Title 8, Environmental Law

(a) (1) Any enforcement agency described in § 8-6-412 which has knowledge of, discovers, or finds any junk motor vehicle, old vehicle tire, or inoperative or discarded household appliance on either public or private property may take it into custody and possession.(2) The enforce…

(a) (1) The enforcement agency which takes into custody and possession any junk motor vehicle, within thirty (30) days after taking custody and possession thereof, shall notify the last known registered owner of the junk motor vehicle and all lienholders of record that the junk m…

(a) If a junk motor vehicle is not reclaimed as provided for in § 8-6-414, the enforcement agency in possession of the junk motor vehicle shall sell it either at a public auction or to a salvage yard or demolisher. The purchaser of the junk motor vehicle shall take title to the j…

(a) From the proceeds of any sale, the enforcement agency which sold the junk motor vehicle, old vehicle tire, or inoperative or discarded household appliance shall reimburse itself for any expenses it may have incurred in removing, towing, preserving, and storing the property an…

(a) (1) Except for containers for medicinal substances contained in a first-aid kit or prescribed by a licensed physician, and except as provided under subdivision (a)(2) of this section, no person shall possess or use glass containers within a vessel within the banks of Arkansas…

This subchapter may be known and cited as the “Solid Waste Management and Recycling Fund Act”.

(a) The General Assembly finds that the solid waste needs of the state are not being met in an efficient, cost-efficient, and environmentally sound manner. The current reliance upon localized landfills is threatening to add Arkansas to those states experiencing solid waste manage…

(1) As used in this subchapter, unless the context otherwise requires:(1) “Commission” means the Arkansas Pollution Control and Ecology Commission;(2) “Landfill” means all landfills permitted under the Arkansas Solid Waste Management Act, § 8-6-201 et seq., except those permitted…

(a) Unless otherwise excused by the Arkansas Pollution Control and Ecology Commission pursuant to the Arkansas Solid Waste Management Act, § 8-6-201 et seq., each governmental entity which is required to submit or has submitted a solid waste management plan pursuant to § 8-6-211 …

(a) There is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a trust fund to be known as the “Solid Waste Management and Recycling Fund”. (b) The fund shall be administered by the Division of Environmental Qualit…

(a) (1) Except as provided in subsection (c) or subsection (e) of this section, there is imposed on each landfill permittee a landfill disposal fee of twenty-five cents (25¢) for each uncompacted cubic yard of solid waste and forty-five cents (45¢) for each compacted cubic yard o…

(a) On or before January 15, April 15, July 15, and October 15 of each year, each landfill permittee and each solid waste transporter shall:(1) Submit to the Division of Environmental Quality a quarterly report that accurately states the total weight or volume of solid waste rece…

Failure of the permittee or solid waste transporter to pay the fees assessed by the Division of Environmental Quality provides grounds for administrative or civil enforcement action. Sanctions may include civil penalties as provided in the Arkansas Solid Waste Management Act, § 8…

(a) The Arkansas Pollution Control and Ecology Commission may adopt reasonable rules necessary to implement this subchapter, including without limitation:(1) Collecting fees; and(2) Setting priorities for the administration of this subchapter. (1) Collecting fees; and (2) Setting…

For the purpose of determining landfill disposal or transportation fees under this subchapter, the landfill permittees and solid waste transporters shall use the dry weight basis in determining the fee for disposal or transportation of ash.

(a) A program for the recycling of computer and electronic equipment is created. (b) The General Assembly finds that:(1) Computer and electronic equipment solid waste are among the fastest growing and most toxic segments of Arkansas's solid waste stream; and(2) There are recyclin…

(a) (1) Funds collected under this subchapter and deposited into the State Treasury to the credit of the Solid Waste Management and Recycling Fund, less up to twenty percent (20%) for administrative support for the Division of Environmental Quality, shall be allocated annually to…

The purpose of this subchapter is to protect the public health and the state's environmental quality by establishing regional solid waste management and planning. The current system, relying upon solid waste management by individual counties and municipalities, has fostered prese…

(1) As used in this subchapter:(1) “Board” or “regional board” means a regional solid waste management board established pursuant to this subchapter;(2) “Commission” means the Arkansas Pollution Control and Ecology Commission;(3) “Disposal site” means any place at which solid was…

(a) (1) (A) The eight (8) regional solid waste planning districts created by Acts 1989, No. 870, and each solid waste service area created pursuant to Acts 1989, No. 870, are renamed regional solid waste management districts.(B) Each regional solid waste management district shall…

(a) The regional solid waste management boards have the following powers and duties:(1) To collect data, study, and initially evaluate the solid waste management needs of all localities within their regional solid waste management districts, as provided in § 8-6-716, and to publi…

(a) All needs assessments required by this subchapter are subject to review and approval for completeness by the Division of Environmental Quality. (b) Failure to provide complete assessments as required by this subchapter may provide the division with grounds to initiate enforce…

(a) (1) Before an application for a permit is submitted to the Division of Environmental Quality, an applicant for a solid waste landfill permit or a transfer station permit shall obtain a certificate of need from the regional solid waste management board that has jurisdiction ov…

(a) (1) (A) After notification of the appropriate regional solid waste management board or boards, the Arkansas Pollution Control and Ecology Commission may designate a county or counties within each regional solid waste management district or counties within two (2) or more dist…

(1) The Arkansas Pollution Control and Ecology Commission is authorized to prescribe procedures and rules:(1) To guide the initial and continued organization and operation of the respective regional solid waste management boards in accordance with the purposes of this subchapter …

(a) Any regional solid waste management board may enter into agreements for the specific purpose of implementing this subchapter. (b) Any such agreement shall specify the following:(1) Its duration;(2) The precise organization, composition, and nature of any separate legal or adm…

(a) (1) Each regional solid waste management board shall be the governmental entity primarily responsible for providing a solid waste management system for the regional solid waste management district.(2) The counties and municipalities shall continue to be responsible for solid …

(a) A regional solid waste management district is authorized to own, acquire, construct, reconstruct, extend, equip, improve, operate, maintain, sell, lease, contract concerning, or otherwise deal in facilities of any nature necessary or desirable for the control, collection, rem…

(a) A regional solid waste management district which has an approved solid waste management plan may:(1) (A) Require, by rule or other legal means, that solid waste generated or collected within the boundaries of the district be delivered to a particular project for disposal, tre…

(a) 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) Issue any bonds for solid waste management purposes; or(2) Pledge any revenues de…

(a) (1) (A) A regional solid waste management board may fix, charge, and collect rents, fees, and charges of no more than two dollars ($2.00) per ton of solid waste related to the movement or disposal of solid waste within the regional solid waste management district, including w…

(a) In the event that necessary lands needed for the accomplishment of the purposes authorized by this chapter cannot be acquired by negotiation, any regional solid waste management district is authorized to acquire the needed lands by condemnation proceedings under the power of …

(a) (1) (A) (i) Each regional solid waste management board created pursuant to this subchapter shall prepare a regional needs assessment evaluating the solid waste management needs within its regional solid waste management district. Provided, however, that such regional needs as…

Beginning July 1, 1993, each regional solid waste management board shall establish a waste tire collection center at which residents of the regional solid waste management district may dispose of their waste motor vehicle tires at no cost except as provided by rule of the Arkansa…

(a) Each regional solid waste management board shall establish a program for the composting of yard waste. (b) Each board shall establish a pilot program for the composting of yard waste collected in an area with a population of at least five thousand (5,000) persons. The pilot p…

(a) (1) Each regional solid waste management board shall ensure that its residents have an opportunity to recycle.(2) At least one (1) recyclable materials collection center shall be available in each county of a regional solid waste management district unless the Arkansas Pollut…

(a) A person who engages in the business of hauling solid waste must obtain a license from the regional solid waste management board if:(1) The person is engaged in the collection of solid waste within the regional solid waste management district; or(2) The person is engaged in t…

Any person who violates this subchapter or any rule of the Arkansas Pollution Control and Ecology Commission or of a regional solid waste management board shall be deemed guilty of a misdemeanor. Upon conviction, the person shall be subject to imprisonment for not more than thirt…

(a) (1) In lieu of forming a regional solid waste management district under any other provision of this subchapter, a district may be created by interlocal agreement of the local governments in any county with a population of at least ninety thousand (90,000) persons and in which…

Regional solid waste management boards may adopt more restrictive standards for the location, design, construction, and maintenance of solid waste disposal sites and facilities than the state government or United States Government, provided such standards are based upon generally…

(1) As used in this subchapter, unless the context otherwise requires:(1) “Authority” means the Arkansas Development Finance Authority;(2) “Board” means a regional solid waste management board created under § 8-6-701 et seq.;(3) “Bonds” means bonds and any series of bonds authori…

(a) The powers provided by this subchapter shall be supplemental to all other powers conferred on regional solid waste management boards. (b) Except as expressly provided in this subchapter, the acquisition, construction, reconstruction, enlargement, equipment, or operation and m…

A regional solid waste management board may pledge any rents, fees, and charges imposed by the board to secure the repayment of bonds issued to finance projects, as provided for in this subchapter.

(a) Regional solid waste management boards are authorized to use any available funds and revenues for the accomplishment of projects and may issue bonds, as authorized by this subchapter, for the purpose of paying project costs and accomplishing projects, either alone or together…

(a) The resolution authorizing the bonds may provide for the execution by the regional solid waste management district with a bank or trust company within or without this state of a trust indenture which defines the rights of the holders and registered owners of the bonds. (b) Th…

(a) (1) In the event of a default in the payment of the principal of, premium on, if any, or interest on any bonds issued under this subchapter, any court having jurisdiction may appoint a receiver to take charge of all or any part of the project in which there is a mortgage lien…