reglab/housing_qa huggingface dataset:
AR Code § 8-6-1301 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 6 - Disposal of Solid Wastes and Other Refuse|Subchapter 13 - Commercial Medical Waste Incineration Facilities|§ 8-6-1301. Legislative findings and purpose

 (a) The General Assembly has found that there is an increased interest in obtaining permits from the Arkansas Department of Environmental Quality or the Division of Environmental Quality for the purpose of constructing and operating commercial medical waste incineration facilities. The Clean Air Act in 42 U.S.C. § 7429(a)(1)(C) has directed the United States Environmental Protection Agency to promulgate regulations concerning these commercial medical waste incineration facilities. The General Assembly has determined that it is necessary to delay the issuance of permits to these commercial medical waste incineration facilities until those regulations are promulgated in order to ensure that any permits issued will be based on the latest available information concerning technology and safety as set forth in the federal regulations.  (b) As scientific understanding of the potential public health and environmental impacts from large-scale medical waste incineration evolves, the General Assembly finds that continued caution regarding the development of commercial medical waste incineration facilities is necessary in order to protect the public health, safety, and welfare. Even though medical waste incinerators constitute major sources of potentially harmful emissions into the air, the United States Environmental Protection Agency has yet to promulgate technology standards necessary to assure safe operation. In the meantime, highly speculative ventures seek to profit from the regulatory uncertainty by promoting undercapitalized incineration facilities handling volumes of waste far in excess of that from the largest hospital.  (c) This subchapter seeks to protect the public welfare by assuring that:  (1) Commercial-scale medical waste incinerators beginning operation after March 1, 1995, will be in compliance with the most recent operating standards and rules;  (2) The owner or operator of any commercial-scale medical waste incinerator beginning operation after March 1, 1995, shall demonstrate financial assurances necessary to ensure the proper operation, maintenance, and closure of such facilities;  (3) A transfer of ownership or control of any commercial-scale medical waste incinerator will prompt regulatory officials to apply permitting standards and procedures as stringent as those applicable for the issuance of a new permit;  (4) Generators of medical waste are encouraged to follow the hierarchy of waste management goals set out in the Arkansas Pollution Prevention Act, § 8-10-201 et seq.; and  (5) Both generators of medical waste and regulatory officials will give proper consideration to alternative technologies for treating medical waste other than incineration.
AR Code § 8-6-1302 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 6 - Disposal of Solid Wastes and Other Refuse|Subchapter 13 - Commercial Medical Waste Incineration Facilities|§ 8-6-1302. Definitions

 As used in this subchapter:   (1) “Commercial medical waste incineration facility” means any facility accepting medical waste materials for treatment and disposal by incineration from an off-site source and operating the treatment and disposal facility as a business for profit;  (2) [Repealed.]  (3) [Repealed.]  (4) “Occupied structure” means a building or other structure:  (A) Where any person lives or carries on a business or other calling;  (B) Where people assemble for purposes of business, government, education, religion, entertainment, or public transportation;  (C) Which is customarily used for overnight accommodation of persons whether or not a person is actually present. Each unit of a structure divided into separate units designed for occupancy is itself an occupied structure; or  (D) Which has not yet been constructed or completed but for which a building permit, where applicable, has been issued and is valid on the date the application for the permit to construct and operate a commercial medical waste incineration facility is filed; and    (5) “Person” means any individual or legal entity.
AR Code § 8-6-1303 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 6 - Disposal of Solid Wastes and Other Refuse|Subchapter 13 - Commercial Medical Waste Incineration Facilities|§ 8-6-1303. Construction

 (a) Nothing in this subchapter shall be construed to affect the authority of cities and counties to enact zoning regulations or procedures that control the location of medical waste facilities or sites.  (b) This subchapter shall be liberally construed so as to achieve remedial intent.
AR Code § 8-6-1304 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 6 - Disposal of Solid Wastes and Other Refuse|Subchapter 13 - Commercial Medical Waste Incineration Facilities|§ 8-6-1304. Applicability

 (a) This subchapter shall not apply to medical waste incineration facilities constructed and operating before March 20, 1992, or to medical waste incineration facilities operated by healthcare facilities for the purpose of disposing of medical waste.  (b) This subchapter shall not apply to permits for renovations to medical waste incineration facilities constructed and operating before March 20, 1992, either through modification or additional construction, provided that such renovations are for the purpose of:  (1) Complying with the rules or regulations or standards imposed by local, state, or United States Government agencies; or  (2) Adding additional waste disposal capacity to a medical waste incineration facility constructed and operating before March 20, 1992.    (c)  (1) The requirements of this subchapter shall apply to any commercial medical waste incineration facility that has not initiated operation prior to March 1, 1995.  (2) For the purposes of construing this subsection and the application of this subchapter, initiation of operations has not occurred until the Division of Environmental Quality has approved the installation of all permitted pollution control equipment and the commercial medical waste incineration facility is receiving medical waste for incineration.
AR Code § 8-6-1306 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 6 - Disposal of Solid Wastes and Other Refuse|Subchapter 13 - Commercial Medical Waste Incineration Facilities|§ 8-6-1306. Permits — Limitations

 (a) No permits may be issued by the Division of Environmental Quality for the construction or operation of a commercial medical waste incineration facility in which any of the following factors are present:  (1) The location of the commercial medical waste incineration facility is within one (1) mile of any occupied structure;  (2) The location of the commercial medical waste incineration facility is within an active fault zone or an area of high earthquake potential;  (3) The location of the commercial medical waste incineration facility is within a regulatory floodway, as adopted by communities participating in the National Flood Insurance Program managed by the Federal Emergency Management Administration Commission; or  (4) The location of the commercial medical waste incineration facility is within wetland areas.    (b) Exceptions may be made to these requirements only by obtaining written permission from all real property owners and residents of any property adjacent to the site of the proposed commercial medical waste incineration facility.
AR Code § 8-6-1307 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 6 - Disposal of Solid Wastes and Other Refuse|Subchapter 13 - Commercial Medical Waste Incineration Facilities|§ 8-6-1307. Financial assurance guarantees

 (a)  (1) Prior to initiating operations at a commercial medical waste incineration facility, the owner or operator must demonstrate:  (A) Evidence of liability insurance in such amount as the Division of Environmental Quality may determine to be necessary for the protection of public health and safety and protection of the environment; and  (B) Evidence of financial responsibility in such form and amount as the division may determine to be necessary to ensure that, upon abandonment, cessation, or interruption of the operation of the commercial medical waste incineration facility, all appropriate measures can be taken to prevent present and future damage to the public health and safety and to the environment.    (2) In determining the adequacy of the evidence submitted, the division may consider credible evidence indicating that the permittee is undercapitalized, insolvent, or otherwise financially incapable of assuring environmentally sound operations at the permitted commercial medical waste incineration facility.    (b) In determining the nature of financial assurance guarantees required by subsection (a) of this section, the division and the permittee shall follow, to the extent applicable, the federal regulations governing financial assurance of facilities governed by Subtitle D of the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6941 et seq.
AR Code § 8-6-1401 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 6 - Disposal of Solid Wastes and Other Refuse|Subchapter 14 - Residential Use of Landfills|§ 8-6-1401. Purpose

 The purpose of this subchapter is to protect the public health and safety by requiring the Arkansas Pollution Control and Ecology Commission to establish standards and promulgate rules regarding the post-closure use of solid waste landfills and adjacent areas for residential purposes.
AR Code § 8-6-1402 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 6 - Disposal of Solid Wastes and Other Refuse|Subchapter 14 - Residential Use of Landfills|§ 8-6-1402. Powers and duties

 The Arkansas Pollution Control and Ecology Commission shall have the following powers and duties:   (1) To adopt rules to meet the purposes of this subchapter;  (2) To adopt specific design criteria on the post-closure of solid waste landfills to limit the types and kinds of uses of closed landfills to protect the safety of the environment and limit the possible exposure of the public to any harm; and  (3) To administer and enforce all laws and rules relating to this subchapter.
AR Code § 8-6-1403 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 6 - Disposal of Solid Wastes and Other Refuse|Subchapter 14 - Residential Use of Landfills|§ 8-6-1403. Rules

 The Arkansas Pollution Control and Ecology Commission shall adopt rules for specific criteria:   (1) To limit any person, partnership, company, corporation, or other entity from building, erecting, or constructing any house or building for residential purposes upon any land used as or which has been used as a solid waste landfill; and  (2) To identify those houses and other buildings located on any land used as or which has been used as a solid waste landfill and are currently being used for residential purposes and to limit their future use for residential purposes.
AR Code § 8-6-1404 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 6 - Disposal of Solid Wastes and Other Refuse|Subchapter 14 - Residential Use of Landfills|§ 8-6-1404. Land use

 (a) Six (6) months after August 13, 1993, it shall be unlawful for any person, partnership, company, corporation, or other entity to build, erect, or construct any house, home, or building to be used for residential purposes upon any land used as or which has been used as a solid waste landfill permitted under the Arkansas Solid Waste Management Act, § 8-6-201 et seq.  (b) On August 13, 1993, those houses, homes, and other buildings located on any land used as or which has been used as a solid waste landfill and which are currently being used for residential purposes shall be allowed to remain on that land and may be used for residential purposes.  (c)  (1) The prohibitions of this subchapter and any rules promulgated under this subchapter's authority shall be limited to application to the area of the land which was specifically used as a landfill for the placement and disposal of solid waste.  (2) The prohibitions of this subchapter and any rules promulgated under this subchapter's authority shall not apply to landfills or the land which was specifically used as a landfill more than twenty-five (25) years before August 13, 1993.
AR Code § 8-6-1405 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 6 - Disposal of Solid Wastes and Other Refuse|Subchapter 14 - Residential Use of Landfills|§ 8-6-1405. Violations

 Any person who violates the provisions of this subchapter shall be subject to the civil penalties prescribed in § 8-6-204.
AR Code § 8-6-1501 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 6 - Disposal of Solid Wastes and Other Refuse|Subchapter 15 - Siting High Impact Solid Waste Management Facilities|§ 8-6-1501. Legislative intent

 (a) Through extensive legislation since 1989, the State of Arkansas has made significant strides toward a comprehensive and regionalized approach to solid waste management. The General Assembly recognizes the need to develop viable facilities for managing and disposing of the state's solid waste. This subchapter should be construed as a complement to the state's overall regionalization strategy by encouraging an equitable and efficient dispersal of solid waste management facilities to serve the needs of all citizens.  (b) The General Assembly also acknowledges that, while solid waste management facilities are essential, certain types of solid waste management facilities impose specific burdens on the host community. National trends indicate a tendency to concentrate high impact solid waste disposal facilities in lower-income or minority communities. Such high impact solid waste disposal facilities may place an onus on the host community without any reciprocal benefits to local residents. The purpose of this subchapter is to prevent communities from becoming involuntary hosts to a proliferation of high impact solid waste management facilities.
AR Code § 8-6-1502 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 6 - Disposal of Solid Wastes and Other Refuse|Subchapter 15 - Siting High Impact Solid Waste Management Facilities|§ 8-6-1502. Definitions

 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.
AR Code § 8-6-1503 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 6 - Disposal of Solid Wastes and Other Refuse|Subchapter 15 - Siting High Impact Solid Waste Management Facilities|§ 8-6-1503. Division's permitting authority

 The Division of Environmental Quality shall not process any application for a permit subject to § 8-6-1504 until the affected local and regional authorities have issued definitive findings regarding the criteria set out in § 8-6-1504.
AR Code § 8-6-1504 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 6 - Disposal of Solid Wastes and Other Refuse|Subchapter 15 - Siting High Impact Solid Waste Management Facilities|§ 8-6-1504. Presumption against certain sites

 (a)  (1) There shall be a rebuttable presumption against permitting the construction or operation of any high impact solid waste management facility, as defined in this subchapter, within twelve (12) miles of any existing high impact solid waste management facility.  (2) This presumption shall be honored by the Division of Environmental Quality, the regional solid waste management board with jurisdiction over the site, and any other governmental entity with permitting or zoning authority concerning any facility.    (b) The presumption in subsection (a) of this section can be rebutted if any of the following is shown:  (1) That no other suitable site for such a high impact solid waste management facility is available within the regional solid waste management district because of the restraints of geology or any other factors listed at § 8-6-706(b)(2); or  (2)  (A) That incentives have prompted the host community to accept the siting of the high impact solid waste management facility.  (B) Such incentives may include, without limitation:  (i) Increased employment opportunities;  (ii) Reasonable host fees not to exceed the prevailing state average;  (iii) Contributions by the high impact solid waste management facility to the community infrastructure, e.g. road maintenance, park development, and litter control;  (iv) Compensation to adjacent individual landowners for any assessed decrease in property values; or  (v) Subsidization of community services.
AR Code § 8-6-1601 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 6 - Disposal of Solid Wastes and Other Refuse|Subchapter 16 - Financial Assurance|§ 8-6-1601. Purpose

 (a) The purpose of this subchapter is to establish the procedure for posting financial assurance for all permitted solid waste management facilities.  (b) The procedure for issuance of permits for solid waste management facilities shall be as provided in the rules adopted by the Arkansas Pollution Control and Ecology Commission under this subchapter or as otherwise provided by law.  (c)  (1) After an application to operate a solid waste management facility has been reviewed and approved but before a permit is issued, the applicant shall post with the Division of Environmental Quality, on forms prescribed by the division in accordance with the rules issued under this subchapter, a corporate surety bond for performance or an acceptable alternative, such as a certificate of deposit or letter of credit payable to the division and conditioned upon faithful performance of all requirements of this subchapter, the rules issued pursuant to this subchapter, and the permit, including, but not limited to, proper closure of the solid waste management facility.  (2) Liability under the bond shall be for the duration of the disposal operation and for that period required to properly close the solid waste management facility and for post-closure care, in accordance with the rules issued by the commission.
AR Code § 8-6-1604 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 6 - Disposal of Solid Wastes and Other Refuse|Subchapter 16 - Financial Assurance|§ 8-6-1604. Solid Waste Performance Bond Fund

 (a) A Solid Waste Performance Bond Fund is hereby established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State.  (b) In addition to any moneys appropriated by the General Assembly to the fund, there shall be deposited into the fund all forfeitures collected under this subchapter, United States Government moneys designated to enter the fund, any moneys received by the state as a gift or donation to the fund, and all interest earned upon moneys deposited into the fund.  (c) The fund shall be administered by the Division of Environmental Quality and will be used to accomplish remedial action, including closure of lands covered by performance bonds forfeited under this subchapter.  (d) Moneys received annually into the fund shall be used by the division for the administration of remedial actions performed as a result of this subchapter.
AR Code § 8-6-1701 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 6 - Disposal of Solid Wastes and Other Refuse|Subchapter 17 - Open Burning of Residential Yard Waste|§ 8-6-1701. Definitions

 As used in this subchapter:   (1) “Open burning” means the incineration or combustion of waste materials as a method of disposal without any means to control the fuel/air ratio. None of the activities exempted from rules as air pollution in § 8-4-305 or in rules adopted by the Arkansas Pollution Control and Ecology Commission shall constitute “open burning”, provided such activities do not cause a fire or safety hazard; and  (2) “Yard waste” means grass clippings, leaves, and shrubbery trimmings collected from residential property.
AR Code § 8-6-1702 (2020)
2020 Arkansas Code|Title 8 - Environmental Law|Chapter 6 - Disposal of Solid Wastes and Other Refuse|Subchapter 17 - Open Burning of Residential Yard Waste|§ 8-6-1702. State policy concerning disposal of yard waste

 It is the policy of this state that the open burning of residential yard waste should be discouraged and that alternative methods of yard waste disposal should be developed and made readily available to all citizens. In enforcement of this policy, the state and local governments should first pursue educational and voluntary compliance efforts, with punitive sanctions reserved as the last resort to address instances of localized nuisances, fire and safety hazards, or refusal to obey reasonable demands to cease open burning when alternative disposal methods are available.