Michigan Administrative Code › Department - Environmental Quality › Water Resources Division › Water Resources Protection › Part 21 - WASTEWATER DISCHARGE PERMITS › Section R. 323.2102 - Definitions; A to F

Current through Vol. 24-12, July 15, 2024
Rule 2102. As used in this part:
(a) "Act" means 1994 PA 451, MCL 324.3101 et
				  seq., and the rules promulgated under the act.
(b) "Animal feeding operation (AFO)" means a
				  lot or facility, other than an aquatic animal production facility, where the
				  animals, other than aquatic animals, have been, are, or will be stabled or
				  confined and fed or maintained for a total of 45 days or more in any 12-month
				  period, and crops, vegetation, forage growth, or post-harvest residues are not
				  sustained in the normal growing season over any portion of the lot or
				  facility.
(c) "Applicant" means a
				  person who applies to the department for a state or national permit to
				  discharge waste or wastewaters into the waters of the state by an NPDES
				  application form or a state permit application form.
(d) "Application" means either the uniform
				  national NPDES application form, including subsequent additions, revisions, or
				  modifications thereof, promulgated by the administrator of EPA and adopted for
				  use by the department or a state permit application form for applying for a
				  permit.
(e) "Approved control plan"
				  means the plan which is prepared by an authorized public agency, which is
				  approved by the department pursuant to the provisions of section 9110 of part
				  91 of the act, and which contains the soil erosion and sedimentation control
				  procedures that govern all construction activities normally undertaken by the
				  authorized public agency.
(f)
				  "Authorized public agency" means a state, local, or county agency that is
				  designated pursuant to the provisions of section 9110 of part 91 of the act to
				  implement soil erosion and sedimentation control requirements with regard to
				  construction activities undertaken by the agency.
(g) "Authorized representative" means a
				  person who has written authorization from the construction permittee to sign
				  the notice of coverage in the name of the construction permittee.
(h) "Certified storm water operator" means an
				  individual who has been certified by the department pursuant to the provisions
				  of section 3110 of part 31 of the act as properly qualified to operate
				  treatment or control facilities for storm water discharges.
(i) "Concentrated animal feeding operation
				  (CAFO)" means an AFO that is defined as a large CAFO or a medium CAFO, or that
				  is designated by the department under R 323.2196(3) as a medium CAFO or a small
				  CAFO. Two or more AFOs under common ownership are considered to be a single AFO
				  for the purposes of determining the number of animals at an operation, if they
				  adjoin each other or if they use a common area or system for the disposal of
				  wastes.
(j) "CAFO process
				  wastewater" means water directly or indirectly used in the operation of a CAFO
				  for any of the following:
(i) Spillage or
				  overflow from animal or poultry watering systems.
(ii) Washing, cleaning, or flushing pens,
				  barns, manure pits, or other AFO facilities.
(iii) Direct contact swimming, washing, or
				  spray cooling of animals.
(iv) Dust
				  control.
(v) Any water which comes
				  into contact with, or is a constituent of, any raw materials, products, or
				  byproducts including manure, litter, feed, milk, eggs, or bedding.