Arkansas Administrative Code
Agency 207 - Benton County Regional Solid Waste Management District
Rule 207.00.13-001 - Emergency Change to the Rules and Regulations of the Benton County Solid Waste Management District

§ 1.01 Authority

Ark Code Ann § 8-6-712 authorizes regional solid waste management boards to

§ 1.02 Restriction on Bonds

Pursuant to ACA 8-6-713, unless approved by the regional solid waste management board, no municipality, county, improvement district, or sanitation authority within the regional solid waste management district shall:

§ 1.03 Eminent Domain.

Pursuant to ACA 8-6-715, in the event that necessary lands needed for the accomplishment of the purposes authorized by this chapter cannot be acquired by negotiation, any district is authorized to acquire the needed lands by condemnation proceedings under the power of eminent domain.

The proceedings may be exercised in the manner now provided for taking private property for rights-of-way for railroads as set forth in § § 18-15-1202 -- 18-15-1207.

As a part of the proceedings, the district shall file an environmental impact statement with the court. Nothing herein shall allow the district to appropriate by eminent domain any property upon which is located a permitted landfill, recycling facility, or incinerator or for which a permit for a landfill, recycling facility, or incinerator is pending.

§ 1.04 Definitions

Unless otherwise noted, all terms contained in these regulations are defined as set forth in any current version of any Pollution Control and Ecology Commission Regulations. Any changes made by the Commission shall be considered immediately engrossed within these regulations. Should a conflict in definition arise, the terms are defined by their plain meaning.

This section contains definitions for terms that may appear throughout these regulations. Additional definitions may appear as needed for specific chapters. Except where noted otherwise, the term 'may' is permissive and the term 'shall' is a directive or requirement. When used in the regulations:

Active life means the period of operation beginning with the initial receipt of solid waste and ending at completion of closure activities, but not including the post closure care period.

Active portion means that part of a facility or unit that has received or is receiving wastes and has received only a six inch daily cover layer or a layer of approved alternative cover materials as required by Reg.22.413 (a) and (b). The active portion does not include areas that have received the intermediate cover layer described in Reg.22.413 (b) or that have been closed in accordance with the closure requirements of Reg.22.1301 of this regulation.

Administrative Procedure Act means the Arkansas Administrative Procedure Act codified at Ark. Code Ann. § § 25-15-201 to 214, as amended from time to time.

ADEQ means the Arkansas Department of Environmental Quality.

Agent of the Grantee means any corporation, Profit or nonprofit, or any person rendering services to the grantee under the terms of this regulation and under the terms of a written agreement with the grantee for the stated purpose of implementing the grantee's solid waste programs.

Applicant means a District as defined in A.C.A. § 8-6-702, a local government, or a delegated authority or agent of such District or government that makes application for a grant pursuant to Commission Regulation 11.

Adjudicatory Action means an action taken by the District to assess a penalty; suspend, revoke or deny a license or permit, or other punitive action against another person, with the exception of the denial of a Certificate of Need.

Airport means public-use airport open to the public without prior permission and without restrictions within the physical capacities of available facilities.

Aquifer means a geological formation, group of formations, or portion of a formation capable of yielding significant quantities of ground water to wells or springs. Significant quantities of ground water shall be a defined as an adequate amount of water to conduct all required analytical tests.

Areas susceptible to mass movement means those areas of influence (i.e., areas characterized as having an active or substantial possibility of mass movement) where the movement of earth material at, beneath, or adjacent to the unit, because of natural or man-induced events, results in the downslope transport of soil and rock material by means of gravitational influence. Areas of mass movement include, but are not limited to, landslides, avalanches, debris slides and flows, soil fluxion, block sliding, and rock fall.

Beneficial Fill means materials for use in filling low areas, improving drainage or stabilizing slopes or embankments. However, placement of beneficial types of fill material into a prepared hole may not be considered 'beneficial,' but may constitute unpermitted disposal. Projects that incorporate the use of beneficial fill material shall generally be completed within less than 60 days.

Beneficial fill material includes asphalt, brick, concrete, ceramics, and uncontaminated soil or dirt. Additional materials may be considered by the Director on a case-by-case basis prior to initiation of fill activity. Nothing in this section is to preclude the use of recovered materials as cited in Reg.22.103 (i) and (j).

Bird hazard means an increase in the likelihood of bird/aircraft collisions that may cause damage to the aircraft or injury to its occupants.

Board means the Board of Directors of the Benton County Regional Solid Waste Management District.

Certificate of Need means a certificate issued by the Board to any person proposing to obtain a permit for a solid waste facility.

Certificate of Need Review means review of the application for a Certificate of Need.

Class 1 wastes means nonhazardous household, commercial, and industrial solid waste as defined herein; and small quantities of conditionally exempt hazardous wastes.

Class 3 wastes means nonhazardous commercial, industrial and special solid wastes that are permitted by the Department to be disposed of in a Class 3 landfill.

Class 4 wastes means nonhazardous, bulky, inert, non-putrescible solid wastes that do not degrade, or degrade very slowly and are permitted by the Department to be disposed of in a Class 4 landfill. Class 4 wastes include construction and demolition wastes, appliances, furniture, stumps, limbs and other bulky wastes that are not normally collected with other household, commercial or industrial waste.

Commercial solid waste means all types of solid waste generated by stores, offices, restaurants, warehouses, and other nonmanufacturing activities, excluding household and industrial waste.

Commission means the Arkansas Pollution Control & Ecology Commission.

Compacted Cubic Yard of Waste means a volume equal to 3' x 3' x 3' of solid waste which has received any amount of mechanical compaction.

Composting means the deliberate aerobic, biological decomposition of yard waste or other solid waste, resulting in a stable humus-like product.

Construction of permitted facilities or Construction refers to activities for which regulatory design and construction standards are provided herein. Clearing and grubbing, ingress and egress roadways, storm water facilities, office and garage buildings, scales, electrical and water utilities, purchasing of rolling equipment, and site monitoring wells are not considered as construction of permitted landfill disposal facilities. However, the construction of the items listed above shall have no bearing on the approval or disapproval of an application, nor shall the construction activities relieve the applicant from meeting any design or construction requirements. The Initiation of Construction of permitted landfill disposal facilities does refer to the construction of clay liner system or composite liner system, leachate control and management systems.

The Initiation of Construction of other types of permitted solid waste management or processing facilities shall refer to any activities including and following the construction of footings or foundation.

Construction and Demolition (C&D) waste means any and all material and debris that might result from the construction or demolition of any building or other manmade structure including but not limited to single and multifamily dwellings, commercial buildings, road and highway construction and repair, remodeling and additions to existing structures and roofing. Materials may include (but are not limited to) dimensional lumber, roofing materials, bricks, concrete blocks, siding, gypsum (drywall), masonry, metal, cardboard, concrete with and without rebar, fill materials (including earth, gravel and stone), glass, and any other material that may be used in any construction project or may be salvaged from any demolition project.

Construction and Demolition Recycling Facility (C&DRF) means a facility that provides for the extraction from mixed construction and demolition waste of recoverable materials.

Construction Quality Assurance refers to the means and actions used to assure conformity of the liner and cover system component production and installation to the approved Construction Quality Assurance Plan.

Construction Quality Control means those actions taken by manufacturers, fabricators, and/or installers to ensure that materials and workmanship meet the requirements of the approved Construction Quality Assurance Plan.

Contaminated soils means those soils that have been physically, chemically, or biologically altered from their natural state. As used in this regulation, a soil is contaminated if it has come into contact and/or mixed with some other substance such that the soil or substance and soil mixture is a threat to human health or the environment, and requires remediation, treatment, or disposal in accordance with these regulations to mitigate such threats.

Department means the Department of Environmental Quality of the State of Arkansas, or its successor, including the Director and Department Staff.

Design Narrative means that portion of the narrative that describes the design of the solid waste management facility.

Destruction or adverse modification means a direct or indirect alteration of critical habitat that appreciably diminishes the likelihood of the survival and recovery of threatened or endangered species using that habitat.

Director means the Director of the Arkansas Department of Environmental Quality or the Director's designee.

Disease vectors means any rodents, flies, mosquitoes, or other animals, including insects, capable of transmitting disease to humans.

Displacement means the relative movement of any two sides of a fault measured in any direction.

Disposal means abandoning, depositing, releasing, dumping, spilling, leaking, or placing of any solid waste into or on any land or water so that such solid waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any water.

Disposal site or Disposal facility means any place at which solid waste is dumped, abandoned, or accepted or disposed of for final disposition by incineration, landfilling or any other method. The operations of wastewater treatment facilities permitted under the National Pollutant Discharge Elimination System (NPDES), Underground Injection Control (UIC) program and hazardous waste management facilities permitted under the Arkansas Hazardous Waste Management Act (A.C.A.' 8-7-201 et seq.) shall not be deemed to be disposal sites or facilities for the purposes of this Regulation.

Directors means the members of the Board of Directors of the Benton County Regional Solid Waste Management District.

District means the Benton County Regional Solid Waste Management District, which includes all of Benton County and the municipalities within the county.

Endangered or threatened species means any species listed as such pursuant to Section 4 of the Endangered Species Act.

Executive Director means the Director of the Benton County Regional Solid Management Waste District.

Existing municipal solid waste landfill unit means any municipal solid waste landfill unit that is receiving solid waste as of the appropriate compliance dates specified in Reg.22.103 (f). Waste placement in existing units must be consistent with past operating practices or modified practices to ensure good management.

Facility means all contiguous land and structures, other appurtenances, and improvements on the land used for the disposal, treatment or processing of solid waste.

Fault means a fracture or a zone of fractures in any material along which strata on one side have been displaced with respect to that on the other side.

Floodplain means the lowland and relatively flat areas adjoining inland and coastal waters, including flood prone areas of offshore islands, that are inundated by the 100-year flood.

Gas condensate means the liquid generated as a result of gas recovery processes at the landfill.

General Permit means a single common permit issued by the Department following public notice and comment for a class of solid waste processing facility owners and operators. Eligible owners and operators may construct and operate under the terms of the general permit without obtaining an individual permit.

Ground water or groundwater means water below the land surface in a zone of saturation.

Grant Decisions means final administrative decisions by the Director on all applications for grants pursuant to the Department's administration of grant programs represented under this regulation and the final decision of the Director on any disputes arising under any such grant.

Grant Round means a single grant cycle that the Department opens with the acceptance of new applications for funding and ends with the disbursement of grant awards from funds available for the grant cycle.

Grantee means the grant applicant awarded funding for a grant proposal.

Hauler means a person engaged in the collection or transportation of solid waste for disposal, transfer or storage. Hauler does not include a person transporting non-commercial waste to a permitted facility.

Hazardous waste means a hazardous waste as defined by Regulation Number 23 of the Pollution Control and Ecology Commission.

Hazardous waste generated by conditionally exempt small quantity generators means waste generated by persons meeting the criteria set forth at 40 CFR 261.5 as incorporated by reference in Regulation Number 23 of the Pollution Control and Ecology Commission, or such lesser volumes as are identified by state regulations that are in effect at the time of generation or storage of such waste.

Herbicide and pesticide container means a spent container that has contained (a) any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pests, (b) any substance or mixture of substances intended for use as a plant regulator, defoliant, desiccant, and (c) any substance or mixture of substances intended to be used as a spray adjuvant and not controlled by the Arkansas Hazardous Waste Management Act [A.C.A.' 8-7-201 et seq.] and Regulation Number 23 of the Pollution Control and Ecology Commission.

Highly toxic pesticide container means a spent container that has contained any pesticide determined to be a highly toxic pesticide that under the authority of Section 25(a)(2) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) the Arkansas Hazardous Waste Management Act (A.C.A. 8-7-201 et seq.) and Regulation Number 23 of the Pollution Control and Ecology Commission.

Holocene means the most recent epoch of the Quaternary period, extending from the end of the Pleistocene Epoch to the present.

Household waste means any solid waste (including garbage, trash, and sanitary waste in septic tanks) derived from households (including single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds, and day-use recreation areas).

In-Kind Contribution means a contribution to a grant or fund project, which is not cash, but has value, such as real estate, goods or services, which is provided by the grantee or another contributor.

Incinerator ash means any tangible residue resulting from the incineration of solid waste.

Individual permit means a permit issued by the Director to a person as defined herein for the construction of a solid waste disposal or processing facility pursuant to the requirements of Regulation 22.

Industrial solid waste means solid waste generated as a result of manufacturing or industrial processes that is not a hazardous waste regulated under Subtitle C of RCRA or as defined by Regulation Number 23, Sections 260.10 and 261.3, of the Pollution Control and Ecology Commission. Such waste may include, but is not limited to, waste resulting from the following manufacturing or industrial processes: Electric power generation; fertilizer/agricultural chemicals; food and related products/by-products; inorganic chemicals; iron and steel manufacturing; leather and leather products; nonferrous metals manufacturing/foundries; organic chemicals; plastics and resins manufacturing; pulp and paper industry; rubber and miscellaneous plastic products; stone, glass, clay, and concrete products; textile manufacturing; transportation equipment; and water treatment. This term does not include mining waste or oil and gas waste.

Infectious waste means laboratory wastes, including pathological specimens (i.e., all tissues, specimens of blood elements, excreta and secretions obtained from patients and laboratory animals) and disposal fomites (any substance which may harbor or transmit pathogenic organisms) attendant thereto. It also means surgical operating room pathologic specimens and disposal fomites attendant thereto and similar disposal materials from out-patient areas and emergency rooms, including equipment, instruments, utensils and fomites of a disposal nature from the rooms of patients who are suspected to have or have been diagnosed as having a communicable disease and must, therefore, be isolated, as required by public health agencies.

Interested persons means the applicant and any persons who submit public comments during the comment period either in writing or verbally at the public hearing.

Karst terrains means areas where karst topography, with its characteristic surface and subterranean features, is developed as the result of dissolution of limestone, dolomite, or other soluble rock. Characteristic physiographic features present in karst terranes include, but are not limited to, sinkholes, sinking streams, caves, large springs, and blind valleys.

Land application unit means an area where wastes are applied onto or incorporated into the soil surface (excluding manure spreading operations) for agricultural purposes or for treatment and disposal.

Landfill or landfill unit means a discrete area of land or an excavation that is permitted by ADEQ and receives solid waste for disposal, and that is not a land application unit, surface impoundment, injection well or waste pile, as those terms are defined under 40 CFR 257.2.

Landfill Gate means the entry point at a solid waste management landfill facility at which the waste is received from the landfill customer, the waste is weighed or measured, waste receipt fees are determined, and waste tickets are issued, except those landfills where a private industry bears the expense of operating and maintaining the landfill solely for the disposal of waste generated by the industry or wastes of a similar kind or character.

Lateral expansion means a horizontal expansion of the waste boundaries of an existing municipal solid waste landfill unit.

Leachate means a liquid that has passed through or emerged from solid waste and contains soluble, suspended, or miscible materials removed from such waste.

Lithified earth material means all rock, including all naturally occurring and naturally formed aggregates or masses of minerals or small particles of older rock that formed by crystallization of magma or by induration of loose sediments. This term does not include man-made materials, such as fill, concrete, and asphalt, or unconsolidated earth materials, soil, or regolith lying at or near the earth surface.

Liquid waste means any waste material that is determined to contain "free liquids" as defined by Method 9095 (Paint Filter Liquids Test), as described in "Test Methods for Evaluating Solid Wastes, Physical/Chemical Methods" (EPA Pub. No. SW-846).

Material Recycling Facility or MRF means a facility engaged solely in practices related to the management or diversion of source separated recoverable materials from the waste stream including storage, processing, marketing or reuse of recovered materials. Such term shall not include a solid waste recovery or handling facility provided; however, that any solid waste generated by such facility shall be subject to all applicable laws and regulations relating to such solid waste.

Maximum horizontal acceleration in lithified earth material means the maximum expected horizontal acceleration depicted on a seismic hazard map, with a 90 percent or greater probability that the acceleration will not be exceeded in 250 years, or the maximum expected horizontal acceleration based on a site-specific seismic risk assessment.

Medical waste means a waste from health care related facilities which if improperiy treated, handled or disposed of may serve to transmit an infectious disease(s) and as further defined by A.C.A. 20-32-101 et seq.

Monofill means a separately permitted landfill or landfill unit specifically designed and operated for the sole disposal of incinerator ash, sludge, tires, or other wastes where only a single type of waste is placed in the landfill unit.

Municipal landfill means a discrete area of land or an excavation that receives household waste, and that is not a land application unit, surface impoundment, injection well, or waste pile, as those terms are defined under 40 CFR 257.2. A municipal solid waste landfill unit also may receive other types of RCRA subtitle D wastes, such as commercial solid waste, nonhazardous sludge, conditionally exempt small quantity generator waste and industrial solid waste. Such a landfill may be publicly or privately owned.

A municipal solid waste landfill unit may be a new municipal solid waste landfill unit, an existing municipal solid waste landfill unit or a lateral expansion.

Municipality means a city of the first class or city of the second class or an incorporated town.

Narrative means the document or documents provided with the permit application that includes all written documentation required by the Department to evaluate the proposed design, construction, and operation of the solid waste management facility.

New municipal solid waste landfill unit means any municipal solid waste landfill unit that has not received waste prior to the compliance dates specified in Reg.22.103 (f).

One hundred (100) -year flood means a flood that has a 1-percent or greater chance of recurring in any given year or a flood of a magnitude equaled or exceeded once in 100 years on the average over a significantly long period.

Open dump means a site that has been used for the disposal of solid waste which is not a permitted Solid Waste Facility.

Open burning means the combustion of solid waste without:

§ 2.01 Proposed Action

Pursuant to A.C.A. 25-15-204, The District shall afford all interested persons reasonable opportunity to submit written data, views, or arguments, orally or in writing prior to the adoption, amendment, or repeal of any District rule or regulation unless an emergency is determined to exist as discussed in Section 2.06 of these rules.

§ 2.02 Notice of Proposed Action

§ 2.03 Public Comment

The notice in § 2.02 shall solicit written comments from the public for a period of not less than thirty (30) days from the date of publication. The notice shall also provide the address where all comments should be sent.

§ 2.04 Public Hearing

Pursuant to ACA 14-14-108, the District shall hold a public hearing to take both oral and written testimony from the public for and against the proposed action. District staff shall give notice of the time, place, and purpose of the public hearing at least ten (10) days prior to the day on which the hearing is to be held, in a newspaper having a general circulation in the District.

Petitions and letters received by the District Staff prior to the liearing shall be entered into the minutes of the hearing and considered as other testimony received at the hearing;

A summary or transcript of the testimony received during the public hearing will be submitted to the Board prior to their determination.

§ 2.05 Final Action

§ 2.06 Emergency Proceedings

Should the District find that imminent peril to the public health, safety or welfare or compliance with federal or state laws or regulations requires adoption of a regulation upon fewer than thirty (30) days notice, and states in writing its reasons for that finding, it may proceed without prior notice or hearing, or upon any abbreviated notice and hearing that it may choose, to adopt an emergency rule or regulation. Any emergency regulation so adopted may be effective for no longer than one hundred twenty (120) days.

§ 2.07 Petitions for Action

The District shall accord any person the right to petition for the issuance, amendment, or repeal of any rule. Within thirty (30) days after submission of a petition, the District shall:

§ 2.08 Filing

The District shall file with the Secretary of State, the Arkansas State Library and the Bureau of Legislative Research, a certified copy of each proposed rule and a statement of financial impact for the proposed rule. The scope of the financial impact statement shall be determined by the District but at a minimum shall include the estimated cost of complying with the rule and the estimated cost for the District to implement the rule. If the District has reason to believe that the development of a financial impact statement will be so speculative as to be cost prohibitive, the District shall submit a statement and explanation to that effect.

§ 2.09 Effective Date

Each final rule or regulation adopted by the District shall be effective thirty (30) days after filing with the Secretary of State unless a later date is specified by law or in the regulation itself. However, an emergency rule or regulation may become effective immediately upon filing, or at a stated time less than 30 days thereafter, if the District finds that this effective date is necessary because of imminent peril to the public health, safety or welfare. The District's finding and a brief statement of the reasons therefore shall be filed with the regulation.

Before the effective date of a final rule or immediately upon adoption of an emergency rule, the District shall take appropriate measures to make the revised rule known to the persons who may be affected by them. These measures will include publishing on the District's website the following: the final rule; copies of all written comments submitted to the District regarding the rule; a summary of all written and oral comments submitted to the Distnct regarding the rule and the District's response to those comments; a summary of the financial impact of the rule; and the proposed effective date of the final rule.

§ 2.10 Certification of Regulations

A copy of any regulation adopted by the Board may be certified by signature of the Chairperson and Secretary of the Board, and by affixing the official seal of the District thereon.

§ 2.11 Official Records

The District shall maintain a certified copy of every regulation or rule adopted by the District. This copy shall be kept at the principal office of the District. A copy of each notice of rulemaking shall also be kept on file at the District.

§ 2.12 Substantial Compliance

Every Rulemaking Action by the District shall be effective if the Rulemaking Action substantially complies with this A.C.A. 25-15-204.

§ 2.13 Preemption by State or Federal Law

If any law of the State of Arkansas or the United States shall require a different method for Rulemaking Action in a particular situation, the provisions of this Subchapter shall be preempted to the extent necessary to comply with State or Federal law. Whenever possible, the provisions of this Subchapter shall be interpreted to be consistent with requirements of State and Federal law.

§ 2.14 Actions for Declaratory Judgments

The validity or applicability of a rule may be determined in an action for declaratory judgment if it is alleged that the rule, or its threatened application, injures or threatens to injure the plaintiff in his person, business, or property. The action may be brought in the circuit court of any county in which the plaintiff resides or does business or in Benton County Circuit Court. A declaratory judgment may be rendered whether or not the plaintiff has requested the agency to pass upon the validity or applicability of the rule in question.

§ 2.15 Severability

If any provision of any District Rule or Regulation or the application thereof to any Person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of District Rules, which can be given effect without the invalid provision or application, and to this end the provisions of all District Rules shall be considered severable

§ 3.01 Assessment of Penalty

Unless otherwise indicated within a subsequent chapter, the Executive Director, who shall keep a log of all complaints or violations, is granted the discretion and authority to assess monetary penalties for violations of District Regulations as well as to revoke, suspend or deny a license or permit to any person for cause; after an attempt to resolve any violation of complaint informally. No less than twenty four (24) hours shall be granted to correct or remediate any complaint or violation.

§ 3.02 Exemptions

Compliance and enforcement actions related to any subsequent chapter for which a separate Compliance and Enforcement Subchapter exists shall be exempt from action under this subchapter and will be subject to enforcement only under the appropriate Subchapter.

§ 3.03 Form

§ 3.04 Request for Appeal

§ 3.05 Appeal to Board

§ 3.06 Final Agency Action

The written order adopted by the Board shall be the final agency action for the purpose of appeal to Circuit Court.

§ 3.07 Appeals to Circuit Court

The appellant may appeal the final agency action of the Board to Circuit Court in Benton County in Arkansas.

§ 6.01 Authority

Ark. Code Ann. § 8-6-706 authorizes Districts to adopt procedures for the issuance of Certificates of Need.

§ 6.02 Applicability

As required by Commission Regulations, all applicants for a solid waste disposal or processing facility permit including but not limited to new solid waste landfill permit, new transfer station permit; new Solid waste recovery facility (WRF) permit, or for an expansion of the permitted capacity of an existing landfill, except for permits for Class 3N Noncommercial landfills, proposed to be located either wholly or partially within Benton County, must obtain a certificate of need from the District Board prior to applying for the permit from ADEQ.

§ 7.01 Notice of Intent

At least fifteen (15) days prior to submitting an application for a Certificate of Need, the applicant must notify the District, in writing, of its intent to submit such an application. The Notice of Intent shall include the following information:

§ 7.02 Application

Persons requesting a Certificate of Need from the District must submit an application to the District. All applications for Certificates of Need shall include, at a minimum, the following information:

§ 7.03 Determination of Completeness

Within thirty (30) days of receipt of the initial application, the District will determine if the application is administratively complete and contains all required information, documents and submittals. Any additional information the District determines is necessary to make a decision on the need of the proposed facility will be requested within this time. If additional information is requested by the District, it will again determine completeness of the application within thirty (30) days of the receipt of the additional information.

§ 7.04 Comment Period

Once the District has determined that an application for a Certificate of Need is administratively complete, it will so notify the applicant.

A public notice regarding the application for a Certificate of Need shall be prepared by the District for publication by the applicant. The public notice shall include the following:

§ 7.05 Public Hearing

During the comment period, the District will conduct one or more public hearings within the municipality or county where the proposed facility or modification is to be located.

§ 7.06 Application Evaluation

At the first regularly scheduled Board meeting following the close of the comment period, the Board will take up for consideration the application for a Certificate of Need. Those supporting the issuance of the Certificate of Need and those opposing the issuance of the Certificate of Need will be provided with a total of 10 minutes for each side to address the application. The Board may, at its discretion, table the decision on the application until a future Board meeting.

Once the Board has had sufficient time to thoroughly review all of the materials and comments related to the application for a Certificate of Need, the board shall issue or deny the Certificate of Need based upon an evaluation of:

§ 7.07 Appeal of Decision

Any person with standing to a Certificate of Need determination shall have the right to appeal the issuance or denial of a Certificate of Need to the Director of ADEQ in accordance with ADEQ regulations governing such appeals. Persons with standing to appeal the determination shall be only the applicant or permittee and those persons who submitted written or oral public comments for the record during the comment period designated by the District

§ 7.08 Continuing Effect

§ 8.01 Intent

The purpose of this regulation is to protect the public health, welfare and the environment by providing for the regulation of waste tire collection, storage, transporting, processing and disposal and to encourage reducing, reusing, recycling and retreading of waste tires.

§ 8.02 Authority

Ark. Code Ann. § 8-9-403 et al and Commission Reg.14.501 (A) states that District Boards are responsible for the administration of the Waste Tire Program within their respective service areas.

§ 8.03 Definitions

Unless otherwise noted, all terms contained in these regulations are defined as set forth in any current version of any Pollution Control and Ecology Commission Regulations. Any changes made by the Commission shall be considered immediately engrossed within these regulations. Should a conflict in definition arise, the terms are defined by their plain meaning.

This section contains definitions for terms that appear in this subchapter. Except where noted otherwise, the term 'may' is permissive and the term 'shall' is a directive or requirement. When used in the regulations:

Abatement means the removal of waste tires from stock piles or other sites with accumulations of whole or shredded scrap tires.

Automobile Tire means any motor vehicle tire with a load rating of "F" or lower.

Baling means a method of volume reduction whereby tires are compressed into bales.

Civil Engineering Application means the use of waste tires in lieu of or in addition to natural occurring materials (such as rock, sand, dirt, gravel) in construction. This definition does not include land reclamation.

Compacted and Baled Tires means tires that have been mechanically compressed and tied with interlocking wrappings that have been approved by the Department.

Disclosure Statement means a written statement regarding business and legal activities as defined in A.C.A. 8-1-106 etseq.

Distribution Cycle means a single quarterly funding cycle that the Department opens with the acceptance of District quarterly reports which detail monies received and expended, tires collected, and other program related information as determined by the Department; and ends with the distribution of grant monies from funds available for the distribution cycle.

Fee Paid Tire means waste tire in which a state waste tire fee has been collected, reported, and paid on the replacement tire sold at retail.

Grant Decisions means final administrative decisions by the Director on all applications for grants pursuant to the Department's administration of the Waste Tire Program created under A.C.A.' 8-9-401 et seq. and the final decision of the Director on any disputes arising under any such grant.

Grant Round means a two-year grant cycle that the Department opens with the acceptance of new applications for funding and ends with eligibility approval to Districts to participate in quarterly distribution cycles during the given two-year period.

Load Rating means the system of trade designations that identifies the weight carrying capacity range of a tire.

Manufacture Reject Tire means a tire rendered defective in the manufacturing process.

Motor Vehicle means an automobile, motorcycle, truck, trailer, semitrailer, truck tractor and semitrailer combination, or any other vehicle operated primarily on the roads of the State of Arkansas:

§ 8.04 Prohibitions

§ 9.01 Tire Retailers

§ 9.02 Waste Tire Facilities

All applicants for a new solid waste facility permit including a waste tire facility permit, or for a modification or expansion of an existing permit, must obtain a certificate of need from the District prior to applying for the permit from ADEQ as outlined in Chapter B. All waste tire facilities are required to comply fully with all regulations established by the Commission which relate to tires.

§ 9.03 Exemptions

§ 9.04 Waste Tire Collection Centers

§ 9.05 Waste Tire Transporters

§ 9.06 Disposal Fees.

§ 10.01 Project Approval.

Proposed alternative end use projects shall require approval by both the District and the Department. The District shall be responsible for the initial review and approval of specific sites and corresponding construction specification and details. Upon approval by the District, the District shall submit a complete copy of the proposed project to the Department for the second level of review. The Department's review will include, at a minimum, environmental protection, technical adequacy, regulatory compliance, and grant funding eligibility, if applicable.

§ 10.02 Project Proposal Requirements.

The District, at its discretion, may require the proposal to be prepared by a professional engineer, registered in the State of Arkansas. The proposal shall include the following information unless otherwise specified by the District in writing:

§ 10.03 Review Considerations.

The following conditions shall be considered by the District in determining the appropriateness of proposed waste tire end use applications:

§ 10.04 Additional Safeguards.

The District reserves the right to grant conditional approval for an alternative end use project and impose additional operating and/or design requirements as needed to ensure technical adequacy and protection of the environment.

§ 10.05 Posting of Financial Assurance.

The District may, at its discretion, require posting of separate financial assurance for a given application.

§ 10.06 Exemptions

The following uses of waste tires may be exempted from the review and approval requirements of this Chapter as determined by the Department on a case-by-case basis. Approval for an exemption must be obtained prior to the initiation of any project listed below.

§ 11.01 Violations.

It shall be a violation for any person to fail to comply fully with any provision of Chapter C.

§ 11.02 Penalties.

Any person who violates this Chapter shall be deemed guilty of a misdemeanor. Upon conviction, the person shall be subject to imprisonment for not more than thirty (30) days or a fine of not more than one thousand dollars ($1,000), or both imprisonment and fine.

§ 11.03 Enforcement.

The Executive Director is authorized to seek the approval of the Board to institute legal and/or equitable action in the appropriate courts to enforce any violation of Chapter C.

§ 11.04 Inspection and Information Gathering.

Any Person shall, upon the request of any District designee, furnish information relating to any activity at the waste tire facility or business and permit such designee at all times to have access to, and to copy all records relating to such activity. Any District designated person shall be allowed access to all requested records during normal business hours.

§ 11.05 Severability.

If any provision of these regulations or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of these regulations which can be given effect without the invalid provision or application, and to this end the provisions of these regulations are declared to be severable.

§ 12.01 Authority and Purpose

Pursuant to Ark. Code Ann. § 8-6-721, and Commission Regulation 22, the Board is ciiarged with the responsibility of licensing Solid Waste Haulers within the District. The Regional Solid Waste Management Boards may impose more stringent standards than the minimum standards established by the Commission. The purpose of this licensing program is to protect the public health, safety and welfare by regulating and monitoring the collection, transportation and disposal of Solid Waste within the District.

§ 12.02 Solid Waste Hauler

As used in this Chapter, "Solid Waste Hauler" means any person engaged in the collection of Solid Waste within the District, and any Person engaged in the transportation of Solid Waste for disposal or storage within the District. "Solid Waste Hauler" does not include an individual transporting his own household waste to a permitted facility.

§ 12.03 Scope and Applicability

Pursuant to Ark. Code Ann. § 8-6-712, no person, other than as may be designated by the district, shall engage in the collection or utilization of solid waste within the district which would be competitive with the purposes or activities of the district.

The collection of solid waste within the boundaries of the district by any person not properly licensed by the District shall be prohibited.

A person who engages in hauling solid waste within Benton County must obtain a license from the District if:

§ 12.04 Exemptions

Persons exempt from licensing shall comply with all other applicable standards required under this section or by District rules adopted pursuant to this section. For purpose of this section, a license shall not be required for:

§ 13.01 License Eligibility

A license shall be issued only to a person, partnership, corporation, association, the State of Arkansas, a political subdivision of the state, an improvement district, a sanitation authority, or another regional solid waste management district.

The District may engage in the hauling of solid waste within the District without licensure but shall comply with all applicable standards required under this section.

In order to be eligible for issuance of a Solid Waste Hauler's License by the Board, a Solid Waste Hauler must:

§ 13.02 Hauler Classifications

The Arkansas Pollution Control and Ecology Commission has established classifications of haulers, which are to be used by districts in licensing haulers. The classifications are based on the nature and size of the loads transported.

The following classification of haulers shall apply:

§ 13.03 Financial Responsibility

Any hauler applying for a license must establish financial responsibility to the Board. Proof of liability insurance, issued in the name of the hauling company, will be required. Proof of liability insurance which provides the name of the Solid Waste Hauler, business location address, vehicles covered by the policy and the limits of coverage will be considered adequate financial responsibility. Proof of insurance must be sent by fax or mail directly from the insurer to the District.

§ 13.04 License Term

A Solid Waste Hauler's License shall be issued for a maximum of period of one (1) year, and shall be effective through December 31 of the current year, regardless of the date of issuance.

Applications for a license shall be mailed out by the District to each hauler and post marked no later than November 1s. If said applications are not mailed out by November 1s then the deadline to submit such shall be extended accordingly. Application packets shall be returned to the District no later than December 15th of each year except as stated above.

§ 13.05 Issuance of License

§ 13.06 Authority of Executive Director

The Board delegates to the Executive Director the authority to issue a license to any Solid Waste Hauler who has demonstrated compliance with all requirements and procedures in this Chapter, and whose file is administratively complete, without further action by the Board.

§ 13.07 Annual Fees

Pursuant to Commission Regulation 22.202, the District may set a reasonable licensing fee for each type of hauler and may establish licensing requirements based on size of the haulers' transport vehicle(s)

Fees shall be assessed as follows:

§ 13.08 Operating Requirements

All collection systems and collection equipment used by Solid Waste Haulers shall meet the conditions outlined below. Failure to comply with these conditions may result in the denial, suspension or revocation of a Solid Waste Hauler's License.

§ 14.01 Suspension or Revocation of License

Any Solid Waste Hauler License may be suspended or revoked by tine District if the Hauler is in violation of Federal, State, Local, or District laws, rules, or regulations related to the collection, transportation, or disposal of Solid Waste, or any other law related to health, safety, or the environment.

The District may revoke or suspend a hauler's license under the following conditions.

§ 14.02 Right to Hearing on Suspension or Revocation

§ 14.03 Operation without a License - Misdemeanor

Any person who engages in the business of collecting solid waste within the District without a valid license from the District shall be deemed guilty of a misdemeanor pursuant to Ark. Code Ann. § 8-6-722. Upon conviction, the Person shall be subject to imprisonment for not more than thirty (30) days or a fine of not more than One Thousand Dollars ($1,000), or both imprisonment and fine.

§ 14. 04 Civil and Administrative Penalties

Pursuant to ACA 8-6-722, any person who violates this Chapter shall be deemed guilty of a misdemeanor. Upon conviction, the person shall be subject to imprisonment for not more than thirty (30) days or a fine of not more than one thousand dollars ($1,000), or both imprisonment and fine.

Failure to register may subject the hauler to administrative penalties of not more than five hundred dollars ($500.00) and two (2) points for the first offense and not more than one thousand dollars ($1,000.00) and (4) four points for subsequent offenses. Each day or part of any day during which a violation is continued or repeated shall constitute a separate offense.

Failure to collect trash in a sanitary manner, failure to provide services paid for without good cause, failure to provide service when requested without good cause or failing to properly dispose of wastes collected may subject the hauler to administrative penalties of not more than two hundred and fifty dollars ($250.00) and one point for the first offense and not more than five hundred dollars ($500.00) and two (2) points for subsequent offenses. Each day or part of any day during which a violation is continued or repeated shall constitute a separate offense.

Failure to display the registration sticker, failure to notify the District of additional trucks, failure to display the haulers name and telephone number on the sides of vehicles, or other administrative violations may subject the hauler to administrative penalties of not more than one hundred dollars ($100.00) and one point for the first offense and not more than two hundred and fifty dollars ($250.00) and two (2) points for subsequent offenses. Each day or part of any day during which a violation is continued or repeated shall constitute a separate offense.

To be considered a subsequent offense, the repeat offense must occur within thirty-six months of the earlier offense

§ 14.05 Right to Hearing on Civil Penalties

(a) All fees collected by the District as Waste Haulers Licensing fees shall be deposited into the Waste Hauler Trust Fund.

(b) Deposits shall be made until the Waste Hauler Trust Fund reaches $10,000.00. After that, all Waste Haulers Licensing fees shall be deposited into the District's general funds. If the Waste Hauler Trust Fund balance drops below $10,000.00, deposits will resume until the fund reaches $10,000.00 again.

(c) Money deposited into the Waste Hauler Trust Fund shall be used exclusively to provide service by another hauler, for a period of thirty (30) days, to any area in which a hauler has abandoned such area of service in which customers have pre-paid said hauler; the balance, if any, to be refunded to the customer. Accumulated interest may be used to promote awareness of rural trash hauling services. In the event it is determined that said fund is no longer needed, in whole or in part then said fund shall, with interest, (unless expended as authorized herein) be returned to the District's general funds.

(d) In order to qualify for service using Fund proceeds, the customer must demonstrate proof of payment. Service will only be provided for the length of time paid for but not received.

(e) Any hauler who fails to provide service to a customer who then qualifies for reimbursement under these provisions shall be permanently barred from further waste hauling within the District.

§ 16.01 Authority

ACA § 8-6-704(6) authorizes regional solid waste management boards to adopt such rules or regulations pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 ef seq., as are reasonably necessary to administer the duties of the board. Further, Act 1280 of 1993, Section 5 states that: "Regional Solid Waste Management Boards may adopt more restrictive standards for the location, design, construction, and maintenance of solid waste disposal sites and facilities than the state or federal government."

§ 16.02 Purpose

Northwest Arkansas is facing a critical shortage of solid waste disposal capacity due to the difficulties in siting landfill facilities at the local level. In order to protect the fragile environment of Northwest Arkansas, yet provide for adequate solid waste disposal capacity, the Benton County Regional Solid Waste Management District has adopted these regulations.

§ 16.03 Applicability

Unless otherwise specified, these regulations found in Chapter E, Solid Waste Facilities, shall apply to every solid waste facility; located either wholly or partially within Benton County; which is operated after the effective date of these regulations.

§ 17.01 Regional Standards

Pursuant to ACA 8-6-724, Regional solid waste management boards may adopt more restrictive standards for the location, design, construction, and maintenance of solid waste disposal sites and facilities than the state or federal governments, provided such standards are based upon generally accepted scientific knowledge or engineering practices and are consistent with the purposes of that ACA subchapter. Due to the extremely fragile Karst topography underlying the entire District, the District board has elected to adopt more restrictive standards as described in subsequent subchapters.

§ 17.02 Watershed Buffers

§ 17.03 Measurement of Distances

All distances as put forth in Section 17.02 shall be measured by drawing a buffer of the appropriate distance radially around the permitted boundary of the facility, on the latest USGS 7.5 minute topographic map. Should any portion of the extended perimeter contact any water body listed in Section 17.02, the facility will be in violation of these regulations.

§ 18.01 Enforcement Officer.

§ 18.02 Leachate Collection Reporting.

Every Solid Waste Facility required to report the performance of its leachate collection system to the ADEQ, shall also provide a copy of reports monthly to the District. Such reports shall contain at a minimum the amount of leachate collected, any test results from testing the leachate and the final disposition of all leachate generated.

§ 18.03 Groundwater Monitoring.

§ 18.04 Other Reporting.

Copies of any engineering reports or operating reports required to be submitted to the ADEQ or the U.S. EPA shall also be contemporaneously submitted to the District.

§ 18.05 Facility Personnel

Every Solid Waste Facility operated within the District must employ the following personnel:

§ 19.01 Pre-Construction Design.

All landfills, located either partially or wholly within the District shall adhere to the following site characterization and design criteria:

Due to the unique land formations in Northwest Arkansas, the following information and studies are required to characterize any site proposed for a Class I or II landfill and must be submitted to the District:

§ 19.02 Landfill Design.

§ 19.03 Stormwater Basin Design.

(Any Solid Waste Facility, located either partially or wholly within the District, which Is required to maintain a stormwater retention basin by either ADEQ or federal standards, particularly 40 C.F.R. § 258.26, shall build any such stormwater retention basin or basins to retain all stormwater generated by a 24-hour, 100-year rainfall event.

§ 19.04 Compliance.

Any Solid Waste Facility may demonstrate compliance with § 19.01 by submitting a certified statement, on a form provided by the District, signed by a professional geologist authorized to practice in the State of Arkansas. Any Solid Waste Facility may demonstrate compliance with § § 19.02 and 1903 by submitting a certified statement, on a form provided by the District, signed by a registered professional engineer authorized to practice in the State of Arkansas.

§ 21.01 Violations.

It shall be a violation for any owner or operator of a solid waste facility to fail to comply fully with any provision of Chapter E.

§ 21.02 Penalties.

A penalty of up to $10,000.00 per violation per day of violation may be assessed against any person violating the provisions of Chapter E.

§ 21.03 Enforcement.

The Executive Director is authorized to seek the approval of the Board to institute legal and/or equitable action in the appropriate courts to enforce any violation of Chapter E.

§ 21.04 Inspection and Information Gathering.

Any Solid Waste Facility, either within the District or which receives waste generated within the District, shall, upon the request of any District designated person, furnish information relating to any activity at the facility and permit such person at all times to have access to, and to copy all records relating to such activity. Any District designated person shall be allowed to enter at any time all areas of the Facility and to inspect and obtain samples from any area of the Facility.

§ 21.05 Severability.

If any provision of these regulations or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of these regulations which can be given effect without tine invalid provision or application, and to this end the provisions of these regulations are declared to be severable.

§ 26.01 Authority

Pursuant to Act 209 of 2011, the Benton County Regional Solid Waste Management board may fix, charge, and collect rents, fees, and charges of no more than two dollars ($2.00) per ton of solid waste related to the movement or disposal of solid waste within the district, including without limitation fees and charges:

§ 26.02 Applicable Waste

Effective May 1, 2011, pursuant to Act 209 of 2011, there shall be assessed a fee, which shall be called the Waste Assessment Fee, to be paid to the District for solid waste generated:

§ 26.03 Exemptions

The waste assessment fees shall not apply to:

§ 26.04 Fee Amount

§ 27.01 Fee Collection

§ 27.02 Estimation of Unreported Fees

When the information on the quarterly report is incomplete, or when the quarterly report is not submitted by the due date, or when the District has determined that a solid waste facility or a hauler has misreported the amount of waste received or transported, the District may estimate the fee amounts due based on one or more of the following sources of information:

§ 27.03 Quarterly Report Forms

Fees shall be reported on a form provided by the District. The District shall make available blank quarterly reporting forms for use in reporting waste assessment fees owed to the District. A copy of ADEQ's Solid Waste Quarterly Report Form is acceptable in lieu of the District form.

§ 27.04 Record Keeping and Reporting

§ 27.07 Report or Fee Adjustments

Upon written approval by the District, any adjustments to any previous quarterly report or fee payment, found upon review or as the result of an audit by the District, and any unpaid late payment charges may be reflected on the next quarterly report and fee payment.

§ 27.08 Termination of Fees

§ 27.09 Petitioning Board for Review of Fees

§ 27.10 Appeals

Fees imposed under this regulation shall constitute a specific condition imposed on a solid waste facility permittee or on a hauler. Provided a solid waste facility permittee or a hauler disagrees with the final decision of the Board following a petition to review fees, the permittee or hauler may appeal the final action of the Board to the Circuit Court in Benton County in Arkansas.

§ 28.01 Violations.

It shall be a violation for any owner or operator of a solid waste facility or solid waste hauler to fail to comply fully with any provision of Chapter F.

§ 28.02 Penalties.

A solid waste facility permittee or hauler failing or refusing to pay the fee required under the provisions of this regulation in a timely manner shall be subject to late payment procedures and charges as established in this regulation. Refusal to pay the required fees shall constitute grounds for legal action by the District, which may result in assessment of civil penalties or the revocation of a solid waste facility or hauler permit, or both.

A late fee shall be added to all Waste Assessment fees which are paid after the deadline imposed herein shall be assessed a penalty measured from the first day after the due date. A late penalty of $100.00 shall be assessed on the first day late and an additional $50.00 on each additional day for which fees are late until full payment is received by the District.

§ 28.03 Enforcement.

The Executive Director is authorized to seek the approval of the Board to institute legal and/or equitable action in the appropriate courts to enforce any violation of Chapter F.

§ 28.04 Audit

At the discretion of the District, an audit of a solid waste facility permittee's or a hauler's records or the operation of the solid waste facility or hauler, or both, may be performed to assure compliance with this regulation. An audit by the District may include, but shall not be limited to, an unannounced on-site visit to monitor the operation and operating procedures of a solid waste facility or a hauler, or a requirement that additional records be submitted for review, or both.

§ 28.05 Right of Entry and Access

The District or any authorized employee or agent shall have right of entry during normal business hours, unless otherwise deemed necessary by the District, to any public or private property for the purpose of obtaining information or conducting investigations, examining or copying any books, papers, records, or memoranda pertaining to the operation of the facility or hauler necessary or appropriate for the purpose of this regulation.

§ 28.06 Severability.

If any provision of these regulations or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of these regulations which can be given effect without the invalid provision or application, and to this end the provisions of these regulations are declared to be severable.

§ 29.01 Authority

Pursuant to ACA 8-6-712(a)(4), no person, other than as may be designated by the District, shall engage in the collection or utilization of solid waste within the district which would be competitive with the purposes or activities of the District. Further, Commission Regulation 28 requires Boards to compile an annual summary of recyclable materials collected within the District.

§ 29.02 Applicability

This regulation shall apply to_Recyclable Materials Collection Centers, Recyclable Materials Collection Systems and any person engaged in any type of recycling activity within the District such as systematic collection, sorting, decontaminating, and returning of waste materials to commerce as commodities for use or exchange by separating or diverting an item or Items from the solid waste stream for the purpose of processing It or causing it to be processed Into a material product. Including compost, in order to provide for the final disposition of the material product in a manner other than landfilling or incineration.

§ 29.03 Recovered Materials

Recovered Materials include but are not limited to: metal, paper, glass, plastic, textile, yard trimmings, or rubber materials that have known recycling potential, can be feasibly recycled, and have been diverted and source separated or have been removed from the solid waste stream for sale, use, or reuse as raw materials, whether or not the materials require subsequent processing or separation from each other, but does not include materials destined for any use that constitutes disposal.

§ 29.04 Registration Requirement

Effective July 1, 2011, a person shall not engage in any type of recycling activity within the District without first registering the proposed activity with the District. There shall be no registration fee placed upon the proposed activity.

The applicant for the proposed activity must provide the following information, at minimum, on a registration form prescribed by the District:

§ 30.01 Annual Reporting

Pursuant to Commission Regulation 28, Chapter 7, an annual report shall be required from any person engaged in any type of recycling activity within the District, whether the activity is owned or operated by a public entity or by a private entity. Reports must be submitted to the District, using an approved electronic media on a format prescribed by the District, on or before July 15 of each year, for the time period of July 1 of the prior year through June 30 of the current year and documenting the following data:

§ 30.02 Survey Requirement

The District shall compile a summary of the information received from each recycling activity within the District and submit it to the Department on or before August 15 for the time period of July 1 of the prior year through June 30 of the current year.

§ 30.03 Waste Minimization Report

The District shall determine and include in the August 15 summary report to the Department, the percentage of the district's waste stream represented by the total amounts recycled during the previous calendar year. This data is required to document progress toward the State's recycling goals as provided in A.C.A. § 8-9-101

§ 31.01 Violations.

It shall be a violation for any owner or operator of a solid waste facility or solid waste hauler to fail to comply fully with any provision of Chapter G.

§ 31.02 Penalties.

A penalty of up to $500.00 per violation per day of violation may be assessed against any person violating the provisions of Chapter G.

§ 31.03 Enforcement.

The Executive Director is authorized to seek the approval of the Board to institute legal and/or equitable action in the appropriate courts to enforce any violation of Chapter G.

§ 31.04 Severability.

If any provision of these regulations or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of these regulations which can be given effect without the invalid provision or application, and to this end the provisions of these regulations are declared to be severable.

§ 32.01 Authority

§ 32.02 Applicability

Beginning with the 2013 Grant round, this regulation shall apply to Recycling Grant Funds received pursuant to ACA 8-6-615 and shall apply to all grant applicants and grantees.

Grants approved under prior years shall be governed by applicable laws and regulations in place at the time of the grant approval.

§ 33.01 Applicant Eligibility

The following entities shall be eligible to apply for and to receive grants;

§ 33.02 Eligible Activities, Projects and Programs

The following activities, projects or programs in addition to other activities that support the objectives of increasing and improving recycling as a waste-management strategy, consistent with the intent of A.C.A.' 8-6-601, et seq., are eligible for grant funding:

§ 33.03 Pre-Application Training Meeting

Prior to the application deadline each year, the District staff shall conduct a pre-application training meeting for all potential grant applicants. The meeting shall include training on the application process as well as instruction regarding the grant procedures and record keeping requirements. The meeting date shall be determined by the District director. Notice of the date and time of the meeting shall be provided to each eligible entity at least seven days in advance of the meeting.

Any potential grant applicant shall be required to have at least one employee of the applicant entity attend the mandatory pre-application meeting. Failure to attend the meeting shall result in the potential grantee being ineligible for that grant round.

§ 33.04 Application Process

Applicants shall fully complete a grant application form as developed by District staff each year. The application form shall include general information about the potential grantee entity, a thorough description of the proposed project and a detailed budget for the proposed project.

The Board shall establish a timeline each year for the annual grant process. Failure to submit an application by the deadline shall result in the grant application being ineligible for that grant round.

§ 33.05 Adequate Revenues

Each grantee shall show that adequate revenues are being collected to support the long-term operation and maintenance of a grant-funded project prior to the disbursal of any grant funds.

§ 33.06 Permits and Licenses

Each grantee shall possess or obtain all applicable federal. State, and local permits and licenses prior to disbursement of funds.

§ 33.07 Distribution of Grant Funds

After receipt of the annual allocation of grant funds from ADEQ, the District shall make distribution of grant funds to approved grant projects as scheduled in the grant application and subject to the grantee's compliance with all grant conditions. Funds shall not be disbursed by the Board prior to the start of the project.

Funds will be paid directly to the vendor on behalf of the Grantee for any eligible grant expenditures, including but not limited to products or services, ordered and authorized by the grantee. A grantee may alternatively choose to pay the vendor and then request reimbursement from the District for the amount of the expenditure. A copy of the invoice detailing the purchase and a copy of the Grantee's canceled check must be submitted to the District in order for the funds to be reimbursed to the Grantee.

Under no circumstance will a check for the grant funds be released to the Grantee without proper documentation of completed eligible purchases.

§ 33.08 Modifications

After the Board has approved a grant, any proposed modifications to a grant project will require written approval by the District Board prior to implementing any change to the project. Modifications include any use of the grant funds in a way which was not specifically identified in the approved grant application.

The grantee is required to submit adequate documentation of the proposed changes, on an approved Change Order Form, to the District staff. The Change Order form must bear the signature of someone within the Grantee's organization who has authorization to apply for and/or modify grants. The fully completed change order proposal will then be added to the agenda of the next regularly scheduled District Board Meeting. The Board will review the change order request and will either approve or reject the proposed change.

If the change order proposal is approved by the Board, the Chairman of the Board will affix his signature to the order and District Staff will notify the grantee of the approval. Implementation of any modifications to the approved grant project may only begin after the approved change order has been received from the District.

Modifications that alter the grant category or materially change the project must be public-noticed and will require a 30-day public comment period. The grantee will be solely responsible for the cost of publishing the required notice in a newspaper of general distribution within their community. District staff will assist the grantee with developing the language of the notice in order to ensure that all requirements are met. The notice must state that all public comments will be mailed to the District Office. The District staff will be responsible for submitting copies of any comments received to the Board prior to the Board's review of the proposed change order.

§ 33.09 Project Deadlines

All grantees shall develop recycling programs, as outlined in the grant application, and expend all grant funds within three (3) years following the date that the grant allocation was received by the District office unless a written extension is granted by the Board.

§ 33.10 Funds Forfeited

Funds for any grant project not started within one calendar year from the date that the grant allocation was received by the District office will be forfeited unless an extension of time is granted by the Board. The grantee will be responsible for submitting a written request for an extension prior to the calendar year date and will allow sufficient time for the Board to review the matter at a regularly scheduled meeting. Forfeited funds may be used to fund the next prioritized project as approved by the Board.

If, within a three-year period beginning on the date that the grant allocation was received by the District office, the grantee does not meet the conditions of the grant as prescribed in these Rules, the Board may order the grantee to reimburse any disbursed grant funds. Grantees will be ineligible for further grant awards until reimbursement is made. Reimbursed monies may be used to fund the next prioritized project as approved by the Board.

§ 33.11 Irregularities

A grant may be terminated by the Board if the Board determines that the grantee is unable or unwilling to complete or meet the conditions of the grant as set forth in the grant application. If a grant is terminated, any grant funds previously disbursed shall be reimbursed by the grantee in accordance. Funds returned may be used to fund the next prioritized project as approved by the Board.

§ 33.12 Earned Interest on Grant Awards

Interest monies earned from the holding of grant funds by the District shall be used exclusively for recycling programs consistent with the District's Solid Waste Management Plan. It shall be the responsibility of the District to monitor the collection of earned interest and direct interest monies to a project supported by a grant award or to other recycling program(s) consistent with the District's Solid Waste Management Plan.

§ 33.13 Markets Sought

All grantees shall seek to market or reuse the materials diverted under the grant project for, at minimum, a period of three (3) years following the grant award.

§ 33.14 Notice Published

The District shall insert, in a newspaper of general circulation in Benton County, a notice describing the grant requests approved by the Board and soliciting written comments from the public. The comment period shall last for thirty (30) calendar days after the date of publication. The notice shall be published at least thirty (30) days prior to the disbursement of grant funds. Copies of all written comments will be submitted to the Board for review.

§ 34.01 Application Review Process

Applications from eligible entities which are received by the application deadline shall be eligible for consideration of funding. District staff shall review applications for completeness and shall provide a copy of the complete applications to the Board's Grant Committee, as assigned by the Chairman of the Board annually. Staff shall develop a recommendation of prioritized grant projects and present the recommendations to the Grant Committee for consideration.

The Grants Committee shall judge each grant application based on the criteria outlined in Section 34.02 and shall make recommendations for acceptance of the proposed projects based on this criteria ranking. The Board shall review the committee recommendations and approve funding of projects deemed to provide for the greatest benefit of the citizens of Benton County and that support the Board's objectives of increasing and improving recycling as a waste-management strategy.

§ 34.02 Project Selection Criteria

The Board shall prioritize and select grant projects from within District boundaries, such selection being in the sole discretion of the District. The Board shall review and prioritize each Recycling Grant Application based on the following criteria in descending order:

§ 34.03 Administrative Allocation

The District shall use an amount no greater than twenty-five percent (25%) of the annual allocation of grant funds for administrative purposes. For the purposes of the Recycling Grants Program, administrative expenses are expenses for the administration of the District's solid waste management plan and may include record keeping, periodic reporting requirements, budgeting, and other related activities. Examples of administrative expenses include the salaries and fringe benefits of the District Director and other staff supporting the administration of the plan (including accounting, payroll and human resources, information technology, legal, and procurement functions); the cost of supplies and equipment used for administrative functions or activities; rent, utilities, phone service, postage, and licenses associated with the administrative office of the District; and other expenditures approved by the Board.

§ 34.04 Equipment and Facility Purchasing

The District and each grantee shall conform to all State laws that are applicable to the purchase, use or sale of equipment and facilities secured with State funding including, but not limited to. State laws on commodity purchases and bids for construction by local governments.

§ 34.05 Equipment Usage

All facilities or equipment purchased with grant funds disbursed by the Board shall be used for the general purposes specified in the grant application. Equipment must be used a minimum of fifty percent (50%) of the time on recycling or grant funded activities. Facilities or equipment purchased with grant funds shall not be sold, traded, or transferred without written consent from the Board.

§ 34.06 Existing Equipment or Facilities

Grant assistance shall not be provided for the purpose of purchasing equipment or facilities if existing equipment and facilities efficiently and adequately serve the relevant area, unless the District determines that the equipment or facility is indispensable to the otherwise eligible project.

§ 35.01 Record Keeping

All grantees are required to maintain an orderly accounting system to document that grant expenditures are made in accordance with the project budget.

§ 35.02 Documentation

Grantees are required to submit to the District copies of all bids, paid invoices on equipment or services, and canceled checks pertinent to each grant funded project.

§ 35.03 Recycling Activity Survey

For a period of five (5) years from the date that the grant allocation was received by the District office, grantees shall provide the District with an annual Recycling Activity Survey report, as provided by ADEQ, summarizing:

§ 35.04 Progress Reports

Until all grant funds have been expended on a project, grantees shall provide the District with an annual Progress Report for each grant. The Progress Report shall be on a form developed by the District and shall include the amount of grant funds expended during the reporting period, the amount of grant funds remaining and a narrative describing the progress of the grant project.

The reports shall be filed with the District office annually on or before July 31 and shall document project progress for the period of July 1 of the previous year through June 30 of the current year.

§ 35.05 Right of Entry and Access

District personnel shall have the right of entry, during normal business hours, to the premises of a grant-funded facility, the right of access to view and inventory any grant-funded equipment and the right of access to all records pertaining to a grant-funded project or activity.

§ 36.01 Requests for Appeal of Grant Decisions

The following persons shall have the right to appeal any grant decisions made by the Board:

§ 36.02 Appeal to Board

Persons who timely file a request for appeal shall be entitled to be heard at the first regularly scheduled Board meeting following their request for appeal. If a request for appeal is received within fourteen days prior to a scheduled Board meeting, the appeal will be heard at the next regularly scheduled Board meeting.

The hearing shall be conducted by the presiding Chairperson of the Board. Conduct of the hearing shall be informal. The Chairperson shall be entitled to use their discretion to allow, disallow or strike any evidence or testimony that they feel is irrelevant, unreliable or duplicative.

The appellant shall have an opportunity to explain the reasoning for their appeal of the contested grant decision. Questioning of the appellant by the Board shall be allowed.