8-7-219. Permits — Commercial facilities — Terms and conditions.

8-7-219. Permits — Commercial facilities — Terms and conditions. No permit shall be issued for any commercial hazardous waste treatment, storage, or disposal facility unless that facility meets such terms and conditions as the Division of Environmental Quality may direct, including, but not limited to: (1) Evidence of liability insurance in such amount as the division may determine to be necessary for the protection of the public health and safety and the protection of the environment; (2) Evidence of financial responsibility in such form and amount as the division may determine to be necessary to ensure that, upon abandonment, cessation, or interruption of the operation of the facility, all appropriate measures are taken to prevent present and future damage to the public health and safety and to the environment; (3)(A) Evidence that the personnel employed at the hazardous waste treatment or disposal facility meet such qualifications as to education and training as the division may determine to be necessary to assure the safe and adequate operation of the facility. (B) Persons charged with the direct supervision of the operation of any facility must be certified by the division as having such qualifications after a review of the types, properties, and volume of hazardous waste to be treated or disposed of at the facility. (C) The division may require the recertification of supervisory personnel when there is any significant change in the types or properties of hazardous waste being treated or disposed of in any facility; (4) Evidence of an appropriate preventive maintenance program, spill prevention plan, safety procedures, and contingency plans which have been developed in consultation with the fire department having jurisdiction and by the mayor or city manager of the municipality or by the county judge of the county in which the facility is to be located; (5) Evidence that the location of the facility is consistent with the siting criteria established by the division as provided in § 8-7-209(a)(3). The provisions of this subdivision (5) shall not apply to a treatment facility which began operation prior to the date of enactment of this act and which has an existing operating permit from the Arkansas Department of Environmental Quality, now the Division of Environmental Quality, or to any subsequent modifications to such treatment facility, provided that the owner of the treatment facility can demonstrate that the modifications do not materially increase the degree of hazards associated with the treatment facility; and (6) Evidence of such forms of assurance, including full fee ownership of lands, and all mineral rights thereto, to ensure that the owner of any hazardous waste landfill has the legal authority to commit the hazardous waste landfill to perpetual security.