Arkansas Administrative Code

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…

8 CAR § 295-102. Effective date. The fees imposed by this part are: (1) Mandatory; and (2) Effective on and after February 1, 2014.

8 CAR § 295-103. Waste tire fees. (a) The following fees shall be assessed on persons disposing of non-fee paid tires or specialty tires: (1) Car tires, one dollar ($1.00) per tire; (2) Truck tires, five dollars ($5.00) per tire; (3) Farm front tires, fifteen dollars ($15.00) per…

8 CAR § 295-104. Collection and remittance of waste tire fees. (a) The fees set forth in 8 CAR § 295-103 shall be collected from the disposing person at the point of disposal by the waste tire collection center and/or the business accepting the waste tire. (b) The fees shall be r…

8 CAR § 296-101. Findings. (a) The Southeast Arkansas Regional Solid Waste Management District finds that recycling glass, plastic, cans, paper, and other materials will reduce the state’s reliance upon landfills. (b) Additionally, other solid waste reduction activities will help…

8 CAR § 296-102. Intent. (a) As a result of Acts 2013, No. 1333, the Southeast Arkansas Regional Solid Waste Management District is responsible for the administration and distribution of the Solid Waste Management and Recycling Fund allocated to the district per the formula outli…

8 CAR § 296-103. Eligibility. (a) Projects eligible for grant assistance include, without limitation, costs for: (1) Solid waste management planning that integrates recycling; (2) Public information and education programs that encourage waste reduction and stimulate demand for pr…

8 CAR § 296-104. Procedures. (a)(1) Each grant recipient shall, until all grant funds are expended on a project, provide Southeast Arkansas Regional Solid Waste Management District staff with an annual report summarizing the activity of the project for that year. (2) The annual r…

8 CAR § 296-105. Public participation. (a) The Southeast Arkansas Regional Solid Waste Management District shall ensure public participation and notice prior to any grant award. (b)(1) The district shall publish a notice describing each grant request and solicit comments in a new…

8 CAR § 310-101. Definitions. As used in this part: (1) “Affected persons” includes: (A) The applicant; (B) The Division of Environmental Quality; (C) The regional solid waste management district board, where applicable, for the area in which the proposed solid waste landfill is …

8 CAR § 310-102. Purpose and applicability. (a) The Southwest Arkansas Regional Solid Waste Management District Board will administer the certificate of need review program which: (1) Applies to the offering of new or increased solid waste landfill disposal capacity within its ju…

8 CAR § 310-103. General. (a) The Southwest Arkansas Regional Solid Waste Management District Board will administer within the Southwest Arkansas Regional Solid Waste Management District service area a certificate of need review program. (b) Only the board will issue or deny cert…

8 CAR § 310-104. Scope of certificate of need program. (a) The Southwest Arkansas Regional Solid Waste Management District Board will conduct reviews for new or increased solid waste landfill disposal capacity to be located or proposed to be located in the Southwest Arkansas Regi…

8 CAR § 310-105. Notice of intent. (a) Before any person submits a petition for a certificate of need, that person must notify the Southwest Arkansas Regional Solid Waste Management District Board at least thirty (30) days prior to the submission of said petition. (b) The informa…

8 CAR § 310-106. 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 respective area and class or cla…

8 CAR § 310-107. Adoption and public notice of review procedures and criteria. (a) Before the Southwest Arkansas Regional Solid Waste Management District Board adopts these proposed review procedures and criteria, or any revisions to the proposed review procedures and criteria, p…

8 CAR § 310-108. Procedures for certificate of need review. (a) Notification of the beginning of a review. (1)(A) 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 requ…

8 CAR § 310-109. Criteria for review of certificate of need applications. The Southwest Arkansas Regional Solid Waste Management District Board will utilize the following criteria in its review of petitions for certificates of need: (1) 8 CAR § 310-103(c) – (e); (2) The informati…

8 CAR § 310-110. Continuing effect of a certificate of need. (a)(1) When the Southwest Arkansas Regional Solid Waste Management District Board grants a certificate of need, the obligation for such approval shall be the submission of a preapplication to the Division of Environment…

8 CAR § 310-111. 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 certificate of need. (b) Each step in the process must be completed prior to issuing or den…

8 CAR § 310-112. Appeals of decision of the board. Any interested party to a certificate of need determination by the Southwest Arkansas Regional Solid Waste Management District Board may appeal the decision to the Director of the Division of Environmental Quality pursuant to pro…

8 CAR § 311-101. Acronyms — Definitions. As used in this part: (1) “ADEQ” means the Division of Environmental Quality; (2) “APC&EC” means the Arkansas Pollution Control and Ecology Commission; (3) “Board” means the Southwest Arkansas Regional Solid Waste Management District Board…

8 CAR § 311-102. Eligibility. (a) The following types of entities are eligible to apply for recycling and e-waste funding under the programs explained within this part: (1) Cities and counties; (2) Other state or local governmental entities; (3) Schools, colleges, universities, o…

8 CAR § 311-103. Application process and approval. (a)(1) The Southwest Arkansas Regional Solid Waste Management District will not initiate application review and consideration until submission of required forms. (2) Forms to be used in both application processes are included in …