Arkansas Administrative Code › Agency 118 - DEPARTMENT OF ENERGY AND ENVIRONMENT › Division 01 - Arkansas Pollution Control and Ecology Commission › Rule 118.01.22-001 - Rule 27, "Licensing of Operators of Solid Waste Management Facilities and Training and Certification Requirements for Environmental Officers"

Current through Register Vol. 49, No. 6, June, 2024
Chapter 1
:
			 PRELIMINARY PROVISIONS
Rule 27.101
Purpose
The purpose of this Rule is 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" or "APC&EC") 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 Chapter 6 of APC&EC Rule 18; laws codified at Ark. Code
				Ann. §
										8-9-401
et seq
., and laws codified in Chapter 6 of Title 8, including
				but not limited to, Ark. Code Ann. §
										8-6-201
et
				seq
., Ark. Code Ann. §
										8-6-2004, Ark. Code
				Ann. §
										8-6-2005(1),
				Ark. Code Ann. §
										8-6-2005(2),
				Ark Code Ann. §
										8-6-2005(3),
				and Ark Code Ann. §
										8-6-2005(4).
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 laws codified
			 at Chapter 6 of APC&EC Rule 18; laws codified at Ark. Code Ann. §
										8-9-401
et seq
., and laws codified in Chapter 6 of Title 8, including
			 but not limited to, Ark. Code Ann. §
										8-6-201
et
			 seq
., Ark. Code Ann. §
										8-6-2004, Ark. Code
			 Ann. §
										8-6-2005(1),
			 Ark. Code Ann. §
										8-6-2005(2),
			 Ark. Code Ann. §
										8-6-2005(3),
			 and Ark Code Ann. §
										8-6-2005(4);
			 and
(C) Limited authority to enter
			 land to investigate and inspect as provided under Ark. Code Ann. §
			 8-1-2001
et seq
.;
Environmental violations
, as used in this Rule,
				means a violation of laws codified at Chapter 6 of APC&EC Rule 18; laws
				codified at Ark. Code Ann. §
											8-9-401
et seq.
, and laws codified in Chapter 6 of Title 8, including
				but not limited to, Ark. Code Ann. §
											8-6-201
et
				seq
., Ark. Code Ann. §
											8-6-2004, Ark. Code
				Ann. §
											8-6-2005(1),
				Ark. Code Ann. §
											8-6-2005(2),
				Ark Code Ann. §
											8-6-2005(3),
				and Ark Code Ann. §
											8-6-2005(4).
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, 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 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
.