Arkansas Administrative Code › Agency 186 - Sebastian County Regional Solid Waste Management District › Rule 186.00.07-001 - Administrative & Procedural Regulations and Enforcement Program Regulations

Current through Register Vol. 49, No. 6, June, 2024
CHAPTER A:
PRACTICES AND PROCEDURES
Subchapter 1
General.
§ 1.01 Purpose and Authority
The purpose of this regulation is to assure the proper management of solid waste generated within the District; or generated outside the District, and brought to a processing, transfer, material recycling or disposal facility within the solid waste service area of the District.
The rules and regulations adopted and contained herein, and the enforcement thereof by the District, are designed and intended to provide minimum standards for the protection of the health and welfare of the public and making sure that the environment is not polluted and to prevent the creation or maintenance of unhealthful, unsanitary conditions or public health nuisances, and shall be liberally construed to accomplish these purposes.
Arkansas Code Annotated §
										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 Administration
The Director of the District shall administer, implement and enforce the provisions of this regulation.
§ 1.03 Definitions
For the purposes of Sebastian County Regional Solid Waste Management District rules and regulations, the following definitions shall apply:
(a) "Administrative Procedure Act" means the Arkansas Administrative Procedure Act codified at Arkansas Code Annotated §§
										25-15-201 to 214, as amended from time to time.
(b) "ADEQ" means the Arkansas Department of Environmental Quality.
(c) "APC&EC" means the Arkansas Pollution Control and Ecology Commission.
(d) "Board" means the Sebastian County Regional Solid Waste Management Board.
(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) "Department" means the Arkansas Department of Environmental Quality.
(h) "Directors" means the members of the Board of Directors of the Sebastian County Regional Solid Waste Management Board.
(i) "District" means the Sebastian County Regional Solid Waste Management District. Jurisdiction and authority includes Sebastian County and all municipalities and unincorporated areas within the County.
(j) "Director" means the Director of the Sebastian County Regional Solid Waste Management District.
(k) "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 Subchapter 13 or other state or federal statutes, rules or regulations, or which constitute any one (1) of the following:
1) A nuisance that attracts pests or undesirable vectors such as mosquitoes, flies, bees, rodents, or any vermin;
2) A fire, health, or safety hazard;
3) A potential source of surface and/or groundwater contamination; or
4) Other contamination that is hazardous to the public health or endangers the environment.
(I) "Illegal dumping of solid waste" means the illegal placing, depositing, dumping, or causing to be placed, deposited, or dumped by any person any solid waste that is prohibited by these regulations:
1) In or upon any public or private highway or road, including any portion of the right-of-way thereof;
2) In or upon any private property into or upon which the public is admitted by easement or license or any private property;
3) In or upon any public park or other public property, other than the property designated or set aside for such purpose by the governing board or body having charge thereof; or
4) Upon any property for which an appropriate permit has not been issued by the Arkansas Department of Environmental Quality.
(m) "LandfiH" means a facility requiring a landfill permit as defined by APC&EC Regulation 22.
(n) "Material Recovery Facility" means a facility, not subject to permitting requirements under APC&EC Regulation 22, which is engaged in the storage, processing and resale of recovered materials and receives source-separated recyclable materials.
(o) "Permit" means to grant license in by legal means to perform specific operations as granted by the proper regulatory control authority through either a legal document (individual permit) or by regulation (general permit) or by other means deemed appropriate.
(p) "Person" means any individual, partnership, corporation, association, or public or private organization of any character.
(q) "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.
(r) "Rulemaking Action" shall include any action by the District to adopt, amend or repeal any District Rule.
(s) "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). Recovered materials as defined by APC&EC Regulation 22.201 are not considered solid waste.
(t) "Solid Waste Disposal Facility" means any Class I or II sanitary landfill as defined by the Arkansas Department of Environmental Quality.
(u) "Solid Waste Facility" means any facility which holds or should hold a facility permit issued by the Solid Waste Division of ADEQ.
(v) "Solid Waste Hauler" - A Solid Waste Hauler is any person engaged in the collection and/or transportation for disposal or storage of solid wastes. Any person transporting waste more than five times a year is a Solid Waste Hauler, unless exempted below. Solid Waste Hauler does not include a person transporting their personal household wastes to a permitted facility. Solid Waste Hauler does not include a person hauling only waste tires. Solid Waste Hauler does not include a person transporting solid waste from an industrial facility to its own Class 3 landfill. There are two types of Solid Waste Haulers:
1) Type I Haulers are those that haul all categories of nonhazardous solid wastes as identified in APC&EC Regulation 22.203;
2) Type II Haulers are those that haul only Class 4 wastes as identified in APC&EC Regulation 22.203.
(w) "Solid Waste Material Recovery Facility" means a facility defined as requiring a Solid Waste Material Recovery Facility permit by APC&EC Regulation 22.
(x) "Solid Waste Services Area" means Solid Waste Services Area as described in the Regional Solid Waste Management District and Boards Act, Arkansas Code Annotated §
										8-6-701
et seq.
(y) "Transfer Station" means a facility defined as requiring a Transfer Station permit by APC&EC Regulation 22.
§ 1.04 Authority to Enforce Other Regulations
For the purposes of providing intergovernmental support to all governmental jurisdictions within the District, the District shall be empowered to act as a legal agent or representative on behalf of any legally recognized federal, state, county or city or any other local jurisdiction or special governmental entity within the District. Authority to the District shall be provided by means of a duly processed and authorized letter, or by an intergovernmental agreement, identifying all such specific and/or general powers given to the District.
The Director is provided authority to act as the legal representative of the District to enter into agreement and to accept delegated authority or primacy for the District and to direct resources to enforce such delegated authority.