2019 Arkansas Code
Title 8 - Environmental Law
Chapter 6 - Disposal of Solid Wastes and Other Refuse
Subchapter 20 - Environmental Compliance Resource Act
§ 8-6-2003. Definitions
- As used in this subchapter:
(1) “Alleged violator” means a person that has been issued an environmental citation under this subchapter by an environmental officer;
(2) “Cost statement” means a verified written statement that accounts for the cost of solid waste removal or other remediation, including without limitation receipts, and establishes that:
(A) The solid waste was removed from the location or the environmental violation at the location was otherwise remediated; and
(B) The solid waste was properly disposed of at one (1) or more of the following facilities:
(i) A permitted solid waste disposal facility;
(ii) A permitted solid waste processing facility;
(iii) A recycling center;
(iv) A scrap yard that purchases iron, steel, aluminum, or other metals; or
(v) Any other facility that an environmental officer finds to be a proper disposal facility for the solid waste;
(3) “Environmental officer” means an employee of a city, county, municipality, regional solid waste management district created under § 8-6-701 et seq., or state agency, board, or commission who has:
(A) Completed all requirements under this subchapter, including without limitation completing required training and passing the required examination, obtaining certification, being sworn in, and maintaining certification through continuing education; and
(B) Authority to enter land to investigate and inspect as provided under § 8-1-107 to enforce environmental laws under the authority of the Division of Environmental Quality;
(4) “Environmental violation” means an act or omission that:
(A) Is prohibited under § 8-6-2005; or
(B) Causes or results in the violation of a state law, rule, or order that is:
(i) Designed to protect the public health, safety, or welfare; and
(ii) Applicable to this subchapter under § 8-6-2004;
(5) “Illegal dumping of solid waste” means the illegal placing, depositing, dumping, or causing to be placed, deposited, or dumped by a person any solid waste that is prohibited by this chapter:
(A) In or upon a public or private highway, road, or street, including a portion of the right-of-way in or upon a public or private highway, road, or street;
(B) In or upon private property into or upon which the public is admitted by easement or license of the private property;
(C) In or upon a public park or other public property; or
(D) Upon property for which a permit has not been issued by the division;
(6)
(A) “Illegal dump site” means a place where solid waste is disposed of in a manner that is prohibited by this chapter.
(B) “Illegal dump site” includes a place where one (1) or more of the following exists:
(i) An attractive nuisance;
(ii) A fire, health, or safety hazard;
(iii) A potential source of surface or groundwater contamination;
(iv) A waste tire site as defined in § 8-9-402; or
(v) Other contamination that is hazardous to the public health or endangers the environment; and
(7) “Person” means an individual, municipality, other governmental entity, or other entity that is recognized by law with rights and duties.
