2019 Arkansas Code
Title 8 - Environmental Law
Chapter 6 - Disposal of Solid Wastes and Other Refuse
Subchapter 15 - Siting High Impact Solid Waste Management Facilities
§ 8-6-1502. Definitions

Universal Citation: AR Code § 8-6-1502 (2019)
  • As used in this subchapter:
    • (1) “Hazardous substance sites” means the same as set out in § 8-7-503;

    • (2) “Hazardous waste” means the same as set out in § 8-7-203;

    • (3)

      • (A) “High impact solid waste management facility” means, excluding the facilities described in subdivision (3)(B) of this section, any solid waste landfill, any solid or commercial hazardous waste incinerator, and any commercial hazardous waste treatment, storage, or disposal facility.

      • (B) “High impact solid waste management facility” does not include the following:

        • (i) Recycling or composting facilities;

        • (ii) Waste tire management sites;

        • (iii) Solid waste transfer stations;

        • (iv) Solid waste landfills which have applications pending for either increased or new acreage or provisions for additional services or increased capacity;

        • (v) A facility dedicated solely to the treatment, storage, or disposal of solid waste or hazardous waste generated by a private industry when the private industry bears the expense of operating and maintaining the facility solely for the disposal of waste generated by the industry or wastes of a similar kind or character;

        • (vi) A facility or activity dedicated solely to a response action at a location listed by the state or United States Government as a hazardous substance site;

        • (vii) An existing facility operating under the interim status of the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq., or implementing rules of the Arkansas Hazardous Waste Management Act of 1979, § 8-7-201 et seq., or the Arkansas Hazardous Waste Management Code; or

        • (viii) Expansion of existing hazardous waste facilities under the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq., or the Arkansas Hazardous Waste Management Act of 1979, § 8-7-201 et seq., either through increased acreage or provision for additional services or increased capacity;

    • (4) “Host community” means the closest governmental unit as measured along major facility access roads and highways exercising zoning authority encompassed within a twelve-mile radius of the site of a proposed high impact solid waste management facility;

    • (5) “Permitting” means any governmental authorization to proceed with construction or operation of a facility or activity required by either state law or local ordinance; and

    • (6)

      • (A) “Solid waste” means the same as set out in § 8-6-702.

      • (B) However, “solid waste” does not include hazardous waste as defined in this section.

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