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20-32-108. Applications — Procedure generally.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-32-108. Applications — Procedure generally.
(a) This section shall not apply to commercial medical waste incineration facilities which are required to comply with the provisions for obtaining a permit under § 8-6-1301 et seq.
(b) No person shall operate or construct a commercial medical waste facility without submitting an application for a permit or permit modification to the Department of Health. No permit or permit modification shall be issued by the department for any facility unless the department approves both the site of the facility and the technological process to be used by the facility for the treatment and disposal of commercial medical waste.
(c) The department may levy up to one hundred dollars ($100) per hour not to exceed five thousand dollars ($5,000) for application processing costs incurred by the department.
(d) Any person applying for a permit or a permit modification to construct and operate a facility shall complete the following criteria at least thirty (30) days before submitting a permit application to the department:
(1) Written notification by certified mail to each property owner and resident of any property adjacent to the proposed site of the intent to apply for a permit or permit modification; and
(2) Publication of a public notice in the largest newspaper published in each county where the property which is the subject matter of the proposed facility permit or permit modification is located and in at least one (1) newspaper of statewide circulation of the intent to apply for a permit or permit modification to construct and operate a facility.
(e) The department shall provide written notice by certified mail of the proposed permit or permit modification to the mayor of the city and the county judge of the county where the
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-32-108
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:20-32-108
Source file: gov.ar.code.title.20.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 402e265384d9040bcd5f328fed6acecbe4680cb0796e55e74a3debbe00b3becd
Source location: content.xml paragraph 25189
Stored source content
20-32-108. Applications — Procedure generally.
(a) This section shall not apply to commercial medical waste incineration facilities which are required to comply with the provisions for obtaining a permit under § 8-6-1301 et seq.
(b) No person shall operate or construct a commercial medical waste facility without submitting an application for a permit or permit modification to the Department of Health. No permit or permit modification shall be issued by the department for any facility unless the department approves both the site of the facility and the technological process to be used by the facility for the treatment and disposal of commercial medical waste.
(c) The department may levy up to one hundred dollars ($100) per hour not to exceed five thousand dollars ($5,000) for application processing costs incurred by the department.
(d) Any person applying for a permit or a permit modification to construct and operate a facility shall complete the following criteria at least thirty (30) days before submitting a permit application to the department:
(1) Written notification by certified mail to each property owner and resident of any property adjacent to the proposed site of the intent to apply for a permit or permit modification; and
(2) Publication of a public notice in the largest newspaper published in each county where the property which is the subject matter of the proposed facility permit or permit modification is located and in at least one (1) newspaper of statewide circulation of the intent to apply for a permit or permit modification to construct and operate a facility.
(e) The department shall provide written notice by certified mail of the proposed permit or permit modification to the mayor of the city and the county judge of the county where the property which is the subject matter of the permit application is located.
(f) Before the issuance of a final permit, the department shall conduct a public hearing in the county in which the facility is to be located.
Cross-references
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Arkansas Code — all titles (historical 2020) · legal_authorities
8-6-1301. Legislative findings and purpose.
(a) The General Assembly has found that there is an increased interest in obtaining permits from the Arkansas Department of Environmental Quality or the Division of Environmental Quality for the purpose of constructing and operating commercial medical waste incineration facilities. The Clean Air Act in 42 U.S.C. § 7429(a)(1)(C) has directed the United States Environmental Protection Agency to promulgate regulations concerning these commercial medical waste incineration facilities. The General Assembly has determined that it is necessary to delay the issuance of permits to these commercial medical waste incineration facilities until those regulations are promulgated in order to ensure that any permits issued will be based on the latest available information concerning technology and safety as set forth in the federal regulations.
(b) As scientific understanding of the potential public health and environmental impacts from large-scale medical waste incineration evolves, the General Assembly finds that continued caution regarding the development of commercial medical waste incineration facilities is necessary in order to protect the public health, safety, and welfare. Even though medical waste incinerators constitute major sources of potentially harmful emissions into the air, the United States Environmental Protection Agency has yet to promulgate technology standards necessary to assure safe operation. In the meantime, highly speculative ventures seek to profit from the regulatory uncertainty by promoting undercapitalized incineration facilities handling volumes of waste far in excess of that from the largest hospital.
(c) This subchapter seeks to protect the public welfare by assuring that:
(1) Commercial-scale medical
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-6-1301
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 8-6-1301. This identifies an authority to review, not proof of applicability.