014.00.08 Ark. Code R. § 022

• Library: Arkansas Administrative Code
• Edition: 2023
• Currency: Current through Register Vol. 48, No. 12, December, 2023
• Year: 2023
• Citation: 014.00.08 Ark. Code R. § 022

Chapter 1 Preliminary Provisions

Reg.22.101 - Title The following rules and regulations 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 § 8Title8-6-201 et seq.), shall be known as Regulation Number 22 "Solid Waste Management" and referred to herein as Regulation 22.

Reg.22.102 - Definitions Unless otherwise noted, all terms contained in the regulations are defined by their plain meaning. This section contains definitions for terms that appear throughout these regulations; 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 regulations: 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 Reg.22.413(a) and (b). The active portion does not include areas that have received the intermediate cover layer described in Reg.22.413(b) or that have been closed in accordance with the closure requirements of Reg.22.1301 of this regulation. 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 Reg.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 Department 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 Department 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 regulation, 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 regulations to mitigate such threats. Department means the Department of Environmental Quality of the State of Arkansas, or its successor, including the Director and Department 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 Department 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...