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8-9-405. Used tire program reimbursements.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-9-405. Used tire program reimbursements.
(a) The Division of Environmental Quality shall establish the Used Tire Recycling and Accountability Program to:
(1) Reimburse used tire programs for used tire recycling and disposal costs;
(2) Incentivize recycling used tires collected under this subchapter;
(3) Provide accountability for the disbursement of moneys to used tire programs; and
(4) Otherwise improve the sustainability of used tire programs.
(b) To be eligible for reimbursements under this subchapter, a used tire program shall:
(1) Be included in the solid waste management system under § 8-9-101 et seq. for each regional solid waste management district that the used tire program serves;
(2) Have a used tire management plan for each regional solid waste management district that the used tire program serves to include without limitation a schedule for identification and cleanup of waste tire sites that is updated until abatement of each identified waste tire site is completed;
(3) Be included in each regional solid waste management district's recycling program under § 8-9-203 that the used tire program serves;
(4) If operated by a political subdivision of the state or other public entity:
(A) Use the financial management system under § 14-21-101 et seq.;
(B) Comply with the county purchasing procedures under § 14-22-101 et seq.;
(C) Comply with the Arkansas County Accounting Law of 1973, § 14-25-101 et seq.; and
(D) Comply with the Local Fiscal Management Responsibility Act, § 14-77-101 et seq.;
(5) Be operated in compliance with this subchapter and all other laws and rules related to the administration of solid waste management systems and recycling programs in Arkansas;
(6) Encourage the voluntary establishment of tire collection ce
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-9-405
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:8-9-405
Source file: gov.ar.code.title.08.odt
Pages: Not recorded – Not recorded
Passage SHA-256: b692193f95f92307b8ed864c21daae24c670b353ea57150328e24d0e3eaf667d
Source location: content.xml paragraph 9928
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8-9-405. Used tire program reimbursements.
(a) The Division of Environmental Quality shall establish the Used Tire Recycling and Accountability Program to:
(1) Reimburse used tire programs for used tire recycling and disposal costs;
(2) Incentivize recycling used tires collected under this subchapter;
(3) Provide accountability for the disbursement of moneys to used tire programs; and
(4) Otherwise improve the sustainability of used tire programs.
(b) To be eligible for reimbursements under this subchapter, a used tire program shall:
(1) Be included in the solid waste management system under § 8-9-101 et seq. for each regional solid waste management district that the used tire program serves;
(2) Have a used tire management plan for each regional solid waste management district that the used tire program serves to include without limitation a schedule for identification and cleanup of waste tire sites that is updated until abatement of each identified waste tire site is completed;
(3) Be included in each regional solid waste management district's recycling program under § 8-9-203 that the used tire program serves;
(4) If operated by a political subdivision of the state or other public entity:
(A) Use the financial management system under § 14-21-101 et seq.;
(B) Comply with the county purchasing procedures under § 14-22-101 et seq.;
(C) Comply with the Arkansas County Accounting Law of 1973, § 14-25-101 et seq.; and
(D) Comply with the Local Fiscal Management Responsibility Act, § 14-77-101 et seq.;
(5) Be operated in compliance with this subchapter and all other laws and rules related to the administration of solid waste management systems and recycling programs in Arkansas;
(6) Encourage the voluntary establishment of tire collection centers at tire retailers, tire processing facilities, and solid waste disposal facilities for the deposit of tires generated in the state;
(7) Provide the division with business plan information required under § 8-9-408;
(8) Provide the division with all quarterly financial information and progress reports related to § 8-9-409;
(9)(A) Establish tire collection centers within each county served by the used tire program that accepts tires from tire retailers at no charge if the tire retailer establishes that it:
(i) Collects the rim removal fee imposed under § 8-9-404(a); and
(ii) Complies with the electronic uniform used tire manifest system under § 8-9-407.
(B) The tire collection centers under this subdivision (b)(9) may be at any one (1) or more of the following:
(i) A solid waste disposal facility;
(ii) A tire processing facility; or
(iii) A tire retailer; and
(10) Establish at least one (1) tire collection center within each county served by the used tire program.
(c) A used tire program that receives reimbursements under this section may:
(1) Contract with a tire processing facility that is approved by the Director of the Division of Environmental Quality;
(2) Remove or contract for the removal of tires from waste tire sites within the regional solid waste management district;
(3) Provide incentives for establishing privately operated tire collection centers for the public; and
(4) Form an inter-district used tire program.
(d) Moneys disbursed from the Used Tire Recycling Fund by the division for reimbursements under this section shall be:
(1) Distributed as provided under this section only to the used tire programs that comply with all applicable requirements in this subchapter related to the operation of used tire programs;
(2) Based on moneys available in the fund, the approved business plan rate, quarterly financial reports, and other documentation submitted by the used tire programs; and
(3) Made on a quarterly basis to the used tire programs.
(e)(1) Quarterly disbursements from the fund shall be paid each quarter from all available moneys collected and available for disbursement in that quarter.
(2) If there are insufficient moneys available in a quarter to make reimbursements for all submitted requests under subsection (f) of this section, the division shall calculate the total remaining funding available and allocate the moneys available for reimbursement to each used tire program based on a pro rata share of each used tire program's reimbursement request compared to the total moneys available.
(3)(A) The Arkansas Pollution Control and Ecology Commission may increase reimbursement rates if the director recommends an increase because of one (1) or more of the following:
(i) The relevant consumer price index for the preceding calendar year exceeded the consumer price index for calendar year 2018; or
(ii) The used tire programs have established an increase in operation costs.
(B) An increase to any reimbursement rate under subsection (f) of this section shall not exceed ten percent (10%) each calendar year.
(f) Based on data received from the electronic uniform used tire manifest system and quarterly reports, the funding for reimbursement for processing, recycling, or disposing of used tires at the approved business plan rate may be available from the fund for used tire programs that are in compliance with all applicable requirements of this subchapter.
(g) At the request of a used tire program that needs operational assistance or guidance on compliance with this subchapter, the division shall provide to the used tire program operational assistance or guidance on compliance with this subchapter.
(h) The division shall:
(1) Develop market opportunities for beneficial use of used tire material; and
(2) Educate the public on the Used Tire Recycling and Accountability Program.
Cross-references
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Arkansas Code — all titles (historical 2020) · legal_authorities
14-21-101. Comprehensive financial management system.
(a)(1) In order to provide necessary financial information for the county judge, the members and committees of the county quorum court, and other interested officers and departments of the county, the Legislative Auditor is authorized and directed to develop a comprehensive financial management system for appropriate funds of the various counties in the State of Arkansas.
(2) This financial management system shall provide for adequate controls over revenues, expenditures, and balances to assure that current information will always be available concerning the financial condition of the county and its various offices and departments.
(3) The system shall include a budgeting and accounting system designed to classify the receipt of and the appropriations and disbursements of county funds in accordance with the object and purpose of the expenditures in such detail as will be suitable for an analysis of the operations of all county offices and departments and which will provide a breakdown and itemization of all expenditures compatible with and comparable to the appropriations of the quorum court.
(b) In the event any county is of the opinion that its system of budgeting and accounting for appropriated county funds is such that it equals or exceeds the basic system prescribed by this section, the county, acting through the quorum court, may request a review of its system by the Legislative Joint Auditing Committee. If the committee concurs with the county, the committee may issue a certificate to the county stating that the county's budgeting and accounting system is of such degree of sophistication that the basic requirements of this section are being met and exempting the county from the requirements of the part
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-21-101
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 14-21-101. This identifies an authority to review, not proof of applicability.
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
8-9-101. Policy.
It is the policy of the State of Arkansas to encourage and promote recycling in order to conserve natural resources, conserve energy, and preserve landfill space. In furtherance of this policy, the State of Arkansas adopts as a goal in the new century the recycling of forty percent (40%) of its municipal solid waste and forty-five percent (45%) of its municipal solid waste, as shall be determined by the Arkansas Department of Environmental Quality or the Division of Environmental Quality by rule.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-9-101
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 8-9-101. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-9-203. Recycling by governmental entities.
(a) Each state agency, state college or university, county, city, and public school, in cooperation with the Division of Environmental Quality and the Compliance Advisory Panel shall:
(1) Establish a source separation and recycling program for recyclables generated as a result of agency operations;
(2) Adopt procedures for collection and storage of recyclables; and
(3) Make contractual or other arrangements for transportation and sale of recyclables.
(b) Nothing in this section shall prohibit any state agency, state college or university, county, city, or public school from engaging in, contracting for, or otherwise allowing or arranging for composting of yard waste on property owned or controlled by the governmental entity.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-9-203
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 8-9-203. This identifies an authority to review, not proof of applicability.