Arkansas Administrative Code › Agency 097 - White River Regional Solid Waste Management District › Rule 097.00.18-001 - White River RSWMD Policies and Procedures

Current through Register Vol. 49, No. 6, June, 2024
CHAPTER
		  A:
ADMINISTRATIVE PRACTICES AND PROCEDURES
Subchapter 1
: General
§1.01
Authority
Arkansas Code Annotated §
										8-6-704(6)
			 authorizes regional solid waste management boards to adopt such rules or
			 regulations pursuant to the Arkansas Administrative Procedures Act, §
										25-15-201 et
			 seq., as are reasonably necessary to assure public notice and participation in
			 any finding or ruling of the board and to administer the duties of the
			 board.
The records of District activities, including any rule and
			 procedures adopted by the Board of Directors, shall be maintained at the
			 offices of the White River Regional Solid Waste Management District, P. O. Box
			 2396, 1652 White Drive, Batesville, AR 72501. These records shall be available
			 to any citizen during regular business hours and as defined by the Arkansas
			 Freedom of Information Act.
§1.02
Definitions
For the purpose of these regulations, the following definitions
			 shall apply:
1. "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.
2. "ADEQ" or "Department" means the Arkansas
		  Department of Environmental Quality.
3. "Board" means the Board of Directors of
		  the White River Regional Solid Waste Management District.
4. "Certificate of Need" means a certificate
		  issued by the Board to any person proposing to obtain a permit for a solid
		  waste facility.
5. "Certificate of
		  Need Review" means review of the application for a Certificate of Need by the
		  District.
6. "Class I waste" means
		  household, commercial, and industrial; and small quantities of conditionally
		  exempt hazardous waste.
7. "Class 3
		  waste" means non-hazardous commercial and industrial wastes that are permitted
		  by the Department to be disposed of in a Class 3 landfill.
8. "Class 4 waste" means bulky, inert,
		  non-putrescible wastes that do not degrade, or degrade very slowly. Class 4
		  wastes include construction and demolition wastes, appliances, furniture,
		  stumps, limbs and other bulky wastes that are not normally collected with other
		  household or commercial waste.
9.
		  "Commission" means the Arkansas Department of Pollution Control and Ecology
		  Commission
10. "District" means the
		  White River Regional Solid Waste Management District, which includes the
		  counties of Cleburne, Fulton, Independence, Izard, Jackson, Sharp, Stone, Van
		  Buren, White of Woodruff and the municipalities and unincorporated areas within
		  those counties.
11. "Director"
		  means the Director of the White River Regional Solid Waste Management
		  District.
12. "Hauler" means a
		  person engaged in the collection and/or transportation of solid waste, both
		  Class I and Class IV
,
whether full or part-time, for storage
		  and/or disposal. Hauler does not include a person transporting his/her own
		  household waste to a permitted facility or a homeowner transporting his/her own
		  Class IV waste to a permitted facility.
13. "Interested Persons" means any person who
		  notifies the District of their interest in being notified of District
		  activities and is on the District's mailing list.
14. "Interlocal Agreement" means an agreement
		  between the White River Regional Solid Waste Management Board and another solid
		  waste district board, acting under the provisions of Act 752 of 1991, that is
		  designed to coordinate and define the division of fees assessed and collected
		  as related to the movement and disposal of solid waste between the two
		  districts.
15. "Landfill" means a
		  permitted landfill under the Arkansas Solid Waste Management Act, Arkansas code
		  Annotated §
										8-6-201
et
		  seq.
As used herein, the term does not include, however, permitted
		  landfills where a private industry bears the expense of operating and
		  maintaining the landfill solely for the disposal of waste generated by the
		  industry or waste of a similar kind or character.
16. "Person" means any individual,
		  partnership, corporation, L.L.C.S., association, or other similar entity(ies)
		  or public or private organization of any character.
17. "Process waste" means solid waste
		  resulting from an industrial/manufacturing and/or processing
		  operation.
18. "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.
19. "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 material in irrigation return flows or industrial
		  discharges that are point sources subject to permit under
		  33 U.S. §
											1342, or source, special nuclear, or
		  by-products material as defined by the Atomic Energy Act of 1954, as amended
		  (68 Stat.923).
20. "Solid Waste
		  Facility" means a Landfill as defined in this section or Transfer Station as
		  defined in this section.
21.
		  "Transfer Station" means any facility used to manage the removal, compaction
		  and transfer of solid waste from collection vehicles and containers, and from
		  other private and commercial vehicles to greater capacity transport vehicles.
		  Transfer stations are not considered disposal facilities.