Arkansas Administrative Code

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

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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 …

8 CAR § 311-104. Distribution. (a)(1) Funds shall not be disbursed by the Southwest Arkansas Regional Solid Waste Management District Board prior to project startup. (2)(A) The board shall make distribution of grant funds to approved grantees once the project is completed and req…

8 CAR § 311-105. Conditions of grant. (a) In the event funds furnished to an applicant are utilized and expended by the applicant for any unauthorized or unallowable purpose, the applicant shall upon demand return or otherwise pay or reimburse to the Southwest Arkansas Regional S…

8 CAR § 312-101. Purpose. (a) To better control and monitor the solid waste system, the Southwest Arkansas Regional Solid Waste Management District Board, as required by Acts 1991, No. 752, enacts and will enforce this part for the licensing of all haulers of solid waste in the S…

8 CAR § 312-102. Definitions. As used in this part: (1) “Board” means the Southwest Arkansas Regional Solid Waste Management District Board; (2) “District” means the Southwest Arkansas Regional Solid Waste Management District, which includes incorporated cities and towns and unin…

8 CAR § 312-103. Scope. (a) All transportation systems shall meet the conditions outlined below. (b) Failure to comply with these conditions may result in a revocation of the hauler license: (1) Solid waste shall be collected and transported so as to prevent public health hazards…

8 CAR § 312-104. Permits required. (a)(1) Effective January 1, 1994, no hauler shall engage in the business of collection and/or transportation of solid waste in the Southwest Arkansas Regional Solid Waste Management District without first securing a permit from the Southwest Ark…

8 CAR § 312-105. Permitting standards and procedures. (a) Any person who transports solid waste shall: (1) Hold the appropriate driver’s license as defined by state law; and (2) Annually register all collection vehicles with the Southwest Arkansas Regional Solid Waste Management …

8 CAR § 312-106. Fees. The fee shall be assessed based on the following criteria: (1) Annual fee of fifty dollars ($50.00) per vehicle (for the 2014 year), per year will be assessed to each person applying for a permit; and (2) Annual fee of seventy-five dollars ($75.00) per vehi…

8 CAR § 312-107. Penalties. (a)(1) Failure to register under this part and to obtain a permit constitutes 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) days; (B) A fine of not more …

8 CAR § 313-101. Description. (a) Arkansas Code § 8-6-704, Boards — Powers and duties, Acts 1991, No. 752, established a system of regional solid waste management and planning in Arkansas, forming regional solid waste management districts and describing their powers, duties, and …

8 CAR § 313-102. Definitions. As used in this part: (1) “Board” means the Southwest Arkansas Regional Solid Waste Management District Board; (2) “District” means the Southwest Arkansas Regional Solid Waste Management District (incorporated cities and towns and unincorporated plac…

8 CAR § 313-103. Administrative procedures. (a) The District Solid Waste Management and Recycling Fund shall be established in a separate interest-bearing checking account into which all proceeds shall be deposited. (b) Funds for Southwest Arkansas Regional Solid Waste Management…

8 CAR § 313-104. Enforcement and penalties. (a)(1) Violation of this part shall: (A) Be grounds for denial of any future application of certificate of need; and (B) Result in revocation of license to haul solid waste issued by the Southwest Arkansas Regional Solid Waste Managemen…

8 CAR § 314-101. Purpose. To ensure the protection of the public health and environmental quality through the development and maintenance of regional solid waste management planning for the counties and municipalities of southwest Arkansas.

8 CAR § 314-102. Functions. The Southwest Arkansas Regional Solid Waste Management District Board shall be responsible for overseeing and implementing the following planning controls and authorities for the units of local government comprising the six-county Southwest Arkansas Re…

8 CAR § 314-103. Membership. (a)(1) In accordance with the provisions of Acts 1989, No. 870, the membership body of the Southwest Arkansas Regional Solid Waste Management District Board shall consist of the following elected officials and selected private sector representatives: …

8 CAR § 314-104. Officers. (a)(1) The Southwest Arkansas Regional Solid Waste Management District Board shall elect from and by the general membership of the board a: (A) President; (B) Vice president; (C) Secretary; and (D) Treasurer. (2) The initial terms of office shall expire…

8 CAR § 314-105. Meetings. (a) Seven (7) days' notice of all meetings shall be given to each member of the Southwest Arkansas Regional Solid Waste Management District Board. (b) The board may hold regularly scheduled meetings each month, quarterly, or as required, but the board s…

8 CAR § 314-106. Quorum. (a) A quorum of the Southwest Arkansas Regional Solid Waste Management District Board shall consist of a minimum of six (6) members representing not less than three (3) of the six (6) counties. (b) No official business shall be conducted by the board with…

8 CAR § 314-107. Vote required for action by board. Any action of the Southwest Arkansas Regional Solid Waste Management District Board may be taken by a simple majority vote of the board with a quorum present.

8 CAR § 314-108. Rules for parliamentary procedure. Robert’s Rules of Order shall govern all meetings of the Southwest Arkansas Regional Solid Waste Management District Board.

8 CAR § 314-109. Number of votes per member. (a) Each representative shall have one (1) vote. (b) Proxy votes shall be allowed if the proxy is presented to the Southwest Arkansas Regional Solid Waste Management District Board secretary prior to the meeting. (c) The proxy shall id…

8 CAR § 314-110. Freedom of information. All meetings, transactions, and business conducted by the Southwest Arkansas Regional Solid Waste Management District Board will be open to the general public and said notices of meetings will be mailed to the press to ensure compliance wi…

8 CAR § 314-111. Compensation. Individual members of the Southwest Arkansas Regional Solid Waste Management District Board shall receive no compensation for attendance at any meeting of the membership, and shall receive no other salary or compensation for service as a member of t…

8 CAR § 330-101. Purpose. Pursuant to Acts 1991, No. 752, the Southwest Central Regional Solid Waste Management District and the Southwest Central Regional Solid Waste Management Board have been organized for the purpose of protecting the public health and environmental quality o…

8 CAR § 330-102. Jurisdiction. (a) The Southwest Central Regional Solid Waste Management Board shall have jurisdiction in the Arkansas counties of: (1) Clark; (2) Garland; and (3) Hot Spring. (b) The boundaries of a regional solid waste management district may be modified and new…

8 CAR § 330-103. Board — Term of office. (a)(1) The Southwest Central Regional Solid Waste Management Board shall be composed in accordance with the requirements of Acts 1991, No. 752. (2) The board shall be composed of representatives of: (A) The counties within the Southwest Ce…