reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 6 - DISPOSAL OF SOLID WASTES AND OTHER REFUSE (§§ 8-6-201 — 8-6-2019) › Subchapter 8 - BONDS BY REGIONAL SOLID WASTE MANAGEMENT DISTRICTS (§§ 8-6-801 — 8-6-814) › Section 8-6-809 - Pledge of rates, fees, and charges

(a)
If the regional solid waste management board pledges rates, fees, and charges, then for as long as any bonds are outstanding and unpaid, the rates, fees, and charges shall be so fixed by the regional solid waste management district as to provide revenues sufficient:
(1)
To pay all costs of and charges and expenses in connection with the proper operation and maintenance of its projects, and all necessary repairs, replacements, or renewals thereof;
(2)
To pay when due the principal of, premium, if any, and interest on all bonds, including bonds subsequently issued for additional projects, payable from the revenues;
(3)
To create and maintain reserves as may be required by any resolution or trust indenture authorizing or securing bonds; and
(4)
To pay any and all amounts which the district may be obligated to pay from project revenues by law or contract.
(b)
(1)
Any pledge made by a district pursuant to this subchapter shall be valid and binding from the date the pledge is made.
(2)
(A)
The revenues so pledged and then held or thereafter received by the district or any fiduciary on its behalf shall immediately be subject to the lien of the pledge without any physical delivery thereof or further act.
(B)
The lien of the pledge shall be valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the district without regard to whether such parties have notice thereof.
(c)
The resolution, trust indenture, or other instrument by which a pledge is created need not be filed or recorded in any manner.
Acts 1991, No. 752, § 4.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 6 - DISPOSAL OF SOLID WASTES AND OTHER REFUSE (§§ 8-6-201 — 8-6-2019) › Subchapter 8 - BONDS BY REGIONAL SOLID WASTE MANAGEMENT DISTRICTS (§§ 8-6-801 — 8-6-814) › Section 8-6-810 - Rights of bondholders

Any holder or registered owner of bonds or coupons pertaining to the bonds, except to the extent the rights given in this subchapter may be restricted by the resolution or trust indenture authorizing or securing the bonds and coupons, may, either at law or in equity, by suit, action, mandamus, or other proceeding protect and enforce any and all rights under the laws of the state or granted under this subchapter or, to the extent permitted by law, under the resolution or trust indenture authorizing or securing the bonds or under any agreement or other contract executed by a regional solid waste management district pursuant to this subchapter, and may enforce and compel the performance of all duties required by this subchapter or by the resolution or trust indenture to be performed by any district, or by any officer of the foregoing, including the fixing, charging, and collecting of rates, fees, and charges.
Acts 1991, No. 752, § 4.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 6 - DISPOSAL OF SOLID WASTES AND OTHER REFUSE (§§ 8-6-201 — 8-6-2019) › Subchapter 8 - BONDS BY REGIONAL SOLID WASTE MANAGEMENT DISTRICTS (§§ 8-6-801 — 8-6-814) › Section 8-6-811 - Bonds - Tax exemption

Bonds issued under the provisions of this subchapter and the interest thereon shall be exempt from all state, county, and municipal taxes, including property, income, inheritance, and estate taxes. Provided, however, that nothing in this subchapter shall preclude a regional solid waste management district from requesting the Arkansas Development Finance Authority to issue taxable bonds in furtherance of the purposes of this subchapter, on such terms as the district and the authority deem advisable and in conformity with the authority's statutory authority for issuance of such taxable bonds.
Acts 1991, No. 752, § 4.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 6 - DISPOSAL OF SOLID WASTES AND OTHER REFUSE (§§ 8-6-201 — 8-6-2019) › Subchapter 8 - BONDS BY REGIONAL SOLID WASTE MANAGEMENT DISTRICTS (§§ 8-6-801 — 8-6-814) › Section 8-6-812 - Tax-exempt status of property and income of district

All properties at any time owned by the regional solid waste management district and the income therefrom shall be exempt from all taxation in the State of Arkansas.
Acts 1991, No. 752, § 4.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 6 - DISPOSAL OF SOLID WASTES AND OTHER REFUSE (§§ 8-6-201 — 8-6-2019) › Subchapter 8 - BONDS BY REGIONAL SOLID WASTE MANAGEMENT DISTRICTS (§§ 8-6-801 — 8-6-814) › Section 8-6-813 - Investment of public funds in bonds

(a)
Any municipality or any board, commission, or other authority established by ordinance of any municipality or the boards of trustees, respectively, of the firemen's relief and pension fund and the policemen's pension and relief fund of any municipality or the board of trustees of any retirement system created by the General Assembly may, in its discretion, invest any of its funds not immediately needed for its purposes in bonds issued under the provisions of this subchapter.
(b)
Bonds issued under the provisions of this subchapter shall be eligible to secure the deposit of public funds.
Acts 1991, No. 752, § 4.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 6 - DISPOSAL OF SOLID WASTES AND OTHER REFUSE (§§ 8-6-201 — 8-6-2019) › Subchapter 8 - BONDS BY REGIONAL SOLID WASTE MANAGEMENT DISTRICTS (§§ 8-6-801 — 8-6-814) › Section 8-6-814 - Transfer of facilities to district by county or municipality

Any municipality or county may acquire facilities for a project, or any portion thereof, including a project site, by gift, purchase, lease, or condemnation, and may transfer the facilities to the regional solid waste management district by sale, lease, or gift. The transfer may be authorized by ordinance of the governing body without regard to the requirements, restrictions, limitations, or other provisions contained in any other law.
Acts 1991, No. 752, § 4.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 6 - DISPOSAL OF SOLID WASTES AND OTHER REFUSE (§§ 8-6-201 — 8-6-2019) › Subchapter 9 - LICENSING OF OPERATORS OF SOLID WASTE MANAGEMENT FACILITIES (§§ 8-6-901 — 8-6-909) › Section 8-6-902 - Penalties - Procedures

(a)
Any person who violates any provision of this subchapter or of any rule or order issued pursuant thereto, shall be subject to the same penalty and enforcement provisions as are contained in the Arkansas Solid Waste Management Act, §
8-6-201
et seq.
(b)
Except as otherwise provided in this subchapter, the procedure of the Arkansas Pollution Control and Ecology Commission for issuance of rules, conduct of hearings, notice, power of subpoena, review of action on permits, right of appeal, presumptions, finality of actions, and related matters shall be as provided in §§
8-4-101
-
8-4-106
and
8-4-201
-
8-4-230
of the Arkansas Water and Air Pollution Control Act, §
8-4-101
et seq., including, without limitation, §§
8-4-205
,
8-4-210
,
8-4-212
-
8-4-214
, and
8-4-218
-
8-4-229
.
(c)
All rules adopted under this subchapter shall be reviewed by 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.
Amended by Act 2019, No. 315,§ 559, eff. 7/24/2019.
Acts 1991, No. 750, § 1; 1995, No. 165, § 1; 1995, No. 193, § 1; 1997, No. 179, § 5.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 6 - DISPOSAL OF SOLID WASTES AND OTHER REFUSE (§§ 8-6-201 — 8-6-2019) › Subchapter 9 - LICENSING OF OPERATORS OF SOLID WASTE MANAGEMENT FACILITIES (§§ 8-6-901 — 8-6-909) › Section 8-6-903 - Licenses required

(a)
It shall be illegal for any county, municipality, governmental subdivision, public or private corporation, or other person to operate a solid waste management facility unless the competency of the operator is duly licensed by the Director of the Division of Environmental Quality under the provisions of this subchapter.
(b)
It shall further be illegal for any person to perform the duties of an operator of any such solid waste management facility without being duly licensed under this subchapter.
(c)
(1)
With the advice and assistance of the licensing committee, the director may grant a written waiver from the requirements of this subchapter.
(2)
The director may withdraw a written waiver under subdivision (c)(1) of this section for just cause by written notice to the county, municipality, governmental subdivision, public or private corporation, or other person to whom the written waiver was granted.
Amended by Act 2019, No. 910,§ 2663, eff. 7/1/2019.
Amended by Act 2015, No. 937,§ 1, eff. 7/22/2015.
Acts 1991, No. 750, § 1; 1995, No. 165, § 1; 1995, No. 193, § 1.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 6 - DISPOSAL OF SOLID WASTES AND OTHER REFUSE (§§ 8-6-201 — 8-6-2019) › Subchapter 9 - LICENSING OF OPERATORS OF SOLID WASTE MANAGEMENT FACILITIES (§§ 8-6-901 — 8-6-909) › Section 8-6-905 - Powers and duties

(a)
The Arkansas Pollution Control and Ecology Commission, with the advice and assistance of the licensing committee, is given and charged with the power and duty to adopt rules implementing and effectuating such powers and duties of the Division of Environmental Quality and the committee under this subchapter as may be necessary for the administration and enforcement of this subchapter.
(b)
The division is charged with the responsibility of administering and enforcing this subchapter, with the advice and assistance of the committee, and is given and charged with the following powers and duties:
(1)
(A)
To conduct examinations for licensing, which shall be held at least annually and more frequently as the commission shall deem necessary.
(B)
This duty may be delegated by the division to the administrator of any approved course;
(2)
To issue licenses to qualified solid waste management facility operators, to renew those licenses, to suspend or revoke the licenses for cause after due notice and opportunity for hearing, to issue one-year apprenticeship licenses to operators-in-training, and to issue provisional certificates; and
(3)
To initiate enforcement actions or institute court proceedings, or both, to compel compliance with the provisions of this subchapter and rules issued under this subchapter.
(c)
The committee shall:
(1)
Conduct inquiries and establish findings necessary to advise the commission and the division on irregularities encountered in the management of the licensing program;
(2)
Conduct inquiries and establish facts necessary to advise the commission and the division on the actions of licensees; and
(3)
Recommend administrative sanctions, including, but not limited to, the suspension and revocation of licenses as necessary to promote the professional integrity of solid waste licensees.
Amended by Act 2019, No. 315,§ 561, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 560, eff. 7/24/2019.
Amended by Act 2019, No. 1067,§ 10, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 2670, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 2669, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 2668, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 2667, eff. 7/1/2019.
Acts 1991, No. 750, § 1; 1995, No. 165, § 1; 1995, No. 193, § 1; 1997, No. 1207, § 4; 1997, No. 1254, § 3; 2005, No. 728, § 3.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 6 - DISPOSAL OF SOLID WASTES AND OTHER REFUSE (§§ 8-6-201 — 8-6-2019) › Subchapter 9 - LICENSING OF OPERATORS OF SOLID WASTE MANAGEMENT FACILITIES (§§ 8-6-901 — 8-6-909) › Section 8-6-906 - Classification of licenses

(a)
The Arkansas Pollution Control and Ecology Commission shall classify solid waste management facility operator licenses, taking into account the type and complexity of the solid waste management facility, the character and volume of waste managed, the skill, knowledge, and experience reasonably required to successfully operate the solid waste management facility, and such other factors as the commission shall deem appropriate.
(b)
The Director of the Division of Environmental Quality, with the advice and assistance of the licensing committee, shall license persons according to their qualifications to successfully operate solid waste management facilities within the classifications established and effectuated by rules promulgated by the commission.
Amended by Act 2019, No. 315,§ 562, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 2671, eff. 7/1/2019.
Acts 1991, No. 750, § 1; 1995, No. 165, § 1; 1995, No. 193, § 1.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 6 - DISPOSAL OF SOLID WASTES AND OTHER REFUSE (§§ 8-6-201 — 8-6-2019) › Subchapter 9 - LICENSING OF OPERATORS OF SOLID WASTE MANAGEMENT FACILITIES (§§ 8-6-901 — 8-6-909) › Section 8-6-907 - Licensing

All operators in responsible charge of public and private solid waste management facilities shall be duly licensed and certified as competent by the Director of the Division of Environmental Quality under the provisions of this subchapter and under such rules as the Arkansas Pollution Control and Ecology Commission may adopt, with the advice and assistance of the licensing committee, pursuant to the authority of this subchapter.
Amended by Act 2019, No. 315,§ 563, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 2672, eff. 7/1/2019.
Acts 1991, No. 750, § 1; 1995, No. 165, § 1; 1995, No. 193, § 1.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 6 - DISPOSAL OF SOLID WASTES AND OTHER REFUSE (§§ 8-6-201 — 8-6-2019) › Subchapter 9 - LICENSING OF OPERATORS OF SOLID WASTE MANAGEMENT FACILITIES (§§ 8-6-901 — 8-6-909) › Section 8-6-908 - Licensing - Eligibility - Reciprocity

(a)
(1)
The Director of the Division of Environmental Quality shall license and certify all applicants for licenses under this subchapter who satisfy the requirements of this subchapter and the rules issued pursuant thereto.
(2)
Licenses shall be granted according to the classifications of operator licenses established in the rules promulgated by the Arkansas Pollution Control and Ecology Commission.
(3)
Licenses shall be valid for a period of two (2) years and shall be renewable upon application if the applicant meets the renewal requirements established by commission rule. Provisional certificates shall be for a period of one (1) year, but may be extended if the director determines there is sufficient justification.
(b)
All operators of solid waste management facilities within the state shall apply to the Division of Environmental Quality for a license.
(c)
The director may, at his or her discretion, waive the requirements or any part of the requirements for formal examination of an applicant for a license if the applicant holds a substantially equivalent solid waste management facility operator's license issued by another state, territory, or district of the United States in accordance with the Arkansas Occupational Licensing of Uniformed Service Members, Veterans, and Spouses Act of 2021, §
17-4-101
et seq.
(d)
The director shall issue an apprenticeship license to operators-in-training as established under this subchapter and in rules promulgated by the commission.
(e)
The director may issue, at his or her discretion, a provisional certificate to any operator for just cause as established under this subchapter and in rules promulgated by the commission.
Amended by Act 2023, No. 110,§ 1, eff. 8/1/2023.
Amended by Act 2021, No. 773,§ 4, eff. 7/28/2021.
Amended by Act 2021, No. 773,§ 3, eff. 7/28/2021.
Amended by Act 2019, No. 315,§ 565, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 564, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 2674, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 2673, eff. 7/1/2019.
Acts 1991, No. 750, § 1; 1995, No. 165, § 1; 1995, No. 193, § 1; 1997, No. 1254, § 4.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 6 - DISPOSAL OF SOLID WASTES AND OTHER REFUSE (§§ 8-6-201 — 8-6-2019) › Subchapter 9 - LICENSING OF OPERATORS OF SOLID WASTE MANAGEMENT FACILITIES (§§ 8-6-901 — 8-6-909) › Section 8-6-909 - Fees

(a)
The Arkansas Pollution Control and Ecology Commission shall have the authority to set fees in an amount to cover the cost of the administration of this subchapter. These fees to be assessed per classification of certification shall not exceed fifty dollars ($50.00) for the initial cost of a testing application and license, fifty dollars ($50.00) for the cost of reciprocity review and license, twenty-five dollars ($25.00) annually to be paid on a biennial basis at the time of license renewal, twenty-five dollars ($25.00) for provisional certificates, and a penalty of ten dollars ($10.00) for late renewal.
(b)
All of the fees shall be deposited into the Division of Environmental Quality Fee Trust Fund, as established in §
8-1-105
.
Amended by Act 2021, No. 773,§ 5, eff. 7/28/2021.
Amended by Act 2019, No. 910,§ 2675, eff. 7/1/2019.
Acts 1991, No. 750, § 1; 1995, No. 165, § 1; 1995, No. 193, § 1; 1997, No. 1254, § 5; 1999, No. 1164, § 76.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 6 - DISPOSAL OF SOLID WASTES AND OTHER REFUSE (§§ 8-6-201 — 8-6-2019) › Subchapter 10 - LANDFILL POST-CLOSURE TRUST FUND (§§ 8-6-1001 — 8-6-1007) › Section 8-6-1001 - Definitions

As used in this subchapter, unless the context otherwise requires:
(1)
"Commission" means the Arkansas Pollution Control and Ecology Commission;
(2)
"Landfill" means a landfill permitted under the Arkansas Solid Waste Management Act, §
8-6-201
et seq., except a landfill where a private industry bears the expense of operating and maintaining the landfill solely for the disposal of wastes generated by the industry or wastes of a similar kind or character;
(3)
"Permittee" means any person holding a solid waste disposal permit as provided in the Arkansas Solid Waste Management Act, §
8-6-201
et seq.;
(4)
"Post-closure corrective action" means any measures deemed necessary by the Director of the Division of Environmental Quality to prevent or abate contamination of the environment from any landfill which has been certified as properly closed by the Division of Environmental Quality;
(5)
"Solid waste" means any garbage or refuse, sludge from a wastewater treatment plant, water supply treatment plant, or air pollution control facility, and other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations, and from community activities, but does not include solid or dissolved materials in domestic sewage or solid or dissolved materials in irrigation return flows or industrial discharges that are point sources subject to permit under
33 U.S.C. § 1342
or source material, special nuclear material, or by-product material as defined by the Atomic Energy Act of 1954, Pub. L. No. 83-703;
(6)
"Solid waste disposal permit" means a permit issued by the State of Arkansas under the provisions of the Arkansas Solid Waste Management Act, §
8-6-201
et seq., for the construction and operation of a landfill waste disposal facility; and
(7)
"Transporter" or "solid waste transporter" means any individual, corporation, company, firm, partnership, association, trust, local solid waste authority, institution, county, city, town, or municipal authority or trust, venture, or other legal entity transporting solid waste within the state that is to be disposed of outside of the state.
Amended by Act 2019, No. 910,§ 2677, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 2676, eff. 7/1/2019.
Acts 1991, No. 747, § 1; 1993, No. 1127, § 2; 1995, No. 511, § 3; 1999, No. 1164, § 77.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 6 - DISPOSAL OF SOLID WASTES AND OTHER REFUSE (§§ 8-6-201 — 8-6-2019) › Subchapter 10 - LANDFILL POST-CLOSURE TRUST FUND (§§ 8-6-1001 — 8-6-1007) › Section 8-6-1003 - Landfill disposal fees

(a)
(1)
In addition to any other fee provided by law, there is imposed on each landfill permittee a landfill disposal fee of fifteen cents (15¢) for each uncompacted cubic yard of solid waste and thirty cents (30¢) 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 ($1.00) for each one (1) ton (2,000 lbs.) of solid waste received at the landfill.
(b)
The landfill permittee referenced in subsection (a) of this section shall use the weight basis in determining the fee for the disposal or transportation of ash.
(c)
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.
Acts 1991, No. 747, § 1; 1993, No. 1127, § 2; 1997, No. 374, § 1; 2001, No. 217, § 3; 2009, No. 189, § 5.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 6 - DISPOSAL OF SOLID WASTES AND OTHER REFUSE (§§ 8-6-201 — 8-6-2019) › Subchapter 10 - LANDFILL POST-CLOSURE TRUST FUND (§§ 8-6-1001 — 8-6-1007) › Section 8-6-1004 - Collection of fees

Fees imposed pursuant to the provisions of this subchapter shall be collected as follows:
(1)
Each landfill permittee and each solid waste transporter shall submit to the Division of Environmental Quality on or before January 15, April 15, July 15, and October 15 of each year a quarterly report which accurately states the total weight or volume of solid waste received at the landfill or transported out of state during the previous quarter;
(2)
On or before January 15, April 15, July 15, and October 15 of each year, each landfill permittee and solid waste transporter shall pay to the division the full amount of such disposal fees due for the previous quarter; and
(3)
The disposal and transportation fees collected pursuant to this section shall be special revenues and shall be deposited into the State Treasury to the credit of the Landfill Post-Closure Trust Fund.
Amended by Act 2019, No. 910,§ 2681, eff. 7/1/2019.
Acts 1991, No. 747, § 1; 1993, No. 1127, § 2; 1995, No. 511, § 5.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 6 - DISPOSAL OF SOLID WASTES AND OTHER REFUSE (§§ 8-6-201 — 8-6-2019) › Subchapter 10 - LANDFILL POST-CLOSURE TRUST FUND (§§ 8-6-1001 — 8-6-1007) › Section 8-6-1005 - Penalties

Failure of the permittee or solid waste transporter to pay the fees assessed by the Division of Environmental Quality shall provide grounds for administrative or civil enforcement action. Sanctions may include civil penalties as provided in the Arkansas Solid Waste Management Act, §
8-6-201
et seq., or the revocation of the solid waste disposal or solid waste transporter permit.
Amended by Act 2019, No. 910,§ 2682, eff. 7/1/2019.
Acts 1991, No. 747, § 1; 1993, No. 1127, § 2.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 6 - DISPOSAL OF SOLID WASTES AND OTHER REFUSE (§§ 8-6-201 — 8-6-2019) › Subchapter 10 - LANDFILL POST-CLOSURE TRUST FUND (§§ 8-6-1001 — 8-6-1007) › Section 8-6-1006 - Findings

The General Assembly finds that:
(1)
A growing number of regional solid waste management districts within the state are facing difficulty in funding the necessary costs of post-closure care of landfills owned by the districts; and
(2)
Without post-closure care of landfills, irreparable harm to human health and the environment will occur.
Added by Act 2023, No. 570,§ 48, eff. 7/1/2023.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 6 - DISPOSAL OF SOLID WASTES AND OTHER REFUSE (§§ 8-6-201 — 8-6-2019) › Subchapter 10 - LANDFILL POST-CLOSURE TRUST FUND (§§ 8-6-1001 — 8-6-1007) › Section 8-6-1007 - Moneys used for landfill remediation or closure

A landfill of any class that receives moneys from the Division of Environmental Quality from the Landfill Post-Closure Trust Fund for remediation or closure shall remain closed and unavailable to receive solid waste until the following conditions are met:
(1)
Full reimbursement to the fund of moneys received by the landfill for remediation or closure;
(2)
Approval for a new certificate of need for the landfill from the regional solid waste management board; and
(3)
At least one (1) public hearing for public input concerning the opening of the landfill held by the regional solid waste management district.
Added by Act 2023, No. 833,§ 1, eff. 4/13/2023.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 6 - DISPOSAL OF SOLID WASTES AND OTHER REFUSE (§§ 8-6-201 — 8-6-2019) › Subchapter 11 - LANDFILL SERVICE AREAS (§§ 8-6-1101 — 8-6-1105) › Section 8-6-1101 - Findings

The General Assembly makes the following findings:
(1)
As of July 30, 1990, the landfill capacity in Arkansas stood at about four and three-tenths (4.3) years of landfill life for sixty-three (63) municipal solid waste landfills;
(2)
The present landfill capacity in the State of Arkansas is inadequate, and a landfill capacity of at least ten (10) years should be developed for solid waste generated in this state in order to provide sufficient protection for the public health, welfare, and safety and to provide for the future development of the state;
(3)
Adequate solid waste management planning has not been possible because of the lack of accurate statistics on industrial waste generation, landfill capacity, and use;
(4)
Legislation has been introduced in this session of the General Assembly to:
(A)
Require better reporting by industries using landfills;
(B)
Assist the development of adequate landfill capacity through regional funding and grants; and
(C)
Lengthen the usable life of existing landfills through recycling; and
(5)
Temporary restrictions on the disposal of out-of-district solid waste should be imposed for the purpose of:
(A)
Providing additional time for districts to obtain information necessary for regional planning;
(B)
Encouraging districts to develop regional solid waste management solutions; and
(C)
Developing a statewide and district landfill capacity of at least ten (10) years.
Acts 1991, No. 319, § 1.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 6 - DISPOSAL OF SOLID WASTES AND OTHER REFUSE (§§ 8-6-201 — 8-6-2019) › Subchapter 11 - LANDFILL SERVICE AREAS (§§ 8-6-1101 — 8-6-1105) › Section 8-6-1102 - Purpose - Construction

(a)
As directed by Acts 1989, No. 870, the Arkansas Solid Waste Fact Finding Task Force [expired] has presented its findings and proposals. The task force report identifies serious and chronic deficiencies in how solid waste is managed in this state. The report is accompanied by legislative proposals which reaffirm the state's commitment to regional solid waste management embodied in Acts 1989, No. 870, and aim, through extensive revision of current law, to make regionalization a reality. The report and the task force's legislative proposals demonstrate that the state does not have sufficient understanding or control of the overall solid waste stream to realize its goal of regional solid waste management, much less a responsible recycling and source reduction program. These goals cannot be attained if the waste streams assigned to the respective regional solid waste planning districts continue to change during the crucial planning and development stages.
(b)
Federal law,
42 U.S.C. § 6941
et seq., has placed the burden of implementing regional solid waste management strategies upon the states. To this end, the General Assembly has embarked upon the difficult task of addressing the complex solid waste needs of the state on a regional basis. After giving due regard to all of the contingencies and exigencies inherent in planning a regional solid waste strategy, and after accommodating existing business expectations based upon waste streams originating from outside the Acts 1989, No. 870, regional solid waste planning districts, the General Assembly hereby enacts the following emergency measure as an essential component of its efforts to reform solid waste management in Arkansas.
(c)
This subchapter should be given a liberal construction so as to effectuate its remedial intent.
Acts 1991, No. 319, § 2.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 6 - DISPOSAL OF SOLID WASTES AND OTHER REFUSE (§§ 8-6-201 — 8-6-2019) › Subchapter 11 - LANDFILL SERVICE AREAS (§§ 8-6-1101 — 8-6-1105) › Section 8-6-1103 - Definitions

As used in this subchapter:
(1)
"Board" means a regional solid waste management board established pursuant to §
8-6-701
et seq., or a successor board to the powers of the board;
(2)
"Commission" means the Arkansas Pollution Control and Ecology Commission;
(3)
"District" means a regional solid waste management district as established by §
8-6-701
et seq., or a successor district of a regional solid waste management district;
(4)
"Landfill" means a permitted landfill under the Arkansas Solid Waste Management Act, §
8-6-201
et seq.; and
(5)
"Solid waste" means the same as provided by §
8-6-702
.
Amended by Act 2019, No. 910,§ 2683, eff. 7/1/2019.
Acts 1991, No. 319, § 3; 1999, No. 1164, § 78.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 6 - DISPOSAL OF SOLID WASTES AND OTHER REFUSE (§§ 8-6-201 — 8-6-2019) › Subchapter 11 - LANDFILL SERVICE AREAS (§§ 8-6-1101 — 8-6-1105) › Section 8-6-1104 - Transportation of solid waste outside district

In any instance in which a landfill has a useful life of less than one and one-half (1½) years, the Director of the Division of Environmental Quality may authorize any city utilizing that landfill to transport solid waste outside the boundaries of the regional solid waste management district. Provided, however, in no instance shall that authority be extended after a landfill with a useful life in excess of one and one-half (1½) years becomes available within the district for accepting the solid waste of the city.
Amended by Act 2019, No. 910,§ 2684, eff. 7/1/2019.
Acts 1991, No. 319, § 5; 1999, No. 1164, § 79.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 6 - DISPOSAL OF SOLID WASTES AND OTHER REFUSE (§§ 8-6-201 — 8-6-2019) › Subchapter 12 - DISPOSAL OF INCINERATOR ASH AND PETROLEUM-CONTAMINATED SOILS (§§ 8-6-1201 — 8-6-1207) › Section 8-6-1201 - Legislative intent

The purpose of this subchapter is to protect the public health and the state's environmental quality by establishing standards and promulgating rules by the Arkansas Pollution Control and Ecology Commission for the disposal of potentially harmful materials, specifically incinerator ash and petroleum-contaminated soils in a permitted landfill.
Amended by Act 2019, No. 315,§ 570, eff. 7/24/2019.
Acts 1991, No. 1183, § 1.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 6 - DISPOSAL OF SOLID WASTES AND OTHER REFUSE (§§ 8-6-201 — 8-6-2019) › Subchapter 12 - DISPOSAL OF INCINERATOR ASH AND PETROLEUM-CONTAMINATED SOILS (§§ 8-6-1201 — 8-6-1207) › Section 8-6-1202 - Exceptions

The provisions of this subchapter shall not apply to persons who produce incinerator ash with an input capacity of twelve (12) tons of materials or less per day or to a manufacturing facility which utilizes solid waste generated on the premises of that manufacturing facility in incinerators, boilers, or industrial furnaces.
Acts 1991, No. 1183, § 4; 1992 (1st Ex. Sess.), No. 48, § 1.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 6 - DISPOSAL OF SOLID WASTES AND OTHER REFUSE (§§ 8-6-201 — 8-6-2019) › Subchapter 12 - DISPOSAL OF INCINERATOR ASH AND PETROLEUM-CONTAMINATED SOILS (§§ 8-6-1201 — 8-6-1207) › Section 8-6-1203 - Definitions

As used in this subchapter, unless the context otherwise requires:
(1)
"Incinerator ash" means any tangible residue resulting from the incineration of solid waste;
(2)
"Monofill" means a waste disposal facility specifically designed for the sole disposal of incinerator ash;
(3)
"Person" means any state agency, municipality, governmental subdivision of the state or the United States, public or private corporation, individual, partnership, association, or other entity; and
(4)
"Petroleum-contaminated soils" means those soils which have been physically, chemically, or biologically altered by gasoline, diesel, kerosene, heating oil, jet fuel, or any other petroleum product.
Acts 1991, No. 1183, § 2.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 6 - DISPOSAL OF SOLID WASTES AND OTHER REFUSE (§§ 8-6-201 — 8-6-2019) › Subchapter 12 - DISPOSAL OF INCINERATOR ASH AND PETROLEUM-CONTAMINATED SOILS (§§ 8-6-1201 — 8-6-1207) › Section 8-6-1204 - 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 and operational criteria for the operation of a monofill;
(3)
To adopt criteria for the disposal of petroleum-contaminated soils in landfills; and
(4)
To administer and enforce all laws and rules relating to this subchapter.
Amended by Act 2019, No. 315,§ 572, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 571, eff. 7/24/2019.
Acts 1991, No. 1183, § 3.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 6 - DISPOSAL OF SOLID WASTES AND OTHER REFUSE (§§ 8-6-201 — 8-6-2019) › Subchapter 12 - DISPOSAL OF INCINERATOR ASH AND PETROLEUM-CONTAMINATED SOILS (§§ 8-6-1201 — 8-6-1207) › Section 8-6-1205 - Adoption of disposal criteria - Petroleum-contaminated soils

(a)
(1)
Within eighteen (18) months after the date of enactment of this subchapter, the Arkansas Pollution Control and Ecology Commission shall, after consultation with the Advisory Committee on Petroleum Storage Tanks, adopt criteria for the disposal of petroleum-contaminated soils in landfills that are permitted under the Arkansas Solid Waste Management Act, §
8-6-201
et seq.
(2)
In adopting such criteria, the commission shall follow the procedures applicable to the adoption of rules under §
8-4-202(a)
.
(b)
The criteria adopted by the commission shall:
(1)
Define the characteristics of the petroleum-contaminated soils that can be disposed of in permitted landfills;
(2)
Define the characteristics of landfills suitable for receipt of petroleum-contaminated soils;
(3)
Assure, to the extent practicable, that reasonable landfill capacity is available for disposal of petroleum-contaminated soils;
(4)
Consider the financial impact of such criteria on small businesses which need to dispose of petroleum-contaminated soils;
(5)
Consider whether affordable alternatives are available for the treatment or disposal of petroleum-contaminated soils; and
(6)
Be protective of public health and the environment.
(c)
The criteria adopted by the commission shall include a description of appropriate methods for collecting samples and conducting analyses of petroleum-contaminated soils that may be disposed of in permitted landfills to assure the representativeness of the soil mass.
Amended by Act 2019, No. 315,§ 573, eff. 7/24/2019.
Acts 1991, No. 1183, § 5.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 6 - DISPOSAL OF SOLID WASTES AND OTHER REFUSE (§§ 8-6-201 — 8-6-2019) › Subchapter 12 - DISPOSAL OF INCINERATOR ASH AND PETROLEUM-CONTAMINATED SOILS (§§ 8-6-1201 — 8-6-1207) › Section 8-6-1206 - Adoption of disposal criteria - Incinerator ash

(a)
(1)
On or before July 1, 1992, the Arkansas Pollution Control and Ecology Commission shall adopt criteria for the disposal of incinerator ash in landfills that are permitted under the Arkansas Solid Waste Management Act, §
8-6-201
et seq.
(2)
In adopting such criteria, the commission shall follow the procedures applicable to the adoption of rules under §
8-4-202(a)
.
(b)
The criteria adopted by the commission shall include, but not be limited to, the monofilling of incinerator ash.
(c)
(1)
The monofill requirement created under this subchapter does not apply if the owner or operator demonstrates to the Division of Environmental Quality that the incinerator ash to be disposed of in the Class 1 landfill is received from incinerators that only combust yard waste or other natural vegetative debris, including vegetative storm debris, tree trimmings, and land-clearing debris.
(2)
All other requirements adopted under this subchapter apply to the disposal of incinerator ash described in this subsection.
(3)
As used in this subsection, "other natural vegetative debris" does not include any solid waste that can be classified as industrial, commercial, or construction and demolition waste.
Amended by Act 2019, No. 315,§ 574, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 2688, eff. 7/1/2019.
Acts 1991, No. 1183, § 6; 1992 (1st Ex. Sess.), No. 48, § 2; 2011, No. 342, § 1.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 6 - DISPOSAL OF SOLID WASTES AND OTHER REFUSE (§§ 8-6-201 — 8-6-2019) › Subchapter 12 - DISPOSAL OF INCINERATOR ASH AND PETROLEUM-CONTAMINATED SOILS (§§ 8-6-1201 — 8-6-1207) › Section 8-6-1207 - Penalties

Any person who violates the provisions of this subchapter shall be subject to the civil penalties prescribed in §
8-6-204
.
Acts 1991, No. 1183, § 7.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 6 - DISPOSAL OF SOLID WASTES AND OTHER REFUSE (§§ 8-6-201 — 8-6-2019) › Subchapter 13 - COMMERCIAL MEDICAL WASTE INCINERATION FACILITIES (§§ 8-6-1301 — 8-6-1307) › Section 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)
"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
(3)
"Person" means any individual or legal entity.
Amended by Act 2019, No. 910,§ 2690, eff. 7/1/2019.
Acts 1992 (1st Ex. Sess.), No. 75, § 2; 1993, No. 491, § 1; 1993, No. 861, § 1; 1995, No. 496, § 7; 1999, No. 1164, § 82.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 6 - DISPOSAL OF SOLID WASTES AND OTHER REFUSE (§§ 8-6-201 — 8-6-2019) › Subchapter 13 - COMMERCIAL MEDICAL WASTE INCINERATION FACILITIES (§§ 8-6-1301 — 8-6-1307) › Section 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.
Acts 1992 (1st Ex. Sess.), No. 75, § 6; 1995, No. 496, § 1.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 6 - DISPOSAL OF SOLID WASTES AND OTHER REFUSE (§§ 8-6-201 — 8-6-2019) › Subchapter 13 - COMMERCIAL MEDICAL WASTE INCINERATION FACILITIES (§§ 8-6-1301 — 8-6-1307) › Section 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.
Amended by Act 2019, No. 315,§ 576, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 2691, eff. 7/1/2019.
Acts 1992 (1st Ex. Sess.), No. 75, § 7; 1995, No. 496, §§ 2, 3.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 6 - DISPOSAL OF SOLID WASTES AND OTHER REFUSE (§§ 8-6-201 — 8-6-2019) › Subchapter 13 - COMMERCIAL MEDICAL WASTE INCINERATION FACILITIES (§§ 8-6-1301 — 8-6-1307) › Section 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 Agency; 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.
Amended by Act 2019, No. 910,§ 2693, eff. 7/1/2019.
Acts 1992 (1st Ex. Sess.), No. 75, § 5.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 6 - DISPOSAL OF SOLID WASTES AND OTHER REFUSE (§§ 8-6-201 — 8-6-2019) › Subchapter 13 - COMMERCIAL MEDICAL WASTE INCINERATION FACILITIES (§§ 8-6-1301 — 8-6-1307) › Section 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.
Amended by Act 2019, No. 910,§ 2694, eff. 7/1/2019.
Acts 1995, No. 496, § 6.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 6 - DISPOSAL OF SOLID WASTES AND OTHER REFUSE (§§ 8-6-201 — 8-6-2019) › Subchapter 14 - RESIDENTIAL USE OF LANDFILLS (§§ 8-6-1401 — 8-6-1405) › Section 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.
Amended by Act 2019, No. 315,§ 578, eff. 7/24/2019.
Acts 1993, No. 718, § 1.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 6 - DISPOSAL OF SOLID WASTES AND OTHER REFUSE (§§ 8-6-201 — 8-6-2019) › Subchapter 14 - RESIDENTIAL USE OF LANDFILLS (§§ 8-6-1401 — 8-6-1405) › Section 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.
Amended by Act 2019, No. 315,§ 580, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 579, eff. 7/24/2019.
Acts 1993, No. 718, § 3.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 6 - DISPOSAL OF SOLID WASTES AND OTHER REFUSE (§§ 8-6-201 — 8-6-2019) › Subchapter 14 - RESIDENTIAL USE OF LANDFILLS (§§ 8-6-1401 — 8-6-1405) › Section 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.
Amended by Act 2019, No. 315,§ 581, eff. 7/24/2019.
Acts 1993, No. 718, § 3.