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8-9-414. Powers and duties of the Arkansas Pollution Control and Ecology Commission.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-9-414. Powers and duties of the Arkansas Pollution Control and Ecology Commission.
(a) The Arkansas Pollution Control and Ecology Commission shall promulgate rules to carry out the intent and purposes of this subchapter.
(b) The rules shall:
(1)(A) Except as provided under subdivision (b)(1)(B) of this section, provide for the administration of permits for tire processing facilities, tire collection centers, commercial generators, and any other person or entity that collects, receives, processes, recycles, or disposes of used tires regulated under this subchapter with the maximum permit fee not to exceed two hundred fifty dollars ($250) annually.
(B) The maximum permit fee under this subdivision (b)(1) shall not apply to tire transporters;
(2) Establish standards for tire processing facilities, tire collection centers, tire transporters, and beneficial use projects;
(3) Establish procedures for administering reimbursements to used tire programs under § 8-9-405;
(4) Unless otherwise provided by law, authorize the final disposition of waste tires at a permitted solid waste disposal facility if the waste tires have been cut into sufficiently small parts for proper disposal and in compliance with this subchapter and all other applicable provisions in this title;
(5) Establish procedures for administering the electronic uniform used tire manifest system;
(6) Establish accountability procedures for the sustainability of used tire programs operated under this subchapter; and
(7)(A) Establish the number of tires that each individual who is a resident of a regional solid waste management district may discard monthly without a fee.
(B) The maximum number of tires under this subdivision (b)(7) shall not be more than four (4) tires per month.
(c) The commi
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-9-414
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:8-9-414
Source file: gov.ar.code.title.08.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 82d6c7a11a77cc7e488f54dfa8d8a86018e67d13b2db788a9c73404d577f5f16
Source location: content.xml paragraph 10104
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8-9-414. Powers and duties of the Arkansas Pollution Control and Ecology Commission.
(a) The Arkansas Pollution Control and Ecology Commission shall promulgate rules to carry out the intent and purposes of this subchapter.
(b) The rules shall:
(1)(A) Except as provided under subdivision (b)(1)(B) of this section, provide for the administration of permits for tire processing facilities, tire collection centers, commercial generators, and any other person or entity that collects, receives, processes, recycles, or disposes of used tires regulated under this subchapter with the maximum permit fee not to exceed two hundred fifty dollars ($250) annually.
(B) The maximum permit fee under this subdivision (b)(1) shall not apply to tire transporters;
(2) Establish standards for tire processing facilities, tire collection centers, tire transporters, and beneficial use projects;
(3) Establish procedures for administering reimbursements to used tire programs under § 8-9-405;
(4) Unless otherwise provided by law, authorize the final disposition of waste tires at a permitted solid waste disposal facility if the waste tires have been cut into sufficiently small parts for proper disposal and in compliance with this subchapter and all other applicable provisions in this title;
(5) Establish procedures for administering the electronic uniform used tire manifest system;
(6) Establish accountability procedures for the sustainability of used tire programs operated under this subchapter; and
(7)(A) Establish the number of tires that each individual who is a resident of a regional solid waste management district may discard monthly without a fee.
(B) The maximum number of tires under this subdivision (b)(7) shall not be more than four (4) tires per month.
(c) The commission may:
(1) Develop an alternative tire transporter licensing program to be administered by used tire programs, regional solid waste management boards, or both;
(2) Promulgate rules that are necessary to administer the fees and reimbursement rates for services provided under this subchapter by the used tire programs; and
(3) Clarify and add definitions for sizes of tires using technical information and specifications.
(d)(1) The commission shall encourage the establishment of voluntary tire collection centers where used tires generated in Arkansas can be deposited.
(2) The voluntary tire collection centers shall include without limitation tire retailers, tire processing facilities, and solid waste disposal facilities.
(3) The voluntary tire collection centers shall not include the collection of tires generated by a tire manufacturer.
(e) The commission shall not prohibit the disposal of waste tires in landfills or monofills for three (3) years from August 1, 2017.
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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. The source passage cites 8-9-405. This identifies an authority to review, not proof of applicability.