207.00.20 Ark. Code R. 002
Ark. Code Ann. § 8-6-712 authorizes regional solid waste management boards to
Pursuant to ACA 8-6-713, 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:
The board shall not 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.
The board shall not impair any existing bond issue or other financial obligation of a municipality, county, improvement district, or sanitation authority.
Pursuant to ACA 8-6-715, in the event that necessary lands needed for the accomplishment of the purposes authorized by this chapter cannot be acquired by negotiation, any district is authorized to acquire the needed lands by condemnation proceedings under the power of eminent domain.
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.
As a part of the proceedings, the district shall file an environmental impact statement with the court. Nothing herein shall allow the 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.
Unless otherwise noted, all terms contained in these rules are defined as set forth in any current version of any Pollution Control and Ecology Commission Rules. Any changes made by the Commission shall be considered immediately engrossed within these rules. Should a conflict in definition arise, the terms are defined by their plain meaning.
This section contains definitions for terms that may appear throughout these rules. Additional definitions may appear as needed for specific chapters. Except where noted otherwise, the term 'may' is permissive and the term 'shall' is a directive or requirement. When used in the rules:
Active life means the period of operation beginning with the initial receipt of solid waste and ending at completion of closure activities, but not including the post closure care period.
Active portion means that part of a facility or unit that has received or is receiving wastes and has received only a six inch daily cover layer or a layer of approved alternative cover materials as required by Reg.22.413 (a) and (b). The active portion does not include areas that have received the intermediate cover layer described in Reg.22.413 (b) or that have been closed in accordance with the closure requirements of Reg.22.1301.
Administrative Procedure Act means the Arkansas Administrative Procedure Act codified at Ark. Code Ann. §§ 25-15-201 to 214, as amended from time to time.
ADEQ means the Arkansas Division of Environmental Quality.
Agent of the Grantee means any corporation, Profit or nonprofit, or any person rendering services to the grantee under the terms of this rule and under the terms of a written agreement with the grantee for the stated purpose of implementing the grantee's solid waste programs.
Applicant means a District as defined in A.C.A. § 8-6-702, a local government, or a delegated authority or agent of such District or government that makes application for a grant pursuant to Commission Rule 11.
Adjudicatory Action means an action taken by the District to assess a penalty; suspend, revoke or deny a license or permit, or other punitive action against another person, with the exception of the denial of a Certificate of Need.
Airport means public-use airport open to the public without prior permission and without restrictions within the physical capacities of available facilities.
Aquifer means a geological formation, group of formations, or portion of a formation capable of yielding significant quantities of ground water to wells or springs. Significant quantities of ground water shall be a defined as an adequate amount of water to conduct all required analytical tests.
Areas susceptible to mass movement means those areas of influence (i.e., areas characterized as having an active or substantial possibility of mass movement) where the movement of earth material at, beneath, or adjacent to the unit, because of natural or man-induced events, results in the downslope transport of soil and rock material by means of gravitational influence. Areas of mass movement include, but are not limited to, landslides, avalanches, debris slides and flows, soil fluxion, block sliding, and rock fall.
Beneficial Fill means materials for use in filling low areas, improving drainage or stabilizing slopes or embankments. However, placement of beneficial types of fill material into a prepared hole may not be considered 'beneficial,' but may constitute unpermitted disposal. Projects that incorporate the use of beneficial fill material shall generally be completed within less than 60 days.
Beneficial fill material includes asphalt, brick, concrete, ceramics, and uncontaminated soil or dirt. Additional materials may be considered by the Director on a case- by -case basis prior to initiation of fill activity. Nothing in this section is to preclude the use of recovered materials as cited in Reg.22.103 (i) and (j).
Bird hazard means an increase in the likelihood of bird/aircraft collisions that may cause damage to the aircraft or injury to its occupants.
Board means the Board of Directors of the Benton County Regional Solid Waste Management District.
Certificate of Need means a certificate issued by the Board to any person proposing to obtain a permit for a solid waste facility.
Certificate of Need Review means review of the application for a Certificate of Need.
Class 1 wastes means nonhazardous household, commercial, and industrial solid waste as defined herein; and small quantities of conditionally exempt hazardous wastes.
Class 3 wastes means nonhazardous commercial, industrial and special solid wastes that are permitted by the Department to be disposed of in a Class 3 landfill.
Class 4 wastes means nonhazardous, bulky, inert, non-putrescible solid wastes that do not degrade, or degrade very slowly and are permitted by the Department to be disposed of in a Class 4 landfill. Class 4 wastes include construction and demolition wastes, appliances, furniture, stumps, limbs and other bulky wastes that are not normally collected with other household, commercial or industrial waste.
Commercial solid waste means all types of solid waste generated by stores, offices, restaurants, warehouses, and other nonmanufacturing activities, excluding household and industrial waste.
Commission means the Arkansas Pollution Control & Ecology Commission.
Compacted Cubic Yard of Waste means a volume equal to 3' x 3' x 3' of solid waste which has received any amount of mechanical compaction.
Composting means the deliberate aerobic, biological decomposition of yard waste or other solid waste, resulting in a stable humus-like product.
Construction of permitted facilities or Construction refers to activities for which regulatory design and construction standards are provided herein. Clearing and grubbing, ingress and egress roadways, storm water facilities, office and garage buildings, scales, electrical and water utilities, purchasing of rolling equipment, and site monitoring wells are not considered as construction of permitted landfill disposal facilities. However, the construction of the items listed above shall have no bearing on the approval or disapproval of an application, nor shall the construction activities relieve the applicant from meeting any design or construction requirements. The Initiation of Construction of permitted landfill disposal facilities does refer to the construction of clay liner system or composite liner system, leachate control and management systems.
The Initiation of Construction of other types of permitted solid waste management or processing facilities shall refer to any activities including and following the construction of footings or foundation.
Construction and Demolition (C&D) waste means any and all material and debris that might result from the construction or demolition of any building or other manmade structure including but not limited to single and multifamily dwellings, commercial buildings, road and highway construction and repair, remodeling and additions to existing structures and roofing. Materials may include (but are not limited to) dimensional lumber, roofing materials, bricks, concrete blocks, siding, gypsum (drywall), masonry, metal, cardboard, concrete with and without rebar, fill materials (including earth, gravel and stone), glass, and any other material that may be used in any construction project or may be salvaged from any demolition project.
Construction and Demolition Recycling Facility (C&DRF) means a facility that provides for the extraction from mixed construction and demolition waste of recoverable materials.
Construction Quality Assurance refers to the means and actions used to assure conformity of the liner and cover system component production and installation to the approved Construction Quality Assurance Plan.
Construction Quality Control means those actions taken by manufacturers, fabricators, and/or installers to ensure that materials and workmanship meet the requirements of the approved Construction Quality Assurance Plan.
Contaminated soils means those soils that have been physically, chemically, or biologically altered from their natural state. As used in this rule, a soil is contaminated if it has come into contact and/or mixed with some other substance such that the soil or substance and soil mixture is a threat to human health or the environment, and requires remediation, treatment, or disposal in accordance with these rules to mitigate such threats.
Department means the Department of Energy and Environment of the State of Arkansas, or its successor, including the Director and Department Staff.
Design Narrative means that portion of the narrative that describes the design of the solid waste management facility.
Destruction or adverse modification means a direct or indirect alteration of critical habitat that appreciably diminishes the likelihood of the survival and recovery of threatened or endangered species using that habitat.
Director means the Director of the Arkansas Department of Energy and Environment or the Director's designee.
Disease vectors means any rodents, flies, mosquitoes, or other animals, including insects, capable of transmitting disease to humans.
Displacement means the relative movement of any two sides of a fault measured in any direction.
Disposal means abandoning, depositing, releasing, dumping, spilling, leaking, or placing of any solid waste into or on any land or water so that such solid waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any water.
Disposal site or Disposal facility means any place at which solid waste is dumped, abandoned, or accepted or disposed of for final disposition by incineration, land filling or any other method. The operations of wastewater treatment facilities permitted under the National Pollutant Discharge Elimination System (NPDES), Underground Injection Control (UIC) program and hazardous waste management facilities permitted under the Arkansas Hazardous Waste Management Act (A.C.A. ' 8-7- 201 et seq.) shall not be deemed to be disposal sites or facilities for the purposes of this Rule.
Directors means the members of the Board of Directors of the Benton County Regional Solid Waste Management District.
District means the Benton County Regional Solid Waste Management District, which includes all of Benton County and the municipalities within the county.
Endangered or threatened species means any species listed as such pursuant to Section 4 of the Endangered Species Act.
Executive Director means the Director of the Benton County Regional Solid Management Waste District.
Existing municipal solid waste landfill unit means any municipal solid waste landfill unit that is receiving solid waste as of the appropriate compliance dates specified in Reg.22.103 (f). Waste placement in existing units must be consistent with past operating practices or modified practices to ensure good management.
Facility means all contiguous land and structures, other appurtenances, and improvements on the land used for the disposal, treatment or processing of solid waste.
Fault means a fracture or a zone of fractures in any material along which strata on one side have been displaced with respect to that on the other side.
Floodplain means the lowland and relatively flat areas adjoining inland and coastal waters, including flood prone areas of offshore islands, that are inundated by the 100-year flood.
Gas condensate means the liquid generated as a result of gas recovery processes at the landfill.
General Permit means a single common permit issued by the Department following public notice and comment for a class of solid waste processing facility owners and operators. Eligible owners and operators may construct and operate under the terms of the general permit without obtaining an individual permit.
Ground water or groundwater means water below the land surface in a zone of saturation.
Grant Decisions means final administrative decisions by the Director on all applications for grants pursuant to the Department's administration of grant programs represented under this rule and the final decision of the Director on any disputes arising under any such grant.
Grant Round means a single grant cycle that the Department opens with the acceptance of new applications for funding and ends with the disbursement of grant awards from funds available for the grant cycle.
Grantee means the grant applicant awarded funding for a grant proposal.
Hauler means a person engaged in the collection or transportation of solid waste for disposal, transfer or storage. Hauler does not include a person transporting non-commercial waste to a permitted facility.
Hazardous waste means a hazardous waste as defined by Rule Number 23 of the Pollution Control and Ecology Commission.
Hazardous waste generated by conditionally exempt small quantity generators means waste generated by persons meeting the criteria set forth at 40 CFR 261.5 as incorporated by reference in Rule Number 23 of the Pollution Control and Ecology Commission, or such lesser volumes as are identified by state rules that are in effect at the time of generation or storage of such waste.
Herbicide and pesticide container means a spent container that has contained (a) any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pests, (b) any substance or mixture of substances intended for use as a plant regulator, defoliant, desiccant, and (c) any substance or mixture of substances intended to be used as a spray adjuvant and not controlled by the Arkansas Hazardous Waste Management Act [A.C.A. ' 8-7-201 et seq.] and Rule Number 23 of the Pollution Control and Ecology Commission.
Highly toxic pesticide container means a spent container that has contained any pesticide determined to be a highly toxic pesticide that under the authority of Section 25 (a)(2) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) the Arkansas Hazardous Waste Management Act (A.C.A. 8-7-201 et seq.) and Rule Number 23 of the Pollution Control and Ecology Commission.
Holocene means the most recent epoch of the Quaternary period, extending from the end of the Pleistocene Epoch to the present.
Household waste means any solid waste (including garbage, trash, and sanitary waste in septic tanks) derived from households (including single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds, and day-use recreation areas).
In-Kind Contribution means a contribution to a grant or fund project, which is not cash, but has value, such as real estate, goods or services, which is provided by the grantee or another contributor.
Incinerator ash means any tangible residue resulting from the incineration of solid waste.
Individual permit means a permit issued by the Director to a person as defined herein for the construction of a solid waste disposal or processing facility pursuant to the requirements of Commission Rule 22.
Industrial solid waste means solid waste generated as a result of manufacturing or industrial processes that is not a hazardous waste regulated under Subtitle C of RCRA or as defined by Commission Rule Number 23, Sections 260.10 and 261.3, of the Pollution Control and Ecology Commission. Such waste may include, but is not limited to, waste resulting from the following manufacturing or industrial processes: Electric power generation; fertilizer/agricultural chemicals; food and related products/by-products; inorganic chemicals; iron and steel manufacturing; leather and leather products; nonferrous metals manufacturing/foundries; organic chemicals; plastics and resins manufacturing; pulp and paper industry; rubber and miscellaneous plastic products; stone, glass, clay, and concrete products; textile manufacturing; transportation equipment; and water treatment. This term does not include mining waste or oil and gas waste.
Infectious waste means laboratory wastes, including pathological specimens (i.e., all tissues, specimens of blood elements, excreta and secretions obtained from patients and laboratory animals) and disposal fomites (any substance which may harbor or transmit pathogenic organisms) attendant thereto. It also means surgical operating room pathologic specimens and disposal fomites attendant thereto and similar disposal materials from out-patient areas and emergency rooms, including equipment, instruments, utensils and fomites of a disposal nature from the rooms of patients who are suspected to have or have been diagnosed as having a communicable disease and must, therefore, be isolated, as required by public health agencies.
Interested persons means the applicant and any persons who submit public comments during the comment period either in writing or verbally at the public hearing.
Karst terrains means areas where karst topography, with its characteristic surface and subterranean features, is developed as the result of dissolution of limestone, dolomite, or other soluble rock.
Characteristic physiographic features present in karst terranes include, but are not limited to, sinkholes, sinking streams, caves, large springs, and blind valleys.
Land application unit means an area where wastes are applied onto or incorporated into the soil surface (excluding manure spreading operations) for agricultural purposes or for treatment and disposal.
Landfill or landfill unit means a discrete area of land or an excavation that is permitted by ADEQ and receives solid waste for disposal, and that is not a land application unit, surface impoundment, injection well or waste pile, as those terms are defined under 40 CFR 257.2.
Landfill Gate means the entry point at a solid waste management landfill facility at which the waste is received from the landfill customer, the waste is weighed or measured, waste receipt fees are determined, and waste tickets are issued, except those landfills where a private industry bears the expense of operating and maintaining the landfill solely for the disposal of waste generated by the industry or wastes of a similar kind or character.
Lateral expansion means a horizontal expansion of the waste boundaries of an existing municipal solid waste landfill unit.
Leachate means a liquid that has passed through or emerged from solid waste and contains soluble, suspended, or miscible materials removed from such waste.
Lithified earth material means all rock, including all naturally occurring and naturally formed aggregates or masses of minerals or small particles of older rock that formed by crystallization of magma or by induration of loose sediments. This term does not include man-made materials, such as fill, concrete, and asphalt, or unconsolidated earth materials, soil, or regolith lying at or near the earth surface.
Liquid waste means any waste material that is determined to contain "free liquids" as defined by Method 9095 (Paint Filter Liquids Test), as described in "Test Methods for Evaluating Solid Wastes, Physical/Chemical Methods" (EPA Pub. No. SW-846).
Material Recycling Facility or MRF means a facility engaged solely in practices related to the management or diversion of source separated recoverable materials from the waste stream including storage, processing, marketing or reuse of recovered materials. Such term shall not include a solid waste recovery or handling facility provided; however, that any solid waste generated by such facility shall be subject to all applicable laws and rules relating to such solid waste.
Maximum horizontal acceleration in lithified earth material means the maximum expected horizontal acceleration depicted on a seismic hazard map, with a 90 percent or greater probability that the acceleration will not be exceeded in 250 years, or the maximum expected horizontal acceleration based on a site-specific seismic risk assessment.
Medical waste means a waste from health care related facilities which if improperly treated, handled or disposed of may serve to transmit an infectious disease(s) and as further defined by A.C.A. 20-32-101 et seq.
Monofill means a separately permitted landfill or landfill unit specifically designed and operated for the sole disposal of incinerator ash, sludge, tires, or other wastes where only a single type of waste is placed in the landfill unit.
Municipal landfill means a discrete area of land or an excavation that receives household waste, and that is not a land application unit, surface impoundment, injection well, or waste pile, as those terms are defined under 40 CFR 257.2. A municipal solid waste landfill unit also may receive other types of RCRA subtitle D wastes, such as commercial solid waste, nonhazardous sludge, conditionally exempt small quantity generator waste and industrial solid waste. Such a landfill may be publicly or privately owned. A municipal solid waste landfill unit may be a new municipal solid waste landfill unit, an existing municipal solid waste landfill unit or a lateral expansion.
Municipality means a city of the first class or city of the second class or an incorporated town.
Narrative means the document or documents provided with the permit application that includes all written documentation required by the Department to evaluate the proposed design, construction, and operation of the solid waste management facility.
New municipal solid waste landfill unit means any municipal solid waste landfill unit that has not received waste prior to the compliance dates specified in Reg.22.103 (f).
One hundred (100) -year flood means a flood that has a 1-percent or greater chance of recurring in any given year or a flood of a magnitude equaled or exceeded once in 100 years on the average over a significantly long period.
Open dump means a site that has been used for the disposal of solid waste which is not a permitted Solid Waste Facility.
Open burning means the combustion of solid waste without:
Operating Plan and Narrative means that portion of the narrative that describes the operating procedures of the solid waste management facility.
Operator means an individual or individuals charged with the responsibility of managing or operating a solid waste management facility or part of a facility, including the responsibility for assuring the operations of said facility is in accordance with the provisions of this rule and other applicable rules.
Owner means the person(s) who owns a solid waste management facility or part of a facility.
Permittee means any individual, corporation, company, firm, partnership, association, trust, local solid waste authority, institution, County, City, town or municipal authority or trust, venture or other legal entity holding a solid waste disposal permit, as provided in the Arkansas Solid Waste Management Act, A.C.A. § 8-6-201 et seq.
Person means any individual, corporation, company, firm, partnership, association, trust, state agency, government instrumentality or agency, institution, county, city, town or municipal authority or trust, venture or other legal entity, however organized.
Petroleum contaminated soils means those soils which have been physically, chemically or biologically altered by gasoline, diesel, and kerosene, heating oil, jet fuel or any other petroleum product.
Poor foundation conditions means those areas where features exist which indicate that a natural or man-induced event may result in inadequate foundation support for the structural components of a landfill unit.
Potentiometric surface means the surface to which water in an aquifer would rise by hydrostatic pressure.
Practices means the act or method of managing of solid waste.
Process Waste means solid waste resulting from an industrial or manufacturing processing operation.
Private Industry Landfill means a solid waste management landfill facility, subject to permitting requirements under Commission Rule 22, where private industry bears the expense of operating and maintaining the landfill solely for the disposal of wastes generated by the industry.
Putrescible wastes means solid waste which contains organic matter capable of being decomposed by microorganisms and of such a character and proportion as to be capable of attracting or providing food for birds and other potential disease vectors.
Recovered Materials includes but is not limited to metal, paper, glass, plastic, textile, yard trimmings, or rubber materials that have known recycling potential, can be feasibly recycled, and have been diverted and source separated or have been removed from the solid waste stream for sale, use, or reuse as raw materials, whether or not the materials require subsequent processing or separation from each other, but does not include materials destined for any use that constitutes disposal.
Recycling or Recycling Activity means the systematic collection, sorting, decontaminating, and returning of waste materials to commerce as commodities for use or exchange by separating or diverting an item or items from the solid waste stream for the purpose of processing it or causing it to be processed into a material product, including compost, in order to provide for the final disposition of the material product in a manner other than landfilling or incineration.
Recyclable Materials Collection Center or Collection Center means a facility which receives or stores recyclable materials prior to transportation to material recovery facilities, markets for recycling, or disposal.
Recyclable Materials Collection System or Collection System means a type of recyclables collection which does not include the direct use of a recyclable materials collection system by the general public. Collection systems include curbside, house-to-house, and other such collection services provided to the general public, which directly receive and transport recyclable materials collection centers, material recovery facilities, or markets.
Regional Solid Waste Management Board means the Benton County Regional Solid Waste Management Board.
Regional Solid Waste Management District means the Benton County Regional Solid Waste Management District.
Rule means any District rule or statement of general applicability and future effect that implements, interprets, or prescribes law or mandatory policy, or describes the organization, procedure or practice of the District.
Rulemaking Action shall include any action by the District to adopt, amend or repeal and District Rule.
Run-off means any rainwater, leachate, or other liquid that drains over land from any part of a facility.
Safety means practices designed to reduce or prevent injury or damage to the public or to the environment.
Salvage means the approved, controlled removal of reusable material, but shall exclude food products and all other putrescible wastes.
Saturated zone means that part of the earth's crust in which all voids are filled with water.
Scavenging means the manual sorting and/or recovery of materials from the waste stream, either in the trucks, at the face of the fill, or in unconfined truck discharge areas by individuals not employed or associated with the landfill operation.
Seismic impact zone means an area with a two percent (2%) or greater probability that the maximum horizontal acceleration in lithified earth material, expressed as a percentage of the earth's gravitational pull will exceed 0.10g in fifty (50) years.
Sludge means any solid, semi-solid, or liquid waste generated from a municipal, commercial, or industrial wastewater treatment plant, water supply treatment plant, or air pollution control facility exclusive of the treated effluent from a wastewater treatment plant.
Solid Waste means any garbage, or refuse, sludge from a wastewater treatment plant, water supply treatment plant, or air pollution control facility and other discarded material, including solid, liquid, semi-solid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations, and from community activities, but does not include solid or dissolved materials in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges that are point sources subject to permit under 33 U.S.C. 1342, or source, special nuclear, or by-product material as defined by the Atomic Energy Act of 1954, as amended (68 Stat. 923).
Solid Waste boundary means the outermost perimeter of the solid waste (projected in the horizontal plane) as it would exist at completion of the disposal activity.
Solid Waste Facility means any facility which holds or should hold a facility permit issued by the Solid Waste Division of ADEQ, including but not limited to: landfills of any type, transfer stations, material recovery facilities, waste tire facilities, etc.
Solid Waste Management means management activities including, but not limited to, the storage, collection, transfer, transportation, treatment, utilization, processing, and final disposal of solid waste including, but not limited to, the prevention, reduction, or recycling of wastes.
Solid waste management plan means a plan developed according to the provisions of the Solid Waste Management Act, A.C.A. 8-6-201 et seq., and guidelines of the Department, and which is subject to approval by the Department.
Solid waste management system means the entire process of storage, collection, transportation, processing, treatment, and disposal of solid waste, and includes equipment, facilities and operations designed for solid waste management activities, including recycling, source reduction, and the enforcement of solid waste management laws and ordinances.
Solid Waste Material Recovery Facility means a Solid Waste handling facility, subject to permitting requirements under Rule 22, that provides for the extraction from mixed solid waste of recoverable materials, materials suitable for use as a fuel or soil amendment, or any combination of such materials.
Solid waste recovery facility (WRF) means a solid waste handling facility that provides for the extraction from mixed solid waste of recoverable materials, materials suitable for use as a fuel or soil amendment, or any combination of such materials. Due to the similarity of functions, WRF operations are required to meet all permitting requirements for transfer stations, including obtaining a certificate of need from the Regional Solid Waste Management District.
Solid waste processing facility means a composting facility, transfer station, solid waste recovery facility or other facility that handles or processes solid waste.
Source separated recovered materials means the recovered materials that have been separated from the solid waste stream at the point of generation or at a solid waste materials recovery facility. The term does not require that various types of recovered materials be separated from each other and recognizes de minimis solid waste, in accordance with industry standards and practices, may be included in the recovered materials.
Special materials means any materials that require special handling precautions and disposal procedures by the landfill owner or operator beyond the normal activities associated with landfill operations. Special materials includes those items listed in Chapter 7 of this Rule and other process wastes and conditionally exempt small quantity generator wastes requiring special handling procedures.
State means the State of Arkansas.
Surface impoundment or Impoundment means a facility or part of a facility that is a natural topographic depression, human-made excavation, or diked area formed primarily of earthen materials (although it may be lined with human-made materials), that is designed to hold an accumulation of liquid wastes or wastes containing free liquids and that is not an injection well. Examples of surface impoundments are holding, storage, settling, and aeration pits, ponds, and lagoons.
Structural components means landfill liners, leachate collection systems, final covers, run-on/run-off systems, and any other component used in the construction and operation of the unit that is necessary for protection of human health and the environment.
Taking of endangered species means harassing, harming, pursuing, hunting, wounding, killing, trapping, capturing, or collecting of an endangered species or attempting to engage in such conduct.
Tipping Fee means a charge made by any solid waste disposal, transfer, recycling or processing facility or a transporter to its customers for material received.
Ton means a short ton consisting of a net weight measure of two thousand pounds (2000 lbs.).
Transporter or Solid Waste Transporter or Hauler means any individual, corporation, company, firm, partnership, association, trust, local solid waste authority, institution, County, City, town, municipal authority or trust, venture or other legal entity transporting solid waste and licensed pursuant to the Regional Solid Waste Management Districts and Boards Act, A.C.A. § 8-6-701 et seq.
Transfer station means any facility used to manage the removal, segregation, processing, and transfer of solid waste from collection vehicles and containers, and from other private and commercial vehicles to greater capacity transport vehicles.
Type O Compost Material means source separated organic wastes, such as paper, food wastes, food processing wastes, or yard waste or municipal sewage sludge in combination with these wastes.
Type S Compost Material means mixed solid wastes such as household garbage, nonhazardous commercial wastes, or yard waste, source separated organic wastes, or sewage sludge in combination with these wastes.
Type Y Compost Material means yard waste and other vegetative materials such as grass clippings, leaves, and shredded or chipped brush, and tree prunings.
Unauthorized Waste means regulated hazardous wastes as defined in 40 CFR Part 261, polychlorinated biphenyls (PCB) wastes regulated under the Toxic Substances Control Act (TSCA) for disposal as defined in 40 CFR Part 761, and all other wastes which are not allowed for disposal due to the provisions of this rule, specific permit conditions, or not allowed by Arkansas law.
Uncompacted Cubic Yard of Waste means a volume equal to a 3' x 3' x 3' of solid waste which has received no amount of mechanical compaction.
Underground drinking water source means an aquifer supplying drinking water for human consumption, or an aquifer in which the ground water contains less than 10,000 mg/l total dissolved solids.
Unstable area means a location that is susceptible to natural or human-induced events or forces capable of impairing the integrity of some or all of the landfill structural components responsible for preventing releases from a landfill. Unstable areas can include poor foundation conditions, areas susceptible to mass movements, and Karst terranes.
Uppermost aquifer means the geologic formation nearest the natural ground surface that is an aquifer, as well as, lower aquifers that are hydraulically interconnected with this aquifer within the facility's property boundary.
Vector shall have the same meaning as "Disease vector".
Washout means the carrying away of solid waste by waters of the base flood.
Waste management unit boundary means a vertical surface located at the hydraulically down gradient limit of the unit. This vertical surface extends down into the uppermost aquifer.
Waste pile or Pile means any non-containerized accumulation of solid, non-flowing, waste that is used for treatment or storage.
Water table means the surface of unconfined water at which pressure is atmospheric and is defined by the levels at which water stands in wells that penetrate the ground water surface.
Wetlands means those areas of land that are defined in 40 CFR 232.2(r).
Pursuant to A.C.A. 25-15-204, The District shall afford all interested persons reasonable opportunity to submit written data, views, or arguments, orally or in writing prior to the adoption, amendment, or repeal of any District rule or rule unless an emergency is determined to exist as discussed in Section 2.06 of these rules..
The notice in § 2.02 shall solicit written comments from the public for a period of not less than thirty (30) days from the date of publication. The notice shall also provide the address where all comments should be sent.
Pursuant to ACA 14-14-108, the District shall hold a public hearing to take both oral and written testimony from the public for and against the proposed action. District staff shall give notice of the time, place, and purpose of the public hearing at least ten (10) days prior to the day on which the hearing is to be held, in a newspaper having a general circulation in the District.
Petitions and letters received by the District Staff prior to the hearing shall be entered into the minutes of the hearing and considered as other testimony received at the hearing;
A summary or transcript of the testimony received during the public hearing will be submitted to the Board prior to their determination.
Should the District find that imminent peril to the public health, safety or welfare or compliance with federal or state laws or rules requires adoption of a rule upon fewer than thirty (30) days notice, and states in writing its reasons for that finding, it may proceed without prior notice or hearing, or upon any abbreviated notice and hearing that it may choose, to adopt an emergency rule or rule. Any emergency rule so adopted may be effective for no longer than one hundred twenty (120) days.
The District shall accord any person the right to petition for the issuance, amendment, or repeal of any rule. Within thirty (30) days after submission of a petition, the District shall:
The District shall file with the Secretary of State, the Arkansas State Library and the Bureau of Legislative Research, a certified copy of each proposed rule and a statement of financial impact for the proposed rule. The scope of the financial impact statement shall be determined by the District but at a minimum shall include the estimated cost of complying with the rule and the estimated cost for the District to implement the rule. If the District has reason to believe that the development of a financial impact statement will be so speculative as to be cost prohibitive, the District shall submit a statement and explanation to that effect.
Each final rule or rule adopted by the District shall be effective thirty (30) days after filing with the Secretary of State unless a later date is specified by law or in the rule itself. However, an emergency rule or rule may become effective immediately upon filing, or at a stated time less than 30 days thereafter, if the District finds that this effective date is necessary because of imminent peril to the public health, safety or welfare. The District's finding and a brief statement of the reasons therefore shall be filed with the rule.
Before the effective date of a final rule or immediately upon adoption of an emergency rule, the District shall take appropriate measures to make the revised rule known to the persons who may be affected by them. These measures will include publishing on the District's website the following: the final rule; copies of all written comments submitted to the District regarding the rule; a summary of all written and oral comments submitted to the District regarding the rule and the District's response to those comments; a summary of the financial impact of the rule; and the proposed effective date of the final rule.
A copy of any rule adopted by the Board may be certified by signature of the Chairperson and Secretary of the Board, and by affixing the official seal of the District thereon.
The District shall maintain a certified copy of every rule or rule adopted by the District. This copy shall be kept at the principal office of the District. A copy of each notice of rulemaking shall also be kept on file at the District.
Every Rulemaking Action by the District shall be effective if the Rulemaking Action substantially complies with this A.C.A. 25-15-204.
If any law of the State of Arkansas or the United States shall require a different method for Rulemaking Action in a particular situation, the provisions of this Subchapter shall be preempted to the extent necessary to comply with State or Federal law. Whenever possible, the provisions of this Subchapter shall be interpreted to be consistent with requirements of State and Federal law.
The validity or applicability of a rule may be determined in an action for declaratory judgment if it is alleged that the rule, or its threatened application, injures or threatens to injure the plaintiff in his person, business, or property. The action may be brought in the circuit court of any county in which the plaintiff resides or does business or in Benton County Circuit Court. A declaratory judgment may be rendered whether or not the plaintiff has requested the agency to pass upon the validity or applicability of the rule in question.
If any provision of any District Rule or rule or the application thereof to any Person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of District Rules, which can be given effect without the invalid provision or application, and to this end the provisions of all District Rules shall be considered severable
Unless otherwise indicated within a subsequent chapter, the Executive Director, who shall keep a log of all complaints or violations, is granted the discretion and authority to assess monetary penalties for violations of District Rules as well as to revoke, suspend or deny a license or permit to any person for cause; after an attempt to resolve any violation of complaint informally. No less than twenty four (24) hours shall be granted to correct or remediate any complaint or violation.
Compliance and enforcement actions related to any subsequent chapter for which a separate Compliance and Enforcement Subchapter exists shall be exempt from action under this subchapter and will be subject to enforcement only under the appropriate Subchapter.
The written order adopted by the Board shall be the final agency action for the purpose of appeal to Circuit Court.
The appellant may appeal the final agency action of the Board to Circuit Court in Benton County in Arkansas.
Ark. Code Ann. § 8-6-706 authorizes Districts to adopt procedures for the issuance of Certificates of Need.
As required by Commission Rules, all applicants for a solid waste disposal or processing facility permit including but not limited to new solid waste landfill permit, new transfer station permit; new Solid waste recovery facility (WRF) permit, or for an expansion of the permitted capacity of an existing landfill, except for permits for Class 3N Noncommercial landfills, proposed to be located either wholly or partially within Benton County, must obtain a certificate of need from the District Board prior to applying for the permit from ADEQ.
At least fifteen (15) days prior to submitting an application for a Certificate of Need, the applicant must notify the District, in writing, of its intent to submit such an application. The Notice of Intent shall include the following information:
Persons requesting a Certificate of Need from the District must submit an application to the District. All applications for Certificates of Need shall include, at a minimum, the following information:
Within thirty (30) days of receipt of the initial application, the District will determine if the application is administratively complete and contains all required information, documents and submittals. Any additional information the District determines is necessary to make a decision on the need of the proposed facility will be requested within this time. If additional information is requested by the District, it will again determine completeness of the application within thirty (30) days of the receipt of the additional information.
Once the District has determined that an application for a Certificate of Need is administratively complete, it will so notify the applicant.
A public notice regarding the application for a Certificate of Need shall be prepared by the District for publication by the applicant. The public notice shall include the following:
Publication of notices shall be in the Newspapers of Northwest Arkansas. The public notice must be published at least twenty (20) days prior to the date of the public hearing.
The date of publication of the notice shall mark the beginning of a thirty (30) calendar day comment period in which any interested party may submit written comments to the District regarding the application for the Certificate of Need.
During the comment period, the District will conduct one or more public hearings within the municipality or county where the proposed facility or modification is to be located.
At the first regularly scheduled Board meeting following the close of the comment period, the Board will take up for consideration the application for a Certificate of Need. Those supporting the issuance of the Certificate of Need and those opposing the issuance of the Certificate of Need will be provided with a total of 10 minutes for each side to address the application. The Board may, at its discretion, table the decision on the application until a future Board meeting.
Once the Board has had sufficient time to thoroughly review all of the materials and comments related to the application for a Certificate of Need, the board shall issue or deny the Certificate of Need based upon an evaluation of:
Unless the Board has affirmatively issued or denied a Certificate of Need within one-hundred and twenty (120) days of the beginning of the comment period, the Certificate of Need will be deemed to have been denied.
The Board shall issue written findings when making a determination. The findings shall state the basis for issuing or denying the Certificate of Need. The findings will be sent to the following:
Any person with standing to a Certificate of Need determination shall have the right to appeal the issuance or denial of a Certificate of Need to the Director of ADEQ in accordance with ADEQ rules governing such appeals. Persons with standing to appeal the determination shall be only the applicant or permittee and those persons who submitted written or oral public comments for the record during the comment period designated by the District
The purpose of this rule is to protect the public health, welfare and the environment by providing for the rule of waste tire collection, storage, transporting, processing and disposal and to encourage reducing, reusing, recycling and retreading of waste tires.
Ark. Code Ann. § 8-9-403 et al and Commission Reg.14.501(A) states that District Boards are responsible for the administration of the Waste Tire Program within their respective service areas.
Unless otherwise noted, all terms contained in these rules are defined as set forth in any current version of any Pollution Control and Ecology Commission Rules. Any changes made by the Commission shall be considered immediately engrossed within these rules. Should a conflict in definition arise, the terms are defined by their plain meaning.
This section contains definitions for terms that appear in this subchapter. Except where noted otherwise, the term 'may' is permissive and the term 'shall' is a directive or requirement. When used in the rules:
Abatement means the removal of waste tires from stock piles or other sites with accumulations of whole or shredded scrap tires.
Automobile Tire means any motor vehicle tire with a load rating of "F" or lower.
Baling means a method of volume reduction whereby tires are compressed into bales.
Civil Engineering Application means the use of waste tires in lieu of or in addition to natural occurring materials (such as rock, sand, dirt, gravel) in construction. This definition does not include land reclamation.
Compacted and Baled Tires means tires that have been mechanically compressed and tied with interlocking wrappings that have been approved by the Department.
Disclosure Statement means a written statement regarding business and legal activities as defined in A.C.A. 8-1-106 et seq.
Distribution Cycle means a single quarterly funding cycle that the Department opens with the acceptance of District quarterly reports which detail monies received and expended, tires collected, and other program related information as determined by the Department; and ends with the distribution of grant monies from funds available for the distribution cycle.
Fee Paid Tire means waste tire in which a state waste tire fee has been collected, reported, and paid on the replacement tire sold at retail.
Grant Decisions means final administrative decisions by the Director on all applications for grants pursuant to the Department's administration of the Waste Tire Program created under A.C.A. ' 8-9-401 et seq. and the final decision of the Director on any disputes arising under any such grant.
Grant Round means a two-year grant cycle that the Department opens with the acceptance of new applications for funding and ends with eligibility approval to Districts to participate in quarterly distribution cycles during the given two-year period.
Load Rating means the system of trade designations that identifies the weight carrying capacity range of a tire.
Manufacture Reject Tire means a tire rendered defective in the manufacturing process.
Motor Vehicle means an automobile, motorcycle, truck, trailer, semitrailer, truck tractor and semitrailer combination, or any other vehicle operated primarily on the roads of the State of Arkansas:
Non-Fee Paid Tire means waste tire in which no state waste tire fee has been collected, reported, and paid on a replacement tire sold at retail.
Operator means any person who performs any operation at a permitted waste tire processing or disposal facility requiring individual judgment which may directly affect the proper operation of the facility. Operator shall not be deemed to include any official solely exercising general administrative supervision.
Permit means a written consent issued by the Department authorizing a person or business to construct, operate, and/or maintain a waste tire processing facility, a waste tire disposal facility or a waste tire collection center.
Permitted Site means any site used for collection, storage, processing, or disposal of waste tires which has a current valid operating permit issued by the Department.
Person means any individual, corporation, company, firm, partnership, association trust, state agency, government instrumentality or agency, institution, county city, town or municipal authority or trust, venture or other legal entity, however organized.
Processed Tire means tires and commingled tire parts and pieces that have been cut, shredded, or otherwise altered so that they are no longer whole and/or no longer identifiable.
Quantity means the weight, volume, or actual number of tires. For purposes of this rule, assume that there are one hundred (100) automobile tires per ton, twenty (20) truck tires per ton, and ten (10) tires per cubic yard.
Recycling means the systematic collecting, sorting, decontaminating and returning of waste materials to commerce as commodities for use or exchange.
Registered Professional Engineer means professional engineer registered in the State of Arkansas.
Registered Used Tire Dealer means a tire retailer who is registered with the Arkansas Department of Finance and Administration as a Waste Tire Fee Collecting Agent and who sells both new and used tires.
Residuals means any liquids, sludges, metals, fabric or by-products resulting from the processing or storage of tires. Residuals do not include processed tires held for recycling provided the conditions of Commission Rule 14, Chapter 13 are met.
Specialty Tire means any tire not specifically covered by any other definition in this section including without limitation traction engines, road rollers, vehicles that run only on a track, bicycles, and farm tractors and trailers.
Tire means a continuous solid or pneumatic rubber covering that is used for encircling the wheel of a motor vehicle.
Tire Derived Fuel (TDF) means fuel derived from whole tires or processed tires.
Tire Manufacturer means a manufacturing operation engaged in the final assembly of the basic components of a tire.
Tire Recycling means any process by which waste tires, processed tires, compressed and baled tires, or residuals are reused or returned to use in the form of products or raw materials.
Truck Tire means any motor vehicle tire with a rim size greater than nineteen inches (19") and a load rating of "F" or higher including without limitation wide-base or extra-wide single tire.
Used Tire means a tire that is repairable or retreadable for its original intended purpose but shall not include a tire being held for ninety (90) days or less for the purpose of retreading or repairing the tire.
Waste Tire means a whole tire that is no longer repairable or retreadable or no longer suitable for its original intended purpose because of wear, damage, or defect.
Waste Tire Collection Center means a site where used or waste tires are collected from the public prior to being offered for recycling or disposal and where fewer than three thousand (3,000) loosely stored tires are kept on the site on any given day or up to a maximum of ten thousand (10,000) tires which have been compacted and baled.
Waste Tire Generator means any person who generates by removing from rim for disposal or stores waste tires on property owned or leased by that person.
Waste Tire Management Facility means a facility involved in the collection, storage, recycling, processing and/or disposal of waste tires.
Waste Tire Monofill means a separately permitted landfill or landfill unit specifically designed and rated for the sole disposal of waste tires, and where the area has been prepared in such a manner that the tires can be recovered at a later date.
Waste Tire Originating from a Tire Manufacturer means those new tires which originate from a tire assembly process and are determined by the tire manufacturer to be either defective or unfit for use on a motor vehicle.
Waste Tire Processing Facility means a site where equipment is used to cut, chip, grind, or otherwise alter used or waste tires.
Waste Tire Site means a site at which one thousand (1,000) or more unpermitted used or waste tires are accumulated, whether loosely stored or compacted and baled, or a combination thereof.
Waste Tire Transporter means a person who collects and transports from one place to another, twenty-five (25) or more whole, used or waste tires, processed tires, or tire residuals for storage, processing, recycling, reuse, resale, or energy recovery.
Wide-base Tire or Extra-wide Single Tire means a tire approximately four hundred fifty-five millimeters (455 mm) wide that is used on a motor vehicle in which the front axle load exceeds the load capacity of a truck tire.
All applicants for a new solid waste facility permit including a waste tire facility permit, or for a modification or expansion of an existing permit, must obtain a certificate of need from the District prior to applying for the permit from ADEQ as outlined in Chapter B. All waste tire facilities are required to comply fully with all rules established by the Commission which relate to tires.
Proposed alternative end use projects shall require approval by both the District and the Department. The District shall be responsible for the initial review and approval of specific sites and corresponding construction specification and details. Upon approval by the District, the District shall submit a complete copy of the proposed project to the Department for the second level of review. The Department's review will include, at a minimum, environmental protection, technical adequacy, regulatory compliance, and grant funding eligibility, if applicable.
The District, at its discretion, may require the proposal to be prepared by a professional engineer, registered in the State of Arkansas. The proposal shall include the following information unless otherwise specified by the District in writing:
The following conditions shall be considered by the District in determining the appropriateness of proposed waste tire end use applications:
The District reserves the right to grant conditional approval for an alternative end use project and impose additional operating and/or design requirements as needed to ensure technical adequacy and protection of the environment.
The District may, at its discretion, require posting of separate financial assurance for a given application.
The following uses of waste tires may be exempted from the review and approval requirements of this Chapter as determined by the Department on a case-by-case basis. Approval for an exemption must be obtained prior to the initiation of any project listed below.
It shall be a violation for any person to fail to comply fully with any provision of Chapter C.
Any person who violates this Chapter 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.
The Executive Director is authorized to seek the approval of the Board to institute legal and/or equitable action in the appropriate courts to enforce any violation of Chapter C.
Any Person shall, upon the request of any District designee, furnish information relating to any activity at the waste tire facility or business and permit such designee at all times to have access to, and to copy all records relating to such activity. Any District designated person shall be allowed access to all requested records during normal business hours.
If any provision of these rules or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of these rules which can be given effect without the invalid provision or application, and to this end the provisions of these rules are declared to be severable.
Pursuant to Ark. Code Ann. § 8-6-721, and Commission Rule 22, the Board is charged with the responsibility of licensing Solid Waste Haulers within the District. The Regional Solid Waste Management Boards may impose more stringent standards than the minimum standards established by the Commission. The purpose of this licensing program is to protect the public health, safety and welfare by regulating and monitoring the collection, transportation and disposal of Solid Waste within the District.
As used in this Chapter, "Solid Waste Hauler" means any person engaged in the collection of Solid Waste within the District, and any Person engaged in the transportation of Solid Waste for disposal or storage within the District. "Solid Waste Hauler" does not include an individual transporting his own household waste to a permitted facility.
Pursuant to Ark. Code Ann. § 8-6-712, no person, other than as may be designated by the district, shall engage in the collection or utilization of solid waste within the district which would be competitive with the purposes or activities of the district.
The collection of solid waste within the boundaries of the district by any person not properly licensed by the District shall be prohibited.
A person who engages in hauling solid waste within Benton County must obtain a license from the District if:
Unless otherwise indicated, the provisions of this Chapter apply equally to Type I and Type II Haulers as defined in Commission Rule 22.203(d), and to other hauler designations that may be added by the Commission, from time to time.
Persons exempt from licensing shall comply with all other applicable standards required under this section or by District rules adopted pursuant to this section. For purpose of this section, a license shall not be required for:
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.
The District may engage in the hauling of solid waste within the District without licensure but shall comply with all applicable standards required under this section.
In order to be eligible for issuance of a Solid Waste Hauler's License by the Board, a Solid Waste Hauler must:
The Arkansas Pollution Control and Ecology Commission has established classifications of haulers, which are to be used by districts in licensing haulers. The classifications are based on the nature and size of the loads transported.
The following classification of haulers shall apply:
Any hauler applying for a license must establish financial responsibility to the Board. Proof of liability insurance, issued in the name of the hauling company, will be required. Proof of liability insurance which provides the name of the Solid Waste Hauler, business location address, vehicles covered by the policy and the limits of coverage will be considered adequate financial responsibility. Proof of insurance must be sent by fax or mail directly from the insurer to the District.
A Solid Waste Hauler's License shall be issued for a maximum of period of one (1) year, and shall be effective through December 31 of the current year, regardless of the date of issuance.
Applications for a license shall be mailed out by the District to each hauler and post marked no later than November 1st. If said applications are not mailed out by November 1st then the deadline to submit such shall be extended accordingly. Application packets shall be returned to the District no later than December 15th of each year except as stated above.
The Board delegates to the Executive Director the authority to issue a license to any Solid Waste Hauler who has demonstrated compliance with all requirements and procedures in this Chapter, and whose file is administratively complete, without further action by the Board.
Pursuant to Commission Rule 22.202, the District may set a reasonable licensing fee for each type of hauler and may establish licensing requirements based on size of the haulers' transport vehicle(s) Fees shall be assessed as follows:
Haulers licensing after the deadline imposed herein shall be assessed a penalty measured from fourteen (14) days after the due date as follows:
Any licensed Solid Waste Hauler who adds an additional vehicle during the calendar year shall have thirty (30) days to register the additional vehicle and pay the additional fee required, if any.
All collection systems and collection equipment used by Solid Waste Haulers shall meet the conditions outlined below. Failure to comply with these conditions may result in the denial, suspension or revocation of a Solid Waste Hauler's License.
These fees are payable directly to ADEQ as outlined in Commission Rule 22.
Any Solid Waste Hauler License may be suspended or revoked by the District if the Hauler is in violation of Federal, State, Local, or District laws, rules, or rules related to the collection, transportation, or disposal of Solid Waste, or any other law related to health, safety, or the environment.
The District may revoke or suspend a hauler's license under the following conditions.
Any person who engages in the business of collecting solid waste within the District without a valid license from the District shall be deemed guilty of a misdemeanor pursuant to Ark. Code Ann. § 8-6-722. 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.
Pursuant to ACA 8-6-722, any person who violates this Chapter 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.
Failure to register may subject the hauler to administrative penalties of not more than five hundred dollars ($500.00) and two (2) points for the first offense and not more than one thousand dollars ($1,000.00) and (4) four points for subsequent offenses. Each day or part of any day during which a violation is continued or repeated shall constitute a separate offense.
Failure to collect trash in a sanitary manner, failure to provide services paid for without good cause, failure to provide service when requested without good cause or failing to properly dispose of wastes collected may subject the hauler to administrative penalties of not more than two hundred and fifty dollars ($250.00) and one point for the first offense and not more than five hundred dollars ($500.00) and two (2) points for subsequent offenses. Each day or part of any day during which a violation is continued or repeated shall constitute a separate offense.
Failure to display the registration sticker, failure to notify the District of additional trucks, failure to display the haulers name and telephone number on the sides of vehicles, or other administrative violations may subject the hauler to administrative penalties of not more than one hundred dollars ($100.00) and one point for the first offense and not more than two hundred and fifty dollars ($250.00) and two (2) points for subsequent offenses. Each day or part of any day during which a violation is continued or repeated shall constitute a separate offense.
To be considered a subsequent offense, the repeat offense must occur within thirty-six months of the earlier offense
There shall be established on the books of the District a fund to be known as the Waste Hauler Trust Fund. Monies deposited in this fund shall be kept in a separate depository account.
Service will only be provided for the length of time paid for but not received.
ACA § 8-6-704(6) authorizes regional solid waste management boards to adopt such rules or rules pursuant to the Arkansas Administrative Procedure Act, § 25-15-201et seq., as are reasonably necessary to administer the duties of the board. Further, Act 1280 of 1993, Section 5 states that: "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 or federal government."
Northwest Arkansas is facing a critical shortage of solid waste disposal capacity due to the difficulties in siting landfill facilities at the local level. In order to protect the fragile environment of Northwest Arkansas, yet provide for adequate solid waste disposal capacity, the Benton County Regional Solid Waste Management District has adopted these rules.
Unless otherwise specified, these rules found in Chapter E, Solid Waste Facilities, shall apply to every solid waste facility; located either wholly or partially within Benton County; which is operated after the effective date of these rules.
Pursuant to ACA 8-6-724, 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 or federal governments, provided such standards are based upon generally accepted scientific knowledge or engineering practices and are consistent with the purposes of that ACA subchapter. Due to the extremely fragile Karst topography underlying the entire District, the District board has elected to adopt more restrictive standards as described in subsequent subchapters.
All distances as put forth in Section 17.02 shall be measured by drawing a buffer of the appropriate distance radially around the permitted boundary of the facility, on the latest USGS 7.5 minute topographic map. Should any portion of the extended perimeter contact any water body listed in Section 17.02, the facility will be in violation of these rules.
Every Solid Waste Facility required to report the performance of its leachate collection system to the ADEQ, shall also provide a copy of reports monthly to the District. Such reports shall contain at a minimum the amount of leachate collected, any test results from testing the leachate and the final disposition of all leachate generated.
Copies of any engineering reports or operating reports required to be submitted to the ADEQ or the U.S. EPA shall also be contemporaneously submitted to the District.
Every Solid Waste Facility operated within the District must employ the following personnel:
All landfills, located either partially or wholly within the District shall adhere to the following site characterization and design criteria:
Due to the unique land formations in Northwest Arkansas, the following information and studies are required to characterize any site proposed for a Class I or II landfill and must be submitted to the District:
(Any Solid Waste Facility, located either partially or wholly within the District, which is required to maintain a stormwater retention basin by either ADEQ or federal standards, particularly 40 C.F.R. § 258.26, shall build any such stormwater retention basin or basins to retain all stormwater generated by a 24-hour, 100-year rainfall event.
Any Solid Waste Facility may demonstrate compliance with §19.01 by submitting a certified statement, on a form provided by the District, signed by a professional geologist authorized to practice in the State of Arkansas. Any Solid Waste Facility may demonstrate compliance with §§ 19.02 and 1903 by submitting a certified statement, on a form provided by the District, signed by a registered professional engineer authorized to practice in the State of Arkansas.
It shall be a violation for any owner or operator of a solid waste facility to fail to comply fully with any provision of Chapter E.
A penalty of up to $10,000.00 per violation per day of violation may be assessed against any person violating the provisions of Chapter E.
The Executive Director is authorized to seek the approval of the Board to institute legal and/or equitable action in the appropriate courts to enforce any violation of Chapter E.
Any Solid Waste Facility, either within the District or which receives waste generated within the District, shall, upon the request of any District designated person, furnish information relating to any activity at the facility and permit such person at all times to have access to, and to copy all records relating to such activity. Any District designated person shall be allowed to enter at any time all areas of the Facility and to inspect and obtain samples from any area of the Facility.
If any provision of these rules or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of these rules which can be given effect without the invalid provision or application, and to this end the provisions of these rules are declared to be severable.
WASTE ASSESSMENT FEE
Pursuant to A.C.A. 8-6-714(a):
The District Board makes available one or more enforcement officers, who provide the required services indicated above, through a partnership with Benton County Administration. The District board provides a program for household hazardous waste collection and disposal and a program for recycling that includes rural areas of the district and the recycling of bulky waste. Therefore, the District Board has the authority to fix, charge, and collect rents, fees, and charges. The Board shall assess a fee, called the Waste Assessment Fee, on each ton of waste generated or collected within Benton County pursuant to this authority.
SERVICE FEE
Pursuant to A.C.A. 8-6-714(d), the board may levy a service fee on each residence or business for which the board makes solid waste collection or disposal services available.
The District Board makes solid waste collection and disposal services available to every residence and business within the boundaries of Benton County in the form of various recycling and solid waste programs. Therefore, the Board has the authority to levy a fee on every residence and business within the boundaries of Benton County. The Board shall levy a fee, called the Service Fee, on each residence and business within Benton County pursuant to this authority.
The Waste Assessment Fee and the Service Fee shall be paid to the District on all solid waste generated:
The fees shall be applicable to all solid waste materials, as defined in Subsection §1.04 of this Rule, unless exempt under Subsection §26.03.
The solid waste fees shall not apply to:
The amount of the Service Fee levied shall be:
District, the receiving disposal facility shall divide the fees collected on waste received from Benton County evenly between the Benton County District and the Receiving District and shall submit the Benton County District's portion of the fees to the Benton County District and submit the Receiving District's portion of the fees to the Receiving District.
The hauler shall be responsible for submitting the fees on waste for which the applicable fees were not paid to a Transfer Station inside Benton County or to any disposal facility outside Benton County which agreed, in writing, to collect the fees on behalf of the District.
Upon written approval by the District, any adjustments to any previous quarterly report or fee payment, found upon review or as the result of an audit by the District, and any unpaid late payment charges may be reflected on the next quarterly report and fee payment.
Fees imposed under this rule shall constitute a specific condition imposed on a solid waste facility permittee or on a hauler. Provided a solid waste facility permittee or a hauler disagrees with the final decision of the Board following a petition to review fees, the permittee or hauler may appeal the final action of the Board to the Circuit Court in Benton County in Arkansas.
It shall be a violation for any owner or operator of a solid waste facility or solid waste hauler or any residence or business to fail to comply fully with any provision of Chapter F.
A person or entity in violation of this Chapter, including but not limited to failing or refusing to submit reports or pay the fees required under the provisions of this rule in a timely manner, shall be subject to late payment procedures and charges as established in this rule.
The District shall have zero tolerance for failure to submit reports or to pay fees by the due dates established in this Rule. Each violation shall be assessed a penalty measured from the first day after the due date. An initial late penalty of $100.00 shall be assessed on the first day late for each report and/or payment due. An additional late penalty equal to $5.00 or 5% of the total fees due, whichever is higher, shall be assessed on each additional day for which reports or fees are late until all required reports and full payment of late fees and applicable Solid Waste Fees are received by the District.
Any violation of this Chapter shall also constitute grounds for legal action by the District, which may result in one or more of the following: assessment of civil penalties, the revocation of a solid waste facility or hauler permit, a lien against the property or any actions allowed under Subchapter 3: Adjudications and any other actions legally available to the District.
The Executive Director is authorized to seek the approval of the Board to institute legal and/or equitable action in the appropriate courts to enforce any violation of Chapter F.
At the discretion of the District, an audit of a solid waste facility permittee's or a hauler's records or the operation of the solid waste facility or hauler, or both, may be performed to assure compliance with this rule. An audit by the District may include, but shall not be limited to, an unannounced on-site visit to monitor the operation and operating procedures or to review the collection, transport or disposal records of a solid waste facility or a hauler, or a requirement that additional records be submitted for review, or both.
The District or any authorized employee or agent shall have right of entry during normal business hours, unless otherwise deemed necessary by the District, to any public or private property for the purpose of obtaining information or conducting investigations, examining or copying any books, papers, records, or memoranda pertaining to the operation of the facility or hauler necessary or appropriate for the purpose of this rule.
If any provision of these rules or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of these rules which can be given effect without the invalid provision or application, and to this end the provisions of these rules are declared to be severable.
Pursuant to ACA 8-6-712 (a)(4), no person, other than as may be designated by the District, shall engage in the collection or utilization of solid waste within the district which would be competitive with the purposes or activities of the District. Further, Commission Rule 28 requires Boards to compile an annual summary of recyclable materials collected within the District.
This rule shall apply to Recyclable Materials Collection Centers, Recyclable Materials Collection Systems and any person engaged in any type of recycling activity within the District such as systematic collection, sorting, decontaminating, and returning of waste materials to commerce as commodities for use or exchange by separating or diverting an item or items from the solid waste stream for the purpose of processing it or causing it to be processed into a material product, including compost, in order to provide for the final disposition of the material product in a manner other than landfilling or incineration.
Recovered Materials include but are not limited to: metal, paper, glass, plastic, textile, yard trimmings, or rubber materials that have known recycling potential, can be feasibly recycled, and have been diverted and source separated or have been removed from the solid waste stream for sale, use, or reuse as raw materials, whether or not the materials require subsequent processing or separation from each other, but does not include materials destined for any use that constitutes disposal.
Effective July 1, 2011, a person shall not engage in any type of recycling activity within the District without first registering the proposed activity with the District. There shall be no registration fee placed upon the proposed activity.
The applicant for the proposed activity must provide the following information, at minimum, on a registration form prescribed by the District:
Pursuant to Commission Rule 28, Chapter 7, an annual report shall be required from any person engaged in any type of recycling activity within the District, whether the activity is owned or operated by a public entity or by a private entity. Reports must be submitted to the District, using an approved electronic media on a format prescribed by the District, on or before July 15 of each year, for the time period of July 1 of the prior year through June 30 of the current year and documenting the following data:
The District shall compile a summary of the information received from each recycling activity within the District and submit it to the Department on or before August 15 for the time period of July 1 of the prior year through June 30 of the current year.
The District shall determine and include in the August 15 summary report to the Department, the percentage of the district's waste stream represented by the total amounts recycled during the previous calendar year. This data is required to document progress toward the State's recycling goals as provided in A.C.A. § 8-9-101
It shall be a violation for any owner or operator of a solid waste facility or solid waste hauler to fail to comply fully with any provision of Chapter G.
A penalty of up to $500.00 per violation per day of violation may be assessed against any person violating the provisions of Chapter G.
The Executive Director is authorized to seek the approval of the Board to institute legal and/or equitable action in the appropriate courts to enforce any violation of Chapter G.
If any provision of these rules or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of these rules which can be given effect without the invalid provision or application, and to this end the provisions of these rules are declared to be severable.
Pursuant to ACA 8-6-615(a)(1)(A) Funds collected under § 8-6-607 and deposited into the State Treasury to the credit of the Solid Waste Management and Recycling Fund, less up to twenty percent (20%) for administrative support for the Arkansas Division of Environmental Quality, shall be allocated annually to each of the approved regional solid waste management districts.
The Benton County Solid Waste District Board is responsible for the grant application process and acceptance of grant applications from within the District.
Beginning with the 2013 Grant round, this rule shall apply to Recycling Grant Funds received pursuant to ACA 8-6-615 and shall apply to all grant applicants and grantees.
Grants approved under prior years shall be governed by applicable laws and rules in place at the time of the grant approval.
The following entities shall be eligible to apply for and to receive grants:
The following activities, projects or programs in addition to other activities that support the objectives of increasing and improving recycling as a waste-management strategy, consistent with the intent of A.C.A. ' 8-6-601, et seq., are eligible for grant funding:
Prior to the application deadline each year, the District staff shall conduct a pre-application training meeting for all potential grant applicants. The meeting shall include training on the application process as well as instruction regarding the grant procedures and record keeping requirements. The meeting date shall be determined by the District director. Notice of the date and time of the meeting shall be provided to each eligible entity at least seven days in advance of the meeting.
Any potential grant applicant shall be required to have at least one employee of the applicant entity attend the mandatory pre-application meeting. Failure to attend the meeting shall result in the potential grantee being ineligible for that grant round.
Applicants shall fully complete a grant application form as developed by District staff each year. The application form shall include general information about the potential grantee entity, a thorough description of the proposed project and a detailed budget for the proposed project.
The Board shall establish a timeline each year for the annual grant process. Failure to submit an application by the deadline shall result in the grant application being ineligible for that grant round.
Each grantee shall show that adequate revenues are being collected to support the long-term operation and maintenance of a grant-funded project prior to the disbursal of any grant funds.
Each grantee shall possess or obtain all applicable federal, State, and local permits and licenses prior to disbursement of funds.
After receipt of the annual allocation of grant funds from ADEQ, the District shall make distribution of grant funds to approved grant projects as scheduled in the grant application and subject to the grantee's compliance with all grant conditions. Funds shall not be disbursed by the Board prior to the start of the project.
Funds will be paid directly to the vendor on behalf of the Grantee for any eligible grant expenditures, including but not limited to products or services, ordered and authorized by the grantee. A grantee may alternatively choose to pay the vendor and then request reimbursement from the District for the amount of the expenditure. A copy of the invoice detailing the purchase and a copy of the Grantee's canceled check must be submitted to the District in order for the funds to be reimbursed to the Grantee.
Under no circumstance will a check for the grant funds be released to the Grantee without proper documentation of completed eligible purchases.
After the Board has approved a grant, any proposed modifications to a grant project will require written approval by the District Board prior to implementing any change to the project. Modifications include any use of the grant funds in a way which was not specifically identified in the approved grant application.
The grantee is required to submit adequate documentation of the proposed changes, on an approved Change Order Form, to the District staff. The Change Order form must bear the signature of someone within the Grantee's organization who has authorization to apply for and/or modify grants. The fully completed change order proposal will then be added to the agenda of the next regularly scheduled District Board Meeting. The Board will review the change order request and will either approve or reject the proposed change.
If the change order proposal is approved by the Board, the Chairman of the Board will affix his signature to the order and District Staff will notify the grantee of the approval. Implementation of any modifications to the approved grant project may only begin after the approved change order has been received from the District.
Modifications that alter the grant category or materially change the project must be public-noticed and will require a 30-day public comment period. The grantee will be solely responsible for the cost of publishing the required notice in a newspaper of general distribution within their community. District staff will assist the grantee with developing the language of the notice in order to ensure that all requirements are met. The notice must state that all public comments will be mailed to the District Office. The District staff will be responsible for submitting copies of any comments received to the Board prior to the Board's review of the proposed change order.
All grantees shall develop recycling programs, as outlined in the grant application, and expend all grant funds within three (3) years following the date that the grant allocation was received by the District office unless a written extension is granted by the Board.
Funds for any grant project not started within one calendar year from the date that the grant allocation was received by the District office will be forfeited unless an extension of time is granted by the Board. The grantee will be responsible for submitting a written request for an extension prior to the calendar year date and will allow sufficient time for the Board to review the matter at a regularly scheduled meeting. Forfeited funds may be used to fund the next prioritized project as approved by the Board.
If, within a three-year period beginning on the date that the grant allocation was received by the District office, the grantee does not meet the conditions of the grant as prescribed in these Rules, the Board may order the grantee to reimburse any disbursed grant funds. Grantees will be ineligible for further grant awards until reimbursement is made. Reimbursed monies may be used to fund the next prioritized project as approved by the Board.
A grant may be terminated by the Board if the Board determines that the grantee is unable or unwilling to complete or meet the conditions of the grant as set forth in the grant application. If a grant is terminated, any grant funds previously disbursed shall be reimbursed by the grantee in accordance. Funds returned may be used to fund the next prioritized project as approved by the Board.
Interest monies earned from the holding of grant funds by the District shall be used exclusively for recycling programs consistent with the District's Solid Waste Management Plan. It shall be the responsibility of the District to monitor the collection of earned interest and direct interest monies to a project supported by a grant award or to other recycling program(s) consistent with the District's Solid Waste Management Plan.
All grantees shall seek to market or reuse the materials diverted under the grant project for, at minimum, a period of three (3) years following the grant award.
The District shall insert, in a newspaper of general circulation in Benton County, a notice describing the grant requests approved by the Board and soliciting written comments from the public. The comment period shall last for thirty (30) calendar days after the date of publication. The notice shall be published at least thirty (30) days prior to the disbursement of grant funds. Copies of all written comments will be submitted to the Board for review.
Applications from eligible entities which are received by the application deadline shall be eligible for consideration of funding. District staff shall review applications for completeness and shall provide a copy of the complete applications to the Board's Grant Committee, as assigned by the Chairman of the Board annually. Staff shall develop a recommendation of prioritized grant projects and present the recommendations to the Grant Committee for consideration.
The Grants Committee shall judge each grant application based on the criteria outlined in Section 34.02 and shall make recommendations for acceptance of the proposed projects based on this criteria ranking. The Board shall review the committee recommendations and approve funding of projects deemed to provide for the greatest benefit of the citizens of Benton County and that support the Board's objectives of increasing and improving recycling as a waste-management strategy.
The Board shall prioritize and select grant projects from within District boundaries, such selection being in the sole discretion of the District. The Board shall review and prioritize each Recycling Grant Application based on the following criteria in descending order:
The District shall use an amount no greater than twenty-five percent (25%) of the annual allocation of grant funds for administrative purposes. For the purposes of the Recycling Grants Program, administrative expenses are expenses for the administration of the District's solid waste management plan and may include record keeping, periodic reporting requirements, budgeting, and other related activities. Examples of administrative expenses include the salaries and fringe benefits of the District Director and other staff supporting the administration of the plan (including accounting, payroll and human resources, information technology, legal, and procurement functions); the cost of supplies and equipment used for administrative functions or activities; rent, utilities, phone service, postage, and licenses associated with the administrative office of the District; and other expenditures approved by the Board.
The District and each grantee shall conform to all State laws that are applicable to the purchase, use or sale of equipment and facilities secured with State funding including, but not limited to, State laws on commodity purchases and bids for construction by local governments.
All facilities or equipment purchased with grant funds disbursed by the Board shall be used for the general purposes specified in the grant application. Equipment must be used a minimum of fifty percent (50%) of the time on recycling or grant funded activities. Facilities or equipment purchased with grant funds shall not be sold, traded, or transferred without written consent from the Board.
Grant assistance shall not be provided for the purpose of purchasing equipment or facilities if existing equipment and facilities efficiently and adequately serve the relevant area, unless the District determines that the equipment or facility is indispensable to the otherwise eligible project.
All grantees are required to maintain an orderly accounting system to document that grant expenditures are made in accordance with the project budget.
Grantees are required to submit to the District copies of all bids, paid invoices on equipment or services, and canceled checks pertinent to each grant funded project.
For a period of five (5) years from the date that the grant allocation was received by the District office, grantees shall provide the District with an annual Recycling Activity Survey report, as provided by ADEQ, summarizing:
Until all grant funds have been expended on a project, grantees shall provide the District with an annual Progress Report for each grant. The Progress Report shall be on a form developed by the District and shall include the amount of grant funds expended during the reporting period, the amount of grant funds remaining and a narrative describing the progress of the grant project.
The reports shall be filed with the District office annually on or before July 31 and shall document project progress for the period of July 1 of the previous year through June 30 of the current year.
District personnel shall have the right of entry, during normal business hours, to the premises of a grant-funded facility, the right of access to view and inventory any grant-funded equipment and the right of access to all records pertaining to a grant-funded project or activity.
The following persons shall have the right to appeal any grant decisions made by the Board:
The request for appeal must be in writing and received by the District office no later than close of business ten (10) days after the date of approval of grant projects by the Board. If the tenth day falls on a Saturday, Sunday or State Holiday, the request is due by close of business the following business day.
Requests for appeal may be delivered to the District in person or by Certified Mail, return receipt requested.
Persons who timely file a request for appeal shall be entitled to be heard at the first regularly scheduled Board meeting following their request for appeal. If a request for appeal is received within fourteen days prior to a scheduled Board meeting, the appeal will be heard at the next regularly scheduled Board meeting.
The hearing shall be conducted by the presiding Chairperson of the Board. Conduct of the hearing shall be informal. The Chairperson shall be entitled to use their discretion to allow, disallow or strike any evidence or testimony that they feel is irrelevant, unreliable or duplicative.
The appellant shall have an opportunity to explain the reasoning for their appeal of the contested grant decision. Questioning of the appellant by the Board shall be allowed.
At the close of the hearing, the Board shall make a final decision on the contested grant.
207.00.20 Ark. Code R. 002