1. (a)

   1. (1) Unless otherwise noted, all terms contained in this part are defined by their plain meaning.
   2. (2) This section contains definitions for terms that appear throughout this part.
   3. (3) Additional definitions may appear in the specific sections to which they apply.
   4. (4) Except where noted otherwise, the term “may” is permissive and the term “shall” is a directive or requirement.

2. (b) When used in this part:

   1. (1) “Active life” means the period of operation beginning with the initial receipt of solid waste and ending at completion of closure activities, but not including the post-closure care period;

   2. (2)

      1. (A) “Active portion” means that part of a facility or unit that has received or is receiving wastes and has received only a six-inch daily cover layer or a layer of approved alternative cover materials as required by 8 CAR § 60-413(a) and (b).
      2. (B) The active portion does not include areas that have received the intermediate cover layer described in 8 CAR § 60-413(b) or that have been closed in accordance with the closure requirements of 8 CAR § 60-1301;
   3. (3) “Airport” means public-use airport open to the public without prior permission and without restrictions within the physical capacities of available facilities;

   4. (4)

      1. (A) “Aquifer” means a geological formation, group of formations, or portion of a formation capable of yielding significant quantities of ground water to wells or springs.
      2. (B) “Significant quantities of ground water means an adequate amount of water to conduct all required analytical tests;

   5. (5)

      1. (A) “Areas susceptible to mass movement” means those areas of influence, i.e., areas characterized as having an active or substantial possibility of mass movement, where the movement of earth material at, beneath, or adjacent to the unit, because of natural or human-induced events, results in the downslope transport of soil and rock material by means of gravitational influence.
      2. (B) Areas of mass movement include, but are not limited to:

3. (i) Landslides;

   1. (ii) Avalanches;

      1. (iii) Debris slides and flows;

         1. (iv) Soil fluction;
         2. (v) Block sliding; and
         3. (vi) Rock fall;

   2. (6)

      1. (A)

         1. (i) “Beneficial fill” means materials for use in filling low areas, improving drainage, or stabilizing slopes or embankments.
         2. (ii) However, placement of beneficial types of fill material into a prepared hole may not be considered beneficial, but may constitute unpermitted disposal.
         3. (iii) Projects that incorporate the use of beneficial fill material shall generally be completed within less than sixty (60) days.

      2. (B)

         1. (i) “Beneficial fill” material includes:
4. (a) (a) Asphalt;

5. (b) (b) Brick;

   1. (c) (c) Concrete;

      1. (d) (d) Ceramics; and

6. (e) (e) Uncontaminated soil or dirt.

   1. (ii)
7. (a) (a) Additional materials may be considered by the Director of the Division of Environmental Quality on a case-by-case basis prior to initiation of fill activity.

8. (b) (b) Nothing in this section is to preclude the use of recovered materials as cited in 8 CAR § 60-104(g);

   1. (7) “Bird hazard” means an increase in the likelihood of bird/aircraft collisions that may cause damage to the aircraft or injury to its occupants;
   2. (8) “Class 1 wastes” means nonhazardous household, commercial, and industrial solid waste as defined herein, and small quantities of conditionally exempt hazardous wastes;
   3. (9) “Class 3 wastes” means nonhazardous commercial, industrial, and special solid wastes that are permitted by the Division of Environmental Quality to be disposed of in a Class 3 landfill;

   4. (10)

      1. (A) “Class 4 wastes” means nonhazardous, bulky, inert, nonputrescible solid wastes that do not degrade, or degrade very slowly, and are permitted by the Division of Environmental Quality to be disposed of in a Class 4 landfill.
      2. (B) “Class 4 wastes” include construction and demolition wastes, appliances, furniture, stumps, limbs, and other bulky wastes that are not normally collected with other household, commercial, or industrial waste;
   5. (11) “Commercial solid waste” means all types of solid waste generated by stores, offices, restaurants, warehouses, and other nonmanufacturing activities, excluding household and industrial waste;
   6. (12) “Commission” means the Arkansas Pollution Control and Ecology Commission of the State of Arkansas;
   7. (13) “Composting” means the deliberate aerobic, biological decomposition of yard waste or other solid waste, resulting in a stable humus-like product;
   8. (14) “Construction and demolition recycling facility (C&DRF)” means a facility that provides for the extraction from mixed construction and demolition waste of recoverable materials;

   9. (15)

      1. (A) “Construction and demolition (C&D) waste” means any and all material and debris that might result from the construction or demolition of any building or other manmade structure including but not limited to:

         1. (i) Single and multifamily dwellings;
         2. (ii) Commercial buildings;
         3. (iii) Road and highway construction and repair;
         4. (iv) Remodeling; and
         5. (v) Additions to existing structures and roofing.

      2. (B) Materials may include, but are not limited to:

         1. (i) Dimensional lumber;
         2. (ii) Roofing materials;
         3. (iii) Bricks;
         4. (iv) Concrete blocks;
         5. (v) Siding;
         6. (vi) Gypsum (drywall);
         7. (vii) Masonry;
         8. (viii) Metal;
         9. (ix) Cardboard;
         10. (x) Concrete with and without rebar;
         11. (xi) Fill materials (including earth, gravel, and stone);
         12. (xii) Glass; and
         13. (xiii) Any other material that may be used in any construction project or may be salvaged from any demolition project;

   10. (16)

       1. (A) “Construction of permitted facilities” or “construction” shall refer to activities for which regulatory design and construction standards are provided herein.

       2. (B)

          1. (i) Clearing and grubbing, ingress and egress roadways, storm water facilities, office and garage buildings, scales, electrical and water utilities, purchasing of rolling equipment, and site monitoring wells are not considered as construction of permitted landfill disposal facilities.
          2. (ii) However, the construction of the items listed above shall have no bearing on the approval or disapproval of an application, nor shall the construction activities relieve the applicant from meeting any design or construction requirements.

       3. (C)

          1. (i) The initiation of construction of permitted landfill disposal facilities does refer to the construction of clay liner system or composite liner system, leachate control and management systems.
          2. (ii) The initiation of other types of permitted solid waste management or processing facilities shall refer to any activities including and following the construction of footings or foundation;
   11. (17) “Construction quality assurance” refers to the means and actions used to assure conformity of the liner and cover system component production and installation to the approved construction quality assurance plan;
   12. (18) “Construction quality control” means those actions taken by manufacturers, fabricators, and/or installers to ensure that materials and workmanship meet the requirements of the approved construction quality assurance plan;

   13. (19)

       1. (A) “Contaminated soils” means those soils that have been physically, chemically, or biologically altered from their natural state.
       2. (B) As used in this part, a soil is contaminated if it has come into contact and/or mixed with some other substance such that the soil or substance and soil mixture is a threat to human health or the environment, and requires remediation, treatment, or disposal in accordance with this part to mitigate such threats;
   14. (20) “Destruction” or “adverse modification” means a direct or indirect alteration of critical habitat that appreciably diminishes the likelihood of the survival and recovery of threatened or endangered species using that habitat;
   15. (21) “Director” means the Director of the Division of Environmental Quality or the Director of the Division of Environmental Quality’s designee;

   16. (22)

       1. (A) “Director of an approved state” means the chief administrative officer of a state agency responsible for implementing the state municipal solid waste permit program or other system of prior approval that is deemed to be adequate by the United States Environmental Protection Agency under regulations published pursuant to Section 4005 of RCRA;
       2. (B) "Director," the "state director", and "director of an approved state" shall have the same meaning.
   17. (23) “Design narrative” means that portion of the narrative that describes the design of the solid waste management facility;
   18. (24) “Disease vectors” means any rodents, flies, mosquitoes, or other animals, including insects, capable of transmitting disease to humans;
   19. (25) “Displacement” means the relative movement of any two (2) sides of a fault measured in any direction;
   20. (26) “Disposal” means abandoning, depositing, releasing, dumping, spilling, leaking, or placing of any solid waste into or on any land or water so that such solid waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any water;

   21. (27)

       1. (A) “Disposal site” or “disposal facility” means any place at which solid waste is dumped, abandoned, or accepted or disposed of for final disposition by incineration, landfilling, or any other method.
       2. (B) The operations of wastewater treatment facilities permitted under the National Pollutant Discharge Elimination System (NPDES), underground injection control (UIC) program, and hazardous waste management facilities permitted under the Arkansas Hazardous Waste Management Act, Arkansas Code § 8-7-201 et seq., shall not be deemed to be disposal sites or facilities for the purposes of this part;
   22. (28) “Division” means the Division of Environmental Quality of the State of Arkansas, or its successor, including the Director of the Division of Environmental Quality and Division of Environmental Quality staff;
   23. (29) “Endangered or threatened species” means any species listed as such pursuant to Section 4 of the Endangered Species Act;

   24. (30)

       1. (A) “Existing municipal solid waste landfill unit” means any municipal solid waste landfill unit that is receiving solid waste as of the appropriate compliance dates specified in 8 CAR § 60-104(d).
       2. (B) Waste placement in existing units must be consistent with past operating practices or modified practices to ensure good management;
   25. (31) “Facility” means all contiguous land and structures, other appurtenances, and improvements on the land used for the disposal, treatment, or processing of solid waste;
   26. (32) “Fault” means a fracture or a zone of fractures in any material along which strata on one side have been displaced with respect to that on the other side;
   27. (33) “Floodplain” means the lowland and relatively flat areas adjoining inland and coastal waters, including flood-prone areas of offshore islands that are inundated by the one hundred-year flood;
   28. (34) “Gas condensate” means the liquid generated as a result of gas recovery processes at the landfill;

   29. (35)

       1. (A) “General permit” means a single common permit issued by the Division of Environmental Quality following public notice and comment for a class of solid waste processing facility owners and operators.
       2. (B) Eligible owners and operators may construct and operate under the terms of the general permit without obtaining an individual permit;
   30. (36) “Ground water” or “groundwater” means water below the land surface in a zone of saturation;

   31. (37)

       1. (A) “Hauler” means a person engaged in the collection or transportation of solid waste for disposal, transfer, or storage.
       2. (B) “Hauler” does not include a person transporting noncommercial waste to a permitted facility;
   32. (38) “Hazardous waste” means a hazardous waste as defined by Hazardous Waste Management, 8 CAR pt. 81, of the rules of the Arkansas Pollution Control and Ecology Commission;
   33. (39) “Hazardous waste generated by conditionally exempt small quantity generators” means waste generated by persons meeting the criteria set forth at 40 C.F.R. § 261.5 as incorporated by reference in Hazardous Waste Management, 8 CAR pt. 81 of the Arkansas Pollution Control and Ecology Commission, or such lesser volumes as are identified by state rules that are in effect at the time of generation or storage of such waste;

   34. (40) “Herbicide and pesticide container” means a spent container that has contained any substance or mixture of substances intended:

       1. (A) For preventing, destroying, repelling, or mitigating any pests;
       2. (B) For use as a plant regulator, defoliant, or desiccant; and
       3. (C) To be used as a spray adjuvant and not controlled by the Arkansas Hazardous Waste Management Act, Arkansas Code § 8-7-201 et seq., and Hazardous Waste Management, 8 CAR pt. 81, of the rules of the Arkansas Pollution Control and Ecology Commission;
   35. (41) “Highly toxic pesticide container” means a spent container that has contained any pesticide determined to be a highly toxic pesticide that under the authority of Section 25(a)(2) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), the Arkansas Hazardous Waste Management Act, Arkansas Code § 8-7-201 et seq., and Hazardous Waste Management, 8 CAR pt. 81, of the Arkansas Pollution Control and Ecology Commission;
   36. (42) “Holocene” means the most recent epoch of the Quaternary period, extending from the end of the Pleistocene Epoch to the present;

   37. (43) “Household waste” means any solid waste, including garbage, trash, and sanitary waste in septic tanks, derived from households, including:

       1. (A) Single and multiple residences;
       2. (B) Hotels and motels;
       3. (C) Bunkhouses;
       4. (D) Ranger stations;
       5. (E) Crew quarters;
       6. (F) Campgrounds;
       7. (G) Picnic grounds; and
       8. (H) Day-use recreation areas;
   38. (44) “Incinerator ash” means any tangible residue resulting from the incineration of solid waste;
   39. (45) “Individual permit” means a permit issued by the Director of the Division of Environmental Quality to a person as defined herein for the construction of a solid waste disposal or processing facility pursuant to the requirements of this part;

   40. (46)

       1. (A) “Industrial solid waste” means solid waste generated as a result of manufacturing or industrial processes that is not a hazardous waste regulated under Subtitle C of RCRA or as defined by Rule Number 23, Sections 260.10 and 261.3, of the Arkansas Pollution Control and Ecology Commission.

       2. (B) Such waste may include, but is not limited to, waste resulting from the following manufacturing or industrial processes:

          1. (i) Electric power generation;
          2. (ii) Fertilizer/agricultural chemicals;
          3. (iii) Food and related products/by-products;
          4. (iv) Inorganic chemicals;
          5. (v) Iron and steel manufacturing;
          6. (vi) Leather and leather products;
          7. (vii) Nonferrous metals manufacturing/foundries;
          8. (viii) Organic chemicals;
          9. (ix) Plastics and resins manufacturing;
          10. (x) Pulp and paper industry;
          11. (xi) Rubber and miscellaneous plastic products;
          12. (xii) Stone, glass, clay, and concrete products;
          13. (xiii) Textile manufacturing;
          14. (xiv) Transportation equipment; and
          15. (xv) Water treatment.
       3. (C) This term does not include mining waste or oil and gas waste;

   41. (47)

       1. (A) “Infectious waste” means laboratory wastes, including pathological specimens, i.e., all tissues, specimens of blood elements, excreta and secretions obtained from patients and laboratory animals, and disposal fomites (any substance which may harbor or transmit pathogenic organisms) attendant thereto.
       2. (B) It also means surgical operating room pathologic specimens and disposal fomites attendant thereto and similar disposal materials from outpatient areas and emergency rooms, including equipment, instruments, utensils, and fomites of a disposal nature from the rooms of patients who are suspected to have or have been diagnosed as having a communicable disease and must, therefore, be isolated, as required by public health agencies;

   42. (48)

       1. (A) “Karst terrains” means areas where karst topography, with its characteristic surface and subterranean features, is developed as the result of dissolution of limestone, dolomite, or other soluble rock.

       2. (B) Characteristic physiographic features present in karst terrains include, but are not limited to:

          1. (i) Sinkholes;
          2. (ii) Sinking streams;
          3. (iii) Caves;
          4. (iv) Large springs; and
          5. (v) Blind valleys;
   43. (49) “Land application unit” means an area where wastes are applied onto or incorporated into the soil surface, excluding manure spreading operations, for agricultural purposes or for treatment and disposal;
   44. (50) “Landfill” or “landfill unit” means a discrete area of land or an excavation that is permitted by the Division of Environmental Quality under this part and receives solid waste for disposal, and that is not a land application unit, surface impoundment, injection well, or waste pile, as those terms are defined under 40 C.F.R. § 257.2;
   45. (51) “Lateral expansion” means a horizontal expansion of the waste boundaries of an existing municipal solid waste landfill unit;
   46. (52) “Leachate” means a liquid that has passed through or emerged from solid waste and contains soluble, suspended, or miscible materials removed from such waste;

   47. (53)

       1. (A) “Lithified earth material” means all rock, including all naturally occurring and naturally formed aggregates or masses of minerals or small particles of older rock that formed by crystallization of magma or by induration of loose sediments.
       2. (B) This term does not include human-made materials, such as fill, concrete, and asphalt, or unconsolidated earth materials, soil, or regolith lying at or near the earth surface;
   48. (54) “Liquid waste” means any waste material that is determined to contain "free liquids" as defined by Method 9095 (Paint Filter Liquids Test), as described in "Test Methods for Evaluating Solid Wastes, Physical/Chemical Methods" (EPA Pub. No. SW-846);

   49. (55)

       1. (A) “Material recycling facility” or “MRF” means a facility engaged solely in practices related to the management or diversion of source separated recoverable materials from the waste stream including storage, processing, marketing, or reuse of recovered materials.
       2. (B) Such term shall not include a solid waste recovery or handling facility provided, however, that any solid waste generated by such facility shall be subject to all applicable laws and rules relating to such solid waste;
   50. (56) “Maximum horizontal acceleration in lithified earth material” means the maximum expected horizontal acceleration depicted on a seismic hazard map, with a ninety percent (90%) or greater probability that the acceleration will not be exceeded in two hundred fifty (250) years, or the maximum expected horizontal acceleration based on a site-specific seismic risk assessment;
   51. (57) “Medical waste” means a waste from healthcare-related facilities which, if improperly treated, handled, or disposed of, may serve to transmit an infectious disease or diseases and as further defined by Arkansas Code § 20-32-101 et seq.;
   52. (58) “Monofill” means a separately permitted landfill or landfill unit specifically designed and operated for the sole disposal of incinerator ash, sludge, tires, or other wastes where only a single type of waste is placed in the landfill unit;

   53. (59)

       1. (A) “Municipal solid waste landfill unit” means a discrete area of land or an excavation that receives household waste, and that is not a land application unit, surface impoundment, injection well, or waste pile, as those terms are defined under 40 C.F.R. § 257.2.

       2. (B) A municipal solid waste landfill unit also may receive other types of RCRA Subtitle D wastes, such as:

          1. (i) Commercial solid waste;
          2. (ii) Nonhazardous sludge;
          3. (iii) Conditionally exempt small quantity generator waste; and
          4. (iv) Industrial solid waste.
       3. (C) Such a landfill may be publicly or privately owned.

       4. (D) A municipal solid waste landfill unit may be:

          1. (i) A new municipal solid waste landfill unit;
          2. (ii) An existing municipal solid waste landfill unit; or
          3. (iii) A lateral expansion;

   54. (60) “Municipality” means:

       1. (A) A city of the first class;
       2. (B) A city of the second class; or
       3. (C) An incorporated town;
   55. (61) “Narrative” means the document or documents provided with the permit application that includes all written documentation required by the Division of Environmental Quality to evaluate the proposed design, construction, and operation of the solid waste management facility;
   56. (62) “New municipal solid waste landfill unit” means any municipal solid waste landfill unit that has not received waste prior to the compliance dates specified in 8 CAR § 60-104(d);
   57. (63) “One hundred-year flood” means a flood that has a one percent (1%) or greater chance of recurring in any given year or a flood of a magnitude equaled or exceeded once in one hundred (100) years on the average over a significantly long period;

   58. (64) “Open burning” means the combustion of solid waste without:

       1. (A) Control of combustion air to maintain adequate temperature for efficient combustion;
       2. (B) Containment of the combustion reaction in an enclosed device to provide sufficient residence time and mixing for complete combustion; and
       3. (C) Control of the emission of the combustion products;
   59. (65) “Open dump” means a site that has been used for the disposal of solid waste which is not a permitted solid waste disposal facility;
   60. (66) “Operating plan and narrative” means that portion of the narrative that describes the operating procedures of the solid waste management facility;

   61. (67)

       1. (A) “Operator” means, for the purposes of this part, the person or persons responsible for the overall operation of a solid waste management facility or part of a facility.
       2. (B) This definition shall not be construed to have the same meaning as a solid waste facility operator as defined and used in Licensing of Operators of Solid Waste Management Facilities and Illegal Dumps Control Officers, 8 CAR pt. 62;
   62. (68) “Owner” means the person or persons who owns a solid waste management facility or part of a facility;
   63. (69) “Person” means any individual, corporation, company, firm, partnership, association, trust, state agency, governmental instrumentality or agency, institution, county, city, town, or municipal authority or trust, venture, or other legal entity, however organized;
   64. (70) “Petroleum contaminated soils” means those soils which have been physically, chemically, or biologically altered by gasoline, diesel, kerosene, heating oil, jet fuel, or any other petroleum product;
   65. (71) “Poor foundation conditions” means those areas where features exist which indicate that a natural or human-induced event may result in inadequate foundation support for the structural components of a landfill unit;
   66. (72) “Potentiometric surface” means the surface to which water in an aquifer would rise by hydrostatic pressure;
   67. (73) “Practices” means the act or method of managing of solid waste;
   68. (74) “Process waste” means solid waste resulting from an industrial or manufacturing processing operation;
   69. (75) “Putrescible wastes” means solid waste which contains organic matter capable of being decomposed by microorganisms and of such a character and proportion as to be capable of attracting or providing food for birds and other potential disease vectors;

   70. (76)

       1. (A) “Recovered materials” includes but is not limited to metal, paper, glass, plastic, textile, yard trimmings, or rubber materials that have known recycling potential, can be feasibly recycled, and have been diverted and source separated or have been removed from the solid waste stream for sale, use, or reuse as raw materials, whether or not the materials require subsequent processing or separation from each other, but does not include materials destined for any use that constitutes disposal.
       2. (B) “Recovered materials” as described above are not solid waste for purposes of this part;
   71. (77) “Recycling” means the systematic collection, sorting, decontaminating, and returning of waste materials to commerce as commodities for use or exchange by separating or diverting an item or items from the solid waste stream for the purpose of processing it or causing it to be processed into a material product, including compost, in order to provide for the final disposition of the material product in a manner other than landfilling or incineration;
   72. (78) “Regional solid waste management board” means a regional solid waste management board formed under Arkansas Code § 8-6-701 et seq.;
   73. (79) “Regional solid waste management district” means a regional solid waste management district formed under Arkansas Code § 8-6-701 et seq.;
   74. (80) “Run-off” means any rainwater, leachate, or other liquid that drains over land from any part of a facility;
   75. (81) “Run-on” means any rainwater, leachate, or other liquid that drains over land onto any part of a facility;
   76. (82) “Safety” means practices designed to reduce or prevent injury or damage to the public or to the environment;
   77. (83) “Salvage” means the approved, controlled removal of reusable material, but shall exclude food products and all other putrescible wastes;
   78. (84) “Saturated zone” means that part of the earth's crust in which all voids are filled with water;
   79. (85) “Scavenging” means the manual sorting and/or recovery of materials from the waste stream, either in the trucks, at the face of the fill, or in unconfined truck discharge areas by individuals not employed or associated with the landfill operation;
   80. (86) “Seismic impact zone” means an area with a two percent (2%) or greater probability that the maximum horizontal acceleration in lithified earth material, expressed as a percentage of the earth's gravitational pull, will exceed 0.10g in fifty (50) years;
   81. (87) “Sludge” means any solid, semisolid, or liquid waste generated from a municipal, commercial, or industrial wastewater treatment plant, water supply treatment plant, or air pollution control facility exclusive of the treated effluent from a wastewater treatment plant;
   82. (88) “Solid waste” means any garbage or refuse, sludge from a wastewater treatment plant, water supply treatment plant, or air pollution control facility and other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations, and from community activities, but does not include solid or dissolved materials in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges that are point sources subject to permit under 33 U.S.C. § 1342, or source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954, as amended (68 Stat. 923);
   83. (89) “Solid waste boundary” means the outermost perimeter of the solid waste, projected in the horizontal plane, as it would exist at completion of the disposal activity;
   84. (90) “Solid waste management plan” means a plan developed according to the provisions of the Arkansas Solid Waste Management Act, Arkansas Code § 8-6-201 et seq., and guidelines of the Division of Environmental Quality, and which is subject to approval by the Division of Environmental Quality;
   85. (91) “Solid waste management system” means the entire process of storage, collection, transportation, processing, treatment, and disposal of solid waste, and includes equipment, facilities, and operations designed for solid waste management activities, including recycling, source reduction, and the enforcement of solid waste management laws and ordinances;
   86. (92) “Solid waste processing facility” means a composting facility, transfer station, solid waste recovery facility, or other facility that handles or processes solid waste;

   87. (93)

       1. (A) “Solid waste recovery facility (WRF)” means a solid waste handling facility that provides for the extraction from mixed solid waste of recoverable materials, materials suitable for use as a fuel or soil amendment, or any combination of such materials.
       2. (B) Due to the similarity of functions, WRF operations are required to meet all permitting requirements for transfer stations, including obtaining a certificate of need from the regional solid waste management district;

   88. (94)

       1. (A) “Source separated recovered materials” means the recovered materials that have been separated from the solid waste stream at the point of generation or at a solid waste materials recovery facility.
       2. (B) The term does not require that various types of recovered materials be separated from each other and recognizes de minimis solid waste, in accordance with industry standards and practices, may be included in the recovered materials;

   89. (95)

       1. (A) “Special materials” means any materials that require special handling precautions and disposal procedures by the landfill owner or operator beyond the normal activities associated with landfill operations.
       2. (B) “Special materials” includes those items listed in Subpart 7 of this part and other process wastes and conditionally exempt small quantity generator wastes requiring special handling procedures;
   90. (96) “State” means the State of Arkansas;
   91. (97) “Structural components” means landfill liners, leachate collection systems, final covers, run-on/run-off systems, and any other component used in the construction and operation of the unit that is necessary for protection of human health and the environment;

   92. (98)

       1. (A) “Surface impoundment” or “impoundment” means a facility or part of a facility that is a natural topographic depression, human-made excavation, or diked area formed primarily of earthen materials (although it may be lined with human-made materials), that is designed to hold an accumulation of liquid wastes or wastes containing free liquids and that is not an injection well.
       2. (B) Examples of surface impoundments are holding, storage, settling, and aeration pits, ponds, and lagoons;
   93. (99) “Taking of endangered species” means harassing, harming, pursuing, hunting, wounding, killing, trapping, capturing, or collecting of an endangered species or attempting to engage in such conduct;
   94. (100) “Transfer station” means any facility used to manage the removal, segregation, processing, and transfer of solid waste from collection vehicles and containers, and from other private and commercial vehicles to greater capacity transport vehicles;
   95. (101) “Type O compost material” means source separated organic wastes, such as paper, food wastes, food-processing wastes, or yard waste or municipal sewage sludge in combination with these wastes;
   96. (102) “Type S compost material” means mixed solid wastes such as household garbage, nonhazardous commercial wastes, or yard waste, source separated organic wastes, or sewage sludge in combination with these wastes;

   97. (103) “Type Y compost material” means yard waste and other vegetative materials such as:

       1. (A) Grass clippings;
       2. (B) Leaves;
       3. (C) Shredded or chipped brush; and
       4. (D) Tree prunings;
   98. (104) “Unauthorized waste” means regulated hazardous wastes as defined in 40 C.F.R. pt. 261, polychlorinated biphenyls (PCB) wastes regulated under the Toxic Substances Control Act (TSCA) for disposal as defined in 40 C.F.R. pt. 761, and all other wastes which are not allowed for disposal due to the provisions of this part, specific permit conditions, or not allowed by Arkansas law;
   99. (105) “Underground drinking water source” means an aquifer supplying drinking water for human consumption, or an aquifer in which the ground water contains less than ten thousand milligrams per liter (10,000 mg/L) total dissolved solids;

   100. (106)

        1. (A) “Unstable area” means a location that is susceptible to natural or human-induced events or forces capable of impairing the integrity of some or all of the landfill structural components responsible for preventing releases from a landfill.

        2. (B) “Unstable areas” can include:

           1. (i) Poor foundation conditions;
           2. (ii) Areas susceptible to mass movements; and
           3. (iii) Karst terrains;
   101. (107) “Uppermost aquifer” means the geologic formation nearest the natural ground surface that is an aquifer, as well as lower aquifers that are hydraulically interconnected with this aquifer within the facility's property boundary;
   102. (108) “Vector” shall have the same meaning as "disease vector";
   103. (109) “Washout” means the carrying away of solid waste by waters of the base flood;

   104. (110)

        1. (A) “Waste management unit boundary” means a vertical surface located at the hydraulically down gradient limit of the unit.
        2. (B) This vertical surface extends down into the uppermost aquifer;
   105. (111) “Waste pile” or “pile” means any noncontainerized accumulation of solid, nonflowing waste that is used for treatment or storage;
   106. (112) “Water table” means the surface of unconfined water at which pressure is atmospheric and is defined by the levels at which water stands in wells that penetrate the ground water surface;
   107. (113) “Wetlands” means those areas of land that are defined in 40 C.F.R. § 232.2(r); and

   108. (114) “Yard waste” means:

        1. (A) Grass clippings;
        2. (B) Leaves; and
        3. (C) Shrubbery trimmings.

Codification Notes: The Atomic Energy Act of 1954, Pub. L. No. 102-486, is codified generally at 42 U.S.C. § 2011 et seq. The Endangered Species Act, Pub. L. No. 93-205, is codified generally at 16 U.S.C. § 1531 et seq. The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), Pub. L. No. 95-396, is codified generally at 7 U.S.C. § 136 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. The Toxic Substances Control Act (TSCA), Pub. L. No. 94-469, is codified generally at 15 U.S.C. § 2601 et seq.