Arkansas Administrative Code

8 CAR § 171-401. Severability. If any provision of this part or the application thereof to any person, event, or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this part which can be given effect without the invalid provisions o…

8 CAR § 172-101. Purpose. Pursuant to such legislation, the Board of the East Arkansas Regional Solid Waste Management District desires to enact this part to provide for the licensing of haulers who are engaged in the collection of solid waste within the East Arkansas Regional So…

8 CAR § 172-102. Definitions. As used in this part, the following definitions shall apply: (1) “ADPC&E” means the Arkansas Pollution Control and Ecology Commission; (2) “Application” means the document prepared by the East Arkansas Regional Solid Waste Management District for a h…

8 CAR § 172-201. Application for license. A hauler: (1) Shall obtain and complete an application for a license as prescribed by the East Arkansas Regional Solid Waste Management District within the time frame set by the district; and (2) Shall not engage in the collection of soli…

8 CAR § 172-202. Application information. (a) The application shall include, but not be limited to, the following information: (1) Name, address, and telephone number of hauler; (2) Description of each vehicle to be licensed including: (A) Make, model, and year of vehicle; (B) Ve…

8 CAR § 172-203. Fees. (a) The applicant shall include the required fee for each vehicle at the time the application is submitted to the East Arkansas Regional Solid Waste Management District. (b)(1) The fee to be paid with the application shall be based on the number of vehicles…

8 CAR § 172-204. Issuance of license. (a)(1) After the hauler has complied with all requirements for a license for a vehicle as provided in this part to the satisfaction of the East Arkansas Regional Solid Waste Management District or its personnel and/or agents, the vehicle shal…

8 CAR § 172-205. Inspection of vehicle. The East Arkansas Regional Solid Waste Management District, through its personnel and/or agents, shall have the right to review and inspect the hauler’s vehicle or vehicles to ensure the hauler’s compliance with this part.

8 CAR § 172-206. Revocation of license. A hauler’s license may be revoked, suspended, or terminated by the East Arkansas Regional Solid Waste Management District upon failure to comply with the provisions and requirements of this part as well as the failure to comply with any fed…

8 CAR § 172-301. Exemption from licensing. A license shall not be required for the following: (1) An individual hauling only their household waste to a permitted facility; (2) The transport of solid waste from an industrial facility to its own Class 3N landfill; and (3) A regiona…

8 CAR § 172-302. Financial assurance. The hauler: (1) Must establish financial responsibility to the satisfaction of the East Arkansas Regional Solid Waste Management District prior to the issuance of the license; and (2) Shall maintain such financial responsibility during the ef…

8 CAR § 172-303. Additional requirements. (a) Driver’s license. Any individual who drives a vehicle shall hold the appropriate driver’s license as required by Arkansas law. (b) Display of license. Every hauler must display the license given at the time of licensing in the left fr…

8 CAR § 172-304. Penalties. (a) Any hauler who fails to comply with the terms and conditions of this part shall be required to pay a penalty of one hundred dollars ($100) per vehicle to the East Arkansas Regional Solid Waste Management District for each day of noncompliance. (b) …

8 CAR § 172-401. Severability. If any provision of this part or the application thereof to any person, event, or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this part which can be given effect without the invalid provisions o…

8 CAR § 173-101. Definition. (a)(1) Unless otherwise specifically defined herein, the term used in this part shall have the meaning accorded to it in Arkansas Code § 8-6-701 et seq., and the rules promulgated thereunder. (2) Additionally, the use of the singular shall include the…

8 CAR § 173-102. Notice of intent. (a) At least thirty (30) days prior to submitting an application for a certificate of need, the applicant must notify the East Arkansas Regional Solid Waste Management District, in writing, of its intent to submit such an application. (b) The no…

8 CAR § 173-103. Application. (a) An applicant requesting a certificate of need from the East Arkansas 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 inf…

8 CAR § 173-104. Completeness determination. (a) Within thirty (30) days of receipt of the initial application, the East Arkansas Regional Solid Waste Management District will make a completeness determination of the application. (b)(1) Any additional information that the distric…

8 CAR § 173-105. Review period. (a) Once the East Arkansas 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 once a week for two (2) consecutiv…

8 CAR § 173-106. Public hearing. During the sixty-day review period, the East Arkansas 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 § 173-107. Criteria for review. When reviewing an application for a certificate of need, the East Arkansas Regional Solid Waste Management District shall consider and evaluate the following criteria: (1) Whether the proposed facility is consistent with the regional planning…

8 CAR § 173-108. Determination. (a) Within sixty (60) days following the close of the review period, the East Arkansas Regional Solid Waste Management District will act upon the application for a certificate of need at a district meeting. (b) The administrator for the district sh…

8 CAR § 173-110. Obligations. (a)(1) The applicant has sixty (60) days from the issuance of the certificate of need in which to file a preapplication for a solid waste landfill or transfer station permit with the Division of Environmental Quality. (2) If a preapplication is not f…

8 CAR § 173-111. Severability. If any provision of this part or the application thereof to any person, event, or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this part which can be given effect without the invalid provisions o…

8 CAR § 190-101. Definitions.For the purposes of this part, the following definitions shall apply: (1) “Arkansas Administrative Procedure Act” means the Arkansas Administrative Procedure Act codified at Arkansas Code § 25-15-201 et seq., as amended from time to time; (2) “ADEQ” o…

8 CAR § 190-102. Rulemaking — Proposed action. At any Board of Directors of the Faulkner County Regional Solid Waste Management District meeting, the board may adopt: (1) Proposed new rules; (2) Modifications to existing rules; or (3) Repeal of any existing rules.…

8 CAR § 190-103. Rulemaking — Notice of proposed action. (a) Notice of the proposed new rule, modification to an existing rule, or repeal of an existing rule shall be given to the public via publication in the following publication: Log Cabin Democrat. (b)(1) Notice will normally…

8 CAR § 190-104. Rulemaking — Public comment. (a) The notice in 8 CAR § 130-103 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 § 190-105. Rulemaking — Public hearing. (a) The Faulkner County 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 t…

8 CAR § 190-106. Rulemaking — Final action. (a) At any Board of Directors of the Faulkner County 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 origi…

8 CAR § 190-107. Rulemaking — Emergency proceedings. (a) Should the Faulkner County 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 writi…

8 CAR § 190-108. Rulemaking — Filing. The Faulkner 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 rule adopted by it; and (2) Statement of fin…

8 CAR § 190-109. Rulemaking — Effective date. (a) Each rule adopted by the Faulkner County 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 b…

8 CAR § 190-110. Rulemaking — Certification of rules. A copy of any rule adopted by the Board of Directors of the Faulkner County Regional Solid Waste Management District may be certified by: (1) Signature of the chair and secretary/treasurer of the board; and (2) Affixing the of…

8 CAR § 190-111. Rulemaking — Official records. (a)(1) The Faulkner 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 notic…

8 CAR § 190-112. Rulemaking — Substantial compliance. Every rulemaking action by the Faulkner County 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 § 190-113. Rulemaking — 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 necessa…

8 CAR § 190-114. Rulemaking — Severability. If any provision of any Faulkner 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 distric…

8 CAR § 190-115. Rulemaking — Petition for rulemaking. (a) Any person residing or doing business within the Faulkner County Regional Solid Waste Management District may petition the Board of Directors of the Faulkner County Regional Solid Waste Management District for a rulemakin…

8 CAR § 190-116. Adjudications — Assessment of penalty. (a)(1) The Board of Directors of the Faulkner County Regional Solid Waste Management District shall keep a log of all complaints or violations and is granted the discretion and authority to assess monetary penalties for viol…

8 CAR § 190-117. Adjudications — Form. (a) Penalties shall be assessed by a written administrative order, signed by a member of the Board of Directors of the Faulkner County Regional Solid Waste Management District, and delivered to the person against whom the penalty is assessed…

8 CAR § 190-118. Adjudications — 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 Faulkner County Regional Solid Waste Management Dis…

8 CAR § 190-119. Adjudications — Appeal to board. (a) Persons who timely file a request for appeal shall be entitled to be heard at the first regularly scheduled Board of Directors of the Faulkner County Regional Solid Waste Management District meeting following their request for…

8 CAR § 190-120. Adjudications — Final agency action. The written order adopted by the Board of Directors of the Faulkner County Regional Solid Waste Management District shall be the final agency action for the purpose of appeal to circuit court.

8 CAR § 190-121. Adjudications — Appeals to circuit court. The appellant may appeal the final action of the Board of Directors of the Faulkner County Regional Solid Waste Management District to circuit court in Faulkner County, Arkansas.

8 CAR § 190-122. Board of directors. (a) The Faulkner County Regional Solid Waste Management District shall be governed by a regional solid waste management board of directors (board). (b) The Board of Directors of the Faulkner County Regional Solid Waste Management District shal…

8 CAR § 190-123. Officers. (a) The general officers of the Board of Directors of the Faulkner County Regional Solid Waste Management District shall consist of no less than five (5) members including a chair, vice chair, secretary, and treasurer. (b) Election of officers shall occ…