For the purposes of this part, the following definitions shall apply:

1. (1) “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;
2. (2) “Board” means the Board of Directors of the Northeast Arkansas Regional Solid Waste Management District;
3. (3) "Bylaws" means laws of local application passed under the authority of a higher law specifying what things may be regulated by the bylaw;
4. (4) “Certificate of need” means a certificate issued by the Board of Directors of the Northeast Arkansas Regional Solid Waste Management District to any person proposing to obtain a permit for a solid waste facility;
5. (5) “Certificate of need review” means review of the application for a certificate of need;
6. (6) “Class S composting facility” means a facility defined as requiring a Class S composting permit under Arkansas Pollution Control and Ecology Commission, Solid Waste Management Rules, 8 CAR pt. 60;
7. (7) “Commission” means the Arkansas Pollution Control and Ecology Commission;
8. (8) “Director” means the Director of the Northeast Arkansas Regional Solid Waste Management District;
9. (9) “Directors” means the members of the Board of Directors of the Northeast Arkansas Regional Solid Waste Management District;
10. (10) “District” means the Northeast Arkansas Regional Solid Waste Management District, which includes Clay County, Greene County, Lawrence County, Randolph County, and the municipalities within those counties;
11. (11) “Division” means the Division of Environmental Quality;
12. (12) “Interested persons” means the applicant and any persons who submit public comments during the review period either in writing or verbally at the public hearing;

13. (13)

    1. (A) “Landfill” means a permitted landfill under the Arkansas Solid Waste Management Act, Arkansas Code § 8-6-201 et seq.
    2. (B) As used herein, the term does not include permitted landfills where a private industry bears the expense of operating and maintaining the landfill solely for the disposal of wastes generated by the industry or wastes of a similar kind or character;
14. (14) “Person” means any individual, partnership, corporation, association, public organization, or private organization of any character;
15. (15) “Rule” means any Northeast Arkansas 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 Northeast Arkansas Regional Solid Waste Management District;
16. (16) “Rulemaking action” shall include any action by the Northeast Arkansas Regional Solid Waste Management District to adopt, amend, or repeal a Northeast Arkansas Regional Solid Waste Management District rule;
17. (17) “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);
18. (18) “Solid waste disposal facility” means any Class I or Class IV landfills as defined by the Division of Environmental Quality;
19. (19) “Solid waste facility” means a landfill or transfer station, as defined in this section, and/or any facility which holds or should hold a facility permit issued by the Division of Environmental Quality’s Solid Waste Division;

20. (20)

    1. (A) “Solid waste hauler” means any person or business engaged in the collection and/or transportation for disposal or storage of solid wastes.

    2. (B) “Solid waste hauler” does not include a person:

       1. (i) Transporting their personal household wastes to a permitted facility; or
       2. (ii) Hauling only waste tires.

    3. (C) There are two (2) classifications of haulers:

       1. (i) Type I haulers are those that haul all categories of nonhazardous solid waste as identified in 8 CAR § 60-202; and
       2. (ii) Type II haulers are those that haul only Class IV wastes as identified in 8 CAR § 60-202;
21. (21) “Solid waste material recovery facility” means a facility defined as requiring a solid waste material recovery facility permit by Arkansas Pollution Control and Ecology Commission, Solid Waste Management Rules, 8 CAR pt. 60; and
22. (22) “Transfer station” means any facility used to manage the removal, compaction, and transfer of solid waste from collection vehicles and containers, and from other private and commercial vehicles to greater capacity transport vehicles, and/or a facility defined as requiring a transfer station permit by Arkansas Pollution Control and Ecology Commission, Rule Establishing Water Quality Standards for Surface Waters of the State of Arkansas, 8 CAR pt. 21.

Codification Notes: The Atomic Energy Act of 1954 is codified generally at 42 U.S.C. § 2011 et seq.