Arkansas Administrative Code

8 CAR § 270-603. Illegal dumping — Prohibited acts. (a) It shall be illegal for any person: (1) To construct, install, alter, modify, use, or operate any facility or site on any property for the purpose of either receiving, storing, or processing of solid waste without an appropr…

8 CAR § 270-604. Illegal dumping — Enforcement options. Any person who violates a provision of 8 CAR §§ 270-601 – 270-605 may be subject to the following enforcement actions: (1) A civil complaint filed pursuant to Arkansas Code § 8-6-505; (2) A citation issued by a duly authoriz…

8 CAR § 270-605. Illegal dumping — Penalties. (a)(1) Any person who violates any provision of 8 CAR §§ 270-601 – 270-605 is in violation of Sebastian County Regional Solid Waste Management District rules and is also guilty of a misdemeanor under Arkansas Code § 8-6-722. (2) Upon …

8 CAR § 270-606. Illegal burning — Purpose. 8 CAR §§ 270-606 – 270-609 is being enacted to provide for a variety of mechanisms for the Sebastian County Regional Solid Waste Management District to enforce violations of Arkansas laws and rules governing the illegal burning of solid…

8 CAR § 270-607. Illegal burning — Prohibited acts. It shall be illegal for any person to burn solid wastes in a manner inconsistent with Arkansas Pollution Control and Ecology Commission, Arkansas Air Pollution Control Code, 8 CAR pt. 40.

8 CAR § 270-608. Illegal burning — Enforcement options. Any person who violates a provision of 8 CAR §§ 270-606 – 270-609 may be subject to the following enforcement actions: (1) A civil complaint filed pursuant to Arkansas Code § 8-6-505; (2) A citation issued by a duly authoriz…

8 CAR § 270-609. Illegal burning — Penalties. (a)(1) Any person who violates any provision of 8 CAR §§ 270-606 – 270-609 is guilty of 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) d…

8 CAR § 290-101. Definitions. For the purposes of this part, the following definitions shall apply: (1) “APA” means the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq., as amended from time to time; (2) “ADEQ” or “division” means the Division of Environme…

8 CAR § 290-201. Proposed rulemaking action. At any Board of Directors of the Southeast Arkansas Regional Solid Waste Management District meeting, the board may adopt, amend, or repeal any rule, consistent with the requirements of this subpart.

8 CAR § 290-202. Notice of proposed rulemaking action. (a) Notice of the proposed new rule, amendment, or repeal of an existing rule, shall be given to the public at least thirty (30) days prior to any proposed rulemaking action. (b) The notice shall: (1) State the substance of t…

8 CAR § 290-203. Public comment. The Southeast Arkansas Regional Solid Waste Management District shall afford all interested persons reasonable opportunity to submit written data, views, or arguments, orally or in writing.

8 CAR § 290-204. Public hearing. (a) The Southeast Arkansas Regional Solid Waste Management District may hold a public hearing to take oral comments from the public concerning any proposed rulemaking action. (b) The district must hold a hearing to accept oral comments from the pu…

8 CAR § 290-205. Final action. (a) At any Board of Directors of the Southeast Arkansas Regional Solid Waste Management District meeting following the close of the public comment period and following a public hearing, if any is held, the board may act on the proposed rule by: (1) …

8 CAR § 290-206. Emergency proceedings. (a) Should the Board of Directors of the Southeast Arkansas Regional Solid Waste Management District find that imminent peril to the public health, safety, or welfare or compliance with federal laws requires adoption of a rule upon fewer th…

8 CAR § 290-207. Petition for rulemaking. (a) Any person residing or doing business within the Southeast Arkansas Regional Solid Waste Management District may petition the Board of Directors of the Southeast Arkansas Regional Solid Waste Management District for a rulemaking actio…

8 CAR § 290-208. Filing of adopted rule. The Board of Directors of the Southeast Arkansas Regional Solid Waste Management District shall file with the Secretary of State, the Arkansas State Library, and the Bureau of Legislative Research, and any other agency or legislative body,…

8 CAR § 290-209. Effective date. (a) Each rule adopted by the Board of Directors of the Southeast Arkansas Regional Solid Waste Management District shall be effective thirty (30) days after filing unless a later date is specified by law or in the rule itself. (b)(1) However, an e…

8 CAR § 290-210. Certification of rules. A copy of any rule adopted by the Board of Directors of the Southeast Arkansas Regional Solid Waste Management District may be certified by signatures of the chair of the board and secretary, or by such other method as determined by the bo…

8 CAR § 290-211. Official records. (a)(1) The Southeast Arkansas Regional Solid Waste Management District shall maintain: (A) A certified copy of every rule adopted by the Board of Directors of the Southeast Arkansas Regional Solid Waste Management District; (B) A copy of all oth…

8 CAR § 290-212. Substantial compliance. Every rulemaking action by the Board of Directors of the Southeast Arkansas Regional Solid Waste Management District after the effective date of this subpart shall be effective if the rulemaking action substantially complies with this subp…

8 CAR § 290-213. 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 § 290-214. Severability. If any provisions of any Southeast Arkansas 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 district rules w…

8 CAR § 290-301. Assessment of penalty. (a) The director, who shall keep a log of all complaints or violations as determined by the Southeast Arkansas Regional Solid Waste Management District, is granted the discretion and authority, to the extent permitted by Arkansas Code § 8-6…

8 CAR § 290-302. Form. (a) Penalties shall be assessed by a written administrative order, signed by the director or his or her authorized designee, and delivered to the person against whom the penalty is assessed, with the right to appeal and have a hearing as set out below. (b) …

8 CAR § 290-303. Request for appeal. (a) Within thirty (30) days of the receipt of any administrative order, the person against whom the order was issued can request an appeal before the Board of Directors of the Southeast Arkansas Regional Solid Waste Management District, who ma…

8 CAR § 290-304. Appeal to board. (a)(1) Persons who timely file a request for appeal shall be entitled to be heard at the first regularly scheduled Board of Directors of the Southeast Arkansas Regional Solid Waste Management District meeting following their request for appeal, u…

8 CAR § 290-305. Final agency action. The written order adopted by the Board of Directors of the Southeast Arkansas Regional Solid Waste Management District shall be the final agency action for the purpose of appeal to circuit court.

8 CAR § 290-306. Appeals to circuit court. The appellant may appeal the final agency action of the Board of Directors of the Southeast Arkansas Regional Solid Waste Management District to circuit court in the appropriate county required by the Arkansas Administrative Procedure Ac…

8 CAR § 291-101. Name. The name of the regional solid waste management district is Southeast Arkansas Regional Solid Waste Management District.

8 CAR § 291-102. Authority. (a) The Southeast Arkansas Regional Solid Waste Management District was created in July, 1989, pursuant to the provisions of Arkansas Code § 8-6-707 and Arkansas Pollution Control and Ecology Commission, Solid Waste Management Rules, 8 CAR pt. 60. (b) …

8 CAR § 291-103. Purpose. The purpose of the Southeast Arkansas Regional Solid Waste Management District is the protection of the public health and the environment through regional planning and the development and implementation of a solid waste management system.

8 CAR § 291-104. Jurisdictional boundaries. The Southeast Arkansas Regional Solid Waste Management District includes the counties of: (1) Arkansas; (2) Ashley; (3) Bradley; (4) Chicot; (5) Cleveland; (6) Desha; (7) Drew; (8) Grant; (9) Jefferson; and (10) Lincoln.…

8 CAR § 291-201. Board of directors. (a) The Southeast Arkansas Regional Solid Waste Management District shall be governed by the Board of Directors of the Southeast Arkansas Regional Solid Waste Management District. (b) The board shall plan for and oversee the operations, financ…

8 CAR § 291-202. Officers. (a)(1) The general officers of the Board of Directors of the Southeast Arkansas Regional Solid Waste Management District shall consist of a: (A) Chair; (B) Vice chair; (C) Secretary; and (D) Treasurer. (2) Officers shall serve one-year terms beginning J…

8 CAR § 291-203. Executive committee. (a) The executive committee shall consist of the officers of the Board of Directors of the Southeast Arkansas Regional Solid Waste Management District. (b) The chair of the board shall be the chair of the executive committee. (c)(1) Three (3)…

8 CAR § 291-204. Appointed committees. The chair shall have the authority to appoint committees as the need arises.

8 CAR § 291-205. Membership. Except as otherwise permitted in Arkansas Code § 8-6-703(b)(2), the membership of the Board of Directors of the Southeast Arkansas Regional Solid Waste Management District will consist of the: (1) County judge of each county within the Southeast Arkan…

8 CAR § 291-301. Meetings. (a)(1) Regular meetings of the Board of Directors of the Southeast Arkansas Regional Solid Waste Management District will be held as determined by the board. (2) The meeting date, place, and time shall be: (A) Determined by the director; and (B) Held at…

8 CAR § 291-302. Voting and quorum. (a) Each member of the Board of Directors of the Southeast Arkansas Regional Solid Waste Management District shall have one (1) vote. (b) A majority of the board members, present in person or represented by proxy, shall constitute a quorum. (c)…

8 CAR § 291-303. Amendment of bylaws. (a) These bylaws may be adopted, amended, or repealed at any meeting of the Board of Directors of the Southeast Arkansas Regional Solid Waste Management District by a majority vote of at least two-thirds (2/3) of board members present or repr…

8 CAR § 291-304. Parliamentary procedure. Robert’s Rules of Order shall govern all meetings of the Board of Directors of the Southeast Arkansas Regional Solid Waste Management District and executive committee.

8 CAR § 292-101. Description. (a)(1) The Board of Directors of the Southeast Arkansas Regional Solid Waste Management District is the designated board to conduct the solid waste planning and management responsibilities mandated in Section 4 of Acts 1989, No. 870. (2) The Board of…

8 CAR § 292-102. Definitions. For the purposes of this part: (1) “Affected persons” includes: (A) The applicant; (B) The Division of Environmental Quality; (C) The regional solid waste management board for the area in which the proposed solid waste facility is to be located; (D) …

8 CAR § 292-103. Purpose and applicability. (a) The Board of Directors of the Southeast Arkansas 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 facility disposal ca…

8 CAR § 292-104. General. (a) The Board of Directors of the Southeast Arkansas Regional Solid Waste Management District will administer a certificate of need review program within its jurisdictional boundaries. (b) Only the Board of Directors of the Southeast Arkansas Regional So…

8 CAR § 292-105. Scope of certificate of need program. (a) The Board of Directors of the Southeast Arkansas Regional Solid Waste Management District will conduct reviews for new or increased solid waste facility disposal capacity or transfer to be located, or proposed to be locat…

8 CAR § 292-106. Notice of intent. (a) Before any person submits a petition for a certificate of need, that person must notify the Board of Directors of the Southeast Arkansas Regional Solid Waste Management District at least thirty (30) days prior to the submission of said petit…