Arkansas Administrative Code

8 CAR § 63-405. County exemption procedures. If existing recycling systems are not adequate, boards are to establish at least one (1) recyclable materials collection center or system or combination of the two (2) in each county of the district, unless granted an exemption by the …

8 CAR § 63-501. Required recyclable materials. (a) Three (3) or more materials shall be collected from the list of recyclable materials contained in 8 CAR § 63-502(a)(1) – (9) or authorized under 8 CAR § 63-502(b) ( tires, lead-acid batteries, and yard waste may be collected as p…

8 CAR § 63-502. Acceptable recyclable materials. (a) Recyclable materials include: (1) Metals; (2) Newspaper; (3) Corrugated cardboard or paperboard; (4) Office papers; (5) Glass; (6) Plastic; (7) Used motor oil; (8) White goods; (9) Electronics; (10) Whole tires; (11) Yard waste…

8 CAR § 63-601. Annual reporting. Reports containing the following information must be filed on or before July 15 for the preceding twelve (12) months by the designated collection center or system to the appropriate board of jurisdiction, documenting the following data: (1) Amoun…

8 CAR § 63-602. Survey requirement. Boards shall compile a summary of the information required in 8 CAR § 63-501 and submit it to the Division of Environmental Quality on or before August 15 for the preceding twelve (12) months.

8 CAR § 63-603. Waste minimization report. (a) Boards shall determine and include in the August 15 summary report to the Division of Environmental Quality the percentage of the district's waste stream represented by the total amounts recycled during the previous calendar year. (b…

8 CAR § 63-701. 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 § 64-1001. Applicability generally. The Division of Environmental Quality establishes the Tire Accountability Program to: (1) Reimburse used tire programs for used tire recycling and disposal costs; (2) Incentivize recycling used tires collected under the Used Tire Recyclin…

8 CAR § 64-1002. Eligibility for reimbursement. To be eligible for reimbursements under this subpart and the Used Tire Recycling and Accountability Act, Arkansas Code § 8-9-401 et seq., a used tire program shall: (1) Be included in the solid waste management system under Arkansas…

8 CAR § 64-1003. Optional used tire program activities. A used tire program that receives reimbursements under this section may: (1) Contract with a tire processing facility that is permitted by the Division of Environmental Quality; (2) Remove or contract for the removal of wast…

8 CAR § 64-1004. Compliance. Moneys disbursed from the Used Tire Recycling Fund by the Division of Environmental Quality for reimbursements under this part shall be distributed only to the used tire programs that comply with all applicable requirements in this part related to the…

8 CAR § 64-1005. Disbursements contingent upon available funding. (a) All reimbursements and distributions claimed by used tire programs will be: (1) Based on moneys available for disbursement in that quarter; (2) According to funding levels in 8 CAR § 64-1006; (3) According to t…

8 CAR § 64-1006. Funding levels. Based on data received from the e-manifest system and quarterly reports, the following funding may be available for disbursement from the Used Tire Recycling Fund for used tire programs that are in compliance with all applicable requirements of th…

8 CAR § 64-1007. Priority funding. The following funding levels for quarterly disbursements from the Used Tire Recycling Fund are established: (1) Level One funding shall be paid first each quarter from all moneys available for disbursement in that quarter; (2) Level Two funding …

8 CAR § 64-1008. Pro rata disbursements. If there are insufficient moneys available in a quarter to make reimbursements or grant awards for all submitted requests under any funding level, the Division of Environmental Quality shall calculate the total remaining funds available an…

8 CAR § 64-1009. Administrative increases in the reimbursement rate. (a) The Arkansas Pollution Control and Ecology Commission may increase reimbursement rates if the Director of the Division of Environmental Quality recommends an increase because of one (1) or more of the follow…

8 CAR § 64-101. Title, implementation, and administration. (a) This part shall be known and may be cited as the “Tire Accountability Program”. (b) On the effective date of this part, the Division of Environmental Quality shall implement the Tire Accountability Program. (c) On or …

8 CAR § 64-1010. Level One funding reimbursements. (a) Level One funding reimbursements shall be provided to used tire programs based on the quantity of used tires managed from collection to final recycling or disposal by the used tire program. (b)(1) A used tire program shall su…

8 CAR § 64-1011. Level Two funding reimbursements. (a) Level Two funding reimbursements shall be provided to a used tire program for assistance with funding one (1) environmental officer position. (b) A used tire program shall submit to the Division of Environmental Quality a rei…

8 CAR § 64-1012. Level Three funding reimbursements. (a) Level Three funding reimbursements shall be provided to an eligible used tire program for equipment purchases, repairs, or maintenance that are scheduled or planned at least six (6) months before and included in the busines…

8 CAR § 64-1013. Reporting and oversight requirements. (a)(1) The used tire program shall follow a budget and maintain an orderly accounting system to document used tire revenues and expenditures. (2) The used tire program shall observe all applicable accounting procedures and ru…

8 CAR § 64-1014. Administrative and incentive grants. (a) The Director of the Division of Environmental Quality may use not more than ten percent (10%) of the moneys available in the Used Tire Recycling Fund each fiscal year: (1) For waste tire site abatement aid to be used only …

8 CAR § 64-1015. Conditions of grant award. (a) The Division of Environmental Quality may attach conditions to the award to ensure all grant projects: (1) Promote recycling or beneficial use; (2) Do not pose a potential threat to human health, safety, or the environment; (3) Will…

8 CAR § 64-1016. Suspension or termination of funding decisions or grant decisions. (a)(1) Upon written notice by the Director of the Division of Environmental Quality or designee to the affected used tire program or grantee, a reimbursement or grant may be suspended or terminate…

8 CAR § 64-1017. Reimbursement of funds to the division. (a) The Director of the Division of Environmental Quality may order the used tire program or grantee to reimburse the Division of Environmental Quality a part of, or all of, the funds awarded if the director determines that…

8 CAR § 64-102. Purpose. (a) The purpose of the Tire Accountability Program is to: (1) Reimburse used tire programs for used tire recycling and disposal costs; (2) Incentivize recycling used tires collected; (3) Provide accountability for the disbursement of moneys to used tire p…

8 CAR § 64-103. Legislative intent. The General Assembly made the following determinations related to used tires: (1) If not properly managed, used tires pose a potential threat to human health and safety and the environment because used tires: (A) Are a known breeding habitat fo…

8 CAR § 64-104. Applicability. A person who receives funding under this part, tire collection centers, tire retailers, tire processing facilities, tire transporters, tire generators, waste tire sites, and commercial generators are subject to: (1) All provisions in Arkansas Code T…

8 CAR § 64-105. Market development. (a) The used tire program shall develop market opportunities for recycling and beneficial use of used tires and used tire materials, including tire-derived fuel. (b) The market sectors for recycling and beneficial use of used tires could includ…

8 CAR § 64-106. Definitions. As used in this part, the following definitions apply: (1) “Abatement” means the removal of used tires from a waste tire site, stockpile, or other site with accumulations of whole or shredded used tires; (2) “Access-controlled collection center” means…

8 CAR § 64-1101. Project approval. (a) Proposed beneficial use projects shall require written approval by both the used tire program and the Division of Environmental Quality. (b)(1) The used tire program, where used tires or residuals will be used, shall set any policies, form a…

8 CAR § 64-1102. Project proposal requirements. (a) The Division of Environmental Quality, at its discretion, may require the beneficial use proposal to be prepared by a professional engineer registered in the State of Arkansas. (b) The beneficial use proposal shall include the f…

8 CAR § 64-1103. Review considerations. The following conditions shall be considered in determining the appropriateness of proposed beneficial use project applications: (1)(A) The level of engineering, technical detail, or both provided as compared to the complexity of the benefi…

8 CAR § 64-1104. Additional safeguards. The Division of Environmental Quality reserves the right to grant written conditional approval for beneficial use projects and impose additional operating requirements, design requirements, or both, as needed to ensure: (1) Structural integ…

8 CAR § 64-1105. Financial assurance. (a) The Division of Environmental Quality may require separate financial assurance for any approved beneficial use project. (b) If the division determines a beneficial use project requires financial assurance, the financial assurance mechanis…

8 CAR § 64-1106. Exemptions. The following uses of used tires may be exempted from the review and approval requirements of this subpart as determined by the Division of Environmental Quality on a case-by-case basis: (1) A person who owns or leases real property may use five hundr…

8 CAR § 64-1201. Prohibited activities. (a) A person shall not maintain a waste tire site. (b) It is illegal for any person to dispose of tires, used tires, or portions of tires in the state unless the tires, used tires, or portions of tires are disposed of for processing or coll…

8 CAR § 64-1202. Waste tire sites. (a) This section applies to any one (1) or more of the following: (1) An owner or operator of a waste tire site; (2) Any facility permitted under this part that no longer accepts, collects, or processes tires; or (3) Any individual responsible f…

8 CAR § 64-1301. Requirements. (a) The disposal facility shall be constructed, operated, and maintained according to final plans, specifications, and operation narrative as approved by the Division of Environmental Quality and in compliance with applicable provisions of: (1) The …

8 CAR § 64-1302. Cover requirement. Tires shall be covered at least weekly, or as required by the permit, with earthen cover material or other alternate cover as approved by the Division of Environmental Quality.

8 CAR § 64-1303. Recordkeeping. (a) The owner or operator of a permitted solid waste disposal site shall record and maintain for three (3) years information regarding their activities. (b) The records shall be made available for inspection by Division of Environmental Quality per…

8 CAR § 64-1304. Annual reporting. (a) Owners and operators of waste tire disposal facilities shall submit to the Division of Environmental Quality an annual report by June 30 that summarizes the information collected regarding their activities. (b) In addition, tire disposal fac…

8 CAR § 64-1401. Tire collection centers. (a)(1) To be eligible for reimbursements under this part and the Used Tire Recycling and Accountability Act, Arkansas Code § 8-9-401 et seq., each used tire program shall establish at least one (1) tire collection center in each county th…

8 CAR § 64-1402. Permit required. (a) A tire collection center general permit is required for any one (1) or more of the following: (1) A tire retreading business where tires from tire generators, tire transporters, or the public are kept on any real property owned, leased, or ot…

8 CAR § 64-1403. Application. (a) Before beginning operation, a tire collection center shall submit a general permit application to the Division of Environmental Quality using Form TAP-6 (General Permit Notification Application) requesting coverage under the general permit prior …

8 CAR § 64-1404. Disposal fees. (a) A resident of the used tire program shall not be charged a fee for discarding four (4) or fewer used tires of any size at a tire collection center each month or more often at the discretion of the used tire program. (b) A tire generator shall n…

8 CAR § 64-1405. Recordkeeping and annual reporting. (a) The owner or operator of a tire collection center shall record and maintain for three (3) years information regarding their activities, which shall be used to annually complete Form TAP-5 (Tire Collection Center and Process…

8 CAR § 64-1406. Inspections. (a)(1) The owner or operator must inspect its facility for malfunctions and deterioration, operator errors, and discharges that may be causing or lead to: (A) Release of hazardous constituents to the environment; or (B) A potential threat to human he…

8 CAR § 64-1407. Permit fee. (a)(1) An initial permit fee of two hundred dollars ($200) is due at the time of submitting the general permit notification Form TAP-6. (2) A used tire program shall not be required to pay this permit fee. (b)(1) An annual tire collection center permi…

8 CAR § 64-1408. Storage. (a) A permitted tire collection center may collect a maximum of five thousand (5,000) loose tires or a maximum of ten thousand (10,000) compacted and baled tires at the site. (b) A tire collection center must comply with the following technical and opera…