014.00.16 Ark. Code R. 002
To establish the training, classification, qualifications, and licensing of operators of solid waste management facilities and illegal dumps control officers and for other purposes.
Arkansas Code Annotated ' 8-6-905(a) of Act 750 of 1991, as amended by Act 193 of 1995, Act 1207 of 1997, Act 1254 of 1997, and Act 728 of 2005 ("Acts") authorizes the Arkansas
Pollution Control and Ecology Commission ("Commission") to adopt rules and regulations necessary for the Arkansas Department of Environmental Quality ("Department") to implement and effectuate the powers and duties of the Commission as established under the Acts.
The following terms shall have the same meaning when used in this regulation as established by the Acts unless the context otherwise requires:
Commissionmeans the Arkansas Pollution Control and Ecology Commission;
Departmentmeans the Department of Environmental Quality, or its successor.
Directormeans the Director of the Department of Environmental Quality or the Director's delegated representative;
Illegal Dumpmeans any place at which solid waste is placed, deposited, abandoned, dumped, or otherwise disposed of in a manner that is prohibited by state statutes, rules, or regulations, and which constitutes one (1) of and/or any of the following:
(A) Attractive nuisance; (B) Fire, health, or safety hazard; (C) Potential sources of surface and/or groundwater contamination; or (D) Other contamination that is hazardous to the public health or endangers the environment;
Illegal Dumps Control Officermeans an individual employed by a duly authorized regional solid waste management district within this state, a county government within this state, or a pollution control inspector or other authorized representative of the Arkansas Department of Environmental Quality, who is empowered to insure compliance with any state law prohibiting the illegal dumping of solid waste;
Licensing Committeemeans the committee of solid waste management facility managers, operators, or technicians hereinafter established to assist and advise the Commission and the Department in the examining and licensing of operators of solid waste management facilities and illegal dumps control officers;
Licensemeans a certificate of competency issued by the Director to solid waste management facility operators and illegal dumps control officers who have met the requirements of the licensing program;
Operatormeans any person who performs any operation at a solid waste management facility requiring individual judgment which may directly affect the proper operation of the solid waste management facility. "Operator" shall not be deemed to include an official solely exercising general administrative supervision;
Operator In Trainingmeans an employee of a solid waste management facility that has been issued an Apprenticeship (Level A) license by the Director;
Recovered Materialsmeans metal, paper, glass, plastic, textile, yard trimmings not destined for composting, or rubber materials which are not waste tires or waste tire residuals, that have known recycling potential, can be feasibly recycled, and have been diverted and source separated or have been removed from the solid waste stream for sale, use, or reuse as raw materials, whether or not the materials require subsequent processing or separation from each other, but does not include materials destined for any use that constitutes disposal. For the purpose of this regulation, recovered materials as described above are not solid waste;
Sanitary Landfillmeans any place for which a permit for disposal of solid waste on land is required under the provisions of this regulation;
Solid Waste Disposal Facilitymeans any place at which solid waste is dumped, abandoned, or accepted or disposed of for final disposition by incineration, landfilling, composting or other method. Wastewater treatment plants permitted under the National Pollutant Discharge
Elimination System (NPDES) and units at hazardous waste management facilities permitted under the Arkansas Hazardous Waste Management Act and Code shall not be deemed to be disposal sites or facilities for the purpose of this regulation; and
Solid Waste Management Facilitymeans all contiguous land and structures, other appurtenances, and improvements on the land used for storage, collection, transportation, processing, treatment, and/or disposal of solid waste. For purposes of this regulation, facilities solely engaged in the recycling of source separated recovered materials are excluded; also excluded are processes, operations and/or facilities that are regulated pursuant to hazardous waste rules and regulations which are not also regulated pursuant to solid waste rules and regulations.
The Department shall be charged with the responsibility of enforcing the Acts and the administration of the licensing program, with the advice and assistance of the Licensing Committee, and is given and charged with the following powers and duties:
The Solid Waste Licensing Committee authorized by Arkansas Code Annotated ' 8-6-904, as amended, is to advise and assist the Commission and the Department in the administration of the licensing program. The members of the committee shall serve as specified in the Acts. The Solid Waste Licensing Committee shall have the power and duty to:
The Department shall license persons according to their qualifications to successfully operate solid waste management facilities. This section establishes three (3) licensing classifications with levels created within each classification which are aimed at providing a professional career ladder. An operator only has to be concerned with the specific category under which they are licensed (See Appendix A-1). For purposes of this regulation, licenses will be classified as follows:
A Class 1 license is a license for the operation/management of an material recycling facility, solid waste recovery facility, solid waste processing facility, composting facility, transfer station, municipal solid waste incinerator, municipal solid waste disposal facility, or a sanitary landfill meeting the criteria of Title 40, Code of Federal Regulations, Part 258 (Subtitle D), and is eligible to receive various types of nonhazardous solid waste, including materials that require special handling or operating procedures. A Class 1 license shall be required for all operators of material recycling facilities, solid waste recovery facilities, solid waste processing facilities, composting facilities, transfer stations, municipal solid waste incinerators, and municipal solid waste disposal facilities, with at least one (1) Class 1C licensed manager or supervisor on-site at all times during periods of operation (see Appendix A-2). This requirement does not preclude brief periods of absence nor does it include the closure and post-closure care periods. (For certain exceptions allowable for transfer stations, see Reg.27.302.) The three (3) levels of a Class 1 license are as follows:
licensed manager or supervisor on-site at all times during periods of operation. Any person making application for a Class 1B license must:
A Class 2 is a license for the operation/management of solid waste disposal facilities or landfills not subject to the requirements of Title 40, Code of Federal Regulations, Part 258 (Subtitle D). A Class 2 license is required for all operators of solid waste disposal facilities or landfills not subject to Title 40, Code of Federal Regulations, Part 258 (Subtitle D), with at least one (1) Class 2C licensed manager or supervisor on-site at all times during periods of operation (see Appendix A-2). This requirement does not preclude brief periods of absence nor does it include closure and post-closure care periods. The three (3) levels of a Class 2 license are as follows:
A Class 3 license is a license for the operation/management of a waste tire processing facility or other related solid waste management facility. A Class 3 license shall be required for all operators of waste tire processing facilities and other related solid waste management facilities with at least one (1) Class 3C licensed manager or supervisor on-site at all times during periods of operation (see Appendix A-2). This requirement does not preclude brief periods of absence nor does it include the closure and post-closure care periods. The three (3) levels of Class 3 licenses are as follows:
The Department shall license persons according to their qualifications to successfully perform the duties of illegal dumps control officers. This section establishes one (1) licensing category. Any person making application for an Illegal Dumps Control Officer license must:
For purposes of this regulation, training requirements may be, at a minimum, acquired from the following sources, provided that such training course, presentation, demonstration, workshop, seminar, or other agenda items receive prior approval of the Department.
All B and C level licenses issued under Chapter 3 of this regulation require a minimum of six (6) hours of approved solid waste training yearly for continuing education. This continuing education requirement must be met yearly for license renewal eligibility.
All licenses issued under Chapter 4 of this regulation require a minimum of three (3) hours of approved solid waste or environmental enforcement training yearly for continuing education. This continuing education requirement must be met yearly for license renewal eligibility.
Any person desiring to take an examination for which they are otherwise eligible and are unable to attend a scheduled examination established by the Department under Reg.27.201, of this regulation may schedule a date by filing a request with the Arkansas Department of Environmental Quality.
All Illegal Dumps Control Officer licenses and all Level B and Level C operator licenses are subject to annual renewal. Annual licensing periods run from July 1 through June 30 yearly. Level A (apprenticeship) operator licenses are nonrenewable; all other licenses shall be renewable upon application, if applicants meet the renewal requirements set forth by the Commission in Reg.27.502 and Reg.27.503. No later than May of every year, all current licensees will be mailed a license renewal request form to complete and return to the Department with the appropriate fee. An administrative handling fee for late renewal will be assessed any operator failing to renew their license by July 1.
Any operator or illegal dumps control officer whose license has lapsed for a period of over one (1) year will be required to take a new examination before license consideration. For operator licenses, the classification at which the operator would be re-examined will be at the discretion of the Department.
The Department, with the advice and the assistance of the Solid Waste Licensing Committee, may revoke or suspend licenses for cause, or impose sanctions against the license of an operator or illegal dumps control officer provided that (1) the Department finds that the licensee has practiced fraud or deception; (2) that reasonable care, judgment, or the application of knowledge or ability was not exercised in the performance of their responsibilities or (3) the licensee is incompetent, unable, or unwilling to perform their responsibilities.
The Department shall provide notice of such action to the licensee by certified mail. The licensee has a period not to exceed thirty (30) days in which to file an appeal pursuant to Pollution Control and Ecology Commission Regulation 8, Administrative Procedures.
The Department may issue a comparable operator license, without additional course hours or examination, to any applicant who holds a current operator license in any state, territory, or possession of the United States, or any country, provided that the licensing requirements under which that person was certified do not conflict with the provisions of this regulation and are of an equal or greater standard. For requests of reciprocity, said state, territory, or possession must extend reciprocity privileges to operators certified by the State of Arkansas in accordance with the provisions of this regulation.
Immediately upon employment of an unlicensed operator, solid waste management facility will notify the Department in writing requesting entry of the operator-in-training into the apprenticeship program. Within one-hundred and eighty (180) days of the date of entrance into the program, operator-in-training will comply with the requirements of the desired Level A apprenticeship program as established in Chapter 3 of this regulation and make application to the Department for a Level A operator license.
Operators may opt to hold more than one classification of license. Additionally, an individual may hold both an operator license and an illegal dumps control officer license. The licensing requirements for each license must be met, although overlapping requirements do not have to be duplicated. One approved course consisting of a minimum of six (6) hours of solid waste training yearly will satisfy the continuing education requirement for all licenses that are current.
The Department may issue, at its discretion, a provisional license to any operator who can show just cause. Provisional certificates shall be for a one (1) year period but may be renewed or extended for just cause. A provisional certificate shall allow an operator to operate only the specific facility at which the operator is employed at the time of certification, and will allow a facility to remain in compliance regarding the issue of operator certification while said operator works toward fulfilling the requirements for the necessary category and level of license needed for the particular facility at which the operator is employed. Granting of provisional certification shall be contingent upon Department determination that an emergency situation exists that could result in facility shut down for failure to meet the operator licensing requirement. Illegal dumps control personnel are not eligible for provisional status.
This regulation shall be effective ten (10) days after filing with the Secretary of State, the State Library, and the Bureau of Legislative Research following adoption by the Commission.
APPENDIX A
APPENDIX A-1: AT WHAT TYPE OF FACILITY DO YOU WORK?
CLASS 1 | CLASS 2 | CLASS 3 |
Transfer Station, Material Recycling Facility (MRF), Solid Waste Recovery Facility (WRF), Solid Waste Processing Facility, Municipal Solid Waste Incinerator, Composting Facility, or Municipal Solid Waste Disposal Facility | Non-Subtitle D Disposal Facility (Class 3 or Class 4 Landfill) | Waste Tire Processing Facility or Related Solid Waste Management Facility |
Class - Level A Apprentice or Operator in Training | Class 2 - Level A Apprentice or Operator in Training | Class 3 - Level A Apprentice or Operator in Training |
Class 1 - Level B Intermediate or Journeyman | Class 2 - Level B Intermediate or Journeyman | Class 3 - Level B Intermediate or Journeyman |
Class 1 -Level C Supervisory or Master | Class 2 - Level C Supervisory or Master | Class 3 - Level C Supervisory or Master |
APPENDIX A-2: GUIDELINES FOR DETERMINING WHO NEEDS A SOLID WASTE OPERATOR LICENSE
WHO DOES:
WHO DOES NOT:
NOTE: This Guideline is provided as an aid in determining which solid waste management facility personnel meet the statutory definition of "operator" and may not directly address all duties areas and responsibilities of solid waste management facility personnel. However, additional information may be secured by contacting the Solid Waste Management Division, Licensing Program.
014.00.16 Ark. Code R. 002