Arkansas Administrative Code

8 CAR § 83-103. Definitions. When used in connection with this part, terms shall have the meaning defined at Arkansas Code § 8-7-503, or as defined in Arkansas Pollution Control and Ecology Commission Regulation No. 23 § 260.10.

8 CAR § 83-104. Criteria for listing hazardous substance sites. (a)(1) Moneys deposited into the Hazardous Substance Remedial Action Trust Fund shall be segregated into two (2) portions: (A) Eighty percent (80%) of the annual receipts shall be designated for expenditures related …

8 CAR § 83-105. Severability. If any provision of this part or the application thereof is held invalid, its invalidity shall not affect other provisions of this part that can be given effect without the invalid provision or application, and to this end the provisions of this part…

8 CAR § 83-201. Description. (a) Hazardous substance sites listed in this subpart are those: (1) That pose a potential substantial endangerment to human health and/or the environment; and (2) For which state funds have been approved to match or supplement federal funding for reme…

8 CAR § 83-202. National Priority List sites. EPA ID No. AFIN Site Name Address/Location City County ARD08493014805-00003ARKWOOD, INC.HWY 65 1M SOMAHABOONE ARD98049618634-00077CECIL LINDSEY LANDFILL35.637562 N;-91.230540 ENEWPORTJACKSON ARD03566246918-00131GURLEY OIL PIT35.119873…

8 CAR § 83-301. Description. (a) Hazardous substance sites listed in this subpart are those that pose a potential substantial endangerment to human health and/or the environment, but do not meet the criteria for listing on the National Priority List. (b) These sites have been des…

8 CAR § 83-302. State Priority List sites. EPA ID No. AFIN Site Name Address City ZIP County ARD03543459673-00022ARKANSAS GENERAL INDUSTRIES102 MILLER STREET BALD KNOB 72010 WHITE ARD00633762072-00676BALDWIN PIANO & ORGAN CO.1101 S BEECHWOOD AVE FAYETTEVILLE 72701 WASHINGTON ARD9…

8 CAR § 83-401. Brownfield assessment funding. (a) The Director of the Division of Environmental Quality may use moneys, subject to statutory limitations, the appropriation of funding, and the availability of funding, from the Hazardous Substance Remedial Action Trust Fund to fun…

8 CAR § 83-501. Effective Date. This part and any amendments or revisions to this part are effective ten (10) days after filing the part or any amendment or revision thereof with the Secretary of State, the Arkansas State Library, and the Bureau of Legislative Research following …

8 CAR § 84-101. Purpose. The purpose of this part is to: (1) Pursuant to the Phase I Environmental Site Assessment Consultant Act, Arkansas Code § 8-7-1301 et seq. (Acts 2007, No. 1018), establish and implement a certification program to: (A) Maintain a list of Phase I consultant…

8 CAR § 84-102. Authority. The Phase I Environmental Site Assessment Consultant Act, Arkansas Code § 8-7-1301 et seq. (Acts 2007, No. 1018), and the Controlled Substances Contaminated Property Cleanup Act, Arkansas Code § 8-7-1401 et seq. (Acts 2007, No. 864), authorize the Arkan…

8 CAR § 84-103. Severability. If any provision of this part or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications hereof which can be given effect without the invalid provision or application, a…

8 CAR § 84-104. Definitions. The following terms shall have the same meaning when used in this part as established by the Act, unless the context otherwise requires: (1) “Certification and listing” means the review and approval of an individual’s education and relevant experience…

8 CAR § 84-201. Applicability. (a) The Division of Environmental Quality shall: (1) Maintain and make available to the public a list of Phase I consultants who meet the minimum qualifications for an environmental professional who undertakes a Phase I environmental site assessment…

8 CAR § 84-301. Certification criteria for Phase I consultants. (a) An applicant seeking certification to be listed as a Phase I consultant shall submit an application on forms provided by the Division of Environmental Quality and shall pay the applicable application fees. (b) Pe…

8 CAR § 84-401. Application. (a) An applicant seeking certification as a clandestine laboratory remediation contractor shall submit an application on forms provided by the Division of Environmental Quality and shall pay the applicable application fees in accordance with 8 CAR § 8…

8 CAR § 84-402. Certification criteria for clandestine laboratory remediation contractors. (a) Persons seeking certification as a clandestine laboratory remediation contractor shall maintain the following information for all employees who perform decontamination and/or cleanup wo…

8 CAR § 84-403. Financial assurance. (a) A certified clandestine laboratory remediation contractor shall provide the following financial assurances: (1) A certificate of liability insurance issued by an insurance company licensed to do business in Arkansas certifying that the app…

8 CAR § 84-601. Certification renewal. (a) Certification and listing under the provisions of this part to an individual shall be valid for two (2) years, or portion thereof, from July 1 of the year the Division of Environmental Quality adds the individual to the list of certified…

8 CAR § 84-602. Lapsed certifications. [Reserved].

8 CAR § 84-603. Certification by other states or organizations. [Reserved].

8 CAR § 84-604. Reciprocity agreements. [Reserved].

8 CAR § 84-605. Continuing education requirements. (a) Phase I consultants and certified clandestine laboratory remediation contractors shall remain current in their field through participation in continuing education or other activities. (b) Definitions. As used in this section,…

8 CAR § 84-606. Fees. (a) Any person who applies to the Division of Environmental Quality for certification and listing as a Phase I consultant shall submit as part of that application a money order, cashier’s check, or other payment method determined by the division in the amoun…

8 CAR § 84-607. Certification statement. All documents, reports, or correspondence created pursuant to activities addressed by this part, whether submitted to the Division of Environmental Quality or to a client, shall include: (1) The following certification statement: I certify…

8 CAR § 84-608. Records review. (a) The Division of Environmental Quality may inspect any records required to be kept under this part during normal business hours including, but not limited to, the following: (1) Copies of professional licenses, if applicable; (2) Copies of certi…

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…