2019 Arkansas Code
Title 8 - Environmental Law
Chapter 6 - Disposal of Solid Wastes and Other Refuse
Subchapter 16 - Financial Assurance
§ 8-6-1602. Definitions

(1) “Active life” means the period of operation beginning with the initial receipt of solid waste and ending at completion of closure activities;

(2) [Repealed.]

(3) “Closure plan” means a written plan that describes the steps necessary to close any solid waste management facility at any point during its active life in accordance with the design requirements in rules issued pursuant to this subchapter, as applicable;

(4) “Commission” means the Arkansas Pollution Control and Ecology Commission;

(5) [Repealed.]

(6) “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, composting, or any other method;

(7)

• (A) “Existing municipal solid waste landfill unit” means any municipal solid waste landfill unit that was receiving solid waste as of October 9, 1993, or April 9, 1994, as applicable to the Resource Conservation and Recovery Act of 1976, Subtitle D.

• (B) Waste placement in existing units must be consistent with past operating practices or modified practices to ensure good management;

(8) “Facility” means all contiguous land and structures, other appurtenances, and improvements on the land used for the disposal, treatment, or processing of solid waste;

(9) “Land application unit” means an area where wastes are applied onto or incorporated into the soil surface, excluding manure and wastewater treatment sludge spreading operations, for agricultural purposes or for treatment and disposal;

(10) “Lateral expansion” means a horizontal expansion of the waste boundaries of an existing municipal solid waste landfill unit;

(11)

• (A) “Municipal solid waste landfill unit” means a discrete area of land or an excavation that receives household waste and that is not a land application unit, surface impoundment, injection well, or waste pile.

• (B) A municipal solid waste landfill unit also may receive other types of Resource Conservation and Recovery Act of 1976, Subtitle D wastes, such as commercial solid waste, nonhazardous sludge, small quantity generator waste, and industrial solid waste.

• (C) Such a landfill may be publicly or privately owned.

• (D) A municipal solid waste landfill unit may be a new municipal solid waste landfill unit, an existing municipal solid waste landfill unit, or a lateral expansion;

(12) “New municipal solid waste landfill unit” means any municipal solid waste landfill unit that has not received waste prior to October 9, 1993, or April 9, 1994, as applicable;

(13) “Operator” means the person responsible for the overall operation of a facility or part of a facility;

(14) “Owner” means the person who owns a facility or part of a facility;

(15) “Person” means any individual, corporation, company, firm, partnership, association, trust, state agency, government instrumentality or agency, institution, county, city, town, or municipal authority or trust, venture, or other legal entity, however organized;

(16) “Post-closure plan” means a written plan that provides a description of monitoring and maintenance activities required in rules issued pursuant to this subchapter and includes the frequency with which these activities will be performed;

(17) “RCRA, Subtitle D” means the United States Environmental Protection Agency, Office of Solid Waste, Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq., and the August 1991 Addendum for the Final Criteria for Municipal Solid Waste Landfills, 40 C.F.R. part 258;

(18) “Solid waste management system” means the entire process of storage, collection, transportation, processing, treatment, and disposal of solid waste and includes equipment, facilities, and operations designed for solid waste management activities, including recycling, source reduction, and the enforcement of solid waste management laws and ordinances;

(19) “State” means the State of Arkansas; and

(20)

• (A) “Surface impoundment” or “impoundment” means a facility or part of a facility that is a natural topographic depression, human-made excavation, or diked area formed primarily of earthen materials, although it may be lined with human-made materials, that is designed to hold an accumulation of liquid wastes or wastes containing free liquids and that is not an injection well.

• (B) Examples of surface impoundments are holding, storage, settling, and aeration pits, ponds, and lagoons.