Arkansas Administrative Code

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…

8 CAR § 64-710. Administration of the fund. The Used Tire Recycling Fund shall be administered by the Division of Environmental Quality for reimbursements and grants to used tire programs and administrative expenditures as authorized by law and rule.

8 CAR § 64-801. Registration. When a commercial generator registers with the Department of Finance and Administration as a collector of the commercial generator fee as required under this subpart, the registration will include a procedure for registering with the Division of Envi…

8 CAR § 64-802. Commercial generator fees imposed. (a) Beginning on January 1, 2018, and pursuant to Arkansas Code § 8-9-404, commercial generator fees are imposed upon the transaction of a commercial generator selling or delivering a new tire as part of fleet services. (b) As us…

8 CAR § 64-803. Amount of commercial generator fee. The commercial generator fee shall be imposed at the rate of three dollars ($3.00) for each new tire that is sold or delivered to an end user that removes a used tire from the rim and replaces it with a new tire.

8 CAR § 64-804. Exclusions and exemptions. (a) The commercial generator 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) Law…

8 CAR § 64-805. Commercial generator duties. (a) Each commercial generator shall: (1) Be registered with the Department of Finance and Administration as a commercial generator; (2) Collect the fees from the end user even if the end user elects to keep the used tire removed from t…

8 CAR § 64-806. Fee remittance procedure. (a)(1) The commercial generator fees shall be collected from the end user by the commercial generator who sells the tires to the end user and bills the end user for the tires, fees, and any other applicable taxes related to the sale and r…

8 CAR § 64-807. Fee imposed after sales tax computed. The commercial generator fees imposed by this subpart shall be added to the total cost charged by the commercial generator to the end user after all applicable gross receipts and compensating use taxes on the tires have been c…

8 CAR § 64-808. No additional charge to end user. The commercial generator shall accept at no additional cost to the end user other than those fees collected under this part any or all used tires for which an end user paid the commercial generator fee.

8 CAR § 64-809. Revenues deposited. (a) The Department of Finance and Administration shall deposit the proceeds from commercial generator 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…

8 CAR § 64-810. Administration of fund. The Used Tire Recycling Fund shall be administered by the Division of Environmental Quality for reimbursements and grants to used tire programs and administrative expenditures as authorized by law and rule.

8 CAR § 64-901. Registration. When a person who imports used tires registers with the Department of Finance and Administration as a collector of the import fee as required under this subpart, the registration will include a procedure for registering with the Division of Environme…

8 CAR § 64-902. Import fees imposed. (a) Beginning on January 1, 2018, and pursuant to Arkansas Code § 8-9-404, import fees are imposed on all used tires imported into Arkansas. (b) As used in this subpart, “proceeds from import fees” means all moneys collected and received by th…

8 CAR § 64-903. Amount of import fee. Beginning on January 1, 2018, the import fee shall be imposed at a rate of one dollar ($1.00) for each used tire that is imported into Arkansas.

8 CAR § 64-904. Exclusions and exemptions. The import fees imposed by this subpart do not apply to 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; (3) Large retreaded t…

8 CAR § 64-905. Duties of person who imports used tires. Each person who imports used tires shall: (1) Be registered with the Department of Finance and Administration as a person who imports used tires into Arkansas; (2) Pay on a monthly basis to the department the import fees fo…

8 CAR § 64-906. Fee remittance procedure. (a) The import fee imposed under this subpart shall be: (1) Paid by the person who imports the used tire into Arkansas to the Department of Finance and Administration in accordance with the Arkansas Tax Procedure Act, Arkansas Code § 26-1…

8 CAR § 64-907. Revenues deposited. (a) The Department of Finance and Administration shall deposit the proceeds from import 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 percentages: …

8 CAR § 64-908. Administration of the fund. The Used Tire Recycling Fund shall be administered by the Division of Environmental Quality for reimbursements and grants to used tire programs and administrative expenditures as authorized by law and rule.

8 CAR § 80-1001. Severability. (a) The provisions of this part are severable. (b) If any part of this part is declared invalid or unenforceable by a court, the remainder of the part will continue to be valid and enforceable.

8 CAR § 80-1002. 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 § 80-101. Purpose and title. The purpose of the Arkansas Pollution Control and Ecology Commission’s Storage Tank Rules, 8 CAR pt. 80, is to regulate underground storage tank systems and certain aboveground storage tank systems to protect the public health and the lands and …

8 CAR § 80-102. Authority. This part is promulgated under the authority of Arkansas Code § 8-7-801 et seq., and the Petroleum Storage Tank Trust Fund Act, Arkansas Code § 8-7-901 et seq.

8 CAR § 80-103. Definitions. (a) Except for the definitions of “owner”, “person”, and “release” found at 40 C.F.R. § 280.12, the definitions set forth in 40 C.F.R. §§ 280.12 and 280.92 are all adopted by reference herein. (b) As used in this part, unless the context otherwise req…

8 CAR § 80-104. Incorporation of federal regulations. (a) The following regulations promulgated on or before August 24, 2018 by the United States Environmental Protection Agency are hereby adopted as provisions of this part as though set forth herein line for line and word for wo…

8 CAR § 80-105. Records. (a) In addition to any other records required to be maintained under the Regulated Substance Storage Tank Program, the Petroleum Storage Tank Trust Fund Act, Arkansas Code § 8-7-901 et seq., or this part, all owners or operators shall maintain and submit …

8 CAR § 80-106. Entry and inspection of underground storage tank facilities. Any owner or operator of an underground storage tank system shall, upon request of a duly authorized representative of the Division of Environmental Quality, permit the representative to enter the proper…

8 CAR § 80-107. Entry and inspection of aboveground storage tank facilities. The Division of Environmental Quality shall have the authority to enter upon the property of any owner or operator of an aboveground storage tank to obtain information, conduct surveys, or review records…

8 CAR § 80-108. Notice requirements. (a) The Division of Environmental Quality must be given timely notice of any release as required by 40 C.F.R. pt. 280, subpt. E. (b)(1) The requirement for giving timely notice of a release from an aboveground storage tank system shall be the …

8 CAR § 80-109. Secondary containment. (a)(1) Each new underground storage tank or piping connected to any new underground storage tank1 shall be secondarily contained and monitored for leaks. (2) In the case of a new underground storage tank system consisting of one (1) or more …