Arkansas Administrative Code › Agency 014 - Pollution Control and Ecology Commission › Regulation 27 - Licensing of Operators of Solid Waste Management Facilities and Illegal Dumps Control Officers (#014.00-027) › Rule 014.00.16-002

Current through Register Vol. 49, No. 6, June, 2024
CHAPTER 1
:
			 PRELIMINARY PROVISIONS
Reg.27.101
Purpose
To establish the training, classification, qualifications, and
				licensing of operators of solid waste management facilities and illegal dumps
				control officers and for other purposes.
Reg.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 ("Acts") authorizes the Arkansas
Pollution Control and Ecology Commission ("Commission") to
				adopt rules and regulations necessary for the Arkansas Department of
				Environmental Quality ("Department") to implement and effectuate the powers and
				duties of the Commission as established under the Acts.
Reg.27.103
Definitions
The following terms shall have the same meaning when used in
				this regulation as established by the Acts unless the context otherwise
				requires:
Commission
means the Arkansas Pollution Control and
				Ecology Commission;
Department
means the Department of Environmental
				Quality, or its successor.
Director
means the Director of the Department of
				Environmental Quality or the Director's delegated representative;
Illegal Dump
means any place at which solid waste
				is placed, deposited, abandoned, dumped, or otherwise disposed of in a manner
				that is prohibited by state statutes, rules, or regulations, and which
				constitutes one (1) of and/or any of the following:
(A) Attractive nuisance; (B) Fire, health, or safety hazard;
				(C) Potential sources of surface and/or groundwater contamination; or (D) Other
				contamination that is hazardous to the public health or endangers the
				environment;
Illegal Dumps Control Officer
means an individual
				employed by a duly authorized regional solid waste management district within
				this state, a county government within this state, or a pollution control
				inspector or other authorized representative of the Arkansas Department of
				Environmental Quality, who is empowered to insure compliance with any state law
				prohibiting the illegal dumping of solid waste;
Licensing Committee
means the committee of solid
				waste management facility managers, operators, or technicians hereinafter
				established to assist and advise the Commission and the Department in the
				examining and licensing of operators of solid waste management facilities and
				illegal dumps control officers;
License
means a certificate of competency issued by
				the Director to solid waste management facility operators and illegal dumps
				control officers who have met the requirements of the licensing program;
Operator
means any person who performs any
				operation 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
				regulation, 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 regulation;
Solid Waste Disposal Facility
means any place at
				which solid waste is dumped, abandoned, or accepted or disposed of for final
				disposition by incineration, landfilling, 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 regulation; 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 regulation, 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 and regulations which are not also
				regulated pursuant to solid waste rules and regulations.