Ark. Code Ann. § 8-8-202 — AR Code / Title 8 / Chapter 8 / Subchapter 2 / Section 8-8-202
Text of compact
Status: in_force

The Central Interstate Low-Level Radioactive Waste Compact is hereby enacted into law and entered into by the State of Arkansas with any and all states legally joining therein in accordance with its terms, in the form substantially as follows: ARTICLE I. Policy and Purpose The party states recognize that each state is responsible for the management of its nonfederal low-level radioactive wastes. They also recognize that the Congress, by enacting the Low-Level Radioactive Waste Policy Act (Public Law 96-573), has authorized and encouraged states to enter into compacts for the efficient management of wastes. It is the policy of the party states to cooperate in the protection of the health, safety, and welfare of their citizens and the environment, and to provide for and encourage the economical management of low-level radioactive wastes. It is the purpose of this compact to provide the framework for such a cooperative effort; to promote the health, safety, and welfare of the citizens and the environment of the region; to limit the number of facilities needed to effectively and efficiently manage low-level radioactive wastes and to encourage the reduction of the generation thereof; and to distribute the costs, benefits, and obligations among the party states. It is the policy of the party states that activities conducted by the commission are the formation of public policies and are therefore public business. ARTICLE II. Definitions As used in this compact, unless the context clearly requires a different construction: (a) "Commission" means the Central Interstate Low-Level Radioactive Waste Compact Commission; (b) "Disposal" means the isolation and final disposition of waste; (c) "Decommissioning" means the measures taken at the end of a facility's operating life to assure the continued protection of the public from any residual radioactivity or other potential hazards present at the facility; (d) "Extended care" means the continued observation of a facility after closure for the purpose of detecting a need for maintenance, ensuring environmental safety, and determining compliance with applicable licensure and regulatory requirements and includes undertaking any action or cleanup necessary to protect public health and the environment; (e) "Facility" means any site, location, structure, or property used or to be used for the management of waste; (f) "Generator" means any person who, in the course of or as an incident to manufacturing, power generation, processing, medical diagnosis and treatment, biomedical research, other industrial or commercial activity, other research, or mining in a party state, produces or processes waste. "Generator" does not include any person who receives waste generated outside the region for subsequent shipment to a regional facility; (g) "Host state" means any party state in which a regional facility is situated or is being developed; (h) "Institutional control" means those activities carried out by the host state to physically control access to the disposal site following transfer of the license to the owner of the disposal site. These activities include, but are not limited to, environmental monitoring, periodic surveillance, minor custodial care, and other necessary activities at the site as determined by the host state and administration of funds to cover the costs for these activities. The period of institutional control will be determined by the host state but may not be less than one hundred (100) years following transfer of the license to the owner of the disposal site; (i) "Low-level radioactive waste" or "waste" means, as defined in the Low-Level Radioactive Waste Policy Act (Public Law 96-573), radioactive waste not classified as: high-level radioactive waste; transuranic waste; spent nuclear fuel; or by-product material as defined in Section 11 e.2 of the Atomic Energy Act of 1954, as amended through 1978; (j) "Management of waste" means the storage, treatment, or disposal of waste; (k) "Notification of each party state" means transmittal of written notice to the Governor, presiding officer of each legislative body, and any other persons designated by the party state's commission member to receive such notice; (l) "Party state" means any state which is a signatory party to this compact; (m) "Person" means any individual, corporation, business enterprise, or other legal entity, either public or private; (n) "Region" means the area of the party states; (o) "Regional facility" means a facility which is located within the region and which has been approved by the commission for the benefit of the party states; (p) "Site" means any property which is owned or leased by a generator and is contiguous to or divided only by a public or private way from the source of generation; (q) "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, or any other territorial possession of the United States; (r) "Storage" means the holding of waste for treatment or disposal; and (s) "Treatment" means any method, technique, or process, including storage for radioactive decay, designed to change the physical, chemical, or biological characteristics or composition of any waste in order to render such waste safer for transport or management, amenable for recovery, convertible to another usable material, or reduced in volume. ARTICLE III. Rights and Obligations (a) There shall be provided within the region one (1) or more regional facilities which together provide sufficient capacity to manage all wastes generated within the region. It shall be the duty of regional facilities to accept compatible wastes generated in and from party states, and meeting the requirements of this subchapter, and each party state shall have the right to have the wastes generated within its borders managed at such facility. (b) To the extent authorized by federal law and host state law, a host state shall regulate and license any regional facility within its borders and ensure the extended care of such facility. (c) Rates shall be charged to any user of the regional facility, set by the operator of a regional facility, and shall be fair and reasonable and be subject to the approval of the host state. Such approval shall be based upon criteria established by the commission. (d) A host state may establish fees which shall be charged to any user of a regional facility, and which shall be in addition to the rates approved pursuant to section (c) of this article, for any regional facility within its borders. Any fees proposed by the host state shall be subject to a one hundred twenty-day prior notice to the commission with an opportunity to provide comments to the host state. Such fees shall be fair and reasonable and shall provide the host state with sufficient revenue to cover all anticipated present and future costs associated with any regional facility and a reasonable reserve for future contingencies, which are not covered by rates established in section (c) of this article including, but not limited to: 1. The licensure, operation, monitoring, inspection, maintenance, decommissioning, closure, institutional control, and extended care of a regional facility; and 2. Response, removal, remedial action or cleanup deemed appropriate and required by the host state as a result of a release of radioactive or hazardous materials from such regional facility; and 3. Premiums for property and third-party liability insurance; and 4. Protection of the public health, safety, and environment; and 5. Compensation and incentives to the host community; 6. Any amount due from a judgment or settlement involving a property or third-party liability claim for medical expenses and all other damages incurred as a result of personal injury or death, and damages or losses to real or personal property or the environment; and 7. Cost of defending or pursuing liability claims against any party or state. The fees established pursuant to this section (d) of this article may include incentives for source and volume reduction and may be based on the hazard of the waste. Notwithstanding anything to the contrary in this compact, or in any state constitution, statute, or regulation, to the extent that such fees are insufficient to pay for any costs associated with a regional facility, including all costs under section (d) of Article III, all party states and any other state(s) whose generators use the regional facility, shall share liability for all such costs. However, there shall be no recovery from the states under section (d) of this article until all available funds, payments or in-kind services have been exhausted including: i. Designated low-level radioactive waste funds managed by the host state; and ii. Payable proceeds of insurance or surety policies applicable to a regional facility; and iii. Proceeds of reasonable collection efforts against the regional facility operator(s); and iv. Payments from or in-kind services by generators. In the event any regional facility operator files or has filed against it a bankruptcy proceeding, then for purposes of determining whether or not reasonable collection efforts have been undertaken, the filing of such proceedings if not dismissed within sixty (60) days of filing shall be considered exhaustion of reasonable collection efforts with respect to such party. Recovery from the states under section (d) of Article III upon satisfaction of the exhaustion of available funds, payments, or in-kind services shall not preclude any state from further recovery of its costs from a facility operator, insurer, or generator. During the period of time that such reasonable collection efforts or exhaustion of available funds, payments, or in-kind services occur, any applicable statutes of limitation with respect to claims against any other parties or states will be deemed tolled and will not run. All costs or liabilities shared by a state shall be shared proportionately by comparing the volume of the waste received at a regional facility from the generators of each state with the total volume of the waste received at a regional facility from all generators. (e) To the extent authorized by federal law, each party state is responsible for enforcing any applicable federal and state laws and regulations pertaining to the packaging and transportation of waste generated within or passing through its borders and shall adopt practices that will ensure that waste shipments originating within its borders and destined for a regional facility will conform to applicable packaging and transportation laws and regulations. (f) Each party state has the right to rely on the good faith performance of each other party state. (g) Unless authorized by the commission, it shall be unlawful after January 1, 1986, for any person: (1) To deposit, at a regional facility, waste not generated within the region; (2) To accept, at a regional facility, waste not generated within the region; (3) To export from the region waste which is generated within the region; and (4) To transport waste from the site at which it is generated except to a regional facility. ARTICLE IV. The Commission (a) There is hereby established the Central Interstate Low-Level Radioactive Waste Compact Commission. The commission shall consist of one (1) voting member from each party state, except that each host state shall have two (2) at-large voting members and one (1) nonvoting member from the county in which the facility is located. All members shall be appointed according to the laws of each state. The appointing authority of each party state shall notify the commission in writing of the identity of its member and any alternates. Any alternate may act on behalf of the member only in the absence of such member or members. Each state is responsible for the expenses of its member of the commission. (b) Except for the nonvoting member, each commission member shall be entitled to one (1) vote. Unless otherwise provided herein, no action of the commission shall be binding unless a majority of the total voting membership casts its vote in the affirmative. (c) The commission shall elect from among its membership a chairman. The commission shall adopt and publish, in convenient form, bylaws and policies which are not inconsistent with this compact. (d) The commission shall meet at least once a year, and shall also meet upon the call of the chairman, by petition of a majority of the membership, or upon the call of a host state member. All meetings of the commission shall be open to the public with reasonable advance publicized notice given, and such meetings shall be subject to those exceptions provided for within the open meetings laws of the host state. The commission shall adopt bylaws that are consistent in scope and principle with the open meetings law of the host state or, if there is no host state, the open meetings law of the state in which the commission headquarters are located. (e) The commission may initiate any proceedings or appear as an intervenor or party in interest before any court of law, or any federal, state, or local agency, board, or commission that has jurisdiction over any matter arising under or relating to the terms and provisions of this compact. The commission shall determine in which proceedings it shall intervene or otherwise appear and may arrange for such expert testimony, reports, evidence, or other participation in such proceedings as may be necessary to represent its views. (f) The commission may establish such committees as it deems necessary for the purpose of advising the commission on any and all matters pertaining to the management of waste. (g) The commission may employ and compensate a staff limited only to those persons necessary to carry out its duties and functions. The commission may also contract with and designate any person to perform necessary functions to assist the commission. Unless otherwise required by acceptance of a federal grant, the staff shall serve at the commission's pleasure irrespective of the civil service, personnel, or other merit laws of any of the party states or the federal government and shall be compensated from funds of the commission. (h) Funding for the commission shall be as follows: (1) The commission shall set and approve its first annual budget as soon as practicable after its initial meeting. Party states shall equally contribute to the commission budget on an annual basis, an amount not to exceed twenty-five thousand dollars ($25,000) until surcharges are available for that purpose. Host states shall begin imposition of the surcharges provided for in this section as soon as practicable and shall remit to the commission funds resulting from collection of such surcharges within sixty (60) days of their receipt; and (2) Each state hosting a regional facility shall annually levy surcharges on all users of such facilities, based on the volume and characteristics of wastes received at such facilities, the total of which: (A) Shall be sufficient to cover the annual budget of the commission; and (B) Shall be paid to the commission, provided, however, that each host state collecting such surcharges may retain a portion of the collection sufficient to cover the administrative costs of collection, and that the remainder be sufficient only to cover the approved annual budget of the commission. (i) The commission shall keep accurate accounts of all receipts and disbursements. An independent certified public accountant shall annually audit all receipts and disbursements of commission funds and submit an audit report to the commission. Such audit report shall be made a part of the annual report of the commission required by this article. (j) The commission may accept for any of its purposes and functions any and all donations, grants of money, equipment, supplies, materials, and services, conditional or otherwise from any person, and may receive, utilize, and dispose of same. The nature, amount, and conditions, if any, attendant upon any donation or grant accepted pursuant to this section, together with the identity of the donor, grantor, or lender, shall be detailed in the annual report of the commission. (k) (1) Except as otherwise provided herein, nothing in this compact shall be construed to alter the incidence of liability of any kind for any act, omission, course of conduct, or on account of any causal or other relationships. Generators, transporters of waste, owners, and operators of facilities shall be liable for their acts, omissions, conduct, or relationships in accordance with all laws relating thereto. (2) The commission herein established is a legal entity separate and distinct from the party states and shall be so liable for its actions. Liabilities of the commission shall not be deemed liabilities of the party states. Members of the commission shall not be personally liable for actions taken by them in their official capacity. (l) Any person or party state aggrieved by a final decision of the commission may obtain judicial review of such decisions in the United States District Court in the district wherein the commission maintains its headquarters by filing in such court a petition for review within sixty (60) days after the commission's final decision. Proceedings thereafter shall be in accordance with the rules of procedure applicable in such court. (m) The commission shall: (1) Receive and approve the application of a nonparty state to become a party state in accordance with Article VII; (2) Submit an annual report to, and otherwise communicate with, the governors and the presiding officers of the legislative bodies of the party states regarding the activities of the commission; (3) Hear and negotiate disputes which may arise between the party states regarding this compact; (4) Require of and obtain from the party states, and nonparty states seeking to become party states, data and information necessary to the implementation of commission and party states' responsibilities; (5) Approve the development and operation of regional facilities in accordance with Article V; (6) Notwithstanding any other provision of this compact, have the authority to enter into agreements with any person for the importation of waste into the region and for the right of access to facilities outside the region for waste generated within the region. Such authorization to import or export waste requires the approval of the commission, including the affirmative vote of any host state which may be affected; (7) Revoke the membership of a party state in accordance with Articles V and VII; (8) Require all party states and other persons to perform their duties and obligations arising under this compact by an appropriate action in any form designated in Article IV (e); and (9) Take such action as may be necessary to perform its duties and functions as provided in this compact. (n) All files, records, and data of the commission shall be open to reasonable public inspection, regardless of physical form, subject to those exceptions listed within the host state public records law. The commission shall adopt bylaws relating to the availability of files, records, and data of the commission that are consistent in scope and principle with the public records law of the host state or, if there is no host state, the public records law of the state in which the commission headquarters are located. (o) All decisions of the commission regarding public meetings and public records issues shall be reviewable solely in a United States District Court of a host state or, if there is no host state, then in the state in which the compact commission headquarters are located. ARTICLE V. Development and Operation of Regional Facilities (a) Following the collection of sufficient data and information from the states, the commission shall allow each party state the opportunity to volunteer as a host for a regional facility. (b) If no state volunteers or if no proposal identified by a volunteer state is deemed acceptable by the commission, based on the criteria in Section (c) of this Article, then the commission shall publicly seek applicants for the development and operation of regional facilities. (c) The commission shall review and consider each applicant's proposal based upon the following criteria: (1) The capability of the applicant to obtain a license from the applicable authority; (2) The economic efficiency of each proposed regional facility, including the total estimated disposal and treatment costs per cubic foot of waste; (3) Financial assurances; (4) Accessibility to all party states; and (5) Such other criteria as shall be determined by the commission to be necessary for the selection of the best proposal, based on the health, safety, and welfare of the citizens in the region and the party states. (d) The commission shall make a preliminary selection of the proposal or proposals considered most likely to meet the criteria enumerated in Section (c) and the needs of the region. (e) Following notification of each party state of the results of the preliminary selection process, the commission shall: (1) Authorize any person whose proposal has been selected to pursue licensure of the regional facility or facilities in accordance with the proposal originally submitted to the commission or as modified with the approval of the commission; and (2) Require the appropriate state or states or the U.S. Nuclear Regulatory Commission to process all applications for permits and licenses required for the development and operation of any regional facility or facilities within a reasonable period from the time that a completed application is submitted. (f) The preliminary selection or selections made by the commission pursuant to this article shall become final and receive the commission's approval as a regional facility upon the issuance of a license by the licensing authority. If a proposed regional facility fails to become licensed, the commission shall make another selection pursuant to the procedures identified in this article. (g) The commission may by a two-thirds (2/3) affirmative vote of its membership revoke the membership of any party state which, after notice and hearing shall be found to have arbitrarily or capriciously denied or delayed the issuance of a license or permit to any person authorized by the commission to apply for such license or permit. Revocation shall be in the same manner as provided for in Section (e) of Article VII. ARTICLE VI. Other Laws and Regulations (a) Nothing in this compact shall be construed to: (1) Abrogate or limit the applicability of any act of Congress or diminish or otherwise impair the jurisdiction of any federal agency expressly conferred thereon by the Congress; (2) Prevent the application of any law which is not otherwise inconsistent with this compact; (3) Prohibit or otherwise restrict the management of waste on the site where it is generated if such is otherwise lawful; (4) Affect any judicial or administrative proceeding pending on the effective date of this compact; (5) Alter the relations between, and the respective internal responsibilities of, the government of a party state and its subdivisions; and (6) Affect the generation or management of waste generated by the federal government or federal research and development activities. (b) No party state shall pass or enforce any law or regulation which is inconsistent with this compact. (c) All laws and regulations or parts thereof of any party state which are inconsistent with this compact are hereby declared null and void for purposes of this compact. Any legal right, obligation, violation, or penalty arising under such laws or regulations prior to enactment of this compact shall not be affected. (d) No law or regulation of a party state or of any subdivision or instrumentality thereof may be applied so as to restrict or make more costly or inconvenient access to any regional facility by the generators of another party state than for the generators of the state where the facility is situated. ARTICLE VII. Eligible Parties, Withdrawal, Revocation, Entry Into Force, Termination (a) This compact shall have as initially eligible parties the states of Arkansas, Iowa, Kansas, Louisiana, Minnesota, Missouri, Nebraska, North Dakota, and Oklahoma. Such initial eligibility shall terminate on January 1, 1984. (b) Any state may petition the commission for eligibility. A petitioning state shall become eligible for membership in the compact upon the unanimous approval of the commission. (c) An eligible state shall become a member of the compact and shall be bound by it after such state has enacted the compact into law. In no event shall the compact take effect in any state until it has been entered into force as provided for in Section (f) of this article. (d) Any party state may withdraw from this compact by enacting a statute repealing the same. Unless permitted earlier by unanimous approval of the commission, such withdrawal shall take effect five (5) years after the governor of the withdrawing state has given notice in writing of such withdrawal to each governor of the party states. No withdrawal shall affect any liability already incurred by or chargeable to a party state prior to the time of such withdrawal. (e) Any party state which fails to comply with the terms of this compact or fulfill its obligations hereunder may, after notice and hearing, have its privileges suspended or its membership in the compact revoked by the commission. Revocation shall take effect one (1) year from the date such party state receives written notice from the commission of its action. The commission may require such party state to pay to the commission, for a period not to exceed five (5) years from the date of notice of revocation, an amount determined by the commission based on the anticipated fees which the generators of such party state would have paid to each regional facility and an amount equal to that which such party state would have contributed in accordance with Section (d) of Article III, in the event of insufficient revenues. The commission shall use such funds to ensure the continued availability of safe and economical waste management facilities for all remaining party states. Such state shall also pay an amount equal to that which such party state had contributed to the annual budget of the commission if such party state would have remained a member of the compact. All legal rights established under this compact of any party state which has its membership revoked shall cease upon the effective date of revocation; however, any legal obligations of such party state arising prior to the effective date of revocation shall not cease until they have been fulfilled. Written notice of revocation of any state's membership in the compact shall be transmitted immediately following the vote of the commission, by the chairman, to the governor of the affected party state, all other governors of the party states, and the Congress of the United States. (f) This compact shall become effective after enactment by at least three (3) eligible states and after consent has been given to it by the Congress. The Congress shall have the opportunity to withdraw such consent every five (5) years. Failure of the Congress to withdraw its consent affirmatively shall have the effect of renewing consent for an additional five (5) year period. The consent given to this compact by the Congress shall extend to any future admittance of new party states under Sections (b) and (c) of this article and to the power to ban the exportation of waste pursuant to Article III. (g) The withdrawal of a party state from this compact under Section (d) of this article or the revocation of a state's membership in this compact under Section (e) of this article shall not affect the applicability of this compact to the remaining party states. (h) This compact shall be terminated when all party states have withdrawn pursuant to Section (d) of this article. ARTICLE VIII. Penalties (a) Each party state, consistent with its own law, shall prescribe and enforce penalties against any person for violation of any provision of this compact. (b) Each party state acknowledges that the receipt by a regional facility of waste packaged or transported in violation of applicable laws and regulations can result in sanctions which may include suspension or revocation of the violator's right of access to the regional facility. ARTICLE IX. Severability and Construction The provisions of this compact shall be severable, and if any phrase, clause, sentence, or provision of this compact is declared by a court of competent jurisdiction to be contrary to the Constitution of any participating state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If any provision of this compact shall be held contrary to the Constitution of any state participating therein, the compact shall remain in full force and effect as to the state affected as to all severable matters. The provision of this compact shall be liberally construed to give effect to the purpose thereof. Acts 1983, No. 9, § 1; A.S.A. 1947, § 82-4401; Acts 1991, No. 847, § 1.

The Central Interstate Low-Level Radioactive Waste Compact is hereby enacted into law and entered into by the State of Arkansas with any and all states legally joining therein in accordance with its terms, in the form substantially as follows:

ARTICLE I. Policy and Purpose The party states recognize that each state is responsible for the management of its nonfederal low-level radioactive wastes. They also recognize that the Congress, by enacting the Low-Level Radioactive Waste Policy Act (Public Law 96-573), has authorized and encouraged states to enter into compacts for the efficient management of wastes. It is the policy of the party states to cooperate in the protection of the health, safety, and welfare of their citizens and the environment, and to provide for and encourage the economical management of low-level radioactive wastes. It is the purpose of this compact to provide the framework for such a cooperative effort; to promote the health, safety, and welfare of the citizens and the environment of the region; to limit the number of facilities needed to effectively and efficiently manage low-level radioactive wastes and to encourage the reduction of the generation thereof; and to distribute the costs, benefits, and obligations among the party states. It is the policy of the party states that activities conducted by the commission are the formation of public policies and are therefore public business.

ARTICLE II. Definitions As used in this compact, unless the context clearly requires a different construction: (a) "Commission" means the Central Interstate Low-Level Radioactive Waste Compact Commission; (b) "Disposal" means the isolation and final disposition of waste; (c) "Decommissioning" means the measures taken at the end of a facility's operating life to assure the continued protection of the public from any residual radioactivity or other potential hazards present at the facility; (d) "Extended care" means the continued observation of a facility after closure for the purpose of detecting a need for maintenance, ensuring environmental safety, and determining compliance with applicable licensure and regulatory requirements and includes undertaking any action or cleanup necessary to protect public health and the environment; (e) "Facility" means any site, location, structure, or property used or to be used for the management of waste; (f) "Generator" means any person who, in the course of or as an incident to manufacturing, power generation, processing, medical diagnosis and treatment, biomedical research, other industrial or commercial activity, other research, or mining in a party state, produces or processes waste. "Generator" does not include any person who receives waste generated outside the region for subsequent shipment to a regional facility; (g) "Host state" means any party state in which a regional facility is situated or is being developed; (h) "Institutional control" means those activities carried out by the host state to physically control access to the disposal site following transfer of the license to the owner of the disposal site. These activities include, but are not limited to, environmental monitoring, periodic surveillance, minor custodial care, and other necessary activities at the site as determined by the host state and administration of funds to cover the costs for these activities. The period of institutional control will be determined by the host state but may not be less than one hundred (100) years following transfer of the license to the owner of the disposal site; (i) "Low-level radioactive waste" or "waste" means, as defined in the Low-Level Radioactive Waste Policy Act (Public Law 96-573), radioactive waste not classified as: high-level radioactive waste; transuranic waste; spent nuclear fuel; or by-product material as defined in Section 11 e.2 of the Atomic Energy Act of 1954, as amended through 1978; (j) "Management of waste" means the storage, treatment, or disposal of waste; (k) "Notification of each party state" means transmittal of written notice to the Governor, presiding officer of each legislative body, and any other persons designated by the party state's commission member to receive such notice; (l) "Party state" means any state which is a signatory party to this compact; (m) "Person" means any individual, corporation, business enterprise, or other legal entity, either public or private; (n) "Region" means the area of the party states; (o) "Regional facility" means a facility which is located within the region and which has been approved by the commission for the benefit of the party states; (p) "Site" means any property which is owned or leased by a generator and is contiguous to or divided only by a public or private way from the source of generation; (q) "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, or any other territorial possession of the United States; (r) "Storage" means the holding of waste for treatment or disposal; and (s) "Treatment" means any method, technique, or process, including storage for radioactive decay, designed to change the physical, chemical, or biological characteristics or composition of any waste in order to render such waste safer for transport or management, amenable for recovery, convertible to another usable material, or reduced in volume.

As used in this compact, unless the context clearly requires a different construction:

(a) "Commission" means the Central Interstate Low-Level Radioactive Waste Compact Commission;

(b) "Disposal" means the isolation and final disposition of waste;

(c) "Decommissioning" means the measures taken at the end of a facility's operating life to assure the continued protection of the public from any residual radioactivity or other potential hazards present at the facility;

(d) "Extended care" means the continued observation of a facility after closure for the purpose of detecting a need for maintenance, ensuring environmental safety, and determining compliance with applicable licensure and regulatory requirements and includes undertaking any action or cleanup necessary to protect public health and the environment;

(e) "Facility" means any site, location, structure, or property used or to be used for the management of waste;

(f) "Generator" means any person who, in the course of or as an incident to manufacturing, power generation, processing, medical diagnosis and treatment, biomedical research, other industrial or commercial activity, other research, or mining in a party state, produces or processes waste. "Generator" does not include any person who receives waste generated outside the region for subsequent shipment to a regional facility;

(g) "Host state" means any party state in which a regional facility is situated or is being developed;

(h) "Institutional control" means those activities carried out by the host state to physically control access to the disposal site following transfer of the license to the owner of the disposal site. These activities include, but are not limited to, environmental monitoring, periodic surveillance, minor custodial care, and other necessary activities at the site as determined by the host state and administration of funds to cover the costs for these activities. The period of institutional control will be determined by the host state but may not be less than one hundred (100) years following transfer of the license to the owner of the disposal site;

(i) "Low-level radioactive waste" or "waste" means, as defined in the Low-Level Radioactive Waste Policy Act (Public Law 96-573), radioactive waste not classified as: high-level radioactive waste; transuranic waste; spent nuclear fuel; or by-product material as defined in Section 11 e.2 of the Atomic Energy Act of 1954, as amended through 1978;

(j) "Management of waste" means the storage, treatment, or disposal of waste;

(k) "Notification of each party state" means transmittal of written notice to the Governor, presiding officer of each legislative body, and any other persons designated by the party state's commission member to receive such notice;

(l) "Party state" means any state which is a signatory party to this compact;

(m) "Person" means any individual, corporation, business enterprise, or other legal entity, either public or private;

(n) "Region" means the area of the party states;

(o) "Regional facility" means a facility which is located within the region and which has been approved by the commission for the benefit of the party states;

(p) "Site" means any property which is owned or leased by a generator and is contiguous to or divided only by a public or private way from the source of generation;

(q) "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, or any other territorial possession of the United States;

(r) "Storage" means the holding of waste for treatment or disposal; and

(s) "Treatment" means any method, technique, or process, including storage for radioactive decay, designed to change the physical, chemical, or biological characteristics or composition of any waste in order to render such waste safer for transport or management, amenable for recovery, convertible to another usable material, or reduced in volume.

ARTICLE III. Rights and Obligations (a) There shall be provided within the region one (1) or more regional facilities which together provide sufficient capacity to manage all wastes generated within the region. It shall be the duty of regional facilities to accept compatible wastes generated in and from party states, and meeting the requirements of this subchapter, and each party state shall have the right to have the wastes generated within its borders managed at such facility. (b) To the extent authorized by federal law and host state law, a host state shall regulate and license any regional facility within its borders and ensure the extended care of such facility. (c) Rates shall be charged to any user of the regional facility, set by the operator of a regional facility, and shall be fair and reasonable and be subject to the approval of the host state. Such approval shall be based upon criteria established by the commission. (d) A host state may establish fees which shall be charged to any user of a regional facility, and which shall be in addition to the rates approved pursuant to section (c) of this article, for any regional facility within its borders. Any fees proposed by the host state shall be subject to a one hundred twenty-day prior notice to the commission with an opportunity to provide comments to the host state. Such fees shall be fair and reasonable and shall provide the host state with sufficient revenue to cover all anticipated present and future costs associated with any regional facility and a reasonable reserve for future contingencies, which are not covered by rates established in section (c) of this article including, but not limited to: 1. The licensure, operation, monitoring, inspection, maintenance, decommissioning, closure, institutional control, and extended care of a regional facility; and 2. Response, removal, remedial action or cleanup deemed appropriate and required by the host state as a result of a release of radioactive or hazardous materials from such regional facility; and 3. Premiums for property and third-party liability insurance; and 4. Protection of the public health, safety, and environment; and 5. Compensation and incentives to the host community; 6. Any amount due from a judgment or settlement involving a property or third-party liability claim for medical expenses and all other damages incurred as a result of personal injury or death, and damages or losses to real or personal property or the environment; and 7. Cost of defending or pursuing liability claims against any party or state. The fees established pursuant to this section (d) of this article may include incentives for source and volume reduction and may be based on the hazard of the waste. Notwithstanding anything to the contrary in this compact, or in any state constitution, statute, or regulation, to the extent that such fees are insufficient to pay for any costs associated with a regional facility, including all costs under section (d) of Article III, all party states and any other state(s) whose generators use the regional facility, shall share liability for all such costs. However, there shall be no recovery from the states under section (d) of this article until all available funds, payments or in-kind services have been exhausted including: i. Designated low-level radioactive waste funds managed by the host state; and ii. Payable proceeds of insurance or surety policies applicable to a regional facility; and iii. Proceeds of reasonable collection efforts against the regional facility operator(s); and iv. Payments from or in-kind services by generators. In the event any regional facility operator files or has filed against it a bankruptcy proceeding, then for purposes of determining whether or not reasonable collection efforts have been undertaken, the filing of such proceedings if not dismissed within sixty (60) days of filing shall be considered exhaustion of reasonable collection efforts with respect to such party. Recovery from the states under section (d) of Article III upon satisfaction of the exhaustion of available funds, payments, or in-kind services shall not preclude any state from further recovery of its costs from a facility operator, insurer, or generator. During the period of time that such reasonable collection efforts or exhaustion of available funds, payments, or in-kind services occur, any applicable statutes of limitation with respect to claims against any other parties or states will be deemed tolled and will not run. All costs or liabilities shared by a state shall be shared proportionately by comparing the volume of the waste received at a regional facility from the generators of each state with the total volume of the waste received at a regional facility from all generators. (e) To the extent authorized by federal law, each party state is responsible for enforcing any applicable federal and state laws and regulations pertaining to the packaging and transportation of waste generated within or passing through its borders and shall adopt practices that will ensure that waste shipments originating within its borders and destined for a regional facility will conform to applicable packaging and transportation laws and regulations. (f) Each party state has the right to rely on the good faith performance of each other party state. (g) Unless authorized by the commission, it shall be unlawful after January 1, 1986, for any person: (1) To deposit, at a regional facility, waste not generated within the region; (2) To accept, at a regional facility, waste not generated within the region; (3) To export from the region waste which is generated within the region; and (4) To transport waste from the site at which it is generated except to a regional facility.

(a) There shall be provided within the region one (1) or more regional facilities which together provide sufficient capacity to manage all wastes generated within the region. It shall be the duty of regional facilities to accept compatible wastes generated in and from party states, and meeting the requirements of this subchapter, and each party state shall have the right to have the wastes generated within its borders managed at such facility.

(b) To the extent authorized by federal law and host state law, a host state shall regulate and license any regional facility within its borders and ensure the extended care of such facility.

(c) Rates shall be charged to any user of the regional facility, set by the operator of a regional facility, and shall be fair and reasonable and be subject to the approval of the host state. Such approval shall be based upon criteria established by the commission.

(d) A host state may establish fees which shall be charged to any user of a regional facility, and which shall be in addition to the rates approved pursuant to section (c) of this article, for any regional facility within its borders. Any fees proposed by the host state shall be subject to a one hundred twenty-day prior notice to the commission with an opportunity to provide comments to the host state. Such fees shall be fair and reasonable and shall provide the host state with sufficient revenue to cover all anticipated present and future costs associated with any regional facility and a reasonable reserve for future contingencies, which are not covered by rates established in section (c) of this article including, but not limited to: 1. The licensure, operation, monitoring, inspection, maintenance, decommissioning, closure, institutional control, and extended care of a regional facility; and 2. Response, removal, remedial action or cleanup deemed appropriate and required by the host state as a result of a release of radioactive or hazardous materials from such regional facility; and 3. Premiums for property and third-party liability insurance; and 4. Protection of the public health, safety, and environment; and 5. Compensation and incentives to the host community; 6. Any amount due from a judgment or settlement involving a property or third-party liability claim for medical expenses and all other damages incurred as a result of personal injury or death, and damages or losses to real or personal property or the environment; and 7. Cost of defending or pursuing liability claims against any party or state. The fees established pursuant to this section (d) of this article may include incentives for source and volume reduction and may be based on the hazard of the waste. Notwithstanding anything to the contrary in this compact, or in any state constitution, statute, or regulation, to the extent that such fees are insufficient to pay for any costs associated with a regional facility, including all costs under section (d) of Article III, all party states and any other state(s) whose generators use the regional facility, shall share liability for all such costs. However, there shall be no recovery from the states under section (d) of this article until all available funds, payments or in-kind services have been exhausted including: i. Designated low-level radioactive waste funds managed by the host state; and ii. Payable proceeds of insurance or surety policies applicable to a regional facility; and iii. Proceeds of reasonable collection efforts against the regional facility operator(s); and iv. Payments from or in-kind services by generators. In the event any regional facility operator files or has filed against it a bankruptcy proceeding, then for purposes of determining whether or not reasonable collection efforts have been undertaken, the filing of such proceedings if not dismissed within sixty (60) days of filing shall be considered exhaustion of reasonable collection efforts with respect to such party. Recovery from the states under section (d) of Article III upon satisfaction of the exhaustion of available funds, payments, or in-kind services shall not preclude any state from further recovery of its costs from a facility operator, insurer, or generator. During the period of time that such reasonable collection efforts or exhaustion of available funds, payments, or in-kind services occur, any applicable statutes of limitation with respect to claims against any other parties or states will be deemed tolled and will not run. All costs or liabilities shared by a state shall be shared proportionately by comparing the volume of the waste received at a regional facility from the generators of each state with the total volume of the waste received at a regional facility from all generators.

1. The licensure, operation, monitoring, inspection, maintenance, decommissioning, closure, institutional control, and extended care of a regional facility; and

2. Response, removal, remedial action or cleanup deemed appropriate and required by the host state as a result of a release of radioactive or hazardous materials from such regional facility; and

3. Premiums for property and third-party liability insurance; and

4. Protection of the public health, safety, and environment; and

5. Compensation and incentives to the host community;

6. Any amount due from a judgment or settlement involving a property or third-party liability claim for medical expenses and all other damages incurred as a result of personal injury or death, and damages or losses to real or personal property or the environment; and

7. Cost of defending or pursuing liability claims against any party or state. The fees established pursuant to this section (d) of this article may include incentives for source and volume reduction and may be based on the hazard of the waste. Notwithstanding anything to the contrary in this compact, or in any state constitution, statute, or regulation, to the extent that such fees are insufficient to pay for any costs associated with a regional facility, including all costs under section (d) of Article III, all party states and any other state(s) whose generators use the regional facility, shall share liability for all such costs. However, there shall be no recovery from the states under section (d) of this article until all available funds, payments or in-kind services have been exhausted including: i. Designated low-level radioactive waste funds managed by the host state; and ii. Payable proceeds of insurance or surety policies applicable to a regional facility; and iii. Proceeds of reasonable collection efforts against the regional facility operator(s); and iv. Payments from or in-kind services by generators. In the event any regional facility operator files or has filed against it a bankruptcy proceeding, then for purposes of determining whether or not reasonable collection efforts have been undertaken, the filing of such proceedings if not dismissed within sixty (60) days of filing shall be considered exhaustion of reasonable collection efforts with respect to such party. Recovery from the states under section (d) of Article III upon satisfaction of the exhaustion of available funds, payments, or in-kind services shall not preclude any state from further recovery of its costs from a facility operator, insurer, or generator. During the period of time that such reasonable collection efforts or exhaustion of available funds, payments, or in-kind services occur, any applicable statutes of limitation with respect to claims against any other parties or states will be deemed tolled and will not run. All costs or liabilities shared by a state shall be shared proportionately by comparing the volume of the waste received at a regional facility from the generators of each state with the total volume of the waste received at a regional facility from all generators.

The fees established pursuant to this section (d) of this article may include incentives for source and volume reduction and may be based on the hazard of the waste. Notwithstanding anything to the contrary in this compact, or in any state constitution, statute, or regulation, to the extent that such fees are insufficient to pay for any costs associated with a regional facility, including all costs under section (d) of Article III, all party states and any other state(s) whose generators use the regional facility, shall share liability for all such costs. However, there shall be no recovery from the states under section (d) of this article until all available funds, payments or in-kind services have been exhausted including:

i. Designated low-level radioactive waste funds managed by the host state; and

ii. Payable proceeds of insurance or surety policies applicable to a regional facility; and

iii. Proceeds of reasonable collection efforts against the regional facility operator(s); and

iv. Payments from or in-kind services by generators. In the event any regional facility operator files or has filed against it a bankruptcy proceeding, then for purposes of determining whether or not reasonable collection efforts have been undertaken, the filing of such proceedings if not dismissed within sixty (60) days of filing shall be considered exhaustion of reasonable collection efforts with respect to such party. Recovery from the states under section (d) of Article III upon satisfaction of the exhaustion of available funds, payments, or in-kind services shall not preclude any state from further recovery of its costs from a facility operator, insurer, or generator. During the period of time that such reasonable collection efforts or exhaustion of available funds, payments, or in-kind services occur, any applicable statutes of limitation with respect to claims against any other parties or states will be deemed tolled and will not run. All costs or liabilities shared by a state shall be shared proportionately by comparing the volume of the waste received at a regional facility from the generators of each state with the total volume of the waste received at a regional facility from all generators.

In the event any regional facility operator files or has filed against it a bankruptcy proceeding, then for purposes of determining whether or not reasonable collection efforts have been undertaken, the filing of such proceedings if not dismissed within sixty (60) days of filing shall be considered exhaustion of reasonable collection efforts with respect to such party. Recovery from the states under section (d) of Article III upon satisfaction of the exhaustion of available funds, payments, or in-kind services shall not preclude any state from further recovery of its costs from a facility operator, insurer, or generator. During the period of time that such reasonable collection efforts or exhaustion of available funds, payments, or in-kind services occur, any applicable statutes of limitation with respect to claims against any other parties or states will be deemed tolled and will not run. All costs or liabilities shared by a state shall be shared proportionately by comparing the volume of the waste received at a regional facility from the generators of each state with the total volume of the waste received at a regional facility from all generators.

(e) To the extent authorized by federal law, each party state is responsible for enforcing any applicable federal and state laws and regulations pertaining to the packaging and transportation of waste generated within or passing through its borders and shall adopt practices that will ensure that waste shipments originating within its borders and destined for a regional facility will conform to applicable packaging and transportation laws and regulations.

(f) Each party state has the right to rely on the good faith performance of each other party state.

(g) Unless authorized by the commission, it shall be unlawful after January 1, 1986, for any person: (1) To deposit, at a regional facility, waste not generated within the region; (2) To accept, at a regional facility, waste not generated within the region; (3) To export from the region waste which is generated within the region; and (4) To transport waste from the site at which it is generated except to a regional facility.

(1) To deposit, at a regional facility, waste not generated within the region;

(2) To accept, at a regional facility, waste not generated within the region;

(3) To export from the region waste which is generated within the region; and

(4) To transport waste from the site at which it is generated except to a regional facility.

ARTICLE IV. The Commission (a) There is hereby established the Central Interstate Low-Level Radioactive Waste Compact Commission. The commission shall consist of one (1) voting member from each party state, except that each host state shall have two (2) at-large voting members and one (1) nonvoting member from the county in which the facility is located. All members shall be appointed according to the laws of each state. The appointing authority of each party state shall notify the commission in writing of the identity of its member and any alternates. Any alternate may act on behalf of the member only in the absence of such member or members. Each state is responsible for the expenses of its member of the commission. (b) Except for the nonvoting member, each commission member shall be entitled to one (1) vote. Unless otherwise provided herein, no action of the commission shall be binding unless a majority of the total voting membership casts its vote in the affirmative. (c) The commission shall elect from among its membership a chairman. The commission shall adopt and publish, in convenient form, bylaws and policies which are not inconsistent with this compact. (d) The commission shall meet at least once a year, and shall also meet upon the call of the chairman, by petition of a majority of the membership, or upon the call of a host state member. All meetings of the commission shall be open to the public with reasonable advance publicized notice given, and such meetings shall be subject to those exceptions provided for within the open meetings laws of the host state. The commission shall adopt bylaws that are consistent in scope and principle with the open meetings law of the host state or, if there is no host state, the open meetings law of the state in which the commission headquarters are located. (e) The commission may initiate any proceedings or appear as an intervenor or party in interest before any court of law, or any federal, state, or local agency, board, or commission that has jurisdiction over any matter arising under or relating to the terms and provisions of this compact. The commission shall determine in which proceedings it shall intervene or otherwise appear and may arrange for such expert testimony, reports, evidence, or other participation in such proceedings as may be necessary to represent its views. (f) The commission may establish such committees as it deems necessary for the purpose of advising the commission on any and all matters pertaining to the management of waste. (g) The commission may employ and compensate a staff limited only to those persons necessary to carry out its duties and functions. The commission may also contract with and designate any person to perform necessary functions to assist the commission. Unless otherwise required by acceptance of a federal grant, the staff shall serve at the commission's pleasure irrespective of the civil service, personnel, or other merit laws of any of the party states or the federal government and shall be compensated from funds of the commission. (h) Funding for the commission shall be as follows: (1) The commission shall set and approve its first annual budget as soon as practicable after its initial meeting. Party states shall equally contribute to the commission budget on an annual basis, an amount not to exceed twenty-five thousand dollars ($25,000) until surcharges are available for that purpose. Host states shall begin imposition of the surcharges provided for in this section as soon as practicable and shall remit to the commission funds resulting from collection of such surcharges within sixty (60) days of their receipt; and (2) Each state hosting a regional facility shall annually levy surcharges on all users of such facilities, based on the volume and characteristics of wastes received at such facilities, the total of which: (A) Shall be sufficient to cover the annual budget of the commission; and (B) Shall be paid to the commission, provided, however, that each host state collecting such surcharges may retain a portion of the collection sufficient to cover the administrative costs of collection, and that the remainder be sufficient only to cover the approved annual budget of the commission. (i) The commission shall keep accurate accounts of all receipts and disbursements. An independent certified public accountant shall annually audit all receipts and disbursements of commission funds and submit an audit report to the commission. Such audit report shall be made a part of the annual report of the commission required by this article. (j) The commission may accept for any of its purposes and functions any and all donations, grants of money, equipment, supplies, materials, and services, conditional or otherwise from any person, and may receive, utilize, and dispose of same. The nature, amount, and conditions, if any, attendant upon any donation or grant accepted pursuant to this section, together with the identity of the donor, grantor, or lender, shall be detailed in the annual report of the commission. (k) (1) Except as otherwise provided herein, nothing in this compact shall be construed to alter the incidence of liability of any kind for any act, omission, course of conduct, or on account of any causal or other relationships. Generators, transporters of waste, owners, and operators of facilities shall be liable for their acts, omissions, conduct, or relationships in accordance with all laws relating thereto. (2) The commission herein established is a legal entity separate and distinct from the party states and shall be so liable for its actions. Liabilities of the commission shall not be deemed liabilities of the party states. Members of the commission shall not be personally liable for actions taken by them in their official capacity. (l) Any person or party state aggrieved by a final decision of the commission may obtain judicial review of such decisions in the United States District Court in the district wherein the commission maintains its headquarters by filing in such court a petition for review within sixty (60) days after the commission's final decision. Proceedings thereafter shall be in accordance with the rules of procedure applicable in such court. (m) The commission shall: (1) Receive and approve the application of a nonparty state to become a party state in accordance with Article VII; (2) Submit an annual report to, and otherwise communicate with, the governors and the presiding officers of the legislative bodies of the party states regarding the activities of the commission; (3) Hear and negotiate disputes which may arise between the party states regarding this compact; (4) Require of and obtain from the party states, and nonparty states seeking to become party states, data and information necessary to the implementation of commission and party states' responsibilities; (5) Approve the development and operation of regional facilities in accordance with Article V; (6) Notwithstanding any other provision of this compact, have the authority to enter into agreements with any person for the importation of waste into the region and for the right of access to facilities outside the region for waste generated within the region. Such authorization to import or export waste requires the approval of the commission, including the affirmative vote of any host state which may be affected; (7) Revoke the membership of a party state in accordance with Articles V and VII; (8) Require all party states and other persons to perform their duties and obligations arising under this compact by an appropriate action in any form designated in Article IV (e); and (9) Take such action as may be necessary to perform its duties and functions as provided in this compact. (n) All files, records, and data of the commission shall be open to reasonable public inspection, regardless of physical form, subject to those exceptions listed within the host state public records law. The commission shall adopt bylaws relating to the availability of files, records, and data of the commission that are consistent in scope and principle with the public records law of the host state or, if there is no host state, the public records law of the state in which the commission headquarters are located. (o) All decisions of the commission regarding public meetings and public records issues shall be reviewable solely in a United States District Court of a host state or, if there is no host state, then in the state in which the compact commission headquarters are located.

(a) There is hereby established the Central Interstate Low-Level Radioactive Waste Compact Commission. The commission shall consist of one (1) voting member from each party state, except that each host state shall have two (2) at-large voting members and one (1) nonvoting member from the county in which the facility is located. All members shall be appointed according to the laws of each state. The appointing authority of each party state shall notify the commission in writing of the identity of its member and any alternates. Any alternate may act on behalf of the member only in the absence of such member or members. Each state is responsible for the expenses of its member of the commission.

(b) Except for the nonvoting member, each commission member shall be entitled to one (1) vote. Unless otherwise provided herein, no action of the commission shall be binding unless a majority of the total voting membership casts its vote in the affirmative.

(c) The commission shall elect from among its membership a chairman. The commission shall adopt and publish, in convenient form, bylaws and policies which are not inconsistent with this compact.

(d) The commission shall meet at least once a year, and shall also meet upon the call of the chairman, by petition of a majority of the membership, or upon the call of a host state member. All meetings of the commission shall be open to the public with reasonable advance publicized notice given, and such meetings shall be subject to those exceptions provided for within the open meetings laws of the host state. The commission shall adopt bylaws that are consistent in scope and principle with the open meetings law of the host state or, if there is no host state, the open meetings law of the state in which the commission headquarters are located.

(e) The commission may initiate any proceedings or appear as an intervenor or party in interest before any court of law, or any federal, state, or local agency, board, or commission that has jurisdiction over any matter arising under or relating to the terms and provisions of this compact. The commission shall determine in which proceedings it shall intervene or otherwise appear and may arrange for such expert testimony, reports, evidence, or other participation in such proceedings as may be necessary to represent its views.

(f) The commission may establish such committees as it deems necessary for the purpose of advising the commission on any and all matters pertaining to the management of waste.

(g) The commission may employ and compensate a staff limited only to those persons necessary to carry out its duties and functions. The commission may also contract with and designate any person to perform necessary functions to assist the commission. Unless otherwise required by acceptance of a federal grant, the staff shall serve at the commission's pleasure irrespective of the civil service, personnel, or other merit laws of any of the party states or the federal government and shall be compensated from funds of the commission.

(h) Funding for the commission shall be as follows: (1) The commission shall set and approve its first annual budget as soon as practicable after its initial meeting. Party states shall equally contribute to the commission budget on an annual basis, an amount not to exceed twenty-five thousand dollars ($25,000) until surcharges are available for that purpose. Host states shall begin imposition of the surcharges provided for in this section as soon as practicable and shall remit to the commission funds resulting from collection of such surcharges within sixty (60) days of their receipt; and (2) Each state hosting a regional facility shall annually levy surcharges on all users of such facilities, based on the volume and characteristics of wastes received at such facilities, the total of which: (A) Shall be sufficient to cover the annual budget of the commission; and (B) Shall be paid to the commission, provided, however, that each host state collecting such surcharges may retain a portion of the collection sufficient to cover the administrative costs of collection, and that the remainder be sufficient only to cover the approved annual budget of the commission.

(1) The commission shall set and approve its first annual budget as soon as practicable after its initial meeting. Party states shall equally contribute to the commission budget on an annual basis, an amount not to exceed twenty-five thousand dollars ($25,000) until surcharges are available for that purpose. Host states shall begin imposition of the surcharges provided for in this section as soon as practicable and shall remit to the commission funds resulting from collection of such surcharges within sixty (60) days of their receipt; and

(2) Each state hosting a regional facility shall annually levy surcharges on all users of such facilities, based on the volume and characteristics of wastes received at such facilities, the total of which: (A) Shall be sufficient to cover the annual budget of the commission; and (B) Shall be paid to the commission, provided, however, that each host state collecting such surcharges may retain a portion of the collection sufficient to cover the administrative costs of collection, and that the remainder be sufficient only to cover the approved annual budget of the commission.

(A) Shall be sufficient to cover the annual budget of the commission; and

(B) Shall be paid to the commission, provided, however, that each host state collecting such surcharges may retain a portion of the collection sufficient to cover the administrative costs of collection, and that the remainder be sufficient only to cover the approved annual budget of the commission.

(i) The commission shall keep accurate accounts of all receipts and disbursements. An independent certified public accountant shall annually audit all receipts and disbursements of commission funds and submit an audit report to the commission. Such audit report shall be made a part of the annual report of the commission required by this article.

(j) The commission may accept for any of its purposes and functions any and all donations, grants of money, equipment, supplies, materials, and services, conditional or otherwise from any person, and may receive, utilize, and dispose of same. The nature, amount, and conditions, if any, attendant upon any donation or grant accepted pursuant to this section, together with the identity of the donor, grantor, or lender, shall be detailed in the annual report of the commission.

(k) (1) Except as otherwise provided herein, nothing in this compact shall be construed to alter the incidence of liability of any kind for any act, omission, course of conduct, or on account of any causal or other relationships. Generators, transporters of waste, owners, and operators of facilities shall be liable for their acts, omissions, conduct, or relationships in accordance with all laws relating thereto. (2) The commission herein established is a legal entity separate and distinct from the party states and shall be so liable for its actions. Liabilities of the commission shall not be deemed liabilities of the party states. Members of the commission shall not be personally liable for actions taken by them in their official capacity.

(1) Except as otherwise provided herein, nothing in this compact shall be construed to alter the incidence of liability of any kind for any act, omission, course of conduct, or on account of any causal or other relationships. Generators, transporters of waste, owners, and operators of facilities shall be liable for their acts, omissions, conduct, or relationships in accordance with all laws relating thereto.

(2) The commission herein established is a legal entity separate and distinct from the party states and shall be so liable for its actions. Liabilities of the commission shall not be deemed liabilities of the party states. Members of the commission shall not be personally liable for actions taken by them in their official capacity.

(l) Any person or party state aggrieved by a final decision of the commission may obtain judicial review of such decisions in the United States District Court in the district wherein the commission maintains its headquarters by filing in such court a petition for review within sixty (60) days after the commission's final decision. Proceedings thereafter shall be in accordance with the rules of procedure applicable in such court.

(m) The commission shall: (1) Receive and approve the application of a nonparty state to become a party state in accordance with Article VII; (2) Submit an annual report to, and otherwise communicate with, the governors and the presiding officers of the legislative bodies of the party states regarding the activities of the commission; (3) Hear and negotiate disputes which may arise between the party states regarding this compact; (4) Require of and obtain from the party states, and nonparty states seeking to become party states, data and information necessary to the implementation of commission and party states' responsibilities; (5) Approve the development and operation of regional facilities in accordance with Article V; (6) Notwithstanding any other provision of this compact, have the authority to enter into agreements with any person for the importation of waste into the region and for the right of access to facilities outside the region for waste generated within the region. Such authorization to import or export waste requires the approval of the commission, including the affirmative vote of any host state which may be affected; (7) Revoke the membership of a party state in accordance with Articles V and VII; (8) Require all party states and other persons to perform their duties and obligations arising under this compact by an appropriate action in any form designated in Article IV (e); and (9) Take such action as may be necessary to perform its duties and functions as provided in this compact.

(1) Receive and approve the application of a nonparty state to become a party state in accordance with Article VII;

(2) Submit an annual report to, and otherwise communicate with, the governors and the presiding officers of the legislative bodies of the party states regarding the activities of the commission;

(3) Hear and negotiate disputes which may arise between the party states regarding this compact;

(4) Require of and obtain from the party states, and nonparty states seeking to become party states, data and information necessary to the implementation of commission and party states' responsibilities;

(5) Approve the development and operation of regional facilities in accordance with Article V;

(6) Notwithstanding any other provision of this compact, have the authority to enter into agreements with any person for the importation of waste into the region and for the right of access to facilities outside the region for waste generated within the region. Such authorization to import or export waste requires the approval of the commission, including the affirmative vote of any host state which may be affected;

(7) Revoke the membership of a party state in accordance with Articles V and VII;

(8) Require all party states and other persons to perform their duties and obligations arising under this compact by an appropriate action in any form designated in Article IV (e); and

(9) Take such action as may be necessary to perform its duties and functions as provided in this compact.

(n) All files, records, and data of the commission shall be open to reasonable public inspection, regardless of physical form, subject to those exceptions listed within the host state public records law. The commission shall adopt bylaws relating to the availability of files, records, and data of the commission that are consistent in scope and principle with the public records law of the host state or, if there is no host state, the public records law of the state in which the commission headquarters are located.

(o) All decisions of the commission regarding public meetings and public records issues shall be reviewable solely in a United States District Court of a host state or, if there is no host state, then in the state in which the compact commission headquarters are located.

ARTICLE V. Development and Operation of Regional Facilities (a) Following the collection of sufficient data and information from the states, the commission shall allow each party state the opportunity to volunteer as a host for a regional facility. (b) If no state volunteers or if no proposal identified by a volunteer state is deemed acceptable by the commission, based on the criteria in Section (c) of this Article, then the commission shall publicly seek applicants for the development and operation of regional facilities. (c) The commission shall review and consider each applicant's proposal based upon the following criteria: (1) The capability of the applicant to obtain a license from the applicable authority; (2) The economic efficiency of each proposed regional facility, including the total estimated disposal and treatment costs per cubic foot of waste; (3) Financial assurances; (4) Accessibility to all party states; and (5) Such other criteria as shall be determined by the commission to be necessary for the selection of the best proposal, based on the health, safety, and welfare of the citizens in the region and the party states. (d) The commission shall make a preliminary selection of the proposal or proposals considered most likely to meet the criteria enumerated in Section (c) and the needs of the region. (e) Following notification of each party state of the results of the preliminary selection process, the commission shall: (1) Authorize any person whose proposal has been selected to pursue licensure of the regional facility or facilities in accordance with the proposal originally submitted to the commission or as modified with the approval of the commission; and (2) Require the appropriate state or states or the U.S. Nuclear Regulatory Commission to process all applications for permits and licenses required for the development and operation of any regional facility or facilities within a reasonable period from the time that a completed application is submitted. (f) The preliminary selection or selections made by the commission pursuant to this article shall become final and receive the commission's approval as a regional facility upon the issuance of a license by the licensing authority. If a proposed regional facility fails to become licensed, the commission shall make another selection pursuant to the procedures identified in this article. (g) The commission may by a two-thirds (2/3) affirmative vote of its membership revoke the membership of any party state which, after notice and hearing shall be found to have arbitrarily or capriciously denied or delayed the issuance of a license or permit to any person authorized by the commission to apply for such license or permit. Revocation shall be in the same manner as provided for in Section (e) of Article VII.

(a) Following the collection of sufficient data and information from the states, the commission shall allow each party state the opportunity to volunteer as a host for a regional facility.

(b) If no state volunteers or if no proposal identified by a volunteer state is deemed acceptable by the commission, based on the criteria in Section (c) of this Article, then the commission shall publicly seek applicants for the development and operation of regional facilities.

(c) The commission shall review and consider each applicant's proposal based upon the following criteria: (1) The capability of the applicant to obtain a license from the applicable authority; (2) The economic efficiency of each proposed regional facility, including the total estimated disposal and treatment costs per cubic foot of waste; (3) Financial assurances; (4) Accessibility to all party states; and (5) Such other criteria as shall be determined by the commission to be necessary for the selection of the best proposal, based on the health, safety, and welfare of the citizens in the region and the party states.

(1) The capability of the applicant to obtain a license from the applicable authority;

(2) The economic efficiency of each proposed regional facility, including the total estimated disposal and treatment costs per cubic foot of waste;

(3) Financial assurances;

(4) Accessibility to all party states; and

(5) Such other criteria as shall be determined by the commission to be necessary for the selection of the best proposal, based on the health, safety, and welfare of the citizens in the region and the party states.

(d) The commission shall make a preliminary selection of the proposal or proposals considered most likely to meet the criteria enumerated in Section (c) and the needs of the region.

(e) Following notification of each party state of the results of the preliminary selection process, the commission shall: (1) Authorize any person whose proposal has been selected to pursue licensure of the regional facility or facilities in accordance with the proposal originally submitted to the commission or as modified with the approval of the commission; and (2) Require the appropriate state or states or the U.S. Nuclear Regulatory Commission to process all applications for permits and licenses required for the development and operation of any regional facility or facilities within a reasonable period from the time that a completed application is submitted.

(1) Authorize any person whose proposal has been selected to pursue licensure of the regional facility or facilities in accordance with the proposal originally submitted to the commission or as modified with the approval of the commission; and

(2) Require the appropriate state or states or the U.S. Nuclear Regulatory Commission to process all applications for permits and licenses required for the development and operation of any regional facility or facilities within a reasonable period from the time that a completed application is submitted.

(f) The preliminary selection or selections made by the commission pursuant to this article shall become final and receive the commission's approval as a regional facility upon the issuance of a license by the licensing authority. If a proposed regional facility fails to become licensed, the commission shall make another selection pursuant to the procedures identified in this article.

(g) The commission may by a two-thirds (2/3) affirmative vote of its membership revoke the membership of any party state which, after notice and hearing shall be found to have arbitrarily or capriciously denied or delayed the issuance of a license or permit to any person authorized by the commission to apply for such license or permit. Revocation shall be in the same manner as provided for in Section (e) of Article VII.

ARTICLE VI. Other Laws and Regulations (a) Nothing in this compact shall be construed to: (1) Abrogate or limit the applicability of any act of Congress or diminish or otherwise impair the jurisdiction of any federal agency expressly conferred thereon by the Congress; (2) Prevent the application of any law which is not otherwise inconsistent with this compact; (3) Prohibit or otherwise restrict the management of waste on the site where it is generated if such is otherwise lawful; (4) Affect any judicial or administrative proceeding pending on the effective date of this compact; (5) Alter the relations between, and the respective internal responsibilities of, the government of a party state and its subdivisions; and (6) Affect the generation or management of waste generated by the federal government or federal research and development activities. (b) No party state shall pass or enforce any law or regulation which is inconsistent with this compact. (c) All laws and regulations or parts thereof of any party state which are inconsistent with this compact are hereby declared null and void for purposes of this compact. Any legal right, obligation, violation, or penalty arising under such laws or regulations prior to enactment of this compact shall not be affected. (d) No law or regulation of a party state or of any subdivision or instrumentality thereof may be applied so as to restrict or make more costly or inconvenient access to any regional facility by the generators of another party state than for the generators of the state where the facility is situated.

(a) Nothing in this compact shall be construed to: (1) Abrogate or limit the applicability of any act of Congress or diminish or otherwise impair the jurisdiction of any federal agency expressly conferred thereon by the Congress; (2) Prevent the application of any law which is not otherwise inconsistent with this compact; (3) Prohibit or otherwise restrict the management of waste on the site where it is generated if such is otherwise lawful; (4) Affect any judicial or administrative proceeding pending on the effective date of this compact; (5) Alter the relations between, and the respective internal responsibilities of, the government of a party state and its subdivisions; and (6) Affect the generation or management of waste generated by the federal government or federal research and development activities.

(1) Abrogate or limit the applicability of any act of Congress or diminish or otherwise impair the jurisdiction of any federal agency expressly conferred thereon by the Congress;

(2) Prevent the application of any law which is not otherwise inconsistent with this compact;

(3) Prohibit or otherwise restrict the management of waste on the site where it is generated if such is otherwise lawful;

(4) Affect any judicial or administrative proceeding pending on the effective date of this compact;

(5) Alter the relations between, and the respective internal responsibilities of, the government of a party state and its subdivisions; and

(6) Affect the generation or management of waste generated by the federal government or federal research and development activities.

(b) No party state shall pass or enforce any law or regulation which is inconsistent with this compact.

(c) All laws and regulations or parts thereof of any party state which are inconsistent with this compact are hereby declared null and void for purposes of this compact. Any legal right, obligation, violation, or penalty arising under such laws or regulations prior to enactment of this compact shall not be affected.

(d) No law or regulation of a party state or of any subdivision or instrumentality thereof may be applied so as to restrict or make more costly or inconvenient access to any regional facility by the generators of another party state than for the generators of the state where the facility is situated.

ARTICLE VII. Eligible Parties, Withdrawal, Revocation, Entry Into Force, Termination (a) This compact shall have as initially eligible parties the states of Arkansas, Iowa, Kansas, Louisiana, Minnesota, Missouri, Nebraska, North Dakota, and Oklahoma. Such initial eligibility shall terminate on January 1, 1984. (b) Any state may petition the commission for eligibility. A petitioning state shall become eligible for membership in the compact upon the unanimous approval of the commission. (c) An eligible state shall become a member of the compact and shall be bound by it after such state has enacted the compact into law. In no event shall the compact take effect in any state until it has been entered into force as provided for in Section (f) of this article. (d) Any party state may withdraw from this compact by enacting a statute repealing the same. Unless permitted earlier by unanimous approval of the commission, such withdrawal shall take effect five (5) years after the governor of the withdrawing state has given notice in writing of such withdrawal to each governor of the party states. No withdrawal shall affect any liability already incurred by or chargeable to a party state prior to the time of such withdrawal. (e) Any party state which fails to comply with the terms of this compact or fulfill its obligations hereunder may, after notice and hearing, have its privileges suspended or its membership in the compact revoked by the commission. Revocation shall take effect one (1) year from the date such party state receives written notice from the commission of its action. The commission may require such party state to pay to the commission, for a period not to exceed five (5) years from the date of notice of revocation, an amount determined by the commission based on the anticipated fees which the generators of such party state would have paid to each regional facility and an amount equal to that which such party state would have contributed in accordance with Section (d) of Article III, in the event of insufficient revenues. The commission shall use such funds to ensure the continued availability of safe and economical waste management facilities for all remaining party states. Such state shall also pay an amount equal to that which such party state had contributed to the annual budget of the commission if such party state would have remained a member of the compact. All legal rights established under this compact of any party state which has its membership revoked shall cease upon the effective date of revocation; however, any legal obligations of such party state arising prior to the effective date of revocation shall not cease until they have been fulfilled. Written notice of revocation of any state's membership in the compact shall be transmitted immediately following the vote of the commission, by the chairman, to the governor of the affected party state, all other governors of the party states, and the Congress of the United States. (f) This compact shall become effective after enactment by at least three (3) eligible states and after consent has been given to it by the Congress. The Congress shall have the opportunity to withdraw such consent every five (5) years. Failure of the Congress to withdraw its consent affirmatively shall have the effect of renewing consent for an additional five (5) year period. The consent given to this compact by the Congress shall extend to any future admittance of new party states under Sections (b) and (c) of this article and to the power to ban the exportation of waste pursuant to Article III. (g) The withdrawal of a party state from this compact under Section (d) of this article or the revocation of a state's membership in this compact under Section (e) of this article shall not affect the applicability of this compact to the remaining party states. (h) This compact shall be terminated when all party states have withdrawn pursuant to Section (d) of this article.

(a) This compact shall have as initially eligible parties the states of Arkansas, Iowa, Kansas, Louisiana, Minnesota, Missouri, Nebraska, North Dakota, and Oklahoma. Such initial eligibility shall terminate on January 1, 1984.

(b) Any state may petition the commission for eligibility. A petitioning state shall become eligible for membership in the compact upon the unanimous approval of the commission.

(c) An eligible state shall become a member of the compact and shall be bound by it after such state has enacted the compact into law. In no event shall the compact take effect in any state until it has been entered into force as provided for in Section (f) of this article.

(d) Any party state may withdraw from this compact by enacting a statute repealing the same. Unless permitted earlier by unanimous approval of the commission, such withdrawal shall take effect five (5) years after the governor of the withdrawing state has given notice in writing of such withdrawal to each governor of the party states. No withdrawal shall affect any liability already incurred by or chargeable to a party state prior to the time of such withdrawal.

(e) Any party state which fails to comply with the terms of this compact or fulfill its obligations hereunder may, after notice and hearing, have its privileges suspended or its membership in the compact revoked by the commission. Revocation shall take effect one (1) year from the date such party state receives written notice from the commission of its action. The commission may require such party state to pay to the commission, for a period not to exceed five (5) years from the date of notice of revocation, an amount determined by the commission based on the anticipated fees which the generators of such party state would have paid to each regional facility and an amount equal to that which such party state would have contributed in accordance with Section (d) of Article III, in the event of insufficient revenues. The commission shall use such funds to ensure the continued availability of safe and economical waste management facilities for all remaining party states. Such state shall also pay an amount equal to that which such party state had contributed to the annual budget of the commission if such party state would have remained a member of the compact. All legal rights established under this compact of any party state which has its membership revoked shall cease upon the effective date of revocation; however, any legal obligations of such party state arising prior to the effective date of revocation shall not cease until they have been fulfilled. Written notice of revocation of any state's membership in the compact shall be transmitted immediately following the vote of the commission, by the chairman, to the governor of the affected party state, all other governors of the party states, and the Congress of the United States.

(f) This compact shall become effective after enactment by at least three (3) eligible states and after consent has been given to it by the Congress. The Congress shall have the opportunity to withdraw such consent every five (5) years. Failure of the Congress to withdraw its consent affirmatively shall have the effect of renewing consent for an additional five (5) year period. The consent given to this compact by the Congress shall extend to any future admittance of new party states under Sections (b) and (c) of this article and to the power to ban the exportation of waste pursuant to Article III.

(g) The withdrawal of a party state from this compact under Section (d) of this article or the revocation of a state's membership in this compact under Section (e) of this article shall not affect the applicability of this compact to the remaining party states.

(h) This compact shall be terminated when all party states have withdrawn pursuant to Section (d) of this article.

ARTICLE VIII. Penalties (a) Each party state, consistent with its own law, shall prescribe and enforce penalties against any person for violation of any provision of this compact. (b) Each party state acknowledges that the receipt by a regional facility of waste packaged or transported in violation of applicable laws and regulations can result in sanctions which may include suspension or revocation of the violator's right of access to the regional facility.

(a) Each party state, consistent with its own law, shall prescribe and enforce penalties against any person for violation of any provision of this compact.

(b) Each party state acknowledges that the receipt by a regional facility of waste packaged or transported in violation of applicable laws and regulations can result in sanctions which may include suspension or revocation of the violator's right of access to the regional facility.

ARTICLE IX. Severability and Construction The provisions of this compact shall be severable, and if any phrase, clause, sentence, or provision of this compact is declared by a court of competent jurisdiction to be contrary to the Constitution of any participating state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If any provision of this compact shall be held contrary to the Constitution of any state participating therein, the compact shall remain in full force and effect as to the state affected as to all severable matters. The provision of this compact shall be liberally construed to give effect to the purpose thereof.

The provisions of this compact shall be severable, and if any phrase, clause, sentence, or provision of this compact is declared by a court of competent jurisdiction to be contrary to the Constitution of any participating state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If any provision of this compact shall be held contrary to the Constitution of any state participating therein, the compact shall remain in full force and effect as to the state affected as to all severable matters. The provision of this compact shall be liberally construed to give effect to the purpose thereof.

Acts 1983, No. 9, § 1; A.S.A. 1947, § 82-4401; Acts 1991, No. 847, § 1.
Ark. Code Ann. § 8-15-112 — AR Code / Title 8 / Chapter 15 / Section 8-15-112
Reporting requirement - Collection of assessments
Status: in_force

(a) (1) (A) By March 1 of each year or upon the creation of a property assessed energy improvement district that uses or intends to use the county collector for collection of district assessments, a district shall file an annual report with the county clerk in any county in which a portion of the district is located. (B) The annual report required under this section shall be available for inspection and copying by assessed landowners in the district. (C) The county clerk shall not charge any costs or fees for filing the annual report required under this section. (D) The district shall deliver a filed copy of the annual report required under this section to the county collector within five (5) days of filing. (2) The annual report required under this section shall contain the following information as of December 31 of the current calendar year: (A) A list of contracts, identity of the parties to the contracts, and obligations of the district; (B) Any indebtedness, including bonded indebtedness, and the reason for the indebtedness, including the following: (i) The stated payout or maturity date of the indebtedness, if any; and (ii) The total existing delinquent assessments and the party responsible for the collection; (C) Identification of each member of the board of directors of the district and each member's contact information; (D) The date, time, and location for any scheduled meeting of the district for the following year; (E) The contact information for the district assessor; (F) Information concerning to whom the county treasurer is to pay district assessments; (G) An explanation of the applicable statutory penalties, interest, and costs; (H) The method used to compute district assessments; and (I) A statement itemizing the income and expenditures of the district, including a statement of fund and account activity for the district. (b) (1) A district that does not comply with subsection (a) of this section commits a violation punishable by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) for each offense. (2) A fine recovered under subdivision (b)(1) of this section shall be deposited into the county clerk's cost fund. (c) (1) On or before December 31, a district shall file its list of special assessments for the following calendar year with the county clerk. (2) (A) After filing the list of special assessments under subdivision (c)(1) of this section, the district shall deliver a copy of the filed list of special assessments to the preparer of the tax books. (B) If the county collector is not the designated preparer of the tax books, the district shall deliver a copy of the filed list of special assessments to the county collector. (3) The list of special assessments required under subdivision (c)(1) of this section shall contain: (A) A list of each parcel with an assessment levied against it within the district; and (B) The contact information for the district assessor. (4) The list of special assessments required under subdivision (c)(1) of this section shall not include assessments on parcels that otherwise would not appear on the tax books for the following year. (5) After the December 31 deadline to file the list of special assessments required under subdivision (c)(1) of this section, the county collector may reject an assessment submitted by the district for inclusion in the list of special assessments. (d) (1) After the district files the list of special assessments required under subsection (c) of this section, the county collector shall collect the assessments at the same time the county collector collects the other taxes on the property. (2) The county collector shall pay the funds collected under subdivision (d)(1) of this section to the county treasurer at the same time that the county collector pays all other taxes to the county treasurer. (3) The county treasurer shall distribute the funds received under subdivision (d)(2) of this section to the district in the same manner as he or she distributes funds to other tax entities. Amended by Act 2015, No. 1162,§ 5, eff. 7/22/2015. Amended by Act 2015, No. 1162,§ 4, eff. 7/22/2015. Added by Act 2013, No. 1074,§ 1, eff. 8/16/2013.

(a) (1) (A) By March 1 of each year or upon the creation of a property assessed energy improvement district that uses or intends to use the county collector for collection of district assessments, a district shall file an annual report with the county clerk in any county in which a portion of the district is located. (B) The annual report required under this section shall be available for inspection and copying by assessed landowners in the district. (C) The county clerk shall not charge any costs or fees for filing the annual report required under this section. (D) The district shall deliver a filed copy of the annual report required under this section to the county collector within five (5) days of filing. (2) The annual report required under this section shall contain the following information as of December 31 of the current calendar year: (A) A list of contracts, identity of the parties to the contracts, and obligations of the district; (B) Any indebtedness, including bonded indebtedness, and the reason for the indebtedness, including the following: (i) The stated payout or maturity date of the indebtedness, if any; and (ii) The total existing delinquent assessments and the party responsible for the collection; (C) Identification of each member of the board of directors of the district and each member's contact information; (D) The date, time, and location for any scheduled meeting of the district for the following year; (E) The contact information for the district assessor; (F) Information concerning to whom the county treasurer is to pay district assessments; (G) An explanation of the applicable statutory penalties, interest, and costs; (H) The method used to compute district assessments; and (I) A statement itemizing the income and expenditures of the district, including a statement of fund and account activity for the district.

(1) (A) By March 1 of each year or upon the creation of a property assessed energy improvement district that uses or intends to use the county collector for collection of district assessments, a district shall file an annual report with the county clerk in any county in which a portion of the district is located. (B) The annual report required under this section shall be available for inspection and copying by assessed landowners in the district. (C) The county clerk shall not charge any costs or fees for filing the annual report required under this section. (D) The district shall deliver a filed copy of the annual report required under this section to the county collector within five (5) days of filing.

(A) By March 1 of each year or upon the creation of a property assessed energy improvement district that uses or intends to use the county collector for collection of district assessments, a district shall file an annual report with the county clerk in any county in which a portion of the district is located.

(B) The annual report required under this section shall be available for inspection and copying by assessed landowners in the district.

(C) The county clerk shall not charge any costs or fees for filing the annual report required under this section.

(D) The district shall deliver a filed copy of the annual report required under this section to the county collector within five (5) days of filing.

(2) The annual report required under this section shall contain the following information as of December 31 of the current calendar year: (A) A list of contracts, identity of the parties to the contracts, and obligations of the district; (B) Any indebtedness, including bonded indebtedness, and the reason for the indebtedness, including the following: (i) The stated payout or maturity date of the indebtedness, if any; and (ii) The total existing delinquent assessments and the party responsible for the collection; (C) Identification of each member of the board of directors of the district and each member's contact information; (D) The date, time, and location for any scheduled meeting of the district for the following year; (E) The contact information for the district assessor; (F) Information concerning to whom the county treasurer is to pay district assessments; (G) An explanation of the applicable statutory penalties, interest, and costs; (H) The method used to compute district assessments; and (I) A statement itemizing the income and expenditures of the district, including a statement of fund and account activity for the district.

(A) A list of contracts, identity of the parties to the contracts, and obligations of the district;

(B) Any indebtedness, including bonded indebtedness, and the reason for the indebtedness, including the following: (i) The stated payout or maturity date of the indebtedness, if any; and (ii) The total existing delinquent assessments and the party responsible for the collection;

(i) The stated payout or maturity date of the indebtedness, if any; and

(ii) The total existing delinquent assessments and the party responsible for the collection;

(C) Identification of each member of the board of directors of the district and each member's contact information;

(D) The date, time, and location for any scheduled meeting of the district for the following year;

(E) The contact information for the district assessor;

(F) Information concerning to whom the county treasurer is to pay district assessments;

(G) An explanation of the applicable statutory penalties, interest, and costs;

(H) The method used to compute district assessments; and

(I) A statement itemizing the income and expenditures of the district, including a statement of fund and account activity for the district.

(b) (1) A district that does not comply with subsection (a) of this section commits a violation punishable by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) for each offense. (2) A fine recovered under subdivision (b)(1) of this section shall be deposited into the county clerk's cost fund.

(1) A district that does not comply with subsection (a) of this section commits a violation punishable by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) for each offense.

(2) A fine recovered under subdivision (b)(1) of this section shall be deposited into the county clerk's cost fund.

(c) (1) On or before December 31, a district shall file its list of special assessments for the following calendar year with the county clerk. (2) (A) After filing the list of special assessments under subdivision (c)(1) of this section, the district shall deliver a copy of the filed list of special assessments to the preparer of the tax books. (B) If the county collector is not the designated preparer of the tax books, the district shall deliver a copy of the filed list of special assessments to the county collector. (3) The list of special assessments required under subdivision (c)(1) of this section shall contain: (A) A list of each parcel with an assessment levied against it within the district; and (B) The contact information for the district assessor. (4) The list of special assessments required under subdivision (c)(1) of this section shall not include assessments on parcels that otherwise would not appear on the tax books for the following year. (5) After the December 31 deadline to file the list of special assessments required under subdivision (c)(1) of this section, the county collector may reject an assessment submitted by the district for inclusion in the list of special assessments.

(1) On or before December 31, a district shall file its list of special assessments for the following calendar year with the county clerk.

(2) (A) After filing the list of special assessments under subdivision (c)(1) of this section, the district shall deliver a copy of the filed list of special assessments to the preparer of the tax books. (B) If the county collector is not the designated preparer of the tax books, the district shall deliver a copy of the filed list of special assessments to the county collector.

(A) After filing the list of special assessments under subdivision (c)(1) of this section, the district shall deliver a copy of the filed list of special assessments to the preparer of the tax books.

(B) If the county collector is not the designated preparer of the tax books, the district shall deliver a copy of the filed list of special assessments to the county collector.

(3) The list of special assessments required under subdivision (c)(1) of this section shall contain: (A) A list of each parcel with an assessment levied against it within the district; and (B) The contact information for the district assessor.

(A) A list of each parcel with an assessment levied against it within the district; and

(B) The contact information for the district assessor.

(4) The list of special assessments required under subdivision (c)(1) of this section shall not include assessments on parcels that otherwise would not appear on the tax books for the following year.

(5) After the December 31 deadline to file the list of special assessments required under subdivision (c)(1) of this section, the county collector may reject an assessment submitted by the district for inclusion in the list of special assessments.

(d) (1) After the district files the list of special assessments required under subsection (c) of this section, the county collector shall collect the assessments at the same time the county collector collects the other taxes on the property. (2) The county collector shall pay the funds collected under subdivision (d)(1) of this section to the county treasurer at the same time that the county collector pays all other taxes to the county treasurer. (3) The county treasurer shall distribute the funds received under subdivision (d)(2) of this section to the district in the same manner as he or she distributes funds to other tax entities.

(1) After the district files the list of special assessments required under subsection (c) of this section, the county collector shall collect the assessments at the same time the county collector collects the other taxes on the property.

(2) The county collector shall pay the funds collected under subdivision (d)(1) of this section to the county treasurer at the same time that the county collector pays all other taxes to the county treasurer.

(3) The county treasurer shall distribute the funds received under subdivision (d)(2) of this section to the district in the same manner as he or she distributes funds to other tax entities.

Amended by Act 2015, No. 1162,§ 5, eff. 7/22/2015.

Amended by Act 2015, No. 1162,§ 4, eff. 7/22/2015.

Added by Act 2013, No. 1074,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 8-6-614 — AR Code / Title 8 / Chapter 6 / Subchapter 6 / Section 8-6-614
[Repealed]
Status: repealed

Repealed by Act 2015, No. 1176,§ 1, eff. 7/22/2015. Acts 2007, No. 512, § 2.

Repealed by Act 2015, No. 1176,§ 1, eff. 7/22/2015.

Acts 2007, No. 512, § 2.
Ark. Code Ann. § 8-4-308 — AR Code / Title 8 / Chapter 4 / Subchapter 3 / Section 8-4-308
Industrial secrets confidential
Status: in_force

(a) (1) (A) Any information that constitutes a trade secret under § 4-75-601 et seq. that is obtained by the employees of the Department of Energy and Environment, the Division of Environmental Quality, or the Arkansas Pollution Control and Ecology Commission in the administration of this chapter shall be kept confidential, except for emission data that is submitted to the state, local agency, or the United States Environmental Protection Agency, which is otherwise obtained by any of those agencies pursuant to the Clean Air Act. (B) Only such emission data is to be publicly available. (2) (A) The manner and rate of operation of the source, if such information is a trade secret, shall be kept confidential. (B) Provided, that the identity, amount, frequency, and concentration of the emissions is publicly available. (b) Any violation of this section is a misdemeanor punishable under § 8-4-103 . Amended by Act 2019, No. 693,§ 9, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2524, eff. 7/1/2019. Acts 1949, No. 472, [Part 2], § 7, as added by Acts 1965, No. 183, § 7; 1983, No. 657, § 1; 1985, No. 763, § 1; A.S.A. 1947, § 82-1937; Acts 1995, No. 907, § 1; 1997, No. 1219, § 6.

(a) (1) (A) Any information that constitutes a trade secret under § 4-75-601 et seq. that is obtained by the employees of the Department of Energy and Environment, the Division of Environmental Quality, or the Arkansas Pollution Control and Ecology Commission in the administration of this chapter shall be kept confidential, except for emission data that is submitted to the state, local agency, or the United States Environmental Protection Agency, which is otherwise obtained by any of those agencies pursuant to the Clean Air Act. (B) Only such emission data is to be publicly available. (2) (A) The manner and rate of operation of the source, if such information is a trade secret, shall be kept confidential. (B) Provided, that the identity, amount, frequency, and concentration of the emissions is publicly available.

(1) (A) Any information that constitutes a trade secret under § 4-75-601 et seq. that is obtained by the employees of the Department of Energy and Environment, the Division of Environmental Quality, or the Arkansas Pollution Control and Ecology Commission in the administration of this chapter shall be kept confidential, except for emission data that is submitted to the state, local agency, or the United States Environmental Protection Agency, which is otherwise obtained by any of those agencies pursuant to the Clean Air Act. (B) Only such emission data is to be publicly available.

(A) Any information that constitutes a trade secret under § 4-75-601 et seq. that is obtained by the employees of the Department of Energy and Environment, the Division of Environmental Quality, or the Arkansas Pollution Control and Ecology Commission in the administration of this chapter shall be kept confidential, except for emission data that is submitted to the state, local agency, or the United States Environmental Protection Agency, which is otherwise obtained by any of those agencies pursuant to the Clean Air Act.

(B) Only such emission data is to be publicly available.

(2) (A) The manner and rate of operation of the source, if such information is a trade secret, shall be kept confidential. (B) Provided, that the identity, amount, frequency, and concentration of the emissions is publicly available.

(A) The manner and rate of operation of the source, if such information is a trade secret, shall be kept confidential.

(B) Provided, that the identity, amount, frequency, and concentration of the emissions is publicly available.

(b) Any violation of this section is a misdemeanor punishable under § 8-4-103 .

Amended by Act 2019, No. 693,§ 9, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2524, eff. 7/1/2019.

Acts 1949, No. 472, [Part 2], § 7, as added by Acts 1965, No. 183, § 7; 1983, No. 657, § 1; 1985, No. 763, § 1; A.S.A. 1947, § 82-1937; Acts 1995, No. 907, § 1; 1997, No. 1219, § 6.
Ark. Code Ann. § 8-6-1502 — AR Code / Title 8 / Chapter 6 / Subchapter 15 / Section 8-6-1502
Definitions
Status: in_force

As used in this subchapter: (1) "Hazardous substance sites" means the same as set out in § 8-7-503 ; (2) "Hazardous waste" means the same as set out in § 8-7-203 ; (3) (A) "High impact solid waste management facility" means, excluding the facilities described in subdivision (3)(B) of this section, any solid waste landfill, any solid or commercial hazardous waste incinerator, and any commercial hazardous waste treatment, storage, or disposal facility. (B) "High impact solid waste management facility" does not include the following: (i) Recycling or composting facilities; (ii) Waste tire management sites; (iii) Solid waste transfer stations; (iv) Solid waste landfills which have applications pending for either increased or new acreage or provisions for additional services or increased capacity; (v) A facility dedicated solely to the treatment, storage, or disposal of solid waste or hazardous waste generated by a private industry when the private industry bears the expense of operating and maintaining the facility solely for the disposal of waste generated by the industry or wastes of a similar kind or character; (vi) A facility or activity dedicated solely to a response action at a location listed by the state or United States Government as a hazardous substance site; (vii) An existing facility operating under the interim status of the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq., or implementing rules of the Arkansas Hazardous Waste Management Act of 1979, § 8-7-201 et seq., or the Arkansas Hazardous Waste Management Code; or (viii) Expansion of existing hazardous waste facilities under the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq., or the Arkansas Hazardous Waste Management Act of 1979, § 8-7-201 et seq., either through increased acreage or provision for additional services or increased capacity; (4) "Host community" means the closest governmental unit as measured along major facility access roads and highways exercising zoning authority encompassed within a twelve-mile radius of the site of a proposed high impact solid waste management facility; (5) "Permitting" means any governmental authorization to proceed with construction or operation of a facility or activity required by either state law or local ordinance; and (6) (A) "Solid waste" means the same as set out in § 8-6-702 . (B) However, "solid waste" does not include hazardous waste as defined in this section. Amended by Act 2019, No. 315,§ 583, eff. 7/24/2019. Acts 1993, No. 1263, § 2; 2005, No. 1781, § 2.

As used in this subchapter:

(1) "Hazardous substance sites" means the same as set out in § 8-7-503 ;

(2) "Hazardous waste" means the same as set out in § 8-7-203 ;

(3) (A) "High impact solid waste management facility" means, excluding the facilities described in subdivision (3)(B) of this section, any solid waste landfill, any solid or commercial hazardous waste incinerator, and any commercial hazardous waste treatment, storage, or disposal facility. (B) "High impact solid waste management facility" does not include the following: (i) Recycling or composting facilities; (ii) Waste tire management sites; (iii) Solid waste transfer stations; (iv) Solid waste landfills which have applications pending for either increased or new acreage or provisions for additional services or increased capacity; (v) A facility dedicated solely to the treatment, storage, or disposal of solid waste or hazardous waste generated by a private industry when the private industry bears the expense of operating and maintaining the facility solely for the disposal of waste generated by the industry or wastes of a similar kind or character; (vi) A facility or activity dedicated solely to a response action at a location listed by the state or United States Government as a hazardous substance site; (vii) An existing facility operating under the interim status of the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq., or implementing rules of the Arkansas Hazardous Waste Management Act of 1979, § 8-7-201 et seq., or the Arkansas Hazardous Waste Management Code; or (viii) Expansion of existing hazardous waste facilities under the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq., or the Arkansas Hazardous Waste Management Act of 1979, § 8-7-201 et seq., either through increased acreage or provision for additional services or increased capacity;

(A) "High impact solid waste management facility" means, excluding the facilities described in subdivision (3)(B) of this section, any solid waste landfill, any solid or commercial hazardous waste incinerator, and any commercial hazardous waste treatment, storage, or disposal facility.

(B) "High impact solid waste management facility" does not include the following: (i) Recycling or composting facilities; (ii) Waste tire management sites; (iii) Solid waste transfer stations; (iv) Solid waste landfills which have applications pending for either increased or new acreage or provisions for additional services or increased capacity; (v) A facility dedicated solely to the treatment, storage, or disposal of solid waste or hazardous waste generated by a private industry when the private industry bears the expense of operating and maintaining the facility solely for the disposal of waste generated by the industry or wastes of a similar kind or character; (vi) A facility or activity dedicated solely to a response action at a location listed by the state or United States Government as a hazardous substance site; (vii) An existing facility operating under the interim status of the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq., or implementing rules of the Arkansas Hazardous Waste Management Act of 1979, § 8-7-201 et seq., or the Arkansas Hazardous Waste Management Code; or (viii) Expansion of existing hazardous waste facilities under the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq., or the Arkansas Hazardous Waste Management Act of 1979, § 8-7-201 et seq., either through increased acreage or provision for additional services or increased capacity;

(i) Recycling or composting facilities;

(ii) Waste tire management sites;

(iii) Solid waste transfer stations;

(iv) Solid waste landfills which have applications pending for either increased or new acreage or provisions for additional services or increased capacity;

(v) A facility dedicated solely to the treatment, storage, or disposal of solid waste or hazardous waste generated by a private industry when the private industry bears the expense of operating and maintaining the facility solely for the disposal of waste generated by the industry or wastes of a similar kind or character;

(vi) A facility or activity dedicated solely to a response action at a location listed by the state or United States Government as a hazardous substance site;

(vii) An existing facility operating under the interim status of the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq., or implementing rules of the Arkansas Hazardous Waste Management Act of 1979, § 8-7-201 et seq., or the Arkansas Hazardous Waste Management Code; or

(viii) Expansion of existing hazardous waste facilities under the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq., or the Arkansas Hazardous Waste Management Act of 1979, § 8-7-201 et seq., either through increased acreage or provision for additional services or increased capacity;

(4) "Host community" means the closest governmental unit as measured along major facility access roads and highways exercising zoning authority encompassed within a twelve-mile radius of the site of a proposed high impact solid waste management facility;

(5) "Permitting" means any governmental authorization to proceed with construction or operation of a facility or activity required by either state law or local ordinance; and

(6) (A) "Solid waste" means the same as set out in § 8-6-702 . (B) However, "solid waste" does not include hazardous waste as defined in this section.

(A) "Solid waste" means the same as set out in § 8-6-702 .

(B) However, "solid waste" does not include hazardous waste as defined in this section.

Amended by Act 2019, No. 315,§ 583, eff. 7/24/2019.

Acts 1993, No. 1263, § 2; 2005, No. 1781, § 2.
Ark. Code Ann. § 8-6-611 — AR Code / Title 8 / Chapter 6 / Subchapter 6 / Section 8-6-611
Computation of fees
Status: in_force

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. Acts 1991, No. 751, § 5; 1993, No. 1127, § 3.

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.

Acts 1991, No. 751, § 5; 1993, No. 1127, § 3.
Ark. Code Ann. § 8-6-606 — AR Code / Title 8 / Chapter 6 / Subchapter 6 / Section 8-6-606
Landfill disposal fees
Status: in_force

(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 of solid waste received at the landfill. (2) If a landfill permittee is required or chooses to operate on a weight basis, the landfill disposal fee shall be one dollar and fifty cents ($1.50) for each one (1) ton (2,000 lbs.) of solid waste received at the landfill. (b) (1) Except as provided in subsections (a) and (c) of this section, for all solid waste generated and transported within the state but to be disposed of outside the state, there is imposed on each such solid waste transporter a solid waste transportation fee of twenty-five cents (25¢) for each uncompacted cubic yard of solid waste and forty-five cents (45¢) for each compacted cubic yard of solid waste transported. (2) If a solid waste transporter chooses to operate on a weight basis, the solid waste transportation fee shall be one dollar and fifty cents ($1.50) for each ton of solid waste transported in the state. (c) (1) For those permitted landfills where a private industry bears the expense of operating and maintaining the landfill solely for the disposal of wastes generated by the industry, there is imposed on each landfill permittee a landfill disposal fee of ten cents (10¢) for each uncompacted cubic yard of solid waste and twenty cents (20¢) for each compacted cubic yard of solid waste received at the landfill. (2) If the landfill permittee chooses to operate on a weight basis, the landfill disposal fee under this subsection shall be fifty cents (50¢) for each ton of solid waste received at the landfill. (d) (1) (A) By January 1, 2004, all permitted facilities identified by rule of the Arkansas Pollution Control and Ecology Commission as Class 1 and Class 3C landfills, except those permitted landfills that shall comply with closure requirements before January 1, 2005, shall install scales and commence weighing all solid waste received at the landfill. (B) This requirement may be satisfied by utilizing an alternative weighing system approved by the Director of the Division of Environmental Quality. (2) Class 1 and Class 3C landfills shall be required to weigh all loads in excess of one (1) ton (2,000 lbs.), unless otherwise authorized in writing by the Division of Environmental Quality. This provision authorizes Class 1 and Class 3C landfills to estimate weights for residential and other similar loads weighing less than one (1) ton (2,000 lbs.). (3) Class 1 and Class 3C landfills shall install and operate scales for the purpose of weighing solid waste received at the landfill and shall maintain and operate the scales in accordance with the United States Department of Agriculture standards. (4) Except as provided in subdivisions (d)(1) and (2) of this section, beginning January 1, 2004: (A) All quarterly reports required by this subchapter to be submitted by Class 1 and Class 3C landfill permittees to the division shall accurately state the total weight of solid waste received at the landfill, and the total weight of solid waste received at the landfill shall be based upon the recorded weight scale measurements; and (B) The recorded weight scale measurements of solid waste received at Class 1 and Class 3C landfills shall be used to calculate the solid waste disposal fees payable to the division by Class 1 and Class 3C landfill permittees. (e) Solid waste collected during the annual Keep Arkansas Beautiful and Keep America Beautiful campaigns that are sponsored by the Keep Arkansas Beautiful Commission is exempt from the landfill disposal fee under this section. Amended by Act 2019, No. 315,§ 544, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2633, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2632, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2631, eff. 7/1/2019. Acts 1989, No. 849, § 6; 1989, No. 934, § 6; 1991, No. 754, § 1; 1993, No. 1127, § 3; 2001, No. 217, §§ 1, 2; 2003, No. 1337, § 1; 2009, No. 189, §§ 1, 2.

(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 of solid waste received at the landfill. (2) If a landfill permittee is required or chooses to operate on a weight basis, the landfill disposal fee shall be one dollar and fifty cents ($1.50) for each one (1) ton (2,000 lbs.) of solid waste received at the landfill.

(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 of solid waste received at the landfill.

(2) If a landfill permittee is required or chooses to operate on a weight basis, the landfill disposal fee shall be one dollar and fifty cents ($1.50) for each one (1) ton (2,000 lbs.) of solid waste received at the landfill.

(b) (1) Except as provided in subsections (a) and (c) of this section, for all solid waste generated and transported within the state but to be disposed of outside the state, there is imposed on each such solid waste transporter a solid waste transportation fee of twenty-five cents (25¢) for each uncompacted cubic yard of solid waste and forty-five cents (45¢) for each compacted cubic yard of solid waste transported. (2) If a solid waste transporter chooses to operate on a weight basis, the solid waste transportation fee shall be one dollar and fifty cents ($1.50) for each ton of solid waste transported in the state.

(1) Except as provided in subsections (a) and (c) of this section, for all solid waste generated and transported within the state but to be disposed of outside the state, there is imposed on each such solid waste transporter a solid waste transportation fee of twenty-five cents (25¢) for each uncompacted cubic yard of solid waste and forty-five cents (45¢) for each compacted cubic yard of solid waste transported.

(2) If a solid waste transporter chooses to operate on a weight basis, the solid waste transportation fee shall be one dollar and fifty cents ($1.50) for each ton of solid waste transported in the state.

(c) (1) For those permitted landfills where a private industry bears the expense of operating and maintaining the landfill solely for the disposal of wastes generated by the industry, there is imposed on each landfill permittee a landfill disposal fee of ten cents (10¢) for each uncompacted cubic yard of solid waste and twenty cents (20¢) for each compacted cubic yard of solid waste received at the landfill. (2) If the landfill permittee chooses to operate on a weight basis, the landfill disposal fee under this subsection shall be fifty cents (50¢) for each ton of solid waste received at the landfill.

(1) For those permitted landfills where a private industry bears the expense of operating and maintaining the landfill solely for the disposal of wastes generated by the industry, there is imposed on each landfill permittee a landfill disposal fee of ten cents (10¢) for each uncompacted cubic yard of solid waste and twenty cents (20¢) for each compacted cubic yard of solid waste received at the landfill.

(2) If the landfill permittee chooses to operate on a weight basis, the landfill disposal fee under this subsection shall be fifty cents (50¢) for each ton of solid waste received at the landfill.

(d) (1) (A) By January 1, 2004, all permitted facilities identified by rule of the Arkansas Pollution Control and Ecology Commission as Class 1 and Class 3C landfills, except those permitted landfills that shall comply with closure requirements before January 1, 2005, shall install scales and commence weighing all solid waste received at the landfill. (B) This requirement may be satisfied by utilizing an alternative weighing system approved by the Director of the Division of Environmental Quality. (2) Class 1 and Class 3C landfills shall be required to weigh all loads in excess of one (1) ton (2,000 lbs.), unless otherwise authorized in writing by the Division of Environmental Quality. This provision authorizes Class 1 and Class 3C landfills to estimate weights for residential and other similar loads weighing less than one (1) ton (2,000 lbs.). (3) Class 1 and Class 3C landfills shall install and operate scales for the purpose of weighing solid waste received at the landfill and shall maintain and operate the scales in accordance with the United States Department of Agriculture standards. (4) Except as provided in subdivisions (d)(1) and (2) of this section, beginning January 1, 2004: (A) All quarterly reports required by this subchapter to be submitted by Class 1 and Class 3C landfill permittees to the division shall accurately state the total weight of solid waste received at the landfill, and the total weight of solid waste received at the landfill shall be based upon the recorded weight scale measurements; and (B) The recorded weight scale measurements of solid waste received at Class 1 and Class 3C landfills shall be used to calculate the solid waste disposal fees payable to the division by Class 1 and Class 3C landfill permittees.

(1) (A) By January 1, 2004, all permitted facilities identified by rule of the Arkansas Pollution Control and Ecology Commission as Class 1 and Class 3C landfills, except those permitted landfills that shall comply with closure requirements before January 1, 2005, shall install scales and commence weighing all solid waste received at the landfill. (B) This requirement may be satisfied by utilizing an alternative weighing system approved by the Director of the Division of Environmental Quality.

(A) By January 1, 2004, all permitted facilities identified by rule of the Arkansas Pollution Control and Ecology Commission as Class 1 and Class 3C landfills, except those permitted landfills that shall comply with closure requirements before January 1, 2005, shall install scales and commence weighing all solid waste received at the landfill.

(B) This requirement may be satisfied by utilizing an alternative weighing system approved by the Director of the Division of Environmental Quality.

(2) Class 1 and Class 3C landfills shall be required to weigh all loads in excess of one (1) ton (2,000 lbs.), unless otherwise authorized in writing by the Division of Environmental Quality. This provision authorizes Class 1 and Class 3C landfills to estimate weights for residential and other similar loads weighing less than one (1) ton (2,000 lbs.).

(3) Class 1 and Class 3C landfills shall install and operate scales for the purpose of weighing solid waste received at the landfill and shall maintain and operate the scales in accordance with the United States Department of Agriculture standards.

(4) Except as provided in subdivisions (d)(1) and (2) of this section, beginning January 1, 2004: (A) All quarterly reports required by this subchapter to be submitted by Class 1 and Class 3C landfill permittees to the division shall accurately state the total weight of solid waste received at the landfill, and the total weight of solid waste received at the landfill shall be based upon the recorded weight scale measurements; and (B) The recorded weight scale measurements of solid waste received at Class 1 and Class 3C landfills shall be used to calculate the solid waste disposal fees payable to the division by Class 1 and Class 3C landfill permittees.

(A) All quarterly reports required by this subchapter to be submitted by Class 1 and Class 3C landfill permittees to the division shall accurately state the total weight of solid waste received at the landfill, and the total weight of solid waste received at the landfill shall be based upon the recorded weight scale measurements; and

(B) The recorded weight scale measurements of solid waste received at Class 1 and Class 3C landfills shall be used to calculate the solid waste disposal fees payable to the division by Class 1 and Class 3C landfill permittees.

(e) Solid waste collected during the annual Keep Arkansas Beautiful and Keep America Beautiful campaigns that are sponsored by the Keep Arkansas Beautiful Commission is exempt from the landfill disposal fee under this section.

Amended by Act 2019, No. 315,§ 544, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2633, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2632, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2631, eff. 7/1/2019.

Acts 1989, No. 849, § 6; 1989, No. 934, § 6; 1991, No. 754, § 1; 1993, No. 1127, § 3; 2001, No. 217, §§ 1, 2; 2003, No. 1337, § 1; 2009, No. 189, §§ 1, 2.
Ark. Code Ann. § 8-4-311 — AR Code / Title 8 / Chapter 4 / Subchapter 3 / Section 8-4-311
Powers generally
Status: in_force

(a) The Division of Environmental Quality or its successor shall have the power to: (1) Develop and effectuate a comprehensive program for the prevention and control of all sources of pollution of the air of this state; (2) Advise, consult, and cooperate with other agencies of the state, political subdivisions, industries, other states, the United States Government, and with affected groups in the furtherance of the purposes of this subchapter; (3) Encourage and conduct studies, investigations, and research relating to air pollution and its causes, prevention, control, and abatement as it may deem advisable and necessary; (4) Collect and disseminate information relative to air pollution and its prevention and control; (5) Consider complaints and make investigations; (6) Encourage voluntary cooperation by the people, municipalities, counties, industries, and others in preserving and restoring the purity of the air within the state; (7) Administer and enforce all laws and rules relating to pollution of the air; (8) Represent the state in all matters pertaining to plans, procedures, or negotiations for interstate compacts in relation to air pollution control; (9) (A) Cooperate with and receive moneys from the United States Government or any other source for the study and control of air pollution. (B) The division is designated as the official state air pollution control agency for such purposes; (10) Make, issue, modify, revoke, and enforce orders prohibiting, controlling, or abating air pollution, and requiring the adoption of remedial measures to prevent, control, or abate air pollution; (11) Institute court proceedings to compel compliance with the provisions of this chapter and rules and orders issued pursuant to this chapter; (12) Exercise all of the powers in the control of air pollution granted to the division for the control of water pollution under §§ 8-4-101 - 8-4-106 and 8-4-201 - 8-4-229 ; and (13) Develop and implement state implementation plans provided that the Arkansas Pollution Control and Ecology Commission shall retain all powers and duties regarding promulgation of rules under this chapter. (b) The commission shall have the power to: (1) (A) Promulgate rules for implementing the substantive statutes charged to the division for administration. (B) In promulgation of such rules, prior to the submittal to public comment and review of any rule or change to any rule that is more stringent than federal requirements, the commission shall duly consider the economic impact and the environmental benefit of such rule on the people of the State of Arkansas, including those entities that will be subject to the rule. (C) The commission shall promptly initiate rulemaking to further implement the analysis required under subdivision (b)(1)(B) of this section. (D) The extent of the analysis required under subdivision (b)(1)(B) of this section shall be defined in the commission's rulemaking required under subdivision (b)(1)(C) of this section. It will include a written report that shall be available for public review along with the proposed rule in the public comment period. (E) Upon completion of the public comment period, the commission shall compile a rulemaking record or response to comments demonstrating a reasoned evaluation of the relative impact and benefits of the more stringent rule; (2) Promulgate rules and procedures not otherwise governed by applicable law that the commission deems necessary to secure public participation in environmental decision-making processes; (3) Promulgate rules governing administrative procedures for challenging or contesting division actions; (4) In the case of permitting or grants decisions, provide the right to appeal a permitting or grants decision rendered by the Director of the Division of Environmental Quality or his or her delegatee; (5) In the case of an administrative enforcement or emergency action, provide the right to contest any such action initiated by the director; (6) Instruct the director to prepare such reports or perform such studies as will advance the cause of environmental protection in the state; (7) Make recommendations to the director regarding overall policy and administration of the division, provided, however, that the director shall always remain within the plenary authority of the Governor and the Secretary of the Department of Energy and Environment; (8) Upon a majority vote, initiate review of any director's decision; (9) Adopt, after notice and public hearing, reasonable and nondiscriminatory rules requiring the registration of and the filing of reports by persons engaged in operations that may result in air pollution; (10) (A) Adopt, after notice and public hearing, reasonable and nondiscriminatory rules, including requiring a permit or other regulatory authorization from the division, before any equipment causing the issuance of air contaminants may be built, erected, altered, replaced, used, or operated, except in the case of repairs or maintenance of equipment for which a permit has been previously used, and revoke or modify any permit issued under this chapter or deny any permit when it is necessary, in the opinion of the division, to prevent, control, or abate air pollution. (B) A permit shall be issued for the operation or use of any equipment or any facility in existence upon the effective date of any rule requiring a permit if proper application is made for the permit. (C) No such permit shall be modified or revoked without prior notice and hearing as provided in this section. (D) Any person that is denied a permit by the division or that has such permit revoked or modified shall be afforded an opportunity for a hearing in connection therewith upon written application made within thirty (30) days after service of notice of such denial, revocation, or modification. (E) The operation of any existing equipment or facility for which a proper permit application has been made shall not be interrupted pending final action thereon. (F) (i) An applicant or permit holder that has had a complete application for a permit or for a modification of a permit pending longer than the time specified in the state rules promulgated pursuant to Title V of the Clean Air Act Amendments of 1990, 42 U.S.C. § 7661 et seq., or any person that participated in the public participation process, and any other person that could obtain judicial review of such actions under state laws, may petition the commission for relief from division inaction. (ii) The commission will either deny or grant the petition within forty-five (45) days of its submittal. (iii) For the purposes of judicial review, either a commission denial or the failure of the division to render a final decision within thirty (30) days after the commission has granted a petition shall constitute final agency action; (11) (A) Establish through its rulemaking authority, either alone or in conjunction with the appropriate state or local agencies, a system for the banking and trading of air emissions designed to maintain both the state's attainment status with the National Ambient Air Quality Standards mandated by the Clean Air Act and the overall air quality of the state. (B) The commission may consider differential valuation of emission credits as necessary to achieve primary and secondary national ambient air quality standards, and may consider establishing credits for air pollutants other than those designated as criteria air pollutants by the United States Environmental Protection Agency. (C) Any rule proposed pursuant to this authorization shall be reported to the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor or appropriate subcommittees of the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor prior to its final promulgation; and (12) In the case of a state implementation plan, provide the right to appeal a final decision rendered by the director or his or her delegate under § 8-4-317 . Amended by Act 2019, No. 315,§ 499, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 498, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 497, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 496, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 495, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 494, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 493, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 492, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 491, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 490, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2536, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2535, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2534, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2533, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2532, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2531, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2530, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2529, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2528, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2527, eff. 7/1/2019. Amended by Act 2013, No. 1302,§ 3, eff. 4/18/2013. Amended by Act 2013, No. 1302,§ 2, eff. 4/18/2013. Acts 1949, No. 472, [Part 2], § 5, as added by Acts 1965, No. 183, § 7; A.S.A. 1947, § 82-1935; Acts 1993, No. 994, § 1; 1995, No. 895, § 4; 1997, No. 179, § 1; 1997, No. 1219, § 6; 1999, No. 1164, § 31.

(a) The Division of Environmental Quality or its successor shall have the power to: (1) Develop and effectuate a comprehensive program for the prevention and control of all sources of pollution of the air of this state; (2) Advise, consult, and cooperate with other agencies of the state, political subdivisions, industries, other states, the United States Government, and with affected groups in the furtherance of the purposes of this subchapter; (3) Encourage and conduct studies, investigations, and research relating to air pollution and its causes, prevention, control, and abatement as it may deem advisable and necessary; (4) Collect and disseminate information relative to air pollution and its prevention and control; (5) Consider complaints and make investigations; (6) Encourage voluntary cooperation by the people, municipalities, counties, industries, and others in preserving and restoring the purity of the air within the state; (7) Administer and enforce all laws and rules relating to pollution of the air; (8) Represent the state in all matters pertaining to plans, procedures, or negotiations for interstate compacts in relation to air pollution control; (9) (A) Cooperate with and receive moneys from the United States Government or any other source for the study and control of air pollution. (B) The division is designated as the official state air pollution control agency for such purposes; (10) Make, issue, modify, revoke, and enforce orders prohibiting, controlling, or abating air pollution, and requiring the adoption of remedial measures to prevent, control, or abate air pollution; (11) Institute court proceedings to compel compliance with the provisions of this chapter and rules and orders issued pursuant to this chapter; (12) Exercise all of the powers in the control of air pollution granted to the division for the control of water pollution under §§ 8-4-101 - 8-4-106 and 8-4-201 - 8-4-229 ; and (13) Develop and implement state implementation plans provided that the Arkansas Pollution Control and Ecology Commission shall retain all powers and duties regarding promulgation of rules under this chapter.

(1) Develop and effectuate a comprehensive program for the prevention and control of all sources of pollution of the air of this state;

(2) Advise, consult, and cooperate with other agencies of the state, political subdivisions, industries, other states, the United States Government, and with affected groups in the furtherance of the purposes of this subchapter;

(3) Encourage and conduct studies, investigations, and research relating to air pollution and its causes, prevention, control, and abatement as it may deem advisable and necessary;

(4) Collect and disseminate information relative to air pollution and its prevention and control;

(5) Consider complaints and make investigations;

(6) Encourage voluntary cooperation by the people, municipalities, counties, industries, and others in preserving and restoring the purity of the air within the state;

(7) Administer and enforce all laws and rules relating to pollution of the air;

(8) Represent the state in all matters pertaining to plans, procedures, or negotiations for interstate compacts in relation to air pollution control;

(9) (A) Cooperate with and receive moneys from the United States Government or any other source for the study and control of air pollution. (B) The division is designated as the official state air pollution control agency for such purposes;

(A) Cooperate with and receive moneys from the United States Government or any other source for the study and control of air pollution.

(B) The division is designated as the official state air pollution control agency for such purposes;

(10) Make, issue, modify, revoke, and enforce orders prohibiting, controlling, or abating air pollution, and requiring the adoption of remedial measures to prevent, control, or abate air pollution;

(11) Institute court proceedings to compel compliance with the provisions of this chapter and rules and orders issued pursuant to this chapter;

(12) Exercise all of the powers in the control of air pollution granted to the division for the control of water pollution under §§ 8-4-101 - 8-4-106 and 8-4-201 - 8-4-229 ; and

(13) Develop and implement state implementation plans provided that the Arkansas Pollution Control and Ecology Commission shall retain all powers and duties regarding promulgation of rules under this chapter.

(b) The commission shall have the power to: (1) (A) Promulgate rules for implementing the substantive statutes charged to the division for administration. (B) In promulgation of such rules, prior to the submittal to public comment and review of any rule or change to any rule that is more stringent than federal requirements, the commission shall duly consider the economic impact and the environmental benefit of such rule on the people of the State of Arkansas, including those entities that will be subject to the rule. (C) The commission shall promptly initiate rulemaking to further implement the analysis required under subdivision (b)(1)(B) of this section. (D) The extent of the analysis required under subdivision (b)(1)(B) of this section shall be defined in the commission's rulemaking required under subdivision (b)(1)(C) of this section. It will include a written report that shall be available for public review along with the proposed rule in the public comment period. (E) Upon completion of the public comment period, the commission shall compile a rulemaking record or response to comments demonstrating a reasoned evaluation of the relative impact and benefits of the more stringent rule; (2) Promulgate rules and procedures not otherwise governed by applicable law that the commission deems necessary to secure public participation in environmental decision-making processes; (3) Promulgate rules governing administrative procedures for challenging or contesting division actions; (4) In the case of permitting or grants decisions, provide the right to appeal a permitting or grants decision rendered by the Director of the Division of Environmental Quality or his or her delegatee; (5) In the case of an administrative enforcement or emergency action, provide the right to contest any such action initiated by the director; (6) Instruct the director to prepare such reports or perform such studies as will advance the cause of environmental protection in the state; (7) Make recommendations to the director regarding overall policy and administration of the division, provided, however, that the director shall always remain within the plenary authority of the Governor and the Secretary of the Department of Energy and Environment; (8) Upon a majority vote, initiate review of any director's decision; (9) Adopt, after notice and public hearing, reasonable and nondiscriminatory rules requiring the registration of and the filing of reports by persons engaged in operations that may result in air pollution; (10) (A) Adopt, after notice and public hearing, reasonable and nondiscriminatory rules, including requiring a permit or other regulatory authorization from the division, before any equipment causing the issuance of air contaminants may be built, erected, altered, replaced, used, or operated, except in the case of repairs or maintenance of equipment for which a permit has been previously used, and revoke or modify any permit issued under this chapter or deny any permit when it is necessary, in the opinion of the division, to prevent, control, or abate air pollution. (B) A permit shall be issued for the operation or use of any equipment or any facility in existence upon the effective date of any rule requiring a permit if proper application is made for the permit. (C) No such permit shall be modified or revoked without prior notice and hearing as provided in this section. (D) Any person that is denied a permit by the division or that has such permit revoked or modified shall be afforded an opportunity for a hearing in connection therewith upon written application made within thirty (30) days after service of notice of such denial, revocation, or modification. (E) The operation of any existing equipment or facility for which a proper permit application has been made shall not be interrupted pending final action thereon. (F) (i) An applicant or permit holder that has had a complete application for a permit or for a modification of a permit pending longer than the time specified in the state rules promulgated pursuant to Title V of the Clean Air Act Amendments of 1990, 42 U.S.C. § 7661 et seq., or any person that participated in the public participation process, and any other person that could obtain judicial review of such actions under state laws, may petition the commission for relief from division inaction. (ii) The commission will either deny or grant the petition within forty-five (45) days of its submittal. (iii) For the purposes of judicial review, either a commission denial or the failure of the division to render a final decision within thirty (30) days after the commission has granted a petition shall constitute final agency action; (11) (A) Establish through its rulemaking authority, either alone or in conjunction with the appropriate state or local agencies, a system for the banking and trading of air emissions designed to maintain both the state's attainment status with the National Ambient Air Quality Standards mandated by the Clean Air Act and the overall air quality of the state. (B) The commission may consider differential valuation of emission credits as necessary to achieve primary and secondary national ambient air quality standards, and may consider establishing credits for air pollutants other than those designated as criteria air pollutants by the United States Environmental Protection Agency. (C) Any rule proposed pursuant to this authorization shall be reported to the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor or appropriate subcommittees of the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor prior to its final promulgation; and (12) In the case of a state implementation plan, provide the right to appeal a final decision rendered by the director or his or her delegate under § 8-4-317 .

(1) (A) Promulgate rules for implementing the substantive statutes charged to the division for administration. (B) In promulgation of such rules, prior to the submittal to public comment and review of any rule or change to any rule that is more stringent than federal requirements, the commission shall duly consider the economic impact and the environmental benefit of such rule on the people of the State of Arkansas, including those entities that will be subject to the rule. (C) The commission shall promptly initiate rulemaking to further implement the analysis required under subdivision (b)(1)(B) of this section. (D) The extent of the analysis required under subdivision (b)(1)(B) of this section shall be defined in the commission's rulemaking required under subdivision (b)(1)(C) of this section. It will include a written report that shall be available for public review along with the proposed rule in the public comment period. (E) Upon completion of the public comment period, the commission shall compile a rulemaking record or response to comments demonstrating a reasoned evaluation of the relative impact and benefits of the more stringent rule;

(A) Promulgate rules for implementing the substantive statutes charged to the division for administration.

(B) In promulgation of such rules, prior to the submittal to public comment and review of any rule or change to any rule that is more stringent than federal requirements, the commission shall duly consider the economic impact and the environmental benefit of such rule on the people of the State of Arkansas, including those entities that will be subject to the rule.

(C) The commission shall promptly initiate rulemaking to further implement the analysis required under subdivision (b)(1)(B) of this section.

(D) The extent of the analysis required under subdivision (b)(1)(B) of this section shall be defined in the commission's rulemaking required under subdivision (b)(1)(C) of this section. It will include a written report that shall be available for public review along with the proposed rule in the public comment period.

(E) Upon completion of the public comment period, the commission shall compile a rulemaking record or response to comments demonstrating a reasoned evaluation of the relative impact and benefits of the more stringent rule;

(2) Promulgate rules and procedures not otherwise governed by applicable law that the commission deems necessary to secure public participation in environmental decision-making processes;

(3) Promulgate rules governing administrative procedures for challenging or contesting division actions;

(4) In the case of permitting or grants decisions, provide the right to appeal a permitting or grants decision rendered by the Director of the Division of Environmental Quality or his or her delegatee;

(5) In the case of an administrative enforcement or emergency action, provide the right to contest any such action initiated by the director;

(6) Instruct the director to prepare such reports or perform such studies as will advance the cause of environmental protection in the state;

(7) Make recommendations to the director regarding overall policy and administration of the division, provided, however, that the director shall always remain within the plenary authority of the Governor and the Secretary of the Department of Energy and Environment;

(8) Upon a majority vote, initiate review of any director's decision;

(9) Adopt, after notice and public hearing, reasonable and nondiscriminatory rules requiring the registration of and the filing of reports by persons engaged in operations that may result in air pollution;

(10) (A) Adopt, after notice and public hearing, reasonable and nondiscriminatory rules, including requiring a permit or other regulatory authorization from the division, before any equipment causing the issuance of air contaminants may be built, erected, altered, replaced, used, or operated, except in the case of repairs or maintenance of equipment for which a permit has been previously used, and revoke or modify any permit issued under this chapter or deny any permit when it is necessary, in the opinion of the division, to prevent, control, or abate air pollution. (B) A permit shall be issued for the operation or use of any equipment or any facility in existence upon the effective date of any rule requiring a permit if proper application is made for the permit. (C) No such permit shall be modified or revoked without prior notice and hearing as provided in this section. (D) Any person that is denied a permit by the division or that has such permit revoked or modified shall be afforded an opportunity for a hearing in connection therewith upon written application made within thirty (30) days after service of notice of such denial, revocation, or modification. (E) The operation of any existing equipment or facility for which a proper permit application has been made shall not be interrupted pending final action thereon. (F) (i) An applicant or permit holder that has had a complete application for a permit or for a modification of a permit pending longer than the time specified in the state rules promulgated pursuant to Title V of the Clean Air Act Amendments of 1990, 42 U.S.C. § 7661 et seq., or any person that participated in the public participation process, and any other person that could obtain judicial review of such actions under state laws, may petition the commission for relief from division inaction. (ii) The commission will either deny or grant the petition within forty-five (45) days of its submittal. (iii) For the purposes of judicial review, either a commission denial or the failure of the division to render a final decision within thirty (30) days after the commission has granted a petition shall constitute final agency action;

(A) Adopt, after notice and public hearing, reasonable and nondiscriminatory rules, including requiring a permit or other regulatory authorization from the division, before any equipment causing the issuance of air contaminants may be built, erected, altered, replaced, used, or operated, except in the case of repairs or maintenance of equipment for which a permit has been previously used, and revoke or modify any permit issued under this chapter or deny any permit when it is necessary, in the opinion of the division, to prevent, control, or abate air pollution.

(B) A permit shall be issued for the operation or use of any equipment or any facility in existence upon the effective date of any rule requiring a permit if proper application is made for the permit.

(C) No such permit shall be modified or revoked without prior notice and hearing as provided in this section.

(D) Any person that is denied a permit by the division or that has such permit revoked or modified shall be afforded an opportunity for a hearing in connection therewith upon written application made within thirty (30) days after service of notice of such denial, revocation, or modification.

(E) The operation of any existing equipment or facility for which a proper permit application has been made shall not be interrupted pending final action thereon.

(F) (i) An applicant or permit holder that has had a complete application for a permit or for a modification of a permit pending longer than the time specified in the state rules promulgated pursuant to Title V of the Clean Air Act Amendments of 1990, 42 U.S.C. § 7661 et seq., or any person that participated in the public participation process, and any other person that could obtain judicial review of such actions under state laws, may petition the commission for relief from division inaction. (ii) The commission will either deny or grant the petition within forty-five (45) days of its submittal. (iii) For the purposes of judicial review, either a commission denial or the failure of the division to render a final decision within thirty (30) days after the commission has granted a petition shall constitute final agency action;

(i) An applicant or permit holder that has had a complete application for a permit or for a modification of a permit pending longer than the time specified in the state rules promulgated pursuant to Title V of the Clean Air Act Amendments of 1990, 42 U.S.C. § 7661 et seq., or any person that participated in the public participation process, and any other person that could obtain judicial review of such actions under state laws, may petition the commission for relief from division inaction.

(ii) The commission will either deny or grant the petition within forty-five (45) days of its submittal.

(iii) For the purposes of judicial review, either a commission denial or the failure of the division to render a final decision within thirty (30) days after the commission has granted a petition shall constitute final agency action;

(11) (A) Establish through its rulemaking authority, either alone or in conjunction with the appropriate state or local agencies, a system for the banking and trading of air emissions designed to maintain both the state's attainment status with the National Ambient Air Quality Standards mandated by the Clean Air Act and the overall air quality of the state. (B) The commission may consider differential valuation of emission credits as necessary to achieve primary and secondary national ambient air quality standards, and may consider establishing credits for air pollutants other than those designated as criteria air pollutants by the United States Environmental Protection Agency. (C) Any rule proposed pursuant to this authorization shall be reported to the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor or appropriate subcommittees of the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor prior to its final promulgation; and

(A) Establish through its rulemaking authority, either alone or in conjunction with the appropriate state or local agencies, a system for the banking and trading of air emissions designed to maintain both the state's attainment status with the National Ambient Air Quality Standards mandated by the Clean Air Act and the overall air quality of the state.

(B) The commission may consider differential valuation of emission credits as necessary to achieve primary and secondary national ambient air quality standards, and may consider establishing credits for air pollutants other than those designated as criteria air pollutants by the United States Environmental Protection Agency.

(C) Any rule proposed pursuant to this authorization shall be reported to the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor or appropriate subcommittees of the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor prior to its final promulgation; and

(12) In the case of a state implementation plan, provide the right to appeal a final decision rendered by the director or his or her delegate under § 8-4-317 .

Amended by Act 2019, No. 315,§ 499, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 498, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 497, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 496, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 495, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 494, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 493, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 492, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 491, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 490, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2536, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2535, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2534, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2533, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2532, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2531, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2530, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2529, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2528, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2527, eff. 7/1/2019.

Amended by Act 2013, No. 1302,§ 3, eff. 4/18/2013.

Amended by Act 2013, No. 1302,§ 2, eff. 4/18/2013.

Acts 1949, No. 472, [Part 2], § 5, as added by Acts 1965, No. 183, § 7; A.S.A. 1947, § 82-1935; Acts 1993, No. 994, § 1; 1995, No. 895, § 4; 1997, No. 179, § 1; 1997, No. 1219, § 6; 1999, No. 1164, § 31.
Ark. Code Ann. § 8-14-103 — AR Code / Title 8 / Chapter 14 / Section 8-14-103
Definitions
Status: in_force

As used in this chapter: (1) "Outdoor lighting fixture" means an automatically controlled, outdoor artificial illuminating device, whether permanent or portable, used for illumination or advertisement, including searchlights, spotlights, and floodlights, whether for architectural lighting, parking lot lighting, landscape lighting, billboards, or street lighting; and (2) "Shielded" means a fixture that is covered in a manner that light rays emitted by the fixture, either directly from the lamp or indirectly from the fixture, are projected below a horizontal plane running through the lowest point on the fixture where light is emitted. Acts 2005, No. 1963, § 1.

As used in this chapter:

(1) "Outdoor lighting fixture" means an automatically controlled, outdoor artificial illuminating device, whether permanent or portable, used for illumination or advertisement, including searchlights, spotlights, and floodlights, whether for architectural lighting, parking lot lighting, landscape lighting, billboards, or street lighting; and

(2) "Shielded" means a fixture that is covered in a manner that light rays emitted by the fixture, either directly from the lamp or indirectly from the fixture, are projected below a horizontal plane running through the lowest point on the fixture where light is emitted.

Acts 2005, No. 1963, § 1.
Ark. Code Ann. § 8-6-607 — AR Code / Title 8 / Chapter 6 / Subchapter 6 / Section 8-6-607
Collection of fees
Status: in_force

(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 received at the landfill or transported out of state during the quarter just completed; and (2) Pay to the division the full amount of disposal and transportation fees imposed and collected under this subchapter for the preceding quarter. (b) (1) Except as provided in subdivisions (b)(2) and (3) of this section, the disposal and transportation fees collected under this section shall be special revenues and deposited into the State Treasury to the credit of the Solid Waste Management and Recycling Fund for administrative support of the Compliance Advisory Panel. (2) Twenty-five percent (25%) of the disposal fees collected under subsection (a) of this section from landfills in which a private industry bears the expense of operating and maintaining the landfill solely for the disposal of wastes generated by the private industry shall be deposited quarterly into the Marketing Recyclables Program Fund. (3) Except for the disposal fees deposited into the Marketing Recyclables Program Fund under subdivision (b)(2) of this section, before disbursing moneys to the regional solid waste management boards, the division shall deposit the following moneys into the following funds each fiscal year: (A) One hundred fifty thousand dollars ($150,000) into the Crime Information System Fund to be used exclusively for the scrap metal logbook program; and (B) Three hundred thousand dollars ($300,000) into the Arkansas Unpaved Roads Program Fund. Amended by Act 2019, No. 695,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2635, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2634, eff. 7/1/2019. Amended by Act 2017, No. 1067,§ 2, eff. 8/1/2017. Amended by Act 2013, No. 1202,§ 45, eff. 7/1/2013. Acts 1989, No. 849, § 7; 1989, No. 934, § 7; 1991, No. 755, § 2; 1993, No. 1127, § 3; 1995, No. 511, § 2; 2012, No. 283, § 10. See Act 2019, No. 695, § 3.

(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 received at the landfill or transported out of state during the quarter just completed; and (2) Pay to the division the full amount of disposal and transportation fees imposed and collected under this subchapter for the preceding quarter.

(1) Submit to the Division of Environmental Quality a quarterly report that accurately states the total weight or volume of solid waste received at the landfill or transported out of state during the quarter just completed; and

(2) Pay to the division the full amount of disposal and transportation fees imposed and collected under this subchapter for the preceding quarter.

(b) (1) Except as provided in subdivisions (b)(2) and (3) of this section, the disposal and transportation fees collected under this section shall be special revenues and deposited into the State Treasury to the credit of the Solid Waste Management and Recycling Fund for administrative support of the Compliance Advisory Panel. (2) Twenty-five percent (25%) of the disposal fees collected under subsection (a) of this section from landfills in which a private industry bears the expense of operating and maintaining the landfill solely for the disposal of wastes generated by the private industry shall be deposited quarterly into the Marketing Recyclables Program Fund. (3) Except for the disposal fees deposited into the Marketing Recyclables Program Fund under subdivision (b)(2) of this section, before disbursing moneys to the regional solid waste management boards, the division shall deposit the following moneys into the following funds each fiscal year: (A) One hundred fifty thousand dollars ($150,000) into the Crime Information System Fund to be used exclusively for the scrap metal logbook program; and (B) Three hundred thousand dollars ($300,000) into the Arkansas Unpaved Roads Program Fund.

(1) Except as provided in subdivisions (b)(2) and (3) of this section, the disposal and transportation fees collected under this section shall be special revenues and deposited into the State Treasury to the credit of the Solid Waste Management and Recycling Fund for administrative support of the Compliance Advisory Panel.

(2) Twenty-five percent (25%) of the disposal fees collected under subsection (a) of this section from landfills in which a private industry bears the expense of operating and maintaining the landfill solely for the disposal of wastes generated by the private industry shall be deposited quarterly into the Marketing Recyclables Program Fund.

(3) Except for the disposal fees deposited into the Marketing Recyclables Program Fund under subdivision (b)(2) of this section, before disbursing moneys to the regional solid waste management boards, the division shall deposit the following moneys into the following funds each fiscal year: (A) One hundred fifty thousand dollars ($150,000) into the Crime Information System Fund to be used exclusively for the scrap metal logbook program; and (B) Three hundred thousand dollars ($300,000) into the Arkansas Unpaved Roads Program Fund.

(A) One hundred fifty thousand dollars ($150,000) into the Crime Information System Fund to be used exclusively for the scrap metal logbook program; and

(B) Three hundred thousand dollars ($300,000) into the Arkansas Unpaved Roads Program Fund.

Amended by Act 2019, No. 695,§ 1, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2635, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2634, eff. 7/1/2019.

Amended by Act 2017, No. 1067,§ 2, eff. 8/1/2017.

Amended by Act 2013, No. 1202,§ 45, eff. 7/1/2013.

Acts 1989, No. 849, § 7; 1989, No. 934, § 7; 1991, No. 755, § 2; 1993, No. 1127, § 3; 1995, No. 511, § 2; 2012, No. 283, § 10.

See Act 2019, No. 695, § 3.
Ark. Code Ann. § 8-6-1602 — AR Code / Title 8 / Chapter 6 / Subchapter 16 / Section 8-6-1602
Definitions
Status: in_force

As used in this subchapter: (1) "Active life" means the period of operation beginning with the initial receipt of solid waste and ending at completion of closure activities; (2) "Closure plan" means a written plan that describes the steps necessary to close any solid waste management facility at any point during its active life in accordance with the design requirements in rules issued pursuant to this subchapter, as applicable; (3) "Commission" means the Arkansas Pollution Control and Ecology Commission; (4) "Disposal site" or "disposal facility" means any place at which solid waste is dumped, abandoned, or accepted or disposed of for final disposition by incineration, landfilling, composting, or any other method; (5) (A) "Existing municipal solid waste landfill unit" means any municipal solid waste landfill unit that was receiving solid waste as of October 9, 1993, or April 9, 1994, as applicable to the Resource Conservation and Recovery Act of 1976, Subtitle D. (B) Waste placement in existing units must be consistent with past operating practices or modified practices to ensure good management; (6) "Facility" means all contiguous land and structures, other appurtenances, and improvements on the land used for the disposal, treatment, or processing of solid waste; (7) "Land application unit" means an area where wastes are applied onto or incorporated into the soil surface, excluding manure and wastewater treatment sludge spreading operations, for agricultural purposes or for treatment and disposal; (8) "Lateral expansion" means a horizontal expansion of the waste boundaries of an existing municipal solid waste landfill unit; (9) (A) "Municipal solid waste landfill unit" means a discrete area of land or an excavation that receives household waste and that is not a land application unit, surface impoundment, injection well, or waste pile. (B) A municipal solid waste landfill unit also may receive other types of Resource Conservation and Recovery Act of 1976, Subtitle D wastes, such as commercial solid waste, nonhazardous sludge, small quantity generator waste, and industrial solid waste. (C) Such a landfill may be publicly or privately owned. (D) A municipal solid waste landfill unit may be a new municipal solid waste landfill unit, an existing municipal solid waste landfill unit, or a lateral expansion; (10) "New municipal solid waste landfill unit" means any municipal solid waste landfill unit that has not received waste prior to October 9, 1993, or April 9, 1994, as applicable; (11) "Operator" means the person responsible for the overall operation of a facility or part of a facility; (12) "Owner" means the person who owns a facility or part of a facility; (13) "Person" means any individual, corporation, company, firm, partnership, association, trust, state agency, government instrumentality or agency, institution, county, city, town, or municipal authority or trust, venture, or other legal entity, however organized; (14) "Post-closure plan" means a written plan that provides a description of monitoring and maintenance activities required in rules issued pursuant to this subchapter and includes the frequency with which these activities will be performed; (15) "RCRA, Subtitle D" means the United States Environmental Protection Agency, Office of Land and Emergency Management, Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq., and the August 1991 Addendum for the Final Criteria for Municipal Solid Waste Landfills, 40 C.F.R. part 258 ; (16) "Solid waste management system" means the entire process of storage, collection, transportation, processing, treatment, and disposal of solid waste and includes equipment, facilities, and operations designed for solid waste management activities, including recycling, source reduction, and the enforcement of solid waste management laws and ordinances; (17) "State" means the State of Arkansas; and (18) (A) "Surface impoundment" or "impoundment" means a facility or part of a facility that is a natural topographic depression, human-made excavation, or diked area formed primarily of earthen materials, although it may be lined with human-made materials, that is designed to hold an accumulation of liquid wastes or wastes containing free liquids and that is not an injection well. (B) Examples of surface impoundments are holding, storage, settling, and aeration pits, ponds, and lagoons. Amended by Act 2019, No. 315,§ 586, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 585, eff. 7/24/2019. Amended by Act 2019, No. 693,§ 17, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2698, eff. 7/1/2019. Acts 1995, No. 510, § 1; 1999, No. 758, § 2; 1999, No. 1164, § 85.

As used in this subchapter:

(1) "Active life" means the period of operation beginning with the initial receipt of solid waste and ending at completion of closure activities;

(2) "Closure plan" means a written plan that describes the steps necessary to close any solid waste management facility at any point during its active life in accordance with the design requirements in rules issued pursuant to this subchapter, as applicable;

(3) "Commission" means the Arkansas Pollution Control and Ecology Commission;

(4) "Disposal site" or "disposal facility" means any place at which solid waste is dumped, abandoned, or accepted or disposed of for final disposition by incineration, landfilling, composting, or any other method;

(5) (A) "Existing municipal solid waste landfill unit" means any municipal solid waste landfill unit that was receiving solid waste as of October 9, 1993, or April 9, 1994, as applicable to the Resource Conservation and Recovery Act of 1976, Subtitle D. (B) Waste placement in existing units must be consistent with past operating practices or modified practices to ensure good management;

(A) "Existing municipal solid waste landfill unit" means any municipal solid waste landfill unit that was receiving solid waste as of October 9, 1993, or April 9, 1994, as applicable to the Resource Conservation and Recovery Act of 1976, Subtitle D.

(B) Waste placement in existing units must be consistent with past operating practices or modified practices to ensure good management;

(6) "Facility" means all contiguous land and structures, other appurtenances, and improvements on the land used for the disposal, treatment, or processing of solid waste;

(7) "Land application unit" means an area where wastes are applied onto or incorporated into the soil surface, excluding manure and wastewater treatment sludge spreading operations, for agricultural purposes or for treatment and disposal;

(8) "Lateral expansion" means a horizontal expansion of the waste boundaries of an existing municipal solid waste landfill unit;

(9) (A) "Municipal solid waste landfill unit" means a discrete area of land or an excavation that receives household waste and that is not a land application unit, surface impoundment, injection well, or waste pile. (B) A municipal solid waste landfill unit also may receive other types of Resource Conservation and Recovery Act of 1976, Subtitle D wastes, such as commercial solid waste, nonhazardous sludge, small quantity generator waste, and industrial solid waste. (C) Such a landfill may be publicly or privately owned. (D) A municipal solid waste landfill unit may be a new municipal solid waste landfill unit, an existing municipal solid waste landfill unit, or a lateral expansion;

(A) "Municipal solid waste landfill unit" means a discrete area of land or an excavation that receives household waste and that is not a land application unit, surface impoundment, injection well, or waste pile.

(B) A municipal solid waste landfill unit also may receive other types of Resource Conservation and Recovery Act of 1976, Subtitle D wastes, such as commercial solid waste, nonhazardous sludge, small quantity generator waste, and industrial solid waste.

(C) Such a landfill may be publicly or privately owned.

(D) A municipal solid waste landfill unit may be a new municipal solid waste landfill unit, an existing municipal solid waste landfill unit, or a lateral expansion;

(10) "New municipal solid waste landfill unit" means any municipal solid waste landfill unit that has not received waste prior to October 9, 1993, or April 9, 1994, as applicable;

(11) "Operator" means the person responsible for the overall operation of a facility or part of a facility;

(12) "Owner" means the person who owns a facility or part of a facility;

(13) "Person" means any individual, corporation, company, firm, partnership, association, trust, state agency, government instrumentality or agency, institution, county, city, town, or municipal authority or trust, venture, or other legal entity, however organized;

(14) "Post-closure plan" means a written plan that provides a description of monitoring and maintenance activities required in rules issued pursuant to this subchapter and includes the frequency with which these activities will be performed;

(15) "RCRA, Subtitle D" means the United States Environmental Protection Agency, Office of Land and Emergency Management, Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq., and the August 1991 Addendum for the Final Criteria for Municipal Solid Waste Landfills, 40 C.F.R. part 258 ;

(16) "Solid waste management system" means the entire process of storage, collection, transportation, processing, treatment, and disposal of solid waste and includes equipment, facilities, and operations designed for solid waste management activities, including recycling, source reduction, and the enforcement of solid waste management laws and ordinances;

(17) "State" means the State of Arkansas; and

(18) (A) "Surface impoundment" or "impoundment" means a facility or part of a facility that is a natural topographic depression, human-made excavation, or diked area formed primarily of earthen materials, although it may be lined with human-made materials, that is designed to hold an accumulation of liquid wastes or wastes containing free liquids and that is not an injection well. (B) Examples of surface impoundments are holding, storage, settling, and aeration pits, ponds, and lagoons.

(A) "Surface impoundment" or "impoundment" means a facility or part of a facility that is a natural topographic depression, human-made excavation, or diked area formed primarily of earthen materials, although it may be lined with human-made materials, that is designed to hold an accumulation of liquid wastes or wastes containing free liquids and that is not an injection well.

(B) Examples of surface impoundments are holding, storage, settling, and aeration pits, ponds, and lagoons.

Amended by Act 2019, No. 315,§ 586, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 585, eff. 7/24/2019.

Amended by Act 2019, No. 693,§ 17, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2698, eff. 7/1/2019.

Acts 1995, No. 510, § 1; 1999, No. 758, § 2; 1999, No. 1164, § 85.