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 6 - SOLID WASTE MANAGEMENT AND RECYCLING FUND ACT (§§ 8-6-601 — 8-6-616) › Section 8-6-602 - Legislative findings and intent - Duties of division - Construction

(a)
The General Assembly finds that the solid waste needs of the state are not being met in an efficient, cost-efficient, and environmentally sound manner. The current reliance upon localized landfills is threatening to add Arkansas to those states experiencing solid waste management crises.
(b)
The General Assembly concludes that, to the extent practicable, regional solid waste management systems should be developed which address solid waste needs in the context of cooperation and shared resources.
(c)
(1)
The General Assembly finds that recycling glass, plastic, cans, paper, and other materials will reduce the state's reliance upon landfills.
(2)
Additionally, other solid waste reduction activities will help reduce the state's dependence on landfills, including:
(A)
Using waste items as raw materials in a production process, such as adding shingles to asphalt mix for paving;
(B)
Using waste items to produce an end product without recycling, such as returning wood chips to citizens as mulch;
(C)
Using waste items as fuel, such as burning wood chips or tire chips in a waste-to-fuel process; or
(D)
Other activities as approved by the Division of Environmental Quality.
(3)
The waste stream reduction activities described in subdivision (c)(2) of this section also curb littering, illegal dumping, and abate the environmental risks caused by current solid waste practices.
(4)
The General Assembly therefore mandates that recycling shall be integrated as a component of any solid waste management plan required under the Arkansas Solid Waste Management Act, §
8-6-201
et seq., and that these recycling plans shall be implemented under the terms of this subchapter.
(d)
The division and the Arkansas Pollution Control and Ecology Commission shall promulgate and implement policies, rules, and procedures for administering the terms of this subchapter.
(e)
The terms and obligations of this subchapter shall be liberally construed so as to achieve remedial intent.
Amended by Act 2019, No. 315,§ 543, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 2624, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 2623, eff. 7/1/2019.
Amended by Act 2013, No. 1333,§ 1, eff. 8/16/2013.
Acts 1989, No. 849, § 2; 1989, No. 934, § 2; 2011, No. 819, § 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 6 - SOLID WASTE MANAGEMENT AND RECYCLING FUND ACT (§§ 8-6-601 — 8-6-616) › Section 8-6-604 - Recycling plans and implementation

(a)
Unless otherwise excused by the Arkansas Pollution Control and Ecology Commission pursuant to the Arkansas Solid Waste Management Act, §
8-6-201
et seq., each governmental entity which is required to submit or has submitted a solid waste management plan pursuant to §
8-6-211
shall produce, by July 1, 1991, a solid waste management plan which proposes the establishment of recycling programs and facilities. The plan shall be subject to review and approval by the Division of Environmental Quality.
(b)
Pursuant to established procedures, the division may initiate enforcement actions against governmental entities for failure to abide by the requirements of subsection (a) of this section. Enforcement sanctions may include, but are not limited to, denial, discontinuation, or reimbursement of grant funds awarded pursuant to any programs administered by the division.
Amended by Act 2019, No. 910,§ 2628, eff. 7/1/2019.
Acts 1989, No. 849, § 4; 1989, No. 934, § 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 6 - SOLID WASTE MANAGEMENT AND RECYCLING FUND ACT (§§ 8-6-601 — 8-6-616) › Section 8-6-605 - Solid Waste Management and Recycling Fund

(a)
There is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a trust fund to be known as the "Solid Waste Management and Recycling Fund".
(b)
The fund shall be administered by the Division of Environmental Quality, which shall authorize distributions and administrative expenditures from the fund under this subchapter for solid waste management and recycling programs.
(c)
In addition to all moneys appropriated by the General Assembly to the fund, there shall be deposited into the fund all landfill disposal fees collected pursuant to §§
8-6-606
and
8-6-607
, 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 money deposited into the fund.
(d)
No more than twenty percent (20%) of the moneys received annually into the fund shall be used by the division for:
(1)
The administration of a solid waste management and recycling program;
(2)
The administration of a computer and electronic equipment recycling program under §
8-6-613
; and
(3)
Solid waste management compliance and enforcement activities at landfills and open dumps.
Amended by Act 2019, No. 910,§ 2630, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 2629, eff. 7/1/2019.
Amended by Act 2017, No. 624,§ 1, eff. 8/1/2017.
Amended by Act 2013, No. 1333,§ 2, eff. 8/16/2013.
Acts 1989, No. 849, § 5; 1989, No. 934, § 5; 2007, No. 512, § 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 6 - SOLID WASTE MANAGEMENT AND RECYCLING FUND ACT (§§ 8-6-601 — 8-6-616) › Section 8-6-607 - Collection of fees

(a)
On or before January 15, April 15, July 15, and October 15 of each year, each landfill permittee and each solid waste transporter shall:
(1)
Submit to the Division of Environmental Quality a quarterly report that accurately states the total weight or volume of solid waste received at the landfill or transported out of state during the quarter just completed; and
(2)
Pay to the division the full amount of disposal and transportation fees imposed and collected under this subchapter for the preceding quarter.
(b)
(1)
Except as provided in subdivisions (b)(2) and (3) of this section, the disposal and transportation fees collected under this section shall be special revenues and deposited into the State Treasury to the credit of the Solid Waste Management and Recycling Fund for administrative support of the Compliance Advisory Panel.
(2)
Twenty-five percent (25%) of the disposal fees collected under subsection (a) of this section from landfills in which a private industry bears the expense of operating and maintaining the landfill solely for the disposal of wastes generated by the private industry shall be deposited quarterly into the Marketing Recyclables Program Fund.
(3)
Except for the disposal fees deposited into the Marketing Recyclables Program Fund under subdivision (b)(2) of this section, before disbursing moneys to the regional solid waste management boards, the division shall deposit the following moneys into the following funds each fiscal year:
(A)
One hundred fifty thousand dollars ($150,000) into the Crime Information System Fund to be used exclusively for the scrap metal logbook program; and
(B)
Three hundred thousand dollars ($300,000) into the Arkansas Unpaved Roads Program Fund.
Amended by Act 2019, No. 695,§ 1, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 2635, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 2634, eff. 7/1/2019.
Amended by Act 2017, No. 1067,§ 2, eff. 8/1/2017.
Amended by Act 2013, No. 1202,§ 45, eff. 7/1/2013.
Acts 1989, No. 849, § 7; 1989, No. 934, § 7; 1991, No. 755, § 2; 1993, No. 1127, § 3; 1995, No. 511, § 2; 2012, No. 283, § 10.
See Act 2019, No. 695, § 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 6 - SOLID WASTE MANAGEMENT AND RECYCLING FUND ACT (§§ 8-6-601 — 8-6-616) › Section 8-6-608 - Penalties

Failure of the permittee or solid waste transporter to pay the fees assessed by the Division of Environmental Quality provides 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,§ 2636, eff. 7/1/2019.
Acts 1989, No. 849, § 8; 1989, No. 934, § 8; 1993, No. 1127, § 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 6 - SOLID WASTE MANAGEMENT AND RECYCLING FUND ACT (§§ 8-6-601 — 8-6-616) › Section 8-6-609 - [Repealed]

Repealed by Act 2013, No. 1333,§ 3, eff. 8/16/2013.
Acts 1989, No. 849, § 9; 1989, No. 934, § 9; 1991, No. 749, § 5; 1992 (1st Ex. Sess.), No. 8, § 2; 1993, No. 1030, § 1; 1995, No. 463, § 1; 1999, No. 428, § 1; 2001, No. 70, § 1; 2003, No. 1027, § 1; 2005, No. 1325, § 1; 2011, No. 819, §§ 3, 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 6 - SOLID WASTE MANAGEMENT AND RECYCLING FUND ACT (§§ 8-6-601 — 8-6-616) › Section 8-6-610 - Rules

(a)
The Arkansas Pollution Control and Ecology Commission may adopt reasonable rules necessary to implement this subchapter, including without limitation:
(1)
Collecting fees; and
(2)
Setting priorities for the administration of this subchapter.
(b)
The rules 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,§ 545, eff. 7/24/2019.
Amended by Act 2013, No. 1333,§ 4, eff. 8/16/2013.
Acts 1989, No. 849, § 10; 1989, No. 934, § 10; 1991, No. 749, § 6; 1997, No. 179, § 4; 2001, No. 70, § 2; 2011, No. 819, § 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 6 - SOLID WASTE MANAGEMENT AND RECYCLING FUND ACT (§§ 8-6-601 — 8-6-616) › Section 8-6-611 - Computation of fees

For the purpose of determining landfill disposal or transportation fees under this subchapter, the landfill permittees and solid waste transporters shall use the dry weight basis in determining the fee for disposal or transportation of ash.
Acts 1991, No. 751, § 5; 1993, No. 1127, § 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 6 - SOLID WASTE MANAGEMENT AND RECYCLING FUND ACT (§§ 8-6-601 — 8-6-616) › Section 8-6-612 - [Repealed]

Repealed by Act 2017, No. 624,§ 2, eff. 8/1/2017.
Acts 2007, No. 512, § 2; 2009, No. 189, §§ 3, 4; 2011, No. 602, § 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 6 - SOLID WASTE MANAGEMENT AND RECYCLING FUND ACT (§§ 8-6-601 — 8-6-616) › Section 8-6-613 - Computer and electronic equipment recycling program

(a)
A program for the recycling of computer and electronic equipment is created.
(b)
The General Assembly finds that:
(1)
Computer and electronic equipment solid waste are among the fastest growing and most toxic segments of Arkansas's solid waste stream; and
(2)
There are recycling options to address this problem, and Arkansas solid waste districts and local governments and their delegated authorities and agents should develop solid waste management plans, programs, and facilities that integrate computer and electronic equipment recycling as a functional part of the solid waste management system.
(c)
Each regional solid waste management board that is required to submit or has submitted a regional solid waste management plan under §
8-6-1904
or a solid waste management plan developed under the Arkansas Solid Waste Management Act, §
8-6-201
et seq., and receives funding under this subchapter shall operate a solid waste management system that includes a computer and electronic equipment recycling program.
(d)
The Arkansas Pollution Control and Ecology Commission may adopt rules necessary to implement an effective computer and electronic equipment recycling program.
Amended by Act 2019, No. 315,§ 546, eff. 7/24/2019.
Amended by Act 2017, No. 624,§ 3, eff. 8/1/2017.
Acts 2007, No. 512, § 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 6 - SOLID WASTE MANAGEMENT AND RECYCLING FUND ACT (§§ 8-6-601 — 8-6-616) › Section 8-6-614 - [Repealed]

Repealed by Act 2015, No. 1176,§ 1, eff. 7/22/2015.
Acts 2007, No. 512, § 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 6 - SOLID WASTE MANAGEMENT AND RECYCLING FUND ACT (§§ 8-6-601 — 8-6-616) › Section 8-6-616 - [Repealed]

Repealed by Act 2017, No. 624,§ 6, eff. 8/1/2017.
Added by Act 2015, No. 1176,§ 2, eff. 7/22/2015.
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 7 - REGIONAL SOLID WASTE MANAGEMENT DISTRICTS AND BOARDS (§§ 8-6-701 — 8-6-724) › Section 8-6-701 - Purpose - Legislative findings - Construction

The purpose of this subchapter is to protect the public health and the state's environmental quality by establishing regional solid waste management and planning. The current system, relying upon solid waste management by individual counties and municipalities, has fostered present conditions in which certain areas of the state are facing capacity shortages of crisis proportions, while others experience a surfeit of capacity with individual disposal facilities which cannot muster the resources for environmentally responsible operators. Given these disparate environmental and economic concerns, the General Assembly concludes that regional solid waste management and planning, under the oversight of the Division of Environmental Quality and the Arkansas Pollution Control and Ecology Commission, is essential to address the imminent and future needs of the state. The terms and obligations of this subchapter shall be liberally construed so as to achieve remedial intent.
Amended by Act 2019, No. 910,§ 2641, eff. 7/1/2019.
Acts 1989, No. 870, § 1; 1991, No. 752, § 2; 1999, No. 1164, § 70.
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 7 - REGIONAL SOLID WASTE MANAGEMENT DISTRICTS AND BOARDS (§§ 8-6-701 — 8-6-724) › Section 8-6-703 - Creation of districts and boards - Members of boards

(a)
(1)
(A)
The eight (8) regional solid waste planning districts created by Acts 1989, No. 870, and each solid waste service area created pursuant to Acts 1989, No. 870, are renamed regional solid waste management districts.
(B)
Each regional solid waste management district shall be governed by a regional solid waste management board.
(2)
The boundaries of a regional solid waste management district may be modified and new regional solid waste management districts may be created pursuant to §
8-6-707
.
(b)
(1)
Each board shall be composed of representatives of:
(A)
The counties within the regional solid waste management district;
(B)
All cities of the first class within the regional solid waste management district;
(C)
All cities with a population over two thousand (2,000) according to the most recent federal decennial census within the regional solid waste management district;
(D)
The largest city of each county within the regional solid waste management district; and
(E)
Any city that holds a position on any board on or after January 1, 2010, within the regional solid waste management district.
(2)
The county judge of each county within the regional solid waste management district and the mayor of each city entitled to a representative in the regional solid waste management district shall serve on the board, unless the county judge or mayor elects instead to appoint a member as follows:
(A)
The county judge, with confirmation by the quorum court of each county within the regional solid waste management district, shall appoint one (1) member to the board; and
(B)
The mayor, with confirmation by the governing body of each city entitled to a representative in the regional solid waste management district, shall appoint one (1) member.
(c)
(1)
Each board shall have a minimum of five (5) members.
(2)
If the number of members serving under subsection (b) of this section is less than five (5), additional members necessary to make the total number equal five (5) shall be appointed by mutual agreement of the other board members and shall represent the general public within the regional solid waste management district.
(3)
Appointed board members shall serve at the pleasure of the appointing body and a minimum term of one (1) year.
(4)
Vacancies shall be filled for any unexpired term of an appointed member in the same manner as provided in subsection (b) of this section and subdivision (c)(2) of this section.
(5)
(A)
A majority of the membership of the board in person or represented by proxy shall constitute a quorum.
(B)
A majority vote of those members present shall be required for any action of the board.
(6)
Each board shall annually select a chair.
Amended by Act 2013, No. 316,§ 1, eff. 8/16/2013.
Acts 1989, No. 870, § 3; 1991, No. 752, §§ 2, 3; 2003, No. 215, § 1; 2011, No. 884, § 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 7 - REGIONAL SOLID WASTE MANAGEMENT DISTRICTS AND BOARDS (§§ 8-6-701 — 8-6-724) › Section 8-6-705 - Needs assessments

(a)
All needs assessments required by this subchapter are subject to review and approval for completeness by the Division of Environmental Quality.
(b)
Failure to provide complete assessments as required by this subchapter may provide the division with grounds to initiate enforcement actions against the regional solid waste management boards or their component governmental entities. Pursuant to established administrative procedures, sanctions may be imposed, including, but not limited to, denial, discontinuation, or reimbursement of any grant funding administered by the division to a regional solid waste management district or any of its component governmental entities.
(c)
The division may award grants to the districts for the development of the initial regional needs assessments, for the biennial updates, and for any other update required by the law.
Amended by Act 2019, No. 910,§ 2648, eff. 7/1/2019.
Acts 1989, No. 870, § 7; 1991, No. 752, § 2; 1999, No. 1164, § 72.
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 7 - REGIONAL SOLID WASTE MANAGEMENT DISTRICTS AND BOARDS (§§ 8-6-701 — 8-6-724) › Section 8-6-707 - Creation of new regional districts

(a)
(1)
(A)
After notification of the appropriate regional solid waste management board or boards, the Arkansas Pollution Control and Ecology Commission may designate a county or counties within each regional solid waste management district or counties within two (2) or more districts as a new district pursuant to the limitations of this section.
(B)
New districts shall be designated for purposes that address local exigencies, needs, and other requirements of this subchapter.
(C)
A district shall only be composed of whole county jurisdictions, and each district shall contain more than one (1) county unless that county has a population of:
(i)
(a)
At least fifty thousand (50,000) according to the most recent federal decennial census.
(b)
However, a single-county district that has been approved under this section shall not cease to be a valid district under this section if the population of the single county composing the district is determined to be less than fifty thousand (50,000) according to a federal decennial census occurring after the approval of the single-county district; or
(ii)
At least twenty-five thousand (25,000) according to the most recent federal decennial census and the county is served by one (1) county sanitation authority under §
14-233-104
.
(2)
Commission approval of district boundaries shall be sought and obtained pursuant to administrative procedures promulgated by the commission.
(b)
(1)
Counties and municipalities included in a new or revised district shall cease to be members of any other district.
(2)
The term of a board member representing a county or municipality shall immediately expire upon the inclusion of the county or municipality within a new district.
(c)
After notification of the appropriate boards, the commission, upon the request of a county or district, may transfer a county into an existing district.
Amended by Act 2015, No. 1162,§ 1, eff. 7/22/2015.
Amended by Act 2013, No. 1244,§ 1, eff. 8/16/2013.
Amended by Act 2013, No. 371,§ 1, eff. 8/16/2013.
Acts 1989, No. 870, § 9; 1991, No. 752, § 2; 1991, No. 786, § 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 7 - REGIONAL SOLID WASTE MANAGEMENT DISTRICTS AND BOARDS (§§ 8-6-701 — 8-6-724) › Section 8-6-708 - Procedures and rules

The Arkansas Pollution Control and Ecology Commission is authorized to prescribe procedures and rules:
(1)
To guide the initial and continued organization and operation of the respective regional solid waste management boards in accordance with the purposes of this subchapter and §
8-6-801
et seq.;
(2)
To assure public notice and participation prior to adoption of regional needs assessments, findings, or reports made by the boards;
(3)
To defray some of the costs of the administration of this subchapter, including, but not limited to, inspections and technical review of submissions required by this subchapter by setting graduated surcharges upon any waste stream increase in excess of ten percent (10%) as a result of receipt of solid waste from outside the regional solid waste management district; and
(4)
To require prompt compliance with the requirements of this subchapter and §
8-6-801
et seq.
Amended by Act 2019, No. 315,§ 550, eff. 7/24/2019.
Acts 1989, No. 870, § 10; 1991, No. 752, § 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 7 - REGIONAL SOLID WASTE MANAGEMENT DISTRICTS AND BOARDS (§§ 8-6-701 — 8-6-724) › Section 8-6-709 - Agreements implementing subchapter

(a)
Any regional solid waste management board may enter into agreements for the specific purpose of implementing this subchapter.
(b)
Any such agreement shall specify the following:
(1)
Its duration;
(2)
The precise organization, composition, and nature of any separate legal or administrative entity created thereby, together with the powers delegated thereto, provided such entity may be legally created;
(3)
Its purpose or purposes;
(4)
The manner of financing the joint or cooperative undertaking and of establishing and maintaining a budget therefor, provided that such legal entity may incur indebtedness for the lease or purchase of land, equipment, and other expenses necessary to the operation of a solid waste management system or any part thereof;
(5)
The permissible method or methods to be employed in accomplishing the partial or complete termination of the agreement and for disposing of property upon such partial or complete termination;
(6)
The degree to which the joint or individual plans are drawn in accordance with the regional needs assessments required by this subchapter; and
(7)
Any other necessary and proper matters.
Acts 1989, No. 870, § 11; 1991, No. 752, § 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 7 - REGIONAL SOLID WASTE MANAGEMENT DISTRICTS AND BOARDS (§§ 8-6-701 — 8-6-724) › Section 8-6-710 - Solid waste management responsibility

(a)
(1)
Each regional solid waste management board shall be the governmental entity primarily responsible for providing a solid waste management system for the regional solid waste management district.
(2)
The counties and municipalities shall continue to be responsible for solid waste management services within their corporate boundaries until the board determines in writing that the district is able to assume the solid waste management responsibilities of the municipality or county.
(b)
Counties and municipalities in a district may provide a portion of the solid waste management services, such as solid waste pickup, while the board provides other services and has assumed responsibility therefor, such as disposal facilities, in which event, the counties and municipalities shall retain only the responsibility for the system related to the services provided. In performing those retained responsibilities or assisting the board in performing its responsibilities, counties and municipalities shall retain all present legal powers and authority related to those responsibilities, including, but not limited to, power and authority to levy and collect fees and charges. Counties and municipalities may provide additional solid waste management services in excess of those provided by the district at their own expense so long as such solid waste management services conform to the district solid waste management plan.
Acts 1991, No. 752, § 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 7 - REGIONAL SOLID WASTE MANAGEMENT DISTRICTS AND BOARDS (§§ 8-6-701 — 8-6-724) › Section 8-6-711 - District solid waste management system

(a)
A regional solid waste management district is authorized to own, acquire, construct, reconstruct, extend, equip, improve, operate, maintain, sell, lease, contract concerning, or otherwise deal in facilities of any nature necessary or desirable for the control, collection, removal, reduction, disposal, treatment, or other handling of solid waste.
(b)
(1)
A regional solid waste management district may elect to acquire the ownership or use of elements of solid waste management systems owned or controlled by municipalities, counties, improvement districts, or sanitation authorities within the regional solid waste management district by contract on such terms as are mutually agreed to be necessary, convenient, or desirable.
(2)
(A)
If the regional solid waste management district has elected such acquisition of ownership or use, the regional solid waste management district shall also have assumed the responsibility associated with that project or element, as contemplated by §
8-6-714
.
(B)
If the regional solid waste management district and the other entity or entities which are parties to the acquisition cannot mutually agree on the fair value to be paid and the method of compensation for the acquired asset, then either party may have that value and method adjudicated as to fairness by the circuit court having jurisdiction of the regional solid waste management district's principal office, in the manner of a declaratory judgment and not in the nature of eminent domain.
(C)
The regional solid waste management district shall have the discretion to proceed or not to proceed with the acquisition after the declaration is obtained.
(c)
(1)
(A)
A regional solid waste management district may elect to seek a permit for a Class I landfill to be owned by the State of Arkansas.
(B)
Provided, however, that only one (1) such Class I landfill shall be sited in each of the eight (8) planning and development districts established pursuant to §
14-166-202
.
(2)
Upon the regional solid waste management district's obtaining a permit to operate, ownership interest in said Class I landfill shall be vested with the State of Arkansas through deed or other conveyance.
(d)
An existing and operating solid waste facility within the regional solid waste management district shall be incorporated into the regional solid waste management district solid waste management plan, or the regional solid waste management district shall acquire ownership of that solid waste facility in the manner set forth in subsection (b) of this section.
(e)
Nothing in this section shall be construed to give a regional solid waste management district the power to make an acquisition described in this section without the consent of the municipalities, counties, improvement districts, or sanitation authorities involved.
Acts 1991, No. 752, § 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 7 - REGIONAL SOLID WASTE MANAGEMENT DISTRICTS AND BOARDS (§§ 8-6-701 — 8-6-724) › Section 8-6-713 - Restriction on local government bonds and pledges

(a)
Unless approved by the regional solid waste management board, no municipality, county, improvement district, or sanitation authority within the regional solid waste management district shall:
(1)
Issue any bonds for solid waste management purposes; or
(2)
Pledge any revenues derived from solid waste management services for any bond issue.
(b)
Notwithstanding the provisions of subsection (a) of this section, no board shall prohibit a municipality or county from issuing revenue bonds or using general obligation bonds when the purpose of such issuance or usage is the funding of a facility or project to process and market recycled materials for use as fuel.
(c)
The board shall not impair any existing bond issue or other financial obligation of a municipality, county, improvement district, or sanitation authority.
Acts 1991, No. 752, § 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 7 - REGIONAL SOLID WASTE MANAGEMENT DISTRICTS AND BOARDS (§§ 8-6-701 — 8-6-724) › Section 8-6-715 - Eminent domain

(a)
In the event that necessary lands needed for the accomplishment of the purposes authorized by this chapter cannot be acquired by negotiation, any regional solid waste management district is authorized to acquire the needed lands by condemnation proceedings under the power of eminent domain.
(b)
(1)
The proceedings may be exercised in the manner now provided for taking private property for rights-of-way for railroads as set forth in §§
18-15-1202
-
18-15-1207
.
(2)
As a part of the proceedings, the district shall file an environmental impact statement with the court.
(c)
Nothing in this section shall allow a district to appropriate by eminent domain any property upon which is located a permitted landfill, recycling facility, or incinerator or for which a permit for a landfill, recycling facility, or incinerator is pending.
Acts 1991, No. 752, § 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 7 - REGIONAL SOLID WASTE MANAGEMENT DISTRICTS AND BOARDS (§§ 8-6-701 — 8-6-724) › Section 8-6-717 - [Repealed]

Repealed by Act 2013, No. 1153,§ 2, eff. 8/16/2013.
Acts 1991, No. 752, § 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 7 - REGIONAL SOLID WASTE MANAGEMENT DISTRICTS AND BOARDS (§§ 8-6-701 — 8-6-724) › Section 8-6-718 - Waste tire collection center

Beginning July 1, 1993, each regional solid waste management board shall establish a waste tire collection center at which residents of the regional solid waste management district may dispose of their waste motor vehicle tires at no cost except as provided by rule of the Arkansas Pollution Control and Ecology Commission or the board.
Amended by Act 2019, No. 315,§ 556, eff. 7/24/2019.
Acts 1991, No. 752, § 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 7 - REGIONAL SOLID WASTE MANAGEMENT DISTRICTS AND BOARDS (§§ 8-6-701 — 8-6-724) › Section 8-6-719 - Regional composting program

(a)
Each regional solid waste management board shall establish a program for the composting of yard waste.
(b)
Each board shall establish a pilot program for the composting of yard waste collected in an area with a population of at least five thousand (5,000) persons. The pilot program shall be established in each regional solid waste management district by July 1, 1992.
Acts 1991, No. 752, § 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 7 - REGIONAL SOLID WASTE MANAGEMENT DISTRICTS AND BOARDS (§§ 8-6-701 — 8-6-724) › Section 8-6-721 - Licensing haulers of solid waste

(a)
A person who engages in the business of hauling solid waste must obtain a license from the regional solid waste management board if:
(1)
The person is engaged in the collection of solid waste within the regional solid waste management district; or
(2)
The person is engaged in the transportation of solid waste for disposal or storage in the regional solid waste management district.
(b)
(1)
A license shall be issued only to a person, partnership, corporation, association, the State of Arkansas, a political subdivision of the state, an improvement district, a sanitation authority, or another regional solid waste management district.
(2)
The regional solid waste management district may engage in the hauling of solid waste within its own regional solid waste management district without licensure but shall comply with all applicable standards required under this section.
(c)
The Arkansas Pollution Control and Ecology Commission shall establish classifications of haulers, which shall be used by regional solid waste management districts in licensing haulers. The classifications shall be based on the nature and size of the loads transported.
(d)
(1)
The commission shall promulgate minimum standards for a license to haul solid waste.
(2)
One (1) of the criteria for obtaining such a license shall be the financial responsibility of the hauler.
(e)
The board may impose more stringent standards than the minimum standards established by the commission.
(f)
The board may set a reasonable licensing fee for each class of haulers.
Acts 1991, No. 752, § 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 7 - REGIONAL SOLID WASTE MANAGEMENT DISTRICTS AND BOARDS (§§ 8-6-701 — 8-6-724) › Section 8-6-722 - Penalties

Any person who violates this subchapter or any rule of the Arkansas Pollution Control and Ecology Commission or of a regional solid waste management board shall be deemed guilty of a misdemeanor. Upon conviction, the person shall be subject to imprisonment for not more than thirty (30) days or a fine of not more than one thousand dollars ($1,000), or both imprisonment and fine.
Amended by Act 2019, No. 315,§ 558, eff. 7/24/2019.
Acts 1991, No. 752, § 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 7 - REGIONAL SOLID WASTE MANAGEMENT DISTRICTS AND BOARDS (§§ 8-6-701 — 8-6-724) › Section 8-6-723 - Alternative formation of original districts

(a)
(1)
In lieu of forming a regional solid waste management district under any other provision of this subchapter, a district may be created by interlocal agreement of the local governments in any county with a population of at least ninety thousand (90,000) persons and in which there is a permitted landfill on January 1, 1991. The regional solid waste management board of the district shall be established by interlocal agreement.
(2)
The creation of the district shall be effective upon the Director of the Division of Environmental Quality's receipt of written notice in the form of a joint resolution by the local governments.
(b)
The creation of a district shall be effective upon the governing body of the authority notifying the director in writing. The governing body of a district created under this subsection shall be determined by the authority creating the district. The provisions of §
8-6-703
or any other section of this subchapter which provides for the method of selection of the governing body of a district shall not apply to districts formed under this subsection.
(c)
The Arkansas Pollution Control and Ecology Commission shall have no authority to add to or otherwise change the boundaries of a district created under this section.
Amended by Act 2019, No. 910,§ 2658, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 2657, eff. 7/1/2019.
Acts 1991, No. 752, § 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 7 - REGIONAL SOLID WASTE MANAGEMENT DISTRICTS AND BOARDS (§§ 8-6-701 — 8-6-724) › Section 8-6-724 - Regional standards

Regional solid waste management boards may adopt more restrictive standards for the location, design, construction, and maintenance of solid waste disposal sites and facilities than the state government or United States Government, provided such standards are based upon generally accepted scientific knowledge or engineering practices and are consistent with the purposes of this subchapter.
Acts 1995, No. 902, § 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 8 - BONDS BY REGIONAL SOLID WASTE MANAGEMENT DISTRICTS (§§ 8-6-801 — 8-6-814) › Section 8-6-802 - Construction

(a)
The powers provided by this subchapter shall be supplemental to all other powers conferred on regional solid waste management boards.
(b)
Except as expressly provided in this subchapter, the acquisition, construction, reconstruction, enlargement, equipment, or operation and maintenance of projects under the provisions of this subchapter need not comply with the requirements of any other law applicable to the acquisition, construction, reconstruction, enlargement, equipment, and operation and maintenance of public works or facilities, including, without limitation, laws pertaining to public bidding, paying prevailing wages, transfer or exchange of title to real or personal property, or any other aspect of the acquiring, constructing, reconstructing, enlarging, equipping, or operation or maintenance of public works or public projects, or transfer or exchange of title to real or personal property, none of which laws shall be applicable to projects under this subchapter.
(c)
This subchapter, being necessary for the welfare of the state and its inhabitants, shall be liberally construed to effect the purposes of this subchapter.
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 8-6-803 - Pledge of rents, fees, and charges

A regional solid waste management board may pledge any rents, fees, and charges imposed by the board to secure the repayment of bonds issued to finance projects, as provided for in this subchapter.
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 8-6-805 - Bonds - Trust indenture

(a)
The resolution authorizing the bonds may provide for the execution by the regional solid waste management district with a bank or trust company within or without this state of a trust indenture which defines the rights of the holders and registered owners of the bonds.
(b)
The indenture may control the priority between and among successive issues and may contain any other terms, covenants, and conditions that are deemed desirable, including, without limitation, those pertaining to the custody and application of proceeds of the bonds, the maintaining of rates and charges, the collection and disposition of revenues, the maintenance of various funds and reserves, the nature and extent of the security and pledging of revenues, the rights, duties, and obligations of the district and the trustee for the holders or registered owners of the bonds, and the rights of the holders and registered owners of the bonds.
(c)
The resolution or trust indenture authorizing or securing any bonds issued under this subchapter may or may not impose a foreclosable mortgage lien upon or security interest in the project financed in whole or in part with the proceeds of the bonds, and the nature and extent of the mortgage lien or security interest may be controlled by the resolution or trust indenture, including, without limitation, provisions pertaining to the release of all or part of the project properties from the mortgage lien or security interest and the priority of the mortgage lien or security interest in the event of the issuance of additional bonds.
(d)
Subject to the terms, conditions, and restrictions which may be contained in the resolution or trust indenture, any holder or registered owner of bonds issued under this subchapter or of any coupon attached thereto may, either at law or in equity, enforce the mortgage lien or security interest and may, by proper suit, compel the performance of the duties of the members and employees of the regional solid waste management board as set forth in the resolution or trust indenture authorizing or securing the 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 8-6-806 - Bonds - Default

(a)
(1)
In the event of a default in the payment of the principal of, premium on, if any, or interest on any bonds issued under this subchapter, any court having jurisdiction may appoint a receiver to take charge of all or any part of the project in which there is a mortgage lien or security interest securing the bonds in default.
(2)
The receiver shall have the power and authority to operate and maintain the project, to charge and collect rates, payments, rents, and charges sufficient to provide for the payment of the principal of, premium on, if any, and interest on the bonds, after providing for the payment of any costs of receivership and operating expenses of the project, and to apply the revenues derived from the project in conformity with this subchapter and the resolution or trust indenture authorizing or securing the bonds.
(3)
When the default has been cured, the receivership shall be ended and the project returned to the regional solid waste management district.
(b)
The relief afforded by this section shall be construed to be in addition and supplemental to the remedies that may be afforded the trustee for the bondholders and the bondholders in the resolution or trust indenture authorizing or securing the bonds and shall be so granted and administered as to accord full recognition to priority rights of bondholders as to the pledge of revenues from and the mortgage lien on and security interest in the project as specified in and fixed by the resolutions or trust indentures authorizing or securing successive bond issues.
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 8-6-807 - Bonds - Liability - Payment and security

(a)
It shall be plainly stated on the face of each bond that it has been issued under the provisions of this subchapter and that the bonds are obligations only of the regional solid waste management district.
(b)
No member of the regional solid waste management board shall be personally liable on the bonds or for any damages sustained by anyone in connection with any contracts entered into in carrying out the purpose and intent of this subchapter unless he or she shall have acted with corrupt intent.
(c)
The principal of and interest on the bonds shall be payable from and may be secured by a pledge of revenues derived from the project acquired, constructed, reconstructed, equipped, extended, or improved, in whole or in part, with the proceeds of the bonds or obligations of the owners of projects.
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 8-6-808 - Refunding bonds - Issuance

(a)
Bonds may be issued for the purpose of refunding any bonds issued under this subchapter. Refunding bonds may be combined with bonds issued under the provisions of §
14-233-109
into a single issue.
(b)
When refunding bonds are issued, they may either be sold or delivered in exchange for the bonds being refunded. If sold, the proceeds may either be applied to the payment of the bonds being refunded or deposited into escrow for the retirement thereof.
(c)
All refunding bonds shall in all respects be issued and secured in the manner provided for other bonds issued under this subchapter and shall have all the attributes of those bonds.
(d)
The resolution under which refunding bonds are issued may provide that any of the refunding bonds shall have the same priority of lien on and security interest in project revenues and the project as was enjoyed by the bonds refunded by them.
Acts 1991, No. 752, § 4.