As used in this part, the following definitions apply:

1. (1) “Abatement” means the removal of used tires from a waste tire site, stockpile, or other site with accumulations of whole or shredded used tires;

2. (2) “Access-controlled collection center” means a location where used tires are collected from tire generators, commercial generators, the public, or any combination thereof and:

   1. (A) Is secured; and
   2. (B) Only allows entry through specific points by authorized personnel;
3. (3) “Baling” means a method of volume reduction whereby tires are compressed into bales;

4. (4) “Beneficial use” means using a tire or part of a tire:

   1. (A) To make another product;
   2. (B) To make a component material of another product;
   3. (C) As a substitute for a commercial product or material; or
   4. (D) As a component to produce an alternative fuel for commercial purposes;

5. (5)

   1. (A) “Civil engineering application” means the use of waste tires in lieu of or in addition to naturally occurring materials, such as rock, sand, dirt, gravel, etc., in construction and erosion control.
   2. (B) This definition does not include land reclamation;

6. (6)

   1. (A) “Commercial generator” means a person who sells new tires or provides delivery of new tires as part of fleet services to any one (1) or more of the following:

      1. (i) A municipality;
      2. (ii) A county;
      3. (iii) A state agency;
      4. (iv) A federal agency;
      5. (v) A school district;
      6. (vi) A political subdivision of the state; or
      7. (vii) A person who in the ordinary course of business buys tires in bulk for use on commercial vehicles.
   2. (B) “Commercial generator” does not include a tire retailer;
7. (7) “Commission” means the Arkansas Pollution Control and Ecology Commission or its successor, unless otherwise specified;
8. (8) “Director” means the Director of the Division of Environmental Quality or the Director of the Division of Environmental Quality’s designee, unless otherwise specified;
9. (9) “Disclosure statement” means a written statement regarding business and legal activities as defined in Arkansas Code § 8-1-106;
10. (10) “Division” means the Division of Environmental Quality or its successor, unless otherwise specified;

11. (11) “E-manifest” means the electronic format of used tire data that is:

    1. (A) Entered by an e-manifest opener into the electronic uniform used tire manifest system;
    2. (B) Assigned a unique electronic document number by the Division of Environmental Quality’s e-manifest system portal; and

    3. (C) Transmitted electronically to the e-manifest system, e-manifest viewers, and e-manifest closers who have been given permission to:

       1. (i) View the data;
       2. (ii) Communicate with the e-manifest opener;

       3. (iii) Provide information related to the collection, transportation, distribution, and recycling or disposal of:

          1. (a) (a) Recyclable tires;
          2. (b) (b) Waste tires; and
       4. (c) (c) Used tires culled for resale; or
       5. (iv) Be the e-manifest closer;

12. (12) “Electronic uniform used tire manifest system” or “e-manifest system” means an administrative method developed by the Division of Environmental Quality that:

    1. (A) Uses an electronic application for the submission and management of information related to the generation, collection, transportation, distribution, recycling, beneficial use, disposal, or resale of each recyclable tire, waste tire, and used tire culled for resale regulated under the Used Tire Recycling and Accountability Act, Arkansas Code § 8-9-401 et seq.; and
    2. (B) Records the origin, date of collection, date of transfer, quantity, type, transporter, and destination for each recyclable tire, waste tire, and used tire culled for resale regulated under the Used Tire Recycling and Accountability Act;

13. (13)

    1. (A) “Extra-large tire” means a tire that, due to its size or construction, is more difficult to process for recycling or disposal than a large tire and costs substantially more to process than a large tire.

    2. (B) “Extra-large tire” includes without limitation tires used, capable of being used, or designed to be used on any of the following vehicles or equipment:

       1. (i) A skid steer loader;
       2. (ii) Excavation equipment;
       3. (iii) A farm implement, including without limitation, a tractor;
       4. (iv) A backhoe;
       5. (v) A road grader;
       6. (vi) Industrial equipment;
       7. (vii) A skidder; or
       8. (viii) A heavy-duty truck used off-road for mining.
    3. (C) “Extra-large tire” includes a tire with a load rating of “G” or higher;
14. (14) “Fee-paid tire” means a used tire for which a rim removal fee or commercial generator fee has been collected, reported, and paid on the replacement tire by a tire generator or commercial generator;
15. (15) “Fee-waived tire” means a used tire for which no rim removal fee, commercial generator fee, or import fee has been collected, reported, and paid;
16. (16) “Funding decision” means the final administrative decision by the Director of the Division of Environmental Quality or designee on an application for Level One, Level Two, and Level Three reimbursements from the Used Tire Recycling Fund pursuant to the Division of Environmental Quality’s administration of the Tire Accountability Program under the Used Tire Recycling and Accountability Act, Arkansas Code § 8-9-401 et seq., and the final decision of the Director of the Division of Environmental Quality or designee on any disputes arising under any reimbursement;
17. (17) “Grant decision” means the final administrative decision by the Director of the Division of Environmental Quality or designee on an application for grants pursuant to the Division of Environmental Quality’s administration of the Tire Accountability Program under the Used Tire Recycling and Accountability Act, Arkansas Code § 8-9-401 et seq., and the final decision of the Director of the Division of Environmental Quality or designee on any disputes arising under any grant;
18. (18) “Large tire” means a tire with a rim size greater than nineteen inches (19″) and a load rating of “F” or higher including without limitation a wide-base or extra-wide single tire;
19. (19) “Load rating” means the system of trade designations that identifies the weight-carrying capacity range of a tire;

20. (20) “Low-profile tire” means a tire of any rim size that has a short sidewall and is designed to:

    1. (A) Be used on an automobile or light truck; and

    2. (B) Provide one (1) or more of the following:

       1. (i) Performance enhancing precision and control; or
       2. (ii) An appearance enhancement;
21. (21) “Manufacture reject tire” means a tire rendered defective in the manufacturing process;
22. (22) “Open collection center” means an unsecure, open-access location where used tires are collected from tire generators, the public, or both before being recycled or disposed of by a used tire program;

23. (23)

    1. (A) “Operator” means any person who performs any operation at a permitted tire processing facility or tire disposal facility requiring individual judgment that may directly affect the proper operation of the facility.
    2. (B) “Operator” does not include any official solely exercising general administrative supervision;

24. (24) “Permit” means a written consent issued by that authorizes a person or business to perform one (1) or more of the following functions at a tire processing facility, a tire disposal facility, or a tire collection center:

    1. (A) Construction;
    2. (B) Operation; or
    3. (C) Maintenance;
25. (25) “Permitted site” means a location used for collection, storage, processing, or disposal of used tires that has a current valid permit issued by the Division of Environmental Quality;
26. (26) “Person” means an individual, governmental entity, or any other entity that is recognized by law with rights and duties;
27. (27) “Processed tire” means tires, commingled tire parts, or pieces that have been cut, shredded, or otherwise altered so that they are no longer whole, no longer identifiable, or both;
28. (28) “Pro rata” means a proportional allocation using a procedure to assign an amount to a fraction according to its share of the whole;
29. (29) “Qualified entity” means an entity that demonstrates to the Division of Environmental Quality that the entity has the capability, experience, and resources to operate and administer a used tire program;
30. (30) “Quantity” means the actual number of tires;
31. (31) “Recyclable tire” means a worn, damaged, or defective tire that is recycled because it is no longer repairable, reusable, or suitable for its original intended purpose;
32. (32) “Recycle” means the systematic process of collecting, sorting, decontaminating, and returning waste materials to commerce as commodities for use, other beneficial use, or exchange;
33. (33) “Regional solid waste management board” means a board created under Arkansas Code Title 8, Chapter 6, Subchapter 7, or its successor, unless otherwise specified;
34. (34) “Regional solid waste management district” means a district created under Arkansas Code Title 8, Chapter 6, Subchapter 7, or its successor, unless otherwise specified;
35. (35) “Registered professional engineer” means a professional engineer registered in the State of Arkansas;
36. (36) “Residuals” means any liquids, sludges, metals, fabric, or byproducts resulting from the processing or storage of tires;

37. (37)

    1. (A) “Small tire” means a tire that has a load rating of “F” or lower and a rim size of nineteen inches (19″) or smaller and includes low-profile tires;

    2. (B) “Small tire” includes a tire from any of the following vehicles:

       1. (i) An automobile;
       2. (ii) A motorcycle;
       3. (iii) An all-terrain vehicle;
       4. (iv) A lawn mower; or
       5. (v) A golf cart;

38. (38)

    1. (A) “Tire” means any one (1) or more of the following:

       1. (i) A continuous, ring-shaped, removable cover made of solid rubber, pneumatic rubber, or semipneumatic rubber that is installed around a wheel rim; or
       2. (ii) Any other round piece of equipment that is attached or could be attached to a vehicle or aircraft and has a primary function of enabling surface mobility.

    2. (B) “Tire” does not include a solid wheel rim with an integral rubber covering or a tire used on a:

       1. (i) Nonmotorized bicycle;
       2. (ii) Golf cart; or
       3. (iii) Lawn mower;
39. (39) “Tire accountability board” or “board” means the board created by the Used Tire Recycling and Accountability Act, Arkansas Code § 8-9-401 et seq., that governs a used tire program;
40. (40) “Tire collection center” means either an access-controlled collection center or an open collection center where used tires are collected before being recycled or disposed of by a used tire program;
41. (41) “Tire-derived fuel” or “TDF” means fuel derived from whole tires or processed tires;
42. (42) “Tire disposal facility” means a separately permitted landfill, landfill unit, or waste tire monofill specifically designed and rated for the sole disposal of waste tires;

43. (43)

    1. (A) “Tire generator” means a person who:

       1. (i) Removes tires from rims for disposal or resale; or
       2. (ii) Stores used tires on or in property owned, leased, or otherwise controlled by that person.

    2. (B) “Tire generator” includes without limitation:

       1. (i) A tire retailer;
       2. (ii) A tire wholesaler;
       3. (iii) A tire transporter;
       4. (iv) A tire manufacturer;
       5. (v) A manufacturer of retreaded tires;
       6. (vi) A new car dealer;
       7. (vii) A used car dealer;
       8. (viii) An auto repair shop; or
       9. (ix) A salvage yard.
    3. (C) “Tire generator” does not include a commercial generator;
44. (44) “Tire manufacturer” means a manufacturing operation engaged in the final assembly of the basic components of a tire;
45. (45) “Tire processing facility” means a site where equipment is used to cut, chip, grind, shred, or otherwise alter used tires;

46. (46)

    1. (A) “Tire retailer” means any one (1) or more of the following:

       1. (i) A person who is in the business of selling new tires, used tires, or both new and used tires to the end consumer; or
       2. (ii) A person who is in the business of or receives compensation for removing tires from rims.

    2. (B) “Tire retailer” does not include:

       1. (i) A person who sells tires to another person exclusively for the purpose of resale if the subsequent retail sale is subject to the fee imposed under Arkansas Code § 8-9-404; or
       2. (ii) A commercial generator;

47. (47) “Tire transporter” means a person who is in the business of or receives compensation for transferring used tires from one (1) location to another location for:

    1. (A) Collection;
    2. (B) Storage;
    3. (C) Processing;
    4. (D) Recycling;
    5. (E) Disposal;
    6. (F) Reuse; or
    7. (G) Resale;

48. (48)

    1. (A) “Used tire” means a tire that meets one (1) or more of the following criteria:

       1. (i) Is repairable or retreadable for its original intended purpose;
       2. (ii) Is reusable;
       3. (iii) Is recyclable; or
       4. (iv) Has been collected by a tire retailer or at a tire collection center operated under the Used Tire Recycling and Accountability Act, Arkansas Code § 8-9-401 et seq.

    2. (B) “Used tire” includes without limitation a:

       1. (i) Recyclable tire;
       2. (ii) Waste tire; and
       3. (iii) Used tire culled for resale.
    3. (C) “Used tire” does not include a tire being held for ninety (90) days or less for the purpose of retreading or repairing the tire;
49. (49) “Used tire culled for resale” means a tire that is removed from the rim but is diverted from a tire collection center, tire processing facility, or tire transporter with the intention of selling for reuse;
50. (50) “Used tire program” means a program that receives funding under the Used Tire Recycling and Accountability Act, Arkansas Code § 8-9-401 et seq., and is governed by a tire accountability board;
51. (51) “Vehicle” means any piece of equipment that uses wheels for surface mobility;

52. (52) “Waste tire” means a whole tire that is worn, damaged, or defective and land-disposed because it is no longer:

    1. (A) Repairable;
    2. (B) Reusable; or
    3. (C) Suitable for its original intended purpose;
53. (53) “Waste tire originating from a tire manufacturer” means those new tires that originate from a tire assembly process and are determined by the tire manufacturer to be either defective or unfit for use on a vehicle;

54. (54)

    1. (A) “Waste tire site” means a location where unpermitted used tires are accumulated, whether loosely stored, baled, or a combination of both loosely stored and baled.

    2. (B) “Waste tire site” does not include:

       1. (i) A location where only new tires are stored; or
       2. (ii) A location that is authorized to store tires by the Division of Environmental Quality or rules promulgated by the Arkansas Pollution Control and Ecology Commission; and
55. (55) “Wide-base tire or extra-wide single tire” means a tire approximately four hundred fifty-five millimeters (455 mm) wide that is used on a vehicle in which the front axle load exceeds the load capacity of a truck tire.