Arkansas Administrative Code › Agency 218 - Boston Mountain Solid Waste District › Rule 218.00.23-001 - Update to the waste assessment fee and creation of landfill diversion fund

Current through Register Vol. 49, No. 6, June, 2024
CHAPTER A:
PRACTICES AND PROCEDURES
Subchapter
  1
General.
§
  1.01 Authority
Ark. Code Ann. §
										8-6-704  authorizes regional solid waste
	 management boards to adopt such rules pursuant to the Arkansas Administrative
	 Procedure Act, §
										25-15-201
et seq.
, as are reasonably
	 necessary to assure public notice and participation in any findings or rulings
	 of the board and to administer the duties of the board.
§ 1.02 Definitions
For the purposes of these rules, the following definitions shall
	 apply:
(a) "Administrative Procedure
  Act" means the Arkansas Administrative Procedure Act codified at Ark. Code Ann.
  §§
										25-15-201  to 214, as amended from time to time.
(b) "ADEQ" or "Department" means the Arkansas
  Department of Environmental Quality.
(c) "Administrative Order" means the written
  finding of the District which proposes to assess a penalty, suspend, revoke or
  deny a license or permit, or to take other action against a person which grants
  that person a right to request a hearing pursuant to these Rules, other than
  the denial of a Certificate of Need.
(d) "Board" means the Board of Directors of
  the Boston Mountain Solid Waste District.
(e) "Class S Composting Facility" means a
  facility defined as requiring a Class S Composting Permit under ADEQ Regulation
  22.
(f) "Commission" means the
  Arkansas Pollution Control & Ecology Commission.
(g) "Directors" means the members of the
  Board of Directors of the Boston Mountain Solid Waste District.
(h) "District" means the Boston Mountain
  Solid Waste District, which includes the counties of: Madison and Washington,
  and the municipalities within these counties.
(i) "Director" means the Director of the
  Boston Mountain Solid Waste District.
(j) "Person" means any individual,
  partnership, corporation, association, or public or private organization of any
  character.
(k) "Rule" means any
  District regulation 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 District.
(l) "Rulemaking Action" shall include any
  action by the District to adopt, amend or repeal a District Rule.
(m) "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 materials 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 by-products material as defined by
  the Atomic Energy Act of 1954, as amended (68 Stat. 923).
(n) "Solid Waste Disposal Facility" means any
  Class I or Class IV sanitary landfill as defined by the Arkansas Department of
  Environmental Quality.
(o) "Solid
  Waste Facility" means any facility which holds or should hold a facility permit
  issued by the Solid Waste Division of ADEQ.
(p) "Solid Waste Material Recovery Facility"
  means a facility defined as requiring a Solid Waste Material Recovery Facility
  permit by ADEQ Regulation 22.
(q)
  "Transfer Station" means a facility defined as requiring a Transfer Station
  permit by ADEQ Regulation 22.