reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 5 - WATER POLLUTION CONTROL FACILITIES (§§ 8-5-201 — 8-5-905) › Subchapter 8 - SMALL BUSINESS REVOLVING LOAN FUND (§§ 8-5-801 — 8-5-808) › Section 8-5-805 - Eligible applicants

(a)
An eligible applicant shall:
(1)
Employ one hundred (100) or fewer individuals, including both full-time and part-time employees, through direct hiring or contract, including affiliates and subsidiaries, at the time an application for a loan is received by the Division of Environmental Quality;
(2)
Provide proof of profitable operations and a demonstrated ability to repay the loan; and
(3)
Submit an application supplied by the division including any supporting documents, instruments, or other documents requested by the division for the purposes of recommending approval or disapproval of a loan described in this section.
(b)
(1)
Until all delinquent fees stated in this subsection or otherwise owed to the division are paid in full and no balance is due, the Director of the Division of Environmental Quality shall not approve any loan application.
(2)
The delinquent fees include, but are not limited to:
(A)
Permit fees;
(B)
Permit modification fees;
(C)
License fees;
(D)
Certification fees;
(E)
Registration fees;
(F)
Variance application fees;
(G)
Civil penalties;
(H)
Emergency response reimbursements;
(I)
Loan payments; and
(J)
Review fees.
Amended by Act 2019, No. 910,§ 2576, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 2575, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 2574, eff. 7/1/2019.
Acts 1997, No. 691, § 1; 2005, No. 1254, § 2.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 5 - WATER POLLUTION CONTROL FACILITIES (§§ 8-5-201 — 8-5-905) › Subchapter 8 - SMALL BUSINESS REVOLVING LOAN FUND (§§ 8-5-801 — 8-5-808) › Section 8-5-806 - Terms of the revolving loan

(a)
(1)
The maximum loan amount shall be:
(A)
Forty-five thousand dollars ($45,000) per mandated pollution control project;
(B)
Forty-five thousand dollars ($45,000) per pollution prevention project; and
(C)
Forty-five thousand dollars ($45,000) per waste reduction project.
(2)
The maximum allowable amount to be loaned shall not exceed sixty-five thousand dollars ($65,000) per individual applicant.
(b)
The maximum term of the loan shall be ten (10) years per mandated pollution control project and ten (10) years per pollution prevention or waste reduction project.
(c)
The interest rate shall be:
(1)
Established by the Division of Environmental Quality at or below market rate; and
(2)
Fixed for the term of each loan at the rate that is in effect when the loan application is received or when the loan is closed, whichever is lower.
(d)
(1)
The borrower shall be required to make level monthly amortizing payments to retire the debt by the end of the loan term.
(2)
Loan principal may be repaid in part or in full at any time without penalty.
(e)
(1)
The division may:
(A)
Make secured or unsecured loans with a promissory note;
(B)
Collect interest on any loans issued; and
(C)
Assess penalties on late loan payments.
(2)
Loans issued under this subchapter may contain an acceleration clause.
(f)
The division may bring any lawful action to recover any loan that is in default.
Amended by Act 2019, No. 910,§ 2579, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 2578, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 2577, eff. 7/1/2019.
Acts 1997, No. 691, § 1; 1999, No. 1164, § 56; 2001, No. 213, § 4; 2005, No. 1254, § 3.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 5 - WATER POLLUTION CONTROL FACILITIES (§§ 8-5-201 — 8-5-905) › Subchapter 8 - SMALL BUSINESS REVOLVING LOAN FUND (§§ 8-5-801 — 8-5-808) › Section 8-5-808 - Administration of program

The Division of Environmental Quality will manage the program through its Small Business Assistance Program. The program is authorized to delegate the management of the Small Business Revolving Loan Fund. The division shall retain the power to issue certificates of need for eligible projects and shall not delegate such authority.
Amended by Act 2019, No. 910,§ 2584, eff. 7/1/2019.
Acts 1997, No. 691, § 1; 1999, No. 1164, § 59.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 5 - WATER POLLUTION CONTROL FACILITIES (§§ 8-5-201 — 8-5-905) › Subchapter 9 - LONG-TERM ENVIRONMENTAL PROJECTS (§§ 8-5-901 — 8-5-905) › Section 8-5-901 - Legislative findings and intent

The General Assembly hereby finds that many areas of the state would benefit from long-term environmental remediation projects that significantly improve the effects caused by industrial or extractive activities. However, commitments by private enterprise to remedy such damages are discouraged by the prospect of civil liability based upon rigid application of state water quality standards to the enterprise's activities. The purpose of this subchapter is to preserve the state's approach to establishing water quality standards, while also encouraging private enterprises to make significant improvements to closed or abandoned sites that are of such magnitude that more than three (3) years would be required to complete the project.
Acts 1997, No. 401, § 1.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 5 - WATER POLLUTION CONTROL FACILITIES (§§ 8-5-201 — 8-5-905) › Subchapter 9 - LONG-TERM ENVIRONMENTAL PROJECTS (§§ 8-5-901 — 8-5-905) › Section 8-5-902 - Definitions and applicability

As used in this subchapter:
(1)
"Commission" means the Arkansas Pollution Control and Ecology Commission;
(2)
"Long-term improvement project" or "project" means any remediation or reclamation project at closed or abandoned:
(A)
Mineral extraction sites;
(B)
Solid waste management units as defined pursuant to the Arkansas Hazardous Waste Management Act of 1979, §
8-7-201
et seq.;
(C)
Oil and gas extraction sites;
(D)
Brownfield sites as defined in Acts 1995, No. 125, or as may be amended; and
(E)
Hazardous substance sites listed on the National Priorities List,
42 U.S.C. § 9605
, or state priority list, §
8-7-509(f)
, or as may be amended; and
(3)
"Water quality standard" means standards developed through administrative rulemaking by the commission.
Amended by Act 2019, No. 910,§ 2585, eff. 7/1/2019.
Amended by Act 2013, No. 1127,§ 4, eff. 8/16/2013.
Acts 1997, No. 401, § 2; 1999, No. 1164, § 60.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 5 - WATER POLLUTION CONTROL FACILITIES (§§ 8-5-201 — 8-5-905) › Subchapter 9 - LONG-TERM ENVIRONMENTAL PROJECTS (§§ 8-5-901 — 8-5-905) › Section 8-5-903 - Procedures for approval of environmental projects, contents of applications, and public notice

(a)
A petitioner seeking approval of a change in water quality standards to accommodate a long-term improvement project shall file with the Division of Environmental Quality a notice of intent, which includes as a minimum:
(1)
A description of the water body or stream segment affected by the project;
(2)
The existing ambient water quality for the use of criteria at issue;
(3)
The affected water quality standard;
(4)
The modifications sought;
(5)
The proposed remediation activities;
(6)
A proposed remediation plan, which shall contain:
(A)
A description of the existing conditions, including identification of the conditions limiting the attainment of the water quality standards;
(B)
A description of the proposed water quality standard modification, both during and post-project;
(C)
A description of the proposed remediation plan; and
(D)
The anticipated collateral effects, if any, of the remediation plan; and
(7)
A schedule for implementing the remediation plan that ensures that the post-project water quality standards are met as soon as reasonably practicable.
(b)
The division shall cause notice of the proposed project and associated water quality standard changes described in subsection (a) of this section to be published for public notice and comment in the same manner as provided for permit applications in §
8-4-203(c)
, and shall notify the public that the details of the proposed project are available for public review.
(c)
(1)
After considering comments from the public, the division shall notify the petitioner as to whether the proposed project is approved or denied.
(2)
The division may deny approval of a project if it reasonably concludes that:
(A)
The plan is not complete;
(B)
The plan is not technically sound;
(C)
The schedule is unrealistic;
(D)
The plan will not have an overall beneficial effect for the environment; or
(E)
For other appropriate reasons.
(3)
Any division determination on the approval or denial of a project is subject to the appeal procedures applicable to permitting decisions set out in §
8-4-205
.
(d)
Upon approval of the project for further development, the petitioner shall prepare documentation required for third-party rulemaking by §
8-4-202
and established in administrative procedures.
Amended by Act 2019, No. 910,§ 2587, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 2586, eff. 7/1/2019.
Acts 1997, No. 401, § 3; 2009, No. 409, § 3.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 5 - WATER POLLUTION CONTROL FACILITIES (§§ 8-5-201 — 8-5-905) › Subchapter 9 - LONG-TERM ENVIRONMENTAL PROJECTS (§§ 8-5-901 — 8-5-905) › Section 8-5-904 - Modification of water quality standards

(a)
The Arkansas Pollution Control and Ecology Commission may approve a modification where the water quality standard is not being maintained due to conditions which may, in part or in whole, be corrected through the implementation of long-term measures. The commission shall establish such subcategory of use and modify such general and specific standards as it deems appropriate to reflect such modification while ensuring that the fishable/swimmable use is maintained. In all water quality standard changes associated with long-term improvement projects, the remedial action plan described in §
8-5-903(a)
shall be incorporated by reference in the statement of basis and purpose of the rule and shall be considered an essential condition of the modified water quality standard.
(b)
(1)
Once the commission approves a water quality standard modification, the Division of Environmental Quality shall ensure that conditions and limitations designed to achieve compliance with the plan are established in applicable discharge permits, consent administrative orders, or such other enforcement measures deemed appropriate by the division.
(2)
The division may allow modifications by the petitioner to the remediation plan and schedule as is deemed appropriate, provided that any such modifications to the original remedial action plan shall not render the project significantly less protective of the applicable use subcategory.
(3)
Should the division find that the petitioner is not acting in good faith to complete the project in accordance with the approved plan, applicable and appropriate enforcement authority may be exercised subject to appeal to the commission.
(c)
The division or the petitioner shall report annually to the commission on the progress of the project.
Amended by Act 2019, No. 910,§ 2588, eff. 7/1/2019.
Acts 1997, No. 401, § 4.
Arkansas Code of 1987 (2023) › Title 8 - ENVIRONMENTAL LAW (§§ 8-1-101 — 8-15-119) › Chapter 5 - WATER POLLUTION CONTROL FACILITIES (§§ 8-5-201 — 8-5-905) › Subchapter 9 - LONG-TERM ENVIRONMENTAL PROJECTS (§§ 8-5-901 — 8-5-905) › Section 8-5-905 - Project completion

At the end of the long-term improvement project, the post-project water quality standards shall be in full force and effect.
Acts 1997, No. 401, § 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 2 - SOLID WASTE MANAGEMENT ACT (§§ 8-6-201 — 8-6-223) › Section 8-6-201 - Title

This subchapter may be cited as the "Arkansas Solid Waste Management Act".
Acts 1971, No. 237, § 1; A.S.A. 1947, § 82-2701.
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 2 - SOLID WASTE MANAGEMENT ACT (§§ 8-6-201 — 8-6-223) › Section 8-6-202 - Purpose

It is the purpose of this subchapter and it is declared to be the policy of this state to regulate the collection and disposal of solid wastes in a manner that will:
(1)
Protect the public health and welfare;
(2)
Prevent water or air pollution;
(3)
Prevent the spread of disease and the creation of nuisances;
(4)
Conserve natural resources; and
(5)
Enhance the beauty and quality of the environment.
Acts 1971, No. 237, § 2; A.S.A. 1947, § 82-2702.
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 2 - SOLID WASTE MANAGEMENT ACT (§§ 8-6-201 — 8-6-223) › Section 8-6-208 - Existing rules, orders, etc

(a)
All existing rules of the Arkansas Pollution Control and Ecology Commission relating to subjects embraced within this subchapter shall remain in full force and effect until expressly repealed, amended, or superseded by the commission.
(b)
All orders entered, permits granted, and pending legal proceedings instituted by the commission relating to subjects embraced within this subchapter shall remain unimpaired and in full force and effect until superseded by actions taken by the commission under this subchapter.
(c)
No existing civil or criminal remedies, public or private, for any wrongful action shall be excluded or impaired by this subchapter. Nothing in this subchapter shall be construed to limit or supersede the provisions of the Arkansas Water and Air Pollution Control Act, §
8-4-101
et seq., or any action taken by the commission under the Arkansas Water and Air Pollution Control Act, §
8-4-101
et seq.
Amended by Act 2019, No. 315,§ 538, eff. 7/24/2019.
Acts 1971, No. 237, § 12; A.S.A. 1947, § 82-2712.
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 2 - SOLID WASTE MANAGEMENT ACT (§§ 8-6-201 — 8-6-223) › Section 8-6-209 - Local standards

(a)
(1)
No municipality or county may, by ordinance, resolution, order, or otherwise, adopt standards for the location, design, construction, and maintenance of solid waste disposal sites and facilities that are more restrictive than those adopted by, under, or pursuant to this subchapter or any and all applicable laws, rules, regulations, or orders adopted by state law or incorporated by reference from federal law, the Arkansas Pollution Control and Ecology Commission under the provisions of this subchapter, or the regional solid waste management boards or districts, unless there exists a fully implemented comprehensive area-wide zoning plan, and corresponding laws or ordinances, covering the entire municipality or county.
(2)
Municipal or county ordinances, resolutions, or orders effective as of the date of the passage of this act and more restrictive than regional or state standards shall remain in full force and effect for a period of six (6) months following the date of the passage of this act.
(3)
Provided, also, that if a county or municipality adopts a comprehensive area-wide zoning plan and corresponding laws and ordinances covering the entire county or city as referred to in §
8-6-212(e)
, the county or city may incorporate existing ordinances, resolutions, or orders in that comprehensive area-wide zoning plan.
(4)
Otherwise, any and all such standards adopted by a municipality or county must be consistent with, in accordance with, and not more restrictive than said federal, state, and regional laws, rules, regulations, and orders. Any and all such municipalities or county ordinances, resolutions, orders, or standards contrary to this section shall be null, void, and repealed.
(b)
(1)
Subsection (a) of this section shall not apply if a municipality or county, by resolution, requests that the regional solid waste management board or regional solid waste management district for the municipality's or county's region adopt a more restrictive rule, regulation, order, or standard and such board or district either fails to hold a public hearing on the request within sixty (60) days of the request, or, after such public hearing, fails to take any action on the request within ninety (90) days of receipt of the request.
(2)
If the board or district takes action on the request by approving, modifying, or denying the request within ninety (90) days of its receipt, the municipality or county shall be precluded from adopting and enforcing any more restrictive rule, regulation, order, or standard under subsection (a) of this section.
Acts 1971, No. 237, § 12; A.S.A. 1947, § 82-2712; Acts 1993, No. 1280, § 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 2 - SOLID WASTE MANAGEMENT ACT (§§ 8-6-201 — 8-6-223) › Section 8-6-210 - Agreements authorized

(a)
Any two (2) or more municipalities, counties, or other public agencies may enter into agreements with one another for joint or cooperative action pursuant to a solid waste management system.
(b)
Any agreement shall specify the following:
(1)
Its duration;
(2)
The precise organization, composition, and nature of any separate legal or administrative entity created by the agreement, together with the powers delegated thereto, provided that the entity may be legally created;
(3)
Its purpose;
(4)
The manner of financing the joint or cooperative undertaking and of establishing and maintaining a budget, provided that the 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 of it;
(5)
The permissible methods to be employed in accomplishing the partial or complete termination of the agreement and for disposing of property upon the partial or complete termination; and
(6)
Any other necessary and proper matters.
Acts 1971, No. 237, § 4; A.S.A. 1947, § 82-2704.
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 2 - SOLID WASTE MANAGEMENT ACT (§§ 8-6-201 — 8-6-223) › Section 8-6-214 - Records and examinations

(a)
The owner or operator of any permitted facility or site shall establish and maintain such records, make such reports, install, use, and maintain such monitoring equipment or methods, take such samples, perform such tests, and provide such other information to the Division of Environmental Quality as the Director of the Division of Environmental Quality may reasonably require.
(b)
The division or any authorized employee or agent may examine and copy any books, papers, records, or memoranda pertaining to the operation of the facility or site.
(c)
The division or any authorized employee or agent may enter upon any public or private property for the purpose of obtaining information or conducting surveys or investigations necessary or appropriate for the purpose of this subchapter.
(d)
(1)
(A)
Any records, reports, or information obtained under this subchapter and any permits, permit applications, and related documentation shall be available to the public for inspection and copying.
(B)
Upon a satisfactory showing to the director that the records, reports, permits, documentation, or information, or any part thereof, if made public, would divulge methods or processes entitled to protection as trade secrets, then the director shall consider, treat, and protect such records, reports, or information as confidential.
(2)
(A)
As necessary to carry out the provisions of this subchapter, information afforded confidential treatment may be transmitted under a continuing restriction of confidentiality to other officers, employees, or authorized representatives of this state or of the United States if the owner or operator of the facility to which the information pertains is informed at least two (2) weeks prior to the transmittal and if the information has been acquired by the division under the provisions of this subchapter.
(B)
The provisions of this subdivision (d)(2) shall not be construed to limit the division's authority to release confidential information during emergency situations.
(3)
Any violation of this subsection shall be unlawful and constitute a misdemeanor.
Amended by Act 2019, No. 910,§ 2608, eff. 7/1/2019.
Acts 1971, No. 237, § 9; 1983, No. 666, § 1; A.S.A. 1947, § 82-2709; Acts 1999, No. 1164, § 63.
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 2 - SOLID WASTE MANAGEMENT ACT (§§ 8-6-201 — 8-6-223) › Section 8-6-219 - Applicants for permits - Applicability

(a)
An applicant for a new permit under this subchapter or the modification or transfer of a permit shall be a person, partnership, corporation, association, the State of Arkansas, a political subdivision of the state, an improvement district, a sanitation authority, or a solid waste board.
(b)
This section shall not apply to permits for landfills 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.
Amended by Act 2019, No. 693,§ 13, eff. 7/24/2019.
Acts 1991, No. 751, § 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 2 - SOLID WASTE MANAGEMENT ACT (§§ 8-6-201 — 8-6-223) › Section 8-6-221 - Review of rules

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,§ 541, eff. 7/24/2019.
Acts 1991, No. 751, § 4; 1997, No. 179, § 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 2 - SOLID WASTE MANAGEMENT ACT (§§ 8-6-201 — 8-6-223) › Section 8-6-222 - Standards for sites and facilities

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 the United States Government.
Acts 1993, No. 1280, § 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 3 - COUNTY SOLID WASTE MANAGEMENT SYSTEM AID FUND (§§ 8-6-301 — 8-6-307) › Section 8-6-301 - Definitions

As used in this subchapter, unless the context otherwise requires:
(1)
"County solid waste collection and disposal system" or "county solid waste management system" means and includes either of the following:
(A)
A county owned and operated solid waste management and disposal system funded by moneys appropriated by the quorum court;
(B)
A municipally owned and operated solid waste management and disposal system located within the county or adjoining counties operated under contract with the county whereby the county is provided access thereto, and the quorum court appropriates funds to defray the county's share of the cost of operating the facility;
(C)
A privately owned solid waste management and disposal system located within the county or an adjoining county in which the county has entered into a contract providing access and services of the facilities for the use and benefit of the county under the terms of which the county's share of the operating cost is funded by an appropriation made by the quorum court of the county; or
(D)
A solid waste collection and disposal system operated by two (2) or more counties or by one (1) or more counties and one (1) or more municipalities or operated by a private owner under a compact or agreement whereby each of the participating counties and municipalities has access to the facilities of the solid waste collection and disposal system and appropriates, through its governing body, funds to defray their respective shares of the cost of such facility; and
(2)
"Solid waste management system" means the entire process of storage, collection, transportation, processing, treatment, and disposal of solid waste.
Acts 1985, No. 986, § 1; A.S.A. 1947, § 13-564.
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 3 - COUNTY SOLID WASTE MANAGEMENT SYSTEM AID FUND (§§ 8-6-301 — 8-6-307) › Section 8-6-302 - County Solid Waste Management System Aid Fund

There is established in the State Treasury a fund to be known as the "County Solid Waste Management System Aid Fund", to consist of such special or general revenues or other moneys that may be deposited therein as provided by the General Assembly, to be used for the purpose of providing financial assistance to counties in the manner provided in this subchapter and for the establishment, expansion, maintenance, and operation of county solid waste collection and disposal systems.
Acts 1985, No. 986, § 1; A.S.A. 1947, § 13-564.
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 3 - COUNTY SOLID WASTE MANAGEMENT SYSTEM AID FUND (§§ 8-6-301 — 8-6-307) › Section 8-6-303 - Allocation of funds to counties - Distribution formula

All of the general revenues and special revenues and other funds deposited into the County Solid Waste Management System Aid Fund during each fiscal year shall be allocated by the Treasurer of State to each of the several counties in the state. The fund shall be distributed to such counties only as provided in this subchapter, on the basis of seventy-five percent (75%) divided equally among the seventy-five (75) counties of the state and twenty-five percent (25%) on the basis of population according to the most recent federal decennial census, with each county to receive an allocation thereof in the proportion that its population bears to the total population of the state.
Acts 1985, No. 986, § 2; A.S.A. 1947, § 13-565.
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 3 - COUNTY SOLID WASTE MANAGEMENT SYSTEM AID FUND (§§ 8-6-301 — 8-6-307) › Section 8-6-304 - Eligibility to receive funds

Before any county shall be eligible to receive its portion of the moneys in the County Solid Waste Management System Aid Fund during any fiscal year, the county, on or before the first day of the fiscal year, shall furnish the Treasurer of State the following information on forms to be developed by the Treasurer of State proof that:
(1)
The county operates or is in the process of establishing a solid waste management system for that county and that the solid waste management system is available to serve the residents of the county and may be available for service to various cities and towns within the counties through interlocal agreements, compacts, or authorities;
(2)
The quorum court of the county has established and approved a budget for the operation of the county solid waste management system for the fiscal year and has appropriated funds therefor in an amount sufficient to support not less than fifty percent (50%) of the costs of operating the solid waste management system. The funds appropriated therefor will be used solely for the cost of establishing, operating, and maintaining the solid waste management system, for the hiring of personnel, and for the acquisition of equipment and land required to operate the solid waste management system and disposal; and
(3)
The amount of funds allocated to the county for such year under this subchapter will be used exclusively for establishing, operating, and maintaining the solid waste management system and meeting the requirements of this subchapter, including the acquisition of land and the acquisition, maintenance, repair, and operation of equipment used in connection with the operation of the solid waste management system.
Acts 1985, No. 986, § 3; A.S.A. 1947, § 13-566.
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 3 - COUNTY SOLID WASTE MANAGEMENT SYSTEM AID FUND (§§ 8-6-301 — 8-6-307) › Section 8-6-305 - Failure to use funds - Misuse of funds

If any county fails during any fiscal year to expend an amount of county funds equal to at least fifty percent (50%) of the cost of operating its solid waste management system or uses any of the state funds allocated thereof under the provisions of this subchapter for any purpose other than as intended by this subchapter, then the county shall be ineligible to receive moneys during the next following fiscal year from the County Solid Waste Management System Aid Fund, but may make reapplication for state assistance funds during the year next following thereafter, upon offering the appropriate assurances in writing that the county will meet the full requirements of the intent and purposes of this subchapter in the use of the funds.
Acts 1985, No. 986, § 3; A.S.A. 1947, § 13-566.
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 3 - COUNTY SOLID WASTE MANAGEMENT SYSTEM AID FUND (§§ 8-6-301 — 8-6-307) › Section 8-6-306 - Reapportionment of funds

If any county fails to qualify for its proportionate share of the moneys in the County Solid Waste Management System Aid Fund during any fiscal year, then the moneys shall be reapportioned among the various counties which qualify to receive their proportionate share of the fund moneys during the fiscal year, in accordance with the distribution formula set forth in §
8-6-303
. The Treasurer of State shall monthly distribute moneys to the eligible counties as authorized in this subchapter in the same manner as other county aid funds are distributed. The moneys shall be credited and used solely for the support and operation of the county solid waste management system.
Acts 1985, No. 986, § 4; 1985, (1st Ex. Sess.), No. 5, § 1; A.S.A. 1947, § 13-567.
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 3 - COUNTY SOLID WASTE MANAGEMENT SYSTEM AID FUND (§§ 8-6-301 — 8-6-307) › Section 8-6-307 - Transfer of funds - Exemption

(a)
The moneys saved from Acts 1985, No. 994, which reduced contributions made by the state for state employees who are employed by a state agency funded, in whole or in part, with general revenues, shall be set aside and implemented by the Chief Fiscal Officer of the State and the Treasurer of State in the amount and in accordance with procedures set forth in this section.
(b)
(1)
Beginning the month after the month in which such reductions in retirement contributions occur, the Chief Fiscal Officer of the State shall determine the amount of the general revenue savings, by fund or fund account, based upon the previous month's payroll deductions for retirement contributions to the Arkansas Public Employees' Retirement System.
(2)
During each fiscal year, the Chief Fiscal Officer of the State shall cause to be transferred on his or her books and those of the Treasurer of State the amount of the monthly general revenue savings from each affected fund or fund account to the Revenue Holding Fund Account before the close of business on the last day of each month until an aggregate of five million dollars ($5,000,000) of general revenue savings during each fiscal year has been transferred to the Revenue Holding Fund Account from those sources, and monthly transfers of the general revenue savings to the Revenue Holding Fund Account shall cease for the remainder of that fiscal year.
(c)
The Treasurer of State shall, after providing for the distribution of general revenues available for distribution, transfer the total amount of such general revenue savings as certified to the Treasurer of State by the Chief Fiscal Officer of the State from the Revenue Holding Fund Account to the County Solid Waste Management System Aid Fund, to be used to make monthly distributions therefrom in the manner provided by law to the respective counties of this state to be used for the support of the county solid waste management system as provided in this subchapter.
(d)
The Division of Correction is exempt from the provisions of this section.
Amended by Act 2019, No. 910,§ 688, eff. 7/1/2019.
Acts 1985, No. 986, § 4; 1985 (1st Ex. Sess.), No. 5, § 1; A.S.A. 1947, § 13-567; Acts 1987, No. 551, § 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 4 - LITTER CONTROL ACT (§§ 8-6-401 — 8-6-418) › Section 8-6-401 - Title

This subchapter shall be cited and known as the "Litter Control Act".
Acts 1977, No. 883, § 1; A.S.A. 1947, § 82-3901.
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 4 - LITTER CONTROL ACT (§§ 8-6-401 — 8-6-418) › Section 8-6-402 - Purpose

The purpose of this subchapter is to accomplish the control of litter, inoperative household appliances, and junk motor vehicles throughout the state by regulating their disposal. The intent of this subchapter is to add to existing litter control, removal, and enforcement efforts and not to terminate or supplant such efforts, as well as the compatible goal of improving the quality of life for all the citizens of Arkansas.
Acts 1977, No. 883, § 1; A.S.A. 1947, § 82-3901.
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 4 - LITTER CONTROL ACT (§§ 8-6-401 — 8-6-418) › Section 8-6-404 - Disposition of fines collected

All fines collected under §§
8-6-406
-
8-6-408
shall be deposited as follows:
(1)
If a municipality or county where the offense occurs is a certified affiliate of Keep Arkansas Beautiful or Keep America Beautiful, Inc., and participates in litter-control programs conducted by these organizations, then the moneys from fines collected for offenses in that jurisdiction shall be deposited, according to accounting procedures prescribed by law, into the city general fund or the county general fund to be used for the purpose of community improvement as determined by the municipal or county governing body; or
(2)
If the municipality or county where the offense occurs is not a certified affiliate of Keep Arkansas Beautiful or Keep America Beautiful, Inc., or does not participate in litter-control programs conducted by these organizations, then the moneys from fines collected for offenses in those jurisdictions shall be remitted by the tenth day of each month to the Administration of Justice Funds Section, on a form provided by the Office of Administrative Services of the Department of Finance and Administration, for deposit into the Keep Arkansas Beautiful Fund Account to be used by the Keep Arkansas Beautiful Commission, as appropriated by the General Assembly, for the purposes of encouraging litter prevention and anti-litter education and increasing awareness of litter law enforcement statewide.
Amended by Act 2015, No. 1264,§ 3, eff. 7/22/2015.
Acts 1977, No. 883, §§ 7, 11; 1981, No. 841, §§ 1, 2; A.S.A. 1947, §§ 82-3907, 82-3911; Acts 1993, No. 727, § 1; 1995, No. 979, § 1; 2001, No. 145, § 1; 2003, No. 1765, § 3; 2005, No. 646, § 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 4 - LITTER CONTROL ACT (§§ 8-6-401 — 8-6-418) › Section 8-6-405 - Injunction

In addition to all other remedies provided by this subchapter, the Division of Environmental Quality, the Attorney General, the prosecuting attorney of a county where any violation of any provision of this subchapter occurs, or any citizen, resident, or taxpayer of the county where a violation of any provision of this subchapter occurs may apply to the circuit court or the judge in vacation of the county where the alleged violation occurred for an injunction to restrain, prevent, or abate the maintenance and storage of litter, junk motor vehicles, old vehicle tires, or inoperative or discarded household appliances in violation of any provision of this subchapter.
Amended by Act 2019, No. 910,§ 2617, eff. 7/1/2019.
Acts 1977, No. 883, § 16; A.S.A. 1947, § 82-3916; Acts 1991, No. 516, § 1; 1999, No. 1164, § 64.
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 4 - LITTER CONTROL ACT (§§ 8-6-401 — 8-6-418) › Section 8-6-408 - Discarding certain items prohibited

(a)
It is unlawful for a person to place or cause to be placed any junk motor vehicle, old vehicle tire, or inoperative or abandoned household appliance, or part of a junk motor vehicle, old vehicle tire, or inoperative or abandoned household appliance upon the right-of-way of any public highway, upon any other public property, or upon any private property that he or she does not own, lease, rent, or otherwise control, unless it is at a salvage yard, a permitted disposal site, or at the business establishment of a demolisher.
(b)
A person who violates this section upon conviction is guilty of:
(1)
A violation for a first offense and shall be fined one thousand dollars ($1,000) and sentenced to one hundred (100) hours of community service; and
(2)
A Class A misdemeanor for a second or subsequent offense.
Amended by Act 2015, No. 1264,§ 6, eff. 7/22/2015.
Acts 1977, No. 883, § 10; A.S.A. 1947, § 82-3910.
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 4 - LITTER CONTROL ACT (§§ 8-6-401 — 8-6-418) › Section 8-6-409 - Prima facie evidence against drivers

If the throwing, dumping, or depositing of litter was done from a vehicle, except a motor bus, it shall be prima facie evidence that the throwing, dumping, or depositing was done by the driver of the vehicle.
Acts 1977, No. 883, § 5; A.S.A. 1947, § 82-3905.
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 4 - LITTER CONTROL ACT (§§ 8-6-401 — 8-6-418) › Section 8-6-410 - Notice to the public required

The state shall erect signs containing pertinent portions of this subchapter along the public highways of this state and in all campgrounds and trailer parks, forestlands, and recreational areas, at all public beaches, and at other public places where persons are to be informed of the existence and content of this subchapter and the penalties for violating this subchapter's provisions.
Acts 1977, No. 883, § 8; A.S.A. 1947, § 82-3908.
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 4 - LITTER CONTROL ACT (§§ 8-6-401 — 8-6-418) › Section 8-6-411 - Litter receptacles

The state shall place litter receptacles along public highways in appropriate numbers to provide motorists with convenient methods of litter disposal.
Acts 1977, No. 883, § 9; A.S.A. 1947, § 82-3909.
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 4 - LITTER CONTROL ACT (§§ 8-6-401 — 8-6-418) › Section 8-6-412 - Enforcement generally

(a)
All Arkansas-certified law enforcement officers:
(1)
Shall enforce this subchapter;
(2)
May issue citations to or arrest persons violating any provision of this subchapter; and
(3)
(A)
May serve and execute all warrants, citations, and other process issued by the courts in enforcing this subchapter.
(B)
In addition, mailing by registered mail of the process to the person's last known place of residence shall be deemed as personal service upon the person charged.
(b)
(1)
All certified law enforcement officers may serve and execute all warrants, citations, and other process issued by the courts in enforcing this subchapter.
(2)
In addition, mailing by registered mail of the process to the person's last known place of residence shall be deemed as personal service upon the person charged.
Amended by Act 2019, No. 1067,§ 4, eff. 5/1/2020.
Acts 1977, No. 883, § 3; A.S.A. 1947, § 82-3903; Acts 1999, No. 386, § 1; 2005, No. 75, § 1; 2007, No. 377, § 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 4 - LITTER CONTROL ACT (§§ 8-6-401 — 8-6-418) › Section 8-6-413 - Authority to take possession of discarded items - Notice

(a)
(1)
Any enforcement agency described in §
8-6-412
which has knowledge of, discovers, or finds any junk motor vehicle, old vehicle tire, or inoperative or discarded household appliance on either public or private property may take it into custody and possession.
(2)
The enforcement agency may employ its own personnel, equipment, and facilities or hire persons, equipment, and facilities for the purpose of removing, preserving, and storing junk motor vehicles, old vehicle tires, or inoperative or abandoned household appliances.
(b)
(1)
However, before taking any junk motor vehicle into custody and possession from private property, the enforcement agency shall give the private property owner and the owner of the junk motor vehicle, if ascertainable, thirty (30) days' notice by registered or certified mail or seventy-two (72) hours' notice by personal service that such an action will be taken unless the junk motor vehicle is:
(A)
Restored to a functional use;
(B)
Disposed of by the owner in a manner not prohibited by this subchapter; or
(C)
Placed in an enclosed building.
(2)
The thirty-days' or seventy-two-hours' notice under subdivision (b)(1) of this section may be waived by the owners of the property.
Acts 1977, No. 883, § 12; A.S.A. 1947, § 82-3912; Acts 2005, No. 1222, § 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 4 - LITTER CONTROL ACT (§§ 8-6-401 — 8-6-418) › Section 8-6-415 - Sale of junk motor vehicles and discarded items

(a)
If a junk motor vehicle is not reclaimed as provided for in §
8-6-414
, the enforcement agency in possession of the junk motor vehicle shall sell it either at a public auction or to a salvage yard or demolisher. The purchaser of the junk motor vehicle shall take title to the junk motor vehicle free and clear of all liens and claims of ownership and shall receive a sales receipt from the enforcement agency which disposed of the junk motor vehicle. The sales receipt at the sale shall be sufficient title only for purposes of transferring the junk motor vehicle to a salvage yard or to a demolisher for demolition, wrecking, or dismantling. No further titling of the junk motor vehicle shall be necessary by either the purchaser at the auction, the salvage yard, or the demolisher, who shall be exempt from the payment of any fees and taxes.
(b)
When an enforcement agency has in its custody and possession old vehicle tires or inoperative or discarded household appliances collected in accordance with §
8-6-413
, it shall sell property, from time to time, at public auction or to a salvage yard or demolisher.
Acts 1977, No. 883, § 14; A.S.A. 1947, § 82-3914.
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 4 - LITTER CONTROL ACT (§§ 8-6-401 — 8-6-418) › Section 8-6-416 - Disposition of sale proceeds

(a)
From the proceeds of any sale, the enforcement agency which sold the junk motor vehicle, old vehicle tire, or inoperative or discarded household appliance shall reimburse itself for any expenses it may have incurred in removing, towing, preserving, and storing the property and for the expenses of conducting any auction and any notice and publication expenses incurred pursuant to this subchapter.
(b)
Any remainder from the proceeds of the sale shall be deposited into the State Treasury to be kept and maintained in the Litter Control Account. Any remainder from the proceeds of the sale of a junk motor vehicle after payment of the expenses shall be held for the last registered owner of the junk motor vehicle or any lienholder for ninety (90) days, after which time, if no owner or lienholder claims the remainder, it shall be deposited into the account.
(c)
Any moneys so collected and deposited into the account shall be used solely for the payment of auction, towing, removing, preserving, storing, notice, and publication costs which result from taking other junk motor vehicles, old vehicle tires, and inoperative or discarded household appliances into custody and possession.
Acts 1977, No. 883, § 15; A.S.A. 1947, § 82-3915.
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 5 - ILLEGAL DUMP ERADICATION AND CORRECTIVE ACTION PROGRAM ACT (§ 8-6-501) › Section 8-6-501 - et seq - [Repealed]

Repealed by Act 2019, No. 1067,§ 5, eff. 5/1/2020.
Acts 1995, No. 502, § 1; 1997, No. 938, § 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 8-6-601 - Title

This subchapter may be known and cited as the "Solid Waste Management and Recycling Fund Act".
Acts 1989, No. 849, § 1; 1989, No. 934, § 1.