§ 8-6-901 - Definitions. - Arkansas Statutes

8-6-901. Definitions.

As used in this subchapter:

(1) "Commission" means the Arkansas Pollution Control and Ecology Commission;

(2) "Department" means the Arkansas Department of Environmental Quality;

(3) "Director" means the Director of the Arkansas Department of Environmental Quality or the director's delegate or representative;

(4) "Illegal dumps control officer" means an individual employed by an authorized solid waste management district within this state, a county government within this state, or a pollution control inspector or other representative of the department who is empowered to ensure compliance with any state law prohibiting the illegal dumping of solid wastes;

(5) "License" means a certificate of competency issued by the director to solid waste management facility operators and illegal dumps control officers who have met the requirements of the licensing program;

(6) "Licensing committee" means the committee of solid waste management facility managers, operators, or technicians hereinafter established to assist and advise the commission and the department in the examining and licensing of operators of solid waste management facilities;

(7) (A) "Operator" means any person who performs operation of a solid waste management facility requiring individual judgment which may directly affect the proper operation of the solid waste management facility.

(B) "Operator" shall not include an official solely exercising general administrative supervision;

(8) "Operator-in-training" means an employee of a solid waste management facility who has been issued an apprenticeship license by the director;

(9) "Provisional certificate" means a document issued to an operator by the director allowing an individual to operate at a facility while working to fulfill the licensing requirements;

(10) (A) "Recovered materials" means:

(i) Metal;

(ii) Paper;

(iii) Glass;

(iv) Plastic;

(v) Textiles;

(vi) Yard trimmings not destined for composting; or

(vii) Rubber materials which are not waste tires or waste tire residuals, that have known recycling potential, can be feasibly recycled, and have been diverted and source-separated or have been removed from the solid waste stream for sale, use, or reuse as raw materials, whether or not the materials require subsequent processing or separation from each other but do not include materials destined for any use that constitutes disposal.

(B) "Recovered materials" are not solid waste;

(11) "Sanitary landfill" means any place for which a permit for disposal of solid waste on land is required under the provisions of this chapter;

(12) (A) "Solid waste disposal facility" means any place at which solid waste is dumped, abandoned, accepted, or disposed of for final disposition by incineration, landfilling, composting, or other method.

(B) Wastewater treatment plants permitted under the National Pollutant Discharge Elimination System and units at hazardous waste management facilities permitted under the Arkansas Hazardous Waste Management Act of 1979, 8-7-201 et seq., and this Code shall not be deemed to be disposal sites or facilities for the purpose of this subchapter; and

(13) (A) "Solid waste management facility" means all contiguous land and structures, other appurtenances, and improvements on the land used for storage, collection, transportation, processing, treatment, or disposal of solid waste.

(B) (i) For purposes of this subchapter, facilities engaged solely in the recycling of source-separated materials are excluded.

(ii) Also excluded are processes, operations, and facilities that are regulated pursuant to hazardous waste rules and regulations which are not regulated pursuant to solid waste rules and regulations.