Arkansas Administrative Code

8 CAR § 110-306. Final agency action. The written order adopted by the Board of Directors of the Benton County Regional Solid Waste Management District shall be the final agency action for the purpose of appeal to circuit court.

8 CAR § 110-307. Appeals to circuit court. The appellant may appeal the final agency action of the Board of Directors of the Benton County Regional Solid Waste Management District to Benton County Circuit Court in Arkansas.

8 CAR § 110-401. Applicability. As required by Arkansas Pollution Control and Ecology Commission rules, all applicants for a solid waste disposal or processing facility permit including but not limited to new solid waste landfill permit, new transfer station permit, new solid was…

8 CAR § 110-402. Notice of intent. (a) At least fifteen (15) days prior to submitting an application for a certificate of need, the applicant must notify the Benton County Regional Solid Waste Management District in writing of its intent to submit such an application. (b) The not…

8 CAR § 110-403. Application. (a) Persons requesting a certificate of need from the Benton County Regional Solid Waste Management District must submit an application to the Benton County Regional Solid Waste Management District. (b) All applications for certificates of need shall…

8 CAR § 110-404. Determination of completeness. (a) Within thirty (30) days of receipt of the initial application, the Benton County Regional Solid Waste Management District will determine if the application: (1) Is administratively complete; and (2) Contains all required: (A) In…

8 CAR § 110-405. Comment period. (a) Once the Benton County Regional Solid Waste Management District has determined that an application for a certificate of need is administratively complete, it will so notify the applicant. (b)(1) A public notice regarding the application for a …

8 CAR § 110-406. Public hearing. During the comment period, the Benton County Regional Solid Waste Management District will conduct one (1) or more public hearings within the municipality or county where the proposed facility or modification is to be located.

8 CAR § 110-407. Application evaluation. (a) At the first regularly scheduled Board of Directors of the Benton County Regional Solid Waste Management District meeting following the close of the comment period, the board will take up for consideration the application for a certifi…

8 CAR § 110-408. Appeal of decision. (a) Any person with standing to a certificate of need determination shall have the right to appeal the issuance or denial of a certificate of need to the Director of the Division of Environmental Quality in accordance with Division of Environm…

8 CAR § 110-409. Continuing effect. (a)(1) Upon receipt of a certificate of need, the applicant has sixty (60) days in which to file a preapplication for a solid waste facility permit with the Division of Environmental Quality. (2) If a preapplication is not filed within sixty (6…

8 CAR § 110-501. Intent. The purpose of this subpart is to protect the public health, welfare, and the environment by providing for the rule of waste tire collection, storage, transporting, processing, and disposal and to encourage reducing, reusing, recycling, and retreading of …

8 CAR § 110-502. Definitions. (a)(1) Unless otherwise noted, all terms contained in this subpart are defined as set forth in any current version of any Arkansas Pollution Control and Ecology Commission rules. (2) Any changes made by the commission shall be considered immediately …

8 CAR § 110-503. Prohibitions. (a) A person shall not transport, transfer, store, collect, recycle, or otherwise manage processed, used, or waste tires in any manner that may: (1) Create a nuisance; (2) Breed or harbor mosquitoes, snakes, insects, rodents, and/or other vectors; (…

8 CAR § 110-504. Tire retailers. (a)(1)(A) State law imposes a fee upon the sale of each new motor vehicle tire sold at retail. (B) The fees shall be charged by the tire retailer to the person who purchases a motor vehicle tire for use on a motor vehicle and not for resale. (C) S…

8 CAR § 110-505. Waste tire facilities. (a) All applicants for a new solid waste facility permit including a waste tire facility permit, or for a modification or expansion of an existing permit, must obtain a certificate of need from the Benton County Regional Solid Waste Managem…

8 CAR § 110-506. Exemptions. (a) A permit is not required for a tire retreading business, where fewer than one thousand (1,000) waste tires are kept on the business premises. (b) A permit is not required for a single facility that, in the ordinary course of business, removes tire…

8 CAR § 110-507. Waste tire collection centers. (a)(1) The Benton County Regional Solid Waste Management District shall establish waste tire collection centers within Benton County. (2) The number of waste tire collection centers established shall be outlined in the Board of Dire…

8 CAR § 110-508. Waste tire transporters. (a) A person shall not transport more than twenty-four (24) tires without a waste tire transporter license. (b) A person shall not contract with a waste tire transporter for the transportation of waste, used, and/or processing tires unles…

8 CAR § 110-509. Disposal fees. (a) An individual resident of the Benton County Regional Solid Waste Management District shall not be charged a fee for discarding four (4) or fewer automobile tires not on rims at a waste tire collection center per month or more often at the discr…

8 CAR § 110-510. Project approval. (a) Proposed alternative end-use projects shall require approval by both the: (1) Benton County Regional Solid Waste Management District; and (2) Department of Energy and Environment. (b) The district shall be responsible for the initial review …

8 CAR § 110-511. Project proposal requirements. (a) The Benton County Regional Solid Waste Management District, at its discretion, may require the proposal to be prepared by a professional engineer registered in the State of Arkansas. (b) The proposal shall include the following …

8 CAR § 110-512. Review considerations. The following conditions shall be considered by the Benton County Regional Solid Waste Management District in determining the appropriateness of proposed waste tire end-use applications: (1)(A) The level of engineering/technical detail prov…

8 CAR § 110-513. Additional safeguards. The Benton County Regional Solid Waste Management District reserves the right to grant conditional approval for an alternative end-use project and impose additional operating and/or design requirements as needed to ensure technical adequacy…

8 CAR § 110-514. Posting of financial assurance. The Benton County Regional Solid Waste Management District may, at its discretion, require posting of separate financial assurance for a given application.

8 CAR § 110-515. Exemptions. (a) The following uses of waste tires may be exempted from the review and approval requirements of this subpart as determined by the Department of Energy and Environment on a case-by-case basis. (b) Approval for an exemption must be obtained prior to …

8 CAR § 110-516. Violations. It shall be a violation for any person to fail to comply fully with any provision of this subpart.

8 CAR § 110-517. Penalties. (a) Any person who violates this subpart shall be deemed guilty of a misdemeanor. (b) Upon conviction, the person shall be subject to: (1) Imprisonment for not more than thirty (30) days; (2) A fine of not more than one thousand dollars ($1,000); or (3…

8 CAR § 110-518. Enforcement. The Executive Director of the Benton County Regional Solid Waste Management District is authorized to seek the approval of the Board of Directors of the Benton County Regional Solid Waste Management District to institute legal and/or equitable action…

8 CAR § 110-519. Inspection and information gathering. (a) Any person shall, upon the request of any Benton County Regional Solid Waste Management District designee, furnish information relating to any activity at the waste tire facility or business and permit such designee at al…

8 CAR § 110-601. Authority and purpose. (a) Pursuant to Arkansas Code § 8-6-721 and Arkansas Pollution Control and Ecology Commission, Solid Waste Management Rules, 8 CAR pt. 60, the Board of Directors of the Benton County Regional Solid Waste Management District is charged with …

8 CAR § 110-602. Solid waste hauler. (a) As used in this subpart, “solid waste hauler” means any person engaged in the: (1) Collection of solid waste within the Benton County Regional Solid Waste Management District; and (2) Transportation of solid waste for disposal or storage w…

8 CAR § 110-603. Scope and applicability. (a)(1) Pursuant to Arkansas Code § 8-6-712, no person, other than as may be designated by the Benton County Regional Solid Waste Management District, shall engage in the collection or utilization of solid waste within the district which w…

8 CAR § 110-604. Exemptions. (a) Persons exempt from licensing shall comply with all other applicable standards required under this section or by Benton County Regional Solid Waste Management District rules adopted pursuant to this section. (b) For the purpose of this section, a …

8 CAR § 110-605. License eligibility. (a) A license shall be issued only 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; (7) An improvement district; (8) A sanitation authority; or (9…

8 CAR § 110-606. Hauler classifications. (a) The Arkansas Pollution Control and Ecology Commission has established classifications of haulers which are to be used by districts in licensing haulers. (b) The classifications are based on the nature and size of the loads transported.…

8 CAR § 110-607. Financial responsibility. (a) Any hauler applying for a license must establish financial responsibility to the Board of Directors of the Benton County Regional Solid Waste Management District. (b) Proof of liability insurance, issued in the name of the hauling co…

8 CAR § 110-608. License term. (a) A solid waste hauler’s license shall be: (1) Issued for a maximum period of one (1) year; and (2) Effective through December 31 of the current year, regardless of the date of issuance. (b)(1) Applications for a license shall be mailed out by the…

8 CAR § 110-609. Issuance of license. (a)(1) All persons engaged in the business of collection or transportation of solid wastes within the Benton County Regional Solid Waste Management District must register such business with the district by December 15 each year for the next c…

8 CAR § 110-610. Authority of executive director. The Board of Directors of the Benton County Regional Solid Waste Management District delegates to the Executive Director of the Benton County Regional Solid Waste Management District the authority to issue a license to any solid w…

8 CAR § 110-611. Annual fees. (a) Pursuant to 8 CAR § 60-202, the Benton County Regional Solid Waste Management District may set a reasonable licensing fee for each type of hauler and may establish licensing requirements based on size of the haulers' transport vehicle or vehicles…

8 CAR § 110-612. Operating requirements. (a) All collection systems and collection equipment used by solid waste haulers shall meet the conditions outlined below. (b) Failure to comply with these conditions may result in the denial, suspension, or revocation of a solid waste haul…

8 CAR § 110-613. Suspension or revocation of license. (a) Any solid waste hauler license may be suspended or revoked by the Benton County Regional Solid Waste Management District if the hauler is in violation of: (1) Federal, state, local, or district laws or rules related to the…

8 CAR § 110-614. Right to hearing on suspension or revocation. (a) When the Executive Director of the Benton County Regional Solid Waste Management District determines that a solid waste hauler license is subject to suspension or revocation, the executive director shall so notify…

8 CAR § 110-615. Operation without a license — Misdemeanor. (a) Any person who engages in the business of collecting solid waste within the Benton County Regional Solid Waste Management District without a valid license from the district shall be deemed guilty of a misdemeanor pur…

8 CAR § 110-616. Civil and administrative penalties. (a)(1) Pursuant to Arkansas Code § 8-6-722, any person who violates this subpart shall be deemed guilty of a misdemeanor. (2) Upon conviction, the person shall be subject to: (A) Imprisonment for not more than thirty (30) days;…

8 CAR § 110-617. Right to hearing on civil penalties. (a) When the Board of Directors of the Benton County Regional Solid Waste Management District determines that a person is subject to civil penalties pursuant to this section, the board shall so notify the person in writing set…

8 CAR § 110-618. Waste Hauler Trust Fund. (a)(1) There shall be established on the books of the Benton County Regional Solid Waste Management District a fund to be known as the Waste Hauler Trust Fund. (2) Moneys deposited into the Waste Hauler Trust Fund shall be kept in a separ…

8 CAR § 110-701. Purpose. (a) Northwest Arkansas is facing a critical shortage of solid waste disposal capacity due to the difficulties in siting landfill facilities at the local level. (b) In order to protect the fragile environment of northwest Arkansas, yet provide for adequat…

8 CAR § 110-702. Applicability. Unless otherwise specified, these rules found in this subpart shall apply to every solid waste facility, located either wholly or partially within Benton County, which is operated after the effective date of this subpart.