Section 324.8802. Definitions.

Rule 2.  As used in these rules:

(a)  "Approved watershed management plan" means either of the following:

(i)   A watershed management plan that meets the criteria established in R 324.8810 and approved by the director.

(ii)   Remedial Action Plans and Lakewide Management Plans.

(b)   "Best management practices" means structural, vegetative, or managerial practices that reduce or prevent the detachment, transport, and delivery of nonpoint source pollutants to the surface waters of the state or groundwater.

(c)   "Department" means the department of environmental quality.

(d)  "Designated use" or "designated uses" means a use or uses of the surface waters of the state as established by part 4 of 1994 PA 451, MCL 324.401 et seq.

(e)   "Director" means the director of the department or his or her designee.

(f)  "Environmental sample" means the collection or analysis of information about any of the following:

(i)       Vegetation.

(ii)     Soils.

(iii)     Fish.

(iv)   Biota.

(v)     Water

(vi)     Habitat.

(g)    "Grant" means a nonpoint source pollution prevention and control project grant funded by the clean Michigan initiative bond.

(h)    "In-kind services" means services provided by the grant applicant or its partners including any of the following:

(i)    Salaries and wages of project staff and others working on the project, including engineering services and volunteers.

(ii) Rent paid for office space, meeting rooms, or other indirect costs associated with the project.

(iii) The cost of renting or purchasing of equipment, materials, or supplies in excess of the costs paid for by the grant.

(iv) The costs of collecting and analyzing environmental samples or other environmental quality measurements to document improvement in water quality.

(v)The costs of installing best management practices or materials donated for the implementation of best management practices.

(vi) Other resources acceptable by the department.

(i)   "Lakewide Management Plan" means a plan developed under the Great Lakes water quality agreement between Canada and the United States, as amended in 1987.

(j)   "Local unit of government" means any of the following entities:

(i)    A county, city, village, or township or an agency of a county, city, village, or township.

(ii) The office of a county drain commissioner.

(iii)A  soil   conservation  district   established  under   part  93  of  1994   PA  451,  MCL 324.9301 et seq.

(iv)A watershed council.

(v)A  local  health  department  as  defined  in  section  1105  of  1978  PA   368,  MCL 333.1105.

(vi)An authority or any other public body created by or under state law.

(k)"Match" means the portion of the total project cost that is to be paid by the applicant or its partners from public or private funding sources, excluding clean Michigan initiative funds and federal clean water act funds awarded as grants by the state.

(l)"Nonpoint source pollution" means water pollution from diffuse sources, including any of the following:

(i) Runoff from precipitation or snowmelt contaminated through contact with pollutants in the soil or on other surfaces and either infiltrating into the groundwater or being discharged to surface waters of the State.

(ii) Runoff or wind that causes the erosion of soil into surface waters of the State. (iii)Stream bank erosion resulting from unstable hydrologic flows.

(m)"Not-for-profit entity" means an entity that is exempt from taxation under section 501(c)(3) of the internal revenue code.

(n)"Physical improvements" means structural or vegetative best management practices used to control nonpoint source pollution.

(o)"Project contract" means the legally binding agreement between the department and a recipient of a grant that establishes the terms and conditions of the work to be conducted. (p)"Remedial action plan" means a plan developed under the Great Lakes water quality agreement between Canada and the United States, as amended in 1987.

(q)"Request   for  proposals"  means  the  document   used  by  the  department  to  solicit proposals for grant funding.

(r)"Site"  means  a   block  or  contiguous  blocks   of  land  that   constitute  a  viable management unit.

(s)"Surface   waters  of  the  state"  means  all  of  the  following,   but  does  not  include drainageways and ponds used solely for wastewater conveyance, treatment, or control: (i)The Great Lakes and their connecting waters.

(ii)All inland lakes. (iii)Rivers. (iv)Streams. (v)Impoundments. (vi)Open drains.

(vii)Other surface bodies of water within the confines of the state.

(t)"Water quality standards" means the part 4 water quality standards developed under part 31 of 1994 PA 451, MCL 324.3101 et seq.

(u)"Watershed" means a topographic area of the land that drains to a common point, such as a lake, pond, river, or stream.

(v)"Watershed management plan" means a water resource plan that sets forth management strategies for improving or protecting water quality or achieving water quality standards and designated uses in a watershed.

History: 1999 MR 10, Eff. Oct. 28, 1999.