§ 15-20-1402. Definitions

As used in this subchapter:

1. (1)

   1. (A) “Biosolid” means solid, semisolid, or liquid residue generated during the treatment of domestic sewage in a treatment works and includes without restriction:

      1. (i) Domestic septage;

      2. (ii) Scum or solids removed in a primary, secondary, or advanced wastewater treatment process; and

      3. (iii) Material derived from a biosolid.

   2. (B) “Biosolid” does not include the following:

      1. (i) Ash generated during the firing of a biosolid in a biosolid incinerator; or

      2. (ii) Grit and screenings generated during preliminary treatment of domestic sewage in a treatment works;

2. (2)

   1. (A) “Domestic septage” means liquid or solid material removed from a septic tank, cesspool, portable toilet, marine sanitation device designed to prevent overboard discharge of sewage, or similar treatment works that receives only domestic sewage.

   2. (B) “Domestic septage” does not include the following:

      1. (i) Liquid or solid material removed from a septic tank, cesspool, or similar treatment works that receives commercial wastewater or industrial wastewater; and

      2. (ii) Grease removed from a grease trap at a restaurant;

3. (3) “Domestic sewage” means waste and wastewater from a human or a residence that is discharged to or otherwise enters a treatment works;

4. (4) “Eligible premium biosolid” means a premium biosolid that is sold:

   1. (A) In bulk and not in bags or other containers or vehicles having a capacity of one (1) metric ton or less;

   2. (B) By a farm supply dealer or other retailer located in the state; and

   3. (C) For application to land in a location and manner not likely to cause water pollution within the meaning of the Arkansas Water and Air Pollution Control Act, § 8-4-101 et seq.;

5. (5) “Incentive certification” means a written certification that contains the following information with respect to the sale and purchase of an eligible premium biosolid:

   1. (A) The name and business address of the:

      1. (i) Seller; and

      2. (ii) Purchaser;

   2. (B) The date of the sale;

   3. (C) The amount of the eligible premium biosolid, stated in tons and rounded up to the nearest one tenth (1/10) of a ton;

   4. (D) The type of land on which the eligible premium biosolid is to be applied;

   5. (E) The approximate number of acres of the land on which the eligible premium biosolid is to be applied;

   6. (F) The county of the location of the land on which the eligible premium biosolid is to be applied;

   7. (G) A statement that the purchaser has taken delivery of the eligible premium biosolid and has received from the seller a credit against the purchase price equal to the amount of the cost-share incentive due the seller from the Arkansas Water Development Fund under this subchapter; and

   8. (H) The signature of the:

      1. (i) Seller; and

      2. (ii) Purchaser;

6. (6) “Land” means land located within the state and includes without restriction:

   1. (A) Agricultural land;

   2. (B) Pasture land;

   3. (C) Forest land;

   4. (D) A reclamation site;

   5. (E) A public park; and

   6. (F) A golf course;

7. (7) “Premium biosolid” means a biosolid fertilizer that meets the pollutant concentration limits of Table 3 of 40 C.F.R. § 503.13 as it existed on November 1, 2010, Class A pathogen reduction limits, and one (1) of the vector attraction reduction requirements of 40 C.F.R. § 503.33(b)(1) – (8), as it existed on November 1, 2010; and

8. (8) “Treatment works” means a federally owned, publicly owned, or privately owned device or system used to treat, recycle, or reclaim domestic sewage or a combination of domestic sewage and liquid industrial waste.