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226.00.1-2. Definitions

AR ADC 226.00.1-2Arkansas Administrative CodeEffective: September 9, 2022

West's Arkansas Administrative Code
Title 226. Southeast Arkansas Regional Solid Waste Management District
Division 00.
Rule 1. Certificate of Need Review for Solid Waste Facilities
Effective: September 9, 2022
Ark. Admin. Code 226.00.1-2
226.00.1-2. Definitions
Affected Persons:
Includes: the applicant; DEQ; the Regional Solid Waste Management Board (RSWMB) for the area in which the proposed solid waste facility is to be located; the RSWMB having jurisdiction in contiguous areas to the location; units of general local government within the geographic area served, or to be served, by the applicant and within the Regional Solid Waste Management District (RSWMD); and solid waste facility permittees having a permitted solid waste facility in the RSWMD in which the solid waste facility is proposed to be located.
Interested Party:
The Director or his designee, the Board, the person making application to the Board or any person submitting written comments on the application within the public comment period.
Certificate of Need:
A certificate issued by the SEARSWMB to an individual or organization proposing to obtain a solid waste facility permit for solid waste disposal or transfer. The certificate recognizes that such solid waste facility, when available, will be needed by those for whom it is intended. A Certificate of Need is a condition of application for a solid waste facility permit under the Arkansas Solid Waste Management Code. The Department may deny any permit based upon the denial of a Certificate of Need by the SEARSWMB.
Certificate of Need Review:
Review of petitions for Certificates of Need where the solid waste facility, if permitted, will be located in this jurisdictional area. Under Arkansas Act 870 of 1989, RSWMBs are required to have the respective Board administer a Certificate of Need Review Program.
Solid Waste:
All putrescible and non-putrescible waste in solid or semi-solid form, including, but not limited to, yard and food waste, waste glass, waste metals, waste plastics, waste papers, waste paperboard and all other solid or semi-solid wastes resulting from industrial, commercial, agricultural, community and residential activities.
Solid Waste Facility:
A permitted landfill under the Arkansas Solid Waste Act, Ark. Code Ann. ยง 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. Facility also includes, except as limited above, 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 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.

Credits

Adopted Sept. 9, 2022.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 226.00.1-2, AR ADC 226.00.1-2
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