1. (a)

   1. (1) Unless otherwise noted, all terms contained in this part are defined as set forth in any current version of any Arkansas Pollution Control and Ecology Commission rules.
   2. (2) Any changes made by the Arkansas Pollution Control and Ecology Commission shall be considered immediately engrossed within this part.
   3. (3) Should a conflict in a definition arise, the terms are defined by their plain meaning.

2. (b)

   1. (1) This section contains definitions for terms that may appear throughout this part.
   2. (2) Additional definitions may appear as needed for specific subparts.
3. (c) Except where noted otherwise, the term “may” is permissive and the term “shall” is a directive or requirement.

4. (d) 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) “ADEQ” means the Division of Environmental Quality;
   4. (4) “Adjudicatory action” means an action taken by the Benton County Regional Solid Waste Management District to assess a penalty, suspend, revoke, or deny a license or permit, or other punitive action against another person, with the exception of the denial of a certificate of need;
   5. (5) “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;
   6. (6) “Airport” means public-use airport open to the public without prior permission and without restrictions within the physical capacities of available facilities;
   7. (7) “Applicant” means a district as defined in Arkansas Code § 8-6-702, a local government, or a delegated authority or agent of such district or government that makes application for a grant pursuant to Rules for Solid Waste Disposal Fees — Landfill Post-Closure Trust Fund — Solid Waste Management and Recycling Fund Distribution — Recycling Grant Programs, 8 CAR pt. 61;

   8. (8)

      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 shall be defined as an adequate amount of water to conduct all required analytical tests;

   9. (9)

      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:

5. (i) Landslides;

   1. (ii) Avalanches;

      1. (iii) Debris slides and flows;

         1. (iv) Soil fluxion;
         2. (v) Block sliding; and
         3. (vi) Rock fall;
   2. (10) “Arkansas Administrative Procedure Act” means the Arkansas Administrative Procedure Act codified at Arkansas Code §§ 25-15-201 et seq., as amended from time to time;

   3. (11)

      1. (A)

         1. (i) “Beneficial fill” means materials for use in:
6. (a) (a) Filling low areas;

7. (b) (b) Improving drainage; or

   1. (c) (c) Stabilizing slopes or embankments.

      1. (ii) However, placement of beneficial types of fill material into a prepared hole may not be considered beneficial, but may constitute unpermitted disposal.

         1. (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 asphalt, brick, concrete, ceramics, and uncontaminated soil or dirt.
         2. (ii) Additional materials may be considered by the Secretary of the Department of Energy and Environment on a case-by-case basis prior to initiation of fill activity.
      3. (C) Nothing in this section is to preclude the use of recovered materials as cited in 8 CAR § 60-104(g)(1) and (2);
   2. (12) “Bird hazard” means an increase in the likelihood of bird/aircraft collisions that may cause damage to the aircraft or injury to its occupants;
   3. (13) “Board” means the Board of Directors of the Benton County Regional Solid Waste Management District;
   4. (14) “Certificate of need” means a certificate issued by the Board of Directors of the Benton County Regional Solid Waste Management District to any person proposing to obtain a permit for a solid waste facility;
   5. (15) “Certificate of need review” means review of the application for a certificate of need;

   6. (16) “Class 1 wastes” means:

      1. (A) Nonhazardous household, commercial, and industrial solid waste as defined herein; and
      2. (B) Small quantities of conditionally exempt hazardous wastes;
   7. (17) “Class 3 wastes” means nonhazardous commercial, industrial, and special solid wastes that are permitted by the Department of Energy and Environment to be disposed of in a Class 3 landfill;

   8. (18)

      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 Department of Energy and Environment 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;
   9. (19) “Commercial solid waste” means all types of solid waste generated by stores, offices, restaurants, warehouses, and other nonmanufacturing activities, excluding household and industrial waste;
   10. (20) “Commission” means the Arkansas Pollution Control and Ecology Commission;
   11. (21) “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;
   12. (22) “Composting” means the deliberate aerobic, biological decomposition of yard waste or other solid waste, resulting in a stable humus-like product;

   13. (23)

       1. (A) “Construction of permitted facilities” or “construction” refers 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 construction 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;

   14. (24)

       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 human-made 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 dimensional lumber, roofing materials, bricks, concrete blocks, siding, gypsum (drywall), masonry, metal, cardboard, concrete with and without rebar, fill materials (including earth, gravel, and stone), glass, and any other material that may be used in any construction project or may be salvaged from any demolition project;
   15. (25) “Construction and demolition recycling facility (C&DRF)” means a facility that provides for the extraction from mixed construction and demolition waste of recoverable materials;
   16. (26) “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;
   17. (27) “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;

   18. (28)

       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;
   19. (29) “Department” means the Department of Energy and Environment of the State of Arkansas, or its successor, including the Secretary of the Department of Energy and Environment and Department of Energy and Environment staff;
   20. (30) “Design narrative” means that portion of the narrative that describes the design of the solid waste management facility;
   21. (31) “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;
   22. (32) “Directors” means the members of the Board of Directors of the Benton County Regional Solid Waste Management District;
   23. (33) “Disease vectors” means any rodents, flies, mosquitoes, or other animals, including insects capable of transmitting disease to humans;
   24. (34) “Displacement” means the relative movement of any two (2) sides of a fault measured in any direction;
   25. (35) “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;

   26. (36)

       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:

          1. (i) Incineration;
          2. (ii) Landfilling; or
          3. (iii) 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 of 1979, Arkansas Code § 8-7-201 et seq., shall not be deemed to be disposal sites or facilities for the purposes of this part;

   27. (37) “District” means the Benton County Regional Solid Waste Management District, which includes:

       1. (A) All of Benton County; and
       2. (B) The municipalities within the county;
   28. (38) “Endangered or threatened species” means any species listed as such pursuant to Section 4 of the Endangered Species Act;
   29. (39) “Executive director” means the director of the Benton County Regional Solid Waste Management District;

   30. (40)

       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;
   31. (41) “Facility” means all contiguous land and structures, other appurtenances, and improvements on the land used for the disposal, treatment, or processing of solid waste;
   32. (42) “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;
   33. (43) “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 hundred-year flood;
   34. (44) “Gas condensate” means the liquid generated as a result of gas recovery processes at the landfill;

   35. (45)

       1. (A) “General permit” means a single common permit issued by the Department of Energy and Environment 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;
   36. (46) “Ground water” or “groundwater” means water below the land surface in a zone of saturation;

   37. (47) “Grant decisions” means:

       1. (A) Final administrative decisions by the Secretary of the Department of Energy and Environment on all applications for grants pursuant to the Department of Energy and Environment’s administration of grant programs represented under this part; and
       2. (B) The final decision of the Secretary of the Department of Energy and Environment on any disputes arising under any such grant;

   38. (48) “Grant round” means a single grant cycle that the Department of Energy and Environment:

       1. (A) Opens with the acceptance of new applications for funding; and
       2. (B) Ends with the disbursement of grant awards from funds available for the grant cycle;
   39. (49) “Grantee” means the grant applicant awarded funding for a grant proposal;

   40. (50)

       1. (A) “Hauler” means a person engaged in the collection or transportation of solid waste for:

          1. (i) Disposal;
          2. (ii) Transfer; or
          3. (iii) Storage.
       2. (B) “Hauler” does not include a person transporting noncommercial waste to a permitted facility;
   41. (51) “Hazardous waste” means hazardous waste as defined by the Arkansas Pollution Control and Ecology Commission, Hazardous Waste Management, 8 CAR pt. 81;
   42. (52) “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;

   43. (53) “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:

          1. (i) The Arkansas Hazardous Waste Management Act of 1979, Arkansas Code § 8-7-201 et seq.; and
          2. (ii) Arkansas Pollution Control and Ecology Commission, Hazardous Waste Management, 8 CAR pt. 81;

   44. (54) “Highly toxic pesticide container” means a spent container that has contained any pesticide determined to be a highly toxic pesticide under the authority of:

       1. (A) Section 25(a)(2) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA);
       2. (B) The Arkansas Hazardous Waste Management Act of 1979, Arkansas Code § 8-7-201 et seq.; and
       3. (C) Arkansas Pollution Control and Ecology Commission, Hazardous Waste Management, 8 CAR pt. 81;
   45. (55) “Holocene” means the most recent epoch of the Quaternary period, extending from the end of the Pleistocene Epoch to the present;
   46. (56) “Household waste” means any solid waste (including garbage, trash, and sanitary waste in septic tanks) derived from households (including single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds, and day-use recreation areas);
   47. (57) “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;
   48. (58) “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;
   49. (59) “Incinerator ash” means any tangible residue resulting from the incineration of solid waste;
   50. (60) “Individual permit” means a permit issued by the Secretary of the Department of Energy and Environment to a person as defined herein for the construction of a solid waste disposal or processing facility pursuant to the requirements of Arkansas Pollution Control and Ecology Commission, Solid Waste Management Rules, 8 CAR pt. 60;

   51. (61)

       1. (A) “Industrial solid waste” means solid waste generated as a result of manufacturing or industrial processes that is not a hazardous waste:

          1. (i) Regulated under Subtitle C of the Resource Conservation and Recovery Act of 1976, Pub. L. No. 94-580; or
          2. (ii) As defined by Arkansas Pollution Control and Ecology Commission Rule Number 23, Sections 260.10 and 261.3.

       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/byproducts;
          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;

   52. (62)

       1. (A) “Infectious waste” means laboratory wastes, including:

          1. (i) Pathological specimens (i.e., all tissues, specimens of blood elements, excreta, and secretions obtained from patients and laboratory animals); and
          2. (ii) 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 disposable 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;
   53. (63) “Interested persons” means the applicant and any persons who submit public comments during the comment period either in writing or verbally at the public hearing;

   54. (64)

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

          1. (i) Limestone;
          2. (ii) Dolomite; or
          3. (iii) 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;

   55. (65) “Land application unit” means an area where wastes are applied onto or incorporated into the soil surface (excluding manure spreading operations) for:

       1. (A) Agricultural purposes; or
       2. (B) Treatment and disposal;
   56. (66) “Landfill” or “landfill unit” means a discrete area of land or an excavation that is permitted by the Division of Environmental Quality 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;
   57. (67) “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;
   58. (68) “Lateral expansion” means a horizontal expansion of the waste boundaries of an existing municipal solid waste landfill unit;

   59. (69) “Leachate” means a liquid that:

       1. (A) Has passed through or emerged from solid waste; and
       2. (B) Contains soluble, suspended, or miscible materials removed from such waste;

   60. (70)

       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:

          1. (i) Crystallization of magma; or
          2. (ii) 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’s surface;
   61. (71) “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);

   62. (72)

       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;
   63. (73) “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;
   64. (74) “Medical waste” means waste from healthcare related facilities which, if improperly treated, handled, or disposed of may serve to transmit an infectious disease and as further defined by Arkansas Code § 20-32-101 et seq.;
   65. (75) “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;

   66. (76)

       1. (A) “Municipal landfill” 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 Subtitle D of the Resource Conservation and Recovery Act of 1976, Pub. L. No. 94-580 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;

   67. (77) “Municipality” means:

       1. (A) A city of the first class;
       2. (B) A city of the second class; or
       3. (C) An incorporated town;
   68. (78) “Narrative” means the document or documents provided with the permit application that includes all written documentation required by the Department of Energy and Environment to evaluate the proposed design, construction, and operation of the solid waste management facility;
   69. (79) “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);
   70. (80) “Open dump” means a site that has been used for the disposal of solid waste which is not a permitted solid waste facility;

   71. (81) “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;
   72. (82) “Operating plan and narrative” means that portion of the narrative that describes the operating procedures of the solid waste management facility;
   73. (83) “Operator” means an individual or individuals charged with the responsibility of managing or operating a solid waste management facility or part of a facility, including the responsibility for assuring the operations of said facility is in accordance with the provisions of this part and other applicable rules;
   74. (84) “Owner” means the person or persons who owns a solid waste management facility or part of a facility;
   75. (85) “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.;
   76. (86) “Person” means any individual, corporation, company, firm, partnership, association, trust, state agency, government instrumentality or agency, institution, county, city, town or municipal authority or trust, venture, or other legal entity, however organized;
   77. (87) “Petroleum contaminated soils” means those soils which have been physically, chemically, or biologically altered by gasoline, diesel, and kerosene, heating oil, jet fuel, or any other petroleum product;
   78. (88) “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;
   79. (89) “Potentiometric surface” means the surface to which water in an aquifer would rise by hydrostatic pressure;
   80. (90) “Practices” means the act or method of managing of solid waste;
   81. (91) “Private industry landfill” means a solid waste management landfill facility, subject to permitting requirements under Arkansas Pollution Control and Ecology Commission, Solid Waste Management Rules, 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;
   82. (92) “Process waste” means solid waste resulting from an industrial or manufacturing processing operation;
   83. (93) “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;
   84. (94) “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;

   85. (95) “Recyclable materials collection center” or “collection center” means a facility which receives or stores recyclable materials prior to transportation to:

       1. (A) Material recovery facilities;
       2. (B) Markets for recycling; or
       3. (C) Disposal;

   86. (96)

       1. (A) “Recyclable materials collection system” or “collection system” means a type of recyclables collection which does not include the direct use of a recyclable materials collection system by the general public.

       2. (B) “Collection systems” include curbside, house-to-house, and other such collection services provided to the general public, which directly receive and transport recyclable materials to:

          1. (i) Collection centers;
          2. (ii) Material recovery facilities; or
          3. (iii) Markets;
   87. (97) “Recycling” or “recycling activity” 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;
   88. (98) “Regional solid waste management board” means the Board of Directors of the Benton County Regional Solid Waste Management District;
   89. (99) “Regional solid waste management district” means the Benton County Regional Solid Waste Management District;
   90. (100) “Rule” means any Benton County Regional Solid Waste Management District rule or statement of general applicability and future effect that implements, interprets, or prescribes law or mandatory policy, or describes the organization, procedure, or practice of the Benton County Regional Solid Waste Management District;
   91. (101) “Rulemaking action” shall include any action by the Benton County Regional Solid Waste Management District to adopt, amend, or repeal a Benton County Regional Solid Waste Management District rule;
   92. (102) “Runoff” means any rainwater, leachate, or other liquid that drains over land from any part of a facility;
   93. (103) “Safety” means practices designed to reduce or prevent injury or damage to the public or to the environment;
   94. (104) “Salvage” means the approved, controlled removal of reusable material, but shall exclude food products and all other putrescible wastes;
   95. (105) “Saturated zone” means that part of the earth's crust in which all voids are filled with water;
   96. (106) “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;
   97. (107) “Secretary” means the Secretary of the Department of Energy and Environment or the Secretary of the Department of Energy and Environment’s designee;
   98. (108) “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;
   99. (109) “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;
   100. (110) “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);
   101. (111) “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;
   102. (112) “Solid waste facility” means any facility which holds or should hold a facility permit issued by the Solid Waste Division of the Division of Environmental Quality, including but not limited to, landfills of any type, transfer stations, material recovery facilities, waste tire facilities, etc.;
   103. (113) “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;
   104. (114) “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 Department of Energy and Environment, and which is subject to approval by the Department of Energy and Environment;
   105. (115) “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;

   106. (116) “Solid waste material recovery facility” means a solid waste handling facility, subject to permitting requirements under Solid Waste Management Rules, 8 CAR pt. 60, that provides for the extraction from mixed solid waste of:

        1. (A) Recoverable materials;
        2. (B) Materials suitable for use as a fuel or soil amendment; or
        3. (C) Any combination of such materials;

   107. (117)

        1. (A) “Solid waste recovery facility (WRF)” means a solid waste handling facility that provides for the extraction from mixed solid waste of:

           1. (i) Recoverable materials;
           2. (ii) Materials suitable for use as a fuel or soil amendment; or
           3. (iii) 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 Benton County Regional Solid Waste Management District;
   108. (118) “Solid waste processing facility” means a composting facility, transfer station, solid waste recovery facility, or other facility that handles or processes solid waste;

   109. (119)

        1. (A) “Source separated recovered materials” means the recovered materials that have been separated from the solid waste stream at:

           1. (i) The point of generation; or
           2. (ii) A solid waste material 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;

   110. (120)

        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 20 CAR § 60-701 et seq. and other process wastes and conditionally exempt small quantity generator wastes requiring special handling procedures;
   111. (121) “State” means the State of Arkansas;

   112. (122)

        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;
   113. (123) “Structural components” means landfill liners, leachate collection systems, final covers, run-on/runoff 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;
   114. (124) “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;
   115. (125) “Tipping fee” means a charge made by any solid waste disposal, transfer, recycling, or processing facility, or a transporter to its customers for material received;
   116. (126) “Ton” means a short ton consisting of a net weight measure of two thousand pounds (2,000 lbs.);
   117. (127) “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 Arkansas Code § 8-6-701 et seq.;
   118. (128) “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;
   119. (129) “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;
   120. (130) “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;
   121. (131) “Type Y compost material” means yard waste and other vegetative materials such as grass clippings, leaves, and shredded or chipped brush, and tree prunings;

   122. (132) “Unauthorized waste” means:

        1. (A) Regulated hazardous wastes as defined in 40 C.F.R. pt. 261;
        2. (B) Polychlorinated biphenyls wastes regulated under the Toxic Substances Control Act, Pub. L. No. 94-469, for disposal as defined in 40 C.F.R. pt. 761; and
        3. (C) 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;
   123. (133) “Uncompacted 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 no amount of mechanical compaction;

   124. (134) “Underground drinking water source” means an aquifer:

        1. (A) Supplying drinking water for human consumption; or
        2. (B) In which the ground water contains less than ten thousand milligrams per liter (10,000 mg/L) total dissolved solids;

   125. (135)

        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;
   126. (136) “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;
   127. (137) “Vector” shall have the same meaning as "disease vector";
   128. (138) “Washout” means the carrying away of solid waste by waters of the base flood;

   129. (139)

        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;
   130. (140) “Waste pile” or “pile” means any noncontainerized accumulation of solid, nonflowing waste that is used for treatment or storage;
   131. (141) “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;
   132. (142) “Wetlands” means those areas of land that are defined in 40 C.F.R. § 232.2(r); and
   133. (143) “Yard waste” means grass clippings, leaves, and shrubbery trimmings.

Codification Notes: Section 4 of the Endangered Species Act is codified at 16 U.S.C. § 1533. Section 25(a)(2) of the Federal Insecticide, Fungicide, and Rodenticide Act is codified at 7 U.S.C. § 136w(a)(2). Subtitle C of the Resource Conservation and Recovery Act of 1976, Pub. L. No. 94-580, is codified at 42 U.S.C. § 6921 et seq. Subtitle D of the Resource Conservation and Recovery Act of 1976, Pub. L. No. 94-580, is codified at 42 U.S.C. § 6941 et seq. The Toxic Substances Control Act, Pub. L. No. 94-469, is codified at 15 U.S.C. § 2601 et seq.