The following definitions shall apply:

1. (1) “Act” means the Arkansas Water and Air Pollution Control Act, Arkansas Code § 8-4-101 et seq.;

2. (2) “Animal feeding operation (AFO)” means a lot or facility (other than an aquatic animal production facility) where the following conditions are met:

   1. (A) Animals (other than aquatic animals) have been, are, or will be stabled or confined and fed or maintained for a total of forty-five (45) days or more in any twelve-month period; and
   2. (B) Crops, vegetation, forage growth, or post-harvest residues are not sustained in the normal growing season over any portion of the lot or facility;
3. (3) “Best management practices” means schedules of activities, prohibited activities, maintenance procedures, and management practices that prevent or reduce pollution of the waters of the state as set forth in this part and the general permit;
4. (4) “Commission” means the Arkansas Pollution Control and Ecology Commission;
5. (5) “Confined animal operation” means any lot or facility where livestock, fowl, or other animals have been, are, or will be stabled or confined and fed or maintained and where crops, vegetation, forage growth, or post-harvest residues are not sustained in the normal growing season over significant portions of the lot or facility;

6. (6)

   1. (A) “Concentrated animal feeding operation (CAFO)” means an AFO that is defined as a Large CAFO or as a Medium CAFO pursuant to 40 C.F.R. § 122.23, or that is designated as a concentrated animal feeding operation in accordance with 40 C.F.R. § 122.23(c).
   2. (B) Two (2) or more animal feeding operations under common ownership are considered to be a single animal feeding operation for the purposes of determining the number of animals at an operation if they adjoin each other or if they use a common area or system for the disposal of wastes;
7. (7) “Director” means the Director of the Division of Environmental Quality or his or her designated representative;
8. (8) “Division” means the Division of Environmental Quality, or its successor;
9. (9) “Liquid animal waste management system” means any system used for the collection, storage, distribution, or disposal of animal waste in liquid form generated by a confined animal operation;

10. (10)

    1. (A) “Site management plan” means a plan prepared by the United States Department of Agriculture Natural Resource Conservation Service, an Arkansas Natural Resources Commission water quality technician, certified nutrient management planner, the University of Arkansas Cooperative Extension Service, or a professional engineer registered in the State of Arkansas which includes:

       1. (i) A detailed map of the land application site showing all buffer zones;
       2. (ii) A description of the land use and the crops grown on the site; and
       3. (iii) A land use agreement if the site is not owned by the permittee.
    2. (B) In nutrient surplus areas designated by Arkansas Code § 15-20-1104, persons drafting nutrient management plans must be certified by the Arkansas Natural Resource Commission in accordance with Arkansas Code § 15-20-1106 and 15 CAR pt. 4, Rules Governing the Arkansas Nutrient Management Planner Certification Program;

11. (11)

    1. (A) “Waste management plan” means a plan prepared by the United States Department of Agriculture Natural Resource Conservation Service, an Arkansas Natural Resources Commission water quality technician, the University of Arkansas Cooperative Extension Service, or a professional engineer registered in the State of Arkansas detailing the management and disposal of liquid wastes generated in a confined animal operation.
    2. (B) In nutrient surplus areas designated by Arkansas Code § 15-20-1104, persons drafting nutrient management plans must be certified by the Arkansas Natural Resource Commission in accordance with Arkansas Code § 15-20-1106 and 15 CAR pt. 4, Rules Governing the Arkansas Nutrient Management Planner Certification Program; and

12. (12)

    1. (A) “Waters of the state” means all streams, lakes, marshes, ponds, watercourses, waterways, wells, springs, irrigation systems, drainage systems, and all other bodies or accumulations of water, surface and underground, natural or artificial, public or private, which are contained within, flow through, or border upon this state or any portion of this state as defined by the Arkansas Water and Air Pollution Control Act.
    2. (B) Unless manifestly inconsistent with this part, other words and phrases used in this part shall have the same meaning as used in the Arkansas Water and Air Pollution Control Act.