Arkansas Administrative Code › Agency 118 - DEPARTMENT OF ENERGY AND ENVIRONMENT › Division 01 - Arkansas Pollution Control and Ecology Commission › Rule 118.01.21-014 - Rule 22, "Solid Waste Management Rules"

Current through Register Vol. 49, No. 6, June, 2024
RULE NO.22
SOLID WASTE MANAGEMENT RULES
Chapter 1
Preliminary Provisions
Rule 22.101
- Title
The following rules of the State of Arkansas, Pollution Control
				and Ecology Commission adopted pursuant to the Arkansas Solid Waste Management
				Act (Act 237 of 1971 as amended; Arkansas Code of 1987 Annotated §
											8-6-201 et seq.), shall be
				known as Rule Number 22 "Solid Waste Management" and referred to herein as Rule
				22.
Rule 22.102
-
			 Definitions
Unless otherwise noted, all terms contained in the rules are
				defined by their plain meaning. This section contains definitions for terms
				that appear throughout these rules; additional definitions may appear in the
				specific sections to which they apply. Except where noted otherwise, the term
				'may' is permissive and the term 'shall' is a directive or requirement. When
				used in the rules:
Active life
means the period of operation
				beginning with the initial receipt of solid waste and ending at completion of
				closure activities, but not including the post closure care period.
Active portion
means that part of a facility or
				unit that has received or is receiving wastes and has received only a six inch
				daily cover layer or a layer of approved alternative cover materials as
				required by Rule 22.413(a) and (b). The active portion does not include areas
				that have received the intermediate cover layer described in Rule 22.413(b) or
				that have been closed in accordance with the closure requirements of Rule
				22.1301 of this rule.
Airport
means public-use airport open to the
				public without prior permission and without restrictions within the physical
				capacities of available facilities.
Aquifer
means a geological formation, group of
				formations, or portion of a formation capable of yielding significant
				quantities of ground water to wells or springs. Significant quantities of
				ground water shall be a defined as an adequate amount of water to conduct all
				required analytical tests.
Areas susceptible to mass movement
means those
				areas of influence (i.e., areas characterized as having an active or
				substantial possibility of mass movement) where the movement of earth material
				at, beneath, or adjacent to the unit, because of natural or man-induced events,
				results in the downslope transport of soil and rock material by means of
				gravitational influence. Areas of mass movement include, but are not limited
				to, landslides, avalanches, debris slides and flows, soil fluction, block
				sliding, and rock fall.
Beneficial Fill
means materials for use in filling
				low areas, improving drainage or stabilizing slopes or embankments. However,
				placement of beneficial types of fill material into a prepared hole may not be
				considered 'beneficial,' but may constitute unpermitted disposal. Projects that
				incorporate the use of beneficial fill material shall generally be completed
				within less than 60 days.
Beneficial fill material includes asphalt, brick, concrete,
				ceramics, and uncontaminated soil or dirt. Additional materials may be
				considered by the Director on a case-by-case basis prior to initiation of fill
				activity. Nothing in this section is to preclude the use of recovered materials
				as cited in Rule 22.103 (i) and (j).
Bird hazard
means an increase in the likelihood of
				bird/aircraft collisions that may cause damage to the aircraft or injury to its
				occupants.
Class 1 wastes
means nonhazardous household,
				commercial, and industrial solid waste as defined herein; and small quantities
				of conditionally exempt hazardous wastes.
Class 3 wastes
means nonhazardous commercial,
				industrial and special solid wastes that are permitted by the Division to be
				disposed of in a Class 3 landfill.
Class 4 wastes
means nonhazardous, bulky, inert,
				nonputrescible solid wastes that do not degrade, or degrade very slowly and are
				permitted by the Division to be disposed of in a Class 4 landfill. Class 4
				wastes include construction and demolition wastes, appliances, furniture,
				stumps, limbs and other bulky wastes that are not normally collected with other
				household, commercial or industrial waste.
Commercial solid waste
means all types of solid
				waste generated by stores, offices, restaurants, warehouses, and other
				nonmanufacturing activities, excluding household and industrial waste.
Commission
means the Pollution Control and Ecology
				Commission of the State of Arkansas.
Composting
means the deliberate aerobic,
				biological decomposition of yard waste or other solid waste, resulting in a
				stable humus-like product.
Construction of permitted facilities or
				Construction
shall refer to activities for which regulatory design and
				construction standards are provided herein. Clearing and grubbing, ingress and
				egress roadways, storm water facilities, office and garage buildings, scales,
				electrical and water utilities, purchasing of rolling equipment, and site
				monitoring wells are not considered as construction of permitted landfill
				disposal facilities. However, the construction of the items listed above shall
				have no bearing on the approval or disapproval of an application, nor shall the
				construction activities relieve the applicant from meeting any design or
				construction requirements. The Initiation of Construction of permitted landfill
				disposal facilities does refer to the construction of clay liner system or
				composite liner system, leachate control and management systems.
The Initiation of Construction of other types of permitted
				solid waste management or processing facilities shall refer to any activities
				including and following the construction of footings or foundation.
Construction and Demolition (C&D) waste
means
				any and all material and debris that might result from the construction or
				demolition of any building or other manmade structure including but not limited
				to single and multi family dwellings, commercial buildings, road and highway
				construction and repair, remodeling and additions to existing structures and
				roofing. Materials may include (but are not limited to) dimensional lumber,
				roofing materials, bricks, concrete blocks, siding, gypsum (drywall), masonry,
				metal, cardboard, concrete with and without rebar, fill materials (including
				earth, gravel and stone), glass, and any other material that may be used in any
				construction project or may be salvaged from any demolition project.
Construction and Demolition Recycling Facility
				(C&DRF)
means a facility that provides for the extraction from mixed
				construction and demolition waste of recoverable materials..
Construction Quality Assurance
refers to the means
				and actions used to assure conformity of the liner and cover system component
				production and installation to the approved Construction Quality Assurance
				Plan.
Construction Quality Control means
those actions
				taken by manufacturers, fabricators, and/or installers to ensure that materials
				and workmanship meet the requirements of the approved Construction Quality
				Assurance Plan.
Contaminated soils
means those soils that have
				been physically, chemically, or biologically altered from their natural state.
				As used in this rule, a soil is contaminated if it has come into contact and/or
				mixed with some other substance such that the soil or substance and soil
				mixture is a threat to human health or the environment, and requires
				remediation, treatment, or disposal in accordance with these rules to mitigate
				such threats.
Division
means the Division of Environmental
				Quality of the State of Arkansas, or its successor, including the Director and
				Division Staff.
Destruction or adverse modification
means a direct
				or indirect alteration of critical habitat that appreciably diminishes the
				likelihood of the survival and recovery of threatened or endangered species
				using that habitat.
Director
means the Director of the Division of
				Environmental Quality or the Director's designee.
Director of an approved state
means the chief
				administrative officer of a State agency responsible for implementing the State
				municipal solid waste permit program or other system of prior approval that is
				deemed to be adequate by EPA under regulations published pursuant to section
				4005 of RCRA. "Director," the "State Director" and "Director of an approved
				State" shall have the same meaning.
Disease vectors
means any rodents, flies,
				mosquitoes, or other animals, including insects, capable of transmitting
				disease to humans.
Design Narrative
means that portion of the
				narrative that describes the design of the solid waste management
				facility.
Displacement
means the relative movement of any
				two sides of a fault measured in any direction.
Disposal
means abandoning, depositing, releasing,
				dumping, spilling, leaking, or placing of any solid waste into or on any land
				or water so that such solid waste or any constituent thereof may enter the
				environment or be emitted into the air or discharged into any water.
Disposal site or Disposal facility
means any place
				at which solid waste is dumped, abandoned, or accepted or disposed of for final
				disposition by incineration, landfilling or any other method. The operations of
				wastewater treatment facilities permitted under the National Pollutant
				Discharge Elimination System (NPDES), Underground Injection Control (UIC)
				program and hazardous waste management facilities permitted under the Arkansas
				Hazardous Waste Management Act (A.C.A. §
											8-7-201 et seq.) shall not
				be deemed to be disposal sites or facilities for the purposes of this
				Rule.
Endangered or threatened species
means any species
				listed as such pursuant to Section 4 of the Endangered Species Act.
Existing municipal solid waste landfill unit
means
				any municipal solid waste landfill unit that is receiving solid waste as of the
				appropriate compliance dates specified in Rule 22.103(f). Waste placement in
				existing units must be consistent with past operating practices or modified
				practices to ensure good management.
Facility
means all contiguous land and structures,
				other appurtenances, and improvements on the land used for the disposal,
				treatment or processing of solid waste.
Fault
means a fracture or a zone of fractures in
				any material along which strata on one side have been displaced with respect to
				that on the other side.
Floodplain
means the lowland and relatively flat
				areas adjoining inland and coastal waters, including flood-prone areas of
				offshore islands, that are inundated by the 100-year flood.
Gas condensate
means the liquid generated as a
				result of gas recovery processes at the landfill.
General Permit
means a single common permit issued
				by the Division following public notice and comment for a class of solid waste
				processing facility owners and operators. Eligible owners and operators may
				construct and operate under the terms of the general permit without obtaining
				an individual permit.
Ground water or groundwater
means water below the
				land surface in a zone of saturation.
Hauler
means a person engaged in the collection or
				transportation of solid waste for disposal, transfer or storage. Hauler does
				not include a person transporting non-commercial waste to a permitted
				facility.
Hazardous waste
means a hazardous waste as defined
				by Rule Number 23 of the Pollution Control and Ecology Commission.
Hazardous waste generated by conditionally exempt small
				quantity generators
means waste generated by persons meeting the
				criteria set forth at
				40 CFR
				261.5 as incorporated by reference in Rule
				Number 23 of the Pollution Control and Ecology Commission, or such lesser
				volumes as are identified by state rules that are in effect at the time of
				generation or storage of such waste.
Herbicide and pesticide container
means a spent
				container that has contained (a) any substance or mixture of substances
				intended for preventing, destroying, repelling, or mitigating any pests, (b)
				any substance or mixture of substances intended for use as a plant regulator,
				defoliant, desiccant, and (c) any substance or mixture of substances intended
				to be used as a spray adjuvant and not controlled by the Arkansas Hazardous
				Waste Management Act [A.C.A. §
											8-7-201 et seq.] and Rule
				Number 23 of the Pollution Control and Ecology Commission.
Highly toxic pesticide container
means a spent
				container that has contained any pesticide determined to be a highly toxic
				pesticide that under the authority of Section 25 (a)(2) of the Federal
				Insecticide, Fungicide, and Rodenticide Act (FIFRA) the Arkansas Hazardous
				Waste Management Act (A.C.A. §
											8-7-201 et seq.) and Rule
				Number 23 of the Pollution Control and Ecology Commission.
Holocene
means the most recent epoch of the
				Quaternary period, extending from the end of the Pleistocene Epoch to the
				present.
Household waste
means any solid waste (including
				garbage, trash, and sanitary waste in septic tanks) derived from households
				(including single and multiple residences, hotels and motels, bunkhouses,
				ranger stations, crew quarters, campgrounds, picnic grounds, and day-use
				recreation areas).
Incinerator ash
means any tangible residue
				resulting from the incineration of solid waste.
Individual permit
means a permit issued by the
				Director to a person as defined herein for the construction of a solid waste
				disposal or processing facility pursuant to the requirements of Rule 22.
Industrial solid waste
means solid waste generated
				as a result of manufacturing or industrial processes that is not a hazardous
				waste regulated under Subtitle C of RCRA or as defined by Rule Number 23,
				Sections 260.10 and 261.3, of the Pollution Control and Ecology Commission.
				Such waste may include, but is not limited to, waste resulting from the
				following manufacturing or industrial processes: Electric power generation;
				fertilizer/agricultural chemicals; food and related products/by-products;
				inorganic chemicals; iron and steel manufacturing; leather and leather
				products; nonferrous metals manufacturing/foundries; organic chemicals;
				plastics and resins manufacturing; pulp and paper industry; rubber and
				miscellaneous plastic products; stone, glass, clay, and concrete products;
				textile manufacturing; transportation equipment; and water treatment. This term
				does not include mining waste or oil and gas waste.
Infectious waste
means laboratory wastes,
				including pathological specimens (i.e., all tissues, specimens of blood
				elements, excreta and secretions obtained from patients and laboratory animals)
				and disposal fomites (any substance which may harbor or transmit pathogenic
				organisms) attendant thereto. It also means surgical operating room pathologic
				specimens and disposal fomites attendant thereto and similar disposal materials
				from out-patient areas and emergency rooms, including equipment, instruments,
				utensils and fomites of a disposal nature from the rooms of patients who are
				suspected to have or have been diagnosed as having a communicable disease and
				must, therefore, be isolated, as required by public health agencies.
Karst terrains
means areas where karst topography,
				with its characteristic surface and subterranean features, is developed as the
				result of dissolution of limestone, dolomite, or other soluble rock.
				Characteristic physiographic features present in karst terranes include, but
				are not limited to, sinkholes, sinking streams, caves, large springs, and blind
				valleys.
Land application unit
means an area where wastes
				are applied onto or incorporated into the soil surface (excluding manure
				spreading operations) for agricultural purposes or for treatment and
				disposal.
Landfill or landfill unit
means a discrete area of
				land or an excavation that is permitted by the Division under these rules and
				receives solid waste for disposal, and that is not a land application unit,
				surface impoundment, injection well or waste pile, as those terms are defined
				under
				40
				CFR 257.2.
Lateral expansion
means a horizontal expansion of
				the waste boundaries of an existing municipal solid waste landfill unit.
Leachate
means a liquid that has passed through or
				emerged from solid waste and contains soluble, suspended, or miscible materials
				removed from such waste.
Lithified earth material
means all rock, including
				all naturally occurring and naturally formed aggregates or masses of minerals
				or small particles of older rock that formed by crystallization of magma or by
				induration of loose sediments. This term does not include man-made materials,
				such as fill, concrete, and asphalt, or unconsolidated earth materials, soil,
				or regolith lying at or near the earth surface.
Liquid waste
means any waste material that is
				determined to contain "free liquids" as defined by Method 9095 (Paint Filter
				Liquids Test), as described in "Test Methods for Evaluating Solid Wastes,
				Physical/Chemical Methods" (EPA Pub. No. SW-846).
Material Recycling Facility or MRF
means a
				facility engaged solely in practices related to the management or diversion of
				source separated recoverable materials from the waste stream including storage,
				processing, marketing or reuse of recovered materials. Such term shall not
				include a solid waste recovery or handling facility provided; however, that any
				solid waste generated by such facility shall be subject to all applicable laws
				and rules relating to such solid waste.
Maximum horizontal acceleration in lithified earth
				material
means the maximum expected horizontal acceleration depicted on
				a seismic hazard map, with a 90 percent or greater probability that the
				acceleration will not be exceeded in 250 years, or the maximum expected
				horizontal acceleration based on a site-specific seismic risk
				assessment.
Medical waste
means a waste from health care
				related facilities which if improperly treated, handled or disposed of may
				serve to transmit an infectious disease(s) and as further defined by A.C.A.
				§
											20-32-101
				et seq.
Monofill
means a separately permitted landfill or
				landfill unit specifically designed and operated for the sole disposal of
				incinerator ash, sludge, tires, or other wastes where only a single type of
				waste is placed in the landfill unit.
Municipal solid waste landfill unit
means a
				discrete area of land or an excavation that receives household waste, and that
				is not a land application unit, surface impoundment, injection well, or waste
				pile, as those terms are defined under
				40
				CFR 257.2. A municipal solid waste landfill
				unit also may receive other types of RCRA subtitle D wastes, such as commercial
				solid waste, nonhazardous sludge, conditionally exempt small quantity generator
				waste and industrial solid waste. Such a landfill may be publicly or privately
				owned. A municipal solid waste landfill unit may be a new municipal solid waste
				landfill unit, an existing municipal solid waste landfill unit or a lateral
				expansion.
Municipality
means a city of the first class or
				city of the second class or an incorporated town.
Narrative
means the document or documents provided
				with the permit application that includes all written documentation required by
				the Division to evaluate the proposed design, construction, and operation of
				the solid waste management facility.
New municipal solid waste landfill unit
means any
				municipal solid waste landfill unit that has not received waste prior to the
				compliance dates specified in Rule 22.103(f).
One hundred (100) -year flood
means a flood that
				has a 1-percent or greater chance of recurring in any given year or a flood of
				a magnitude equaled or exceeded once in 100 years on the average over a
				significantly long period.
Open dump
means a site that has been used for the
				disposal of solid waste which is not a permitted solid waste disposal
				facility.
Open burning
means the combustion of solid waste
				without:
1. Control of combustion air
			 to maintain adequate temperature for efficient combustion,
2. Containment of the combustion reaction in
			 an enclosed device to provide sufficient residence time and mixing for complete
			 combustion, and
3. Control of the
			 emission of the combustion products.
Operating Plan and Narrative
means that portion of
				the narrative that describes the operating procedures of the solid waste
				management facility.
Operator
means, for the purposes of this rule, the
				person(s) responsible for the overall operation of a solid waste management
				facility or part of a facility. This definition shall not be construed to have
				the same meaning as a solid waste facility operator as defined and used in Rule
				Number 27, Licensing of Operators of Solid Waste Management Facilities and
				Illegal Dumps Control Officers.
Owner
means the person(s) who owns a solid waste
				management facility or part of a facility.
Person
means any individual, corporation, company,
				firm, partnership, association, trust, state agency, government instrumentality
				or agency, institution, county, city, town or municipal authority or trust,
				venture or other legal entity, however organized.
Petroleum contaminated soils
means those soils
				which have been physically, chemically or biologically altered by gasoline,
				diesel, kerosene, heating oil, jet fuel or any other petroleum product.
Poor foundation conditions
means those areas where
				features exist which indicate that a natural or man-induced event may result in
				inadequate foundation support for the structural components of a landfill
				unit.
Potentiometric surface
means the surface to which
				water in an aquifer would rise by hydrostatic pressure.
Practices
means the act or method of managing of
				solid waste.
Process Waste
means solid waste resulting from an
				industrial or manufacturing processing operation.
Putrescible wastes
means solid waste which
				contains organic matter capable of being decomposed by microorganisms and of
				such a character and proportion as to be capable of attracting or providing
				food for birds and other potential disease vectors.
Recovered Materials
includes but is not limited to
				metal, paper, glass, plastic, textile, yard trimmings, or rubber materials 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. Recovered materials
				as described above are not solid waste for purposes of this rule.
Recycling
means the systematic collection,
				sorting, decontaminating, and returning of waste materials to commerce as
				commodities for use or exchange by separating or diverting an item or items
				from the solid waste stream for the purpose of processing it or causing it to
				be processed into a material product, including compost, in order to provide
				for the final disposition of the material product in a manner other than
				landfilling or incineration.
Regional Solid Waste Management Board
means a
				Regional Solid Waste Management Board formed under A.C.A. §
											8-6-701
				et seq.
Regional Solid Waste Management District
means a
				Regional Solid Waste Management District formed under A.C.A. §
											8-6-701
				et seq.
Run-off
means any rainwater, leachate, or other
				liquid that drains over land from any part of a facility.
Run-on
means any rainwater, leachate, or other
				liquid that drains over land onto any part of a facility.
Safety
means practices designed to reduce or
				prevent injury or damage to the public or to the environment.
Salvage
means the approved, controlled removal of
				reusable material, but shall exclude food products and all other putrescible
				wastes.
Saturated zone
means that part of the earth's
				crust in which all voids are filled with water.
Scavenging
means the manual sorting and/or
				recovery of materials from the waste stream, either in the trucks, at the face
				of the fill, or in unconfined truck discharge areas by individuals not employed
				or associated with the landfill operation.
Seismic impact zone
means an area with a two
				percent (2%) or greater probability that the maximum horizontal acceleration in
				lithified earth material, expressed as a percentage of the earth's
				gravitational pull will exceed 0.10g in fifty (50) years.
Sludge
means any solid, semi-solid, or liquid
				waste generated from a municipal, commercial, or industrial wastewater
				treatment plant, water supply treatment plant, or air pollution control
				facility exclusive of the treated effluent from a wastewater treatment
				plant.
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, semi-solid, 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-product material as defined by the Atomic Energy Act of 1954, as amended (68
				Stat. 923).
Solid waste boundary
means the outermost perimeter
				of the solid waste (projected in the horizontal plane) as it would exist at
				completion of the disposal activity.
Solid waste management plan
means a plan developed
				according to the provisions of the Solid Waste Management Act, A.C.A. §
											8-6-201 et seq., and
				guidelines of the Division, and which is subject to approval by the
				Division.
Solid waste management system
means the entire
				process of storage, collection, transportation, processing, treatment, and
				disposal of solid waste, and includes equipment, facilities and operations
				designed for solid waste management activities, including recycling, source
				reduction, and the enforcement of solid waste management laws and
				ordinances.
Solid waste recovery facility (WRF) means a
solid
				waste handling facility that provides for the extraction from mixed solid waste
				of recoverable materials, materials suitable for use as a fuel or soil
				amendment, or any combination of such materials. Due to the similiarity of
				functions, WRF operations are required to meet all permitting requirements for
				transfer stations, including obtaining a certificate of need from the Regional
				Solid Waste Management District.
Solid waste processing facility
means a composting
				facility, transfer station, solid waste recovery facility or other facility
				that handles or processes solid waste.
Source separated recovered materials
means the
				recovered materials that have been separated from the solid waste stream at the
				point of generation or at a solid waste materials recovery facility. The term
				does not require that various types of recovered materials be separated from
				each other and recognizes de minimis solid waste, in accordance with industry
				standards and practices, may be included in the recovered materials.
Special materials
means any materials that require
				special handling precautions and disposal procedures by the landfill owner or
				operator beyond the normal activities associated with landfill operations.
				Special materials includes those items listed in Chapter 7 of this Rule and
				other process wastes and conditionally exempt small quantity generator wastes
				requiring special handling procedures.
State
means the State of Arkansas.
Surface impoundment or Impoundment
means a
				facility or part of a facility that is a natural topographic depression,
				human-made excavation, or diked area formed primarily of earthen materials
				(although it may be lined with human-made materials), that is designed to hold
				an accumulation of liquid wastes or wastes containing free liquids and that is
				not an injection well. Examples of surface impoundments are holding, storage,
				settling, and aeration pits, ponds, and lagoons.
Structural components
means landfill liners,
				leachate collection systems, final covers, run-on/run-off systems, and any
				other component used in the construction and operation of the unit that is
				necessary for protection of human health and the environment.
Taking of endangered species
means harassing,
				harming, pursuing, hunting, wounding, killing, trapping, capturing, or
				collecting of an endangered species or attempting to engage in such
				conduct.
Transfer station
means any facility used to manage
				the removal, segregation, processing, and transfer of solid waste from
				collection vehicles and containers, and from other private and commercial
				vehicles to greater capacity transport vehicles.
Type O Compost Material
means source separated
				organic wastes, such as paper, food wastes, foodprocessing wastes, or yard
				waste or municipal sewage sludge in combination with these wastes.
Type S Compost Material
means mixed solid wastes
				such as household garbage, nonhazardous commercial wastes, or yard waste,
				source separated organic wastes, or sewage sludge in combination with these
				wastes.
Type Y Compost Material
means yard waste and other
				vegetative materials such as grass clippings, leaves, and shredded or chipped
				brush, and tree prunings.
Unauthorized Waste
means regulated hazardous
				wastes as defined in 40 CFR Part 261 , polychlorinated biphenyls (PCB) wastes
				regulated under the Toxic Substances Control Act (TSCA) for disposal as defined
				in 40 CFR Part 761 , and all other wastes which are not allowed for disposal
				due to the provisions of this rule, specific permit conditions, or not allowed
				by Arkansas law.
Underground drinking water source
means an aquifer
				supplying drinking water for human consumption, or an aquifer in which the
				ground water contains less than 10,000 mg/l total dissolved solids.
Unstable area
means a location that is susceptible
				to natural or human-induced events or forces capable of impairing the integrity
				of some or all of the landfill structural components responsible for preventing
				releases from a landfill. Unstable areas can include poor foundation
				conditions, areas susceptible to mass movements, and Karst terranes.
Uppermost aquifer
means the geologic formation
				nearest the natural ground surface that is an aquifer, as well as, lower
				aquifers that are hydraulically interconnected with this aquifer within the
				facility's property boundary.
Vector
shall have the same meaning as "Disease
				vector".
Washout
means the carrying away of solid waste by
				waters of the base flood.
Waste management unit boundary
means a vertical
				surface located at the hydraulically down gradient limit of the unit. This
				vertical surface extends down into the uppermost aquifer.
Waste pile or Pile
means any noncontainerized
				accumulation of solid, nonflowing, waste that is used for treatment or
				storage.
Water table
means the surface of unconfined water
				at which pressure is atmospheric and is defined by the levels at which water
				stands in wells that penetrate the ground water surface.
Wetlands
means those areas of land that are
				defined in
				40
				CFR 232.2(r).
Yard waste
means grass clippings, leaves, and
				shrubbery trimmings.
Rule
			 22.103
- Purpose, Scope, And Applicability
(a) Purpose - The purpose of these rules is
			 to establish standards and criteria for location restrictions; permit
			 application procedures; design, operations, and maintenance; financial
			 assurance; ground water monitoring and corrective action; and closure and
			 post-closure care for all solid waste disposal and management facilities to
			 ensure the protection of human health and the environment.
(b) Scope - These rules are based on the
			 provisions of Arkansas law cited in Rule 22.201 and upon Title 40 Code of
			 Federal Regulations (CFR) Part 257 and Part 258 and the Arkansas Solid Waste
			 Management Act (ACA
			 8-6-201 et seq.) as
			 amended. The Part 258 regulations were promulgated under authority of Subtitle
			 D of the Resource Conservation and Recovery Act (RCRA) and are thus commonly
			 referred to as "Subtitle D Criteria" or "Subtitle D." Rules contained herein
			 for all other solid waste disposal facilities not regulated under Subtitle D of
			 RCRA are based upon criteria contained in 40 CFR Part 257 .
(c) Applicability - These rules apply to
			 owners or operators of all solid waste disposal or processing facilities,
			 except as specifically provided, including but not limited to the following
			 permit categories, each of which requires either a separate individual permit
			 or coverage under a general permit:
(1) Class
			 1 facilities are landfills built to RCRA Subtitle D standards, as incorporated
			 herein for the acceptance of all nonhazardous wastes.
(2) Class 2 [Reserved]
(3) Class 3 Non Commercial (3N) facilities
			 are landfills that accept for disposal nonhazardous industrial and commercial
			 wastes generated by the permittee and do not accept waste for disposal from any
			 other source.
(4) Class 3
			 Commercial (3C) facilities are landfills that accept for disposal only
			 authorized nonhazardous industrial and commercial wastes generated by the
			 permittee or from other approved facility locations or sources.
(5) Class 3 Tire (3T) facilities are tire
			 monofills that accept only processed tires or whole baled tires for
			 disposal.
(6) Class 4 facilities
			 are landfills for the commercial disposal of inert nonputrescible Class 4
			 wastes as defined herein.
(7)
			 Composting Facilities (CY) are facilities that accept only vegetative grass,
			 brush and tree yard wastes.
(8)
			 Composting Facilities (CO) are facilities that accept type Y wastes and
			 approved organic wastes.
(9)
			 Composting Facilities (CS) are facilities that accept type Y wastes and
			 approved solid wastes.
(10)
			 Transfer Stations (TS) are facilities that manage the bulking of solid waste
			 for transportation to a point of disposal.
(11) Solid Waste Recovery Facilities (WRF)
			 are facilities that segregate, recover, or otherwise process recyclable
			 materials from Class 4 types of waste streams.
(d) General Effective Date - Unless other
			 wise specified in these rules, compliance is required on the effective date of
			 the rules.
(e) Class 1 Landfill
			 Compliance Exemption - Class 1 landfills that received waste after October 9,
			 1991 but stopped receiving waste before the compliance date specified in Rule
			 22.103(f) are exempt from the requirements of this rule except for the closure
			 and post closure care requirements of Chapter 13. The final landfill cover
			 required under Chapter 13 must be installed by October 9, 1994. Owners or
			 operators that fail to complete cover installation by October 9, 1994 will be
			 subject to all of the requirements of this rule unless otherwise
			 specified.
(f) Compliance Date for
			 Class 1 Landfills - The compliance date for Class 1 landfils for all
			 requirements of this rule, unless otherwise specified is:
(1) October 9, 1993 for all municipal solid
			 waste landfill units that received waste on of after October 9, 1993 except
			 those that qualify for an extension as described below, or
(2) April 9, 1994 for an existing municipal
			 solid waste landfill unit or a lateral expansion of an existing municipal solid
			 waste landfill unit that meets the following conditions:
(i) The municipal solid waste landfill unit
			 disposed of less than 100 tons per day (TPD) or less of solid waste during a
			 representative period prior to October 9, 1993;
(ii) The unit did not dispose of more than an
			 average of 100 TPD of solid waste each month between October 9, 1993 and April
			 9, 1994; and
(iii) The municipal
			 solid waste landfill unit is not on the National Priorities List (NPL) as found
			 in Appendix B to 40 CFR Part 300 .
(g) General Permits for Solid Waste
			 Processing Facilities - The Division may develop and issue general permits for
			 any categories of solid waste processing facilities. To qualify for inclusion
			 under a general permit, applicants shall be required to submit a notice of
			 intent and supporting documentation. Facilities and practices not qualifying
			 for inclusion under the conditions of a general permit shall be required to
			 obtain individual permits.
(h)
			 Facilities Classified as Open Dumps - Municipal solid waste landfill units and
			 other solid waste facilities and practices failing to satisfy the criteria
			 established in these regulations are considered open dumps for purposes of this
			 rule and State solid waste management planning under RCRA and are prohibited
			 under Section 4005 of RCRA. As provided in
			 40 CFR
			 258.1 municipal solid waste landfill units
			 containing sewage sludge and failing to satisfy the criteria established in
			 these rules violate sections 309 and 405(e) of the Clean Water Act.
(i) Use of Recovered Materials - Provided
			 that the Division may rescind this authorization based on environmental, public
			 health or other factors, the use of recovered materials as defined in Rule
			 22.102, whether the recovered material is directly reused, used in a
			 manufacturing process, used as a construction material, or is inert material
			 used as beneficial fill material, shall not constitute the disposal of solid
			 waste for purposes of this rule provided that such use of recovered materials
			 will not result in adverse impacts to the air or surface and ground water
			 quality.
(j) Approval may not be
			 required for the use of recovered materials except that the Director may impose
			 conditions on the use and re-use of materials otherwise classified as solid
			 waste on a case-by-case basis to assure protection of air, or surface and
			 ground water quality.
(k) Adoption
			 of Subsequent Federal Regulations - The Director, after the date of
			 promulgation of any new or revised federal solid waste disposal facility
			 regulations, shall conduct rulemaking procedures with reference to these rules
			 as necessary to maintain a State Solid Waste Management Program equivalent to
			 the federal program. Such new or revised federal regulations, upon the date of
			 their publication as final rules of the U.S. Environmental Protection Agency
			 shall constitute minimum guidelines to the Director in formulating rule making
			 proposals to these rules, and shall not be construed to limit or interfere with
			 the adoption of provisions more stringent than federal regulations subject to
			 the provisions of ACA §
											8-1-203.
(l) Contaminated Soil Remediation Exclusion -
			 The provisions of these rules shall not apply to the on site disposal or
			 on-site placement of contaminated soils if:
(1) The activities in question are part of an
			 environmental remediation effort being conducted pursuant to an approved
			 written plan or order submitted to or issued by the Division; and
(2) The activities are carried out wholly
			 within the boundaries of the site that is the subject of the remediation;
			 provided, however, that for purposes of satisfying the conditions of this
			 subsection, use of private or public streets, roads, or drives to transport
			 such soils from one part of a site to another part of the same site shall not
			 be considered off-site activities, so long as the transportation is in
			 accordance or consistent with the written plan or order