Arkansas Administrative Code

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…

8 CAR § 270-501. Waste tire fees. (a) Truck tire recycling fee. (1) The Sebastian County Regional Solid Waste Management District hereby imposes an additional fee of three dollars and twenty-five cents ($3.25) per tire on the retail sale of each new truck tire in the district. (2…

8 CAR § 270-601. Illegal dumping — Purpose. 8 CAR §§ 601 – 605 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 dumping and disposal of …

8 CAR § 270-602. Illegal dumping — Definitions. Definitions shall be derived from 8 CAR § 270-103 or Arkansas Pollution Control and Ecology Commission, Solid Waste Management Rules, 8 CAR pt. 60, may be used if not found in Sebastian County Regional Solid Waste Management Distric…

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 Environmen…

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) …