Arkansas Administrative Code › Agency 118 - DEPARTMENT OF ENERGY AND ENVIRONMENT › Division 01 - Arkansas Pollution Control and Ecology Commission › Rule 118.01.21-021 - Rule 34, "State Water Permit Rule"

Current through Register Vol. 49, No. 6, June, 2024
RULE NO.
			 34 State Water Permit Rule
Chapter
			 1
GENERAL PROVISIONS
Rule
			 34.101
Purpose
It is the purpose of this rule 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.
Rule 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 Rule No. 34.
Rule
			 34.103
Scope
This rule 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 rule does not apply to liquid animal waste management
				systems regulated under APC&EC Rule 5 or underground injection control
				(UIC) facilities regulated under APC&EC Rule 17 or Class II UIC wells
				permitted by the Oil and Gas Commission. This rule also does not apply to
				storage or disposal systems permitted under APC&EC Rule 1 or Rule 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.
Rule
			 34.104
Definitions
The following definitions apply to this Rule:
"DEQ"
or
"Division"
means the
				Division of Environmental Quality, or its successor.
"
Commission
" means the Arkansas Pollution Control
				and Ecology Commission.
"Director"
means the Director of the Division 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
				rule.
"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 decisionmaking
				responsibility over the operation of a facility or activity. The operator is
				responsible for ensuring compliance with all applicable environmental rules and
				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.