Beneficial Use Guidance

The Arkansas Department of Energy and Environment, Division of Environmental Quality (DEQ), supports the cost-effective beneficial use of certain materials. These guidelines help determine whether a material can be used beneficially without causing short- or long-term environmental impacts and ensure that its use does not constitute solid waste disposal.

If documentation does not demonstrate that the proposed use is both beneficial and protective, the material remains classified as a solid waste and must be managed in accordance with Solid Waste Management Rule 8 CAR pt. 60.

Exclusions

Some waste streams require a permit before they may be used as beneficial use materials, including:

  • Land application of industrial waste—requires a permit from DEQ’s Office of Water Quality (OWQ)
  • Land application of biosolids—requires an OWQ permit and annual reporting to EPA

How to Request Authorization

Complete the beneficial use request form in ePortal here, including the following documentation:

Beneficial Use Plan

The plan should include the following items, but is not limited to:

  • Information from a soil scientist or agronomist:
    • Detailed description of the proposed beneficial use of materials
    • Application process and equipment used
    • Determination of appropriate buffer zones
  • If any material storage will be conducted, storage activities may require a permit from OWQ
  • Storage pond liners
  • Surface runoff controls at storage
  • Staging and application areas
  • Method of transportation to site
  • Location and total acreage of proposed beneficial use site(s)
  • Site map depicting application areas, waterbodies, ingress/egress, site roads, buildings, setbacks and restricted areas
  • Property ownership records, right-of-entry documentation, and any site restrictions
  • Worker personal protective equipment (PPE) or machinery safety equipment required for loading, transport, storage, or application, if applicable

Waste Stream Analysis

  • Analytical results of compounds or nutrients present in the material, concentrations of those constituents on a per-weight basis and beneficial characteristics of each constituent.
  • Certification from a soil scientist or agronomist that includes any potential short- or long-term effects the material will have on surface water, ground water, human health, and the environment in and around the land application site(s) and recommended loading rates or limitations for the material in allowable quantities per acre based on existing soil conditions and the waste stream analysis.

Authorization issued by DEQ allowing beneficial use is not a release from any environmental liability. Any unauthorized waste or waste disposal may be subject to criminal or civil penalties as defined by Arkansas Code Annotated § 8-6-204.