Arkansas Administrative Code

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…

8 CAR § 61-307. Owner or other responsible party obligations. (a) Financial assurance. A landfill permittee, owner, operator, or any other responsible party of a landfill shall establish, and at all times maintain, financial assurance for the post-closure maintenance of said land…

8 CAR § 61-308. Projects and activities not eligible. (a) Third-party compensation. (1) The Landfill Post-Closure Trust Fund shall not be used to compensate third parties for damages to property caused by the contamination. (2) However, projects or studies that address an alterna…

8 CAR § 61-309. Disbursement of funds. (a) Contracting. The Division of Environmental Quality may, at its discretion, enter into a contract or another written agreement with a regional solid waste management district, or any other responsible public or private party, for correcti…

8 CAR § 61-310. Reporting and oversight requirements. (a) Recordkeeping. A fund recipient shall maintain an accurate accounting system to document that expenditures are made in accordance with the project budget. (b) Reporting. A fund recipient shall comply with reporting conditi…

8 CAR § 61-311. Appeals of funding decisions. A funding decision may be appealed by requesting an adjudicatory hearing and Arkansas Pollution Control and Ecology Commission review, in accordance with Administrative Procedures, 8 CAR pt. 11.

8 CAR § 61-401. Authority to administer Solid Waste Management and Recycling Fund programs. Under the Solid Waste Management and Recycling Fund Act, Arkansas Code § 8-6-601 et seq., the Arkansas Pollution Control and Ecology Commission is given the authority to promulgate rules a…

8 CAR § 61-402. Solid Waste Management and Recycling Fund Distribution Program. (a) General information. (1) Acts 2013, No. 1333, eliminated the Recycling Grant Program under the Solid Waste Management and Recycling Fund Act, Arkansas Code § 8-6-601 et seq., and provided for an a…

8 CAR § 61-403. Recycling Grants Program. (a)(1) Funds disbursed prior to August 16, 2013, are part of the Recycling Grants Program eliminated by Acts 2013, No. 1333, and are subject to requirements in place at the time of disbursement. (2) These requirements are detailed in 8 CA…

8 CAR § 61-404. Eligibility for grant funding. (a) Funds disbursed prior to August 16, 2013, are part of the Recycling Grants Program and are subject to the requirements in this section. (b) 8 CAR §§ 61-404 – 61-409 do not apply to funds disbursed under the distribution program d…

8 CAR § 61-405. Existing equipment or facilities. (a) Funds disbursed prior to August 16, 2013, are part of the Recycling Grants Program and are subject to the requirements in this section. (b) 8 CAR §§ 61-404 – 61-409 do not apply to funds disbursed under the Solid Waste Managem…

8 CAR § 61-406. Responsibilities of district board. (a) Funds disbursed prior to August 16, 2013, are part of the Recycling Grants Program and are subject to the requirements in this section. (b) 8 CAR §§ 61-404 – 61-409 do not apply to funds disbursed under the Solid Waste Manag…

8 CAR § 61-407. Reporting and oversight requirements. (a) Funds disbursed prior to August 16, 2013, are part of the Recycling Grants Program and are subject to the requirements in this section. (b) 8 CAR §§ 61-404 – 61-409 do not apply to funds disbursed under the Solid Waste Man…

8 CAR § 61-408. Conditions of grant. (a) Funds disbursed prior to August 16, 2013, are part of the Recycling Grants Program and are subject to the requirements in this section. (b) 8 CAR §§ 61-404 – 61-409 do not apply to funds disbursed under the Solid Waste Management and Recyc…

8 CAR § 61-409. Appeals of grant decisions. (a) Funds disbursed prior to August 16, 2013, are part of the Recycling Grants Program and are subject to the requirements in this section. (b) 8 CAR §§ 61-404 – 61-409 do not apply to funds disbursed under the Solid Waste Management Re…

8 CAR § 61-501. Short title. This program shall be known and may be cited by the short title, “Computer and Electronic Equipment Recycling Grants”.

8 CAR § 61-502. Authority to administer grants program. (a) Under Arkansas Code § 8-6-613, a program for the recycling of computer and electronic equipment is created. (b) Pursuant to Arkansas Code § 8-6-613(c) and the Solid Waste Management and Recycling Fund Act, Arkansas Code …

8 CAR § 61-503. Applicant eligibility. The following entities are considered eligible to apply for and to receive grants: (1) Cities and counties. Duly incorporated cities and towns and county governments of the State of Arkansas; (2) Solid waste authorities. Authorities incorpor…

8 CAR § 61-504. Responsibilities of board. (a) Regional plan. (1)(A) Unless otherwise excused by the Director of the Division of Environmental Quality, each regional solid waste management district shall have a solid waste management plan. (B) The plan must meet the solid waste p…

8 CAR § 61-505. Grant-eligible activities, projects, and programs. The following activities, projects, or programs, in addition to other activities that support the objectives of increasing and improving computer and electronic equipment recycling as a waste management strategy, …

8 CAR § 61-506. Ineligible grant activities, projects, and programs. (a) Administrative costs. (1) Funding assistance shall not be used for costs that do not directly relate to a specific computer or electronic equipment recycling project and have not received written approval fr…

8 CAR § 61-507. Existing equipment or facilities. Grant assistance shall not be provided for purchasing mechanical processing equipment or facilities if existing mechanical processing equipment or facilities efficiently and adequately serve the relevant area, unless the regional …

8 CAR § 61-508. Divisional responsibilities. (a) Divisional approval. Once grant project applications are submitted to the Division of Environmental Quality, the division shall approve of those projects which comply with the requirements and intent of the Solid Waste Management a…

8 CAR § 61-509. Disbursement of funds. The Division of Environmental Quality shall disburse grant funds to regional solid waste management districts following written approval of grant applications in a given grant round if all requirements from the previous round are complete.…

8 CAR § 61-510. Reporting and oversight requirements. (a) Recordkeeping. Regional solid waste management boards shall require grantees to maintain an accurate accounting system to document that grant expenditures are made in accordance with the project budget. (b) Reporting. (1) …

8 CAR § 61-511. Conditions of grant. (a) Funds forfeited. (1) Funds for any grant project not started prior to the date that preapplications for the next grant round are submitted to the Division of Environmental Quality will be forfeited and become a part of the total funds avai…

8 CAR § 61-512. Appeals of grant decisions. (a) Appeals. The following persons shall have the right to appeal any grant decisions as defined herein made by the Division of Environmental Quality: (1) A grant applicant; (2) A grantee; (3) Provided the matter to be appealed is subje…

8 CAR § 61-601. Severability. If any provision of this part or the application thereof to any person or circumstances 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 applica…

8 CAR § 61-602. Effective date. This part is effective ten (10) days after filing with the: (1) Secretary of State; (2) Arkansas State Library; and (3) Bureau of Legislative Research.

8 CAR § 62-101. Purpose. The purpose of this part is to establish the training, classification, qualifications, and licensing of operators of solid waste management facilities and environmental officers and for other purposes.

8 CAR § 62-102. Authority. Arkansas Code § 8-6-905(a) of Acts 1991, No. 750, as amended by Acts 1995, No. 193, Acts 1997, No. 1207, Acts 1997, No. 1254, and Acts 2005, No. 728, and Arkansas Code § 8-6-2006 of Acts 2019, No. 1067 (acts), authorizes the Arkansas Pollution Control a…