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8-6-720. Opportunity to recycle — Recyclable materials collection centers — Definition.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-6-720. Opportunity to recycle — Recyclable materials collection centers — Definition.
(a)(1) Each regional solid waste management board shall ensure that its residents have an opportunity to recycle.
(2) At least one (1) recyclable materials collection center shall be available in each county of a regional solid waste management district unless the Arkansas Pollution Control and Ecology Commission grants the district an exemption. An exemption may be granted if a county is adequately served by a recyclable materials collection center in another county.
(3) Boards shall assess the operation of existing and proposed recycling centers and materials recovery facilities to determine the adequacy of the existing and proposed recycling centers and materials recovery facilities for the collection and recovery of recyclable materials. Boards shall give due consideration to existing recycling facilities in ensuring the opportunity to recycle and are encouraged to use, to the extent practicable, persons engaged in the business of recycling on March 26, 1991, whether or not the persons were operating for profit.
(4) As used in this subsection, “opportunity to recycle” means availability of curbside pickup or collection centers for recyclable materials at sites that are convenient for persons to use.
(b) The Division of Environmental Quality shall determine by rule the adequacy of the facilities and the number and type of recyclable materials for which the services in this section must be provided.
(c) Each board shall provide information on how, when, and where materials may be recycled, including a promotional program that encourages source separation of residential, commercial, industrial, and institutional materials.
(d) Each board should ensure, alone or in conj
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-6-720
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:8-6-720
Source file: gov.ar.code.title.08.odt
Pages: Not recorded – Not recorded
Passage SHA-256: d202ab4f1e7a4c9ccdad5e2eec5d2d95ac6d914eae2d8f33bf56b7f85cec5af3
Source location: content.xml paragraph 5246
Stored source content
8-6-720. Opportunity to recycle — Recyclable materials collection centers — Definition.
(a)(1) Each regional solid waste management board shall ensure that its residents have an opportunity to recycle.
(2) At least one (1) recyclable materials collection center shall be available in each county of a regional solid waste management district unless the Arkansas Pollution Control and Ecology Commission grants the district an exemption. An exemption may be granted if a county is adequately served by a recyclable materials collection center in another county.
(3) Boards shall assess the operation of existing and proposed recycling centers and materials recovery facilities to determine the adequacy of the existing and proposed recycling centers and materials recovery facilities for the collection and recovery of recyclable materials. Boards shall give due consideration to existing recycling facilities in ensuring the opportunity to recycle and are encouraged to use, to the extent practicable, persons engaged in the business of recycling on March 26, 1991, whether or not the persons were operating for profit.
(4) As used in this subsection, “opportunity to recycle” means availability of curbside pickup or collection centers for recyclable materials at sites that are convenient for persons to use.
(b) The Division of Environmental Quality shall determine by rule the adequacy of the facilities and the number and type of recyclable materials for which the services in this section must be provided.
(c) Each board shall provide information on how, when, and where materials may be recycled, including a promotional program that encourages source separation of residential, commercial, industrial, and institutional materials.
(d) Each board should ensure, alone or in conjunction with other boards, that materials separated for recycling are taken to markets for sale or to materials recovery facilities.
(e)(1) A board shall not prevent a person generating or collecting recyclable materials from delivering the recyclable materials to a recycling facility of the generator's or collector's choice.
(2) However, no person shall divert to personal use or commercial purpose any recyclable materials placed in a container as a part of a regional recycling program without the consent of the generator or the collector.
(3) Any person who pleads guilty or nolo contendere to or is found guilty of unlawfully diverting recyclable materials under a regional recycling program shall be guilty of a Class C misdemeanor.
(f) Each board shall incorporate into its solid waste management plan its proposal for fulfilling the obligations of this section.
(g) Nothing in this section shall be construed to prohibit the planning or implementation of any regional recycling program prior to compliance with the requirements of subsection (f) of this section.
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