Arkansas Administrative Code

8 CAR § 64-202. Eligibility for reimbursement. To be eligible for reimbursements under this part 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 Cod…

8 CAR § 64-203. Optional activities. A used tire program that receives reimbursements from the Used Tire Recycling Fund, the Used Tire Recycling and Accountability Act, Arkansas Code § 8-9-401 et seq., and this part may: (1) Contract with a tire processing facility; (2) Remove or…

8 CAR § 64-204. Additional fees for extra-large tires. (a)(1) A used tire program that accepts extra-large tires may establish its own fees for accepting extra-large tires. (2) Agricultural tires are exempted from fees provided advanced arrangements are made with the used tire pr…

8 CAR § 64-205. Maximum quantity of tires. (a)(1) An individual who is a resident of a used tire program may discard no more than four (4) used tires of any size per month without an additional fee. (2) Agricultural businesses are considered individuals for purposes of this secti…

8 CAR § 64-206. Tire disposal facility restrictions. (a) No new tire disposal facilities shall be permitted unless the applicant demonstrates that there is no feasible recycling alternative. (b) Tire disposal facilities shall be permitted, designed, constructed, and operated in a…

8 CAR § 64-207. Enforcement. A used tire program is subject to penalties, enforcement, or both for noncompliance with this part including: (1) Failure to submit a business plan as required under Subpart 3 of this part; (2) Failure to submit a revised business plan upon written no…

8 CAR § 64-208. Penalties. (a) If a used tire program fails to submit a business plan that is approved by the Division of Environmental Quality, the used tire program is: (1) Ineligible to receive funding from the Used Tire Recycling Fund; (2) Prohibited from administering and op…

8 CAR § 64-209. Used tire management plan. (a) Each used tire program shall develop a used tire management plan that includes the following: (1) Listing of all waste tire sites within the used tire program area (site name and address); (2) The quantity of waste tires located at e…

8 CAR § 64-301. Initial business plans. (a) A used tire program that receives funding from the Used Tire Recycling Fund shall have a Division of Environmental Quality-approved business plan that establishes its current operation expenses and proposed future operation plans. (b) T…

8 CAR § 64-302. Overview information. Used tire program overview information shall include any of the following information as determined applicable by the Division of Environmental Quality: (1) Square mileage of the used tire program; (2) Population served by the used tire progr…

8 CAR § 64-303. Minimum required information. The minimum required information for the business plan is: (1) Operation information from the previous twelve (12) months to include: (A) An explanation of debt and debt repayment obligations, including scheduled payments and to whom …

8 CAR § 64-304. Revised business plans. (a) A used tire program shall provide an updated business plan to the Division of Environmental Quality related to operational changes and long-term planning within thirty (30) calendar days of the operational or planning changes. (b) A rev…

8 CAR § 64-305. Approval process. (a) The Division of Environmental Quality or its designee shall evaluate the efficiency, sustainability, and accountability of each used tire program and its proposed cost of managing small tires and large tires for approval of the business plan …

8 CAR § 64-306. Effective date. A business plan or revised business plan submitted is effective upon written approval by the Division of Environmental Quality or its designee, the Arkansas Pollution Control and Ecology Commission, and Legislative Council.

8 CAR § 64-307. Failure to submit an approved business plan. (a) If a used tire program fails to submit a new business plan for approval by the Division of Environmental Quality on or before September 1, 2023, the used tire program is: (1) Ineligible to receive funding from the U…

8 CAR § 64-308. Designated qualified entity. (a) The Division of Environmental Quality may designate a qualified entity to perform the duties related to the operation and administration of a used tire program deemed ineligible under this part. (b) A qualified entity that is desig…

8 CAR § 64-401. Generally. The used tire program will be evaluated for performance and efficiency by the Division of Environmental Quality under the Tire Accountability Program.

8 CAR § 64-402. Performance indicators. The Division of Environmental Quality will evaluate the business plans using the following performance indicators for each used tire program: (1) The quantity of: (A) Recyclable tires; and (B) Waste tires disposed in a landfill; (2) The num…

8 CAR § 64-403. Biennial evaluations. (a) The Division of Environmental Quality will conduct evaluations of the business plans every two (2) years for each used tire program. (b) The first evaluation will be completed on or before December 31, 2018.

8 CAR § 64-501. Purpose. (a) The purpose of this subpart is to establish procedures for implementing and administering the electronic uniform used tire manifest system (e-manifest system). (b) The purpose of the e-manifest system is to provide accountability and sustainability by…

8 CAR § 64-502. E-manifest system use required. (a) Beginning on January 1, 2018, and except as provided under subsection (c) of this section, the following entities shall use Form TAP-11 to accurately document all information related to the collection, transportation, distributi…

8 CAR § 64-503. Submission of e-manifest information on paper. If any person required to use the e-manifest system under this subpart is unable to use the e-manifest system, the person may submit to the used tire program an equivalent paper version (Form TAP-11) developed by the …

8 CAR § 64-504. Submitting e-manifests. (a)(1) A person required to use the e-manifest system shall submit a new e-manifest or paper manifest for each transaction involving the collection, transportation, distribution, recycling, or disposal of: (A) Recyclable tires; (B) Waste ti…

8 CAR § 64-505. Timely submission of accurate data. (a) Every person required to use the e-manifest system shall submit data that accurately reflects each transaction, whether the data is entered electronically or submitted in paper form. (b) To be considered a timely submission …

8 CAR § 64-506. Falsification or alteration of e-manifest system data. (a) A person shall not falsify or alter any e-manifest system data, whether on the paper Form TAP-11 or the e-manifest system form, provided by that person or any other person. (b) Any errors made or discovere…

8 CAR § 64-601. Registration. When a tire generator registers with the Department of Finance and Administration as a collector of the rim removal fee, the registration will include a procedure for registering with the Division of Environmental Quality to obtain an identifying num…

8 CAR § 64-602. Types of tire generators. Tire generators include: (1) A tire retailer; (2) A tire transporter; (3) A tire wholesaler; (4) A tire manufacturer; (5) A manufacturer of retreaded tires; (6) A new car dealer; (7) A used car dealer; (8) An auto repair shop; or (9) A sa…

8 CAR § 64-603. Exclusions and limitations. A tire generator shall not be deemed a commercial generator unless the tire generator acts as a commercial generator for a transaction that is subject to the commercial generator fee.

8 CAR § 64-604. Tire retailers. Each tire retailer shall: (1) Be registered with the Department of Finance and Administration as a collector of rim removal fees; (2) Collect the fees from the purchaser even if the purchaser elects to keep the used tire removed from the rim; (3) P…

8 CAR § 64-605. Tire transporters. (a) For all tire transporters licensed on or after January 1, 2018, a tire transporter shall meet the following requirements to perform or be compensated for any duties under this part: (1) Obtain a tire transporter license for each vehicle to b…

8 CAR § 64-606. Tire wholesalers. If a tire wholesaler removes used tires from the rim, the tire wholesaler shall: (1) Be registered with the Department of Finance and Administration as a collector of rim removal fees; (2) Collect the fees from the purchaser even if the purchaser…

8 CAR § 64-607. Tire manufacturers. (a) A tire manufacturer shall be registered with the Division of Environmental Quality as a tire manufacturer and have an identifying number issued by the division. (b) Waste tires originating from a tire manufacturer shall be deposited at a pe…

8 CAR § 64-608. New and used car dealers. If a new or used car dealer removes an unused or used tire from the rim, the new or used car dealer shall: (1) Be registered with the Department of Finance and Administration as a collector of rim removal fees; (2) Collect the fees from t…

8 CAR § 64-609. Auto repair shops. If an auto repair shop removes a used tire from the rim and replaces it with a new or used tire, the auto repair shop shall: (1) Be registered with the Department of Finance and Administration as a collector of rim removal fees; (2) Collect the …

8 CAR § 64-610. Salvage yards. If a salvage yard removes a used tire from the rim and replaces it with a new or used tire, the salvage yard shall: (1) Be registered with the Department of Finance and Administration as a collector of rim removal fees; (2) Collect the fees from the…

8 CAR § 64-611. Reporting of material changes. (a)(1) A tire generator shall provide written notice to the Division of Environmental Quality within thirty (30) calendar days of any material change that affects its: (A) Permit; (B) License; or (C) Registration. (2) A material chan…

8 CAR § 64-612. Recordkeeping. (a) Except as otherwise provided in this subpart, a tire generator licensed or registered under this subpart shall maintain all documents related to its used tire duties for three (3) years. (b) The documents maintained by the tire generator shall a…

8 CAR § 64-613. Compliance. A tire generator is required to comply with this subpart and all other applicable portions of this part and the Used Tire Recycling and Accountability Act, Arkansas Code § 8-9-401 et seq.

8 CAR § 64-701. Registration. When a tire generator registers with the Department of Finance and Administration as a collector of the rim removal fee as required under this subpart, the registration will include a procedure for registering with the Division of Environmental Quali…

8 CAR § 64-702. Rim removal fees imposed. (a) Beginning on January 1, 2018, and pursuant to Arkansas Code § 8-9-404, rim removal fees are imposed upon the transaction of removing a tire from a rim that is related to the sale of a replacement tire by a tire retailer. (b) As used i…

8 CAR § 64-703. Amount of rim removal fee. Beginning on January 1, 2018, the rim removal fee shall be imposed at the rate of: (1) Three dollars ($3.00) for each new tire that replaces a tire removed from a rim; and (2) One dollar ($1.00) for each used tire that replaces a tire re…

8 CAR § 64-704. Exclusions and exemptions. (a) The rim removal fees imposed by this subpart do not apply to the sale of any of the following: (1) A solid wheel rim with an integral rubber covering; (2) A tire used on a: (A) Nonmotorized bicycle; (B) Golf cart; or (C) Lawn mower; …

8 CAR § 64-705. Duties. Each tire retailer shall: (1) Be registered with the Department of Finance and Administration as a collector of rim removal fees; (2) Collect the fees from the purchaser even if the purchaser elects to keep the used tire removed from the rim; (3) Pay on a …

8 CAR § 64-706. Fee remittance procedure. (a)(1) The rim removal fees shall be collected from the purchaser by the tire retailer and remitted to the Secretary of the Department of Finance and Administration. (2) However, the tire retailer may retain five percent (5%) of the rim r…

8 CAR § 64-707. Fees imposed after sales taxes computed. The rim removal fees imposed by this subpart shall be added to the total cost charged by the tire retailer to the purchaser after all applicable gross receipts and compensating use taxes on the tires have been computed and …

8 CAR § 64-708. No additional charge to purchaser. The tire retailer shall accept at no additional cost to the purchaser other than those fees collected under this part any or all used tires for which a purchaser paid the rim removal fee.

8 CAR § 64-709. Revenues deposited. (a) The Department of Finance and Administration shall deposit the proceeds from rim removal fees collected under Arkansas Code § 8-9-404 into the State Treasury as special revenues to the credit of the following funds in the following percenta…