Mich. Admin. Code R. 560.401

Current through Vol. 24-23, January 1, 2025

Section R. 560.401 - Definitions

Rule 401. As used in this part:

(a) "Alternative system" means a treatment and disposal system which is not a conventional system and provides for an equivalent or better degree of protection for public health and the environment than a conventional system.

(b) "Approval for the suitability of an on-site water supply" means a written statement confirming that an adequate quantity and quality of water is available from a protected source in accordance with R 560.404 issued by the department to a property owner or the owner's designated representative.

(c) "Approval for the suitability of on-site sewage disposal" means a written statement or on-site sewage disposal permit in accordance with R 560.416 issued by the department to the property owner or the owner's designated representative.

(d) "Available sanitary sewer facilities" means sanitary sewers determined accessible upon consideration of the following factors:

(i) The distance from the proposed development site to the nearest existing public services or planned public services that are to be installed.

(ii) The capacity of the existing public sanitary sewer system.

(iii) The policy of the local governing body on utility extensions.

(iv) The service areas denoted in the community's comprehensive sewer and water plan, if a plan is available.

(e) "Certified professional geologist" means a professional geologist certified by The American Institute of Professional Geologists, 7278 Vance Drive, Suite 103, Arvada, Colorado 80003.

(f) "Certified professional soil scientist" means a professional soil scientist certified by ARCPACS, 677 South Segoe Road, Madison, Wisconsin 53711.

(g) "Conventional system" means an on-site sewage treatment and disposal system that contains a watertight septic tank with nonuniform distribution of effluent to subsurface soil trenches or an absorption bed on sites meeting the criteria contained in R 560.418 to R 560.422.

(h) "Deep cut excavation" means the excavation of unsuitable soil materials below the bottom of the final disposal system to depths more than 6 feet below natural grade to expose acceptable underlying soils.

(i) "Department" means the department of environmental quality, a city health department, a county health department, or a district health department, whichever has jurisdiction.

(j) "Development site" means any parcel or lot as defined by section 102 of the land division act, Act 288 of the Public Acts of 1967, as amended, being §560.102 of the Michigan Compiled Laws.

(k) "Drains" means man-made excavations, piping, or both, that collect groundwater or surface water, and includes road ditches, county drains, and footing drains.

(l) "Drop-off" means a man-made cut or natural slope where side slope is in excess of 50% and which contains semi-impermeable layers that may cause percolating water to vent to the surface.

(m) "Floodplain" means the area of land adjoining a surface water that will be inundated by a 100-year flood.

(n) "Groundwater" means the water in the ground that is in the zone of saturation.

(o) "High groundwater elevation" means the uppermost part of the soil or underlying material wholly saturated with water. The term includes perched and apparent conditions that are seasonally saturated for a time period in excess of two weeks, or permanently saturated.

(p) "Licensed professional engineer" means a professional civil engineer who is licensed under article 20 of the occupational code, Act 299 of the Public Acts of 1980, being §§399.2001 to 339.2014 of the Michigan Compiled Laws.

(q) "Lot" means a measured portion of a parcel or tract of land as defined by section 102 of the land division act, Act 288 of the Public Acts of 1967, being §560.102 of the Michigan Compiled Laws.

(r) "Peak water demand" means the maximum water use rate in gallons per minute.

(s) "Preliminary plat" means a map as defined by section 102 of the land division act, Act 288 of the Public Acts of 1967, being §560.102 of the Michigan Compiled Laws.

(t) "Primary maximum contaminant level" means the concentration level of a contaminant above which consumption of the water poses a health risk.

(u) "Professional surveyor" means a professional surveyor licensed under article 20 of the occupational code, Act 299 of the Public Acts of 1980, being §§339.2001 to 339.2014 of the Michigan Compiled Laws.

(v) "Public sewer" means a sewerage system as defined in section 4101 of Act No. 451 of the Public Acts of 1994, as amended, being §324.4101 of the Michigan Compiled Laws. Public sewerage systems are generally those that collect and treat sanitary sewage generated by 2 or more dwellings or structures not under the same ownership.

(w) "Public water" means a public water supply as defined in section 2(o) of Act No. 399 of the Public Acts of 1976, as amended, being §325.1002(o) of the Michigan Compiled Laws.

(x) "Registered sanitarian" means a person that is registered under part 184 of Act No. 368 of the Public Acts of 1978, being §333.18401 of the Michigan Compiled Laws.

(y) "Registered well drilling contractor" means a contractor registered under part 127 of Act No. 368 of the Public Acts of 1978, being §§333.12701 to 333.12715 of the Michigan Compiled Laws.

(z) "Sanitary sewage" means water and contaminants discharged from sanitary conveniences, including bathroom, kitchen, and household laundry fixtures of dwellings, office buildings, industrial plants, commercial buildings, and institutions. Commercial laundry wastes and industrial and commercial processes are not considered sanitary sewage.

(aa) "Secondary maximum contaminant level" means the concentration level of a constituent above which the constituent adversely affects water quality properties, such as taste, odor, corrosivity, or scale production.

(bb) "Soil mottling," also known as redoximorphic features, means spots or blotches of contrasting colors, such as, but not limited to, gray or brown or gray and brown colors in close proximity, that are formed in the soil matrix by the processes of reduction, translocation, and oxidation of iron and manganese compounds in soils that have been periodically saturated.

(cc) "Soil permeability" means the rate at which liquid passes in 1 direction through the soil material under saturated conditions.

(dd) "Soil structure" means the morphological aggregates in which the individual soil particles are arranged.

(ee) "Soil textural class" means the United States department of agriculture (USDA) classification system and refers to the coarseness or fineness of the soil relative to the proportion of sand, silt, and clay.

(ff) "Subsurface" means below the natural or altered ground surface elevation.

(gg) "Suitable absorption area" means the portion of a lot which has acceptable soils that remains for construction of a conventional system after identified limiting surface and subsurface features, applicable setbacks, and isolation distances have been excluded.

(hh) "Suitability" means the presence of site conditions that could warrant the development of an on-site sewage treatment and disposal system or on-site water supply system that is in compliance with these rules.

(ii) "Surface water" means any of the following:

(i) The Great Lakes and their connecting waterways.

(ii) Inland lakes.

(iii) Rivers.

(iv) Streams.

(v) Impoundments.

(vi) Perennial open drains.

(vii) Any other watercourses within the jurisdiction of the state as defined in section 3101 of Act No. 451 of the Public Acts of 1994, as amended, being §324.3101 of the Michigan Compiled Laws.

(jj) "Test well" means a well that is used to obtain information on groundwater quantity, quality, or aquifer characteristics for the purpose of designing or operating a water supply well.

Mich. Admin. Code R. 560.401

1979 AC; 2001 AACS