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 8-9-414 - Powers and duties of the Arkansas Pollution Control and Ecology Commission

(a)
The Arkansas Pollution Control and Ecology Commission shall promulgate rules to carry out the intent and purposes of this subchapter.
(b)
The rules shall:
(1)
(A)
Except as provided under subdivision (b)(1)(B) of this section, provide for the administration of permits for tire processing facilities, tire collection centers, commercial generators, and any other person or entity that collects, receives, processes, recycles, or disposes of used tires regulated under this subchapter with the maximum permit fee not to exceed two hundred fifty dollars ($250) annually.
(B)
The maximum permit fee under this subdivision (b)(1) shall not apply to tire transporters;
(2)
Establish standards for tire processing facilities, tire collection centers, tire transporters, and beneficial use projects;
(3)
Establish procedures for administering reimbursements to used tire programs under §
8-9-405
;
(4)
Unless otherwise provided by law, authorize the final disposition of waste tires at a permitted solid waste disposal facility if the waste tires have been cut into sufficiently small parts for proper disposal and in compliance with this subchapter and all other applicable provisions in this title;
(5)
Establish procedures for administering the electronic uniform used tire manifest system;
(6)
Establish accountability procedures for the sustainability of used tire programs operated under this subchapter; and
(7)
(A)
Establish the number of tires that each individual who is a resident of a regional solid waste management district may discard monthly without a fee.
(B)
The maximum number of tires under this subdivision (b)(7) shall not be more than four (4) tires per month.
(c)
The commission may:
(1)
Develop an alternative tire transporter licensing program to be administered by used tire programs, regional solid waste management boards, or both;
(2)
Promulgate rules that are necessary to administer the fees and reimbursement rates for services provided under this subchapter by the used tire programs; and
(3)
Clarify and add definitions for sizes of tires using technical information and specifications.
(d)
(1)
The commission shall encourage the establishment of voluntary tire collection centers where used tires generated in Arkansas can be deposited.
(2)
The voluntary tire collection centers shall include without limitation tire retailers, tire processing facilities, and solid waste disposal facilities.
(3)
The voluntary tire collection centers shall not include the collection of tires generated by a tire manufacturer.
(e)
The commission shall not prohibit the disposal of waste tires in landfills or monofills for three (3) years from August 1, 2017.
(f)
The commission shall waive the imposition of any permit fee imposed under this subchapter on any used tire program created by §
8-9-410
.
Amended by Act 2023, No. 713,§ 8, eff. 4/11/2023.
Amended by Act 2019, No. 315,§ 691, eff. 7/24/2019.
Amended by Act 2019, No. 315,§ 690, eff. 7/24/2019.
Added by Act 2017, No. 317,§ 1, eff. 8/1/2017.