Arkansas Administrative Code

8 CAR § 110-703. Location restrictions — Regional standards. (a) Pursuant to Arkansas Code § 8-6-724, regional solid waste management boards may adopt more restrictive standards for the location, design, construction, and maintenance of solid waste disposal sites and facilities t…

8 CAR § 110-704. Location restrictions — Watershed buffers. (a) No solid waste facility shall be located within two (2) miles of the following surface water bodies: (1) Beaver Lake; (2) Lake Francis; (3) Osage Creek; (4) Illinois River; (5) White River; and (6) War Eagle Creek. (…

8 CAR § 110-705. Location restrictions — Measurement of distances. (a) All distances as put forth in 8 CAR § 110-704 shall be measured by drawing a buffer of the appropriate distance radially around the permitted boundary of the facility on the latest United States Geological Sur…

8 CAR § 110-706. Enforcement officer. (a) The Benton County Regional Solid Waste Management District is empowered to employ, or otherwise make available from another agency, an enforcement officer, who shall have access to any open or closed solid waste facility within the distri…

8 CAR § 110-707. Leachate collection reporting. (a) Every solid waste facility required to report the performance of its leachate collection system to the Division of Environmental Quality shall also provide a copy of reports monthly to the Benton County Regional Solid Waste Mana…

8 CAR § 110-708. Groundwater monitoring. (a) Every solid waste facility required to sample and test groundwater monitoring wells shall: (1) Test every such well at least quarterly; and (2) Incorporate the results of such tests into the statistical analysis required by the Divisio…

8 CAR § 110-709. Other reporting. Copies of any engineering reports or operating reports required to be submitted to the Division of Environmental Quality or the United States Environmental Protection Agency shall also be contemporaneously submitted to the Benton County Regional …

8 CAR § 110-710. Facility personnel. Every solid waste facility operated within the Benton County Regional Solid Waste Management District must employ the following personnel: (1) A registered professional engineer who must be responsible for the construction and operation of any…

8 CAR § 110-711. Preconstruction design. (a) All landfills, located either partially or wholly within the Benton County Regional Solid Waste Management District, shall adhere to the following site characterization and design criteria. (b) Due to the unique land formations in nort…

8 CAR § 110-712. Landfill design. (a)(1) Every landfill operated within the Boston Mountain Regional Solid Waste Management District shall be designed and constructed with a double composite liner system which consists of, at a minimum, the following: upper and lower composite li…

8 CAR § 110-713. Stormwater basin design. Any solid waste facility, located either partially or wholly within the Benton County Regional Solid Waste Management District, which is required to maintain a stormwater retention basin by either Division of Environmental Quality or fede…

8 CAR § 110-714. Design standards — Compliance. (a) Any solid waste facility may demonstrate compliance with 8 CAR § 110-711 by submitting a certified statement, on a form provided by the Benton County Regional Solid Waste Management District, signed by a professional geologist a…

8 CAR § 110-715. Violations. It shall be a violation for any owner or operator of a solid waste facility to fail to comply fully with any provision of this subpart.

8 CAR § 110-716. Penalties. A penalty of up to ten thousand dollars ($10,000) per violation per day of violation may be assessed against any person violating the provisions of this subpart.

8 CAR § 110-717. 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 § 110-718. Inspection and information gathering. (a) Any solid waste facility, either within the Benton County Regional Solid Waste Management District or which receives waste generated within the district, shall, upon the request of any district-designated person: (1) Furn…

8 CAR § 110-801. Fees generally. (a) Waste assessment fee. (1) The Board of Directors of the Benton County Regional Solid Waste Management District makes available one (1) or more enforcement officers who provide the required services indicated above, through a partnership with B…

8 CAR § 110-802. Applicable waste. (a) The waste assessment fee and the service fee shall be paid to the Benton County Regional Solid Waste Management District on all solid waste generated: (1) Within or without the district delivered transfer station or other disposal facility w…

8 CAR § 110-803. Exemptions. The solid waste fees shall not apply to: (1) Solid waste generated by private industry if the private industry bears the expense of operating and maintaining the disposal facility for the solid waste (Class III waste); (2) Nonmunicipal solid waste gen…

8 CAR § 110-804. Solid waste fee amounts. (a) The amount of the waste assessment fee assessed shall be one cent (1¢) per ton of solid waste: (1) Generated; (2) Collected; or (3) Disposed. (b) The amount of the service fee levied shall be: (1) One dollar and forty-nine cents ($1.4…

8 CAR § 110-805. Fee collection. (a) The waste assessment fee shall be assessed and collected as follows: (1) Disposal facilities located within Arkansas but outside of Benton County. (A) Fees for solid waste that is generated or collected within the Benton County Regional Solid …

8 CAR § 110-806. Payment of fees. (a) All waste assessment fees and service fees collected on behalf of and/or owed to the Benton County Regional Solid Waste Management District shall be paid to the Benton County Regional Solid Waste Management District quarterly. (b)(1) Fees sha…

8 CAR § 110-807. Quarterly report forms. (a)(1) Every waste hauler which collects or transports waste in Benton County shall be required to submit a quarterly report accurately documenting: (A) The total net weight of solid waste collected; (B) The total net weight delivered to e…

8 CAR § 110-808. Recordkeeping and reporting. (a) Adequate recordkeeping. (1) The owner, operator, or any other responsible party of any permitted solid waste facility and each solid waste hauler or any other responsible party shall establish and maintain adequate records in orde…

8 CAR § 110-809. Report or fee adjustments. Upon written approval by the Benton County Regional Solid Waste Management District, any adjustments to any previous quarterly report or fee payment, found upon review or as the result of an audit by the district, and any unpaid late pa…

8 CAR § 110-810. Termination of fees. (a) In the event a solid waste facility or a hauler permanently ceases receiving or transporting waste, the facility or hauler shall: (1) Immediately submit a final quarterly report, along with final fee payment, for the quarter during which:…

8 CAR § 110-811. Petitioning board for review of fees. (a) Petition filing. (1) Any solid waste facility permittee or hauler who disagrees with the fee amount due may file a petition for review with the Board of Directors of the Benton County Regional Solid Waste Management Distr…

8 CAR § 110-812. Appeals. (a) Fees imposed under this part shall constitute a specific condition imposed on a solid waste facility permittee or on a hauler. (b) Provided a solid waste facility permittee or a hauler disagrees with the final decision of the Board of Directors of th…

8 CAR § 110-813. Violations. It shall be a violation for any owner or operator of a solid waste facility or solid waste hauler or any residence or business to fail to comply fully with any provision of this subpart.

8 CAR § 110-814. Penalties. (a) A person or entity in violation of this subpart, including but not limited to failing or refusing to submit reports or pay the fees required under the provisions of this subpart in a timely manner, shall be subject to late payment procedures and ch…

8 CAR § 110-815. 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 § 110-816. Audit. (a) At the discretion of the Benton County Regional Solid Waste Management District, an audit of a solid waste facility permittee’s or a hauler’s records or the operation of the solid waste facility or hauler, or both, may be performed to assure compliance…

8 CAR § 110-817. Right of entry and access. The Benton County Regional Solid Waste Management District or any authorized employee or agent shall have right of entry during normal business hours, unless otherwise deemed necessary by the district, to any public or private property …

8 CAR § 110-901. General. (a) Pursuant to Arkansas Code § 8-6-712(a)(4), 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 would be compe…

8 CAR § 110-902. Applicability. This subpart shall apply to recyclable materials collection centers, recyclable materials collection systems, and any person engaged in any type of recycling activity within the Benton County Regional Solid Waste Management District such as systema…

8 CAR § 110-903. Recovered materials. Recovered materials include but are not limited to metal, paper, glass, plastic, textile, yard trimmings, or rubber materials that have known recycling potential, can be feasibly recycled, and have been diverted and source separated or have b…

8 CAR § 110-904. Registration requirement. (a) Effective July 1, 2011, a person shall not engage in any type of recycling activity within the Benton County Regional Solid Waste Management District without first registering the proposed activity with the district. (b) There shall …

8 CAR § 110-905. Annual reporting. (a) Pursuant to 8 CAR § 63-601 et seq., of the Arkansas Pollution Control and Ecology Commission, Rules of the State of Arkansas for County Recycling Programs, 8 CAR pt. 63, an annual report shall be required from any person engaged in any type …

8 CAR § 110-906. Survey requirement. The Benton County Regional Solid Waste Management District shall compile a summary of the information received from each recycling activity within the district and submit it to the Department of Energy and Environment on or before August 15 fo…

8 CAR § 110-907. Waste minimization report. (a) The Benton County Regional Solid Waste Management District shall determine and include in the August 15 summary report to the Department of Energy and Environment the percentage of the district's waste stream represented by the tota…

8 CAR § 110-908. 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 subpart.

8 CAR § 110-909. Penalties. A penalty of up to five hundred dollars ($500) per violation per day of violation may be assessed against any person violating the provisions of this subpart.

8 CAR § 110-910. 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 § 130-1001. Preconstruction design. (a) All landfills located either partially or wholly within the Boston Mountain Regional Solid Waste Management District shall adhere to the following site characterization and design criteria. (b) Due to the unique land formations in nor…

8 CAR § 130-1002. Landfill design. (a)(1) Every solid waste disposal facility operated within the Boston Mountain Regional Solid Waste Management District shall be designed and constructed with a double composite liner system which consists of, at a minimum, the following: upper …

8 CAR § 130-1003. Stormwater basin design. Any solid waste disposal facility, located either partially or wholly within the Boston Mountain Regional Solid Waste Management District, which is required to maintain a stormwater retention basin by either Division of Environmental Qua…

8 CAR § 130-1004. Compliance. (a) Any solid waste disposal facility may demonstrate compliance with 8 CAR § 130-1001 by submitting a certified statement, on a form provided by the Boston Mountain Regional Solid Waste Management District, signed by a professional geologist authori…

8 CAR § 130-101. Definitions. For the purposes of this part, the following definitions shall apply: (1) "ADEQ" or "division" means the Division of Environmental Quality; (2) “Administrative order” means the written finding of the Boston Mountain Regional Solid Waste Management Di…

8 CAR § 130-1101. Host county compensation. (a) Any solid waste disposal facility, located partially or wholly within the Boston Mountain Regional Solid Waste Management District, shall provide the host county with compensation in the amount of one dollar ($1.00) per ton of waste…

8 CAR § 130-1201. Violations. It shall be a violation for any owner or operator of a solid waste facility to fail to comply fully with any provision of Subparts 7 – 11 of this part and this subpart.