Arkansas Administrative Code

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…

8 CAR § 60-303. General application requirements. (a) Preapplication conference. The Division of Environmental Quality may require the applicant to attend a preapplication conference to discuss application requirements and the findings of the preliminary site investigation. (b) S…

8 CAR § 60-304. Permit application review. (a) Determination of an administratively complete application. Upon submittal of an application for a solid waste disposal or processing application, the Division of Environmental Quality shall review the application and all supporting d…

8 CAR § 60-305. Public hearings and notices. (a) Payment for public notices. (1) The applicant shall publish, at applicant expense, the public notices required herein or by law to be published by the applicant. (2) The notices shall be identified in the publication as legal notic…

8 CAR § 60-306. Final permit decision. (a) Response to comments. All written comments received during any designated comment period or written or oral comments received at any public hearing called for by the Director of the Division of Environmental Quality shall be considered i…

8 CAR § 60-307. Transfer of permits. (a) Procedures for permit transfer. Permits for the construction and operation of solid waste disposal and processing facilities are transferable provided the current and proposed permittees submit an administratively complete application that…

8 CAR § 60-308. Modification of permits. (a) Procedures for permit modification. (1) The permittee may at any time request a modification to the permit. (2) Submittal of an application for modification of permit shall be on forms made available by the Division of Environmental Qu…

8 CAR § 60-309. Duration of permits. (a)(1) Landfill permits regulate active fill operations, closure, and post-closure phases of activities at a facility. (2) The active fill operations phase shall cease if the facility places waste beyond the permitted boundaries, or exceeds th…

8 CAR § 60-401. Location restrictions — Responsibilities. (a) Applicants for a permit for a Class 1 landfill shall be responsible for selection of the proposed site subject to the provisions of this section. (b) Solid waste disposal facilities or practices which violate any of th…

8 CAR § 60-402. Airport safety. (a) Location prohibition for new facilities. New permitted Class 1 landfills shall not be located within ten thousand feet (10,000’) (three thousand forty-eight meters (3,048 m)) of any airport runway end used by turbojet aircraft or within five th…

8 CAR § 60-403. Floodplains. (a) Applicability. Owners or operators of new Class 1 landfill units, existing units, and lateral expansions located in one hundred-year floodplains must demonstrate that the unit will not: (1) Restrict the flow of the base flood; (2) Reduce the tempo…

8 CAR § 60-404. Wetlands. (a) Applicability. New Class 1 municipal solid waste landfill units and lateral expansions and other facilities identified in this part shall not be located in wetlands, unless the owner or operator can make the following demonstrations to the Director o…

8 CAR § 60-405. Fault areas. Applicability. New units and lateral expansions shall not be located within two hundred feet (200’) (sixty meters (60 m)) of a fault that has had displacement in Holocene time unless the owner or operator demonstrates to the Director of the Division o…

8 CAR § 60-406. Seismic impact zones. (a) Applicability. New units and lateral expansions shall not be located in seismic impact zones unless the owner or operator demonstrates to the Director of the Division of Environmental Quality that all containment structures, including lin…

8 CAR § 60-407. Unstable areas. (a) Applicability. (1) Owners or operators of new units, existing units, and lateral expansions located in an unstable area must demonstrate that engineering measures have been incorporated into the unit's design to ensure that the integrity of the…

8 CAR § 60-408. Separation distances and buffer zones. (a) New facilities and expansions. Applicants for new Class 1 landfills and expansions to the permitted area shall comply with the following minimum separation distances and buffer zones as measured from the proposed active p…

8 CAR § 60-409. Closure of existing landfill units. (a) Applicability. Existing Class 1 units that cannot make the demonstrations specified in 8 CAR § 60-402, pertaining to airports, 8 CAR § 60-403, pertaining to floodplains, or 8 CAR § 60-407, pertaining to unstable areas, must …

8 CAR § 60-410. Endangered species. (a) Prohibition against taking. Solid waste facilities and practices shall not cause or contribute to the taking of any endangered or threatened species of: (1) Plants; (2) Fish; or (3) Wildlife. (b) Destruction of habitat. The facility or prac…

8 CAR § 60-411. General operating requirements. (a) Conformance with permit documents. All operations at the landfill shall be in accordance with the approved plans and operating plan and narrative. (b) Operator licensing requirements. All operations shall be performed by license…

8 CAR § 60-412. Procedures for excluding the receipt of hazardous waste and unauthorized waste. (a) Applicability. (1) Owners or operators must implement a program at the facility for detecting and preventing the disposal of: (A) Regulated hazardous wastes as defined in 40 C.F.R.…

8 CAR § 60-413. Cover material requirements. (a) Daily cover. Except as provided in subsection (d) of this section, the owners or operators of all Class 1 landfills must cover disposed solid waste with six inches (6”) of earthen material at the end of each operating day, or at mo…

8 CAR § 60-414. Disease vector control. Applicability. As provided in 40 C.F.R. § 258.22, owners or operators must prevent or control on-site populations of disease vectors using techniques appropriate for the protection of human health and the environment.

8 CAR § 60-415. Explosive gases control. (a) Applicability. As provided in 40 C.F.R § 258.22, owners or operators of all permitted landfills shall ensure that: (1) The concentration of methane gas generated by the facility does not exceed twenty-five percent (25%) of the lower ex…

8 CAR § 60-416. Air criteria. (a) Applicability. As provided in 40 C.F.R. § 258.24, owners or operators must ensure that the units do not violate any applicable requirements developed under a State Implementation Plan (SIP) approved or promulgated by the Administrator of the Unit…

8 CAR § 60-417. Access requirements. (a) Applicability. As provided in 40 C.F.R. § 258.15 and this section, owners or operators must control public access and prevent unauthorized vehicular traffic and illegal dumping of wastes by using artificial barriers, natural barriers, or b…

8 CAR § 60-418. Run-on/run-off control systems. (a) Applicability. As provided in 40 C.F.R. § 258.15, owners or operators must design, construct, and maintain: (1) A run-on control system to prevent flow onto the active portion of the landfill during the peak discharge from a twe…

8 CAR § 60-419. Surface water requirements. (a) General requirements. As provided in 40 C.F.R. § 258.27, all Class 1 landfills shall not: (1) Cause a discharge of pollutants into waters of the United States, including wetlands, that violates any requirements of the Clean Water Ac…

8 CAR § 60-420. Liquids restrictions. (a) Applicability. As provided in 40 C.F.R. § 258.28, bulk or noncontainerized liquid waste may not be placed in Class 1 landfills unless: (1) The waste is household waste other than septic waste; or (2)(A) The waste is leachate or gas conden…

8 CAR § 60-421. Recordkeeping requirements. (a) Applicability. As provided in 40 C.F.R. § 258.29 and provisions herein, the owner or operator must record and retain at the facility in an operating record or in an alternative location approved by the Director of the Division of En…

8 CAR § 60-422. Operating plan and narrative. (a) Applicability. (1) Each facility shall develop and implement an operating plan and narrative. (2) The purpose of the operating plan and narrative shall be to develop and present site-specific methods and procedures by which the fa…

8 CAR § 60-423. Annual engineering inspection reports. (a) Applicability. This section applies to all permitted Class 1 landfills. (b) Report requirements. (1) A professional engineer registered in the State of Arkansas shall inspect the landfill site at least annually and prepar…