Arkansas Administrative Code

8 CAR § 130-1501. Applicable waste. (a) Starting May 1, 2011, there shall be assessed a fee to be paid to the Boston Mountain Regional Solid Waste Management District on all solid waste generated: (1) Within the district; or (2) Outside the district and brought to a processing or…

8 CAR § 130-1502. Fee amount. (a)(1) The amount of the fee assessed shall be two dollars ($2.00) per ton. (2)(A) Fifty cents (50¢) per ton of this fee shall be deposited into a fund designated for landfill diversion strategies and programs. (B) This fund is only to be used with a…

8 CAR § 130-1601. Intent. (a) It is the intention under this subpart for all waste that is generated or disposed of within the Boston Mountain Regional Solid Waste Management District to be assessed this fee one (1) time only. (b) Wastes which are ultimately recycled or composted…

8 CAR § 130-1602. Landfills. (a) Any landfill located within the Boston Mountain Regional Solid Waste Management District shall pay to the district an amount equal to the per-ton fee amount in 8 CAR § 130-1501 times the number of tons of solid waste handled. (b) Such fee will be …

8 CAR § 130-1603. Solid waste material recovery facility. (a)(1) Any solid waste material recovery facility located within the Boston Mountain Regional Solid Waste Management District shall pay to the district an amount equal to the per-ton fee amount in 8 CAR § 130-1501 times th…

8 CAR § 130-1604. Class S composting facilities. (a)(1) Any Class S composting facility located within the Boston Mountain Regional Solid Waste Management District shall pay to the district an amount equal to the per-ton fee amount in 8 CAR § 130-1501 times the number of tons of …

8 CAR § 130-1605. Transfer stations. (a)(1) Any transfer station located within the Boston Mountain Regional Solid Waste Management District shall pay to the district an amount equal to the per-ton fee amount in 8 CAR § 130-1501 times the number of tons of solid waste handled. (2…

8 CAR § 130-1606. Out-of-district haulers. Any hauler who collects solid waste generated within the Boston Mountain Regional Solid Waste Management District but transports it out of district for processing or disposal shall be required to submit the applicable fee in 8 CAR § 130-…

8 CAR § 130-1607. Schedule. (a)(1) Fees shall be paid to the Boston Mountain Regional Solid Waste Management District quarterly. (2) For all wastes handled during the months of January – March, payment will be due by April 30. (3) For all wastes handled during the months of April…

8 CAR § 130-1608. Recycling credits. (a) Any facility required to pay fees under Subpart 15 of this part, this subpart, and Subpart 17 of this part may be entitled to credits for fees paid on waste handled at the facility that was later recycled or composted. (b) Solid waste mate…

8 CAR § 130-1701. 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 Subparts 15 and 16 of this part and this subpart.

8 CAR § 130-1702. Penalties. A penalty of up to one thousand dollars ($1,000) per violation per day of violation may be assessed against any person violating the provisions of Subparts 15 and 16 of this part and this subpart.

8 CAR § 130-1703. Enforcement. The Director of the Boston Mountain Regional Solid Waste Management District is authorized to seek the approval of the Board of Directors of the Boston Mountain Regional Solid Waste Management District to institute legal and/or equitable action in t…

8 CAR § 130-1704. Inspection and information gathering. (a) Any solid waste facility or solid waste hauler shall, upon the request of any Boston Mountain Regional Solid Waste Management District-designated person: (1) Furnish information relating to any activity at the facility o…

8 CAR § 130-1801. Definition. For purposes of this subpart, “solid waste reduction activities” means: (1) Recycling; (2) Using waste items as raw materials in a production process; (3) Using waste items to produce an end product with or without recycling; (4) Using waste items as…

8 CAR § 130-1802. Eligibility. (a) For the purposes of this subpart, eligible grant recipients shall be: (1) Municipalities and counties; (2) Solid waste authorities; and (3) Regional solid waste management boards. (b) Also, partnerships between these public entities and private …

8 CAR § 130-1803. Procedures. (a) Supporting documentation for all purchases should be kept on file by each grant recipient for a period of three (3) years from the date of disbursement to the grantee. (b)(1) Each grantee shall provide Recycling Activity Surveys for a period of f…

8 CAR § 130-201. Proposed action. At any Board of Directors of the Boston Mountain Regional Solid Waste Management District meeting, the board may adopt proposed: (1) New rules; (2) Modifications to existing rules; or (3) Repeal of any existing rules.…

8 CAR § 130-202. Notice of proposed action. (a) Notice of the proposed new rule or modification or repeal of an existing rule shall be given to the public via publication in a newspaper or newspapers of general circulation. (b)(1) Notice will normally be published on Wednesdays. …

8 CAR § 130-203. Public comment. (a) The notice in 8 CAR § 130-202 shall solicit written comments from the public for a period of not less than thirty (30) days. (b) The notice shall also provide the address where all comments should be sent.

8 CAR § 130-204. Public hearing. (a) The Boston Mountain Regional Solid Waste Management District may, at its sole discretion, hold a public hearing to take oral comments from the public concerning any proposed action. (b) Should a public hearing be held, notice of the hearing sh…

8 CAR § 130-205. Final action. (a) At any Board of Directors of the Boston Mountain Regional Solid Waste Management District meeting following the close of the public comment period or any public hearing, the board may act on the proposal by: (1) Adopting it as originally written…

8 CAR § 130-206. Emergency proceedings. (a) Should the Boston Mountain Regional Solid Waste Management District find that imminent peril to the public health, safety, or welfare requires adoption of a rule upon fewer than thirty (30) days’ notice, and states in writing its reason…

8 CAR § 130-207. Filing. The Boston Mountain Regional Solid Waste Management District shall file with the Secretary of State, the Arkansas State Library, and the Bureau of Legislative Research, a certified copy of each rule adopted by it, and a statement of financial impact for t…

8 CAR § 130-208. Effective date. (a) Each rule adopted by the Boston Mountain Regional Solid Waste Management District shall be effective ten (10) days after filing unless a later date is specified by law or in the rule itself. (b)(1) However, an emergency rule may become effecti…

8 CAR § 130-209. Certification of rules. A copy of any rule adopted by the Board of Directors of the Boston Mountain Regional Solid Waste Management District may be certified by: (1) Signature of the Chair of the Board of Directors of the Boston Mountain Regional Solid Waste Mana…

8 CAR § 130-210. Official records. (a)(1) The Boston Mountain 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 rulemaki…

8 CAR § 130-211. Substantial compliance. Every rulemaking action by the Boston Mountain Regional Solid Waste Management District after the effective date of this subpart shall be effective if the rulemaking action substantially complies with this subpart.

8 CAR § 130-212. 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 § 130-301. Authority. (a) The Director of the Boston Mountain Regional Solid Waste Management District shall keep a log of all complaints received and violations determined by the Boston Mountain Regional Solid Waste Management District. (b) The director is granted the disc…

8 CAR § 130-302. Administrative order. (a) When the Director of the Boston Mountain Regional Solid Waste Management District determines that a person is subject to penalties, revocation or suspension of a license, or other action, pursuant to the Boston Mountain Regional Solid Wa…

8 CAR § 130-303. Right to hearing. (a)(1) Upon receipt of an administrative order, the person against whom the administrative order is issued may object and request a hearing before the Board of Directors of the Boston Mountain Regional Solid Waste Management District. (2) The re…

8 CAR § 130-304. First offense. The Board of Directors of the Boston Mountain Regional Solid Waste Management District may waive any penalty for a first offense based on the person’s prior record.

8 CAR § 130-305. Final agency action. The written order adopted by the Board of Directors of the Boston Mountain Regional Solid Waste Management District shall be the final agency action for the purpose of appeal to circuit court.

8 CAR § 130-306. Appeals to circuit court. The appellant may appeal the final agency action of the Board of Directors of the Boston Mountain Regional Solid Waste Management District to Madison County Circuit Court or Washington County Circuit Court in Arkansas.

8 CAR § 130-401. Definitions. As used in this subpart: (1) "Certificate of need" means a certificate issued by the Board of Directors of the Boston Mountain Regional Solid Waste Management District to any person proposing to obtain a permit for a solid waste facility; (2) "Certif…

8 CAR § 130-402. Applicability. (a) This subpart and Subpart 5 of this part shall apply to every solid waste facility proposed to be located either wholly or partially within the jurisdiction of the Boston Mountain Regional Solid Waste Management District or the expansion of any …

8 CAR § 130-403. Criteria for review. When reviewing an application for a certificate of need, the Boston Mountain Regional Solid Waste Management District will consider the following criteria: (1) Whether the proposed facility is consistent with the regional planning strategy ad…

8 CAR § 130-404. 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 landfill permit with the Division of Environmental Quality. (2) If a preapplication is not filed within sixty (6…

8 CAR § 130-501. Notice of intent. (a) At least fifteen (15) days prior to submitting an application for a certificate of need, the applicant must notify the Boston Mountain Regional Solid Waste Management District, in writing, of its intent to submit such an application. (b) The…

8 CAR § 130-502. Application. (a) Persons requesting a certificate of need from the Boston Mountain Regional Solid Waste Management District must submit an application to the district. (b) All applications for certificates of need shall include, at a minimum, the following inform…

8 CAR § 130-503. Completeness determination. (a) Within fourteen (14) days of receipt of the initial application, the Boston Mountain Regional Solid Waste Management District will make a completeness determination of the application. (b) Any additional information the district de…

8 CAR § 130-504. Review period. (a) Once the Boston Mountain Regional Solid Waste Management District has determined that an application for a certificate of need is complete, it will so notify the applicant and publish notice of the review period in papers as described in 8 CAR …

8 CAR § 130-505. Public hearing. During the review period, the Boston Mountain Regional Solid Waste Management District will conduct a public hearing within the county where the proposed facility or modification is to be located.

8 CAR § 130-506. Determination. (a)(1) At the first scheduled Board of Directors of the Boston Mountain Regional Solid Waste Management District meeting following the close of the review period, the board will take up for consideration the application for a certificate of need. (…

8 CAR § 130-507. Appeal of decision. (a) Any interested person 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 Environment…

8 CAR § 130-601. Definitions. As used in this subpart: (1)(A) "Solid waste" means any garbage, or refuse, sludge from a wastewater treatment plant, water supply treatment plant, or air pollution control facility and other discarded material, including solid, liquid, semisolid, or…