Arkansas Administrative Code Agency 231 - Northwest Arkansas Regional Solid Waste Management District
Arkansas Administrative Code — Agency 231
Northwest Arkansas Regional Solid Waste Management District
CHAPTER A — ADMINISTRATIVE PRACTICES AND PROCEDURES
Subchapter 1 — Authority and Definitions
Authority:
The District’s Board of Directors has authority from state law to regulate solid waste management.
Administrative records are maintained at the Northwest Arkansas Economic Development District office and are available for public inspection.
Selected Definitions:
Board: Board of Directors of the Northwest Arkansas Regional Solid Waste Management District.
Certificate of Need: A certificate issued by the Board to an applicant proposing a facility that requires a solid waste disposal permit.
District: The Northwest Arkansas Regional Solid Waste Management District covering specific counties.
Hauler: A person or entity that collects or transports solid waste (not including homeowners managing their own household waste).
Solid Waste: Garbage, refuse, sludge, and other discarded materials from industrial, commercial, mining, agricultural, and community activities.
Transfer Station: A facility for moving waste from smaller to larger transport vehicles (not a disposal site).
Rule: Any District regulation guiding procedures and policy.
Subchapter 2 — Rulemaking
The Board may adopt, modify, or repeal District rules at any regular Board meeting.
CHAPTER B — CERTIFICATES OF NEED
Subchapter 3 — Authority and Applicability
The District issues Certificates of Need for new or expanded solid waste facilities.
Certificates of Need are required for new landfills or transfer stations unless the facility is privately owned and used only by the owner.
Subchapter 4 — Certificate of Need Procedures
Notice of Intent:
Applicants must provide written notice at least 30 days before applying. Required details include contact information, facility location, and confirmation of a request for capacity data.
Application Content:
Applicant information, property ownership, site and map, facility size and capacity, service area, and supporting documentation.
Review Process:
Completeness is determined within 14 days.
Public review period of 30 days including a public hearing.
Board must act within 120 days; if not, the request is denied.
Appeals go to the Director of the Arkansas Department of Environmental Quality.
CHAPTER C — CERTIFICATE OF COMPLIANCE
Composting or waste tire processing permits require a Certificate of Compliance.
Certificates ensure consistency with the District’s Solid Waste Management Plan.
The Board issues Certificates of Compliance and handles appeals and compliance procedures.
CHAPTER D — WASTE HAULER LICENSING PROGRAM
Purpose and Scope
Hauler licenses are required for anyone collecting or transporting waste in the District, except for individuals managing their own household waste.
The program ensures public health and helps plan waste management.
Permitting Requirements
Applicants must have a valid driver’s license.
Vehicles must be registered annually.
Applicants must provide information about types of waste and destinations.
Permits are non-transferable.
Fees and Insurance
Annual fees per vehicle.
Proof of liability insurance required, with the District as additional insured.
Penalties
Violations are misdemeanors with fines, jail time, or both.
Includes operating without a permit, failing to pay fees, or violating waste transport rules.
CHAPTER E — DISTRICT ASSESSMENTS AND FEES
Fees assessed on waste collected or disposed within the District.
Fees remitted quarterly.
Rates are specified per ton or per cubic yard of waste.
CHAPTER F — WASTE TRANSFERS
Procedures for transferring solid waste into or out of the District.
Requests reviewed based on impact, environmental effect, compliance history, and consistency with solid waste plans.
CHAPTER G — ILLEGAL DUMPS PROGRAM
The District investigates, assesses, and remediates illegal dumping.
Complaint process is confidential.
Board sets procedures for evaluating and acting on illegal dumps.
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