For the purposes of Sebastian County Regional Solid Waste Management District rules, the following definitions shall apply:

1. (1) "ADEQ" means the Division of Environmental Quality;
2. (2) "APC&EC" means the Arkansas Pollution Control and Ecology Commission;
3. (3) "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;
4. (4) "Board" means the Board of Directors of the Sebastian County Regional Solid Waste Management District;
5. (5) "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;
6. (6) “Commission” means the Arkansas Pollution Control and Ecology Commission;
7. (7) "Director'' means the Director of the Sebastian County Regional Solid Waste Management District;
8. (8) "Directors" means the members of the Board of Directors of the Sebastian County Regional Solid Waste Management District;

9. (9)

   1. (A) "District" means the Sebastian County Regional Solid Waste Management District.

   2. (B) Jurisdiction and authority includes:

      1. (i) Sebastian County; and
      2. (ii) All municipalities and unincorporated areas within the county;
10. (10) "Division" means the Division of Environmental Quality;

11. (11) "Illegal dump" means any place at which solid waste is placed, deposited, abandoned, dumped, or otherwise disposed of in a manner that is prohibited by 8 CAR §§ 270-601 – 270-606 or other state or federal statutes, rules, or regulations, or which constitute any one (1) of the following:

    1. (A) A nuisance that attracts pests or undesirable vectors such as:

       1. (i) Mosquitoes;
       2. (ii) Flies;
       3. (iii) Bees;
       4. (iv) Rodents; or
       5. (v) Any vermin;
    2. (B) A fire, health, or safety hazard;
    3. (C) A potential source of surface and/or groundwater contamination; or

    4. (D) Other contamination that:

       1. (i) Is hazardous to the public health; or
       2. (ii) Endangers the environment;

12. (12) "Illegal dumping of solid waste" means the illegal placing, depositing, dumping, or causing to be placed, deposited, or dumped by any person any solid waste that is prohibited by this part:

    1. (A) In or upon any public or private highway or road, including any portion of the right-of-way thereof;
    2. (B) In or upon any private property into or upon which the public is admitted by easement or license or any private property;
    3. (C) In or upon any public park or other public property, other than the property designated or set aside for such purpose by the governing board or body having charge thereof; or
    4. (D) Upon any property for which an appropriate permit has not been issued by the Division of Environmental Quality;
13. (13) "Landfill" means a facility requiring a landfill permit as defined by Arkansas Pollution Control and Ecology Commission, Solid Waste Management Rules, 8 CAR pt. 60;

14. (14) "Material recovery facility" means a facility not subject to permitting requirements under Arkansas Pollution Control and Ecology Commission, Solid Waste Management Rules, 8 CAR pt. 60, which:

    1. (A) Is engaged in the storage, processing, and resale of recovered materials; and
    2. (B) Receives source-separated recyclable materials;

15. (15) "Permit'' means to grant license by legal means to perform specific operations as granted by the proper regulatory control authority:

    1. (A) Through a legal document (individual permit);
    2. (B) By rule (general permit); or
    3. (C) By other means deemed appropriate;

16. (16) "Person" means any:

    1. (A) Individual;
    2. (B) Partnership;
    3. (C) Corporation;
    4. (D) Association; or
    5. (E) Public or private organization of any character;
17. (17) "Rule" means any Sebastian 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 Sebastian County Regional Solid Waste Management District;
18. (18) “Rulemaking action" shall include any action by the Sebastian County Regional Solid Waste Management District to adopt, amend, or repeal any Sebastian County Regional Solid Waste Management District rule;

19. (19)

    1. (A) "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 byproducts material as defined by the Atomic Energy Act of 1954, as amended (68 Stat. 923).
    2. (B) Recovered materials as defined by Arkansas Pollution Control and Ecology Commission 22.201 are not considered solid waste;
20. (20) "Solid waste disposal facility" means any Class I or II sanitary landfill as defined by the Division of Environmental Quality;
21. (21) "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;

22. (22)

    1. (A) "Solid waste hauler" means any person engaged in the collection and/or transportation for disposal or storage of solid wastes.
    2. (B) Any person transporting waste more than five (5) times a year is a solid waste hauler, unless exempted below.

    3. (C) “Solid waste hauler” does not include a person:

       1. (i) Transporting their personal household wastes to a permitted facility;
       2. (ii) Hauling only waste tires; or
       3. (iii) Transporting solid waste from an industrial facility to its own Class 3 landfill.

    4. (D) There are two (2) types of solid waste haulers:

       1. (i) Type I haulers are those that haul all categories of nonhazardous solid wastes as identified in Arkansas Pollution Control and Ecology Commission 22.203; and
       2. (ii) Type II haulers are those that haul only Class 4 wastes as identified in Arkansas Pollution Control and Ecology Commission 22.203;
23. (23) "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;
24. (24) "Solid waste services area" means a solid waste services area as described in Arkansas Code § 8-6-701 et seq.; and
25. (25) "Transfer station" means a facility defined as requiring a transfer station permit by Arkansas Pollution Control and Ecology Commission, Solid Waste Management Rules, 8 CAR pt. 60.

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