223.00.12 Ark. Code R. 001
Ark. Code Ann. § 8-6-704(a)(6) authorizes regional solid waste management boards to adopt such rules or regulations pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq., as are reasonably necessary to assure public notice and participation in any findings or rulings of the board and to administer the duties of the board.
For the purposes of these regulations, the following definitions shall apply:
At any Board meeting, the Board may adopt, amend, or repeal any Rule, consistent with the requirements of this Subchapter.
The District shall afford all interested persons reasonable opportunity to submit written data, views, or arguments, orally or in writing.
Should the Board find that imminent peril to the public health, safety or welfare or compliance with federal laws 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. Any emergency Rule so adopted may be effective for no longer than one hundred twenty (120) days.
Any person residing or doing business within the District may petition the Board for a Rulemaking Action. Within thirty (30) days after submission of a petition, the Board shall either deny the petition, stating in writing its reasons for denial, or shall initiate rulemaking proceedings. If no action is taken by the Board within thirty (30) days, the petition shall be deemed to be denied, and the Board shall not be required to take any further action, except to state its reasons for denial, in writing within ten (10) days after such denial is deemed to have occurred.
The Board shall file with the Secretary of State, the Arkansas State Library, and the Bureau of Legislative Research, and any other agency or legislative body, as required by law, the adopted Rule, a statement of financial impact for the Rule and any other information or documents required by law.
Each Rule adopted by the Board shall be effective thirty (30) days after filing unless a later date is specified by law or in the Rule itself. However, an emergency Rule may become effective immediately upon filing, or at a stated time less than thirty (30) days thereafter, if the Board finds that this effective date is necessary because of imminent peril to the public health, safety or welfare. The Board's finding and a brief statement of the reasons therefore shall be filed with the regulation. The Board shall take appropriate measures to make emergency Rules known to the persons who may be affected by them.
A copy of any Rule adopted by the Board may be certified by signatures of the Chairman of the Board and Secretary, or by such other method as determined by the Board.
The District shall maintain a certified copy of every Rule adopted by the Board, and a copy of all other documents required to be filed by this Subchapter and, proof of all required filings. These copies shall be kept at the principal office of the District. A copy of each notice of rulemaking shall also be kept on the file at the District.
Every Rulemaking Action by the Board after the effective date of this Subchapter shall be effective if the Rulemaking Action substantially complies with this subchapter.
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.
If any provisions of any District 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.
The Director, who shall keep a log of all complaints or violations as determined by the District, is granted the discretion and authority, to the extent permitted by Ark. Code Ann. §§ 8-6-701 et seq., 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. No formal action regarding a complaint or violation, outlined below, may be taken until efforts have been made to resolve the violation or complaint informally and after the expiration of a twenty four (24) hour period granted by the Director to correct or remediate the complaint or violation.
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 the appropriate county required by the APA.
The name of the District is: Southeast Arkansas Regional Solid Waste Management District.
The District was created in July 1989 pursuant to the provisions of Arkansas Code Ann. § 8-6-707 and Commission Regulation 22. The District shall continue to exist until dissolved by unanimous decision of the Board or pursuant to a procedure otherwise authorized by law.
The purpose of the District is the protection of the public health and the environment through regional planning and the development and implementation of a Solid Waste Management System.
The District includes the counties of Arkansas, Ashley, Bradley, Chicot, Cleveland, Desha, Drew, Grant, Jefferson and Lincoln.
The District shall be governed by the Board. The Board shall plan for and oversee the operations, finances and polices of the District and shall have all powers and duties as provided and authorized by state law and these Rules.
The general officers of the Board shall consist of Chairman, Vice-Chairman, Secretary and Treasurer. Officers shall serve one year terms beginning July 1. Officers shall retain their duties until they resign or a replacement has been elected by the board. In the discretion of the Board, any two or more offices may be held by the same person, except the Chairman may not hold any other office concurrently.
The Chairman shall have the authority to appoint committees as the need arises.
Except as otherwise permitted in Ark. Code Ann. § 8-6-703(b)(2), the membership of the board will consist of the county judge of each county within the District, the mayors of each first class city within the District, the mayors of each city within the District which is a county seat, and the mayors of each city within the District with a population of 2,000 or more.
Each Board Member shall have one vote. A majority of the Board Members, present in person or represented by proxy shall constitute a quorum. All proxies shall be in writing and filed with the Secretary prior to or at the time of the meeting. Proxies shall only be valid for the specific meeting or agenda item designated therein. A majority vote of those Board Members present in person or represented by proxy shall be required for any action of the Board.
These Bylaws may be adopted, amended or repealed at any meeting of the Board by a majority vote of at least two-thirds (2/3) of Board Members present or represented by proxy. Written notice of proposed changes to the Bylaws must be sent to Board Members not less than seven (7) days or more than sixty (60) days prior to the meeting at which the action is to be voted upon.
Robert's Rules of Order shall govern all meetings of the Board and Executive Committee.
223.00.12 Ark. Code R. 001