating aquatic nuisances.

(w)     "Swimmers' itch" means the inflammation of a swimmer's skin resulting from an allergic reaction to the penetration of the skin by the immature stages of blood fluke parasites which live a part  of  their  life  cycle  in certain aquatic snails.

(x)    "Waters of the state" means groundwaters, lakes, ponds, rivers, streams, and wetlands and all other watercourses and  waters  within   the jurisdiction of this state and also the great lakes bordering this state. For the purposes of these rules, "waters of the state" may also be referred to as a waterbody.

History: 1979 AC; 2003 AACS.