014.00.14 Ark. Code R. § 001

• Library: Arkansas Administrative Code
• Edition: 2023
• Currency: Current through Register Vol. 48, No. 12, December, 2023
• Citation: 014.00.14 Ark. Code R. § 001
• Year: 2023

CHAPTER ONE : GENERAL PROVISIONS

Reg.11.101Purpose (A) Purpose It is the purpose of this regulation, pursuant to the provisions of the Solid Waste Management and Recycling Fund Act, Ark. Code Ann § 8Title8-6-601 et seq.; the Landfill Post-Closure Trust Fund Act, Ark. Code Ann. § 8Definitions8-6-1001 et seq.; and the Regional Solid Waste Management Districts and Boards Act, Ark. Code Ann. § 8Purpose - legislative findings - construction8-6-701 et seq., to develop and implement systems for: (1) The collection of fees for waste received at landfill facilities within the State of Arkansas, and the collection of fees for waste generated within the state and transported to landfill facilities in other states; (2) The administration of a landfill post-closure trust fund program; (3) The administration of a solid waste management planning and recycling fund distribution program; and (4) The administration of grants for recycling. (B) Solid Waste Management and Recycling Fund Usage Fees collected, in accordance with Ark. Code Ann. § 8Title8-6-601 et seq., will be used to fund a solid waste management planning and recycling fund distribution program for local governments for integrated waste management planning and construction. The fund also will be used for administrative costs incurred by Regional Solid Waste Management Districts, as well as for waste management compliance and enforcement activities by the Department of Environmental Quality. (C) State Marketing Board for Recyclables An apportionment of fees collected from landfills where private industry bears the expenses of operating and maintaining a landfill solely for the disposal of wastes generated by the industry, in accordance with Ark. Code Ann. § 8Title8-6-601 et seq., shall be used by the Arkansas State Marketing Board for Recyclables in the administration and performance of its duties. (D) Landfill Post-Closure Trust Fund Usage Fees collected for waste received at landfills, in accordance with Ark. Code Ann. § 8Definitions8-6-1001 et seq., will provide a trust fund to be used for landfill post-closure corrective actions pursuant to statutory provisions. (E) Fees Encourage Recycling and Solid Waste Reduction Activities These laws and this regulation encourage the recycling of wastes and solid waste reduction activities by applying fees to solid waste which is received at Arkansas landfills or to solid waste which is generated within Arkansas but transported to disposal facilities in other states. (F) Waste Amount Determinations These laws and this regulation provide a means, through reporting and record-keeping systems, to monitor waste amounts generated within the state and, in turn, provide information to the Department and local governments which helps ensure that adequate solid waste management systems are available to the citizens of the State of Arkansas.

Reg.11.102 Short Title This regulation shall be known and may be cited by the short title, Regulation 11: Solid Waste Management Fees, Funds and Grants.

Reg.11.103 Definitions All terms used in this regulation, unless the context otherwise requires, or unless specifically defined in the enabling legislation, shall have their usual meanings. In addition, for purposes of this regulation, the following definitions apply, unless otherwise noted: "Agent of the Grantee" means any corporation "profit or nonprofit ", or any person rendering services to the grantee under the terms of this regulation and under the terms of a written agreement with the grantee for the stated purpose of implementing the grantee=s solid waste programs. "Applicant" means a District as defined in Ark Code Ann. § 8Definitions8-6-702, a local government, or a delegated authority or agent of such District or government that makes application for a grant pursuant to this regulation. "Board" means a Regional Solid Waste Management Board formed under Ark. Code Ann. § 8Purpose - legislative findings - construction8-6-701 et seq. and pursuant to the authority of the Arkansas Pollution Control and Ecology Commission as provided by Ark. Code Ann. § 8Creation of new regional districts8-6-707. "Commission" means the Arkansas Pollution Control and Ecology Commission. "Compacted Cubic Yard of Waste" means a volume equal to 3' x 3' x 3' of solid waste which has received any amount of mechanical compaction. "Department" means the Arkansas Department of Environmental Quality, or its successor. "Director" means the Director of the Arkansas Department of Environmental Quality or the Director=s designee. "District" means a Regional Solid Waste Management District formed under Ark. Code Ann. § 8Purpose - legislative findings - construction8-6-701 et seq. and pursuant to the authority of the Arkansas Pollution Control and Ecology Commission as provided by Ark. Code Ann. § 8Creation of new regional districts8-6-707. "Expense Itemization" means a listing of expenditures that includes expenditure date, item purchased, purchase price and name of vendor. "Facility" means all contiguous land and structures, other appurtenances, and improvements on the land used for the disposal, treatment, or processing of solid waste. "Fund Decisions" means final administrative decisions by the Director on applications for or disbursement of funds pursuant to the Department=s administration of fund programs represented under this regulation and the final decision of the Director on any disputes arising under any such fund. "Grant Decisions" means final administrative decisions by the Director on all applications for grants pursuant to the Department's administration of grant programs represented under this regulation and the final decision of the Director on any disputes arising under any such grant. "Grant Round" means a single grant cycle that the Department opens with the acceptance of new applications for funding and ends with the disbursement of grant awards from funds available for the grant cycle. "Grantee" means the grant applicant awarded funding for a grant proposal. " In-Kind Contribution" means a contribution to a grant or fund project, which is not cash, but has value, such as real estate goods, or services, which is provided by the grantee or another contributor "Landfill" means a solid waste management landfill facility subject to permitting requirements provided under Regulation 22. "Landfill" means, for purposes of the Landfill Post-Closure Trust Fund Program, landfills permitted under the Arkansas Solid Waste Management Act, Ark. Code Ann. § 8Title8-6-201 et seq., and subject to permitting requirements provided under Regulation 22, and applies to all landfills which, upon receipt of solid waste at the landfill gate, are required to participate in the fee system for landfill disposal, except those landfills where a private industry bears the expense of operating and maintaining the landfill solely for the disposal of waste generated by the industry or wastes of a similar kind or character. "Landfill Gate" means the entry point at a solid waste management landfill facility at which the waste is received from the landfill customer, the waste is weighed or measured, waste receipt fees are determined, and waste tickets are issued, except those landfills where a private industry bears the expense of operating and maintaining the landfill solely for the disposal of waste generated by the industry or wastes of a similar kind or character. "Material Recovery Facility" means a facility, not subject to permitting requirements under Regulation 22, which is engaged in the storage, processing, and resale of recovered materials and receives source-separated recyclable materials. "Municipal Landfill" means a permitted solid waste management landfill facility, except for those where private industry bears the expense of operating and maintaining the landfill solely for the disposal of wastes generated by the industry. Such a facility is subject to requirements provided under Regulation 22. "Operator" means an individual or individuals charged with the responsibility of managing or operating a solid waste management facility, including the responsibility for assuring the operations of said facility is in accordance with the provisions of this regulation and other applicable regulations. "Owner" means the person or any other responsible party who owns a facility or any part of a facility. "Permittee" means any individual, corporation, company, firm, partnership, association, trust, local solid waste authority, institution, county, city, town or municipal authority or trust, venture or other legal entity holding a solid waste disposal permit, as provided in the Arkansas Solid Waste Management Act, Ark. Code Ann. § 8Title8-6-20...