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8-6-223. Household hazardous waste storage or processing centers — Permit required.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-6-223. Household hazardous waste storage or processing centers — Permit required.
(a) It is unlawful for a person to own or operate a household hazardous waste storage or processing center, as defined in § 8-6-203, without first obtaining from the Division of Environmental Quality a transfer station permit or another permit that the division deems appropriate and that meets the requirements of this section.
(b)(1) The division shall not issue, modify, or renew a permit for a household hazardous waste storage or processing center regulated under this section without the permit applicant's first demonstrating to the division's satisfaction the applicant's financial ability to ensure proper removal and disposal of household hazardous waste located at the household hazardous waste storage or processing center under this section.
(2) The amount of financial assurance required under this section shall be equal to or greater than one hundred fifty percent (150%) of a third party's cost of disposal of the maximum permitted amount of household hazardous waste at a facility permitted under the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq., for the treatment, storage, and disposal of hazardous waste.
(3) A detailed disposal estimate under this section shall be prepared by an independent professional consultant.
(c) The permittee or applicant shall demonstrate financial ability to ensure proper removal and disposal of the household hazardous waste at its household hazardous waste storage or processing center by:
(1) Obtaining insurance that specifically covers the costs of disposal as required by this section;
(2) Obtaining a letter of credit;
(3) Obtaining a bond or other surety instrument;
(4) Creating a trust fund or escrow account;
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-6-223
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:8-6-223
Source file: gov.ar.code.title.08.odt
Pages: Not recorded – Not recorded
Passage SHA-256: b0f62aa2e882037a778962599226420b58a76235db0d0a9a133f8cde9b80cf08
Source location: content.xml paragraph 3936
Stored source content
8-6-223. Household hazardous waste storage or processing centers — Permit required.
(a) It is unlawful for a person to own or operate a household hazardous waste storage or processing center, as defined in § 8-6-203, without first obtaining from the Division of Environmental Quality a transfer station permit or another permit that the division deems appropriate and that meets the requirements of this section.
(b)(1) The division shall not issue, modify, or renew a permit for a household hazardous waste storage or processing center regulated under this section without the permit applicant's first demonstrating to the division's satisfaction the applicant's financial ability to ensure proper removal and disposal of household hazardous waste located at the household hazardous waste storage or processing center under this section.
(2) The amount of financial assurance required under this section shall be equal to or greater than one hundred fifty percent (150%) of a third party's cost of disposal of the maximum permitted amount of household hazardous waste at a facility permitted under the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq., for the treatment, storage, and disposal of hazardous waste.
(3) A detailed disposal estimate under this section shall be prepared by an independent professional consultant.
(c) The permittee or applicant shall demonstrate financial ability to ensure proper removal and disposal of the household hazardous waste at its household hazardous waste storage or processing center by:
(1) Obtaining insurance that specifically covers the costs of disposal as required by this section;
(2) Obtaining a letter of credit;
(3) Obtaining a bond or other surety instrument;
(4) Creating a trust fund or escrow account;
(5) Combining any of the instruments in subdivisions (c)(1)-(4) of this section; or
(6) Any other financial instrument approved by the Director of the Division of Environmental Quality.
(d) A financial instrument required by this section shall:
(1) Be posted to the benefit of the division;
(2) Provide that the financial instrument cannot be cancelled without sixty (60) days' prior written notice addressed to the division's legal division chief as evidenced by a signed, certified mail with a return receipt request; and
(3) Be reviewed by the division upon receipt of the cancellation notice to determine whether the division should initiate procedures to revoke or suspend the household hazardous waste storage or processing center's permit and whether the division should take possession of the funds guaranteed by the financial assurance mechanism.
(e) Before the division may release a financial assurance mechanism, the division shall inspect the household hazardous waste storage or processing center to determine to the division's satisfaction that no household hazardous waste is located at the household hazardous waste storage or processing center.
(f) The division is not responsible for the removal or disposal of household hazardous waste regulated under this section.
(g) Before an application for a permit is submitted to the division, a household hazardous waste storage or processing center shall apply for a certificate of need from the regional solid waste management board that has jurisdiction over the proposed site and shall follow the procedures and rules established under § 8-6-708.
(h) A household hazardous waste storage or processing center shall submit a permit application to the division within ninety (90) days of the approval of the certificate of need.
(i) If a certificate of need is not approved under subsection (g) of this section or a final determination is made by the division denying the permit application, the household hazardous waste storage or processing center shall cease all collection, storage, or processing activity and properly dispose of or recycle all materials within ninety (90) days.
(j) [Repealed.]
(k) A household hazardous waste storage or processing center that is operating before July 27, 2011, is exempt from obtaining a certificate of need under subsection (g) of this section.
(l) A permit under this section is not required for recyclable materials collection centers or systems that are provided by a city, county, solid waste district, or regional solid waste management district that stores household hazardous waste in quantities of less than one hundred ten gallons (110 gal.) of each household hazardous waste, not to exceed an accumulated waste amount of five thousand gallons (5,000 gal.) of liquid waste or ten thousand pounds (10,000 lbs.) of nonliquid waste.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Solid waste** The Congress finds with respect to solid waste—
(1) that the continuing technological progress and improvement in methods of manufacture, packaging, and marketing of consumer products has resulted in an ever-mounting increase, and in a change in the characteristics, of the mass material discarded by the purchaser of such products;
(2) that the economic and population growth of our Nation, and the improvements in the standard of living enjoyed by our population, have required increased industrial production to meet our needs, and have made necessary the demolition of old buildings, the construction of new buildings, and the provision of highways and other avenues of transportation, which, together with related industrial, commercial, and agricultural operations, have resulted in a rising tide of scrap, discarded, and waste materials;
(3) that the continuing concentration of our population in expanding metropolitan and other urban areas has presented these communities with serious financial, management, intergovernmental, and technical problems in the disposal of solid wastes resulting from the industrial, commercial, domestic, and other activities carried on in such areas;
(4) that while the collection and disposal of solid wastes should continue to be primarily the function of State, regional, and local agencies, the problems of waste disposal as set forth above have become a matter national in scope and in concern and necessitate Federal action through financial and technical assistance and leadership in the development, demonstration, and application of new and improved methods and processes to reduce the amount of waste and unsalvageable materials and to provide for proper and economical solid waste disposal practices.
**(b) Environment and
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 6901
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 6901. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 6921
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 6901
Sec.
6985.
Special study and demonstration projects on
recovery of useful energy and materials.
6986.
Grants for resource recovery systems and im-
proved solid waste disposal facilities.
6987.
Authorization of appropriations.
SUBCHAPTER IX—REGULATION OF
UNDERGROUND STORAGE TANKS
6991.
Definitions and exemptions.
6991a.
Notification.
6991b.
Release detection, prevention, and correction
regulations.
6991c.
Approval of State programs.
6991d.
Inspections, monitoring, testing, and correc-
tive action.
6991e.
Federal enforcement.
6991f.
Federal facilities.
6991g.
State authority.
6991h.
Study of underground storage tanks.
6991i.
Operator training.
6991j.
Use of funds for release prevention and com-
pliance.
6991k.
Delivery prohibition.
6991l.
Tanks on tribal lands.
6991m.
Authorization of appropriations.
SUBCHAPTER X—DEMONSTRATION MEDICAL
WASTE TRACKING PROGRAM
6992.
Scope of demonstration program for medical
waste.
6992a.
Listing of medical wastes.
6992b.
Tracking of medical waste.
6992c.
Inspections.
6992d.
Enforcement.
6992e.
Federal facilities.
6992f.
Relationship to State law.
6992g.
Repealed.
6992h.
Health impacts report.
6992i.
General provisions.
6992j.
Effective date.
6992k.
Authorization of appropriations.
SUBCHAPTER I—GENERAL PROVISIONS
§ 6901. Congressional findings
(a) Solid waste
The Congress finds with respect to solid
waste—
(1)
that
the
continuing
technological
progress and improvement in methods of man-
ufacture, packaging, and marketing of con-
sumer products has resulted in an ever-mount-
ing increase, and in a change in the character-
istics, of the mass material discarded by the
purchaser of such products;
(2) that the econo
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 6901
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 6901. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-6-203. Definitions.
As used in this subchapter:
(1) “Disposal site” means any place at which solid waste is dumped, abandoned, or accepted or disposed of for final disposition by incineration, landfilling, composting, or any other method;
(2)(A) “Hazardous waste” means any waste or combination of wastes of a solid, liquid, contained gaseous, or semisolid form that, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may in the judgment of the Division of Environmental Quality:
(i) Cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or
(ii) Pose a substantial present or potential hazard to human health or the environment if improperly treated, stored, transported, or disposed of, or otherwise improperly managed.
(B) “Hazardous waste” includes without limitation waste that:
(i) Is radioactive;
(ii) Is toxic;
(iii) Is corrosive;
(iv) Is flammable;
(v) Is an irritant or a strong sensitizer; or
(vi) Generates pressure through decomposition, heat, or other means;
(3) “Household” means a single or multiple residence, hotel or motel, bunkhouse, ranger station, crew quarters, campground, picnic ground, and day-use recreation area;
(4)(A) “Household hazardous waste” means any hazardous waste derived from a household that is no longer under the control of the household.
(B) “Household hazardous waste” includes without limitation:
(i) Household cleaners;
(ii) Gasoline;
(iii) Paint, paint strippers, and paint thinners;
(iv) Motor oil; and
(v) Herbicides and pesticides, excluding antimicrobial and disinfectant products;
(5)(A) “Household hazardous waste storage or processing center” means a facility that stores, ac
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-6-203
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 8-6-203. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-6-708. Procedures and rules.
The Arkansas Pollution Control and Ecology Commission is authorized to prescribe procedures and rules:
(1) To guide the initial and continued organization and operation of the respective regional solid waste management boards in accordance with the purposes of this subchapter and § 8-6-801 et seq.;
(2) To assure public notice and participation prior to adoption of regional needs assessments, findings, or reports made by the boards;
(3) To defray some of the costs of the administration of this subchapter, including, but not limited to, inspections and technical review of submissions required by this subchapter by setting graduated surcharges upon any waste stream increase in excess of ten percent (10%) as a result of receipt of solid waste from outside the regional solid waste management district; and
(4) To require prompt compliance with the requirements of this subchapter and § 8-6-801 et seq.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-6-708
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 8-6-708. This identifies an authority to review, not proof of applicability.