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

1. (1) “ADEQ” or “division” means the Division of Environmental Quality;
2. (2) “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. (3) “Board” means the Board of Directors of the White River Regional Solid Waste Management District;
4. (4) “Certificate of need” means a certificate issued by the Board of Directors of the White River 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 by the White River Regional Solid Waste Management District;
6. (6) “Class 1 waste” means household, commercial, and industrial, and small quantities of conditionally exempt hazardous waste;
7. (7) “Class 3 waste” means nonhazardous commercial and industrial wastes that are permitted by the Division of Environmental Quality to be disposed of in a Class 3 landfill;

8. (8)

   1. (A) “Class 4 waste” means bulky, inert, nonputrescible wastes that do not degrade, or degrade very slowly.
   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 or commercial waste;
9. (9) “Commission” means the Arkansas Pollution Control and Ecology Commission;
10. (10) “Director” means the Director of the White River Regional Solid Waste Management District;

11. (11) “District” means the White River Regional Solid Waste Management District, which includes the:

    1. (A) Counties of:

       1. (i) Cleburne;
       2. (ii) Fulton;
       3. (iii) Independence;
       4. (iv) Izard;
       5. (v) Jackson;
       6. (vi) Sharp;
       7. (vii) Stone;
       8. (viii) Van Buren;
       9. (ix) White; and
       10. (x) Woodruff; and
    2. (B) Municipalities and unincorporated areas within those counties;

12. (12)

    1. (A) “Hauler” means a person engaged in the collection and/or transportation of solid waste, both Class 1 and Class 4, whether full or part-time, for storage and/or disposal.

    2. (B) “Hauler” does not include a:

       1. (i) Person transporting his or her own household waste to a permitted facility; or facility;
       2. (ii) Homeowner transporting his or her own Class 4 waste to a permitted facility;

13. (13) “Interested persons” means any person who:

    1. (A) Notifies the White River Regional Solid Waste Management District of their interest in being notified of White River Regional Solid Waste Management District activities; and
    2. (B) Is on the White River Regional Solid Waste Management District’s mailing list;
14. (14) “Interlocal agreement” means an agreement between the Board of Directors of the White River Regional Solid Waste Management District and another solid waste district board, acting under the provisions of Acts 1991, No. 752, that is designed to coordinate and define the division of fees assessed and collected as related to the movement and disposal of solid waste between the two (2) districts;

15. (15)

    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, however, permitted 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 waste of a similar kind or character;
16. (16) “Person” means any individual, partnership, corporation, L.L.C.S., association, or other similar entity or entities, or public or private organization of any character;
17. (17) “Process waste” means solid waste resulting from an industrial/manufacturing and/or processing operation;
18. (18) “Rule” means any White River 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 White River Regional Solid Waste Management District;
19. (19) “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 material 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);
20. (20) “Solid waste facility” means a landfill as defined in this section or transfer station as defined in this section; and

21. (21)

    1. (A) “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.
    2. (B) “Transfer stations” are not considered disposal facilities.

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