Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 6 - DISPOSAL OF SOLID WASTES AND OTHER REFUSE (§§ 8-6-201 — 8-6-2019) › Subchapter 2 - SOLID WASTE MANAGEMENT ACT (§§ 8-6-201 — 8-6-223) › Section 8-6-203 - Definitions

As used in this subchapter:
(1)
(A)
"Advanced plastic recycling" means a manufacturing process for the conversion of post-use polymers and recovered feedstocks into basic hydrocarbon raw materials, feedstocks, chemicals, and other products, as well as mechanical recycling and not used as a substitute for energy production, including without limitation the following:
(i)
Monomers;
(ii)
Oligomers;
(iii)
Plastics;
(iv)
Plastics and chemical feedstocks;
(v)
Basic and unfinished chemicals;
(vi)
Naphtha;
(vii)
Waxes;
(viii)
Lubricants;
(ix)
Coatings; and
(x)
Other basic hydrocarbons.
(B)
"Advanced plastic recycling" includes the use of the following processes:
(i)
Pyrolysis;
(ii)
Gasification;
(iii)
Depolymerization;
(iv)
Catalytic cracking;
(v)
Reforming;
(vi)
Hydrogenation;
(vii)
Solvolysis;
(viii)
Mechanical recycling; and
(ix)
Other similar technologies.
(C)
"Advanced plastic recycling" does not include the conversion of post-use polymers and recovered feedstocks into fuel or fuel substitutes for use in energy production;
(2)
"Advanced recycling facility" means a manufacturing facility that receives, stores, and converts the post-use polymers and recovered feedstocks that the facility receives using advanced plastic recycling and that is subject to applicable manufacturing regulations for air, water, waste, and land use;
(3)
"Depolymerization" means a manufacturing process in which post-use polymers are broken into smaller molecules, including without limitation monomers and oligomers or raw, intermediate, or final products, plastics and chemical feedstocks, basic and unfinished chemicals, crude oil, naphtha, liquid transportation fuels, waxes, lubricants, coatings, and other basic hydrocarbons;
(4)
"Disposal site" means any place at which solid waste is dumped, abandoned, or accepted or disposed of for final disposition by incineration, landfilling, composting, or any other method;
(5)
"Gasification" means a manufacturing process through which recovered feedstocks are heated and converted into a fuel and gas mixture in an oxygen-deficient atmosphere, and the mixture is converted into valuable raw materials and intermediate and final products, including without limitation plastic monomers, chemicals, waxes, lubricants, chemical feedstocks, crude oil, diesel, gasoline, diesel and gasoline blendstocks, and home heating oil and other fuels, including without limitation ethanol and transportation fuel, that are returned to economic utility in the form of raw materials, products, or fuels;
(6)
(A)
"Hazardous waste" means any waste or combination of wastes of a solid, liquid, contained gaseous, or semisolid form that, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may in the judgment of the Division of Environmental Quality:
(i)
Cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or
(ii)
Pose a substantial present or potential hazard to human health or the environment if improperly treated, stored, transported, or disposed of, or otherwise improperly managed.
(B)
"Hazardous waste" includes without limitation waste that:
(i)
Is radioactive;
(ii)
Is toxic;
(iii)
Is corrosive;
(iv)
Is flammable;
(v)
Is an irritant or a strong sensitizer; or
(vi)
Generates pressure through decomposition, heat, or other means;
(7)
"Household" means a single or multiple residence, hotel or motel, bunkhouse, ranger station, crew quarters, campground, picnic ground, and day-use recreation area;
(8)
(A)
"Household hazardous waste" means any hazardous waste derived from a household that is no longer under the control of the household.
(B)
"Household hazardous waste" includes without limitation:
(i)
Household cleaners;
(ii)
Gasoline;
(iii)
Paint, paint strippers, and paint thinners;
(iv)
Motor oil; and
(v)
Herbicides and pesticides, excluding antimicrobial and disinfectant products;
(9)
(A)
"Household hazardous waste storage or processing center" means a facility that stores, accumulates, or processes household hazardous waste.
(B)
"Household hazardous waste storage or processing center" does not include:
(i)
Hazardous waste treatment, storage, and disposal facilities permitted by the division under the Resource Conservation and Recovery Act of 1976,
42 U.S.C. § 6901
et seq.;
(ii)
Facilities with an agriculture exemption under §
8-6-2019
; or
(iii)
De minimis amounts of household hazardous waste that have not been removed from the municipal solid waste stream;
(10)
(A)
"Mechanical recycling" means the series of activities by which discarded materials are collected, sorted, processed, and converted into raw materials and used in the production of new products.
(B)
"Mechanical recycling" does not include the use of discarded materials:
(i)
As a fuel; or
(ii)
For energy production;
(11)
(A)
"Mill scale and slag" means byproducts that are a result of the steel manufacturing process that are managed as items of value in a controlled manner and used in a manner of beneficial reuse.
(B)
"Mill scale and slag" does not include byproducts that are a result of the steel manufacturing process that would otherwise qualify as hazardous waste or that are determined to be discarded materials;
(12)
"Municipality" means a city of the first class, a city of the second class, or an incorporated town;
(13)
"Person" means any individual, corporation, company, firm, partnership, association, trust, state agency, government instrumentality or agency, institution, county, city, town, municipal authority or trust, venture, or other legal entity, however organized;
(14)
(A)
"Pesticide" means a substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest or for use as a plant regulator, defoliant, or desiccant.
(B)
"Pesticide" does not include:
(i)
A new animal drug as defined in
21 U.S.C. § 321(v)
;
(ii)
An animal drug that has been determined by regulation of the Secretary of the United States Department of Health and Human Services not to be a new animal drug; or
(iii)
An animal feed as defined in
21 U.S.C. § 321(w)
;
(15)
(A)
"Post-use polymer" means a plastic that is managed as an item of value in a controlled manner and used in advanced plastic recycling and is:
(i)
Derived from industrial, commercial, agricultural, or domestic activities;
(ii)
Not mixed with solid waste or hazardous waste on-site or during processing;
(iii)
Used or intended to be used as a feedstock for the manufacturing of crude oil, fuels, feedstocks, blendstocks, raw materials, or other intermediate products or final products; and
(iv)
Sorted from solid waste and other regulated waste prior to use that may contain residual amounts of solid waste such as organic material and incidental contaminants or impurities such as paper labels and metal rings.
(B)
"Post-use polymer" does not mean materials that:
(i)
Would otherwise qualify as hazardous waste; or
(ii)
Are determined to be discarded materials;
(16)
"Pyrolysis" means a manufacturing process through which post-use polymers are heated in the absence of oxygen until melted and thermally decomposed and are then cooled, condensed, and converted into valuable raw materials and intermediate and final products, including without limitation plastic monomers, chemicals, waxes, lubricants, chemical feedstocks, crude oil, diesel, gasoline and diesel and gasoline blendstocks, and home heating oil and other fuels, including ethanol and transportation fuel, that are returned to economic utility in the form of raw materials, products, or fuels;
(17)
(A)
"Recovered feedstock" means one (1) or more of the following materials that are managed as an item of value in a controlled manner and used in advanced plastic recycling:
(i)
Post-use polymer; or
(ii)
Material for which the United States Environmental Protection Agency or the Division of Environmental Quality has made a nonwaste determination pursuant to
40 C.F.R. § 241.3(c)
, as it existed on January 1, 2021, or has otherwise determined is feedstock for advanced plastic recycling and not solid waste.
(B)
"Recovered feedstock" does not mean:
(i)
Unprocessed municipal solid waste;
(ii)
Feedstock materials mixed with solid waste or hazardous waste;
(iii)
Materials that would otherwise qualify as hazardous waste; or
(iv)
Materials that are determined to be discarded materials;
(18)
(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.
(B)
"Solid waste" does not include:
(i)
Solid or dissolved materials in domestic sewage;
(ii)
Solid or dissolved materials in irrigation return flows or industrial discharges that are point sources subject to permit under
33 U.S.C. § 1342
;
(iii)
Source material, special nuclear material, or byproduct material as defined by the Atomic Energy Act of 1954,
42 U.S.C. § 2011
et seq.;
(iv)
Mill scale and slag; or
(v)
Post-use polymers and recovered feedstocks;
(19)
"Solid waste board" or "board" means a regional solid waste management board or a solid waste service area board, or its successor, created under §
8-6-701
et seq.;
(20)
"Solid waste management system" means the entire process of source reduction, storage, collection, transportation, processing, waste minimization, recycling, and disposal of solid wastes by any person engaging in the process as a business or by any municipality, authority, trust, county, or by any combination of a municipality, authority, trust, or county;
(21)
(A)
"Solvolysis" means a manufacturing process through which post-use polymers are reacted with the aid of solvents while heated at low temperatures or pressurized to make useful products, including without limitation monomers, intermediates, and valuable raw materials, while allowing additives and contaminants to be separated.
(B)
"Solvolysis" includes without limitation hydrolysis, aminolysis, ammonoloysis, methanolysis, and glycolysis; and
(22)
"Transfer station" means a facility that is used to manage the removal, compaction, and transfer of solid waste from collection vehicles and other small vehicles to greater capacity transport vehicles.
Amended by Act 2021, No. 1095,§ 3, eff. 7/28/2021.
Amended by Act 2021, No. 1095,§ 2, eff. 7/28/2021.
Amended by Act 2021, No. 74,§ 2, eff. 7/28/2021.
Amended by Act 2021, No. 74,§ 1, eff. 7/28/2021.
Amended by Act 2019, No. 1067,§ 2, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 2590, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 2589, eff. 7/1/2019.
Amended by Act 2013, No. 1127,§ 6, eff. 8/16/2013.
Amended by Act 2013, No. 1127,§ 5, eff. 8/16/2013.
Acts 1971, No. 237, § 3; A.S.A. 1947, § 82-2703; Acts 1991, No. 751, §§ 1, 2; 1995, No. 547, § 1; 1999, No. 1164, § 61; 2011, No. 1153, § 1.