8 CAR § 292-102. Definitions

For the purposes of this part: (1) “Affected persons” includes: (A) The applicant; (B) The Division of Environmental Quality; (C) The regional solid waste management board for the area in which the proposed solid waste facility is to be located; (D) The regional solid waste management board having jurisdiction in contiguous areas to the location; (E) Units of general local government within the geographical area served, or to be served, by the applicant and within the regional solid waste management district; and (F) Solid waste facility permittees having a permitted solid waste facility in the regional solid waste management district in which the solid waste facility is proposed to be located; (2)(A) “Certificate of need” means a certificate issued by the Board of Directors of the Southeast Arkansas Regional Solid Waste Management District to an individual or organization proposing to obtain a solid waste facility permit for solid waste disposal or transfer. (B) The certificate recognizes that such solid waste facility, when available, will be needed by those for whom it is intended. (C) A certificate of need is a condition of application for a solid waste facility permit under the Solid Waste Management Rules, 8 CAR pt. 60. (D) The Division of Environmental Quality may deny any permit based upon the denial of a certificate of need by the Board of Directors of the Southeast Arkansas Regional Solid Waste Management District; (3)(A) “Certificate of need review” means a review of petitions for certificates of need where the solid waste facility, if permitted, will be located in this jurisdictional area. (B) Under Acts 1989, No. 870, regional solid waste management boards are required to have the respective regional solid waste management board administer a certificate of need review program; (4) “Interested party” includes: (A) The director or his or her designee; (B) The Board of Directors of the Southeast Arkansas Regional Solid Waste Management District; (C) The person making application to the Board of Directors of the Southeast Arkansas Regional Solid Waste Management District; or (D) Any person submitting written comments on the application within the public comment period; (5) “Solid waste” means all putrescible and nonputrescible waste in solid or semisolid form, including, but not limited to: (A) Yard and food waste; (B) Waste glass; (C) Waste metals; (D) Waste plastics; (E) Waste papers; (F) Waste paperboard; and (G) All other solid or semisolid wastes resulting from industrial, commercial, agricultural, community, and residential activities; and (6)(A) “Solid waste facility” means a permitted landfill under the Arkansas Solid Waste Management Act, Arkansas Code § 8-6-201 et seq., except those permitted landfills where a private industry bears the expense of operating and maintaining the landfill solely for the disposal of waste generated by the industry or waste of a similar kind of character. (B) “Solid waste facility” also includes, except as limited above: (i) Disposal sites, which 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; and (ii) Transfer stations, which means a facility that is used to manage the removal, compaction, and transfer of solid waste from collection vehicles and other small vehicles to greater capacity transport vehicles.