Arkansas Administrative Code › Agency 014 - Pollution Control and Ecology Commission › Regulation 34 - State Water Permit Regulation - Construction, modification, and operation of pits used for the storage, treatment, or discharge of fluids associated with oil and natural gas well activities (#014.00-034) › Rule 014.00.10-009

Current through Register Vol. 49, No. 6, June, 2024
Chapter 1
:
			 GENERAL PROVISIONS
Reg.34.101
Purpose
It is the purpose of this regulation to adopt standards
				applicable to the storage, discharge, or disposal of any waste which, if
				unregulated, will cause pollution of waters of the state or result in wastes
				being placed in a location where it is likely to cause pollution of the waters
				of the state. These standards are intended to protect public health and the
				environment, and prevent, control, or abate pollution.
Reg.34.102
Authority
Pursuant to the Arkansas Water and Air Pollution Control Act,
				Ark. Code Ann. §
										8-4-101
et
				seq
. (hereinafter "the Act"), the Arkansas Pollution Control and
				Ecology Commission (hereinafter the "Commission" or "APC&EC") hereby
				promulgates this Regulation No. 34.
Reg.34.103
Scope
This regulation applies to all persons proposing to construct,
				alter, extend, or operate any storage, discharge, or disposal system that does
				not discharge directly to waters of the state, and the operation of which, if
				unregulated, will cause pollution of waters of the state or result in wastes
				being placed in a location where it is likely to cause pollution of the waters
				of the state. This regulation does not apply to liquid animal waste management
				systems regulated under APC&EC Regulation 5 or underground injection
				control (UIC) facilities regulated under APC&EC Regulation 17 or Class II
				UIC wells permitted by the Arkansas Oil and Gas Commission. This regulation
				also does not apply to storage or disposal systems permitted under APC&EC
				Regulation 1 or Regulation 4 or to storage, discharge, or disposal systems
				which have been issued any NPDES permit other than a stormwater permit or to
				septic systems regulated by the Arkansas Department of Health.
Reg.34.104
Definitions
The following definitions apply to this Regulation:
"ADEQ"
or
"Department"
means the
				Arkansas Department of Environmental Quality, or its successor.
"Commission"
means the Arkansas Pollution Control
				and Ecology Commission.
"Director"
means the Director of the Arkansas
				Department of Environmental Quality, or his or her designee, unless the context
				dictates otherwise.
"Discharge"
means a discharge of any wastes in any
				manner which directly or indirectly permits such wastes to reach any of the
				waters of the state.
"Disposal"
means the final use of waste,
				including, but not limited to, surface disposal, subsurface disposal, transport
				to a recycling or reuse facility, or placement in a landfill, incinerator, or
				injection well.
"Facility"
or "system" means any site (including
				land or appurtenances thereto) or activity or operation that is subject to this
				regulation.
"Industrial Waste"
means any liquid, gaseous, or
				solid waste substance resulting from any process of industry, mining,
				manufacturing, trade, or business or from the development of any natural
				resources.
"Owner" or "Operator"
means any person (an
				individual, association, partnership, corporation, municipality, state or
				federal agency) who has the primary management and ultimate decision-making
				responsibility over the operation of a facility or activity. The operator is
				responsible for ensuring compliance with all applicable environmental
				regulations and conditions.
"Other Wastes"
means garbage, municipal refuse,
				decayed wood, sawdust, shavings, bark, lime, sand, ashes, offal, oil, tar
				chemicals, and all other organic or inorganic substances, not including sewage
				or industrial waste which may be discharged into the wasters of the state. "Any
				wastes" and "pollutants" include sewage, industrial wastes, or other
				wastes.
"Person"
means any state agency, municipality,
				governmental subdivision of the state or the United States, public or private
				corporation, individual, partnership, association, or any other entity.
"Sewage"
means the water-carried waste products
				from residences, public buildings, institutions, or other buildings, including
				excrementitious or other discharge from the bodies of humans or animals,
				together with such groundwater infiltration and surface water as may be
				present.
"Storage"
means holding wastes prior to disposal in
				an open pit or pond dug in the ground, in open tanks, or other open
				vessel.
"Waste"
means industrial waste, sewage, or other
				wastes.
"Waters of the State"
means all streams, lakes,
				marshes, ponds, watercourses, waterways, wells, springs, irrigation systems,
				drainage systems, and all other bodies or accumulations of water, surface and
				underground, natural or artificial, public or private, which are contained
				within, flow through, or border upon this state or any portion of the
				state.