Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 9 - RECYCLING (§§ 8-9-101 — 8-9-808) › Subchapter 4 - USED TIRE RECYCLING AND ACCOUNTABILITY ACT (§§ 8-9-401 — 8-9-415) › Section 8-9-415 - Permitting, licensing, inspections, procedures, enforcement, and penalties

(a)
A person who receives funding under this subchapter, tire collection centers, tire retailers, tire processing facilities, tire transporters, tire generators, commercial generators, used tires regulated under this subchapter, and waste tire sites are subject to:
(1)
All provisions in §
8-1-101
et seq., §
8-1-201
et seq., §
8-1-301
et seq., §
8-4-101
et seq., and §
8-4-201
et seq., concerning permits, licensing, inspections, and procedures;
(2)
Sections
8-6-204
,
8-6-205
,
8-6-207(a)(6)
, and
8-9-105
concerning penalties and enforcement; and
(3)
All applicable rules promulgated by the Arkansas Pollution Control and Ecology Commission.
(b)
A used tire program is subject to penalties and enforcement under this subchapter for noncompliance with this subchapter to include without limitation:
(1)
Failure to use the electronic uniform used tire manifest system;
(2)
Failure to submit accurate information to the electronic uniform used tire manifest system;
(3)
Failure to submit an approved business plan on or before July 1, 2018;
(4)
Failure to submit a revised business plan as required under §
8-9-408(c)
;
(5)
Failure to submit an approved revised business plan within three (3) months after submission; or
(6)
Failure to provide documentation or reports required to be filed with the Division of Environmental Quality under this subchapter.
(c)
(1)
If a used tire program fails to submit a business plan that is approved by the Arkansas Department of Environmental Quality or the division on or before July 1, 2018, the used tire program and all regional solid waste management boards included in the used tire program on July 1, 2018, are:
(A)
Ineligible to receive funding under this subchapter and from the Used Tire Recycling Fund;
(B)
Prohibited from administering and operating a used tire program; and
(C)
Prohibited from imposing any fees to support the administration and operation of a used tire program.
(2)
(A)
The division may designate a qualified entity to perform the duties related to the operation and administration of a used tire program deemed ineligible under subdivision (c)(1) of this section.
(B)
A qualified entity that is designated to perform the duties related to the operation and administration of a used tire program under this subsection shall operate the used tire program in compliance with this subchapter.
(C)
If the qualified entity performs the duties related to the operation and administration of the used tire program in compliance with this subchapter, the qualified entity is eligible to receive funding under this subchapter and from the fund.
(d)
In addition to any other penalty provided by law, a tire processing facility permit or a tire collection center permit shall be suspended or revoked for noncompliance with this subchapter.
Amended by Act 2019, No. 315,§ 692, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 2891, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 2890, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 2889, eff. 7/1/2019.
Added by Act 2017, No. 317,§ 1, eff. 8/1/2017.