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 8-9-410 - Used tire programs

(a)
(1)
In order to address efficiency in tire processing, including without limitation transportation, there are created four (4) used tire programs in the state.
(2)
The four (4) used tire programs created under subdivision (a)(1) of this section are composed as follows:
(A)
Used Tire Program 1 consists of the following counties: Benton, Carroll, Boone, Marion, Baxter, Washington, Madison, Newton, Searcy, Crawford, Franklin, Johnson, Pope, Van Buren, Sebastian, Logan, Conway, Scott, Yell, and Perry;
(B)
Used Tire Program 2 consists of the following counties: Fulton, Sharp, Randolph, Clay, Izard, Lawrence, Greene, Stone, Independence, Jackson, Craighead, Mississippi, Cleburne, Faulkner, White, Poinsett, Woodruff, Cross, Pulaski, and Crittenden;
(C)
Used Tire Program 3 consists of the following counties: Polk, Montgomery, Sevier, Howard, Pike, Clark, Little River, Hempstead, Nevada, Miller, Lafayette, Saline, Dallas, Ouachita, Union, Garland, Hot Spring, and Columbia; and
(D)
Used Tire Program 4 consists of the following counties: Grant, Jefferson, Arkansas, Phillips, Cleveland, Lincoln, Desha, Calhoun, Bradley, Drew, Ashley, Lonoke, Prairie, Monroe, St. Francis, Lee, and Chicot.
(b)
(1)
Each new used tire program is governed by a tire accountability board that is composed of eleven (11) members:
(A)
Five (5) county judges, elected by the county judges of the used tire program;
(B)
Two (2) county judges, appointed from the two (2) most populous counties in the used tire program according to the most recent federal census; and
(C)
Four (4) mayors, elected by the mayors of all of the cities in the used tire program.
(2)
Each member of the tire accountability board shall serve for a term of three (3) years.
(3)
The members of the tire accountability board shall draw lots for staggered terms at the first organizational meeting.
(4)
A vacancy on the tire accountability board shall be filled through the process described in the bylaws of the tire accountability board.
(c)
(1)
A tire accountability board shall:
(A)
Elect a chair and a vice-chair at an organizational meeting;
(B)
Develop bylaws to govern the tire accountability board, including without limitation rules related to the replacement of members of the tire accountability board in the event of a vacancy; and
(C)
Submit a business plan to the Division of Environmental Quality for approval on or before September 1, 2023.
(2)
The division shall approve or seek additional information regarding the business plan submitted under subdivision (c)(1)(C) of this section within sixty (60) days.
(d)
The tire accountability board in each of the used tire programs may enter into an interlocal agreement to determine the highest level of efficiency regarding tire processing in the respective used tire program.
(e)
Arkansas Legislative Audit shall audit the four (4) used tire programs on the following schedule:
(1)
Used Tire Program 1 and Used Tire Program 3 every odd-numbered year; and
(2)
Used Tire Program 2 and Used Tire Program 4 every even-numbered year.
Amended by Act 2023, No. 713,§ 6, eff. 4/11/2023.
Amended by Act 2019, No. 980,§ 12, eff. 7/24/2019.
Added by Act 2017, No. 317,§ 1, eff. 8/1/2017.