207.00.20 Ark. Code R. § 002 Rules of the Benton County Regional Solid Waste Management District (5.01)

• Library: Arkansas Administrative Code
• Edition: 2023
• Currency: Current through Register Vol. 48, No. 12, December, 2023
• Year: 2023
• Citation: 207.00.20 Ark. Code R. § 002

CHAPTER A: PRACTICES AND PROCEDURES

Subchapter 1 General.§ 1.01 Authority Ark. Code Ann. § 8Regulation of solid waste disposal8-6-712 authorizes regional solid waste management boards to (a) (1) (A) Require, by rule or other legal means that solid waste generated or collected within the boundaries of the district be delivered to a particular project for disposal, treatment, or other handling. (B) Provided, however, that nothing in this section shall be construed as impairing legal and proper contracts existing on March 26, 1991, under the Arkansas Constitution, or the notes or other evidences of indebtedness incurred pursuant to a revenue bond issued or reissued dependent upon a project involving a stated waste stream which is a contractual condition of said indebtedness; (2) Prohibit, by rule or other legal means, the collection of solid waste within the boundaries of the district by persons not properly licensed by the district; (3) (A) Authorize that a city, county, or any person in an adjoining district may deliver solid waste to a designated landfill within the district for disposal, treatment, or other handling. (B) Provided, however, that notice of all such authorizations shall be submitted to the Arkansas Division of Environmental Quality within thirty (30) days and shall be incorporated into the district needs assessment in its next regular update; (4) Provide, by rule or other legal means, that no person, other than as may be designated by the district, shall engage in the collection or utilization of solid waste within the district which would be competitive with the purposes or activities of the district; and (5) Covenant in connection with the issuance of bonds, notes, or other evidence of indebtedness to adopt any rule described in subdivisions (a)(1), (a)(2), and (a)(4) of this section and that any rule so adopted shall remain in full force and effect and shall be enforced so long as any bonds, notes, or other evidences of indebtedness remain outstanding. (b) The districts shall issue rules or rules pursuant to the Arkansas Administrative Procedure Act, § 25Title25-15-201 et seq., which are reasonably consistent with and in accordance with but no more restrictive than all applicable environmental protection performance standards adopted by state law or incorporated by reference from federal law. (c) (1) Nothing in this section shall prohibit the disposal of solid waste generated by a private industry in a permitted landfill where the 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. (2) Nothing in this section shall prohibit the collection or disposal of solid waste by a municipality with an existing permitted landfill with a twenty-five-year capacity as of January 1, 1991, where the city bears the expense of operating and maintaining the landfill and the landfill complies with Environmental Protection Agency and department rules. (3) Nothing in this section shall prohibit a municipality or county from constructing or operating a facility or project to process and market recyclable materials for use as fuel. (d) Furthermore, nothing in this subchapter shall prohibit the disposal of dead animal carcasses through means which are otherwise permitted by state law or rule. § 1.02 Restriction on Bonds Pursuant to ACA 8Restriction on local government bonds and pledges8-6-713, unless approved by the regional solid waste management board, no municipality, county, improvement district, or sanitation authority within the regional solid waste management district shall: (1) Issue any bonds for solid waste management purposes; or (2) Pledge any revenues derived from solid waste management services for any bond issue The board shall not prohibit a municipality or county from issuing revenue bonds or using general obligation bonds when the purpose of such issuance or usage is the funding of a facility or project to process and market recycled materials for use as fuel. The board shall not impair any existing bond issue or other financial obligation of a municipality, county, improvement district, or sanitation authority. § 1.03 Eminent Domain. Pursuant to ACA 8Eminent domain8-6-715, in the event that necessary lands needed for the accomplishment of the purposes authorized by this chapter cannot be acquired by negotiation, any district is authorized to acquire the needed lands by condemnation proceedings under the power of eminent domain. The proceedings may be exercised in the manner now provided for taking private property for rights-of-way for railroads as set forth in §§ 18Petition for condemnation18-15-1202 -- 18Failure to pay or deposit18-15-1207. As a part of the proceedings, the district shall file an environmental impact statement with the court. Nothing herein shall allow the district to appropriate by eminent domain any property upon which is located a permitted landfill, recycling facility, or incinerator or for which a permit for a landfill, recycling facility, or incinerator is pending. § 1.04 Definitions Unless otherwise noted, all terms contained in these rules are defined as set forth in any current version of any Pollution Control and Ecology Commission Rules. Any changes made by the Commission shall be considered immediately engrossed within these rules. Should a conflict in definition arise the terms are defined by their plain meaning. This section contains definitions for terms that may appear throughout these rules. Additional definitions may appear as needed for specific chapters. Except where noted otherwise, the term 'may' is permissive and the term 'shall' is a directive or requirement. When used in the rules: Active life means the period of operation beginning with the initial receipt of solid waste and ending at completion of closure activities, but not including the post closure care period. Active portion means that part of a facility or unit that has received or is receiving wastes and has received only a six inch daily cover layer or a layer of approved alternative cover materials as required by Reg.22.413 (a) and (b). The active portion does not include areas that have received the intermediate cover layer described in Reg.22.413 (b) or that have been closed in accordance with the closure requirements of Reg.22.1301. Administrative Procedure Act means the Arkansas Administrative Procedure Act codified at Ark. Code Ann. §§ 25Title25-15-201 to 214, as amended from time to time. ADEQ means the Arkansas Division of Environmental Quality. Agent of the Grantee means any corporation, Profit or nonprofit, or any person rendering services to the grantee under the terms of this rule 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 A.C.A. § 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 Commission Rule 11. Adjudicatory Action means an action taken by the District to assess a penalty; suspend, revoke or deny a license or permit, or other punitive action against another person, with the exception of the denial of a Certificate of Need. Airport means public-use airport open to the public without prior permission and without restrictions within the physical capacities of available facilities. Aquifer means a geological formation, group of formations, or portion of a formation capable of yielding significant quantities of ground water to wells or springs. Significant quantities of ground water shall be a defined as an adequate amount of water to conduct all required analytical tests. Areas susceptible to mass movement means those areas of influence (i.e., areas characterized as having an active or substantial possibility of mass movement) where the movement of earth material at, beneath or adjacent to the unit, because of natural or man-induced events results in the downslope transport of soil and rock material by means of gravitational influence. Areas of mass movement include, but are not limited to landslides, avalanches, debris slides and flows, soil fluxion, block sliding, and rock fall. Beneficial Fill means materials for use in filling low areas, improving drainage or stabilizing slopes or embankments. However placement of beneficial types of fill material into a prepared hole may not be considered 'beneficial,' but may constitute unpermitted disposal. Projects that incorporate the use of beneficial fill material shall generally be completed within less than 60 days. Beneficial fill material includes asphalt, brick, concrete, ceramics, and uncontaminated soil or dirt. Additional materials may be considered by the Director on a case- by -case basis prior to initiation of fill activity. Nothing in this section is to preclude the use of recovered materials as...