Arkansas Administrative Code

8 CAR § 60-1002. Material recycling facilities. (a) Exemption from permitting. (1) In accordance with 8 CAR § 60-1001, MRFs are exempt from regulation under this subpart provided that the operation of the facility is consistent with the requirements of this section. (2) Facilitie…

8 CAR § 60-1003. Location restrictions and siting requirements. (a) Applicability and requirements. New and existing C&DRF shall meet the following site selection limitations and location restrictions including but not limited to: (1) Facilities shall be designed and operated in …

8 CAR § 60-1004. Application requirements. (a) Application procedures. (1) Applications for an individual permit for construction and demolition recovery facilities shall conform to the requirements of Administrative Procedures, 8 CAR pt. 11, and this section. (2) Applicants appl…

8 CAR § 60-1005. Operational requirements. (a) Public health and the environment. The operation shall be conducted in a manner which precludes: (1) Pollution; (2) Public health hazards; (3) Nuisances; (4) Odors; and (5) The harborage of vectors. (b) Approved operating plan. (1) A…

8 CAR § 60-1006. Design criteria. In addition to the other provisions of this subpart, C&DRFs shall be designed in accordance with the following: (1) Contents of plans. The engineering plans shall include a detailed description of the facility’s design that must address the follo…

8 CAR § 60-1007. Closure and financial assurance. (a) Financial assurance requirements. (1) Owners and operators of permitted C&DRFs shall post financial assurance in accordance with the requirements of this part if required by the Director of the Division of Environmental Qualit…

8 CAR § 60-101. Title. The following rules of the State of Arkansas, Arkansas Pollution Control and Ecology Commission, adopted pursuant to the Arkansas Solid Waste Management Act, (Acts 1971, No. 237, as amended, Arkansas Code § 8-6-201 et seq.), shall be known as "Solid Waste M…

8 CAR § 60-102. Purpose. The purpose of this part is to establish standards and criteria for location restrictions; permit application procedures; design, operations, and maintenance; financial assurance; ground water monitoring and corrective action; and closure and post-closure…

8 CAR § 60-103. Scope. (a) This part is based on the provisions of Arkansas law cited in 8 CAR § 60-201 and upon 40 C.F.R. pts. 257 and 258 and the Arkansas Solid Waste Management Act, Arkansas Code § 8-6-201 et seq., as amended. (b)(1) The Part 258 regulations were promulgated u…

8 CAR § 60-104. Applicability. (a) This part applies to owners or operators of all solid waste disposal or processing facilities, except as specifically provided, including but not limited to the following permit categories, each of which requires either a separate individual per…

8 CAR § 60-105. Severability. If any provision of this part or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this part which can be given effect without the invalid provision or applicat…

8 CAR § 60-106. Definitions. (a)(1) Unless otherwise noted, all terms contained in this part are defined by their plain meaning. (2) This section contains definitions for terms that appear throughout this part. (3) Additional definitions may appear in the specific sections to whi…

8 CAR § 60-1101. General requirements. The purpose of the geotechnical and hydrogeological site investigation is to thoroughly characterize all aspects of the property which may directly or indirectly affect the design, construction, operation, or monitoring of the solid waste co…

8 CAR § 60-1102. Class 1 and Class 3 landfills. (a) Applicability. (1) The data and information required under this section shall be submitted by the applicant for landfills which will receive household solid waste or commercial and industrial wastes. (2) Class 3 landfill applica…

8 CAR § 60-1103. Monitoring well construction. (a) Monitor well construction. (1) Monitor wells shall be constructed of materials which: (A) Are resistant to chemical and physical degradation; (B) Will not interfere with ground water quality; and (C) Meet the requirements of Sect…

8 CAR § 60-1104. Class 4 landfills. (a) Applicability. This section applies to new permits and expansions of the permitted boundaries of all Class 4 landfills and Class 3 landfills disposing only Class 4 waste as established under 8 CAR § 60-1102. (b) General ground water separat…

8 CAR § 60-1201. Applicability. (a) Applicability. (1) The requirements of this subpart apply to Class 1 landfills, Class 3 landfills, and other facilities that may be required by the Director of the Division of Environmental Quality to monitor ground water quality according to t…

8 CAR § 60-1202. Ground water monitoring systems. (a) Applicability. As provided in 8 CAR § 60-1201(a), a ground water monitoring system must be installed that consists of a sufficient number of wells installed at appropriate locations and depths to yield ground water samples fro…

8 CAR § 60-1203. Ground water sampling and analysis requirements. (a) Consistency of procedures. (1) The ground water monitoring program must include consistent sampling and analysis procedures that are designed to ensure monitoring results that provide an accurate representation…

8 CAR § 60-1204. Detection monitoring program. (a) Applicability. (1)(A) Detection monitoring is required at all ground water monitoring wells and sampling points defined under 8 CAR § 60-1202(a)(1) and (2). (B) A detection monitoring program must include the monitoring for the c…

8 CAR § 60-1205. Assessment monitoring program. (a) Applicability. Assessment monitoring is required whenever a statistically significant increase over background has been detected for one (1) or more of the constituents listed in: (1) Appendix 1 for Class 1 landfills; (2) Append…

8 CAR § 60-1206. Assessment of corrective measures. (a) Applicability. (1) Within ninety (90) days of finding that any of the constituents listed in Appendix 2 or Appendix 3, as applicable, have been detected at a statistically significant level exceeding the ground water protect…

8 CAR § 60-1207. Selection of remedy. (a) Corrective measure selection. (1) Based on the results of the corrective measures assessment conducted under 8 CAR § 60-1206, the owner or operator must select a remedy that, at a minimum, meets the standards listed in subsection (b) of t…

8 CAR § 60-1208. Implementation of the corrective action program. (a) Corrective action implementation. Based on the schedule established under 8 CAR § 60-1207(d) for initiation and completion of remedial activities, the owner or operator must: (1) Establish and implement a corre…

8 CAR § 60-1301. Closure criteria. (a) Landfill cover design. (1) This section applies to all Class 1 landfills that accepted wastes after October 9, 1991, and to all other Class 1, Class 3, and Class 4 landfill units in operation after May 7, 1995. (2) Owners or operators of all…

8 CAR § 60-1302. Post-closure care requirements. (a) Applicability. The standards of this section shall apply as follows: (1) Class 1 landfill units that accepted waste for disposal after the compliance dates specified in 8 CAR § 60-104(d) shall meet all of the requirements of th…

8 CAR § 60-1303. Closure of open dumps and unpermitted facilities. (a) Applicability. The closure of open dumps shall meet the same criteria specified in 8 CAR § 60-1301 unless otherwise specified by the Division of Environmental Quality. (b) Deed notation. After division approva…

8 CAR § 60-1304. Landfill post-closure cleanup restrictions. (a) The Landfill Post-Closure Trust Fund shall be used for landfill post-closure corrective action in accordance with Arkansas Code § 8-6-1001 et seq., for corrective actions deemed necessary by the Director of the Divi…

8 CAR § 60-1401. Applicability and effective date. (a) General. (1) This subpart addresses financial assurance requirements for Class 1, Class 3, and Class 4 landfill facilities as well as solid waste processing facilities that are required to post financial assurance. (2) Unless…

8 CAR § 60-1402. Financial assurance for closure. (a) Closure cost estimate. (1)(A) As provided in 40 C.F.R. § 258.71, the owner or operator of all permitted landfill facilities must have and maintain a detailed written estimate, in current dollars, of the cost of hiring a third …

8 CAR § 60-1403. Financial assurance for post-closure care. (a) Post-closure cost estimate. (1)(A) As provided in 40 C.F.R. § 258.72, the owner or operator of all permitted landfill facilities must have a detailed written estimate, in current dollars, of the cost of hiring a thir…

8 CAR § 60-1404. Financial assurance for corrective action. (a) Corrective action cost estimate. (1)(A) As provided in 40 C.F.R. § 258.73, an owner or operator of a permitted facility required to undertake a corrective action program under 8 CAR § 60-1208, must have a detailed wr…

8 CAR § 60-1405. Allowable mechanisms. (a)(1) As provided in 40 C.F.R. § 258.74, the mechanisms used to demonstrate financial assurance under this subpart must ensure that the funds necessary to meet the costs of closure, post-closure care, and corrective action for known release…

8 CAR § 60-1406. Financial assurance requirements prior to April 9, 1995, bankruptcy, forfeiture, and permit transfers. (a) Incapacity of permittee or financial institutions. (1) The permit owner or operator must notify the Director of the Division of Environmental Quality by cer…

8 CAR § 60-1501. Inspection and enforcement. (a) Authorization to enter property. Any duly authorized officer, employee, or representative of the Division of Environmental Quality may enter and inspect any property, premise, or place at any reasonable time for the purpose of dete…

8 CAR § 60-1502. Violations. (a) Permit required. No person shall construct, install, alter, modify, or operate any solid waste processing or disposal facility or disposal site without a permit from the Division of Environmental Quality. (b) Disposal only at permitted facilities.…

8 CAR § 60-1503. Civil penalties. (a) Applicability. The Division of Environmental Quality is authorized to institute a civil action in any court of competent jurisdiction to accomplish any or all of the following: (1) Restrain any violation of, or compel compliance with, the pro…

8 CAR § 60-1504. Criminal penalties. (a) Applicability. (1) Any person who violates any provision of the Arkansas Solid Waste Management Act, Arkansas Code § 8-6-201 et seq., who commits any unlawful act under it, or who violates any rule or order of the Arkansas Pollution Contro…

8 CAR § 60-1601. Effective date. This part shall be effective ten (10) days after filing with the Secretary of State, the Arkansas State Library, and the Bureau of Legislative Research following adoption by the Arkansas Pollution Control and Ecology Commission.

8 CAR § 60-201. Regional solid waste management boards. (a) District boundaries. In accordance with Arkansas Code § 8-6-701 et seq., and except as provided in Arkansas Code § 8-6-723, the boundaries of regional solid waste management districts shall be approved by the Arkansas Po…

8 CAR § 60-202. Licensing haulers of solid waste. (a) Applicability. A person who engages in the business of hauling solid waste must obtain a license from the regional solid waste management board or boards having jurisdiction if the person is engaged in the: (1) Collection of s…

8 CAR § 60-203. Local authority approval of site selection and expansion. (a) Applicability. This section applies to all new permitted facilities including landfills and solid waste processing facilities and to the expansion of the permitted acreage of landfills and solid waste p…

8 CAR § 60-204. Host community approval of site selection. (a) Applicability and scope. (1) In accordance with Arkansas Code § 8-6-1501 et seq., a rebuttable presumption exists against permitting the construction or operation of any new landfill within twelve (12) miles of any ex…

8 CAR § 60-205. Certificate of need for landfills and transfer stations. (a) Applicability. All applicants for a new solid waste landfill permit, new transfer station permit, or an expansion of the permitted capacity of an existing landfill, except for permits for Class 3N noncom…

8 CAR § 60-206. Appeal of certificate of need determination. (a) Purpose and intent. (1) Arkansas Code § 8-6-706(a) requires certain applicants for a solid waste landfill permit and transfer station permit to obtain a certificate of need from the solid waste management district b…

8 CAR § 60-301. General provisions. (a) Applicability. (1) This subpart applies to all solid waste disposal, collection, and processing facilities except as identified herein. (2) Application and permitting procedures shall conform to Administrative Procedures, 8 CAR pt. 11, and …

8 CAR § 60-302. Preapplication procedures. (a) Preapplications required. Prior to the preparation of detailed designs or extensive geologic investigations, applicants for new solid waste disposal permits and for lateral expansions to the currently permitted disposal area shall pr…