8 CAR § 110-502. Definitions

(a)(1) Unless otherwise noted, all terms contained in this subpart are defined as set forth in any current version of any Arkansas Pollution Control and Ecology Commission rules. (2) Any changes made by the commission shall be considered immediately engrossed within this subpart. (3) Should a conflict in definition arise, the terms are defined by their plain meaning. (b) This section contains definitions for terms that appear in this subpart. (c) Except where noted otherwise, the term “may” is permissive and the term “shall” is a directive or requirement. (d) When used in this subpart: (1) “Abatement” means the removal of waste tires from stock piles or other sites with accumulations of whole or shredded scrap tires; (2) “Automobile tire” means any motor vehicle tire with a load rating of “F” or lower; (3) “Baling” means a method of volume reduction whereby tires are compressed into bales; (4)(A) “Civil engineering application” means the use of waste tires in lieu of or in addition to natural occurring materials (such as rock, sand, dirt, gravel) in construction. (B) This definition does not include land reclamation; (5) “Compacted and baled tires” means tires that have been mechanically compressed and tied with interlocking wrappings that have been approved by the Department of Energy and Environment; (6) “Disclosure statement” means a written statement regarding business and legal activities as defined in Arkansas Code § 8-1-106; (7) “Distribution cycle” means a single quarterly funding cycle that the Department of Energy and Environment: (A) Opens with the acceptance of Benton County Regional Solid Waste Management District quarterly reports which detail moneys received and expended, tires collected, and other program related information as determined by the Department of Energy and Environment; and (B) Ends with the distribution of grant moneys from funds available for the distribution cycle; (8) “Fee-paid tire” means a waste tire in which a state waste tire fee has been collected, reported, and paid on the replacement tire sold at retail; (9) “Grant decisions” means: (A) Final administrative decisions by the Secretary of the Department of Energy and Environment on all applications for grants pursuant to the Department of Energy and Environment’s administration of the Waste Tire Program created under Arkansas Code § 8-9-401 et seq.; and (B) The final decision of the Secretary of the Department of Energy and Environment on any disputes arising under any such grant; (10) “Grant round” means a two-year grant cycle that the Department of Energy and Environment: (A) Opens with the acceptance of new applications for funding; and (B) Ends with eligibility approval to districts to participate in quarterly distribution cycles during the given two-year period; (11) “Load rating” means the system of trade designations that identifies the weight carrying capacity range of a tire; (12) “Manufacture reject tire” means a tire rendered defective in the manufacturing process; (13) “Motor vehicle” means an automobile, motorcycle, truck, trailer, semitrailer, truck tractor and semitrailer combination, or any other vehicle operated primarily on the roads of the State of Arkansas: (A) Used to transport persons or property; and (B) Propelled by power other than muscular power; (14) “Nonfee-paid tire” means a waste tire in which no state waste tire fee has been collected, reported, and paid on a replacement tire sold at retail; (15)(A) “Operator” means any person who performs any operation at a permitted waste tire processing or disposal facility requiring individual judgment which may directly affect the proper operation of the facility. (B) “Operator” shall not be deemed to include any official solely exercising general administrative supervision; (16) “Permit” means a written consent issued by the Department of Energy and Environment authorizing a person or business to construct, operate, and/or maintain a: (A) Waste tire processing facility; (B) Waste tire disposal facility; or (C) Waste tire collection center; (17) “Permitted site” means any site used for collection, storage, processing, or disposal of waste tires which has a current valid operating permit issued by the Department of Energy and Environment; (18) “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; (19) “Processed tire” means tires and commingled tire parts and pieces that have been cut, shredded, or otherwise altered so that they are no longer whole and/or no longer identifiable; (20)(A) “Quantity” means the weight, volume, or actual number of tires. (B) For purposes of this subpart, assume that there are: (i) One hundred (100) automobile tires per ton; (ii) Twenty (20) truck tires per ton; and (iii) Ten (10) tires per cubic yard; (21) “Recycling” means the systematic collecting, sorting, decontaminating, and returning of waste materials to commerce as commodities for use or exchange; (22) “Registered professional engineer” means a professional engineer registered in the State of Arkansas; (23) “Registered used tire dealer” means a tire retailer who is registered with the Department of Finance and Administration as a waste tire fee collecting agent and who sells both new and used tires; (24)(A) “Residuals” means any liquids, sludges, metals, fabric, or byproducts resulting from the processing or storage of tires. (B) “Residuals” do not include processed tires held for recycling provided the conditions of Commission Rule 14, Chapter 13 [repealed] are met; (25) “Specialty tire” means any tire not specifically covered by any other definition in this section including without limitation: (A) Traction engines; (B) Road rollers; (C) Vehicles that run only on a track; (D) Bicycles; and (E) Farm tractors and trailers; (26) “Tire” means a continuous solid or pneumatic rubber covering that is used for encircling the wheel of a motor vehicle; (27) “Tire-derived fuel (TDF)” means fuel derived from whole tires or processed tires; (28) “Tire manufacturer” means a manufacturing operation engaged in the final assembly of the basic components of a tire; (29) “Tire recycling” means any process by which waste tires, processed tires, compressed and baled tires, or residuals are reused or returned to use in the form of products or raw materials; (30) “Truck tire” means any motor vehicle tire with a rim size greater than nineteen inches (19”) and a load rating of “F” or higher including without limitation wide-base or extra-wide single tire; (31) “Used tire” means a tire that is repairable or retreadable for its original intended purpose, but shall not include a tire being held for ninety (90) days or less for the purpose of retreading or repairing the tire; (32) “Waste tire” means a whole tire that is no longer repairable or retreadable or no longer suitable for its original intended purpose because of: (A) Wear; (B) Damage; or (C) Defect; (33) “Waste tire collection center” means a site where used or waste tires are collected from the public prior to being offered for recycling or disposal and where fewer than three thousand (3,000) loosely stored tires are kept on the site on any given day or up to a maximum of ten thousand (10,000) tires which have been compacted and baled; (34) “Waste tire generator” means any person who generates by removing from rim for disposal or stores waste tires on property owned or leased by that person; (35) “Waste tire management facility” means a facility involved in the collection, storage, recycling, processing, and/or disposal of waste tires; (36) “Waste tire monofill” means a separately permitted landfill or landfill unit specifically designed and rated for the sole disposal of waste tires, and where the area has been prepared in such a manner that the tires can be recovered at a later date; (37) “Waste tire originating from a tire manufacturer” means those new tires which originate from a tire assembly process and are determined by the tire manufacturer to be either defective or unfit for use on a motor vehicle; (38) “Waste tire processing facility” means a site where equipment is used to cut, chip, grind, or otherwise alter used or waste tires; (39) “Waste tire site” means a site at which one thousand (1,000) or more unpermitted used or waste tires are accumulated, whether loosely stored or compacted and baled, or a combination thereof; (40) “Waste tire transporter” means a person who collects and transports from one place to another, twenty-five (25) or more whole, used or waste tires, processed tires, or tire residuals for: (A) Storage; (B) Processing; (C) Recycling; (D) Reuse; (E) Resale; or (F) Energy recovery; and (41) “Wide-base tire or extra-wide single tire” means a tire approximately four hundred fifty-five millimeters (455 mm) wide that is used on a motor vehicle in which the front axle load exceeds the load capacity of a truck tire.