The purpose of this regulation is to assure the proper management of solid waste generated within the District; or generated outside the District, and brought to a processing, transfer, material recycling or disposal facility within the solid waste service area of the District.
The rules and regulations adopted and contained herein, and the enforcement thereof by the District, are designed and intended to provide minimum standards for the protection of the health and welfare of the public and making sure that the environment is not polluted and to prevent the creation or maintenance of unhealthful, unsanitary conditions or public health nuisances, and shall be liberally construed to accomplish these purposes.
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 findings or rulings of the board and to administer the duties of the board.
The Director of the District shall administer, implement and enforce the provisions of this regulation.
For the purposes of Sebastian County Regional Solid Waste Management District rules and regulations, the following definitions shall apply:
For the purposes of providing intergovernmental support to all governmental jurisdictions within the District, the District shall be empowered to act as a legal agent or representative on behalf of any legally recognized federal, state, county or city or any other local jurisdiction or special governmental entity within the District. Authority to the District shall be provided by means of a duly processed and authorized letter, or by an intergovernmental agreement, identifying all such specific and/or general powers given to the District.
The Director is provided authority to act as the legal representative of the District to enter into agreement and to accept delegated authority or primacy for the District and to direct resources to enforce such delegated authority.
At any Board meeting, the Board may adopt proposed or final: new rules or regulations; modifications to existing rules or regulations; or, repeal of any existing rules or regulations.
The notice in § 2.02 shall solicit written comments from the public for a period of not less than thirty (30) days. The notice shall also provide the address where all comments should be sent.
Should the District find that imminent peril to the public health, safety or welfare requires adoption of a regulation upon fewer than 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 regulation. Any emergency regulation so adopted may be effective for no longer than 120 days.
The District shall file with the Secretary of State, the Arkansas State Library and the Bureau of Legislative Research, a certified copy of each regulation adopted by it, and a statement of financial impact for the regulation.
Each regulation adopted by the District shall be effective 10 days after filing unless a later date is specified by law or in the regulation itself. However, an emergency regulation may become effective immediately upon filing, or at a stated time less than 10 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 regulation. The District shall take appropriate measures to make emergency regulations known to the persons who may be affected by them.
A copy of any regulation adopted by the Board may be certified by signature of the Chairman and Secretary/Treasurer of the Board, or by such other method as determined by the Board from time to time.
The District shall maintain a certified copy of every regulation 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 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 provision 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.
Ark. Code Ann. § 8-6-704(6) authorizes Regional Solid Waste Management Boards to adopt such rules or regulations pursuant to the Arkansas Administrative Procedure Act, Ark. Code Ann. § 25-15-201etseq., 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.
This Subchapter is being enacted to provide for a variety of mechanisms for the District to enforce violations of Arkansas laws and regulations governing the illegal dumping and disposal of solid wastes.
Definitions shall be derived from Chapter A; Subchapter 1, § 1.03, of the Rules and Regulations of the Sebastian County Regional Solid Waste Management District, or; ADEQ Regulation 22 may be used if not found in District regulations and is deemed appropriate by the District Director.
Any person who violates a provision of this subchapter may be subject to the following enforcement actions;
Any person who violates any provision of this subchapter is in violation of District Rules and is also guilty of a misdemeanor under 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 ($1,000.00), or both imprisonment and fine. Each day or part of any day during which a violation is continued or repeated shall constitute a separate offense.
Ark. Code Ann. § 8-6-704(6) authorizes regional solid waste management boards to adopt such rules or regulations pursuant to the Arkansas Administrative Procedure Act, Ark. Code Ann. § 25-15-201etseq., 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. This Subchapter is being enacted to provide for a variety of mechanisms for the District to enforce violations of Arkansas laws and regulations governing the illegal burning of solid wastes.
It shall be illegal for any person to burn solid wastes in a manner inconsistent with APC&EC Regulation 18.
Any person who violates a provision of this subchapter may be subject to the following enforcement actions;
Any person who violates any provision of this subchapter is guilty of a misdemeanor under 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 ($1,000.00), or both imprisonment and fine. Each day or part of any day during which a violation is continued or repeated shall constitute a separate offense.
CERTIFICATION OF RULES
The preceding 13 pages, containing Chapters A and Chapter F of regulations of the Sebastian County Regional Solid Waste Management District, are a certified copy of the regulations as enacted by action of the Board taken May 21, 2008 in Fort Smith, Arkansas.
186.00.07 Ark. Code R. 001