1. (a) As used in this part:

   1. (1) “Act” means the Arkansas Hazardous Waste Management Act of 1979, Acts 1979, No. 406;
   2. (2) “Commission” means the State Highway Commission;

   3. (3) “Container” means any enclosure that is open or closed in which a material can be:

      1. (A) Stored;
      2. (B) Handled;
      3. (C) Treated; or
      4. (D) Disposed;

   4. (4) “Discharge” means any accidental or intentional release of hazardous waste into or onto the land, air, or water by any means, including but not limited to:

      1. (A) Spilling;
      2. (B) Leaking;
      3. (C) Pumping;
      4. (D) Pouring;
      5. (E) Emitting;
      6. (F) Emptying; or
      7. (G) Dumping;
   5. (5) “Disposal” means the discharge, deposit, or placing of any hazardous waste into or on any land or water, in whatever manner, so that such hazardous waste, or any constituent thereof, might, or might not, enter the environment, or be emitted into the air or discharged into the waters, including ground waters;
   6. (6) “EPA identification number” means the unique number assigned by the Environmental Protection Agency and/or the Division of Environmental Quality to each generator, transporter, and to each treatment, storage, or disposal facility;
   7. (7) “Facility” means any land or appurtenance thereto, thereon used for the treatment, storage, and/or disposal of hazardous waste;
   8. (8) “Generation” means the act or process of producing waste material;

   9. (9) “Hazardous waste” means any waste or combination of wastes of a solid, liquid, contained gaseous, or semisolid form which, because of its quantity, concentration, or physical, chemical, or infectious characteristic, may in the judgment of the Division of Environmental Quality:

      1. (A) Cause or significantly contribute to an increase in mortality, an increase in serious irreversible or incapacitating reversible illness;
      2. (B)

2. (i) Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise improperly managed.

   1. (ii) Such wastes include, but are not limited to, those which are:
3. (a) (a) Radioactive;

4. (b) (b) Toxic;

   1. (c) (c) Corrosive;

      1. (d) (d) Flammable;
5. (e) (e) Irritants; or

6. (f) (f) Strong sensitizers;

   1. (C) Which generate pressure through decomposition, heat, or other means; or

      1. (D) Which are identified, by characteristic or listing, as hazardous pursuant to Section 3001 of the Resource Conservation and Recovery Act of 1976 (42 U.S.C. § 6901 et seq.);
   2. (10) “Incompatible waste” means a waste unsuitable for commingling with another waste or material which, if commingled, might result in generation of extreme heat, extreme pressure, fire, explosions, or other violent reaction; which might form toxic gases, toxic fumes, or toxic dust; or other similar reactions;
   3. (11) “Manifest” means the form used for identifying the quantity, composition, and the origin, routing, and destination of hazardous waste during its transport;
   4. (12) “Manifest document numbers” means the serially increasing number assigned to the manifest by the generator for recording purposes;

   5. (13) “Off-site facility” means a facility in operation to which a generator or shipper transports hazardous waste for:

      1. (A) Treatment;
      2. (B) Storage; or
      3. (C) Disposal;

   6. (14) “On-site” means:

      1. (A) The same or geographically contiguous property which may be divided by public or private right-of-way or rights-of-way;
      2. (B) Noncontiguous property owned by the generator but connected by a right-of-way which he or she controls and to which the public does not have access; or
      3. (C) Other property determined as on-site by the Division of Environmental Quality;

   7. (15) “Permit” means a written permit issued by:

      1. (A) The State Highway Commission authorizing a person to transport hazardous waste (hazardous waste transportation permit); or
      2. (B) The Division of Environmental Quality authorizing the establishment, construction, operation, and/or maintenance of hazardous waste treatment, disposal, or storage facility or site;
   8. (16) “Permitted site” means any site used for disposal, treatment, or storage of hazardous waste which has a current valid operating permit issued by the Division of Environmental Quality;
   9. (17) “Person” means any individual, corporation, company, firm, partnership, association, trust, joint stock company, state agency, government instrumentality or agency, institution, county, city, town, or municipal authority or trust, venture, or any other legal entity, however organized;
   10. (18) “Site” means any real property contemplated and/or later acquired for the purpose of treatment, storage, disposal, or generation of hazardous waste;
   11. (19) “Storage” means the containment of hazardous waste, either on a temporary basis or for a period of years, in such a manner as not to constitute disposal of hazardous waste;
   12. (20) “Tank” means any bulk container placed on or carried by a vehicle to transport waste, including wheel-mounted tanks;
   13. (21) “Transport” or “transportation” means the movement of waste from the point of generation to any intermediate point, and finally to the point of ultimate treatment, storage, or disposal by any means of commercial or private transport;
   14. (22) “Transporter” means any person engaged in transportation;

   15. (23) “Treatment” means any method, technique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any hazardous waste, so as to neutralize such waste or so as to render such waste:

       1. (A) Less hazardous;
       2. (B) Safer for transport;
       3. (C) Amenable to recovery;
       4. (D) Amenable to storage;
       5. (E) Amenable to disposal; or
       6. (F) Reduced in volume; and
   16. (24) “Treatment facility” means a location at which waste is subjected to treatment and may include a facility where waste has been generated.
7. (b) Other terms not defined herein shall have the ordinary practical meaning unless inconsistent with Act 1979, No. 406.

Codification Notes: The Arkansas Hazardous Waste Management Act of 1979 is codified at Arkansas Code § 8-7-201 et seq.