Arkansas Administrative Code › Agency 207 - Benton County Regional Solid Waste Management District › Rule 207.00.05-001 - Rules of the Benton County Regional Solid Waste Management District

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(6)
			 authorizes regional solid waste management boards to adopt such rules or
			 regulations 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 regulations, 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) "Adjudicatory Action" means an action
		  taken by the District to assess a penalty; suspend, revoke or deny a license or
		  permit, or other punitive action against another person, with the exception of
		  the denial of a Certificate of Need.
(d) "Board" means the Board of Directors of
		  the Benton County Regional Solid Waste Management 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 Benton County Regional Solid Waste Management
		  District.
(h) "District" means the
		  Benton County Regional Solid Waste Management District, which includes all of
		  Benton County and the municipalities within the county.
(i) "Director" means the Director of the
		  Benton County Regional Solid Management 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 and 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 II 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.