1. (a) This part applies to owners or operators of all solid waste disposal or processing facilities, except as specifically provided, including but not limited to the following permit categories, each of which requires either a separate individual permit or coverage under a general permit:

   1. (1) Class 1 facilities are landfills built to RCRA Subtitle D standards, as incorporated herein for the acceptance of all nonhazardous wastes;
   2. (2) Class 2 [reserved];
   3. (3) Class 3 noncommercial (3N) facilities are landfills that accept for disposal nonhazardous industrial and commercial wastes generated by the permittee and do not accept waste for disposal from any other source;
   4. (4) Class 3 commercial (3C) facilities are landfills that accept for disposal only authorized nonhazardous industrial and commercial wastes generated by the permittee or from other approved facility locations or sources;
   5. (5) Class 3 tire (3T) facilities are tire monofills that accept only processed tires or whole baled tires for disposal;
   6. (6) Class 4 facilities are landfills for the commercial disposal of inert nonputrescible Class 4 wastes as defined herein;
   7. (7) Composting facilities (CY) are facilities that accept only vegetative grass, brush, and tree yard wastes;
   8. (8) Composting facilities (CO) are facilities that accept Type Y wastes and approved organic wastes;
   9. (9) Composting facilities (CS) are facilities that accept Type Y wastes and approved solid wastes;
   10. (10) Transfer stations (TS) are facilities that manage the bulking of solid waste for transportation to a point of disposal; and
   11. (11) Solid waste recovery facilities (WRF) are facilities that segregate, recover, or otherwise process recyclable materials from Class 4 types of waste streams.
2. (b) General effective date. Unless otherwise specified in this part, compliance is required on the effective date of this part.

3. (c) Class 1 landfill compliance exemption.

   1. (1) Class 1 landfills that received waste after October 9, 1991, but stopped receiving waste before the compliance date specified in subsection (d) of this section, are exempt from the requirements of this part except for the closure and post-closure care requirements of Subpart 13 of this part.
   2. (2) The final landfill cover required under Subpart 13 of this part must be installed by October 9, 1994.
   3. (3) Owners or operators that fail to complete cover installation by October 9, 1994, will be subject to all of the requirements of this part unless otherwise specified.

4. (d) Compliance date for Class 1 landfills. The compliance date for Class 1 landfills for all requirements of this part, unless otherwise specified, is:

   1. (1) October 9, 1993 for all municipal solid waste landfill units that received waste on or after October 9, 1993, except those that qualify for an extension as described below; or

   2. (2) April 9, 1994 for an existing municipal solid waste landfill unit or a lateral expansion of an existing municipal solid waste landfill unit that meets the following conditions:

      1. (A) The municipal solid waste landfill unit disposed of less than one hundred tons per day (100 TPD) or less of solid waste during a representative period prior to October 9, 1993;
      2. (B) The unit did not dispose of more than an average of one hundred tons per day (100 TPD) of solid waste each month between October 9, 1993, and April 9, 1994; and
      3. (C) The municipal solid waste landfill unit is not on the National Priorities List (NPL) as found in Appendix B to 40 C.F.R. pt. 300.

5. (e) General permits for solid waste processing facilities.

   1. (1) The Division of Environmental Quality may develop and issue general permits for any categories of solid waste processing facilities.
   2. (2) To qualify for inclusion under a general permit, applicants shall be required to submit a notice of intent and supporting documentation.
   3. (3) Facilities and practices not qualifying for inclusion under the conditions of a general permit shall be required to obtain individual permits.

6. (f) Facilities classified as open dumps.

   1. (1) Municipal solid waste landfill units and other solid waste facilities and practices failing to satisfy the criteria established in this part are considered open dumps for purposes of this part and state solid waste management planning under RCRA and are prohibited under Section 4005 of RCRA.
   2. (2) As provided in 40 C.F.R. § 258.1, municipal solid waste landfill units containing sewage sludge and failing to satisfy the criteria established in this part violate Sections 309 and 405(e) of the Clean Water Act.

7. (g) Use of recovered materials.

   1. (1) Provided that the division may rescind this authorization based on environmental, public health, or other factors, the use of recovered materials as defined in 8 CAR § 60-106, whether the recovered material is directly reused, used in a manufacturing process, used as a construction material, or is inert material used as beneficial fill material, shall not constitute the disposal of solid waste for purposes of this part provided that such use of recovered materials will not result in adverse impacts to the air or surface and ground water quality.
   2. (2) Approval may not be required for the use of recovered materials except that the Director of the Division of Environmental Quality may impose conditions on the use and reuse of materials otherwise classified as solid waste on a case-by-case basis to assure protection of air, or surface and ground water quality.

8. (h) Adoption of subsequent federal regulations.

   1. (1) The director, after the date of promulgation of any new or revised federal solid waste disposal facility regulations, shall conduct rulemaking procedures with reference to these rules as necessary to maintain a state solid waste management program equivalent to the federal program.

   2. (2) Such new or revised federal regulations, upon the date of their publication as final rules of the United States Environmental Protection Agency:

      1. (A) Shall constitute minimum guidelines to the director in formulating rulemaking proposals to this part; and
      2. (B) Shall not be construed to limit or interfere with the adoption of provisions more stringent than federal regulations subject to the provisions of Arkansas Code § 8-1-203.

9. (i) Contaminated soil remediation exclusion. The provisions of this part shall not apply to the on-site disposal or on-site placement of contaminated soils if:

   1. (1) The activities in question are part of an environmental remediation effort being conducted pursuant to an approved written plan or order submitted to or issued by the division; and
   2. (2) The activities are carried out wholly within the boundaries of the site that is the subject of the remediation, provided, however, that for purposes of satisfying the conditions of this subsection, use of private or public streets, roads, or drives to transport such soils from one part of a site to another part of the same site shall not be considered off-site activities, so long as the transportation is in accordance or consistent with the written plan or order.

Codification Notes: The Clean Water Act, Pub. L. No. 92-500, is codified generally at 33 U.S.C. § 1251 et seq. The Resource Conservation and Recovery Act (RCRA), Pub. L. No. 94-580, is codified generally at 42 U.S.C. § 6901 et seq.