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 20 - ENVIRONMENTAL COMPLIANCE RESOURCE ACT (§§ 8-6-2001 — 8-6-2019) › Section 8-6-2003 - Definitions

(a)
To the extent that there is no conflict with the definitions in subsection (b) of this section, this subchapter incorporates and adopts the definitions of terms defined in this chapter.
(b)
As used in this subchapter:
(1)
"Alleged violator" means a person that has been issued an environmental citation under this subchapter by an environmental officer;
(2)
"Cost statement" means a verified written statement that accounts for the cost of solid waste removal or other remediation, including without limitation receipts, and establishes that:
(A)
The solid waste was removed from the location or the environmental violation at the location was otherwise remediated; and
(B)
The solid waste was properly disposed of at one (1) or more of the following facilities:
(i)
A permitted solid waste disposal facility;
(ii)
A permitted solid waste processing facility;
(iii)
A recycling center;
(iv)
A scrap yard that purchases iron, steel, aluminum, or other metals; or
(v)
Any other facility that the Division of Environmental Quality finds to be a proper disposal facility for the solid waste;
(3)
"Environmental officer" means an employee of a city, county, municipality, regional solid waste management district created under §
8-6-701
et seq., or state agency, board, or commission who has completed all requirements under this subchapter, including without limitation completing required training and passing the required examination, obtaining certification, being sworn in, and maintaining certification through continuing education;
(4)
"Environmental violation" means an act or omission that:
(A)
Is prohibited under §
8-6-2005
; or
(B)
Causes or results in the violation of a state law, rule, or order that is:
(i)
Designed to protect the public health, safety, or welfare; and
(ii)
Applicable to this subchapter under §
8-6-2004
;
(5)
"Illegal disposal of solid waste" or "illegal dumping of solid waste" means:
(A)
The illegal abandoning, depositing, releasing, dumping, spilling, leaking, or placing of any solid waste into or on any land or water so that the solid waste or any constituent of the solid waste may enter the environment or be emitted into the air or discharged into any waters of the state; or
(B)
Causing any solid waste to be abandoned, deposited, released, dumped, spilled, leaked, or placed into or on any land or water so that the solid waste or any constituent part of the solid waste may enter the environment or be emitted into the air or discharged into any waters of the state;
(6)
(A)
"Illegal dump site" means a place where solid waste is disposed of in a manner that is prohibited by this chapter.
(B)
"Illegal dump site" includes a place where one (1) or more of the following exists:
(i)
An attractive nuisance;
(ii)
A fire, health, or safety hazard;
(iii)
A potential source of surface or groundwater contamination;
(iv)
A waste tire site as defined in §
8-9-402
; or
(v)
Other contamination that is hazardous to the public health or endangers the environment; and
(7)
"Person" means an individual, municipality, other governmental entity, or other entity that is recognized by law with rights and duties.
Amended by Act 2021, No. 749,§ 2, eff. 7/28/2021.
Added by Act 2019, No. 1067,§ 1, eff. 7/24/2019.