§ 28-67. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Brush means shrubbery or brush or tree trimmings. It does not mean stumps, agricultural waste, animal waste, rubbish or garbage.

Garbage means rejected food wastes, including waste accumulation of animal, fruit or vegetable matter used or intended for food or that attends the preparation, use, cooking, dealing in or storing of meat, fish, fruit or vegetable.

Leaves means leaves, garden vegetation, flowers or other garden debris.

Rubbish means nonputrescible solid waste, excluding ashes, consisting of both combustible and noncombustible waste, including paper, cardboard, metal containers, yard clippings, wood, glass, bedding, crockery, demolished building materials or litter of any kind that may be a detriment to the public health and safety.

Solid waste.

(1)

The term "solid waste" means garbage, rubbish, ashes, incinerator ash, incinerator residue, street cleanings, municipal and industrial sludges, solid commercial and solid industrial waste, and animal waste other than organic waste generated in the production of livestock and poultry.

(2)

However, the term "solid waste" does not include the following:

a.

Human body waste.

b.

Medical waste.

c.

Organic waste generated in the production of livestock and poultry.

d.

Liquid waste.

e.

Ferrous or nonferrous scrap directed to a scrap metal processor or to a reuser of ferrous or nonferrous products.

f.

Slag or slag products directed to a slag processor or to a reuser of slag or slag products.

g.

Sludges and ashes managed as recycled or nondetrimental materials appropriate for agricultural or silvicultural use pursuant to a plan approved by the department. Food processing residuals, precipitated calcium carbonate from sugar beet processing, wood ashes resulting solely from a source that burns only wood that is untreated and inert, lime from kraft pulping processes generated prior to bleaching, or aquatic plants may be applied on, or composted and applied on, farmland or forestland for an agricultural or silvicultural purpose, or used as animal feed, as appropriate, and such an application or use does not require a plan described in this subsection or a permit or license under this part. In addition, source separated materials approved by the department for land application for agricultural and silvicultural purposes and compost produced from those materials may be applied to the land for agricultural and silvicultural purposes and such an application does not require a plan described in this subsection or permit or license under this part. Land application authorized under this subsection for an agricultural or silvicultural purpose, or use as animal feed, as provided for in this subsection, shall be performed in a manner that prevents losses from runoff and leaching. Land application under this subsection shall be at an agronomic rate consistent with generally accepted agricultural and management practices under the Michigan Right to Farm Act, Public Act No. 93 of 1981 (MCL 286.471 et seq.).

h.

Materials approved for emergency disposal by the state.

i.

Source separated materials.

j.

Site separated material.

k.

Fly ash or any other ash produced from the combustion of coal, when used under any of the following circumstances:

1.

As a component of concrete, grout, mortar or casting molds, if the fly ash has not more than six percent unburned carbon.

2.

As a raw material in asphalt for road construction, if the fly ash has not more than 12 percent unburned carbon and passes Michigan test method for water asphalt preferential test, MTM 101, as set forth in the state transportation department's manual for the Michigan test methods (MTM's).

3.

As aggregate, road or building material that in ultimate use will be stabilized or bonded by cement, limes or asphalt.

4.

As a road base or construction fill that is covered with asphalt, concrete or other material approved by the department and that is placed at least four feet above the seasonal groundwater table.

l.

As the sole material in a depository designed to reclaim, develop or otherwise enhance land, subject to the approval of the department. In evaluating the site, the department shall consider the physical and chemical properties of the ash, including, but not limited to, leachability, and the engineering of the depository, including, but not limited to, the compaction, control of surface water and groundwater that may threaten to infiltrate the site, and evidence that the depository is designed to prevent water percolation through the material.

m.

Soil that is washed or otherwise removed from sugar beets, has not more than 35 percent moisture content, and is registered as a soil amendment under part 85 of Public Act No. 451 of 1994 (MCL 324.8501 et seq.). Any testing required to become registered under part 85 is the responsibility of the generator.

n.

Soil that is relocated under section 20120c of Public Act No. 451 of 1994 (MCL 324.20120c).

o.

Other wastes regulated by statute.

(Code 1989, § 19-50; Ord. No. 97-1, 2-22-1997)