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

1. (1) "ADEQ" or "division" means the Division of Environmental Quality;
2. (2) "Administrative order'' means the written finding of the Sebastian County Regional Solid Waste Management District which proposes to assess a penalty, suspend, revoke, or deny a license or permit, or to take other action against a person which grants that person a right to request a hearing pursuant to this part, other than the denial of a certificate of need;
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) "Commission" means the Arkansas Pollution Control and Ecology Commission;
6. (6) "Director" means the Director of the Sebastian County Regional Solid Waste Management District;
7. (7) ''Directors" means the members of the Board of Directors of the Sebastian County Regional Solid Waste Management District;
8. (8) "District'' means the Sebastian County Regional Solid Waste Management District, which includes Sebastian County and all municipalities and unincorporated areas within the county;

9. (9) "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;
10. (10) ''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;
11. (11) "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;
12. (12) "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);
13. (13) "Solid waste disposal facility" means any landfill as defined by the Division of Environmental Quality;
14. (14) "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;

15. (15)

    1. (A)

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

    2. (B) “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.

    3. (C) 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, Solid Waste Management Rules, 8 CAR pt. 60; and
       2. (ii) Type II haulers are those that haul only process waste and special materials as identified in ADEQ Regulation 22.202;
16. (16) "Solid waste material recovery facility" means a facility defined as requiring a solid waste recovery facility permit by Arkansas Pollution Control and Ecology Commission, Solid Waste Management Rules, 8 CAR pt. 60;
17. (17) "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; and
18. (18) "Type S composting facility" means a facility defined as requiring a Type S composting permit under 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.