1. (a) This part applies to all persons proposing to construct, alter, extend, or operate any storage, discharge, or disposal system that does not discharge directly to waters of the state, and the operation of which, if unregulated, will cause pollution of waters of the state or result in wastes being placed in a location where it is likely to cause pollution of the waters of the state.

2. (b) This part does not apply to:

   1. (1) Liquid animal waste management systems regulated under the Arkansas Pollution Control and Ecology Commission rule, Liquid Animal Waste Management Systems, 8 CAR pt. 24;
   2. (2) Underground injection control (UIC) facilities regulated under the Arkansas Pollution Control and Ecology Commission rule, Arkansas Underground Injection Control Code, 8 CAR pt. 26; or
   3. (3) Class II UIC wells permitted by the Oil and Gas Commission.

3. (c) This part also does not apply to:

   1. (1) Storage or disposal systems permitted under Arkansas Pollution Control and Ecology Commission rules:

      1. (A) Prevention of Pollution by Oil Field Waste, 8 CAR pt. 20; or
      2. (B) Rule to Require a Disposal Permit for Real Estate Subdivisions in Proximity to Lakes and Streams, 8 CAR pt. 23;
   2. (2) Storage, discharge, or disposal systems which have been issued any NPDES permit other than a stormwater permit; or
   3. (3) Septic systems regulated by the Department of Health.

Codification Notes: “NPDES” means National Pollutant Discharge Elimination System.