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8-6-209. Local standards.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-6-209. Local standards.
(a)(1) No municipality or county may, by ordinance, resolution, order, or otherwise, adopt standards for the location, design, construction, and maintenance of solid waste disposal sites and facilities that are more restrictive than those adopted by, under, or pursuant to this subchapter or any and all applicable laws, rules, regulations, or orders adopted by state law or incorporated by reference from federal law, the Arkansas Pollution Control and Ecology Commission under the provisions of this subchapter, or the regional solid waste management boards or districts, unless there exists a fully implemented comprehensive area-wide zoning plan, and corresponding laws or ordinances, covering the entire municipality or county.
(2) Municipal or county ordinances, resolutions, or orders effective as of the date of the passage of this act and more restrictive than regional or state standards shall remain in full force and effect for a period of six (6) months following the date of the passage of this act.
(3) Provided, also, that if a county or municipality adopts a comprehensive area-wide zoning plan and corresponding laws and ordinances covering the entire county or city as referred to in § 8-6-212(e), the county or city may incorporate existing ordinances, resolutions, or orders in that comprehensive area-wide zoning plan.
(4) Otherwise, any and all such standards adopted by a municipality or county must be consistent with, in accordance with, and not more restrictive than said federal, state, and regional laws, rules, regulations, and orders. Any and all such municipalities or county ordinances, resolutions, orders, or standards contrary to this section shall be null, void, and repealed.
(b)(1) Subsection (a) of this section shall not ap
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-6-209
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:8-6-209
Source file: gov.ar.code.title.08.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 1c5a7ef92669efc079770b0c38d3bd96cc2a7dd83e0ffe05d55e9e5564b7db44
Source location: content.xml paragraph 3699
Stored source content
8-6-209. Local standards.
(a)(1) No municipality or county may, by ordinance, resolution, order, or otherwise, adopt standards for the location, design, construction, and maintenance of solid waste disposal sites and facilities that are more restrictive than those adopted by, under, or pursuant to this subchapter or any and all applicable laws, rules, regulations, or orders adopted by state law or incorporated by reference from federal law, the Arkansas Pollution Control and Ecology Commission under the provisions of this subchapter, or the regional solid waste management boards or districts, unless there exists a fully implemented comprehensive area-wide zoning plan, and corresponding laws or ordinances, covering the entire municipality or county.
(2) Municipal or county ordinances, resolutions, or orders effective as of the date of the passage of this act and more restrictive than regional or state standards shall remain in full force and effect for a period of six (6) months following the date of the passage of this act.
(3) Provided, also, that if a county or municipality adopts a comprehensive area-wide zoning plan and corresponding laws and ordinances covering the entire county or city as referred to in § 8-6-212(e), the county or city may incorporate existing ordinances, resolutions, or orders in that comprehensive area-wide zoning plan.
(4) Otherwise, any and all such standards adopted by a municipality or county must be consistent with, in accordance with, and not more restrictive than said federal, state, and regional laws, rules, regulations, and orders. Any and all such municipalities or county ordinances, resolutions, orders, or standards contrary to this section shall be null, void, and repealed.
(b)(1) Subsection (a) of this section shall not apply if a municipality or county, by resolution, requests that the regional solid waste management board or regional solid waste management district for the municipality’s or county’s region adopt a more restrictive rule, regulation, order, or standard and such board or district either fails to hold a public hearing on the request within sixty (60) days of the request, or, after such public hearing, fails to take any action on the request within ninety (90) days of receipt of the request.
(2) If the board or district takes action on the request by approving, modifying, or denying the request within ninety (90) days of its receipt, the municipality or county shall be precluded from adopting and enforcing any more restrictive rule, regulation, order, or standard under subsection (a) of this section.
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Arkansas Code — all titles (historical 2020) · legal_authorities
8-6-212. County solid waste management systems.
(a)(1) Each county of the state is authorized to provide and shall provide a solid waste management system adequate to collect and dispose of all solid wastes generated or existing within the boundaries of the county and outside the corporate limits of any municipality in the county.
(2) By agreement or contractual arrangement, the county may assume responsibility for solid wastes generated within municipalities whether within its county or other counties.
(3) A county may enter into agreements with other counties, one (1) or more municipalities, a regional solid waste management district, governmental agencies, private persons, trusts, or with any combination thereof, to provide a solid waste management system for the county or any portion thereof, but the agreement shall not relieve the parties to the agreement of their responsibilities under this subchapter.
(b)(1)(A) A county government may levy and collect the fees and charges and require the licenses that are appropriate to discharge the county's responsibility for a solid waste management system or any portion thereof. Each fee, charge, and license shall be based on a fee schedule contained in an ordinance.
(B)(i) A county may provide by ordinance that responsibility for payment of the fees and charges rests on the occupant of the property.
(ii) The ordinance shall provide that the owner of the property is the occupant unless, before the fifth day of the month of service, the owner registers with the county the name and address of the tenant occupying the property and either the date that the lease is to expire or that the lease is month-to-month.
(2)(A)(i) A county government may collect its fees and service charges by using its own system of periodic
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-6-212
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 8-6-212. This identifies an authority to review, not proof of applicability.