097.00.18 Ark. Code R. 001
Arkansas Code Annotated § 8-6-704(6) authorizes regional solid waste management boards to adopt such rules or regulations pursuant to the Arkansas Administrative Procedures Act, § 25-15-201 et seq., as are reasonably necessary to assure public notice and participation in any finding or ruling of the board and to administer the duties of the board.
The records of District activities, including any rule and procedures adopted by the Board of Directors, shall be maintained at the offices of the White River Regional Solid Waste Management District, P. O. Box 2396, 1652 White Drive, Batesville, AR 72501. These records shall be available to any citizen during regular business hours and as defined by the Arkansas Freedom of Information Act.
For the purpose of these regulations, the following definitions shall apply:
The following procedure shall be utilized by the White River Regional Solid Waste Management Board (WRRSWMB) in promulgating any rule or regulation.
Arkansas Code Annotated § 8-6-704(6) authorizes regional solid waste management boards to adopt such rules or regulations pursuant to the Arkansas Administrative Procedure Act, § 25-15-201et seq., as are reasonably necessary to assure public notice and participation in any finding or ruling of the board and to administer the duties of the board. Further, Ark. Code Ann. § 8-6-706(d) (7) authorizes Districts to adopt procedures for the issuance of Certificates of Need.
The regulations in this chapter (Chapter B) shall apply to all landfills and transfer stations proposed to be located either wholly or partially within the jurisdiction of the District or the expansion of any existing landfill within the jurisdiction of the District. A certificate of need is not required for landfills where a private industry bears the expense of operating and maintaining the landfill solely for the disposal of wastes generated by the industry or wastes of a similar kind or character.
Along with the Certificate of Need for a landfill, the District shall provide to the Director an allocation of waste capacity for each permitted landfill within the District's jurisdiction in order to determine the design capacity of the proposed facility.
A person requesting a Certificate of Need from the District must submit an application to the District, which will also serve as the applicant's notice of intent, as per Reg. 22, Section 300, Application Procedures. All applications for Certificates of Need shall include, at a minimum, the following information:
Within fourteen (14) days of receipt of the initial application, the District will make a completeness determination of the application. 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 make a completeness determination within fourteen (14) days of the receipt of the additional information.
Once the District has determined that an application for a Certificate of Need is complete, the applicant will be notified and public notice of the review period will be placed in papers of general daily or weekly circulation. The review period will begin on the date of publication of the notice of the review period. The review period will run for thirty (30) days. During the review period, public comment will be taken.
During the review period, the District will conduct a public hearing within the county where the proposed facility or modification is to be located. The notice for the public hearing shall be made no less than ten (10) days in advance of the hearing.
Any interested person as defined in §1.02 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 regulations governing such appeals. Only interested persons shall have a right of appeal.
The Certificate of Compliance program requires all persons seeking a compost or waste tire processing permit or waste tire collection center permit from the Arkansas Department of Environmental Quality to apply to the District for a Certificate of Compliance. The Certificate of Compliance is designed to ensure that solid waste facilities within the District are consistent with the District's Solid Waste Management Plan and to allow the Board of Directors the opportunity to comment on the proposed permit in a pro-active position rather than in a reactive stance. A Certificate of Compliance is not required for persons seeking a Certificate of Need.
Arkansas Code Annotated §8.6.712(b) authorizes Districts to issue rules or regulations which are consistent with and in accordance with all applicable environmental protection performance standards adopted by state law or incorporated by reference from federal law.
The District should be notified in writing as to the intent of the person (s) who are applying for a solid waste permit from the ADEQ.
Upon written notification the District staff will:
The decision to issue a Certificate of Compliance will rest with the Board of Directors. The following conditions apply:
The White River Regional Solid Waste Management Board is required by Act 752 of 1991 to enact and enforce a licensing program for all haulers who collect or transport solid waste in the District. The purpose of these requirements is to ensure the continued health and safety of citizens residing in the District by providing for a uniformly safe method of collecting and transporting solid waste, and assisting the District in developing a data base essential for planning, evaluation, and management of solid waste within the District's geographic boundaries.
Arkansas Code Annotated § 8-6-721, Licensing Haulers Of Solid Waste, requires regional solid waste management districts to establish and maintain a program for licensing haulers of solid waste within their respective jurisdictions and sets minimum standards for said licenses. ADEQ Regulation #22, Section 22.203 sets certain minimum requirements for licensing of solid waste haulers. The following are the requirements for any person who hauls solid waste, either Class 1 or Class 4, inside the geographical boundaries of the District.
For the purpose of this program, these standards will apply to solid waste haulers that collect or haul Class I or Class IV waste. A license shall not be required for an individual hauling their own household waste to a permitted facility.
Any person who transports solid waste, either Class 1 or Class 4, shall:
All collection and transportation vehicles must meet the conditions outlined below. Failure to comply with these conditions may result in revocation of hauler license.
Any hauler applying for a license must establish and maintain financial responsibility to the Board by annually providing proof of commercial or vehicle liability insurance with minimum coverage as required by state law.
Movement of waste either in or out of the boundaries of the District shall comply with Arkansas Code 8-6-712, Regulation of Solid Waste Disposal.
Legal authority is based upon Arkansas Code Annotated 8-6-714, Rents, fees and charges. ACA§ 8-6-714 provides that a regional solid waste management board has the authority to "...fix, charge, and collect rents, fees, and charges." related to the generation, movement and/or disposal of solid waste within its district and to the management of solid waste needs of the District in accordance with applicable law.
Arkansas Act 752 of 1991 established the regional solid waste management districts and described their powers, duties and responsibilities. These responsibilities include planning, studying and evaluating the solid waste management needs of their areas, publishing regional needs assessments and solid waste management plans. The purpose of these powers, duties and responsibilities is to support the District solid waste board in its decisions for the development and operation of solid waste systems in the District.
In order to carry out the above powers, duties, and responsibilities, the District must be able to compensate professional staff, cover the costs of contracts into which it enters and defray the cost of its operations including offices, overhead, maintenance, travel and other expenses necessary to perform duties assigned by the District Board of Directors.
Pursuant to the above legislation, the District Board of Directors has determined that the imposition of the fees set forth herein is necessary to support the District's management and direct involvement with the District's disposal and/or treatment of solid waste, including waste generated within and disposed of within the District, generated within and disposed of outside of the District, and waste generated outside of the District but disposed of within the District.
A fee of One and 00/100 Dollars ($1.00) is hereby imposed and charged on each ton or portion thereof of Solid Waste that is:
In the event that another regional solid waste management board or district fixes, charges or collects any fees on such Solid Waste pursuant to the provisions of Arkansas Code Annotated § 8-6-714, then the fee to be imposed and charged shall be calculated by taking the sum of One and 00/100 Dollars ($1.00) per ton or portion thereof of Solid Waste described in (1), (2) or (3) above and adding the per ton fee that has been assessed to each such ton of Solid Waste by another regional solid waste management board or district. The resulting sum shall be the applicable fee to be paid for such Solid Waste but such fee shall not exceed a total fee of Two and 00/100 Dollars ($2.00) per ton.
However, if the landfill or transfer station pays a fee on such Solid Waste pursuant to the provisions of Arkansas Code Annotated § 8-6-714 to another regional solid waste management board or district, then the landfill or transfer station shall be entitled to a credit so that total fee paid does not exceed a total fee of Two and 00/100 Dollars ($2.00) per ton.
If another landfill or transfer station collects a fee on such Solid Waste and this District fails to receive the sum of One and 00/100 Dollars ($1.00), then this District shall have the right to pursue such other regional solid waste management board or district for any amount necessary to allow this District to receive the sum of One and 00/100 Dollars ($1.00) per ton or portion thereof of Solid Waste.
Such fee shall be collected by the applicable landfill or transfer station, in accordance with this regulation and will be submitted on a monthly basis to the District by the 10th of the following month.
This regulation will be effective thirty (30) days after filing with the State of Arkansas in accordance with the Arkansas Administrative Procedure Act, APA§ 25-15-201 or other laws or policies pertaining to the rulemaking authority of a state agency.
"Interlocal Agreement" means an agreement between the White River Regional Solid Waste Management Board and another solid waste district board, acting under the provisions of Act 752 of 1991, that is designed to coordinate and define the division of fees assessed and collected as related to the movement and disposal of solid waste between the two districts.
The District shall have the right to enter into an interlocal agreement with one (1) or more other regional solid waste management board or district to allocate the fee imposed and charged under these regulations in accordance with applicable law. In the absence of an interlocal agreement with another regional solid waste management board or district, then the regional solid waste management board or district shall divide the fee imposed by these regulations equally in accordance with applicable law.
The primary purpose of the District's illegal dumps program is to remediate illegal dumps using the resources of the perpetrator(s) responsible for the illegal dumping. The secondary purpose, though not a lesser purpose, is to eliminate a health problem by the remediation of illegal dumps. Improper and illegal waste disposal places the public health at risk. Carelessly disposed solid waste allows for the contamination of surface and ground water due to uncontrolled leachate entering the surface and/or ground water systems. Additionally, this waste is a breeding ground for vectors that are known to carry disease. Both of these conditions create an unhealthy environment with the potential for serious health risk.
The Board of Directors is given authority to address illegal dumping through the following:
GRANTS PROGRAM
The purpose of this program is to provide financial assistance for solid waste programs that serve to reduce the state's dependence on landfills and to protect public health. Such programs include waste reduction activities, reuse of waste items as raw materials in a production process, recycling (including but not limited to paper, plastic, metals, electronics and glass), using waste materials to produce an end product without recycling, using waste materials as fuel, and other related activities as approved by the White River Solid Waste Management District Board of Directors.
Arkansas Code § 8-6-615 adopted by Arkansas Act 1333 of 2013, authorizes distribution of the Solid Waste Management and Recycling Fund to the regional solid waste management districts for this purpose.
Arkansas Code Annotated § 8-6-704(6) authorizes regional solid waste management boards to adopt such rules or regulations pursuant to the Arkansas Administrative Procedure Act, § 25-15-201et seq., as are reasonably necessary to assure public notice and participation in any finding or ruling of the board and to administer the duties of the board.
The regulations in this chapter (Chapter H.) govern the process by which the White River Regional Solid Waste Management District's distribution from the Arkansas Solid Waste Management and Recycling Fund is administered and distributed within the District's ten counties.
The following entities are eligible to apply for grant assistance: county governments and incorporated cities and towns in the ten-county solid waste district service area and the Solid Waste Management District Board of Directors.
Projects eligible for grant assistance include:
The Solid Waste Management and Recycling Grant Program is a reimbursement grant program, and eligible expenses must be incurred only after a grant has been awarded. Any and all expenses incurred prior to grant award are ineligible and cannot be reimbursed. The White River Regional Solid Waste Management District reserves the right to deny reimbursement of any grant expense(s) considered inappropriate to an approved grant project.
At the beginning of each annual grant round, a letter and pre-application form will be mailed to all county judges and to all mayors of incorporated cities and towns, notifying them of the grant round and application period. A listing of eligible grant projects, a local match amount, and a submission deadline will be included in the notification. A written appeal may be submitted to the District Board Directors regarding project eligibility.
After state disbursement of grant funds has been received by the District, the District Board of Directors will meet to review pre-applications received during the application period, set aside any unacceptable pre-applications, and prioritize eligible pre-applications for funding. Prioritization will be given to projects that the Board determines will have the greatest benefit. If prioritized pre-applications exceed the amount of the District's funding disbursement, the Board may withhold funding of a project until a future grant round or may adjust funding levels of any or all pre-applications to fit the amount of grant money available in the grant round. All Board action is based on majority vote.
After prioritization by the District Board of Directors, applicants will be provided a final application form and will be asked to submit applications and supporting documentation by a specified deadline. Final applications will be reviewed by District staff for completeness. Grant awards will be executed by the District Board Chairman and each grant applicant. Applications not submitted by the preset deadline will not be considered for funding.
When final applications are completed and received by District staff, a listing of proposed applicants and projects will be published in a newspaper(s) of general circulation for the area(s) impacted by the proposed grant projects. Notice will be in the form of legal notices that will appear a minimum of thirty days prior to grants being funded. The notice will provide applicant names, project names and amounts, and instructions for submission of comments, both orally and in writing. Any negative comments will be taken to the Board of Directors for consideration prior to final funding approval.
Grant purchases can begin immediately upon notification that an applicant's grant has been awarded. Only items included in the budget of the approved grant application will be reimbursed. For expenses to be reimbursed, the applicant must submit the following:
Reimbursement documents are to be submitted to the White River District offices for review and disbursement of grant funds to the applicant. Staff will check documentation and submit the appropriate amount to accounting for reimbursement. Expenses exceeding grant awards cannot be reimbursed.
Grant recipients will be allowed three years from the date a grant was funded to complete the grant project and request reimbursement for project expenses. See §18.01 for disposition of unspent grant funds.
Final application documents include Minimum Conditions of Grant Acceptance, wherein each applicant agrees to the following upon acceptance of the funded grant:
Grant Funds awarded to local government that 1) are released in the event a project has been cancelled, 2) remain after the completion of the grant project; or 3) exist at the end of the three year grant expenditure deadline may be released to the District to be redistributed as all or part of another grant project. A request by a grant recipient to relinquish and release unspent funds to the District must be documented by a request on official letterhead signed by the elected official and submitted to the District Board of Directors.
The District Board of Directors will review unspent grant funds and will, when deemed appropriate, make funds available for other proposed grant project(s), separate from or included with the annual State Solid Waste and Recycling Fund disbursement to the District. Proposed projects using unexpended grant funds will follow the same grant application procedure listed in Subchapter 15.
If any portion of these rules or regulations is found by a court of law to be unconstitutional, it shall not negate the remainder of these rules or regulations.
097.00.18 Ark. Code R. 001