Arkansas Administrative Code

8 CAR § 253-103. Reporting and oversight requirements. (a) Recordkeeping. All grantees shall maintain an accurate accounting system to document that grant expenditures are made in accordance with the project budget. (b) Reporting. (1) The documentation approving each grant shall …

8 CAR § 253-104. General grant conditions. (a) Modifications. After the Saline County Regional Solid Waste Management District has approved a grant, modifications may be made to the grant project if the grantee submits adequate documentation of the proposed changes and receives a…

8 CAR § 270-101. Purpose and authority. (a) The purpose of this part is to assure the proper management of solid waste generated within the Sebastian County Regional Solid Waste Management District or generated outside the district and brought to a processing, transfer, material …

8 CAR § 270-102. Administration. The Director of the Sebastian County Regional Solid Waste Management District shall administer, implement, and enforce the provisions of this part.

8 CAR § 270-103. Definitions. For the purposes of Sebastian County Regional Solid Waste Management District rules, the following definitions shall apply: (1) "ADEQ" means the Division of Environmental Quality; (2) "APC&EC" means the Arkansas Pollution Control and Ecology Commissi…

8 CAR § 270-104. Authority to enforce other regulations. (a)(1) For the purposes of providing intergovernmental support to all governmental jurisdictions within the Sebastian County Regional Solid Waste Management District, the district shall be empowered to act as a legal agent …

8 CAR § 270-105. Rulemaking — Purpose and authority. At any Board of Directors of the Sebastian County Regional Solid Waste Management District’s meeting, the board may adopt proposed or final: (1) New rules; (2) Modifications to existing rules; or (3) Repeal of any existing rule…

8 CAR § 270-106. Rulemaking — Notice of proposed action. (a) Notice of the proposed new rule, modification of an existing rule, or repeal of an existing rule shall be given to the public via publication in the following publication: the Southwest Times Record. (b)(1) Notice will …

8 CAR § 270-107. Rulemaking — Public comment. (a) The notice in 8 CAR § 270-106 shall solicit written comments from the public for a period of not less than thirty (30) days. (b) The notice shall also provide the address where all comments should be sent.

8 CAR § 270-108. Rulemaking — Public hearing. (a) The Sebastian County Regional Solid Waste Management District may, at its sole discretion, hold a public hearing to take oral comments from the public concerning any proposed action. (b)(1) The district must hold a hearing to acce…

8 CAR § 270-109. Rulemaking — Final action. (a) At any Board of Directors of the Sebastian County Regional Solid Waste Management District meeting following the close of the public comment period or any public hearing, the board may act on the proposal by: (1) Adopting it as orig…

8 CAR § 270-110. Rulemaking — Emergency proceedings. (a) Should the Sebastian County Regional Solid Waste Management District find that imminent peril to the public health, safety, or welfare requires adoption of a rule upon fewer than thirty (30) days’ notice, and states in writ…

8 CAR § 270-111. Rulemaking — Filing. The Sebastian County Regional Solid Waste Management District shall file with the Secretary of State, the Arkansas State Library, and the Bureau of Legislative Research a certified copy of each rule adopted by it, and a statement of financial…

8 CAR § 270-112. Rulemaking — Effective date. (a) Each rule adopted by the Sebastian County Regional Solid Waste Management District shall be effective ten (10) days after filing unless a later date is specified by law or in the rule itself. (b)(1) However, an emergency rule may …

8 CAR § 270-113. Rulemaking — Certification of rules. A copy of any rule adopted by the Board of Directors of the Sebastian County Regional Solid Waste Management District may be certified by: (1) Signature of the chair and secretary/treasurer of the board; or (2) Such other meth…

8 CAR § 270-114. Rulemaking — Official records. (a)(1) The Sebastian County Regional Solid Waste Management District shall maintain a certified copy of every rule adopted by the district. (2) This copy shall be kept at the principal office of the district. (b) A copy of each noti…

8 CAR § 270-115. Rulemaking — Substantial compliance. Every rulemaking action by the Sebastian County Regional Solid Waste Management District after the effective date of this subpart shall be effective if the rulemaking action substantially complies with this subpart.

8 CAR § 270-116. Rulemaking — 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 necessa…

8 CAR § 270-117. Rulemaking — Severability. If any provision of any Sebastian County Regional Solid Waste Management District rule or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of distri…

8 CAR § 270-201. Description. (a) The Board of Directors of the Sebastian County Regional Solid Waste Management District is the designated board to conduct the solid waste planning and management responsibilities mandated by state law. (b) This board has been duly designated und…

8 CAR § 270-202. Definitions. As used herein, the terms listed below shall have the following meanings: (1) “Affected persons" includes: (A) The applicant; (B) The Division of Environmental Quality regional solid waste management boards (RSWMBs) and solid waste service area board…

8 CAR § 270-203. Purpose and applicability. (a) The Board of Directors of the Sebastian County Regional Solid Waste Management District will administer the certificate of need review program which: (1) Applies to the offering of new or increased solid waste landfill and/or transf…

8 CAR § 270-204. General. (a) The Board of Directors of the Sebastian County Regional Solid Waste Management District will administer within Sebastian County a certificate of need review program. (b) Only the board will issue or deny certificates of need for proposed landfill and…

8 CAR § 270-205. Scope of certificate of need program. (a) The Board of Directors of the Sebastian County Regional Solid Waste Management District will conduct reviews for new or increased solid waste landfill and/or transfer station capacity to be located or proposed to be locat…

8 CAR § 270-206. Notice of intent. (a) At least thirty (30) days prior to submitting a petition for a certificate of need, the petitioner must notify the Board of Directors of the Sebastian County Regional Solid Waste Management District, in writing, of the intent to submit such …

8 CAR § 270-207. Enforcement. The certificate of need program provides that: (1) No certificate of need application will be accepted, nor will a certificate of need be issued, to any applicant where the solid waste landfill disposal capacity for the proposed service area and clas…

8 CAR § 270-208. Procedures for review of applications for certificates of need. (a) Notice of the beginning of a review. (1)(A) Timely written notification will be sent to affected persons at the beginning of a review, and to any person or entity that has requested their name be…

8 CAR § 270-209. Criteria for review. The Board of Directors of the Sebastian County Regional Solid Waste Management District will utilize the following criteria in its review of petitions for certificates of need: (1) 8 CAR § 270-204(c) – (e); (2) The information provided by the…

8 CAR § 270-210. Continuous effect of a certificate of need. (a)(1) When the Board of Directors of the Sebastian County Regional Solid Waste Management District grants a certificate of need, the applicant shall be required to submit a preapplication to the Division of Environment…

8 CAR § 270-211. The sixty-day application process. (a) The following is a summary of the process of submitting and the progression of an application for a certificate of need. (b) Each step in the process must be completed prior to a certificate of need being issued or denied: (…

8 CAR § 270-212. Appeal of decisions of the board. Any interested party to a certificate of need determination by the Board of Directors of the Sebastian County Regional Solid Waste Management District may appeal the decision to the Director of the Division of Environmental Quali…

8 CAR § 270-301. Purpose. (a) The Board of Directors of the Sebastian County Regional Solid Waste Management District is required by Acts 1991, No. 752, to enact and enforce a licensing program for all haulers who collect or transport solid waste in the Sebastian County Regional …

8 CAR § 270-302. Scope. (a) A person who regularly, more than five (5) times a year, engages in the business of hauling solid waste must obtain a license from the Board of Directors of the Sebastian County Regional Solid Waste Management District if the person is engaged in the: …

8 CAR § 270-303. Licensing standards and requirements. (a) Any person who transports solid waste shall: (1) Hold the appropriate driver's license as defined by Arkansas state law; and (2) Annually register all collection vehicles with the Board of Directors of the Sebastian Count…

8 CAR § 270-304. Fees. (a) The Board of Directors of the Sebastian County Regional Solid Waste Management District shall assess the following annual fees for licensing the collection and transportation of solid waste in the Sebastian County Regional Solid Waste Management Distric…

8 CAR § 270-401. Definitions. For the purposes of this subpart, the following definitions shall apply: (1) "ADEQ" or "division" means the Division of Environmental Quality; (2) "Administrative order'' means the written finding of the Sebastian County Regional Solid Waste Manageme…

8 CAR § 270-402. Applicable waste. (a) Starting May 16, 2011, there shall be assessed a fee, to be paid to the Sebastian County Regional Solid Waste Management District, on all solid waste generated: (1) Within the district; or (2) Outside the district and brought to a processing…

8 CAR § 270-403. Fee amount. (a) The amount of the fee assessed shall be one dollar and seventy cents ($1.70) per ton of solid waste handled. (b) If weight tickets are not available, the fee shall be calculated on a volume basis as follows: (1) Twenty-five cents (25¢) per uncompa…

8 CAR § 270-404. Landfills. (a) Any landfill located within the Sebastian County Regional Solid Waste Management District shall pay to the district an amount equal to the fee amount in 8 CAR § 270-403. (b) Such fee shall be paid according to the schedule listed in 8 CAR § 270-406…

8 CAR § 270-405. Solid waste transporters. Any person or hauler who collects solid waste generated in the Sebastian County Regional Solid Waste Management District but transports it out of the district shall be required to submit the applicable fee in 8 CAR § 270-403 according to…

8 CAR § 270-406. Schedule. (a)(1) Fees shall be paid to the Sebastian County Regional Solid Waste Management District monthly. (2) For all wastes handled during the prior month, payment will be due by the tenth of the following month. (b)(1) Fees must be submitted along with a So…

8 CAR § 270-407. Intent. It is the intention under this part for all waste that is generated or disposed of within the Sebastian County Regional Solid Waste Management District to be assessed a fee by the district one (1) time only.

8 CAR § 270-408. Violations. It shall be a violation for any owner or operator of a solid waste facility or solid waste hauler to fail to comply fully with any provision of a rule of this subpart.

8 CAR § 270-409. Penalties. A penalty of up to five thousand dollars ($5,000) per violation per day of violation may be assessed against any person violating the provisions of this subpart.

8 CAR § 270-410. Enforcement. The Director of the Sebastian County Regional Solid Waste Management District is authorized to seek the approval of the Board of Directors of the Sebastian County Regional Solid Waste Management District to institute legal and/or equitable action in …

8 CAR § 270-411. Inspection and information gathering. (a) Any solid waste facility or solid waste hauler shall, upon the request of any Sebastian County Regional Solid Waste Management District-designated person: (1) Furnish information relating to any activity at the facility o…

8 CAR § 270-412. Severability. If any provision of this subpart or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this subpart which can be given effect without the invalid provision or a…