Arkansas Administrative Code

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…

8 CAR § 292-107. 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 facility disposal capacity for the respective area and class or c…

8 CAR § 292-108. Adoption and public notice of review procedures and criteria. (a)(1) Before the Board of Directors of the Southeast Arkansas Regional Solid Waste Management District adopts these proposed review procedures and criteria, or any revisions to the proposed review pro…

8 CAR § 292-109. Procedures for certificate of need review. (a) Notification of the beginning of a review. (1) Timely written notification will be sent to affected persons at the beginning of a review of an application for a certificate of need and to any person who has requested…

8 CAR § 292-110. Criteria for review of certificate of need applications. The Board of Directors of the Southeast Arkansas Regional Solid Waste Management District will utilize the following criteria in its review of petitions for certificates of need: (1) 8 CAR § 292-104(c) – (e…

8 CAR § 292-111. Continuing effect of a certificate of need. (a)(1) When the Board of Directors of the Southeast Arkansas Regional Solid Waste Management District grants a certificate of need, the obligation for such approval shall be the submission of a preapplication to the Div…

8 CAR § 292-112. The sixty-day application process for certificate of need reviews. (a) The following is a summary of the process for submitting and the progression of an application for a certificate of need. (b) Each step in the process must be completed prior to issuing or den…

8 CAR § 292-113. Appeals of decisions of the board. Any interested party to a certificate of need determination by the Board of Directors of the Southeast Arkansas Regional Solid Waste Management District may appeal the decision to the Director of the Division of Environmental Qu…

8 CAR § 293-101. Applicable waste. (a) Starting April 1, 2013, there shall be assessed a fee to be paid to the Southeast Arkansas Regional Solid Waste Management District on all solid waste, sludge, and discarded material generated: (1) Within the district that is collected and d…

8 CAR § 293-102. Effective date. The fees imposed by this part are mandatory and are effective on and after April 1, 2013.

8 CAR § 293-103. Waste disposal or transportation fees. The amount of fee assessed shall be one dollar and twenty-five cents ($1.25) per ton of applicable waste as set forth in 8 CAR § 293-101.

8 CAR § 293-201. Landfills and disposal facilities. (a) Any landfill or disposal facility in the Southeast Arkansas Regional Solid Waste Management District shall pay to the district an amount equal to the per-ton fee amount in 8 CAR § 293-103 times the number of tons of solid wa…

8 CAR § 293-202. Waste haulers. (a) Any waste hauler that hauls or transports solid waste, sludge, or discarded material to a landfill outside of the Southeast Arkansas Regional Solid Waste Management District or a processing, transfer, or disposal facility outside of the distric…

8 CAR § 293-203. Reporting and payment schedule. (a)(1) Each landfill or disposal facility within the Southeast Arkansas Regional Solid Waste Management District, except for permitted landfills where a private industry bears the expense of operating and maintaining the landfill s…

8 CAR § 293-301. 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 this part.

8 CAR § 293-302. Penalties. A penalty of up to one thousand dollars ($1,000) per violation per day of violation may be assessed against any person violating the provisions of this part in addition to any fees otherwise due from such person under this part.

8 CAR § 293-303. Enforcement. The director is authorized to seek the approval of the Board of Directors of the Southeast Arkansas Regional Solid Waste Management District to institute legal and/or equitable action in the appropriate courts to enforce any violation of this part.…

8 CAR § 293-304. Inspection and information gathering. (a) Any landfill or a processing, transfer, or disposal facility which receives waste generated in the Southeast Arkansas Regional Solid Waste Management District shall, upon the request of any district-designated person: (1)…

8 CAR § 293-305. 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 of this part which can be given effect without the invalid provision or applica…

8 CAR § 294-101. Definitions. As used in this part: (1) “Exempt hauler” means haulers exempt from licensing under this part and includes: (A) Individuals hauling only their own household waste to a permitted facility; (B) The transport of solid waste from an industrial facility t…

8 CAR § 294-102. Effective date. The requirements and fees imposed by this part are mandatory and are effective on and after February 1, 2014.

8 CAR § 294-103. License requirement. (a) All nonexempt haulers must obtain a hauler license. (b) A hauler license will only be issued to: (1) A person; (2) A partnership; (3) A corporation; (4) An association; (5) The State of Arkansas; (6) A political subdivision of the state; …

8 CAR § 294-104. Hauler standards. All haulers shall comply with the standards for haulers set forth in this part and in Arkansas Pollution Control and Ecology Commission, 22.202(g), except that exempt haulers shall not be required to comply with the licensing standards set forth…

8 CAR § 294-105. Licensing standards. All nonexempt haulers shall: (1) Hold the appropriate driver’s license as defined by Arkansas state law; and (2) Annually register all collection vehicles with the Southeast Arkansas Regional Solid Waste Management District provided on or att…

8 CAR § 294-106. Reporting requirement. (a) All licensed haulers shall submit to the Southeast Arkansas Regional Solid Waste Management District on or before January 15, April 15, July 15, and October 15 of each year a quarterly report which accurately states the: (1) Total weigh…

8 CAR § 294-107. License fees. All licensed haulers shall be assessed the following annual fees for licensing the collection and transportation of solid waste in the Southeast Arkansas Regional Solid Waste Management District: (1)(A)(i) By January 31 of each year, all licensed ha…

8 CAR § 294-108. Fee schedule. (a)(1)(A) Licensed haulers failing to obtain or renew a license before February 1 of each year shall pay a minimum license fee of two hundred dollars ($200) for the first vehicle registered. (B) For each additional vehicle registered, such licensed …

8 CAR § 295-101. Definitions. As used in this part: (1) “Non-fee paid tire” means a waste tire in which no state waste tire fee has been collected, reported, and paid on a replacement tire sold at retail; (2) “Specialty tire” means any tire not specifically covered by any definit…