Arkansas Administrative Code › Agency 014 - Pollution Control and Ecology Commission › Division 13 - Division of Evironmental Quality › Rule 014.13.20-002 - Rule No 27, Licensing of Operators of Solid Waste Management Facilities And Environmental Officers; Docket No. 20-001-R MO 20-12

Current through Register Vol. 49, No. 6, June, 2024
Chapter 1:
PRELIMINARY
			 PROVISIONS
Rule 27.101
Purpose
To establish the training, classification, qualifications, and
				licensing of operators of solid waste management facilities and Environmental
				Officers and for other purposes.
Rule
			 27.102
Authority
Arkansas Code Annotated § 8-6-905(a) of Act 750 of 1991,
				as amended by Act 193 of 1995, Act 1207 of 1997, Act 1254 of 1997, and Act 728
				of 2005; and Arkansas Code Annotated § 8-6-2006 of Act 1067 of 2019
				("Acts") authorizes the Arkansas Pollution Control and Ecology Commission
				("Commission") to adopt rules necessary for the Arkansas Department of Energy
				and Environment, Division of Environmental Quality ("Division") to implement
				and effectuate the powers and duties of the Commission as established under the
				Acts.
Rule 27.103
Definitions
The following terms shall have the same meaning when used in
				this rule as established by the Acts unless the context otherwise
				requires:
Commission
means the Arkansas Pollution Control
				and Ecology Commission;
Division
means the Arkansas Department of Energy
				and Environment, Division of Environmental Quality, or its successor.
Director
means the Director of the Arkansas
				Department of Energy and Environment, Division of Environmental Quality or the
				Director's delegated representative;
Environmental Laws,
as used in this Rule, means
				laws codified at Ark. Code Ann. § 8-9-401
et seq.,
Ark.
				Code Ann. § 8-6-2005(1), Ark. Code Ann. § 8-6-2005(2), and Ark Code
				Ann. § 8-6-2005(3).
Environmental Officer
means an employee of a city,
				county, municipality, regional solid waste management district created under
				Ark. Code Ann. § 8-6-701
et seq.,
state agency, board, or
				commission who has:
(A) Completed all
			 applicable requirements under this Rule, including without limitation,
			 completing required training and passing the required examination, obtaining
			 certification, being sworn in, and maintaining certification through continuing
			 education; and
(B) By training and
			 certification as provided herein has been authorized to write citations for
			 violations of the Used Tire Recycling and Accountability Act, Ark. Code Ann.
			 § 8-9-401
et seq.,
violations of illegal dumping
			 prohibited under Ark. Code Ann. § 8-6-2005(1), violations concerning an
			 illegal dump site prohibited under Ark. Code Ann. § 8-6-2005(2) or
			 violations of solid waste disposal prohibited under Ark. Code Ann. §
			 8-6-2005(3); and
(C) Limited
			 authority to enter land to investigate and inspect as provided under Ark. Code
			 Ann. § 8-1-107 to enforce applicable environmental laws as limited to
			 those as defined above under the authority of the Arkansas Department of Energy
			 and Environment, Division of Environmental Quality;
Environmental violations,
as used in this Rule,
				means a violation of the Used Tire Recycling and Accountability Act, Ark. Code
				Ann. § 8-9-401
et seq,
a violation of Ark. Code Ann.
				§ 8-6-2005(1), a violation of Ark. Code Ann. § 8-6-2005(2); or a
				violation of Ark. Code Ann. § 8-6-2005(3).
Licensing Committee
means the committee of solid
				waste management facility managers, operators, or technicians hereinafter
				established to assist and advise the Commission and the Division in the
				examining and licensing of operators of solid waste management
				facilities;
License
means a certificate of competency issued
				by the Director to solid waste management facility operators and Environmental
				Officers who have met the requirements of their respective licensing program.
				Unless the Chapters or Sections of this Rule state otherwise, the terms
				"license" and "certificate" are used interchangeably in this Rule.
Operator
means any person who performs any action
				at a solid waste management facility requiring individual judgment which may
				directly affect the proper operation of the solid waste management facility.
				"Operator" shall not be deemed to include an official solely exercising general
				administrative supervision;
Operator In Training
means an employee of a solid
				waste management facility that has been issued an Apprenticeship (Level A)
				license by the Director;
Recovered Materials
means metal, paper, glass,
				plastic, textile, yard trimmings not destined for composting, or rubber
				materials which are not waste tires or waste tire residuals, that have known
				recycling potential, can be feasibly recycled, and have been diverted and
				source separated or have been removed from the solid waste stream for sale,
				use, or reuse as raw materials, whether or not the materials require subsequent
				processing or separation from each other, but does not include materials
				destined for any use that constitutes disposal. For the purpose of this rule,
				recovered materials as described above are not solid waste;
Sanitary Landfill
means any place for which a
				permit for disposal of solid waste on land is required under the provisions of
				this rule;
Solid Waste Disposal Facility
means any place at
				which solid waste is dumped, abandoned, or accepted or disposed of for final
				disposition by incineration, land filling, composting or other method.
				Wastewater treatment plants permitted under the National Pollutant Discharge
				Elimination System (NPDES) and units at hazardous waste management facilities
				permitted under the Arkansas Hazardous Waste Management Act and Code shall not
				be deemed to be disposal sites or facilities for the purpose of this rule;
				and
Solid Waste Management Facility
means all
				contiguous land and structures, other appurtenances, and improvements on the
				land used for storage, collection, transportation, processing, treatment,
				and/or disposal of solid waste. For purposes of this rule, facilities solely
				engaged in the recycling of source separated recovered materials are excluded;
				also excluded are processes, operations and/or facilities that are regulated
				pursuant to hazardous waste rules which are not also regulated pursuant to
				solid waste rules.