As used in this part, unless the context otherwise requires:

1. (1) “Adjudicatory hearing” means any hearing held by the Arkansas Pollution Control and Ecology Commission under the laws administered by the Arkansas Pollution Control and Ecology Commission or the Division of Environmental Quality, for the purpose of receiving evidence concerning the adjudication of facts or issues for which a hearing is provided;
2. (2) “Adjudicatory proceeding” means any administrative action allowed by statute, rule, or permit specifically brought before the Arkansas Pollution Control and Ecology Commission to resolve a dispute;
3. (3) “Administrative civil penalty” means any monetary amount assessed by the Director of the Division of Environmental Quality against a person for violation of a statute, rule, permit, or order administered by the Division of Environmental Quality and includes any in-kind services or cash contribution authorized by the Director of the Division of Environmental Quality as partial mitigation of cash penalties for use in projects or programs designed to advance environmental interests;
4. (4) “Administrative enforcement action” means any administrative proceeding instituted by the Division of Environmental Quality against a person charged with violation of any law, rule, permit, or order administered by the Division of Environmental Quality;

5. (5) “Administrative hearing officer” means a person designated by the Arkansas Pollution Control and Ecology Commission to:

   1. (A) Determine issues of fact and law and render a written recommended decision on matters pending before the Arkansas Pollution Control and Ecology Commission; and
   2. (B) Take any other action consistent with the Arkansas Pollution Control and Ecology Commission’s statutory and regulatory authority;

6. (6)

   1. (A)

      1. (i) “Administrative permit amendment” means a minor change which:

         1. (a) (a) Is not typically considered a permit modification, as defined by applicable statutes or rules; or
         2. (b) (b) Does not require public notice and opportunity for comment.
      2. (ii) For example, typographical corrections or other minor corrections initiated by the Division of Environmental Quality might be considered administrative permit amendments.
      3. (iii) Some minor changes requested by the permittee may also qualify as administrative permit amendments.
   2. (B) For air permits, administrative permit amendments are defined in 8 CAR pt. 40, 8 CAR pt. 41, and 8 CAR pt. 42.
   3. (C) The Director of the Division of Environmental Quality, in his or her discretion, may decide whether a proposed revision would be considered an administrative amendment;

7. (7)

   1. (A) “Administratively complete” means that all information required by statute, rule, or application form has been submitted to the Division of Environmental Quality for the purpose of processing a permit application.
   2. (B) An application that is administratively complete is not necessarily technically complete or complete for other purposes;

8. (8) “Affiliated person” means any:

   1. (A) Officer, director, or partner of the applicant;
   2. (B) Person employed by the applicant in a supervisory capacity over operations of the facility that is the subject of the application which may adversely impact the environment or with discretionary authority over such operations;
   3. (C) Person owning or controlling more than five percent (5%) of the applicant's debt or equity; or

   4. (D) Person who:

      1. (i) Is not now in compliance or has a history of noncompliance with the environmental laws or rules of this state or any other jurisdiction; and
      2. (ii) Through relationship by affinity or consanguinity or through any other relationship could be reasonably expected to significantly influence the applicant in a manner which could adversely affect the environment;

9. (9) “Applicant” means any person who files:

   1. (A) An application for:

      1. (i) A permit or permit renewal;
      2. (ii) The reissuance of, revision of, modification of, or transfer of a permit;
      3. (iii) Closure/post closure plan approval or modification;
      4. (iv) A permit exemption, variance, or waiver;
      5. (v) A certification or license; and
      6. (vi) A bond reduction or release; or
   2. (B) Any other application as required by the Division of Environmental Quality.
10. (10) “Chairperson” means a commissioner elected by the other commissioners to preside over the Arkansas Pollution Control and Ecology Commission;
11. (11) “Commission” means the Arkansas Pollution Control and Ecology Commission;

12. (12) “Commission hearing” means a proceeding in which the Arkansas Pollution Control and Ecology Commission reviews an action taken by the Division of Environmental Quality which includes but is not limited to:

    1. (A) Enforcement actions;

    2. (B) The issuance of:

       1. (i) Administrative orders;
       2. (ii) Permitting decisions;
       3. (iii) Grant or loan decisions;
       4. (iv) Petroleum storage tank trust fund decisions; and
       5. (v) Tax credit decisions; and
    3. (C) Other matters;
13. (13) “Commission secretary” means the designated secretary to the Arkansas Pollution Control and Ecology Commission;
14. (14) “Consent administrative order”, “permit appeal resolution”, and “settlement agreement” all mean an administrative order entered into by agreement of the parties, including the Division of Environmental Quality;

15. (15)

    1. (A) “Declaratory order” means an order that resolves controversies or answers questions or doubts concerning the applicability of rules, statutes, permits, or orders over which the Arkansas Pollution Control and Ecology Commission has authority.
    2. (B) A petition for declaratory order may be used only to resolve questions or doubts as to the application of rules, statutes, permits, or orders to the petitioner’s particular circumstances.
    3. (C) A petition for declaratory order is not the appropriate means to determine the conduct of another person or to obtain a policy statement of general applicability from the Arkansas Pollution Control and Ecology Commission.

    4. (D) A petition must describe the impact to the petitioner of the:

       1. (i) Rule;
       2. (ii) Statute;
       3. (iii) Permit; or
       4. (iv) Order;
16. (16) “Default administrative order” means a final order issued by the Director of the Division of Environmental Quality to a person who has failed to respond in writing to a notice of violation within twenty (20) calendar days of its receipt;
17. (17) “Director” means the Director of the Division of Environmental Quality or the Director of the Division of Environmental Quality’s delegatee;
18. (18) "Division" means the Division of Environmental Quality or its successor, including the Director of the Division of Environmental Quality and Division of Environmental Quality staff;
19. (19) “Emergency order” means an administrative order issued by the Director of the Division of Environmental Quality pursuant to specific authority provided by any law or rule administered by the Arkansas Pollution Control and Ecology Commission or the Division of Environmental Quality without prior notice or adjudicatory hearing, upon a finding that an emergency or imminent hazard exists;
20. (20) “Grant or loan decision” means a final administrative decision by the Director of the Division of Environmental Quality on any application for a grant or loan or the Director of the Division of Environmental Quality’s final decision on any dispute related to a grant or a loan;
21. (21) “Implementing agreement” means a plan, order, memorandum of agreement, or other enforceable document issued by the Division of Environmental Quality under provisions of the Arkansas Hazardous Waste Management Act of 1979, Arkansas Code § 8-7-201 et seq., or the Remedial Action Trust Fund Act, Arkansas Code § 8-7-501 et seq., to implement the voluntary cleanup process described in Arkansas Code § 8-7-1104;
22. (22) “Major modification” means a revision which is not a minor modification or an administrative permit amendment;
23. (23) “Minor modification” means a revision of a permit as defined by any other rule or as determined by the Division of Environmental Quality to be routine or inconsequential in case-specific circumstances and is not an administrative permit amendment;

24. (24)

    1. (A) “Notice of adjudicatory hearing” means a written notification to the parties of an adjudicatory hearing.
    2. (B) This term does not apply to a notice of public hearing or publication of notice in a newspaper;

25. (25)

    1. (A) “Notice of bond forfeiture” means a written notification to a person of alleged violations of any statute, rule, permit, or order administered by the Division of Environmental Quality or Arkansas Pollution Control and Ecology Commission, which constitute grounds for forfeiting a bond to the Division of Environmental Quality.
    2. (B) The “notice of bond forfeiture” initiates an administrative enforcement action;

26. (26)

    1. (A) “Notice of violation” means a written notification to a person of alleged violations of any statute, rule, permit, or order administered by the Division of Environmental Quality or the Arkansas Pollution Control and Ecology Commission.
    2. (B) The “notice of violation” initiates an administrative enforcement action;
27. (27) “Permit” means an authorization conferred by the Director of the Division of Environmental Quality pursuant to statute or rule to construct or operate an existing or a proposed facility;

28. (28) “Permitting decision” means a final administrative decision by the Director of the Division of Environmental Quality or the director’s delegatee on:

    1. (A) All applications for:

       1. (i) Permits;
       2. (ii) Permit renewals;
       3. (iii) Major modifications;
       4. (iv) Minor modifications;
       5. (v) Administrative permit amendments;
       6. (vi) Permit revocations;
       7. (vii) Interim authority and temporary variances;
       8. (viii) Construction permits; and
       9. (ix) Transfers;
    2. (B) Closure/post closure plan approvals and modifications;
    3. (C) The calculation of permit fees;
    4. (D) Exemptions, variances, and waivers;
    5. (E) Certifications or licenses;
    6. (F) Bond reductions or releases; and
    7. (G) Specific conditions imposed on permits;

29. (29) “Person” means any:

    1. (A) Individual;
    2. (B) Corporation;
    3. (C) Company;
    4. (D) Firm;
    5. (E) Partnership;
    6. (F) Association;
    7. (G) Trust;
    8. (H) Joint-stock company or trust;
    9. (I) Limited liability company;
    10. (J) Venture;

    11. (K) Municipal, state, county, or federal government:

        1. (i) Agency;
        2. (ii) Authority; or
        3. (iii) Instrumentality; or
    12. (L) Any other legal entity, however organized;
30. (30) “Presiding officer” means the person conducting a public hearing on behalf of the Arkansas Pollution Control and Ecology Commission or the Division of Environmental Quality;

31. (31) “Public comment” means:

    1. (A) Any written statement received by the Division of Environmental Quality during the public comment period by letter, electronic mail, or facsimile; or
    2. (B) Any oral statement received on the record during a public hearing;

32. (32)

    1. (A) “Public hearing” means a formal meeting held pursuant to the laws or rules administered by the Arkansas Pollution Control and Ecology Commission or the Division of Environmental Quality for the purpose of receiving on the record oral or written comments from the public on a permitting decision or on a rulemaking proceeding.
    2. (B) A public hearing is not an adjudicatory hearing or a public meeting;

33. (33)

    1. (A) “Public meeting” means an informal meeting held by the Arkansas Pollution Control and Ecology Commission or the Division of Environmental Quality for the purpose of exchanging information with the public on:

       1. (i) A permitting decision;
       2. (ii) A rulemaking; or
       3. (iii) Any issue of public interest.
    2. (B) A public meeting is not an adjudicatory hearing or a public hearing.
    3. (C) Any comment made at a public meeting is not made on the record and is therefore not received as a “public comment”;
34. (34) “Public notice” means the published notification of any public hearing, permitting decision, grant or loan decision, rulemaking, enforcement action, or any other matter taken by the Arkansas Pollution Control and Ecology Commission or the Division of Environmental Quality as provided in this part or by law;
35. (35) “Recommended decision” means the written recommendation, including findings of fact and conclusions of law, made by the administrative hearing officer to the Arkansas Pollution Control and Ecology Commission at the conclusion of an adjudicatory hearing or after a decision granting or denying the relief sought in the matter;

36. (36)

    1. (A) “Rule” means any rule promulgated by the Arkansas Pollution Control and Ecology Commission pursuant to the laws it administers.

    2. (B) The term “rule” includes:

       1. (i) Rule or suspension of the processing of a type or category of a permit; or
       2. (ii) A declaration of a moratorium on a type or category of a permit;
37. (37) “Rulemaking” means a proceeding to promulgate, adopt, amend, or repeal a rule;
38. (38) “Special conditions” means the conditions to a permit issued by the Division of Environmental Quality in its discretion that are not specifically imposed by law or rule;
39. (39) “Stay” means the postponement or delay of a decision of the Director of the Division of Environmental Quality or the Arkansas Pollution Control and Ecology Commission;

40. (40)

    1. (A) “Subpoena” means a command to appear at a certain time and place to give testimony upon a certain matter.

    2. (B) A subpoena duces tecum requires production of:

       1. (i) Books;
       2. (ii) Papers; and
       3. (iii) Other things;
41. (41) “Third-party rulemaking” means any submitted by any person other than the Arkansas Pollution Control and Ecology Commission or the Division of Environmental Quality; and
42. (42) “Violation” means an instance of noncompliance by a person with a provision of a law, rule, permit, or order administered by the Arkansas Pollution Control and Ecology Commission or the Division of Environmental Quality.