014.00.16 Ark. Code R. § 002

• Library: Arkansas Administrative Code
• Edition: 2023
• Currency: Current through Register Vol. 48, No. 12, December, 2023
• Citation: 014.00.16 Ark. Code R. § 002
• Year: 2023

CHAPTER 1 : PRELIMINARY PROVISIONS

Reg.27.101 Purpose To establish the training, classification, qualifications, and licensing of operators of solid waste management facilities and illegal dumps control officers and for other purposes.

Reg.27.102 Authority Arkansas Code Annotated ' 8Powers and duties8-6-905(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 ("Acts") authorizes the Arkansas Pollution Control and Ecology Commission ("Commission") to adopt rules and regulations necessary for the Arkansas Department of Environmental Quality ("Department") to implement and effectuate the powers and duties of the Commission as established under the Acts.

Reg.27.103 Definitions The following terms shall have the same meaning when used in this regulation as established by the Acts unless the context otherwise requires: Commissionmeans the Arkansas Pollution Control and Ecology Commission; Departmentmeans the Department of Environmental Quality, or its successor. Directormeans the Director of the Department of Environmental Quality or the Director's delegated representative; Illegal Dumpmeans any place at which solid waste is placed, deposited, abandoned, dumped, or otherwise disposed of in a manner that is prohibited by state statutes, rules, or regulations, and which constitutes one (1) of and/or any of the following: (A) Attractive nuisance; (B) Fire, health, or safety hazard (C) Potential sources of surface and/or groundwater contamination; or (D) Other contamination that is hazardous to the public health or endangers the environment; Illegal Dumps Control Officermeans an individual employed by a duly authorized regional solid waste management district within this state, a county government within this state, or a pollution control inspector or other authorized representative of the Arkansas Department of Environmental Quality, who is empowered to insure compliance with any state law prohibiting the illegal dumping of solid waste; Licensing Committeemeans the committee of solid waste management facility managers, operators, or technicians hereinafter established to assist and advise the Commission and the Department in the examining and licensing of operators of solid waste management facilities and illegal dumps control officers; Licensemeans a certificate of competency issued by the Director to solid waste management facility operators and illegal dumps control officers who have met the requirements of the licensing program; Operatormeans any person who performs any operation 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 Trainingmeans an employee of a solid waste management facility that has been issued an Apprenticeship (Level A) license by the Director; Recovered Materialsmeans 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 regulation, recovered materials as described above are not solid waste; Sanitary Landfillmeans any place for which a permit for disposal of solid waste on land is required under the provisions of this regulation; Solid Waste Disposal Facilitymeans 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 regulation; and Solid Waste Management Facilitymeans 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 regulation, 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 and regulations which are not also regulated pursuant to solid waste rules and regulations.

CHAPTER 2 : POWERS, DUTIES AND RESPONSIBILITIES

Reg.27.201 The Department The Department shall be charged with the responsibility of enforcing the Acts and the administration of the licensing program, with the advice and assistance of the Licensing Committee, and is given and charged with the following powers and duties: (A) To establish and conduct examinations for licensing, at least annually, for applicants meeting the minimum qualifications for a license, and to conduct oral examinations for licensing upon request. This duty may be delegated by the Department to the administrator of any approved course; (B) To issue licenses to applicants after satisfactory completion of all licensing requirements as hereinafter established, to renew these licenses, to suspend or revoke licenses for cause, after due notice and opportunity for hearing, and to issue one year apprenticeship licenses to operators in training; (C) To initiate enforcement actions and/or institute court proceedings to compel compliance with the Acts and the rules and regulations issued pursuant thereto. Any such actions or proceedings shall require facilities to license the personnel involved in lieu of discharging the unlicensed personnel in order to achieve compliance; (D) To collect and deposit such fees, as established by the Commission, to be assessed per classification of license, not to exceed fifty dollars ($50.00) for the initial cost of examination and license, fifty dollars ($50.00) for the cost of reciprocity review and license, twenty-five dollars ($25.00) for annual license renewal, twenty-five dollars ($25.00) for provisional certificates, and a ten dollar ($10.00) penalty for late payment or renewal. Such fees shall be deposited into the Arkansas Department of Environmental Quality Fee Fund; (E) To establish minimum criteria to define the areas of competence for each classification of operators and for illegal dumps control officers. The minimum criteria may utilize education requirements, technical training, on-site training and experience, substitutional qualifications, or other beneficial factors as deemed appropriate; (F) To review, recognize, and approve a schedule of training and educational curriculum to be utilized to fulfill the purposes of this regulation; (G) To approve sources of educational training to fulfill the purposes of this regulation; (H) To establish and implement such administrative sanctions as necessary to promote the professional integrity of solid waste management facility operator licenses and illegal dumps control officer licenses; (I) To conduct such inquiries and establish such facts as necessary to advise the Commission on the actions of licensees; (J) To establish such administrative policies as necessary to carry out the powers and duties of the Commission; (K) To issue provisional certificates as established in Reg.27.608; (L) To allow the Director to grant a written waiver from the solid waste management facility licensing requirements of this regulation; and (M) To allow the Director to withdraw a written waiver from the solid waste management facility licensing requirements for just cause by written notice to the county, municipality, governmental subdivision, public or private corporation, or other persons to whom the written waiver is being granted.

Reg.27.202 Solid Waste Licensing Committee The Solid Waste Licensing Committee authorized by Arkansas Code Annotated ' 8Licensing committee - Members - Compensation - Restrictions8-6-904 as amended, is to advise and assist the Commission and the Department in the administration of the licensing program. The members of the committee shall serve as specified in the Acts. The Solid Waste Licensing Committee shall have the power and duty to: (A) Conduct inquiries and establish findings necessary to advise the Commission and the Department on irregularities encountered in the management of the licensing program; (B) Conduct inquiries and establish facts necessary to advise the Commission and the Department on the actions of licensees; and (C) Recommend administrative sanctions, including, but not limited to, the suspension and revocation of licenses as necessary to...