Arkansas Administrative Code

8 CAR § 60-705. Liquid or semiliquid cooking and food wastes category. (a) Applicability. Containerized or noncontainerized liquids that are no longer fit for human or animal consumption, or for the use for preparation thereof, or have been condemned by the Department of Health, …

8 CAR § 60-706. Tires. Applicability. The processing, recycling, and disposal of waste tires shall conform to the requirements of Rule 14, Waste Tire Program [repealed].

8 CAR § 60-707. Disposal of spent pesticide and herbicide containers. (a) Applicability. No person shall dispose of any pesticide or herbicide containers, or any residue therefrom in a manner inconsistent with its labeling or intended use, or in violation of 40 C.F.R. § 261.7(b)(…

8 CAR § 60-708. Petroleum contaminated soils. (a) Applicability. (1) Petroleum contaminated soils may be disposed of in a Class 1 landfill provided the contaminated soils meet the requirements established in the hazardous and unauthorized waste exclusion plan developed by each Cl…

8 CAR § 60-709. Lights containing mercury. (a) After January 1, 2008, no person or entity shall knowingly place or dispose of the bulb or tube portion of an electric lighting device containing hazardous levels of mercury in a landfill if the device contains more than two-tenths m…

8 CAR § 60-801. Applicability and exemptions. (a) Applicability. (1) This section regulates the construction and operation of composting facilities for yard waste, source separated organic wastes, and other solid waste that may be approved by the Division of Environmental Quality…

8 CAR § 60-802. Composting facility classifications. (a) Applicability. (1) Composting facilities shall be classified by the type of materials received and treated. (2)(A) Facilities that receive and treat only wastes identified in 8 CAR § 60-801(b)(3)(A) shall be classified as T…

8 CAR § 60-803. Location restrictions and siting requirements. (a) Applicability. Composting facilities as specified shall meet the following requirements: (1) Bird hazards. Type O and Type S facilities located within ten thousand feet (10,000’) (three thousand forty-eight meters…

8 CAR § 60-804. Application requirements. (a) Application procedures. (1) Except as provided in this subpart, applications for an individual permit for composting shall conform to the requirements of Administrative Procedures, 8 CAR pt. 11 and this section. (2) Applicants for cov…

8 CAR § 60-805. Operational requirements. (a) Common requirements. Requirements common to all composting facilities: (1) The operation shall be conducted in a manner which precludes: (A) Pollution; (B) Public health hazards; (C) Nuisances; (D) Odors; and (E) The harborage of vect…

8 CAR § 60-806. Design requirements. (a) Class Y facility design must include the following: (1) A general schematic of the proposed process including the proposed receiving, processing, production, curing, and storage areas; (2) The composting area shall have a surface that can …

8 CAR § 60-807. Testing of run-off and compost. (a) NPDES permits. (1) The facility shall not commence construction or operation without required stormwater or discharge permits or documentation that a permit or permits is not required. (2) Analysis results, DMRs, and other storm…

8 CAR § 60-808. Recordkeeping and reporting. (a) Type Y facilities. (1) Type Y composting facilities shall keep and retain records of operations which shall be available for inspection by the Division of Environmental Quality. (2) Records shall include at a minimum: (A) Monitorin…

8 CAR § 60-809. Compost utilization. (a) Labeling requirements. (1) Compost produced from Type S and Type O facilities that is offered for sale or distribution must contain a label indicating recommended safe use and application rates, and restrictions, if any, on use of the prod…

8 CAR § 60-810. Closure and financial assurance. (a) Closure notification. (1) Composting facilities shall notify the Division of Environmental Quality in writing sixty (60) days prior to the proposed termination date of the facility. (2) Within thirty (30) days of ceasing operat…

8 CAR § 60-901. General provisions. (a) Applicability. (1) This subpart regulates the construction and operation of solid waste transfer stations, which by definition shall include solid waste recovery facilities. (2) No person shall construct or operate a transfer station used i…

8 CAR § 60-902. Location restrictions and siting requirements. (a) Applicability. New and existing transfer stations shall meet the following site selection limitations and location restrictions including but not limited to: (1) A facility handling putrescible wastes within ten t…

8 CAR § 60-903. Application requirements. (a) Application procedures. (1) Applications for an individual permit to construct or operate a transfer station shall conform to the requirements of Administrative Procedures, 8 CAR pt. 11, and this section. (2) Applicants for coverage u…

8 CAR § 60-904. Operational requirements. (a) Acceptable waste. (1) Only household waste, commercial, and industrial waste shall be accepted at the facility except that no industrial process waste or infectious waste shall be accepted unless specifically approved by the Division …

8 CAR § 60-905. Design requirements. (a) Design documentation. Permit plans, specifications, vendor drawings and data, and design calculations will be provided as necessary to completely describe the facility construction and how the facility design meets the requirements of this…

8 CAR § 60-906. Closure and financial assurance. (a) Financial assurance requirements. (1) Owners and operators of permitted transfer stations shall post financial assurance in accordance with the requirements of this part if required by the Director of the Division of Environmen…

8 CAR § 60-907. Recordkeeping requirements. (a) Requirements. 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 Environmental Quality the following information as it become…

8 CAR § 61-101. Short title. This part shall be known and may be cited by the short title, Part 61, “Solid Waste Management Fees, Funds, and Grants”.

8 CAR § 61-102. Purpose. (a) It is the purpose of this part, pursuant to the provisions of the Solid Waste Management and Recycling Fund Act, Arkansas Code § 8-6-601 et seq., the Landfill Post-Closure Trust Fund Act, Arkansas Code § 8-6-1001 et seq., and the Regional Solid Waste …

8 CAR § 61-103. Definitions. (a) All terms used in this part, unless the context otherwise requires, or unless specifically defined in the enabling legislation, shall have their usual meanings. (b) In addition, for purposes of this part, the following definitions apply, unless ot…

8 CAR § 61-201. Short title. The fee systems, described herein, shall be known and may be cited by the short title, “Disposal Fees”.

8 CAR § 61-202. Authority to administer disposal fee system. Statutory authority. Pursuant to the Solid Waste Management and Recycling Fund Act, Arkansas Code § 8-6-601 et seq., and the Landfill Post-Closure Trust Fund Act, Arkansas Code § 8-6-1001 et seq., the Arkansas Pollution…

8 CAR § 61-203. Applicability. (a) Fee applicability. (1) Landfill fees established by this part shall be applicable to all landfills receiving solid waste under the provisions of the Arkansas Solid Waste Management Act, Arkansas Code § 8-6-201 et seq., except those landfills ope…

8 CAR § 61-204. Disposal fee plan. (a) Required disposal fee plan. Each landfill and each transporter required under this part to pay disposal fees shall provide a written disposal fee plan to the Division of Environmental Quality that establishes an accurate method of quantifyin…

8 CAR § 61-205. Fee schedule and collection of fees. (a) Fee schedule for municipal landfills and for out-of-state transporters. The following fee schedule for fees imposed under the provisions of the Solid Waste Management and Recycling Fund Act, Arkansas Code § 8-6-601 et seq.,…

8 CAR § 61-206. Recordkeeping and reporting. (a) Adequate recordkeeping. (1) The owner, operator, or any other responsible party of any permitted landfill facility and each out-of-state transporter or any other responsible party shall establish and maintain adequate records in or…

8 CAR § 61-207. Payment of fees. (a) Fees imposed pursuant to the separate provisions of the Solid Waste Management and Recycling Fund Act, Arkansas Code § 8-6-601 et seq., shall be collected as follows: (1)(A) Fee submission. (B) On or before January 15, April 15, July 15, and O…

8 CAR § 61-208. Late payment charge and notice. (a) Late payment charges. (1) A late payment charge of ten percent (10%) of the quarterly fee amount will be added to the net amount due if full payment is not received by the Division of Environmental Quality within fifteen (15) ca…

8 CAR § 61-209. Adjustments. Report or fee adjustments. Upon written approval by the Division of Environmental Quality, any adjustments to any previous quarterly report or fee payment found upon review or as the result of an audit by the division, and any unpaid late payment char…

8 CAR § 61-210. Termination of fees. (a) Stopped operation. In the event a landfill or a transporter permanently ceases receiving or transporting waste, the permittee or transporter shall immediately submit a final quarterly report, along with final fee payment, for the quarter d…

8 CAR § 61-211. Petitioning director for review of fees. (a) Petition filing. (1) Any landfill permittee or transporter who disagrees with the fee amount due may file a petition for review with the Director of the Division of Environmental Quality within twenty (20) calendar days…

8 CAR § 61-212. Appeals. (a) Appeal procedures. Fees imposed under this part shall constitute a specific condition imposed on a landfill permittee or on a transporter. (b) Provided a landfill permittee or a transporter disagrees with the final decision of the Director of the Divi…

8 CAR § 61-213. Penalties. (a) Fee penalty procedures. A landfill permittee or transporter failing or refusing to pay the fee required under the provisions of this part in a timely manner shall be subject to late payment procedures and charges as established in this part. (b) Fai…

8 CAR § 61-214. Audit. (a) Division audit. At the discretion of the Division of Environmental Quality, an audit of a landfill permittee’s or a transporter’s records or the operation of the landfill or transporter, or both, may be performed to assure compliance with this part. (b)…

8 CAR § 61-215. Right of entry and access. Division of Environmental Quality entry rights. The Division of Environmental Quality or any authorized employee or agent shall have right of entry during normal business hours, unless otherwise deemed necessary by the division, to any p…

8 CAR § 61-216. Fund establishment. (a) Funds affected. Fees collected under this part, pursuant to the Solid Waste Management and Recycling Fund Act, Arkansas Code § 8-6-601 et seq., shall be deposited into the State Treasury and shall be credited to the Solid Waste Management a…

8 CAR § 61-301. Short title. This program shall be known and may be cited by the short title, “Post-Closure Fund”.

8 CAR § 61-302. Authority to administer trust fund program. Statutory authority. Under the Landfill Post-Closure Trust Fund Act, Arkansas Code § 8-6-1001 et seq., the Arkansas Pollution Control and Ecology Commission is given the authority to promulgate rules, and the Division of…

8 CAR § 61-303. Availability of Landfill Post-Closure Trust Fund funds. (a) Funding specificity. Landfill Post-Closure Trust Fund funds are to be made available on specific individual corrective action cases from post-closure landfill disposal fees imposed under this part. (b) Fu…

8 CAR § 61-304. Division responsibilities. (a) Use of funds. In accordance with the provisions of Arkansas Code § 8-6-1001 et seq., Solid Waste Management Rules, 8 CAR pt. 60, and this part, the Landfill Post-Closure Trust Fund shall be used by the Division of Environmental Quali…

8 CAR § 61-305. Applicability. The provisions and benefits of the Landfill Post-Closure Trust Fund shall apply to landfill facility classifications as determined in Solid Waste Management Rules, 8 CAR pt. 60, and in this part.

8 CAR § 61-306. Eligible projects and activities. (a) Applicability. The Landfill Post-Closure Trust Fund Program applies to all landfills subject to permitting requirements provided under Solid Waste Management Rules, 8 CAR pt. 60, which, upon receipt of solid waste at the landf…