194.00.14 Ark. Code R. 004

Current through Register Vol. 49, No. 10, October, 2024

Rule 194.00.14-004 - Southwest Arkansas Regional Solid Waste Management District - Permitting Program for Solid Waste Haulers

PERMITTING PROGRAM FOR SOLID WASTE HAULERS

PURPOSE:

To better control and monitor the solid waste system, the Southwest Arkansas Regional Solid Waste Management Board, as required by Act 752 of 1991, enacts and will enforce the following rules and regulations for the licensing of all haulers of solid waste in the District. Requirements for licensing are based on the minimum standards published in Revised Regulation 22 (May 1992) of the Arkansas Solid Waste Management Code.

1.0DEFINITIONS:

Board: Southwest Arkansas Regional Solid Waste Management Board (SWARSWMB).

District: Southwest Arkansas Regional Solid Waste Management District (incorporated cities and towns and unincorporated places of Calhoun, Columbia, Dallas, Miller, Ouachita, and Union Counties).

Hauler: A Person engaged in the collection within the boundaries of the district, and/or transportation of solid waste for disposal or storage within the boundaries of the district or to an authorized disposal site outside the district (i.e. tire disposal facility). Hauler does not include a person transporting his own household waste to a permitted facility.

Person: Any state agency, municipality, government subdivision of the state or of the United States, public or a private corporation, individual, partnership, association or other entity.

Process Waste: Solid waste resulting from industrial/manufacturing and/or processing operation.

Solid Waste: Any refuse resulting from industrial, commercial, agricultural, and community and residential activities.

2.0SCOPE:

All transportation systems shall meet the conditions outlined below. Failure to comply with these conditions may result in a revocation of the hauler license.

1. Solid Waste shall be collected and transported so as to prevent public health hazards, and nuisances.

2. Collection and transportation equipment shall be designed and constructed so as to be as leak-proof as practical. The waste shall be suitably enclosed or covered so as to prevent roadside littering, attraction of vectors or creation of other nuisances, in accordance with A.S.A. 1987 § 8-6-407.

3. Collection and transportation vehicles will be kept in a safe, sanitary, and operable condition in accordance with state law.

4. Regular collection days shall be established as appropriate. Other collections shall be performed as necessary.

5. Collection and transportation of appliances, furniture and any special waste shall be accomplished in accordance with the requirements of state and federal regulations.

6. Collection and transportation of chemicals, medical wastes, poisons, explosives, radiological wastes and other materials shall be in accordance with the requirements of state and federal regulations.

7. All solid waste collected shall be transported to a permitted facility.

3.0PERMITS REQUIRED:

A. Effective January 1, 1994, no Hauler shall engage in the business of collection and/or transportation of solid waste in the District without first securing a permit from the board. This does not apply to private individuals who transport their personal household waste to a permitted facility.

B.

1. A permit shall be issued only to a person, partnership, corporation, association, the State of Arkansas, a political subdivision of the state, and improvement district, a sanitation authority, or solid waste management district.

2. A permit is required:

a. By any individual or entity who collects, for a fee, more than (5) cubic yards of solid or process waste on a scheduled basis;

3. The District may engage in hauling of solid waste within the district without a permit, but shall comply with all applicable standards required in Section 2.0.

4. The permit shall be issued for a period not to exceed one (1) calendar year (January 1^st -December 31^st).

4.0PERMITTING STANDARDS & PROCEDURES:

A. Any person who transports solid waste shall:

1. Hold the appropriate driver's license as defined by state law

2. Annually register all collection vehicles with SWARSWMB and SWARSWMB Providing the Hauler Application:

a. Name, address, telephone number, email address and point of contact of the registrant

b. Description of each vehicle to be registered including:

i. Make, Model, & Year of vehicle

ii. Vehicle identification number

iii. Name of vehicle owner

iv. Vehicle capacity

c. Records and data on the nature of waste collected or transported or provide any other information to help the Board track composition, volume and flow of solid waste (this information is to be given on the Hauler Application).

B. Any person applying for a permit must establish financial responsibility to the Board. Proof of liability insurance will be required and may be considered adequate financial responsibility.

C. To receive a permit, application shall be made to the Board, on forms to be prescribed by the Board accompanied by an annual fee.

D. Said permit shall be non-transferable and non-returnable. Said fees shall be non-refundable.

E. Any person who begins a business or any permitted person who adds additional vehicles during a calendar year shall have thirty (30) days to register with the Board and obtain a permit without penalty.

5.0FEES:

A. The fee shall be assessed based on the following criteria:

1. Annual fee of $50.00 per vehicle (for the 2014 year), per year will be assessed to each person applying for a permit. Annual fee of $75.00 per vehicle, per year will be assessed to each person applying for a permit from January 2015 and on.

6.0PENALTIES:

A. Failure to register under these regulations and to obtain a permit constitutes 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. Additionally, failure to register and obtain a permit shall subject the hauler to administrative penalties of not more than five hundred dollars ($500.00) for the first offense and not more than one thousand dollars ($1000.0 0) for subsequent offenses. Each day or part of any day during which a violation is continued or repeated shall constitute a separate offense.

B. Failure to comply with any other part of these regulations constitutes 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 two hundred fifty dollars ($250.00) for the first offense, five hundred dollars ($500.00) for a second offense and one thousand dollars ($1,000.00) for subsequent offenses, 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.

194.00.14 Ark. Code R. 004

9/25/2014