Michigan Administrative Code › Department - Agriculture and Rural Development › Pesticide and Plant Pesticide Management Division › RegulationNo 642 - On Farm Fertilizer Bulk Storage › Section R. 285.642.1 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 1.
(1) As used
				in these rules:
(a) "Approved" means approval
				by the director of the department or his or her representative.
(b) "Appurtenances" mean any of the following
				which are connected to a bulk fertilizer container or which are used for
				transferring bulk fertilizer between containers:
(i) Valves.
(ii) Gauges.
(iii) Portable manufacturing units.
(iv) Pumps.
(v) Fittings.
(vi) Hoses.
(vii) Mixing containers.
(viii) Plumbing.
(ix) Metering devices.
(c) "Aqua ammonia" means an aqueous solution
				of anhydrous ammonia which generally contains 18% to 30% of ammonia (NH3) by
				weight and which has a vapor pressure that usually varies from 0 to 10 pounds
				per square inch gauge (psig) at 104 degrees Fahrenheit.
(d) "Bulk fertilizer" means fluid fertilizer
				in a single container that has a capacity of more than 2,500 United States
				gallons, or a combined total capacity for all storage containers or tanks
				located at a single site or location greater than 7,500 United States gallons.
				For purposes of this rule, use solutions and rinsates are bulk fertilizers if
				they are in containers that meet the capacities specified in this
				subdivision.
(e) "Department" means
				the Michigan department of agriculture.
(f) "Discharge" means an uncontained release
				to the environment in a quantity that is more than 55 United States gallons of
				bulk fertilizer. "Discharge" does not include a fully contained transfer of
				bulk fertilizer that is made pursuant to storage, distribution, or intended
				agronomic use.
(g) "Elephant ring"
				means a storage container which has an open top and which serves as a secondary
				containment vessel into which a primary storage container with a smaller volume
				is placed.
(h) "Existing bulk
				storage facility" means a facility that on the effective date of this rule, is
				being used to store or hold bulk fertilizers where the location of bulk
				containers remains the same whether bulk containers are replaced, added to, or
				reorganized.
(i) "Farm" means the
				land, plants, animals, buildings, structures, including ponds used for
				agricultural or aquacultural activities, machinery, equipment, and other
				appurtenances used in the commercial production of farm products.
(j) "Farm fertilizer bulk storage" means the
				storage of bulk fertilizer by an agricultural producer for use in an
				agricultural operation that is owned, operated, or controlled by that
				producer.
(k) "Farm storage
				facility" means a facility which is used to store or hold bulk fertilizer and
				which is owned, operated, controlled, or leased as part of the farm operation
				or by a person who uses bulk fertilizer for his or her own agricultural
				use.
(l) "Fertilizer" means a
				substance containing 1 or more recognized plant nutrients, which substance is
				used for its plant nutrient content and which is designed for use, or claimed
				to have value, in promoting plant growth. Fertilizer does not include
				unmanipulated animal and vegetable manures, marl, lime, limestone, wood ashes,
				and other materials exempted by rules promulgated under this part.
(m) "Field operations" means the application
				of fertilizer to soil or plants in the course of normal agricultural or
				horticultural practice.
(n)
				"Floodplain", for the purpose of this rule, means any land area that is subject
				to a 1% or greater chance of flooding. This is equivalent to a 100-year
				flood.
(o) "Fluid fertilizer" means
				fertilizer in fluid form and includes solutions, emulsions, suspensions, and
				slurries. "Fluid fertilizer" does not include anhydrous ammonia.
(p) "Groundwater" means underground water
				within the zone of saturation.
(q)
				"Mobile container" means a container designed or used for transporting
				fertilizer.
(r) "New bulk storage
				facility" means a storage facility as designated by the director or a storage
				facility that locates new, used, or refurbished bulk containers where, before
				the effective date of this rule, bulk storage was not conducted.
(s) "Operational area" means an area or areas
				at a farm storage facility where bulk fertilizers are transferred, loaded,
				unloaded, mixed, or refilled.
(t)
				"Operational area containment" means any structure or system that is designed
				and constructed to effectively intercept and contain spills, container or
				equipment washwater, and precipitation to prevent the runoff or leaching of
				fertilizer from an operational area.
(u) "Primary containment" means the storage
				of bulk fertilizer in storage containers at a storage facility.
(v) "Rinsate" means the liquid that is
				generated from the rinsing of the interior surface of any fertilizer
				application equipment or fertilizer container that has come in direct contact
				with any fertilizer. "Rinsate" includes the liquid that is generated by
				cleaning a containment area in accordance with the provisions of R
				285.642.10(2).
(w) "Secondary
				containment" means any structure, including dikes, that is effectively designed
				and constructed to contain spills or leaks and to prevent escapes, runoff, and
				leaching of fertilizer from bulk storage containers and
				appurtenances.
(x) "Spill" means a
				contained release, within a containment area or operational pad, in a quantity
				that is more than 55 United States gallons of bulk fertilizer. "Spill" does not
				include a fully contained transfer of bulk fertilizer that is made pursuant to
				storage, distribution, or intended agronomic use.
(y) "Storage container" means a container,
				rail car, nurse tank, or mobile container that is used for the storage of bulk
				fertilizer. "Storage container" does not include any of the following:
(i) A mobile container that stores bulk
				fertilizer at a farm storage facility for less than 30 consecutive
				days.
(ii) A mobile container that
				is located other than on property which is owned, operated, or controlled by an
				owner or operator of a farm storage facility for less than 30 consecutive
				days.
(iii) A container which is
				2,500 gallons or less and which is used solely as emergency storage for leaking
				fertilizer containers.
(z) "Sump" means any catch basin, pit, or
				reservoir, and those trenches and troughs connected to them, that serve to
				collect liquid.
(aa) "Surface
				water", for the purposes of this rule, means a body of water that has its top
				surface exposed to the atmosphere and includes lakes, ponds, or water holes
				that cover an area greater than 0.25 acres and streams, rivers, or waterways
				that maintain a flow year-round. "Surface water" does not include waterways
				with intermittent flow.
(bb)
				"Washwater" means the liquid that is generated from rinsing the exterior
				surfaces of application, handling, storage, transportation, or nurse equipment.
"Washwater" does not include the liquid that is generated by
				  cleaning a containment area in accordance with the provisions of R
				  285.642.10(2).