(b) In addition, for purposes of this part, the following definitions apply, unless otherwise noted:
- (1) “Agent of the grantee” means any corporation, profit or nonprofit, or any person rendering services to the grantee under the terms of this part and under the terms of a written agreement with the grantee for the stated purpose of implementing the grantee’s solid waste programs;
- (2) “Applicant” means a regional solid waste management district as defined in Arkansas Code § 8-6-702, a local government, or a delegated authority or agent of such regional solid waste management district or government that makes application for a grant pursuant to this part;
- (3) “Board” means a regional solid waste management board formed under Arkansas Code § 8-6-701 et seq., and pursuant to the authority of the Arkansas Pollution Control and Ecology Commission as provided by Arkansas Code § 8-6-707;
- (4) “Commission” means the Arkansas Pollution Control and Ecology Commission;
- (5) “Compacted cubic yard of waste” means a volume equal to three feet by three feet by three feet (3’ x 3’ x 3’) of solid waste which has received any amount of mechanical compaction;
- (6) “Director” means the Director of the Division of Environmental Quality or the Director of the Division of Environmental Quality’s designee;
- (7) “District” means a regional solid waste management district formed under Arkansas Code § 8-6-701 et seq., and pursuant to the authority of the Arkansas Pollution Control and Ecology Commission as provided by Arkansas Code§ 8-6-707;
- (8) “Division” means the Division of Environmental Quality, or its successor;
(9) “Expense itemization” means a listing of expenditures that includes:
- (A) Expenditure date;
- (B) Item purchased;
- (C) Purchase price; and
- (D) Name of vendor;
- (10) “Facility” means all contiguous land and structures, other appurtenances, and improvements on the land used for the disposal, treatment, or processing of solid waste;
- (11) “Fund decisions” means final administrative decisions by the Director of the Division of Environmental Quality on applications for or disbursement of funds pursuant to the Division of Environmental Quality’s administration of fund programs represented under this part and the final decision of the Director of the Division of Environmental Quality on any disputes arising under any such fund;
- (12) “Grant decisions” means final administrative decisions by the Director of the Division of Environmental Quality on all applications for grants pursuant to the Division of Environmental Quality’s administration of grant programs represented under this part and the final decision of the Director of the Division of Environmental Quality on any disputes arising under any such grant;
- (13) “Grant round” means a single grant cycle that the Division of Environmental Quality opens with the acceptance of new applications for funding and ends with the disbursement of grant awards from funds available for the grant cycle;
- (14) “Grantee” means the grant applicant awarded funding for a grant proposal;
- (15) “In-kind contribution” means a contribution to a grant or fund project, which is not cash but has value, such as real estate, goods, or services, which is provided by the grantee or another contributor;
(16)
- (A) “Landfill” means a solid waste management landfill facility subject to permitting requirements provided under Solid Waste Management Rules, 8 CAR pt. 60.
- (B) “Landfill” means, for purposes of the Landfill Post-Closure Trust Fund Program, landfills permitted under the Arkansas Solid Waste Management Act, Arkansas Code § 8-6-201 et seq., and subject to permitting requirements provided under 8 CAR pt. 60, and applies to all landfills which, upon receipt of solid waste at the landfill gate, are required to participate in the fee system for landfill disposal, except those landfills where a private industry bears the expense of operating and maintaining the landfill solely for the disposal of waste generated by the industry or wastes of a similar kind or character;
- (17) “Landfill gate” means the entry point at a solid waste management landfill facility at which the waste is received from the landfill customer, the waste is weighed or measured, waste receipt fees are determined, and waste tickets are issued, except those landfills where a private industry bears the expense of operating and maintaining the landfill solely for the disposal of waste generated by the industry or wastes of a similar kind or character;
- (18) “Material recovery facility” means a facility not subject to permitting requirements under 8 CAR pt. 60, which is engaged in the storage, processing, and resale of recovered materials and receives source-separated recyclable materials;
(19)
- (A) “Municipal landfill” means a permitted solid waste management landfill facility, except for those where private industry bears the expense of operating and maintaining the landfill solely for the disposal of wastes generated by the industry.
- (B) Such a facility is subject to requirements provided under 8 CAR pt. 60;
- (20) “Operator” means an individual or individuals charged with the responsibility of managing or operating a solid waste management facility, including the responsibility for assuring the operations of said facility is in accordance with the provisions of this part and other applicable rules;
- (21) “Owner” means the person or any other responsible party who owns a facility or any part of a facility;
- (22) “Permittee” means any individual, corporation, company, firm, partnership, association, trust, local solid waste authority, institution, county, city, town or municipal authority or trust, venture, or other legal entity holding a solid waste disposal permit, as provided in the Arkansas Solid Waste Management Act, Arkansas Code § 8-6-201 et seq.;
- (23) “Post-closure corrective action” means any measures deemed necessary by the Director of the Division of Environmental Quality to prevent or abate contamination of the environment from any landfill which has been approved as properly closed by the Division of Environmental Quality, pursuant to 8 CAR pt. 60;
- (24) “Private industry landfill” means a solid waste management landfill facility, subject to permitting requirements under 8 CAR pt. 60, where private industry bears the expense of operating and maintaining the landfill solely for the disposal of wastes generated by the industry;
- (25) “Recycling” means the systematic collection, sorting, decontaminating, and returning of waste materials to commerce as commodities for use or exchange;
- (26) “Regional solid waste management board” means a board formed under Arkansas Code § 8-6-701 et seq., and pursuant to the authority of the Arkansas Pollution Control and Ecology Commission as provided by Arkansas Code § 8-6-707;
- (27) “Regional solid waste management district” means a district established pursuant to Arkansas Code § 8-6-701 et seq., and pursuant to the authority of the Arkansas Pollution Control and Ecology Commission as provided by Arkansas Code § 8-6-707;
- (28) “Solid waste” means any garbage, refuse, or 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 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, 42 U.S.C. § 2011 et seq., as amended;
- (29) “Solid waste disposal permit” means a permit, subject to requirements provided under 8 CAR pt. 60, issued by the State of Arkansas under provisions of the Arkansas Solid Waste Management Act, Arkansas Code § 8-6-201 et seq., for the construction and operation of a solid waste landfill facility;
- (30) “Solid waste management” means management activities including, but not limited to, the storage, collection, transfer, transportation, treatment, utilization, processing, and final disposal of solid waste including, but not limited to, the prevention, reduction, or recycling of wastes;
- (31) “Solid waste management plan” means a plan, subject to requirements provided under 8 CAR pt. 60, which is 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 written approval by the Division of Environmental Quality;
(32) “Solid waste management system” means the entire process of source reduction, storage, collection, transportation, processing, waste minimization, recycling, and disposal of solid wastes by any person engaging in the process as a business or by any:
- (A) Municipality;
- (B) Authority;
- (C) Trust;
- (D) County; or
- (E) Combination thereof;
(33) “Solid waste material recovery facility” means a solid waste handling facility, subject to permitting requirements under 8 CAR pt. 60, that provides for the extraction from mixed solid waste of:
- (A) Recoverable materials;
- (B) Materials suitable for use as a fuel or soil amendment; or
- (C) Any combination of such materials;
(34) “Solid waste reduction activities” means other activities that divert materials from landfills for reuse including, without limitation:
- (A) Using waste items as raw materials in a production process, such as adding shingles to asphalt mix for paving;
- (B) Using waste items to produce an end product without recycling, such as returning wood chips to citizens as mulch;
- (C) Using waste items as fuel, such as burning wood chips or tire chips in a waste-to-fuel process; or
- (D) Other activities as approved by the Division of Environmental Quality;
- (35) “Solid waste services area” means solid waste services area as described in the Regional Solid Waste Management Districts and Boards Act, Arkansas Code § 8-6-701 et seq.;
- (36) “Tipping fee” means a charge made by a landfill or a transporter to its customers for waste received and may or may not include the disposal fees imposed under this part;
- (37) “Ton” means a short ton consisting of a net weight measure of two thousand pounds (2,000 lbs.);
- (38) “Transfer station” means any facility, subject to permitting requirements under 8 CAR pt. 60, that is used to manage the removal, compaction, or transfer of solid waste from collection vehicles and containers, or from other private and commercial vehicles to greater capacity transport vehicles;
- (39) “Transporter” or “solid waste transporter” or “hauler” means any individual, corporation, company, firm, partnership, association, trust, local solid waste authority, institution, county, city, town, municipal authority or trust, venture, or other legal entity transporting solid waste and licensed pursuant to the Regional Solid Waste Management Districts and Boards Act, Arkansas Code§ 8-6-701 et seq.; and
- (40) “Uncompacted cubic yard of waste” means a volume equal to a three feet by three feet by three feet (3’ x 3’ x 3’) of solid waste which has received no amount of mechanical compaction.