Arkansas Administrative Code

8 CAR § 84-701. Disciplinary actions. (a) It is unlawful for any person to: (1) Make any false statement or representation in any application or certification; (2) Render inaccurate any certification issued under this part; or (3) Solicit or perform the services for which a certi…

8 CAR § 84-702. Appeals. (a) A certificate holder or other party with standing may appeal the Director of the Division of Environmental Quality’s final decision to the Arkansas Pollution Control and Commission. (b) Such an action shall be conducted as provided for in Arkansas Cod…

8 CAR § 84-801. Effective date. This part shall be in full force and effect ten (10) days after it is filed with the Secretary of State.

8 CAR § 210-101. Definitions. For the purposes of this part, the following definitions shall apply: (1) “Arkansas Administrative Procedure Act” means the Arkansas Administrative Procedure Act codified at Arkansas Code § 25-15-201 et seq., as amended from time to time; (2) “Board”…

8 CAR § 210-102. Rulemaking authority. The Board of Directors of the Northeast Arkansas Regional Solid Waste Management District may adopt rules to the full extent provided by Arkansas Code § 8-6-704.

8 CAR § 210-103. Preemption by state or federal law. (a) If any law of the State of Arkansas or the United States shall require a different method for rulemaking action in a particular situation, the provisions of this subpart shall be preempted to the extent necessary to comply …

8 CAR § 210-104. Board of directors. (a) The Northeast Arkansas Regional Solid Waste Management District shall be governed by the Board of Directors of the Northeast Arkansas Regional Solid Waste Management District. (b) The board shall: (1) Plan for and oversee the operations, f…

8 CAR § 210-105. Officers. (a) The general officers of the Board of Directors of the Northeast Arkansas Regional Solid Waste Management District shall consist of a: (1) Chair; (2) Vice chair; (3) Secretary; and (4) Treasurer. (b) Election of officers shall occur at the regular me…

8 CAR § 210-106. Appointed committees. The chair shall have the authority to appoint committees as the need arises.

8 CAR § 210-107. Meetings. (a)(1)(A) Regular meetings of the Board of Directors of the Northeast Arkansas Regional Solid Waste Management District will be held monthly. (B) The meeting date, place, and time shall be: (i) Determined by the chair; and (ii) Held at a place and time …

8 CAR § 210-108. Quorum. (a) A majority of the membership of the Board of Directors of the Northeast Arkansas Regional Solid Waste Management District, present in person or represented by proxy, shall constitute a quorum. (b) All proxies shall be in writing and filed with the cha…

8 CAR § 210-109. Parliamentary procedure. Robert’s Rules of Order shall govern all meetings of the Board of Directors of the Northeast Arkansas Regional Solid Waste Management District and any committee of board members.

8 CAR § 210-201. Applicability. (a) This subpart shall apply to: (1) Every solid waste facility proposed to be located either wholly or partially within the jurisdiction of the Northeast Arkansas Regional Solid Waste Management District or the expansion of any existing landfill w…

8 CAR § 210-202. Criteria for review. When reviewing an application for a certificate of need, the Northeast Arkansas Regional Solid Waste Management District will consider the following criteria: (1) Whether the proposed facility is consistent with the regional planning strategy…

8 CAR § 210-203. Continuing effect. (a)(1) Upon receipt of a final certificate of need from the Northeast Arkansas Regional Solid Waste Management District, the applicant has one hundred twenty (120) days in which to file a preapplication for a solid waste landfill permit with th…

8 CAR § 210-204. Notice of intent. (a) At least fifteen (15) days prior to submitting an application for a certificate of need, the applicant must notify the Northeast Arkansas Regional Solid Waste Management District, in writing, of its intent to submit such an application. (b) …

8 CAR § 210-205. Application. (a) Persons requesting a certificate of need from the Northeast Arkansas Regional Solid Waste Management District must submit an application to the district. (b) All applications for a certificate of need shall include, at a minimum, the following in…

8 CAR § 210-206. Completeness determination. (a) Within fourteen (14) days of receipt of the initial application, the Northeast Arkansas Regional Solid Waste Management District will make a completeness determination of the application. (b) Any additional information the district…

8 CAR § 210-207. Review period. (a) Once the Northeast Arkansas Regional Solid Waste Management District has determined that an application for a certificate of need is complete, it will so notify the applicant and publish notice of the review period in a newspaper having general…

8 CAR § 210-208. Public hearing. During the review period, the Northeast Arkansas Regional Solid Waste Management District will conduct a public hearing within the county where the proposed facility or modification is to be located.

8 CAR § 210-209. Determination. (a)(1) At the first scheduled Board of Directors of the Northeast Arkansas Regional Solid Waste Management District meeting following the close of the review period, the board will consider the application for a certificate of need. (2) The Directo…

8 CAR § 210-210. Appeal of decision. (a) Any interested person in a certificate of need determination shall have the right to appeal the issuance or denial of a certificate of need to the Director of the Division of Environmental Quality in accordance with Division of Environment…

8 CAR § 210-301. Notice of intent. The Northeast Arkansas Regional Solid Waste Management District is part of the District 2 Waste Tire Management Program and follows Division of Environmental Quality Used Tire Recycling and Accountability Program, 8 CAR pt. 64, for disposal, tra…

8 CAR § 210-401. Hauler’s license required. (a)(1)(A) Effective immediately, no person shall engage in the business of collection and/or transportation of solid wastes in the Northeast Arkansas Regional Solid Waste Management District without first securing a solid waste hauler’s…

8 CAR § 210-402. Standards. (a)(1) All collection and transportation systems shall meet the conditions outlined below. (2) Failure to comply with these conditions may result in a revocation of the hauler license. (b) All persons driving collection and/or transportation vehicles s…

8 CAR § 210-403. Licensing procedures. (a)(1) Any person/business subject to 8 CAR § 210-401 shall register annually with the Northeast Arkansas Regional Solid Waste Management District on a form prescribed by the district under procedures described above. (2) All persons engaged…

8 CAR § 210-404. Fees. (a) Any solid waste hauler shall be required to pay a fee of twenty dollars ($20.00) per vehicle. (b) Missing or illegible licensing stickers will result in purchasing another license as well as subjecting the person to penalties described in 8 CAR § 210-40…

8 CAR § 210-405. Penalties. (a) Registration. (1) Failure to register under this part constitutes a misdemeanor under Arkansas Code § 8-6-722. (2) Upon conviction, the person shall be subject to: (A) Imprisonment for not more than thirty (30) days; (B) A fine of not more than one…

8 CAR § 210-406. Revocation and suspension. The Northeast Arkansas Regional Solid Waste Management District may revoke or suspend a hauler’s license for failure to comply with this part.

8 CAR § 210-501. General. All landfills located within the Northeast Arkansas Regional Solid Waste Management District must conform to the requirements set forth in Arkansas Pollution Control and Ecology Commission, Solid Waste Management Rules, 8 CAR pt. 60.

8 CAR § 210-601. Applicable waste. (a) Effective immediately, there shall be assessed a fee to be paid to the Northeast Arkansas Regional Solid Waste Management District on all solid waste generated within the district or generated outside the district and brought to a processing…

8 CAR § 210-602. Fee amount. (a) A fee of two dollars ($2.00) per ton of solid waste related to the movement or disposal of solid waste within the Northeast Arkansas Regional Solid Waste Management District (Arkansas Code § 8-6-714(a)(1)(A)). (b) However, if weight tickets are no…

8 CAR § 210-603. Landfills. (a) Any landfill located within the Northeast Arkansas Regional Solid Waste Management District shall pay an amount equal to the fee in 8 CAR § 210-602 times the number of tons/cubic yards of solid waste handled. (b) Such fee will be paid according to …

8 CAR § 210-604. Solid waste material recovery facility. (a)(1) Any solid waste material recovery facility located within the Northeast Arkansas Regional Solid Waste Management District shall pay to the district an amount equal to the per ton/cubic yard fee amount in 8 CAR § 210-…

8 CAR § 210-605. Class S composting facilities. (a) Any Class S composting facility located within the Northeast Arkansas Regional Solid Waste Management District shall pay to the district an amount equal to the per-ton fee amount in 8 CAR § 210-602 times the number of tons/cubic…

8 CAR § 210-606. Transfer stations. Any transfer station located within the Northeast Arkansas Regional Solid Waste Management District shall pay to the district an amount equal to the per-yard fee amount in 8 CAR § 210-602 times the number of tons/cubic yards of solid waste hand…

8 CAR § 210-607. Schedule. Fees shall be collected no less often than each month from any hauler, transfer station, or any other person bringing solid waste to any disposal facility within the Northeast Arkansas Regional Solid Waste Management District.

8 CAR § 210-608. Violations, penalties, and enforcement. (a)(1) It shall be a violation of this part for any owner or operator of a solid waste facility or solid waste hauler to fail to comply fully with any provision of this subpart. (2) Failure to comply with any other part of …

8 CAR § 210-609. Inspections and information gathering. (a) Any solid waste facility or solid waste hauler shall, upon the request of any Northeast Arkansas Regional Solid Waste Management District-designated person, furnish information relating to any activity at the facility or…

8 CAR § 210-701. Purpose and authority. (a)(1) The purpose of this subpart is to allow the Board of Directors of the Northeast Arkansas Regional Solid Waste Management District, as the duly elected representative of the citizens of the Northeast Arkansas Regional Solid Waste Mana…

8 CAR § 210-702. Procedure. The following procedures shall be observed when considering a solid waste transfer across Northeast Arkansas Regional Solid Waste Management District boundaries for the purpose of disposal and/or storage: (1) The person or persons must submit in writin…

8 CAR § 210-703. Criteria. (a)(1) The Board of Directors of the Northeast Arkansas Regional Solid Waste Management District will consider but will not be limited to the following criteria when deciding upon a request for a solid waste transfer. (2) Information relative to the cri…

8 CAR § 210-801. Purpose. (a)(1) The primary purpose of the Northeast Arkansas Regional Solid Waste Management District’s illegal dumps program is to remediate illegal dumps using the resources of the perpetrator or perpetrators responsible for the illegal dumping. (2) The second…

8 CAR § 210-802. Complaints. The Board of Directors of the Northeast Arkansas Regional Solid Waste Management District and the Director of the Northeast Arkansas Regional Solid Waste Management District will endeavor to keep the name of any person making complaints to the Northea…

8 CAR § 210-803. Assessment and evaluation. The Board of Directors of the Northeast Arkansas Regional Solid Waste Management District may develop and implement a document that may include but not be limited to: (1) The procedures for receiving complaints; (2) The mechanism or mec…

8 CAR § 230-101. Organization. (a) Authorization. Formation of the Pulaski County Regional Solid Waste Management District was authorized by Arkansas Pollution Control and Ecology Commission Minute Order 92-25, dated April 24, 1992, pursuant to Acts 1991, No. 752. (b) Jurisdictio…

8 CAR § 230-102. Purpose. (a) The purpose of the Pulaski County Regional Solid Waste Management District is the protection of the public health and the state's environmental quality through the development and maintenance of a solid waste management district for Pulaski County an…