Arkansas Administrative Code

8 CAR § 330-104. Powers and duties of the board. (a) The Southwest Central Regional Solid Waste Management Board shall have the following powers and duties: (1) To collect data, study, and initially evaluate the solid waste management needs of all localities within the Southwest …

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8 CAR § 330-106. Officers. (a) The officers of the Southwest Central Regional Solid Waste Management Board shall be the: (1) Chair; (2) Vice chair; and (3) Secretary/treasurer. (b) Chair. The chair shall: (1) Be the president of the board; (2) Preside at all meetings of the board…

8 CAR § 330-107. Board meetings. (a) The annual meeting of the Southwest Central Regional Solid Waste Management District membership shall be held on the third Wednesday of January at a time and place to be determined by the Southwest Central Regional Solid Waste Management Board…

8 CAR § 330-108. Board responsibilities. (a) Formulate policy, promulgate rules, and take such actions which will best effectuate and carry out the purposes and functions for which the Southwest Central Regional Solid Waste Management District is created and which are outlined in…

8 CAR § 330-109. Reports. The Southwest Central Regional Solid Waste Management District and Southwest Central Regional Solid Waste Management Board shall have such reports prepared as may be required by federal, state, or municipal law, rule, or regulation as may be required.…

8 CAR § 330-110. Contributions from local governments. (a) Each entity of local government shall subscribe and pay annually a pro rata fair share of the cost of the Southwest Central Regional Solid Waste Management District’s operation and budget. (b) The methodology for support …

8 CAR § 330-111. Publication of procedures. The minutes of the meetings of the Southwest Central Regional Solid Waste Management Board shall be kept as required for local government units and by the laws of the State of Arkansas.

8 CAR § 330-112. Fiscal year. The fiscal year for the Southwest Central Regional Solid Waste Management District shall be January 1 to December 31, except that fiscal reports will be made to comply with all individual state and federal grant programs.

8 CAR § 330-113. Compensation. (a) Members shall receive no: (1) Compensation for attendance at any meeting of the membership; and (2) Other salary or compensation for their services as a member of the Southwest Central Regional Solid Waste Management Board other than reimburseme…

8 CAR § 330-114. Rules for parliamentary procedure. Robert’s Rules of Order shall govern all matters of parliamentary procedure except as provided in this part.

8 CAR § 330-115. Amendment of bylaws. This part may be amended or repealed by new bylaws which may be adopted by an affirmative vote of a majority of the entire Southwest Central Regional Solid Waste Management Board at any regular or special meeting of the board, provided that n…

8 CAR § 331-101. Definitions. For purposes of this part, the following definitions shall apply: (1) “ADEQ” or “Division” means the Division of Environmental Quality; (2) “APA” means the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq., as may be otherwise …

8 CAR § 331-102. Information and access. (a)(1) Copies of information, minutes of prior meetings, resolutions, and other rules or information of the Southwest Central Regional Solid Waste Management District are available for public inspection. (2) Pursuant to Arkansas Code § 25-…

8 CAR § 331-201. Proposed rulemaking action. At any Southwest Central Regional Solid Waste Management District Board meeting, the board may adopt, amend, or repeal any rule consistent with the requirements of this subpart.

8 CAR § 331-202. Notice of proposed rulemaking action. (a) Notice of the proposed new rule, or amendment or repeal of any 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 o…

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8 CAR § 331-204. Public hearing. (a) The Southwest Central 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 pub…

8 CAR § 331-205. Final action. (a) At any Southwest Central Regional Solid Waste Management Board 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) Adopting it as originally writ…

8 CAR § 331-206. Emergency proceedings. (a) Should the Southwest Central Regional Solid Waste Management Board find that imminent peril to the public health, safety, or welfare or compliance with state or federal laws requires adoption of a rule upon fewer than thirty (30) days’ …

8 CAR § 331-207. Petition for rulemaking. (a) Any person residing or doing business within the Southwest Central Regional Solid Waste Management District may petition the Southwest Central Regional Solid Waste Management Board for a rulemaking action. (b) Within sixty (60) days a…

8 CAR § 331-208. Filing of adopted rule. The Southwest Central Regional Solid Waste Management Board shall file with the Secretary of State, the Arkansas State Library, the Bureau of Legislative Research, and any other agency or legislative body as may be required by law: (1) The…

8 CAR § 331-209. Effective date. (a) Each rule adopted by the Southwest Central Regional Solid Waste Management Board 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 emergency rule may become effec…

8 CAR § 331-210. Certification of rules. A copy of any rule adopted by the Southwest Central Regional Solid Waste Management Board may be certified by: (1) Signatures of the chair of the board and secretary; or (2) Other such method as determined by the board.…

8 CAR § 331-211. Official records. (a)(1) The Southwest Central Regional Solid Waste Management District will maintain: (A) Certified copies of every rule adopted by the Southwest Central Regional Solid Waste Management Board; (B) A copy of all other documents required to be file…

8 CAR § 331-212. Substantial compliance. (a) Every rulemaking action by the Southwest Central Regional Solid Waste Management Board after the effective date of this subpart shall be effective if the rulemaking action substantially complies with this subpart. (b) With the exceptio…

8 CAR § 331-213. 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 § 331-301. General procedures. Unless specifically set forth herein, the Southwest Central Regional Solid Waste Management District shall follow the general procedures for administrative adjudications as set forth in Arkansas Code § 25-15-208.

8 CAR § 331-302. Assessment of penalty. (a) The director, who shall keep a log of all complaints or violations as determined by the Southwest Central Regional Solid Waste Management District, is granted the discretion and authority, to the extent permitted by Arkansas Code § 8-6-…

8 CAR § 331-303. 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 § 331-304. Request for appeal. (a) Within thirty (30) days of the receipt of any administrative order, the person against whom the administrative order was issued can request an appeal before the Southwest Central Regional Solid Waste Management Board, who may waive any pen…

8 CAR § 331-305. Appeal to board. (a)(1) Persons who timely file a request for appeal shall be entitled to be heard at the first regularly scheduled Southwest Central Regional Solid Waste Management Board meeting following their request for appeal, unless the request for hearing …

8 CAR § 331-306. Final agency action. (a) The written order adopted by the Southwest Central Regional Solid Waste Management Board shall be the final agency action for the purpose of appeal to circuit court. (b) The board shall deliver a copy of the written order to the appellant…

8 CAR § 331-307. Appeals to circuit court. The appellant may appeal the final agency action of the Southwest Central Regional Solid Waste Management Board to a circuit court in the appropriate county as required by the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-…

8 CAR § 331-401. Creation and amendment of bylaws. (a) The Southwest Central Regional Solid Waste Management District’s Bylaws, 8 CAR pt. 330, were created and became effective on April 19, 1995. (b) These bylaws may be amended or repealed by new bylaws which may be adopted: (1) …

8 CAR § 332-201. Waste hauler license. (a) Under Acts 1991, No. 752, the Southwest Central Regional Solid Waste Management Board is required by law to enact and enforce a licensing program for all haulers who collect or transport solid waste in the Southwest Central Regional Soli…

8 CAR § 332-202. District waste management fee. (a) Definition of fee. (1) The Arkansas district waste management fee is a fee imposed by a designated regional solid waste management district within the State of Arkansas for the purpose of funding waste management programs, servi…

8 CAR § 332-301. Recycling and waste reduction. (a) The Southwest Central Regional Solid Waste Management District finds that the recycling of glass, plastic, cans, paper, and other materials will reduce the State of Arkansas’s reliance upon landfills. (b) Additionally, other sol…

8 CAR § 332-302. Eligible grant projects. Projects eligible for recycling grant assistance include without limitation costs for: (1) Solid waste management planning that integrates recycling; (2) Public information and education programs; (3) Waste transfer facilities and equipme…

8 CAR § 332-303. Reporting. (a)(1) Each recycling grant recipient shall, until all grant funds are expended on a project, provide the Southwest Central Regional Solid Waste Management District with an annual report of project activity. (2) These reports shall be kept on file at t…

8 CAR § 332-304. Arkansas Administrative Procedure Act. (a) The Southwest Central Regional Solid Waste Management District shall ensure public participation and notice prior to any grant award. (b) The district will follow and adopt policies that are based on the rules in keeping…

8 CAR § 332-401. Certificate of need requirement. Any applicant for a new solid waste facility permit or the modification of an existing solid waste facility permit to be located in whole or in part, within the geographic boundaries of the Southwest Central Regional Solid Waste M…

8 CAR § 332-402. Procedure for obtaining a certificate of need. (a) Notice of intent. (1) At least fifteen (15) days prior to applying for a certificate of need, the applicant must notify the Southwest Central Regional Solid Waste Management District, in writing, of its intent to…

8 CAR § 332-403. Completeness determination. (a) Within fourteen (14) days of receipt of the initial application, the Southwest Central Regional Solid Waste Management District staff will make a completeness determination of the application. (b) Any additional information require…

8 CAR § 332-404. Public notice. (a) When the Southwest Central Regional Solid Waste Management District staff has determined that an application for a certificate of need is complete, it shall give at least thirty (30) days’ public notice of the Southwest Central Regional Solid W…

8 CAR § 332-405. Public comment. The Southwest Central Regional Solid Waste Management District shall afford all interested person or persons a reasonable opportunity to submit written data, views or arguments, in writing, during the thirty-day public notice period.

8 CAR § 332-406. Public hearing. Prior to the Southwest Central Regional Solid Waste Management District Board of Directors' formal consideration of an application for a certificate of need, the Southwest Central Regional Solid Waste Management District shall hold a hearing to ac…

8 CAR § 332-407. Determination. (a) Before the Southwest Central Regional Solid Waste Management District Board of Directors may issue a certificate of need, it must be determined that the applicant has demonstrated compliance with the following criteria: (1) That the proposed so…

8 CAR § 332-408. Board decision. (a) The Southwest Central Regional Solid Waste Management District shall issue a written decision setting forth its determination. (b) The decision shall state the basis for issuing or denying the certificate of need. (c) A copy of the written dec…

8 CAR § 332-409. Appeal of decision. Any interested person or persons shall have the right to appeal the issuance or denial of a certificate of need to the Secretary of the Department of Energy and Environment in accordance with Arkansas Pollution Control and Ecology Commission r…