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8-6-704. Boards — Powers and duties. [Effective May 1, 2020.]
Arkansas Code — all titles (historical 2020) · legal_authorities
8-6-704. Boards — Powers and duties. [Effective May 1, 2020.]
(a) The regional solid waste management boards have the following powers and duties:
(1) To collect data, study, and initially evaluate the solid waste management needs of all localities within their regional solid waste management districts, as provided in § 8-6-716, and to publish their findings as a regional needs assessment;
(2) To evaluate on a continuous basis the solid waste needs of their districts and thereby update the regional needs assessments at least biennially;
(3) To formulate recommendations to all local governments within their districts on solid waste management issues and to formulate plans for providing adequate solid waste management;
(4) To issue or deny certificates of need to any applicant for a solid waste disposal facility permit within their districts with the exception of permits for landfills when a private industry bears the expense of operating and maintaining the landfill solely for the disposal of waste generated by the industry or wastes of a similar kind or character;
(5) To petition the Director of the Division of Environmental Quality to issue, continue in effect, revoke, modify, or deny any permit for any element of a solid waste management system located within a district based on compliance or noncompliance with the solid waste management plan of the district;
(6) To adopt rules under the Arkansas Administrative Procedure Act, § 25-15-201 et seq., as are reasonably necessary to assure public notice and participation in any findings or rulings of the regional solid waste management boards and to administer the duties of the regional solid waste management boards;
(7) To establish programs to encourage recycling;
(8) To adopt official seals and alter th
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-6-704
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:8-6-704:variant2
Source file: gov.ar.code.title.08.odt
Pages: Not recorded – Not recorded
Passage SHA-256: e781fc8f0ff9a24f6c91f14b12d5ce505fe06d4f72d4eb9be32898bc097a76d2
Source location: content.xml paragraph 4928
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8-6-704. Boards — Powers and duties. [Effective May 1, 2020.]
(a) The regional solid waste management boards have the following powers and duties:
(1) To collect data, study, and initially evaluate the solid waste management needs of all localities within their regional solid waste management districts, as provided in § 8-6-716, and to publish their findings as a regional needs assessment;
(2) To evaluate on a continuous basis the solid waste needs of their districts and thereby update the regional needs assessments at least biennially;
(3) To formulate recommendations to all local governments within their districts on solid waste management issues and to formulate plans for providing adequate solid waste management;
(4) To issue or deny certificates of need to any applicant for a solid waste disposal facility permit within their districts with the exception of permits for landfills when a private industry bears the expense of operating and maintaining the landfill solely for the disposal of waste generated by the industry or wastes of a similar kind or character;
(5) To petition the Director of the Division of Environmental Quality to issue, continue in effect, revoke, modify, or deny any permit for any element of a solid waste management system located within a district based on compliance or noncompliance with the solid waste management plan of the district;
(6) To adopt rules under the Arkansas Administrative Procedure Act, § 25-15-201 et seq., as are reasonably necessary to assure public notice and participation in any findings or rulings of the regional solid waste management boards and to administer the duties of the regional solid waste management boards;
(7) To establish programs to encourage recycling;
(8) To adopt official seals and alter them at pleasure;
(9) To maintain offices at such places as they may determine;
(10) To sue and be sued in their own names and to plead and be impleaded;
(11) To make and execute contracts and other instruments necessary or convenient in the exercise of the powers and functions of a district, including, but not limited to, entering into contracts and agreements with private entities for provision of services;
(12) To carry out all other powers and duties conferred by this subchapter and § 8-6-801 et seq.;
(13)(A) To enter into agreements with another district to allow a district or any person within that district to transfer solid waste into another district.
(B) However, notice of all such authorizations shall be submitted to the Division of Environmental Quality within thirty (30) days and shall be incorporated into the regional needs assessment in its next regular update; and
(14)(A) To authorize a disposal facility within a district to accept the receipt of solid waste from an adjoining district upon request by the generator of that solid waste, provided that the request specifies the disposal facility and the nature and estimated annual volume of solid waste to be received.
(B) However, notice of all such authorizations shall be submitted to the division within thirty (30) days and shall be incorporated into the regional needs assessment in its next regular update.
(b)(1) The regional solid waste management boards may:
(A) Apply for such permits, licenses, certificates, or approvals as may be necessary to construct, maintain, and operate any portion of a solid waste management system and to obtain, hold, and use licenses, permits, certificates, or approvals in the same manner as any other person or operating unit of any other person;
(B) Employ such engineers, architects, attorneys, real estate counselors, appraisers, financial advisors, and other consultants and employees as may be required in the judgment of the district and fix and pay their compensation from funds available to the district therefor;
(C) Purchase all kinds of insurance, including, but not limited to, insurance against tort liability, business interruption, and risks of damage to property; and
(D) Employ an environmental officer who may:
(i) Inspect all landfills;
(ii) Inspect other solid waste facilities;
(iii) Inspect waste haulers and other vehicles;
(iv) Ensure compliance with all district regulations;
(v) Collect evidence of noncompliance and present the evidence to the prosecuting attorney; or
(vi) Issue citations for the violation of any district regulation.
(2) [Repealed.]
(c) The regional solid waste management boards shall adopt and follow county purchasing procedures, as provided in § 14-22-101 et seq., as the approved purchasing procedures for the districts.
(d)(1) Each regional solid waste management board shall procure an annual financial audit of the district. Such audits shall be conducted following each board's fiscal year end. Regional solid waste management funds which are subject to audit in conjunction with a single audit performed consistent with Governmental Auditing and Reporting Standards are not required to have a separate audit.
(2)(A) Each district shall choose and employ accountants in good standing with the Arkansas State Board of Public Accountancy to conduct these audits in accordance with Governmental Auditing and Reporting Standards issued by the United States Comptroller of the Currency.
(B) The district shall pay for such audits from their administrative moneys.
(3) Each audit report and accompanying comments and recommendations shall be reviewed by the appropriate regional solid waste management board.
(4) Copies of each audit report of a district shall be filed with the division and with Arkansas Legislative Audit. In addition, one (1) copy of the audit report shall be kept for public inspection with the books and records of the district.
(5) Failure to provide a full and complete audit report, as required by this subchapter, shall prohibit future distribution of revenue from funding programs that are administered by the division unless otherwise authorized by the director.
(6)(A) Arkansas Legislative Audit shall annually select on a random basis one-third (1/3) of the total number of districts for a review of selected policies, procedures, and transactions.
(B) The review under subdivision (d)(6)(A) of this section shall include without limitation a determination of compliance with applicable criteria.
(C) A report of the reviews under subdivision (d)(6)(A) of this section shall be compiled and presented to:
(i) The Legislative Joint Auditing Committee; and
(ii) The division.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Arkansas Code — all titles (historical 2020) · legal_authorities
14-22-101. Definitions.
As used in this chapter, unless the context otherwise requires:
(1) “Commodities” means all supplies, goods, material, equipment, machinery, facilities, personal property, and services other than personal services, purchased for or on behalf of the county;
(2) “Formal bidding” means the procedure to be followed in the solicitation and receipt of sealed bids, wherein:
(A) Notice shall be given of the date, time, and place of opening of bids, and the names or a brief description and the specifications of the commodities for which bids are to be received, by one (1) insertion in a newspaper with a general circulation in the county, not less than ten (10) days nor more than thirty (30) days prior to the date fixed for opening such bids;
(B) Not less than ten (10) days in advance of the date fixed for opening the bids, notices and bid forms shall be furnished to all eligible bidders on the bid list for the class of commodities on which bids are to be received, and to all others requesting them; and
(C) At least ten (10) days in advance of the date fixed for opening bids, a copy of the notice of invitation to bid shall be posted in a conspicuous place in the county courthouse;
(3) “Open market purchases” means those purchases of commodities by any purchasing official in which competitive bidding is not required;
(4) “Purchase” means not only the outright purchase of a commodity, but also the acquisition of commodities under rental-purchase agreements or lease-purchase agreements or any other types of agreements whereby the county has an option to buy the commodity and to apply the rental payments on the purchase price thereof;
(5) “Purchase price” means the full sale or bid price of any commodity, without any allowance for trade-in;
(
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-22-101
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 14-22-101. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
25-15-201. Title.
This subchapter shall be known and cited as the “Arkansas Administrative Procedure Act”.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 25-15-201
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 25-15-201. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-6-704. Boards — Powers and duties. [Effective until May 1, 2020.]
(a) The regional solid waste management boards have the following powers and duties:
(1) To collect data, study, and initially evaluate the solid waste management needs of all localities within their regional solid waste management districts, as provided in § 8-6-716, and to publish their findings as a regional needs assessment;
(2) To evaluate on a continuous basis the solid waste needs of their districts and thereby update the regional needs assessments at least biennially;
(3) To formulate recommendations to all local governments within their districts on solid waste management issues and to formulate plans for providing adequate solid waste management;
(4) To issue or deny certificates of need to any applicant for a solid waste disposal facility permit within their districts with the exception of permits for landfills when a private industry bears the expense of operating and maintaining the landfill solely for the disposal of waste generated by the industry or wastes of a similar kind or character;
(5) To petition the Director of the Division of Environmental Quality to issue, continue in effect, revoke, modify, or deny any permit for any element of a solid waste management system located within a district based on compliance or noncompliance with the solid waste management plan of the district;
(6) To adopt rules under the Arkansas Administrative Procedure Act, § 25-15-201 et seq., as are reasonably necessary to assure public notice and participation in any findings or rulings of the regional solid waste management boards and to administer the duties of the regional solid waste management boards;
(7) To establish programs to encourage recycling;
(8) To adopt official seals and al
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-6-704
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. Same stored citation; legal effect and authority still require review.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-6-716. Regional needs assessment.
(a)(1)(A)(i) Each regional solid waste management board created pursuant to this subchapter shall prepare a regional needs assessment evaluating the solid waste management needs within its regional solid waste management district. Provided, however, that such regional needs assessments need not include an evaluation of the need for landfills where a private industry bears the expense of operating and maintaining the landfill solely for the disposal of wastes generated by the industry or wastes of a similar kind or character.
(ii) Such regional needs assessment shall be submitted for Division of Environmental Quality review, and the Director of the Division of Environmental Quality shall approve or disapprove it within ninety (90) days after submission.
(B)(i) The regional needs assessments for boards created pursuant to § 8-6-703 shall be due every four (4) years.
(ii) The division may, at its discretion, stagger the due dates by random selection so that approximately one-fourth (¼) of the districts will submit a regional needs assessment each year.
(C)(i) The division will notify in writing the districts of the date on which their regional needs assessments are due.
(ii) The board may obtain an extension of that deadline from the director.
(D) A board created pursuant to § 8-6-703 in a region having a projected solid waste disposal capacity of less than five (5) years or in a region having no landfill for solid waste disposal shall prepare and submit a regional needs assessment annually, with the first regional needs assessment due on June 30, 1995, and with updated regional needs assessments due on June 30 of each year thereafter.
(E) Any board which submitted the biennial regional needs assessment due on January 31,
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-6-716
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 8-6-716. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-6-801. Definitions.
As used in this subchapter, unless the context otherwise requires:
(1) “Authority” means the Arkansas Development Finance Authority;
(2) “Board” means a regional solid waste management board created under § 8-6-701 et seq.;
(3) “Bonds” means bonds and any series of bonds authorized by and issued pursuant to the provisions of this subchapter and comprehends “revenue bonds”, as defined in Arkansas Constitution, Amendment 65, § 3;
(4) “Costs” or “project costs” means, but shall not be limited to:
(A) All costs of acquisition, construction, reconstruction, improvement, enlargement, betterment, or extension of any project, including the cost of studies, plans, specifications, surveys, and estimates of costs and revenues relating thereto;
(B) All costs of land, land rights, rights-of-way and easements, water rights, fees, permits, approvals, licenses, certificates, franchises, and the preparation of applications for and securing them;
(C) Administrative, organizational, legal, engineering, and inspection expenses;
(D) Financing fees, expenses, and costs, including, but not limited to, costs of credit enhancement or guaranties, trustees' fees, paying agents' fees or similar fees, and fees to financial advisors and other entities assisting in the issuance of bonds;
(E) Working capital;
(F) All machinery and equipment, including construction equipment;
(G) Interest on the bonds during the period of construction and for such reasonable period thereafter as may be determined by the issuing or borrowing district;
(H) Establishment of reserves; and
(I) All other expenditures of the issuing or borrowing regional solid waste management district incidental, necessary, or convenient to the acquisition, construction, reconstruction, impro
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-6-801
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 8-6-801. This identifies an authority to review, not proof of applicability.