014.13.20 Ark. Code R. § 002 Rule No 27, Licensing of Operators of Solid Waste Management Facilities and Environmental Officers; Docket No. 20-001-R Mo 20-12

• Library: Arkansas Administrative Code
• Edition: 2023
• Currency: Current through Register Vol. 48, No. 12, December, 2023
• Citation: 014.13.20 Ark. Code R. § 002
• Year: 2023

Chapter 1: PRELIMINARY PROVISIONS

Rule 27.101 Purpose To establish the training, classification, qualifications, and licensing of operators of solid waste management facilities and Environmental Officers and for other purposes.

Rule 27.102 Authority Arkansas Code Annotated § 8-6-905(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; and Arkansas Code Annotated § 8-6-2006 of Act 1067 of 2019 ("Acts") authorizes the Arkansas Pollution Control and Ecology Commission ("Commission") to adopt rules necessary for the Arkansas Department of Energy and Environment Division of Environmental Quality ("Division") to implement and effectuate the powers and duties of the Commission as established under the Acts.

Rule 27.103 Definitions The following terms shall have the same meaning when used in this rule as established by the Acts unless the context otherwise requires: Commission means the Arkansas Pollution Control and Ecology Commission; Division means the Arkansas Department of Energy and Environment, Division of Environmental Quality, or its successor. Director means the Director of the Arkansas Department of Energy and Environment, Division of Environmental Quality or the Director's delegated representative; Environmental Laws, as used in this Rule, means laws codified at Ark. Code Ann. § 8-9-401et seq., Ark. Code Ann. § 8-6-2005(1), Ark. Code Ann. § 8-6-2005(2), and Ark Code Ann. § 8-6-2005(3). Environmental Officer means an employee of a city county, municipality, regional solid waste management district created under Ark. Code Ann. § 8-6-701et seq., state agency, board, or commission who has:(A) Completed all applicable requirements under this Rule, including without limitation completing required training and passing the required examination, obtaining certification, being sworn in, and maintaining certification through continuing education; and (B) By training and certification as provided herein has been authorized to write citations for violations of the Used Tire Recycling and Accountability Act, Ark. Code Ann. § 8-9-401et seq., violations of illegal dumping prohibited under Ark. Code Ann. § 8-6-2005(1), violations concerning an illegal dump site prohibited under Ark. Code Ann. § 8-6-2005(2) or violations of solid waste disposal prohibited under Ark. Code Ann. § 8-6-2005(3); and (C) Limited authority to enter land to investigate and inspect as provided under Ark. Code Ann. § 8-1-107 to enforce applicable environmental laws as limited to those as defined above under the authority of the Arkansas Department of Energy and Environment, Division of Environmental Quality Environmental violations, as used in this Rule means a violation of the Used Tire Recycling and Accountability Act, Ark. Code Ann. § 8-9-401et seq, a violation of Ark. Code Ann. § 8-6-2005(1), a violation of Ark. Code Ann. § 8-6-2005(2); or a violation of Ark. Code Ann. § 8-6-2005(3). Licensing Committee means the committee of solid waste management facility managers, operators, or technicians hereinafter established to assist and advise the Commission and the Division in the examining and licensing of operators of solid waste management facilities; License means a certificate of competency issued by the Director to solid waste management facility operators and Environmental Officers who have met the requirements of their respective licensing program. Unless the Chapters or Sections of this Rule state otherwise, the terms "license" and "certificate" are used interchangeably in this Rule. Operator means any person who performs any action 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 Training means an employee of a solid waste management facility that has been issued an Apprenticeship (Level A) license by the Director; Recovered Materials means 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 rule, recovered materials as described above are not solid waste; Sanitary Landfill means any place for which a permit for disposal of solid waste on land is required under the provisions of this rule; Solid Waste Disposal Facility means any place at which solid waste is dumped, abandoned, or accepted or disposed of for final disposition by incineration, land filling, 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 rule; and Solid Waste Management Facility means 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 rule, 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 which are not also regulated pursuant to solid waste rules.

Chapter 2: POWERS, DUTIES AND RESPONSIBILITIES

Rule 27.201 The Division The Division shall be charged with the responsibility of enforcing the Acts, the administration of the Solid Waste Management Facility operator licensing program, with the advice and assistance of the Licensing Committee, and the administration of the Environmental Compliance Resource Program. (A) Licensing of Operators of Solid Waste Management Facilities. The Division is given and charged with the following powers and duties for licensing of operators of Solid Waste Management facilities: (1) 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 Division to the administrator of any approved course; (2) 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; (3) To initiate enforcement actions and/or institute court proceedings to compel compliance with the Acts and the rules 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; (4) 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 Energy and Environment, Division of Environmental Quality Fee Fund; (5) To establish minimum criteria to define the areas of competence for each classification of operators. The minimum criteria may utilize education requirements, technical training, on-site training and experience, substitutional qualifications, or other beneficial factors as deemed appropriate; (6) To review, recognize, and approve a schedule of training and educational curriculum to be utilized to fulfill the purposes of this rule; (7) To approve sources of educational training to fulfill the purposes of this rule; (8) To establish and implement such administrative sanctions as necessary to promote the professional integrity of solid waste management facility operator licenses; (9) To conduct such inquiries and establish such facts as necessary to advise the Commission on the actions of licensees; (10) To establish such administrative policies as necessary to carry out the powers and duties of the Commission; (11) To issue provisional certificates as established in Rule 27.608; (12) To allow the Director to grant a written waiver from the solid waste management facility licensing requirements of this rule; and (13) To allow the...