Arkansas Administrative Code

8 CAR § 110-1003. Applicant eligibility. The following entities shall be eligible to apply for and to receive grants: (1)(A) Cities and counties. (B) Duly incorporated cities and towns and county governments of the State of Arkansas; (2)(A) Solid waste authorities. (B) Authoritie…

8 CAR § 110-1004. Eligible activities, projects, and programs. The following activities, projects, or programs, in addition to other activities that support the objectives of increasing and improving recycling as a waste management strategy, consistent with the intent of the Soli…

8 CAR § 110-1005. Preapplication training meeting. (a) Prior to the application deadline each year, the Benton County Regional Solid Waste Management District staff shall conduct a preapplication training meeting for all potential grant applicants. (b) The meeting shall include t…

8 CAR § 110-1006. Application process. (a)(1) Applicants shall fully complete a grant application form as developed by Benton County Regional Solid Waste Management District staff each year. (2) The application form shall include: (A) General information about the potential grant…

8 CAR § 110-1007. Adequate revenues. Each grantee shall show that adequate revenues are being collected to support the long-term operation and maintenance of a grant-funded project prior to the disbursal of any grant funds.

8 CAR § 110-1008. Permits and licenses. Each grantee shall possess or obtain all applicable federal, state, and local permits and licenses prior to disbursement of funds.

8 CAR § 110-1009. Distribution of grant funds. (a)(1) After receipt of the annual allocation of grant funds from the Division of Environmental Quality, the Benton County Regional Solid Waste Management District shall make distribution of grant funds to approved grant projects: (A…

8 CAR § 110-101. Restriction on bonds. (a) Pursuant to Arkansas Code § 8-6-713, unless approved by the regional solid waste management board, no municipality, county, improvement district, or sanitation authority within the regional solid waste management district shall: (1) Issu…

8 CAR § 110-1010. Modifications. (a)(1) After the Board of Directors of the Benton County Regional Solid Waste Management District has approved a grant, any proposed modifications to a grant project will require written approval by the board prior to implementing any change to th…

8 CAR § 110-1011. Project deadlines. All grantees shall develop recycling programs, as outlined in the grant application, and expend all grant funds within three (3) years following the date that the grant allocation was received by the Benton County Regional Solid Waste Manageme…

8 CAR § 110-1012. Funds forfeited. (a)(1) Funds for any grant project not started within one (1) calendar year from the date that the grant allocation was received by the Benton County Regional Solid Waste Management District office will be forfeited unless an extension of time i…

8 CAR § 110-1013. Irregularities. (a) A grant may be terminated by the Board of Directors of the Benton County Regional Solid Waste Management District if the board determines that the grantee is unable or unwilling to complete or meet the conditions of the grant as set forth in …

8 CAR § 110-1014. Earned interest on grant awards. (a) Interest moneys earned from the holding of grant funds by the Benton County Regional Solid Waste Management District shall be used exclusively for recycling programs consistent with the district’s solid waste management plan.…

8 CAR § 110-1015. Markets sought. All grantees shall seek to market or reuse the materials diverted under the grant project for, at minimum, a period of three (3) years following the grant award.

8 CAR § 110-1016. Notice published. (a) The Benton County Regional Solid Waste Management District shall insert, in a newspaper of general circulation in Benton County, a notice: (1) Describing the grant requests approved by the Board of Directors of the Benton County Regional So…

8 CAR § 110-1017. Application review process. (a)(1) Applications from eligible entities which are received by the application deadline shall be eligible for consideration of funding. (2) Benton County Regional Solid Waste Management District staff shall review applications for c…

8 CAR § 110-1018. Project selection criteria. (a) The Board of Directors of the Benton County Regional Solid Waste Management District shall prioritize and select grant projects from within Benton County Regional Solid Waste Management District boundaries, such selection being in…

8 CAR § 110-1019. Administrative allocation. (a) The Benton County Regional Solid Waste Management District shall use an amount no greater than twenty-five percent (25%) of the annual allocation of grant funds for administrative purposes. (b)(1) For the purposes of the Recycling …

8 CAR § 110-102. Eminent domain. (a) Pursuant to Arkansas Code § 8-6-715, in the event that necessary lands needed for the accomplishment of the purposes authorized by this subpart cannot be acquired by negotiation, any district is authorized to acquire the needed lands by condem…

8 CAR § 110-1020. Equipment and facility purchasing. The Benton County Regional Solid Waste Management District and each grantee shall conform to all state laws that are applicable to the purchase, use, or sale of equipment and facilities secured with state funding including, but…

8 CAR § 110-1021. Equipment usage. (a) All facilities or equipment purchased with grant funds disbursed by the Board of Directors of the Benton County Regional Solid Waste Management District shall be used for the general purposes specified in the grant application. (b) Equipment…

8 CAR § 110-1022. Existing equipment or facilities. Grant assistance shall not be provided for the purpose of purchasing equipment or facilities if existing equipment and facilities efficiently and adequately serve the relevant area, unless the Benton County Regional Solid Waste …

8 CAR § 110-1023. Recordkeeping. All grantees are required to maintain an orderly accounting system to document that grant expenditures are made in accordance with the project budget.

8 CAR § 110-1024. Documentation. Grantees are required to submit to the Benton County Regional Solid Waste Management District copies of all bids, paid invoices on equipment or services, and canceled checks pertinent to each grant-funded project.

8 CAR § 110-1025. Recycling Activity Survey. (a) For a period of five (5) years from the date that the grant allocation was received by the Benton County Regional Solid Waste Management District office, grantees shall provide the district with an annual Recycling Activity Survey …

8 CAR § 110-1026. Progress reports. (a)(1) Until all grant funds have been expended on a project, grantees shall provide the Benton County Regional Solid Waste Management District with an annual progress report for each grant. (2) The progress report shall be on a form developed …

8 CAR § 110-1027. Right of entry and access. Benton County Regional Solid Waste Management District personnel shall have the: (1) Right of entry, during normal business hours, to the premises of a grant-funded facility; (2) Right of access to view and inventory any grant-funded e…

8 CAR § 110-1028. Requests for appeal of grant decisions. (a) The following persons shall have the right to appeal any grant decisions made by the Board of Directors of the Benton County Regional Solid Waste Management District: (1) A grant applicant; (2) A grantee; (3) Any perso…

8 CAR § 110-1029. 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 Benton County Regional Solid Waste Management District meeting following their request for appeal. (2) I…

8 CAR § 110-103. Definitions. (a)(1) Unless otherwise noted, all terms contained in this part are defined as set forth in any current version of any Arkansas Pollution Control and Ecology Commission rules. (2) Any changes made by the Arkansas Pollution Control and Ecology Commiss…

8 CAR § 110-201. Proposed action. Pursuant to Arkansas Code § 25-15-204, the Benton County Regional Solid Waste Management District shall afford all interested persons reasonable opportunity to submit written data, views, or arguments, orally or in writing, prior to the adoption,…

8 CAR § 110-202. Notice of proposed action. (a)(1) Notice of the proposed new rule, modification, or repeal of an existing rule, shall be given to the public via publication in a newspaper having a general circulation in the Benton County Regional Solid Waste Management District …

8 CAR § 110-203. Public comment. (a) The notice in 8 CAR § 110-202 shall solicit written comments from the public for a period of not less than thirty (30) days from the date of publication. (b) The notice shall also provide the address where all comments should be sent.…

8 CAR § 110-204. Public hearing. (a) Pursuant to Arkansas Code § 14-14-108, the Benton County Regional Solid Waste Management District shall hold a public hearing to take both oral and written testimony from the public for and against the proposed action. (b) District staff shall…

8 CAR § 110-205. Final action. (a)(1) At any Board of Directors of the Benton County Regional Solid Waste Management District meeting following the close of the public comment period and the public hearing, the board may act on the proposal by: (A) Adopting it as originally writt…

8 CAR § 110-206. Emergency proceedings. (a) Should the Benton County Regional Solid Waste Management District find that imminent peril to the public health, safety, or welfare or compliance with federal or state laws or rules requires adoption of a rule upon fewer than thirty (30…

8 CAR § 110-207. Petitions for action. (a) The Benton County Regional Solid Waste Management District shall accord any person the right to petition for the issuance, amendment, or repeal of any rule. (b) Within thirty (30) days after submission of a petition, the district shall: …

8 CAR § 110-208. Filing. The Benton County Regional Solid Waste Management District shall file with the Secretary of State, the Arkansas State Library, and the Bureau of Legislative Research a: (1) Certified copy of each proposed rule; and (2)(A) Statement of financial impact for…

8 CAR § 110-209. Effective date. (a)(1) Each final rule adopted by the Benton County Regional Solid Waste Management District shall be effective thirty (30) days after filing with the Secretary of State unless a later date is specified by law or in the rule itself. (2)(A) However…

8 CAR § 110-210. Certification of rules. A copy of any rule adopted by the Board of Directors of the Benton County Regional Solid Waste Management District may be certified by signature of the chairperson and secretary of the board, and by affixing the official seal of the Benton…

8 CAR § 110-211. Official records. (a)(1) The Benton County Regional Solid Waste Management District shall maintain a certified copy of every rule adopted by the district. (2) This copy shall be kept at the principal office of the district. (b) A copy of each notice of rulemaking…

8 CAR § 110-212. Substantial compliance. Every rulemaking action by the Benton County Regional Solid Waste Management District shall be effective if the rulemaking action substantially complies with Arkansas Code § 25-15-204.

8 CAR § 110-213. 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 § 110-214. Actions for declaratory judgments. (a) The validity or applicability of a rule may be determined in an action for declaratory judgment if it is alleged that the rule, or its threatened application, injures or threatens to injure the plaintiff in his or her person…

8 CAR § 110-215. Severability. If any provision of any Benton County 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 which c…

8 CAR § 110-301. Assessment of penalty. (a) Unless otherwise indicated within a subsequent subpart, the Executive Director of the Benton County Regional Solid Waste Management District, who shall keep a log of all complaints or violations, is granted the discretion and authority …

8 CAR § 110-302. Exemptions. Compliance and enforcement actions related to any subsequent subpart for which a separate compliance and enforcement subpart exists shall be exempt from action under this subpart and will be subject to enforcement only under the appropriate subpart.…

8 CAR § 110-303. Form. (a) Penalties shall be assessed by a written administrative order, signed by the Executive Director of the Board of Directors of the Benton County Solid Waste Management District or the Board of Directors of the Benton County Regional Solid Waste Management…

8 CAR § 110-304. 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 Benton County Regional Solid Waste Management District. (b)(1) The …

8 CAR § 110-305. Appeal to board. (a)(1) Persons who timely file a request for appeal shall be entitled to be heard at the first regularly scheduled Board of Directors of the Benton County Regional Solid Waste Management District meeting following their request for appeal. (2) If…