2015 Arkansas Code
Title 8 - Environmental Law
Chapter 5 - Water Pollution Control Facilities
Subchapter 6 - Arkansas Privatization Act
§ 8-5-603 - Definitions.

As used in this subchapter, unless the context otherwise requires:

(1) "Chief executive" means the mayor of a municipality, the county judge of a county, or the chair of an improvement district, commission, agency, or similar body;

(2) "Clerk" means the city clerk or town recorder of a municipality, the county clerk of a county, or the secretary of the board of commissioners of an improvement district, commission, agency, or similar body;

(3) "Cost" means the cost of acquiring, constructing, and financing any privatization project and placing the privatization project in service, including, without limitation:

(A) The cost of acquisition and construction of any facility or any modification, improvement, or extension of that facility;

(B) Any cost incident to the acquisition of any necessary property, easement, or right-of-way;

(C) Engineering or architectural fees, legal fees, and fiscal agents' and financial advisors' fees;

(D) Any cost incurred for any preliminary planning to determine the economic and engineering feasibility of a proposed privatization project; and

(E) Costs of economic investigations and studies, surveys, preparation of designs, plans, working drawings, specifications, and the inspection and supervision of the construction of any facility and any other cost incurred by the local government;

(4) "Facility" means any structure, building, machinery, system, land, right, permit, or other property necessary or desirable for the ownership and operation of a wastewater project or solid waste disposal project, including, without limitation, all related and appurtenant easements and rights-of-way, improvements, utilities, equipment, and furnishings;

(5) "Local government" means a city or incorporated town in the State of Arkansas, any county in the State of Arkansas, an improvement district organized under the law of the State of Arkansas, or any other political subdivision, agency, or instrumentality of the State of Arkansas or any of the foregoing;

(6) "Ordinance" means an ordinance, resolution, or other appropriate legislative enactment of the governing body of a local government;

(7) "Private owner or operator" means a person, firm, corporation, or partnership that is not a public entity and which owns or operates a privatization project;

(8) (A) "Privatization" means any wastewater project or solid waste disposal project, including projects acquired from a local government, which is owned or operated by a private owner or operator and provides the related service to the public.

(B) This includes, but is not limited to:

(i) The acquisition, construction, reconstruction, repair, alteration, modernization, renovation, improvement, or extension of any such project, whether or not in existence or under construction, and financing the cost of those activities;

(ii) The purchase, installation, or financing of equipment, machinery, and other personal property required by such project; and

(iii) The acquisition, improvement, or financing of real property and the extension or provision of utilities, access roads, and other appurtenant facilities, all of which are to be used or occupied by any person in providing wastewater projects or solid waste disposal projects;

(9) "Solid waste" means all putrescible and nonputrescible wastes in solid or semisolid form, including, but not limited to, yard or food waste, waste glass, waste metals, waste plastics, wastepaper, waste paperboard, and all other solid and semisolid wastes resulting from industrial, commercial, agricultural, community, and residential activities;

(10) "Solid waste disposal project" means any facility designed and operated for the disposition by landfilling, incinerating, composting, or other method of disposing of solid waste; and

(11) "Wastewater project" means sewage collection systems and treatment plants, including, without limitations, intercepting sewers, outfall sewers, force mains, pumping stations, instrumentation and control systems, and other appurtenances necessary or useful for the collection, removal, reduction, treatment, purification, disposal, and handling of liquid and solid waste, sewage and industrial waste, and refuse.