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8-6-508. Enforcement generally. [Repealed effective May 1, 2020.]
Arkansas Code — all titles (historical 2020) · legal_authorities
8-6-508. Enforcement generally. [Repealed effective May 1, 2020.]
(a)(1) Illegal dumps control officers are empowered to ensure compliance with the provisions of this subchapter by having the right and duty to:
(A) Inspect suspected illegal dumps;
(B) Collect evidence of open dumping and littering and present the evidence to the prosecuting attorney or a court of competent jurisdiction where the offense was committed; and
(C) Issue and serve citations for violations of provisions of the Arkansas Solid Waste Management Act, § 8-6-201 et seq., prohibiting illegal dumping, subject to exemptions under § 8-6-205 and the agricultural exemptions under § 8-6-509, and for violations of the Litter Control Act, § 8-6-401 et seq., prohibiting unlawful littering.
(2) Citations issued by illegal dumps control officers shall be filed in any court having jurisdiction in the county where the offense is committed.
(3)(A) Citations may be served in person or by mailing a copy of the citation by certified mail, restricted delivery, to either the address obtained from evidence collected from the illegal dump or to the person's last known address. Persons receiving citations shall appear before the court named within the citation at the time designation in the citation.
(B) Courts having jurisdiction over citations issued by illegal dumps control officers may issue penalties as specified in § 8-6-204(a).
(4) Illegal dumps control officers may require violators to present signed and dated disposal receipts as evidence that the solid waste has been:
(A) Removed from the illegal dump; and
(B) Properly disposed of in one (1) or more of the following facilities:
(i) A permitted landfill;
(ii) A solid waste transfer station;
(iii) A recycling center;
(iv) An incinerator
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-6-508
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: repealed. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:8-6-508
Source file: gov.ar.code.title.08.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 96fe9219dac9ebb1ba99050614f5fafd35b414045085ce73303b93346ff7be9a
Source location: content.xml paragraph 4418
Stored source content
8-6-508. Enforcement generally. [Repealed effective May 1, 2020.]
(a)(1) Illegal dumps control officers are empowered to ensure compliance with the provisions of this subchapter by having the right and duty to:
(A) Inspect suspected illegal dumps;
(B) Collect evidence of open dumping and littering and present the evidence to the prosecuting attorney or a court of competent jurisdiction where the offense was committed; and
(C) Issue and serve citations for violations of provisions of the Arkansas Solid Waste Management Act, § 8-6-201 et seq., prohibiting illegal dumping, subject to exemptions under § 8-6-205 and the agricultural exemptions under § 8-6-509, and for violations of the Litter Control Act, § 8-6-401 et seq., prohibiting unlawful littering.
(2) Citations issued by illegal dumps control officers shall be filed in any court having jurisdiction in the county where the offense is committed.
(3)(A) Citations may be served in person or by mailing a copy of the citation by certified mail, restricted delivery, to either the address obtained from evidence collected from the illegal dump or to the person's last known address. Persons receiving citations shall appear before the court named within the citation at the time designation in the citation.
(B) Courts having jurisdiction over citations issued by illegal dumps control officers may issue penalties as specified in § 8-6-204(a).
(4) Illegal dumps control officers may require violators to present signed and dated disposal receipts as evidence that the solid waste has been:
(A) Removed from the illegal dump; and
(B) Properly disposed of in one (1) or more of the following facilities:
(i) A permitted landfill;
(ii) A solid waste transfer station;
(iii) A recycling center;
(iv) An incinerator;
(v) A scrap yard that purchases iron, steel, aluminum, or other metals;
(vi) A permitted waste tire collection center or waste tire processing facility; or
(vii) Any other facility that the illegal dumps control officer finds to be a proper disposal of the solid waste.
(b) All illegal dumps control officers shall be licensed and certified in accordance with § 8-6-901 et seq.
(c) Illegal dumps control officers shall not have powers of arrest.
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Arkansas Code — all titles (historical 2020) · legal_authorities
8-6-201. Title.
This subchapter may be cited as the “Arkansas Solid Waste Management Act”.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-6-201
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 8-6-201. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-6-205. Illegal actions — Rebuttable presumption — Acts or omissions by third party.
(a) It shall be illegal for any person:
(1) To violate any provision of this subchapter or any rule or order of the Arkansas Pollution Control and Ecology Commission issued pursuant to this subchapter or of a permit issued under this subchapter by the Division of Environmental Quality;
(2) To construct, install, alter, modify, use, or operate any solid waste processing or disposal facility or disposal site without a permit from the division;
(3) To dispose of solid wastes at any disposal site or facility other than a disposal site or facility for which a permit has been issued by the division. However, no provision of this subchapter shall be construed so as to prevent an individual from disposing of solid wastes resulting from his or her own household activities on his or her own land if the disposal does not create a public or private nuisance or a hazard to health and does not violate a city ordinance or other law and does not involve the open dumping of garbage;
(4) To dump, deposit, throw, or in any manner leave or abandon any solid wastes, including, but not limited to, garbage, tin cans, bottles, rubbish, refuse, or trash upon property owned by another person without the written permission of the owner or occupant of the property or upon any public highway, street, road, public park or recreation area, or any other public property except as designated for disposal of waste; or
(5) To sort, collect, transport, process, or dispose of solid waste contrary to the rules or orders of the division or in such a manner or place as to create or be likely to create a public nuisance or a public health hazard or to cause or be likely to cause water or air pollution within the me
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-6-205
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 8-6-205. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-6-401. Title.
This subchapter shall be cited and known as the “Litter Control Act”.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-6-401
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 8-6-401. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-6-509. Agricultural operations. [Repealed effective May 1, 2020.]
The Arkansas Solid Waste Management Act, § 8-6-201 et seq., this subchapter, and § 8-6-901 et seq. do not apply to:
(1) Any place at which agricultural gleanings and crop residue resulting from operations of farms, grain elevators, cotton gins, and similar industries are being land applied according to current management practices of such industries or the agricultural community and with the consent of the landowner is not an illegal dump; and
(2) Any landowner who disposes of solid waste on the property on which waste results from such agricultural or farming operations or household operations and such disposal does not constitute a fire, health, or safety hazard to the public.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-6-509
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: repealed. The source passage cites 8-6-509. This identifies an authority to review, not proof of applicability.