Arkansas Administrative Code › Agency 231 - Northwest Arkansas Regional Solid Waste Management District › Rule 231.00.18-001 - Rules, Regulations and Administrative Practices and Procedures

Current through Register Vol. 49, No. 6, June, 2024
CHAPTER A:
ADMINISTRATIVE PRACTICES AND PROCEDURES
Subchapter
		  1.
Authority and Definitions
§ 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 pubic [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 Northwest Arkansas Economic Development District, P.O. Box 190,
			 818 Highway 62-65-412 North, Harrison, AR. 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 Northwest Arkansas 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 permtted
		  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
		  waste 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
		  Northwest Arkansas Regional Solid Waste Management District, which include the
		  counties of Baxter, Boone, Marion, Newton, and Searcy and the municipalities
		  and unincorporated areas within those counties.
11. "Director" means the Director of the
		  Northwest Arkansas 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. "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.
15. "Person" means any individual,
		  partnership, corporation, association, or pubic [public] or private
		  organization of any character.
16.
		  "Process waste" means solid waste resulting from an industrial/manufacturing
		  and/or processing operation.
17.
		  "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.
18. "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.C. §
											1342, or source, special nuclear, or
		  by-products material as defined by the Atomic Energy Act of 1954, as amended
		  (68 Stat.923).
19. "Solid Waste
		  Facility" means a Landfill as defined in this Subchapter or Transfer Station as
		  defined in this Subchapter.
20.
		  "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 a greater capacity transport vehicles.
		  Transfer stations are not considered disposal facilities.