Arkansas Code Annotated Section 8-6-721 provides that a Person who engages in the business of hauling Solid Waste must obtain a license from a regional solid waste management board if the Person is engaged in the collection of Solid Waste within the District or if the Person is engaged in the transportation of Solid Waste for disposal or storage in the district.
Pursuant to such legislation, the Board desires to enact this regulation to provide for the licensing of Haulers who are engaged in the collection of Solid Waste within the District and those Haulers who are engaged in the transportation of Solid Waste for disposal or storage in the District and for the enforcement of such regulation.
As used in this Regulation, the following definitions shall apply:
"ADPC&E" means the Arkansas Department of Pollution, Control and Ecology Commission (hereinafter called "ADPC&E").
"Application" shall mean the document prepared by the District for a Hauler to complete in order for the District to determine whether a License shall be issued to a Hauler.
"Board" means the Board of the East Arkansas Regional Solid Waste Management District.
"District" means the East Arkansas Regional Solid Waste Management District.
"Hauler" shall have the same meaning as the definition set forth in Regulation No. 22 as presently adopted or subsequently amended.
"License" shall mean the document issued by the District to the Hauler approving the Hauler and the Vehicle for use by the Hauler in collecting Solid Waste within the District or in the transportation of Solid Waste for disposal or storage within the District by the Hauler.
"Person" shall have the same meaning and definition as set forth in Regulation No. 22 as presently adopted or subsequently amended.
"Regulation No. 22" shall mean the ADPC&E Regulation No. 22 as presently adopted or subsequently amended.
"Solid Waste" shall have the same meaning as the definition set forth in Regulation No. 22 as presently adopted or subsequently amended.
"Vehicle" shall mean a vehicle used by a Hauler for purposes of collection of Solid Waste within the District and/or a vehicle used by a Hauler for the transportation of Solid Waste for disposal or storage within the District.
The applicant shall provide all information required on such application as well as any additional information required by the District. The Applicant shall update or amend any infomiation contained within the Application by providing the District with such updated or amended information as applicable within thirty (30) days of the date in which any information provided by the applicant is no longer true and correct.
The Hauler shall pay to the District the following fees for each License:
In the event that a Hauler uses a Vehicle which has not received a License by February 10 of each year, the Hauler shall pay the fee for such Vehicle and shall pay as an additional fee a sum equal to the fee due for such Vehicle. In addition, the Hauler shall be prohibited from using any landfill facility within the District until such time as the required License is obtained and the fees set forth herein are paid.
After the Hauler has complied with all requirements for a License for a Vehicle as provided in this Regulation to the satisfaction of the District or its personnel and/or agents, the Vehicle shall be provided with a License. However, no License shall be issued for any Vehicle of a Hauler unless such Hauler meets all requirements of other applicable statute, law, regulation, rule and ordinance. A Hauler shall, prior to February 10* of each year, obtain a License for each and every Vehicle utilized by the Hauler in the District in accordance with this Regulation. There shall be no proration of any fees,
The Hauler must establish financial responsibility to the satisfaction of the District prior to the issuance of the License and shall maintain such financial responsibility during the effective period of the License.
MISCELLANEOUS
Term.
These Regulations shall remain in foil force and effect until such time as the Board modifies, amends or otherwise changes these Regulations.
If any provision of these Regulations or the application thereof to any person, event or circumstance is held invalid, such invalidity shall not affect other provisions or applications of these Regulations which can be given effect without the invalid provisions or application, and to this end, the provisions of these Regulations are declared to be severable.
The effective date of this regulation shall be thirty (30) days after filing under Arkansas law.
222.00.14 Ark. Code R. 003