8-6-1105. Expansion outside district — Exemption.

8-6-1105. Expansion outside district — Exemption. (a) This section shall apply until the later of: (1) July 1, 1992; or (2) Until the capacity of landfills in both the regional solid waste management district and the state reach a ten-year capacity. (b) Landfill capacity shall be determined by the Director of the Division of Environmental Quality. (c)(1) No existing landfill shall expand its service area outside the district in which it is located, except that existing landfills that on March 1, 1989, do not serve areas outside their respective districts shall not accept more than fifty (50) tons per day of solid waste originating from outside their districts. (2) Existing landfills that on March 1, 1989, serve areas outside of their respective districts shall not increase the total amount of solid waste originating from outside their districts by more than twenty percent (20%) annually of the total volume of solid waste received at the facility from outside their districts. The amount of solid waste shall be determined by weight. (3) No new landfill shall be allowed to receive solid waste outside the boundaries of the district in which it is located unless it is a landfill where a private industry bears the expense of operating and maintaining the landfill solely for the disposal of wastes generated by the industry or of wastes of a similar kind or character and such industry has commenced, prior to March 1, 1991, the process for obtaining a permit by issuing notice to the local government having jurisdiction, as required under the rules of the Arkansas Department of Environmental Quality or the Division of Environmental Quality. (4)(A) No new applications for landfill permits seeking to dispose of solid waste originating outside of a district or that propose to dispose of solid waste originating from outside such district shall be accepted or processed by the Division of Environmental Quality or a regional solid waste management board, unless such applications were pending before the Arkansas Department of Environmental Quality or the Division of Environmental Quality, on March 1, 1989. (B) Provided, the prohibition contained in this subsection shall not apply to new applications for landfill permits if the landfill is one where a private industry bears the expense of operating and maintaining the landfill solely for the disposal of wastes generated by the industry, or of wastes of a similar kind or character, and such industry has commenced, prior to March 1, 1991, the process for obtaining a permit by issuing notice to the local government having jurisdiction, as required under the rules of the Arkansas Department of Environmental Quality or the Division of Environmental Quality. (d) The director may grant an exemption from this section for solid waste brought into a district for the purpose of recycling or because the district where solid waste is generated does not have a landfill that meets applicable state rules or federal regulations. The exemption shall be subject to such terms and conditions as the director may deem appropriate. (e) A successor district may transport solid waste to any one (1) of the original districts of which the members of the successor district were a part.