§ 8-9-104 - Definitions.

8-9-104. Definitions.

(a) As used in this chapter:

(1) "Commission" means the Arkansas Pollution Control and Ecology Commission;

(2) "Department" means the Arkansas Department of Environmental Quality;

(3) "Materials in the recycling process" means ferrous and nonferrous metals diverted or removed from the solid waste stream so that they may be reused, as long as:

(A) Those materials are processed or handled using reasonably available processing equipment and control technology, as determined by the Director of the Arkansas Department of Environmental Quality, taking cost into account; and

(B) A substantial amount of the materials are consistently utilized to manufacture a product which otherwise would have been produced using virgin material;

(4) "Municipal solid waste" means waste produced by individuals, public entities, agriculture, and businesses, including yard waste and waste not traditionally included in the recycling rate calculation and that is by its nature eligible for disposal in a municipal solid waste landfill;

(5) "Recyclable materials" or "recyclables" means those materials from the solid waste stream that can be recovered for reuse in present or reprocessed form;

(6) "Recyclable materials collection center" or "collection center" means a facility which receives or stores recyclable materials prior to timely transportation to material recovery facilities, markets for recycling, or disposal;

(7) "Recycling" means the systematic collection, sorting, decontaminating, and returning of waste materials to commerce as commodities for use or exchange;

(8) "Solid waste" shall have the same meaning as provided by 8-6-702;

(9) "Solid waste board" or "board" means a regional solid waste management board or its successor created under 8-6-701 et seq.;

(10) "Solid waste district" or "district" means a regional solid waste management district or its successor created under 8-6-701 et seq.;

(11) "Source separation" means the act or process of removing a particular type of recyclable material from the solid waste stream at the point of generation or at a point under control of the generator for the purpose of collection and recycling; and

(12) "Yard waste" means grass clippings, leaves, and shrubbery trimmings.

(b) For the purposes of this subchapter, "marketing board" means the State Marketing Board for Recyclables.