The following terms shall have the same meaning when used in this part as established by the acts unless the context otherwise requires:

1. (1) “Commission” means the Arkansas Pollution Control and Ecology Commission;
2. (2) “Director” means the Director of the Department of Energy and Environment, Division of Environmental Quality or the Director of the Division of Environmental Quality’s delegated representative;
3. (3) “Division” means the Department of Energy and Environment, Division of Environmental Quality, or its successor;
4. (4) “Environmental laws”, as used in this part, means laws codified at , laws codified at the Used Tire Recycling and Accountability Act, Arkansas Code § 8-9-401 et seq., and laws codified in Chapter 6 of Title 8 of the Arkansas Code, including but not limited to, the Arkansas Solid Waste Management Act, Arkansas Code §§ 8-6-201 et seq., 8-6-2004, and 8-6-2005(1) – (4);

5. (5) “Environmental officer” means an employee of a city, county, municipality, regional solid waste management district created under Arkansas Code § 8-6-701 et seq., state agency, board, or commission who has:

   1. (A) Completed all applicable requirements under this part, including without limitation:

      1. (i) Completing required training;
      2. (ii) Passing the required examination;
      3. (iii) Obtaining certification;
      4. (iv) Being sworn in; and
      5. (v) Maintaining certification through continuing education; and
   2. (B) By training and certification as provided herein, been authorized to write citations for violations of laws codified at 8 CAR § 40-501 et seq., the Used Tire Recycling and Accountability Act, Arkansas Code § 8-9-401 et seq., and laws codified in Chapter 6 of Title 8 of the Arkansas Code, including but not limited to, the Arkansas Solid Waste Management Act, Arkansas Code §§ 8-6-201 et seq., 8-6-2004, and 8-6-2005(1) – (4).
   3. (C) Limited authority to enter land to investigate and inspect as provided under Arkansas Code § 8-1-2001 et seq.;
6. (6) “Environmental violations”, as used in this part, means a violation of laws codified at 8 CAR § 40-501 et seq., the Used Tire Recycling and Accountability Act, Arkansas Code § 8-9-401 et seq., and laws codified in Chapter 6 of Title 8 of the Arkansas Code, including but not limited to the Arkansas Solid Waste Management Act, Arkansas Code §§ 8-6-201 et seq., 8-6-2004, and 8-6-2005(1) – (4);

7. (7)

   1. (A) “License” means a certificate of competency issued by the Director of the Division of Environmental Quality to solid waste management facility operators and environmental officers who have met the requirements of their respective licensing program.
   2. (B) Unless the sections of this part state otherwise, the terms “license” and “certificate” are used interchangeably in this part;
8. (8) “Licensing committee” means the committee of solid waste management facility managers, operators, or technicians hereinafter established to assist and advise the Arkansas Pollution Control and Ecology Commission and the Division of Environmental Quality in the examining and licensing of operators of solid waste management facilities;

9. (9)

   1. (A) “Operator” means any person who performs any action at a solid waste management facility requiring individual judgment which may directly affect the proper operation of the solid waste management facility.
   2. (B) “Operator” shall not be deemed to include an official solely exercising general administrative supervision;
10. (10) "Operator-in-training” means an employee of a solid waste management facility that has been issued an apprenticeship (Level A) license by the Director of the Division of Environmental Quality;

11. (11)

    1. (A) “Recovered materials” means metal, paper, glass, plastic, textile, yard trimmings not destined for composting, or rubber materials which are not waste tires or waste tire residuals, 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) For the purpose of this part, recovered materials as described above are not solid waste;
12. (12) “Sanitary landfill” means any place for which a permit for disposal of solid waste on land is required under the provisions of this part;

13. (13)

    1. (A) “Solid waste disposal facility” means any place at which solid waste is dumped, abandoned, or accepted or disposed of for final disposition by incineration, landfilling, composting, or other method.
    2. (B) Wastewater treatment plants permitted under the National Pollutant Discharge Elimination System (NPDES) and units at hazardous waste management facilities permitted under the Arkansas Hazardous Waste Management Act of 1979, Arkansas Code § 8-7-201 et seq., and Code shall not be deemed to be disposal sites or facilities for the purpose of this part; and

14. (14)

    1. (A) “Solid waste management facility” means all contiguous land and structures, other appurtenances, and improvements on the land used for storage, collection, transportation, processing, treatment, and/or disposal of solid waste.

    2. (B)

       1. (i) For purposes of this part, facilities solely engaged in the recycling of source-separated recovered materials are excluded.
       2. (ii) Also excluded are processes, operations, and/or facilities that are regulated pursuant to hazardous waste rules which are not also regulated pursuant to solid waste rules.