(1) "Commercial medical waste incineration facility" means any facility accepting medical waste materials for treatment and disposal by incineration from an off-site source and operating the treatment and disposal facility as a business for profit;
(2) "Department" means the Arkansas Department of Environmental Quality;
(3) "Director" means the Director of the Arkansas Department of Environmental Quality;
(4) "Occupied structure" means a building or other structure:
(A) Where any person lives or carries on a business or other calling;
(B) Where people assemble for purposes of business, government, education, religion, entertainment, or public transportation;
(C) Which is customarily used for overnight accommodation of persons whether or not a person is actually present. Each unit of a structure divided into separate units designed for occupancy is itself an occupied structure; or
(D) Which has not yet been constructed or completed but for which a building permit, where applicable, has been issued and is valid on the date the application for the permit to construct and operate a commercial medical waste incineration facility is filed; and
(5) "Person" means any individual or legal entity.
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