BENTON COUNTY REGIONAL SOLID WASTE MANAGEMENT …...Benton County Regional Solid Waste Management District Part Two – Chapter One: Activities Analysis 2011 Chapter One Page 6 of

Benton County Regional Solid Waste Management District

Part Two – Chapter One: Activities Analysis 2011

Chapter One Page 1 of 23

PART TWO

BENTON COUNTY

REGIONAL SOLID WASTE

MANAGEMENT DISTRICT

REGIONAL SOLID WASTE

MANAGEMENT PLAN

2011

FOR SUBMITTAL TO AND APPROVAL OF THE

ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY SOLID WASTE MANAGEMENT DIVISION

5301 Northshore Drive

North Little Rock, AR 72118-5317 Phone (501) 682-0602 Fax (501) 682-0611 www.adeq.state.ar.us




PART TWO MINIMUM REQUIREMENTS FOR

REGIONAL SOLID WASTE MANAGEMENT PLANS REVISION ONE - 2005 VERSION

TABLE OF CONTENTS

CHAPTER ONE – Activities Analysis Section 2.101 Overview A. History B. Current Section 2.102 Organization and Administration A. District B. Board C. Staff Section 2.103 Revenues and Expenditures A. District B. County C. City Section 2.104 Demographics A. Planning Area B. Population C. Industry D. Facilities E. Haulers F. Volumes G. Flow Section 2.105 Current Services A. Collection B. Disposal C. Recycling D. Waste Reduction E. Special Materials F. Education and Public Awareness G. Other Services

CHAPTER TWO – Action Plan Section 2.201 Mission Statement Section 2.202 Executive Summary A. Strategies B. Outlook Section 2.203 Goals A. District’s High-Level Goals B. District Plan’s Goal Areas 1. Collection 2. Disposal 3. Recycling 4. Waste Reduction 5. Special Materials 6. Education and Public Awareness 7. Other Goals 8. Storm and Disaster Debris Section 2.204 Goal Areas – Objectives A. Collection B. Disposal C. Recycling D. Waste Reduction E. Special Materials F. Education and Public Awareness G. Other Goals Section 2.205 Administrative A. Plan Implementation B. Implementation Timetable C. Funding and Budgeting Section 2.206 Legislative Studies Section 2.207 Appendices A. Administrative Procedures B. By-Laws C. Regulations and Ordinances D. Charts, Graphs and Maps E. Other Information




MINIMUM REQUIREMENTS FOR REGIONAL SOLID WASTE MANAGEMENT PLANS

For the Regional Solid Waste Management Districts

PART TWO - CHAPTER ONE — ACTIVITIES ANALYSIS

A.C.A. §8-6-704. Boards - Powers and duties. “(a) The regional solid waste management boards shall have the following powers and duties:….(2) To evaluate on a continuous basis the solid waste needs of their districts……; (3) To formulate recommendations to all local governments within their districts on solid waste management issues, and to formulate plans for providing adequate solid waste management…..”

Section 2.101 Overview A. History 1. Provide a history of the District relative to legislated or regulated solid waste management requirements. Act 870 of 1989, codified as A.C.A. §8-6-701 et seq., established eight Regional Solid Waste Planning Districts. Benton County was originally included in the Four County Solid Waste District which was later renamed the Tri-County District. The Benton County District was formed through an Inter-Local Agreement and Joint Resolution of the Benton County administration and all first class cities as well as some second class cities within Benton County. Benton County elected officials chose to separate from the Tri-County District effective January 1, 2005 to form a single-county district to improve accountability to our citizens and provide for expanded services 2. How were the District boundaries established? The District encompasses the entirety of Benton County and follows those boundaries. 3. What has been the District’s greatest accomplishment in terms of solid waste management? We have dramatically increased recycling opportunities for citizens by expanding rural recycling drop-offs, providing recyclable collection for schools and non-profits and recycling drives and developed and operate the Benton County Convenience Center for bulky waste collection and recycling in partnership with Benton County Administration. B. Current 1. Describe the Board’s planning process as it relates to legislated or regulated solid waste management requirements. The District Board focuses on meeting the requirements and responsibilities of Regional Solid Waste Management Districts as outlined in A.C.A. 8-6-704 which sets forth duties and powers for Solid Waste Districts. The District Board collects data and evaluates the solid waste management needs of all localities within the district; providing recommendations to all local governments within the district on solid waste management issues and formulates plans for providing adequate solid waste management; reviews all requests for certificates of need to for solid waste disposal facility permits within the district; adopts rules and regulations to assure public notice and participation in any findings or rulings of the boards and to administer the duties of the boards; establishes comprehensive programs to encourage recycling;

The Board meets on a bi-monthly basis and continually analyzes existing solid waste services and reviews all areas of solid waste management deficiencies to determine appropriate action for needed improvements. District staff regularly confers with local government, businesses, citizens and industry to determine needs and seeks to implement methods to promote more efficient and effective solid waste management.




2. What does the District want the Plan to do for the citizens of its area? The District utilizes the Plan to provide for continual improvement of integrated solid waste management opportunities for all citizens and to assist the District in meeting our high-level goals. We want the plan to provide the framework for the citizens of Benton County to achieve reduction in solid waste generation rates, reduce land filling of waste, increase recycling and recovery of resources, assure that the natural environment is protected. 3. Give a descriptive snapshot of solid waste management in the District. District efforts are directed toward encouraging waste reduction, reuse and recycling as well as responsible disposal of solid waste. The District, in partnership with waste haulers, utilizes educational programs, curb-side recycling, rural recycling drives and recycling drop-off centers to increase recycling participation. Waste reduction and reuse is improved through public education efforts. Waste disposal is accomplished through a network of licensed waste haulers and a series of transfer stations. These provide adequate opportunities for convenient, proper disposal. Section 2.102 Organization and Administration

A.C.A. §8-6-703. Creation of districts and boards - Members of boards et seq…….”

A. District 1. Provide a chart that gives the organizational hierarchy of the District and/or its affiliates, agencies and/or peripheral organizations. See Appendix 1. 2. Describe the role the District plays in the development and implementation of effective solid waste management programs. The District actively reviews existing solid waste management services and programs for any identifiable deficiencies and attempts to develop programs and/or provide the necessary administrative and technical support to the local governments to accomplish their solid waste management goals. 3. Append administrative procedures, regulations, ordinances or policies relative to the District. The District’s Rules and Regulations were updated effective April 29, 2011. The By Laws were adopted on December 17, 2009. See Appendix 2. B. Board 1. Provide a list or an organizational chart of Regional Solid Waste Board Members of the following: a. Number of members on the Board. b. Identity of chairperson. c. Name, title, address, phone and fax numbers, and e-mail address for each member. d. County or city represented. All current Board members are in compliance with the four year term limit. See Appendix 3. 2. Provide a schedule and location(s) of board meetings? (i.e., monthly, every third Tuesday) Regular bi-monthly meetings are held on the fourth Thursday of every odd month at 1:30 p.m. at the Centerton City Hall. Committee and special board meetings are scheduled as needed. C. Staff 1. Provide a list or an organizational chart of Regional Solid Waste Management District staff members showing the name and title of each person. Executive Director – Wendy Cravens Operations Manager – Jeff Brenaman




Tire Operator – Victor Sandoval Other positions are currently filled by temporary laborers Refer to Appendix 3 for contact information for each staff member. 2. Provide phone, fax numbers and e-mail addresses for staff members who should be contacted for solid waste information for the District. Wendy Cravens, Director Phone: 479-795-0751; Fax 479-795-0752; Email: [email protected] Section 2.103 Revenues and Expenditures A. District 1. Describe the revenue sources that fund solid waste management activities within the District. Include the legal authority. Funding sources include:

Waste Assessment fees as allowed by Act 209 of 2011

Member contributions as approved by the Board through resolution 2005-02

Recycling Grants as authorized through State Code and Regulation 16

Waste Tire Management Grants as authorized through State Code and Regulation 14

Sale of recyclable products. See Appendix 4. 2. List all revenue sources and/or fees, such as user fees, waste disposal fees, licensing fees, grants, loans, rental income, earned interest and sales of recovered materials. Provide an estimation of total receipts from each revenue source from the previous year for the District. Estimate the percentage of annual revenue from each source. See Appendix 4. 3. List the solid waste services that are supported by these revenues. See Appendix 4.

4. Provide a report, such as a financial statement or profit/loss statement, for the most recent fiscal year that identifies solid waste revenues and expenditures for the District. (This report should be an expansion of and be complementary to the annual audit report provided by outside independent auditors.) See Appendix 4. B. County 1. For each county within the District, prepare a report that lists the sources of revenue supporting the current solid waste management system for that county. Benton County currently does not have a tax or fee specifically designated for management of solid waste. General revenues are utilized. Generally, citizens pay subscriber fees for solid waste services – in most cases directly to the waste hauler. 2. List the solid waste services that are supported by these revenues. Solid waste services supported by county general revenues include enforcement of solid waste ordinances and laws. In addition, the County pays a local contribution to the District which supports all District services. C. City 1. For each Class 1 City within the District, prepare a report that lists the sources of revenues supporting the current solid waste management system for that city. Generally, citizens pay subscriber fees for solid waste services. See Appendix 4 for a report of solid waste management services that are provided through these subscriber fees.




2. List the solid waste services that are supported by Class 1 city revenues. Solid waste services supported by Class 1 city general revenues include recycling programs and administration of solid waste programs, legal services and enforcement of solid waste ordinances and laws. In addition, the cities each pay a local contribution to the District which supports all District services as well. Section 2.104 Demographics

A.C.A. §8-6-704. Boards - Powers and duties. “(a) The regional solid waste management boards shall have the following powers and duties: (1) To collect data, study, and initially evaluate the solid waste management

needs of all localities within their districts, as provided in § 8-6-716;…..”

A. Planning Area 1. Identify the District by its full name. List the counties and cities that comprise the District. The Benton County Regional Solid Waste Management District includes Benton County in its entirety. Cities comprising the District are: Avoca, Bethel Heights, Bella Vista, Bentonville, Cave Springs, Centerton, Decatur, Garfield, Gateway, Gentry, Gravette, Highfill, Little Flock, Lowell, Pea Ridge, Rogers, Siloam Springs, Springdale, Springtown and Sulphur Springs. 2. Provide a map clearly showing the jurisdictional areas of the District. See Appendix 5. 3. Include the area of any solid waste management authorities within the District. No solid waste management authorities exist within the District. B. Population 1. List the most current population of the District (list by county; provide source of information and year). . The most current estimate for Benton County, AR is 221,339 according to the 2010 Census. 2. Describe how the population has changed over the last ten (10) years. The population of the District exploded during the period from 2000 to 2010 with an increase in population of approximately 44% during this period. The influx of new citizens has dropped significantly during the past year. However, the effects of the rapid growth are still felt by all government agencies struggling to develop infrastructure and provide services to the much larger population. 3. Provide a population projection for the next ten (10) years. 291,435 for year 2019 (Based on extrapolation of UALR Projections) 4. Are there any significant demographic trends that may affect waste disposal or waste generation figures in the District? Significant demographic trends include an increase in the Hispanic population as well as a larger percentage of college educated citizens and citizens that have moved in from other areas of the country. A large percentage of the Hispanic population may have been in the U.S. only a short time and may not be accustomed to the solid waste management practices that are required by our Local, State and Federal laws and regulations. This has resulted in the need for bilingual service providers as well as extra educational and outreach efforts in order to provide information to assure compliance and access to services. College educated citizens as well as citizens that have transplanted from large population bases around the country demand more sophisticated solid waste management services as well as increased pressure for expansion of recycling opportunities and best management practices.




5. Are large groups of people moving into or out of the area for any special reason? The population increase has slowed dramatically. No known groups of people are moving into Benton County at this time. C. Industry 1. Provide a business profile for the District. According to the 2009 American Community Survey Data Set S2405, following is breakdown of the business profile for Benton County, Arkansas.

% Industry

24% Retail trade

15% Manufacturing

15% Educational services, and health care and social assistance

8% Professional, scientific, and management, and administrative and waste management services

7% Construction

7% Arts, entertainment, and recreation, and accommodation and food services

6% Finance and insurance, and real estate and rental and leasing

4% Other services, except public administration

3% Transportation and warehousing, and utilities

3% Wholesale trade

2% Information

2% Public administration

1% Agriculture, forestry, fishing and hunting, and mining 2. Identify and discuss regional economic factors that are expected to affect future waste generation rates and quantities over the next ten (10) years. Continued increases in retail trade and professional job categories will result in additional commercial waste, primarily OCC, paper and plastic film. Expected growth in trucking industry in area will result in increase in waste tires. Expected growth in food production and processing activities will result in increases in specialty wastes such as wax-coated cardboard and biologically contaminated materials. D. Haulers

A.C.A. §8-6-721. Licensing haulers of solid waste. (a) A person who engages in the business of hauling solid waste must obtain a license from the regional solid waste management board if: (1) The person is engaged in the collection of solid waste within the district; or (2) The person is engaged in the transportation of solid

waste for disposal or storage in the district.

1. Explain the process by which a person who engages in the business of hauling solid waste obtains a license from the Regional Solid Waste Management Board. All commercial waste haulers are required to be licensed by the District. The licensing period is from January 1 through December 31 each year. Existing haulers complete an application each year by January 1

st to

renew their license. New haulers complete an application at the time that they begin operations. The application includes detailed information regarding their collection vehicles, drivers, owners/operators, service areas, insurance coverage, etc. Haulers pay an annual licensing fee based upon the number of collection trucks (up to the first 20 trucks) they operate within the District. Fees are prorated for new haulers based on the number of months remaining in the licensing year. Licensing stickers are issued to haulers for each truck up to 20. Haulers with more than 20 trucks are issued a Fleet Waste Hauler license. 2. What process does the District use to oversee active licensees? Do regular inspections of the haulers for compliance take place? Are licenses revoked for non-compliance, such as hauling waste without a cover?




Haulers are required to comply with District waste hauling standards which include compliance with all applicable Federal, State and Local regulations, laws and ordinances, maintaining proper driver and vehicle licensing, minimum requirements for collection vehicles and procedures, etc. Regular inspections are not conducted by District staff however the County Environmental Enforcement officers regularly inspect haulers for appropriate licensing and practices. Citizen complaints are investigated and licenses may be revoked or suspended based on accumulation of points resulting from non-compliance as allowed by District regulations. 3. Include here (or append) a copy of the District’s hauler’s licensing policy and procedures, as well as an updated listing of licensed haulers and service areas. See Appendix 2-Chapter D. E. Volumes

A.C.A. §8-6-716. Regional needs assessment.(a)….(2) The assessment shall include, at the minimum, the following: (A) An evaluation of the amount of solid waste generated within the district and the amount of remaining disposal capacity, expressed in years, at the solid waste disposal facilities within the district that are permitted under the Arkansas Solid Waste Management Act, § 8-6-201 et seq.;”

1. Provide a waste stream characterization with data concerning waste types and amounts generated and disposed within the district and/or waste transported out of the District for disposal. Waste stream generation estimates have been developed using statistical data from both the EPA’s Municipal Solid Waste characterization information and the State of Recycling in Arkansas 2010. This data was used in addition to current population estimates. (1.59 ton per capita per year) to generate characterization data.

Material

% of Waste Stream Tons Generated

Paper/Paperboard 28.20% 99,244

Yard Trimmings 13.70% 48,214

Food 14.10% 49,622

Plastics 12.30% 43,287

Metals 8.60% 30,266

Rubber, Leather & Textiles 8.30% 29,210

Wood 6.50% 22,875

Glass 4.80% 16,893

Other 3.50% 12,318

Estimated Total Tons of Waste Generated for 2010 was 351,929

Total MSW generated in 2010 = 221,339 X 1.59/ton per year = 351,929 tons 2. For the most recent calendar year, how many tons of solid waste were generated within the District and disposed in Class I landfills or other solid waste management facilities located in or out of the District? Approximately 351,929 tons of waste were generated within the District in 2010. The state-wide average of waste recycled when compared to total waste generated (according to ADEQ) was 32.09% tons in 2010. Based on these figures, we estimate that 112,934 tons of this material was recovered for recycling.




The remaining 238,995 tons of non-recycled waste was transferred from collection routes and transfer stations within the District and disposed in Class I landfills or other solid waste management facilities located outside of the District. 3. To the best of your ability, examine and discuss the trends regarding the sources of solid waste generated using the following categories: a. Residential Waste generation rates in the residential sector have declined over the last couple of years due to economic crisis and reduced purchase of consumable goods and products. This trend will likely reverse somewhat as the economy improves and citizens are able to resume more normal spending habits. b. Commercial Trends affecting commercial generation rates include increased number of commercial facilities and greater demand for commercial recycling opportunities, thereby reducing the volume of waste to be disposed. We expect the rate of new commercial facilities to stabilize. c. Industrial Trends affecting industrial generation rates include higher percentage of industrial facilities seeking recycling services in order to reduce waste disposal expenses as well as additional industrial units being added to the District. Also, we have experienced a dramatic decline in the generation rates of construction and demolition waste as a result of the housing industry slow down. We expect these rates to remain flat over the next few years as there is an existing glut of residential and commercial units available in Benton County and new construction rates will not return to previous high levels. 4. To the best of your ability, provide the current disposal capacity of the facilities within the District’s service area. There are no operating Class 1 or Class 4 landfills within the District and only one Class 3 landfill currently operating. See Appendix 6 (Facilities and Haulers) for disposal capacity of the facilities within the District. 5. To the best of your ability, examine and discuss the trends regarding the types of solid waste generated using the following categories: a. Yard waste Yard waste volumes will increasingly be added to the waste stream as rural areas are developed and citizens are no longer able to compost or burn upon their own property. Several municipalities have implemented yard waste collection programs through their solid waste contracts for their citizens. The District will re-establish a yard waste collection center for those citizens that do not have access to curbside collection. The recovered material will initially be transported to the Tontitown Landfill where it will be ground and used as alternative daily cover. The District is investigating other composting opportunities to manage this waste. b. Construction/demolition waste The volume of C & D waste has dramatically decreased due to the construction industry slow-down. An application is currently pending for a proposed C & D MRF to be located within Benton County. This facility will provide an opportunity for C & D material to be removed from the waste stream and recovered for beneficial reuse and recycling. c. Tires The volume of tires collected through the Waste Tire Program remained fairly steady over the last few years. The District was forced to limit the number of waste tires disposed per citizen to four (4) per month as required by Regulation 14. In addition, the fees for non-fee paid tires were increased in accordance with the increased cost of waste tire recycling and disposal activities. As more areas of the county are developed, numerous waste tire sites are being discovered and will be eradicated as development occurs.




d. Recyclables The volume of recyclable materials recovered will grow in response to improved education and added opportunities. Many citizens who are moving into the District have come from areas of the country where solid waste management opportunities were more abundant and sustainability was viewed as a higher priority. These previous experiences will result in an expectation of equivalent services in their new communities. This will require that the municipalities and the District develop innovative programs and approaches to provide services to meet the needs of the citizens. e. White goods The volume of white goods recycling will rise in relation to the increased value of scrap metal and as illegal dump sites are eradicated as a result of development of rural areas. The District has partnered with the County to provide free white goods recycling to all citizens through the Benton County Convenience Center. f. Municipal solid waste Municipal solid waste programs will begin leveling off as the population stabilizes. Increased recycling opportunities, waste reduction activities and reuse opportunities as well as use of waste-to-energy facilities nearby in Oklahoma will result in less municipal solid waste being landfilled. 6. Has the waste stream increased or decreased over the last five (5) years? Explain. The waste stream increased as a result of the increase in population. The volume of Class 4 waste has significantly decreased over the last couple of years due to decreased building construction. 7. Project the waste stream for the next five (5) years. Support your projections. The waste stream is anticipated to grow at nearly the same rate as the population growth. Projections are based upon a continuing 4% growth per year and waste generation rates remaining constant and recycling rate remaining at 33%.

Calendar Year End

Population Annual Per Capita

Generation

Total Tons of Waste

Generated

Tons of Material

Recycled

2011 230,193 1.59 366,007 120,782

2012 239,401 1.59 380,647 125,614

2013 248,977 1.59 395,873 130,638

2014 258,936 1.59 411,708 135,864

2015 269,293 1.59 428,176 141,298

F. Flow

A.C.A. §8-6-716. Regional needs assessment.(a)….(2) The assessment shall include, at the minimum, the following: An evaluation and balancing of the environmental, economic, and other relevant factors which would be implicated by acceptance of solid waste from beyond the boundaries of the district.

Evaluate the environmental, economic, and any other factors that are affected by the acceptance of solid waste from beyond the boundaries of the District and the transfer of solid waste outside of the District. The Karst topography of the District makes any construction of a new landfill untenable. The environmental impact of transferring waste from the District to disposal facilities outside the District produces less risk than constructing a landfill in this area. Any waste that is transferred into the District is transferred only to a transfer station and then transported to a landfill outside the District. A series of transfer stations within the District alleviates the need for a landfill within the District. Current Class I capacity is sufficient for volumes of waste projected for the next 5 years. Additional Class I capacity




would only be considered in order to facilitate and advance the use of waste for beneficial use such as bio-reactors or waste-to-energy. Although the economic benefits of having a landfill within the District might be substantial, the environmental risks are too great to justify those benefits. The transfer of waste outside the District does create and maintain jobs as would a landfill located within the District. In the future, the economic impact of transferring waste may become a liability as outside landfills and waste-to-energy facilities may raise disposal rates and/or limit the volume of material accepted from outside sources. Please refer to Appendix 6 for a list of disposal destinations outside of Benton County. Section 2.105 Current Services

A.C.A. §8-6-704. Boards - Powers and duties. “(a) The regional solid waste management boards shall have the following powers and duties: (1) To collect data, study, and initially evaluate the solid waste management needs of all localities within their districts, as provided in § 8-6-716, and to publish their findings as a regional needs assessment; (2) To evaluate on a continuous basis the solid waste needs of their districts, and thereby update the regional needs assessments at least biennially; (3) To formulate recommendations to all local governments within their districts on solid waste

management issues, and to formulate plans for providing adequate solid waste management…..”

A.C.A. §8-6-710. Solid waste management responsibility. (a)(1) Each regional solid waste management board shall be the governmental entity primarily responsible for providing a solid waste management system

for the district.

A. Collection Services 1. Describe the role the District plays in the development and implementation of collection services. The District licenses waste haulers and provides public education, administrative and regulatory support as well as planning and technical assistance relating to collection services. Collection services are operated by both private and public entities. Curb-side pickup of solid waste is generally contracted through the municipality or by the individual resident. 2. List all counties and/or municipalities in the District that have door-to-door/curbside collection service. All areas of the District have curbside waste collection available. The municipalities with mandatory participation include: Avoca, Bella Vista, Bentonville, Bethel Heights, Cave Springs, Centerton, Decatur, Garfield, Gentry, Gravette, Highfill, Lowell, Rogers, Siloam Springs, Springdale, Springtown and Sulphur Springs. Municipalities which do not have mandatory waste contracts and instead have voluntary participation include: Gateway, Little Flock, Pea Ridge. Areas outside of municipal boundaries also have voluntary participation. 3. Include the funding mechanism that provides the service (county tax, water bill, etc.), to the extent information is available or to the best of your ability. Typically, mandatory curbside collection is funded through subscription fees paid by each participant and either billed on a city utility bill or billed by the hauler. Voluntary participants contract with a chosen hauler and pay the collection fees directly to the hauler, typically on a quarterly basis.




4. What types of services do the counties or municipalities rely on for collection? Benton County and the municipalities rely on curbside collection provided usually by a contracted waste hauler as well as citizens transporting waste to local transfer stations. The District and the County provide collection programs for certain types of bulky solid waste. 5. Whose responsibility is it to arrange for collection in each county? Municipalities typically arrange for collection by contracting for a waste hauler for curbside service. Non-mandatory service is contracted directly between the citizen or business owner and the hauler. 6. Is participation mandatory or voluntary? Participation is mandatory within municipalities that have solid waste ordinances and contracts requiring participation by all citizens. Participation by citizens of rural areas and other municipalities participate on a voluntary basis. 7. What is the percentage of the District’s residents that do not participate in a collection service? Approximately 3% of the District’s residents do not participate in curbside collection service. These residents generally will haul their waste directly to a transfer station. A small percentage will illegally dump or illegally burn their waste or will place their waste in dumpsters owned by others. 8. List all counties and/or municipalities within the District that do not have access to some type of collection service or access to inadequate collection service. Include populations. All areas of the District have access to some type of collection service. Some rural areas that have difficult or remote access have access only to inadequate service due to high cost or minimal service provided by haulers. 9. Is there a system that works well within the District? Explain. The collection systems that provide the most effective collection are those with mandatory participation in curbside collection. 10. Describe progress and setbacks in collection service efforts within the District. Collection services have been improved by the expansion of municipal contracts to cities that were previously open markets with voluntary participation. The percentage of citizens required to participate in collection services has increased. The greatest hindrances to collection services are the large amount of unpaved roads and the lack of mandatory participation. Haulers are unenthusiastic about providing service on unpaved roads with only minimal participation. 11. Provide an evaluation of solid waste collection needs within the District. Mandatory participation by all citizens is the greatest need relating to collection within the District. Mandatory participation would make collection more feasible for haulers as the percentage of homes participating on any given route would increase. This would result in a cost savings that could be passed on to the citizens. Mandatory participation would also alleviate a large percentage of illegal dumping and burning of waste. B. Disposal Services

A.C.A. §8-6-704. Boards - Powers and duties. “(a) The regional solid waste management boards shall have the following powers and duties: (4) To issue or deny certificates of need to any applicant for a solid waste disposal facility permit within their districts with the exception of permits for landfills when 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;….”

1. Describe the role the District plays in the development and implementation of disposal services.




The District’s role in development and implementation of disposal services includes evaluation of requests for Certificates of Need, planning for increased disposal options with an emphasis on waste-to-energy disposal as well as education and technical assistance for municipalities. 2. Does the District own and/or operate or partner with others on any disposal facilities? The District does not own nor partner with others on disposal facilities. 3. What part does the District play in the disposal of wastes for its citizens? The District studies long-term disposal need, licenses waste haulers, reviews applications for Certificates of Need, and provides on-going public education, administrative and regulatory support as well as planning and technical assistance relating to disposal services. Public education activities include publishing an annual Disposal Guide; information on our website; and referral services. Disposal services are operated by both private and public entities. 4. What counties or municipalities own and/or operate or partner with others on any disposal facilities? The City of Siloam Springs operates a transfer station within their boundaries for bulking and transport of waste to a disposal site outside of the District. 5. What part do the counties or municipalities play in the disposal of wastes for its citizens? Municipalities typically develop and implement contracts for solid waste services with waste haulers. The County and various cities provide annual or bi-annual cleanup events funded by city or county general revenues. The County and the District provide disposal of bulky waste items for citizens. 6. Describe progress and setbacks in disposal service efforts within the District. Disposal service has increased with two of the existing four transfer stations submitting requests to increase permitted capacity. A cost effective waste-to-energy facility has come on line in Oklahoma and accepts a percentage of waste from Benton County. The Eco Vista Landfill in Tontitown (outside the District) has recently completed contracting with additional major haulers and has begun accepting a larger percentage of the waste generated within Benton County. 7. Provide an evaluation of solid waste disposal needs within the District The District’s high-level goals include reduction of the volume of waste that is landfilled. We support and promote the use of waste-to-energy facilities over landfills for final disposal. Current transfer station capacity is sufficient to provide adequate disposal for the next 5 years. The Eco Vista landfill in a nearby District also has sufficient capacity for the next 5 years.. C. Recycling Services

A.C.A. §8-6-704. Boards - Powers and duties. “(a) The regional solid waste management boards shall have

the following powers and duties: …. (7) To establish programs to encourage recycling;…..”

A.C.A. §8-6-720. Opportunity to recycle - Recyclable materials collection (a)(1) Beginning July 1, 1992, each regional solid waste management board shall ensure that its residents have an opportunity to recycle. “Opportunity to recycle” means availability of curbside pickup or collection centers for recyclable materials at sites that are convenient for persons to use……et al.”

1. Describe the role the District plays in the development and implementation of recycling services. The District’s role includes development and implementation of public education programs regarding recycling options, establish recycling collection routes for underserved areas, establish multiple rural recycling collection locations, registration and monitoring of recycling activities within the District, technical assistance to recycling centers and municipalities, administration of recycling grant funds, and review of recycling options to ensure adequate availability for all citizens. 2. Does the District (or county or municipality within) have a recycling coordinator? Coordination of recycling services is provided by the District Director:




Wendy Cravens, 5702 Brookside Rd, Bentonville, AR 72712. Phone 479-7950751. 3. Provide a description of each recycling project within the District. See Appendix 7-Recycling Projects Section 4. Include recycling and marketing efforts on the part of local programs, their principal end-users, and successes and failures. Recycling and marketing efforts are typically accomplished through a materials broker. See Appendix 7-2010 Recycling Survey forms for end users. Generally, all programs are successfully marketing materials that are accepted in the program. Several facilities are attempting to develop outlets for #3-7 plastics. 5. A.C.A. §8-6-720 requires that at least one Recyclable Materials Collection Center be established in each county of a District unless the Arkansas Pollution Control and Ecology Commission grants the Board an exemption. List these facilities and their locations. See Appendix 7-Recycling Centers Section 6. List composting facilities in the District. See Appendix 7-Composting Facilities Section 7. Provide the volume and types of materials that were recycled in the District during the previous year. See Appendix 7 2010 Recycling Survey Summary 8. Do counties and municipalities in the District cooperate on recycling and marketing efforts? Currently, each recycling center within the district markets their material individually through brokers. Several centers in our District use the same broker. The District partners occasionally with other centers on shipping less-than-truckload quantities from each center. 9. Describe progress and setbacks in recycling and marketing efforts by the District. Much progress has been made in recycling efforts. The District has added and expanded recycling projects including the rural recycling drop-offs, monthly recycling drive, bulky waste collection program, recyclables pickup program. Marketing of recovered material is accomplished through recycling brokers and no serious setbacks have been encountered. 10. Provide an evaluation of recycling needs within the District. Additional recycling opportunities are needed to add convenience for citizens. The District plans to expand the rural recycling 24-hour drop-off locations in areas currently without convenient access to recycling. We will also promote the expansion of curbside recycling opportunities. 11. Complete and append the annual reporting forms specific to the District’s Recycling Program. (Recycling Program reporting forms shall be supplied separately from the Recycling Branch of the Arkansas Department of Environmental Quality, Solid Waste Management Division). See Appendix 7 for 2010 Recycling Survey forms. D. Waste Reduction Services

A.C.A. §8-6-711. District solid waste management system. (a) A district is authorized to own, acquire, construct, reconstruct, extend, equip, improve, operate, maintain, sell, lease, contract concerning, or otherwise deal in facilities of any nature necessary or desirable for the control, collection, removal, reduction, disposal, treatment, or other handling of solid waste.

1. Describe the role the District plays in the development and implementation of waste reduction services. The District requires that all waste haulers implement a Pay as You Throw program to encourage waste reduction and recycling. In addition, the District provides public education relating to both. The District also




provides technical assistance such as waste audits to municipalities, industry and businesses regarding waste collection service contracts and methods of encouraging waste reduction. 2. List the waste reduction programs within the District, to the extent that information is available or to the best of your ability. Waste reduction opportunities are offered primarily through organizations, such as thrift stores and Habitat for Humanity’s Re-Store, that make used items available for reuse. The District provides public education through the Recycling and Disposal Guide (see Appendix 11) which includes locations of known organizations which offer items for reuse. 3. Provide an evaluation of waste reduction needs within the District. More stringent Pay as You Throw standards as well as better enforcement of bag limits by waste haulers would improve the waste reduction rates. Increase education and recovery of usable items for reuse is also needed. E. Special Materials Services

A.C.A. §8-6-710. Solid waste management responsibility. (a)(1) Each regional solid waste management board shall be the governmental entity primarily responsible for providing a solid waste management system for the district.

1. Illegal Disposal Services a. Illegal Dumping Services i. Describe the role the District plays in the development and implementation of Illegal dump control services. The District has a partnership agreement with the County which allows the District to utilize the County’s Environmental Enforcement Officers to investigate and remediate illegal dump sites within Benton County. The District provides educational services to citizens as well as providing technical support for the County’s Environmental Enforcement Officers. A cooperative effort between Benton and Washington Counties, administered by the NWA Regional Planning Commission provides for annual updates to high quality aerial photography of the area which aids in discovery of dump sites and remediation efforts. ii. Provide a list or a map of approximate locations of the illegal dump sites known to be located within the District. See Appendix 10 – Illegal Disposal iii. Provide an evaluation of illegal dump needs within the District. As the economic situation for some citizens has worsened, the volume and number of illegal dumping has increased. Dumping activities is difficult to enforce due to the many rural roads and secluded properties within the District. The District continues to strive to provide inexpensive and easily accessible disposal options. The District and the County have partnered to provide bulky waste collection at no charge from households in Benton County. The District plans to open additional convenience centers to provide easy access for all citizens to economic, proper disposal in an effort to reduce illegal dumping. Additional enforcement against violators would also aid in the reduction of illegal dumping. The County currently employs two full-time Environmental Enforcement Officers but additional officers are needed to adequately enforce state and local laws relating to dumping. Public participation and greater education efforts will also make a positive impact on this issue. b. Litter Services




i. Describe the role the District plays in the development and implementation of litter control services. The District provides educational and technical support relating to litter reduction. In addition we support Keep Benton County Beautiful in cleanup efforts.

ii. Provide an evaluation of litter needs within the District. The majority of litter within the District results from unsecured waste blowing from the backs of pickup trucks. A state-wide “Tarp Law” for pickup trucks would greatly reduce the volume of litter across the state. Additional enforcement of existing laws would also aid in reducing the volume of litter within the District. c. Open Burning Services

i. Describe the role the District plays in the development and implementation of open burning services. The District provides public education services regarding the environmental and physical hazards of illegal burning and provides support of the County’s enforcement efforts. The County and most municipalities require that citizens contact their local authority prior to conducting an open burn in order to obtain a permit. This provides an opportunity for officials to provide education about acceptable items to include in the burn.

ii. Provide an evaluation of open burning needs within the District. Better enforcement of existing ordinances and laws as well as increased public awareness would reduce the rate of open burning. In addition, the District will work with municipalities and Central Communications to develop training materials to assist those staffs in the issuance of burn permits in order to assure compliance with applicable burning laws. 2. Waste Tire Services

A.C.A. §8-9-405. Waste tire grants. “(a) The Arkansas Department of Environmental Quality shall, by July 1, 1992, establish a program to make waste tire grants to regional solid waste management boards which desire, individually or collectively, to: (1) Construct or operate, or contract for the construction or operation of, a waste tire processing facility and equipment purchases therefor;…….et al.”

a. Waste Tire Program Services i. Describe the role the District plays in the development and implementation of waste tire management program services. The District provides waste tire collection, sorting, processing and transportation services directly. ii. Describe the District’s current waste tire collection, transportation, disposal program, and the type of process used to manage tires. Currently, waste tires are collected at eight collection centers (three public and five private). When tires are received at each collection center they are placed directly onto enclosed dry van trailers. As each trailer is filled, the collection center staff notifies the District and a truck and replacement trailer is dispatched. Tires are transported to the District's waste tire collection center located in Centerton. Tires are also received directly from tire dealers and the public at this facility. The tires received at the facility are sorted based on size. Waste tires are either baled or placed loose onto dry van trailers for transport to Oklahoma shredding facilities, cement kilns and/or landfills. District staff also screens waste tires for possible reuse opportunities and sells waste tires to the public. iii. Does the program adequately serve the needs of the District? If not, what corrective measures are being undertaken? The current program provides for adequate collection of waste tires. The District has experienced numerous cyclical difficulties in securing cost effective disposal and/or recycling options. There is a desperate need for




adequate and cost effective recycling and/or disposal facilities within the State of Arkansas. In addition, there is a need for alternative end use opportunities. iv. List the waste tire collection centers for each county. Include the physical location. List the days and times of operation.

Company Property Address City Days Hours

Ball & Prier Tire 716 N 2nd Rogers M-F 7:30 - 5:00

Benton County Tire & Wheel 2113 Hwy 412 Siloam Springs M-F 7:30 - 5:00

Best Brake & Muffler, Inc. 2820 NE Hudson Road Rogers M-F 8:00-5:30

Saturday 8:00 - 1:00

Firestone Tire 3925 W. Walnut Rogers M-F 7a.m. - 7 p.m.

Saturday 7 a.m. - 6 p.m.

Sunday 9:00 - 5:00

Norm the Tire Man 809 SW 8th St Bentonville M-F 8:00 - 5:00

Saturday 8:00 - 12:00

Northwest Tire 1901 S 8th Rogers M-F 7:30 - 5:00

Saturday 8:00 - 12:00

The Tire Shop 3408 SE J Bentonville M-F 8:00 - 5:00

v. List the waste tire processing facility(ies) used by the District. Include the physical location. Other than the processing facility owned and operated by the District, waste tires are also delivered to: LaFarge / Systech Shredding Facility 2609 North 145th E Ave, Tulsa, OK (918) 437-3902

vi. If a waste tire processing facility is not used, list the type of facility that is used. Include the physical location. Waste tires are also delivered to a Waste to Energy Facility at Buzzi Unicem, 2430 S. 437 Road, Pryor, OK Phone:

(918) 825-1937 Currently all sorting and shipment of waste tires is handled at the District’s waste tire processing facility and tires are then shipped to one of several processing, recycling and/or disposal facilities. vii. Include here (or append) the District’s policy and procedures pertaining to waste tire issues. The District strives to:

1. Provide convenient and affordable disposal options for tire dealers, transporters and citizens. This is accomplished by providing several drop-off collection sites as well as low cost disposal for non-fee paid tires. 2. The Benton County RSWMD is committed to following a hierarchy of management practices that prioritizes the recycling or other beneficial reuse of waste tires. Land disposal is a last resort with use of waste-to-energy facilities preferred over land filling. We are continually searching for opportunities to recycle the tires currently being collected.

See Appendix 2 – Chapter C for the Waste Tire Program Rules and Regulations. b. Waste Tire Counting Services i. Describe the role the District plays in maintaining waste tire counts. The District has developed appropriate documents and implemented procedures to properly maintain tire counts including waste tire disposal vouchers, trailer manifests, tally sheets, unloading records, etc. The waste tires are counted by District staff at the time of unloading. ii. Describe the manifesting, accounting, or tire count process.




The District provides tire disposal voucher forms to each collection center which are completed by the individual or business that is dropping off waste tires. The vouchers indicate the number of each type of tire dropped off, any fees collected, etc. Citizens dropping off four or less passenger tires sign-in on a tally sheet and indicate the number of tires they are disposing. The collection centers are required to submit a trailer manifest, all vouchers for the tires on the trailer and the tally sheets to the District each time a trailer is picked up. The tires are counted by District staff as they are unloaded from the trailers and the manifests are reviewed for count accuracy. iii. List the number and types of tires generated during the previous calendar year. Tires generated in 2010 were: 162,905 Passenger Tires 1,548 Truck Tires 157 Oversize tires iv. List the number and types of tires processed during the previous calendar year. 162,905 Passenger Tires 1,548 Truck Tires 147 Oversize tires v. List the number and types of tires disposed during the previous calendar year. 180,378 Passenger Tires 3,110 Truck Tires 40 Oversize tires vi. List the number and types of tires stored at the end of the previous calendar year. The number of tires stored at the District facility at the end of 2010 was approximately 15007 passenger tires, 464 truck tires and 152 oversize tires. No tires were stored at the collection centers. vii. Describe the type of disposition and give the percent of each type of disposition (i.e., 80% TDF; 20% waste tire chip aggregate). 17% recycled into tire mulch 0% to engineering application 26% landfilled 58% TDF for cement kilns c. Waste Tire Site Control Services i. Describe the role the District plays in the development and implementation of waste tire site control services. The District assists in development of the enforcement program in cooperation with the County’s Environmental Enforcement Officers. A citizen complaint system is used and all complaints are investigated by either District staff or the officers. Abatement of illegal waste tire sites will be pursued through education first and prosecution if needed. In addition, the District attempts to remediate appropriate waste tire sites utilizing abatement grants when possible. ii. Describe what the District is doing to control dumping of waste tires. The District accepts four passenger tires per citizen per month at no charge. The District is also working with tire dealers to ensure that tire transporters are disposing of tires at a permitted facility. In addition, we partner with the municipalities and the County to provide tire collection services during cleanup events. iii. For each prior calendar year, provide a list of the number of waste tire sites abated, locations, number and types of tires for each site, and the cost of cleanup of each site. (This information is used for the national report to the Rubber Users Directory.)




No waste tire sites were abated by the District in Benton County during 2010. Individual sites were abated by property owners but no cost figures are available for those sites. See Appendix 10 – Illegal Disposal for a list of sites abated. iv. Describe how the District inventories waste tire sites. Known waste tire sites are inventoried on a database operated by the Benton County Environmental Enforcement officers. v. How many waste tire sites are currently known to exist within the District? List and give approximate locations, rank the sites in order of abatement urgency and specify potential risks to human health and the environment. Provide photos where available. Provide estimates of the number and types of tires at each site. Provide estimates of the cost to clean up each site. Identify for each site whether or not the District will need to apply for abatement funds to clean up the site. Provide a timeline to eliminate known waste tire sites. See Appendix 10 – Illegal Disposal for a list of known waste tire sites . 3. Batteries Services Describe the role the District plays in the development and implementation of lead-acid battery services. The District provides recycling of lead-acid batteries at the District’s recycling center and at each of the Household Hazardous Waste Collection event. In addition, most metal recycling facilities and several battery retailers will accept lead-acid batteries. The District staff will develop a list of known collection sites. Household batteries, such as alkaline and rechargeable, are collected as a part of the Household Hazardous Waste collection program. 4. Waste Oil Services Describe the role the District plays in the implementation of waste oil services. The District provides public education services relating to waste oil recycling and will accept waste oil at the Household Hazardous Waste Collection event. We have not funded any waste oil burners but will evaluate the possibility of doing so in the future. 5. Medical Waste Services Districts do not play any role in the development or implementation of medical waste services. Any questions that arise should be referred to the Department of Health. 6. Hazardous Waste Services If not related to household use, Districts do not play any role in the development or implementation of hazardous waste services. Any questions that arise should be referred to the Hazardous Waste Division of the Department of Environmental Quality. 7. Household Hazardous Waste Services a. Describe the role the District plays in the development and implementation of household hazardous chemical waste services. The District previously had developed and implemented a comprehensive year round household hazardous waste collection program which was operated by a local contractor and provided free disposal of a specific set of accepted materials with volume limitations in place. Due to extreme budget cuts, the District was forced to suspend that program effective December 31, 2010. The District plans to develop an in-house program for collection of material with bulking of collected material by District staff and disposal handled by a contractor to be determined. During the interim, the District will sponsor HHW collection events semi-annually in order to provide citizens with the opportunity to dispose of these materials properly. b. Describe briefly how household chemicals are currently managed in the District and/or county.




Currently, household chemicals are not accepted year round. Semi-annual collection events are planned for the collection of this material. We encourage citizens to take advantage of mail-in programs for disposal and local automotive fluid collection programs. c. List household hazardous waste collection activities or locations within the District. Specific HHW materials including waste motor oil and antifreeze are accepted at various auto parts stores. The County accepted HHW at their cleanup event in April 2011. The next District collection event is planned for fall 2011. d. Describe progress and setbacks in household hazardous waste collection service efforts within the District. The District previously had developed and implemented a comprehensive household hazardous waste collection program which was operated by a local contractor and provide free disposal of a specific set of accepted materials with volume limitations in place. Due to extreme budget cuts, the District was forced to suspend that program effective December 31, 2010. e. Provide a description of educational and technical services provided by the District as they relate to household hazardous chemical waste services. The District provides citizens with information through our website explaining the dangers of improper disposal of HHW and options for proper disposal. In addition, we advocate and educate about non-chemical alternatives where available. 8. Waste Electronics Services a. Describe the role the District plays in the development and implementation of waste electronics services. The District has developed and implemented a comprehensive electronics collection and recycling program. b. Does the District have a waste electronics collection and/or recycling center? If yes, please describe. The District collects waste electronics at our recycling center as well as our collection satellite locations. Citizens may be charged a small fee to cover the cost of handling. Electronics are currently shipped to the ESCO Recycling in Rogers, AR. In addition, the District collects e-waste from schools at no charge and provides annual e-waste collection events at various locations around the District. c. Describe progress and setbacks waste electronics service efforts within the District. Increased public education efforts regarding the dangers of improper disposal of electronics as well as implementation of a free collection program have improved the collection and proper disposal of electronics. d. Provide a description of educational and technical services provided by the District as they relate to waste electronics services. The District provides presentations and brochures explaining the dangers of improper disposal and options for proper disposal. e. Provide an evaluation of waste electronic needs within the District. Additional education is needed as well as more recycling options for businesses. We are also implementing expansion of satellite collection locations for e-waste. 9. Construction and Demolition Waste Services a. Describe the role the District plays in the development and implementation of construction and demolition waste services. Construction and demolition waste services are currently provided by roll off container providers. The District licenses and oversees these haulers. The District provides referral service to citizens to locate appropriate waste haulers. b. Provide an evaluation of construction and demolition waste needs within the District




There is a great need for a construction and demolition recycling program in the District. There are some private companies that are also pursuing C & D recycling facility permits or plans at this time. 10. Other Solid Wastes Services a. Describe the role the District plays in the development and implementation of services for any other solid wastes not previously covered in this document. Curbside yard waste collection services are currently available to 73% of residents in Benton County. In addition, brush, limbs and branches are accepted from all citizens at the Bentonville Composting facility. Residents of Bentonville and Rogers have access to city-operated composting programs for grass and leaves as well. Fluorescent bulbs are collected as part of the HHW collection program. b. Provide an evaluation of other solid waste needs within the District

The District will develop and implement a fee-based yard waste composting program which will be available to all citizens of the district.. F. Education and Public Awareness Services 1. District’s Role Describe the role the District plays in the development and implementation of education and public awareness services relative to solid waste management areas and issues. The District is actively involved in development and implementation of education and public awareness services. The District develops and distributes printed materials relating to solid waste management and other environmental topics, develops and presents educational forums and training sessions and conducts presentations to school and civic groups. We provide a comprehensive website with information on all aspects of the integrated waste management systems utilized in Benton County. We plan to continue to expand a grassroots effort to obtain additional public participation in education activities and to facilitate volunteers assisting the District in providing information regarding solid waste services available in their communities. 2. Active Programs Utilized List active programs utilized by the District, such as Keep Arkansas Beautiful, Arkansas Recycling Coalition, and the Arkansas Department of Environmental Quality’s Solid Waste Management Programs. The District Staff are involved in the Keep Benton County Beautiful affiliate, members of the Arkansas Recycling Coalition and are licensed by ADEQ as Solid Waste Facility Operators. 3. District Programs List in-house and other solid waste educational programs, litter programs, illegal dumping prevention programs, and any others not mentioned here. Describe the nature of each effort and level of participation. Include the following: a. Name of organization/sponsor b. County or city c. Addresses and phone numbers d. Target participants e. Description of activities See Appendix 8 4. Communication Strategies How is the District communicating with their citizens? The District communicates with citizens through flyers, brochures, press releases, audio and video PSA’s, advertisements in local publications and through the District website.




5. Public Meetings/Communication a. Are there regularly scheduled forums where the public can voice environmental concerns? The public is encouraged to voice concerns during a public comment period at the beginning of each bi-monthly Board meeting as well as at public hearings scheduled as needed for major issues. b. Are Board meetings regularly scheduled? District Board meetings are held on the fourth Thursday of every odd month at 1:30 p.m. at the Centerton City Hall c. Are the meetings publicized or promoted for the public’s knowledge? How - radio, television, newspaper, other? The meetings are publicized through notification of the media and through an email distribution list as well as advertised on the District’s website. d. Are there any opportunities for the public to receive training or current environmental information via a public forum or meeting? The District offers Teacher workshops and public training sessions on environmental education topics. e. Are there any public announcements, training, or education involving litter control awareness and illegal dump elimination? Education involving litter control is offered at each elementary school in the District. No activity programs or public announcements or training have been implemented. 6. Internet Access Does the Regional Solid Waste Management Board have a web page? If so, provide the address. The District’s website address is www.bcswd.com. 7. Publications Are there any newsletters or environmental publications for the public? The District issues an annual Recycling and Disposal Guide (see Appendix 11) and various other educational brochures on integrated solid waste management topics. G. Other Services 1. Transportation a. What role does the District currently play in solid waste transportation issues and needs? The District plays a minimal role in solid waste transportation. The District licenses waste haulers and has developed standards that haulers are required to follow regarding securing load, removing litter at loading sites, etc. b. Provide an evaluation of transportation needs within the District. The District’s solid waste transportation is handled by licensed private waste haulers. The haulers typically provide excellent service and maintain neat loading areas. The District’s needs are being met at this time. 2. Storm and Disaster Debris a. What role does the District currently play in the disposal of storm related debris? The District seeks to support the County and Cities in whatever ways possible. We provide technical support and assistance related to proper disposal of solid waste. In addition, we compile and disseminate disposal information for citizens. b. Provide an evaluation of the disposal of storm related debris needs within the District. The disposal of storm related debris has been handled in an efficient manner by the County and affected cities. The disposal of such material is managed by the County’s Emergency Management staff and municipal employees.

http://www.bcswd.com/




c. Define the District’s Emergency Response personnel and policies. The District does not employ emergency response personnel and we do not currently have a formal written Emergency Response policy. At the request of our Board members and other elected officials, we will provide technical support related to solid waste management as needed to the municipalities and the County. d. Define the District’s Disaster policies. The District utilizes the guidance of the County’s Emergency Management personnel in the event of a disaster.


Part Two – Chapter Two: Action Plan 2011

BCRSWMD 2011 Solid Waste Plan Page 1 of 12

BENTON COUNTY

Regional Solid Waste Management Plan

PART TWO – CHAPTER TWO ACTION PLAN

A.C.A. §8-6-710. Solid waste management responsibility. (a)(1) Each regional solid waste management board shall be the governmental entity primarily responsible for providing a solid waste management system for the district.

Section 2.201 Mission Statement Provide a mission statement for the Regional Solid Waste Management Board

To promote and support a high quality of life for the citizens of Benton County by providing a comprehensive, responsive, environmentally-safe, efficient, and cost-effective solid waste management program through the operation and over-sight of an integrated solid waste management system focused on aggressive reduction, reuse and recycling programs and proper disposal of all other solid waste materials.

Section 2.202 Executive Summary A. Strategies 1. Describe the role the District plays in the development and implementation of effective solid waste management programs as they relate to the six main goal areas of the Statewide Solid Waste Management Plan. (Collection, Disposal, Recycling, Waste Reduction, Special Materials and Education and Public Awareness) Collection: The District aids in the development and implementation of collection services by providing technical assistance to local governments, business and industry and citizens regarding best practices and available services. In addition, the District licenses and monitors solid waste haulers and works with the haulers to guarantee available collection services for all citizens. When specific collection services are not provided by private entities, the District strives to develop and implement collection programs. Disposal: The District aids in the development and implementation of disposal services by reviewing all Certificate of Need requests and monitoring disposal facilities within the District. In addition, the District regularly studies the existing capacity of disposal facilities to assist in determining areas of inadequacy and developing solutions to remedy those inadequacies. The District provides technical assistance relating to these areas. Recycling: The District aids in the development and implementation of effective recycling services by working with municipal and private waste haulers to establish recyclable collection services. We assist in finding end markets for uncommon commodities. In addition, the District provides collection services directly for rural areas and schools and non-profit entities.




Waste Reduction: The District aids in the development and implementation of effective waste reduction programs by promoting reuse and reduction practices and educating the public on best practices. Special Materials: The District aids in the development and implementation of effective special materials collection and recycling programs by providing a convenient year-round collection program for bulky waste, assisting local governments with bulky waste collection at city and county cleanups, providing a HHW collection program, providing a year-round electronics collection program and providing a year round white good collection program. Education and Public Awareness: The District aids in the development and implementation of effective education and public awareness activities by surveying citizens, municipalities and other organizations to determine knowledge gaps, developing education programs and materials to bridge those gaps, providing on-request presentations to schools and civic organizations on solid waste issues, and promoting use of our comprehensive website which provides disposal and recycling information, 2. What projects or efforts does the District expect to undertake or accomplish in order to attain these goals? Collection: The District will investigate options relating to mandatory and/or franchised waste collection services for areas of the District that are not currently provided with this type of service. Disposal: The District will focus on developing and facilitating waste-to-energy disposal options for citizens. Recycling: The District will seek to assist municipalities in developing and implementing expansion of curbside recycling opportunities when possible and will increase recycling drop-off opportunities for citizens lacking access to curbside collection. Waste Reduction: The District will promote the purchase and use of reusable items over disposable when possible. The District will also promote all reuse centers and will investigate the need for additional reuse facilities. Special Materials: The District will continue to work with the County’s Environmental Enforcement officers to reduce illegal dumping, littering and open burning through expanded educational programs and on-going enforcement activities. We will continue to analyze the need for expanded waste tire collection sites and will develop additional sites as need is identified. We will continue to collect and recycle dry cell and lead acid batteries as a component of our HHW collection program. We intend to develop an in-house HHW collection program where District staff will bulk the waste for transport to a permitted disposal facility. The District will expand the e-waste satellite collection locations to make e-waste recycling more convenient for citizens. The District will seek to facilitate the development of a construction and demolition waste recycling facility and will promote the use of the facility by residents and industry. Education and Public Awareness: The District will regularly survey citizens and municipalities to determine areas of need regarding solid waste management education and will develop community outreach programs to provide educational opportunities and awareness to citizens. B. Outlook 1. Describe the role the District hopes to play in the future development and implementation of effective solid waste management programs. The District will expand citizen outreach programs and seek to develop community advisory boards to help facilitate planning for solid waste management programs. In partnership with the advisory boards, we will continually evaluate the effectiveness of each component of the integrated solid waste management system and analyze existing services for adequacy. The District will aggressively seek out new technologies and




solutions for effective solid waste management and strive to incorporate those advances to improve solid waste management programs. 2. Identify areas where solid waste management efforts could be directed for the next decade as they pertain to the six main goal areas of the as they relate to the six main goal areas identified in the Statewide Solid Waste Management Plan. Improved rural waste collection programs - likely with implementation of mandatory participation in franchised collection zones - in order to facilitate proper disposal of waste materials and recovery of recyclables and organics and to reduce the collection cost for citizens. Increased recovery of waste materials for recycling and composting and use of waste-to-energy facilities in order to reduce the volume of material land filled. Expansion of curbside recycling and yard waste collection programs to all municipalities and to high-density population areas in unincorporated areas of the District. Development of satellite yard waste collection sites with material transported to regionalized composting facility. Development of a state-wide Conditionally Exempt Small Quantity Generator hazardous waste program which could be linked to the Household Hazardous Waste programs to improve collection and disposal of hazardous wastes as well as reduce the cost of the HHW programs. Development of active community advisory boards to facilitate community involvement in solid waste management planning and education programs Focused education activities regarding waste reduction and reuse opportunities Section 2.203 Goals A. District’s High Level Goals Keeping in mind the Department of Environmental Quality’s Land Objectives and the Solid Waste Management Division’s High-Level Goals (named under Section 1.203 in Part One of the Statewide Solid Waste Management Plan), identify and explain at least three District-wide high-level goals for the next decade. 1) Divert waste from landfills Much of our waste continues to be land filled. In order to divert a larger volume of waste from landfills, the District will aggressively promote waste reduction and reuse programs while continuing to expand recycling and composting programs. We will seek to facilitate and develop additional opportunities for disposal through waste-to-energy facilities. 2) Improve collection services The District will continue to study existing collection services and seek out innovative approaches to improving these services in order to provide access to economical curbside collection for all citizens thereby increasing the utilization rates. 3) Improve special waste disposal programs The District will remain proactive in assisting citizens with proper disposal of special wastes by providing additional opportunities for responsible management of this waste stream. B. District’s Plan’s Goal Areas




Keeping in mind the six major Goal Areas (named under Section 1.203 in Part One of the Statewide Solid Waste Management Plan) should identify and explain the District’s specific goals for each of these goal areas for the next decade. The six goal areas identified are:

Collection

Disposal

Recycling

Waste Reduction

Special Materials

Education and Public Awareness

Regional Plans, at a minimum, should address each of the issues listed and should provide a goal-achievement discussion or strategy and a timeline for completion of each objective.

1. Collection Based on available information, discuss collection needs and trends within the District that are anticipated during the next ten years. At a minimum: Examine and evaluate each county’s collection systems and provide solutions for improvement. Examine and evaluate a District-based funding mechanism for the collection of all solid waste generated within the District. (A) Strategic planning – Collection needs over the next decade will begin to gradually change from the current practice of collection of waste largely destined for disposal in a landfill to collection of waste materials with planned, aggressive recovery of valuable resources through recycling and composting programs. The District has considered a District-based funding mechanism for the collection of solid waste but does not believe that such a method is necessary at this time. Basic solid waste collection services are available throughout the District and the expansion of municipally-based mandatory service has resulted in improvements in the percentage of citizens provided with curbside collection at an economical cost. The District will continue to evaluate the need for such a funding mechanism in the future. (B) Reporting – Waste haulers and collection facilities provide record of waste collected and/or received within the District on a quarterly basis. (C) Public notice and participation The Board follows the Arkansas Administrative Procedures Act and resulting State Statutes to guarantee that citizens are informed of major solid waste management activities and plans and provided with adequate opportunities and encouraged to provide input relating to these issues. The Board meets on a bi-monthly basis to review matters of solid waste management practices and needs and the public is given advance notice of those meetings through the media and direct notification, when requested, in accordance with the Arkansas Freedom of Information Act. Notice of regularly scheduled meetings is provided through the District website as well. The District will continue efforts to engage the public in the planning process utilizing community advisory boards. (D) Services - As of May 2011, 76% of District residents (approximately 169,115 residents) participate in mandatory waste collection service through municipal contracts. The remaining 24% (approximately 52,224 residents) must individually contact and contract with a hauler directly in order to obtain service. We estimate that approximately 3% of total residents (approximately 5,200) do not have an existing waste contract. In these instances, they often dispose of waste by placing waste material into non-owned disposal




receptacles such as family or employer collection containers. A very small percentage will bury or burn their waste. Waste is collected by a diverse group of licensed waste haulers. (See Appendix 6 for a list of these haulers.) These operations range from “mom and pop” operations with one or two pickup trucks with a wire cage to enclose the waste to state-of-the-art collection trucks. Generally rural residents are served by the less advanced equipment. For the majority of citizens and business/industrial establishments, waste is collected curbside using compactor trucks. Open-top roll off containers are also utilized for temporary collection needs and for large volume waste producers. In most cases, waste is transported to a transfer station within the District for consolidation prior to being shipped to a landfill or waste-to-energy facility. The waste is placed into open-top walking floor or end-dump semi trailers for transport. A lesser amount of MSW is collected in compactor trucks and hauled directly to the Eco Vista Landfill in neighboring Washington County.

2. Disposal Based on available information, discuss disposal needs and trends within the District that are anticipated during the next ten years. At a minimum: Provide and improve integrated solid waste management options that include, but are not limited to, disposal facilities, transfer stations, composting facilities, recycling facilities, household hazardous waste collection facilities, special materials facilities, processing facilities and material recovery facilities. (A) Strategic planning – Like collection, disposal needs over the next decade will begin to gradually change from waste destined for disposal in a landfill to a more aggressive approach to recovery of valuable resources through recycling and composting programs, including recycling and beneficial use of household hazardous waste materials and tires, to ultimate disposal in a waste-to-energy facility. The District’s goal is to promote and facilitate a dramatic decrease in landfill disposal over the next 10 years. We will continue to promote and facilitate a hierarchy of waste management practices which focuses first on waste reduction efforts, increased composting and recycling opportunities, expanding our HHW program, seeking best practices for management of waste tires and continuing to develop new special waste programs to properly manage solid waste. The District will look at long-term needs and analyze the opportunity for construction of a waste-to-energy disposal facility within the District’s boundaries sometime in the future. (B) Reporting - The District receives quarterly reports of material disposed from the waste haulers and transfer stations. We develop annual reports of material recycled. (C) Public notice and participation – The District provides comprehensive information to citizens regarding waste reduction, reuse, recycling and disposal options. This is accomplished through our website as well as printed materials and referral services. (D) Services – The District’s current efforts at reducing the volume of waste which requires land filling are supported by an existing composting facility operated by the City of Bentonville; existing yard waste collection programs which are available to 73% of households; recycling facilities located in Bella Vista, Centerton, Rogers and Siloam Springs; rural recycling collection sites throughout the District; and the waste tire collection sites and processing facility. Two pending permit applications are currently being reviewed by the Department for an additional composting facility as well as a construction and demolition debris material recovery facility. Should these two facilities receive permits, they will increase the opportunity for waste to be diverted from landfills.




Currently, the District does not have an active final disposal facility. Much of our waste is disposed in the Eco Vista Landfill located inside a neighboring district with remaining waste being transported outside the state to other disposal facilities This system is facilitated by four existing privately-owned transfer stations. The existing capacity of these transfer stations provides adequate capacity for current and planned future needs. The District Board would consider additional transfer station capacity only in instances where the additional capacity would help meet the District’s goal of reduced land filling of waste and when the proposed transfer station would facilitate additional reduction opportunities (such as innovative recycling and/or composting activities) with final disposal of waste at a waste-to-energy facility.

3. Recycling How will the District assure that Recycling follows the state legislated goal? At a minimum: Establish a realistic and achievable recycling goal for the District. (A) Strategic planning – The District will seek to assist municipalities in developing and implementing expansion of curbside recycling opportunities when possible and will increase recycling drop-off opportunities for citizens lacking access to curbside collection. We will also determine feasibility of curbside collection in high population density areas in the unincorporated sections of the district. The District will focus on implementing a yard waste composting program that is available to all citizens. Long-term, we will seek to develop satellite yard waste collection sites with material transported to regionalized composting facility. In addition, we will analyze the feasibility of developing a food waste composting program. The District will actively promote recycling programs for business and industry, highlighting the savings received from diversion of waste to recycling facilities. The District will utilize all available recycling opportunities, whether private or public, to reach our goal of a recycling rate of 45% of the waste stream within 10 years. This will require proactive efforts on the part of business and industry to recover waste materials in partnership with expanded household recycling programs. (B) Reporting – Beginning July 1, 2011, each public and private recycling facility will be required to register with the District and to submit annual reports pursuant to Regulation 28 indicating the volume of recyclable materials recycled for the prior year as well as the end users of that material. The District will utilize this information along with disposal reports to determine the recycling rate. (C) Public notice and participation – The District promotes all known recycling programs through publication of an annual Disposal and Recycling Guide, through public presentations and through our web site. (D) Services – The District facilitates recycling services through dissemination of information regarding municipal and private programs. We provide technical assistance and waste audits to business and industry to assist in development of internal recycling programs. The District provides rural recycling collection in Cave Springs, Decatur, Garfield, Gravette, and Pea Ridge. We collect #1 & # 2 plastic bottles, aluminum cans, mixed paper, steel cans, glass and cardboard at these locations. We also provide public glass, paper and cardboard recycling at the Bentonville Composting Facility. In addition, the District also provides free pickup of recyclable materials from schools and non-profit agencies.




Private haulers provide curbside recycling for 74% of our citizens as well as make recycling services available to business and industry. Additional recycling facilities as well as a material recovery facility are located in Rogers, Siloam Springs and Bella Vista. (E) Solutions to problems and issues – The District will continue to promote curbside recycling programs for all municipalities as well as expanded opportunities for composting. We will also work with municipalities and private haulers to implement accountability standards to guarantee that recovered materials are actually recycled instead of being disposed of during economic downturns.

4. Waste Reduction What will be the District’s direct efforts be with business, industry and households that will reduce the amount of waste entering the waste stream? At a minimum: Establish on-going public outreach programs that address waste reduction. (A) Strategic planning – The District currently requires all waste haulers to implement an approved Pay as You Throw program to increase participation in waste reduction programs. We plan to promote more stringent limits on waste collection volumes as well as more costly penalties for excess waste production. The District will strive to develop more effective waste reduction education programs. In addition, we will study the feasibility of developing additional reuse centers throughout the District as well as promoting waste exchange programs. (B) Reporting - The District approves PAYT program submittals from the waste haulers on an annual basis. We do not currently generate or receive reports related to waste reduction. (C) Public notice and participation – The District promotes waste reduction efforts through mandatory PAYT requirements, partnership with Habitat for Humanity, educational presentations and materials as well as our website. (D) Services – The District currently provides waste reduction assistance and technical advice (such as waste audits) to citizens, schools, governments and businesses. We encourage the application of household practices such as buying in bulk, use of reusable items versus disposable, etc. We also promote business and industry practices which will reduce waste during production activities. The District has partnered with Habitat for Humanity’s Harvest Project to recover construction materials for reuse prior to demolition of specific structures. This program prevents portions of the demolition waste from becoming waste. Reuse facilities are provided by several agencies including Habitat for Humanity Re-Store, Helping Hands, Goodwill, Salvation Army, Caring and Sharing, etc. (E) Solutions to problems and issues – The District will seek to increase waste reduction by promoting shared use of appliances and equipment, lean manufacturing practices, eliminating disposable items when possible and expanding opportunities for waste reduction and reuse.

5. Special Materials What role will the District take in proper management in each of the follow special materials? At a minimum:




Identify problems related to each special material listed and explain how they will be addressed. At a minimum: Identify problems related to each special material listed and explain how they will be addressed. Illegal Dumping: The District has a partnership with the County’s Environmental Enforcement Officers to reduce the incidence of illegal dumping. The District will increase our public education campaign to improve awareness of cost effective disposal options. Litter: The District supports a state-wide tarp law to reduce the amount of litter being blown out of moving vehicles. In addition, the District promotes litter remediation though adopt-a-highway/road/street programs and through city cleanups and the annual Beaver Lake cleanup. Open Burning: The District continues to have a small percentage of households who burn their waste. The District works closely with the County’s Environmental Enforcement Officers to reduce the incidence of open burning. The District has also developed a public education campaign regarding the issue. Waste Tires: Waste tire recycling continues to be the biggest Special Waste challenge faced by our District. The lack of adequate recycling facilities within the State adversely affects our District and forces us to seek cost-effective disposal and recycling options outside the State. Waste tires are collected by the District at various public collection sites. The District will continue to assess the need for additional collection locations. The District will also pursue increased recycling of waste tires by seeking out cost-effective markets and determining feasibility of partnering with other Tire Districts on a regional shredding facility. Batteries and Household Chemical Waste: The District is re-establishing a Household Hazardous Waste program to provide disposal of batteries and household chemicals. The District will pursue added satellite collection centers for this material over the next 10 years. Waste Electronics: Electronics are currently collected through our Bulky Waste collection program at the District facility as well as satellite locations. In addition, we have a private dismantling facility in Rogers which handles a large volume of material from various regional customers. We anticipate that should a ban of e-waste from landfills occur and the volume of electronics entering the waste stream increases, the local dismantler will increase their collection capacity and additional public education will be needed to assure proper disposal and recycling programs. Construction and Demolition Waste: Construction and demolition waste is not currently being recycled within the District. The District will support private waste management companies who are pursuing C & D recycling projects. In addition, the District will support the Habitat for Humanity’s Harvest Program (structure salvaging program) and ReStore Program (resale of salvaged construction materials). Other Solid Wastes: Other solid wastes are handled on a case by case basis with assistance from other governmental agencies or authorities.

6. Education and Public Awareness How will the District approach education and public awareness? At a minimum: Identify education and public awareness programs that incorporate integrated solid waste management systems. (A) Strategic planning – The goal of the District’s education and public awareness program is to reduce the volume and toxicity of the solid waste stream, preserve natural resources, create value added products that




return to the market place, stimulate local business, and to engage and partner with citizens to address their local recycling and solid waste issues The District plans to develop programs to achieve these goals including the following:

Develop training materials to complement Department workshops and programs with localized information and networks.

Have a short Education Presentation at each board meeting.

Work with solid waste consultant to develop Zero Waste Committees in all communities with representatives who take turns attending the solid waste board meetings. These committees will be made up of representatives from businesses, schools, churches, civic and community groups. They will partner with the district on issues specific to their community.

Develop Zero Waste Information Networks within each community who will disseminate information from the district on a monthly basis. Networks will include television, radio, print media and the Zero Waste Committee members. This network will also be sharing information within the district.

Create a Best Practices Benton County packet that includes information about business waste reduction, composting, drop off signage, drop off sites, innovative collection programs, event recycling, and education programs that result in measureable waste stream reduction, etc. The packet will be available electronically. It will be offered to every library and school in each community and announced in each newspaper and on every city website.

Create video tours of the appropriate BEST PRACTICES BENTON COUNTY.

Expand presentation of the Recycling Basics Luncheon series similar to that held in Siloam Springs in spring 2011. Eight communities attended. Evaluations indicated the series needed to be done on both sides of the county annually.

Update the BCSRWMD web site monthly.

Encourage each community to post quarterly reports regarding final destination of their recyclables, landfill diversion percentage of all collected material, the contamination rates in their recycling programs, amount of tonnage still going to the landfill.

Post on the District website the Recycling Accountability Resolution passed by Fayetteville City Council in January 2011 as guidance document for other municipalities.

Offer monthly newspaper articles in all Benton County papers that agree to run them.

Do bus tours for elected officials and interested citizens on both sides of the county.

Continue comprehensive survey program of all municipalities to determine areas of need or concern related to solid waste issues.

Reach out and engage more effectively with churches, community groups, and business to gain participation in solid waste management programs.

(B) Reporting - We have recently begun developing sector-specific internet surveys with which we plan to obtain information regarding effectiveness of existing solid waste services as well as areas which are currently underserved. In addition, we plan to work with local universities to create systems so that we can quantify the success of the district education and outreach programs principally through measurable results regarding the volume of waste stream reduction achieved following the education campaigns. (C) Public notice and participation – The District Board meets bi-monthly and notice of these meetings is provided to the public through media outlets as well as directly to those citizens that have requested notice. In addition, we plan to improve participation through the development of community advisory boards. (D) Services – The District conducts public education programs through local schools, businesses and civic groups. The District will employ an intern to assist with public education to ensure that citizens have access to information relating to solid waste issues. The District will continue to promote integrated solid waste management, focusing on waste reduction, reuse and recycling in order to reduce the waste stream. (E) Solutions to problems and issues – The District faces a challenge in communicating with a diverse population. Wide ranges in age, ethnicity, and background must be addressed in each education program.




7. Other Goals How will the District approach other solid waste related goals? At a minimum: Identify other goals that incorporated into integrated solid waste management systems. Include any other goals that the Regional Solid Waste Management Board may have. The District continues to struggle with limited funding which hampers our ability to implement additional projects and outreach programs. The District will continue to develop additional sources of revenue and will review funding options in order to grow our programs more quickly. Updates and improvements in solid waste management technologies, regulations and markets occur at a rapid pace and it is difficult for staff to always remain aware of the latest information. The District would like for the Department to implement a periodic email publication providing information about updates and improvements relating to solid waste management.

8. Storm and Disaster Debris

How will the District approach the management and disposal of storm related debris? At a minimum: Identify disaster related management and disposal of storm related debris goals that incorporate into integrated solid waste management systems. Include any other disaster and emergency response goals that the Regional Solid Waste Management Board may have. (A) Strategic planning – The District has limited authority in relation to management of solid waste resulting from storms and disasters. Often the County and municipality are bound by State and Federal guidelines relating to how the material will be handled. The District has not previously played a major role in storm and disaster debris management. The disposal of storm related debris has been handled in an efficient manner by the County and affected cities. The District provides technical support and assistance to municipalities and the County. In addition, we compile disposal information for citizens. We will work closely with the County Emergency Management department as they update their Disaster Mitigation policies to offer insight into waste collection and disposal best practices. In addition, we will develop a guidance document and training program for municipality and County employees in order to provide for proper handling of storm and disaster debris including yard waste, construction and demolition waste, household hazardous waste and other special waste materials. (B) Solutions to problems and issues - The District will seek to improve the collection and recycling of as much suitable material as possible following any event. The District will seek to plan for and provide technical assistance and equipment as available. Section 2.204 Goal Areas - Objectives

A.C.A. §8-6-710. Solid waste management responsibility. a)(1) Each regional solid waste management board shall be the governmental entity primarily responsible for providing a solid waste management system for the district.




Keeping in mind the information collected on the six major Goal Areas under Chapter Two – Activities Analysis, and the District’s specific goals for each named in the above section, provide information that could help the District attain its goals during the next ten years:

List probable problems that the District might face

List possible solutions that the District might follow See Appendix 9 Section 2.205 Administrative A. Plan Implementation Provide an administrative plan defining the implementation strategy, guidelines, policies and procedures. The District will aggressively work towards implementing each goal while maintaining compliance with Reg. 22 and Reg. 14 as well as the District’s Rules and Regulations. B. Implementation Timetable Provide a timetable outlining goal implementation schedule See Appendix 9 C. Funding and Budget 1. Does the current staff meet the needs of the District to provide a quality system of solid waste management oversight for its citizens? If not, in what areas is there a staffing need and how does the District plan to address this shortage? The District administrative staff was severely reduced in July 2010 in response to the temporary loss of revenue from Waste Assessment fees. Although the legislature has established our ability to collect these fees, revenue levels will not rebound quickly. At this time, the District is looking into replacing the Office Assistant position with a full-time permanent worker as revenue levels become sufficient. In addition, the District would benefit from an Enforcement Officer position to provide staff time to inspect waste haulers and recycling and disposal facilities. At this time, revenue is insufficient to add this position. The District will continue to work with the County Enforcement officers in this area. 2. To the best of your ability, for the upcoming fiscal year, provide an estimate of expected revenue sources and/or fees, such as user fees, waste disposal fees, grants, loans, and sales of recovered materials. Estimate the percentage of annual revenue expected from each source. See Appendix 4 3. Provide an assumption of future or expected solid waste services that are to be supported by these revenues. The District will develop a composting program available to all citizens. We will also expand the HHW program to expand the service from event style collection to more convenient and accessible collection.

Section 2.206 Legislative Studies Provide a list of legislative studies the District would like to see addressed. Interim study to determine methods to develop and encourage additional waste tire processors to set up processing facility inside the state Study to determine feasibility and best management practices for use of tire-derived products (including bales, chips, crumb rubber, etc.) for civil engineering applications and state highway construction




State-wide legislation to require that all citizens and businesses contract with a licensed waste hauler. This would support District efforts to establish mandatory waste collection requirements. Development of an HHW and Conditionally Exempt Small Quantity Generators regulations to allow the co-mingling of these wastes to decrease the cost of HHW collection programs. Section 2.207 Appendices Append to the Plan, where available, the following information. (Append any changes or additions to Annual Reports.)

Administrative Procedures, Regulations, Ordinances or Policies, By-Laws (See Appendix 2)

Charts (including Organizational) (See Appendix 3)and Maps (See Appendix 5)

Recycling Program Reports (See Appendix 7)

Other Pertinent Information (See additional appendices)


BCRSWMD 2011 Solid Waste Plan Appendix 1: 2011 District Hierarchy

Appendix 1 District

Hierarchy



Organizational Hierarchy of Benton County Solid Waste District

Benton County Solid Waste District

(see Appendix 3 for personnel structure)

Peripheral Agencies

(see attached list)

Solid Waste Haulers & Waste Facilities

Benton County Waste Tire District

(3) Public Collection Centers

(6) Private Collection Centers



PERIPHERAL AGENCIES

Benton County Conservation Agency

Benton County Judge’s Office

Benton County Office of Environmental Services

City of Avoca Mayor’s Office

City of Bella Vista Mayor’s Office

City of Bentonville Mayor’s Office & Composting Facility

City of Bethel Height Mayor’s Office

City of Cave Springs Mayor’s Office

City of Centerton Mayor’s Office

City of Decatur Mayor’s Office

City of Garfield Mayor’s Office

City of Gateway Mayor’s Office

City of Gentry Mayor’s Office

City of Gravette Mayor’s Office

City of Highfill Mayor’s Office

City of Little Flock Mayor’s Office

City of Lowell Mayor’s Office

City of Pea Ridge Mayor’s Office

City of Rogers Mayor’s Office

City of Siloam Springs Mayor’s Office

City of Springdale Mayor’s Office

City of Springtown Mayor’s Office

City of Sulphur Springs Mayor’s Office

University of Arkansas Cooperative Extension Agency SOLID WASTE FACILITIES

AARP Recycling Foundation Recycling Center, Bella Vista

Allied Waste Transfer Station, Bella Vista

Deffenbaugh Transfer Station, Lowell

Esco E-Waste Processing Facility, Rogers

Inland Service Transfer Station, Rogers

Marck Recycling, Rogers

Rogers Recycling Center

Siloam Springs Recycling Center

Siloam Springs Transfer Station

Waste Management Eco-Vista Landfill, Tontitown (outside District)


BCRSWD 2011 Solid Waste Plan Appendix 2: Administrative Policies

Appendix 2

Administrative Policies

And By Laws

Index

RULES AND REGULATIONS OF THE BENTON COUNTY REGIONAL SOLID WASTE MANAGEMENT DISTRICT

Cite as Benton County Reg. § 02.01

Index

CHAPTER A: Practices and Procedures CHAPTER B: Certificates of Need CHAPTER C: Waste Tire Program CHAPTER D: Waste Hauler Program CHAPTER E: Solid Waste Facilities CHAPTER F: Solid Waste Assessment CHAPTER G: Reserved CHAPTER H: Reserved CHAPTER I: Reserved CHAPTER J: Reserved CHAPTER A: Practices and Procedures Subchapter 1: General. Subchapter 2: Rulemaking. Subchapter 3: Adjudications. Subchapter 4: Reserved. Subchapter 5: Reserved. CHAPTER B: Certificates of Need Subchapter 6: Authority & Criteria. Subchapter 7: Procedures. CHAPTER C: Waste Tire Program Subchapter 8: Authority Subchapter 9: Procedures Subchapter10: Alternative End Uses Subchapter 11: Compliance And Enforcement CHAPTER D: Waste Hauler Program Subchapter 12: General Subchapter 13 Licensing Procedures and Operating Requirements Subchapter 14 Enforcement and Penalties Subchapter 15 Waste Hauler Trust Fund CHAPTER E: Solid Waste Facilities Subchapter 16: General. Subchapter 17: Location Restrictions.

Subchapter 18: Operation and Maintenance. Subchapter 19: Design Standards. Subchapter 20: Financial Requirements. Subchapter 21: Compliance and Enforcement. Subchapter 22: Reserved. Subchapter 23: Reserved. Subchapter 24: Reserved. Subchapter 25: Reserved. CHAPTER F: Solid Waste Assessment Subchapter 26: Assessment. Subchapter 27: Procedure. Subchapter 28: Compliance and Enforcement CHAPTER G: Recycling Activities Subchapter 29: General. Subchapter 30: Reporting Requirements. Subchapter 31: Compliance and Enforcement. CHAPTER H: Reserved CHAPTER I: Reserved CHAPTER J: Reserved

BCRSWMD RULES AND REGULATIONS

Revised April 29, 2011

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CHAPTER A: PRACTICES AND PROCEDURES Subchapter 1 General. Subchapter 2 Rulemaking. Subchapter 3 Adjudications. Subchapter 4 Reserved. Subchapter 5 Reserved. Subchapter 1 General. § 1.01 Authority § 1.02 Restriction on Bonds § 1.03 Eminent Domain § 1.04 Definitions

§ 1.01 Authority Ark. Code Ann. § 8-6-712 authorizes regional solid waste management boards to (a)(1)(A) Require, by regulation or other legal means that solid waste generated or collected within the

boundaries of the district be delivered to a particular project for disposal, treatment, or other handling. (B) Provided, however, that nothing in this section shall be construed as impairing legal and proper contracts existing on March 26, 1991, under the Arkansas Constitution, or the notes or other evidences of indebtedness incurred pursuant to a revenue bond issued or reissued dependent upon a project involving a stated waste stream which is a contractual condition of said indebtedness;

(2) Prohibit, by regulation or other legal means, the collection of solid waste within the boundaries of the district by persons not properly licensed by the district; (3)(A) Authorize that a city, county, or any person in an adjoining district may deliver solid waste to a

designated landfill within the district for disposal, treatment, or other handling. (B)Provided, however, that notice of all such authorizations shall be submitted to the Arkansas Department of Environmental Quality within thirty (30) days and shall be incorporated into the district needs assessment in its next regular update;

(4) Provide, by regulation or other legal means, that 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; and (5) Covenant in connection with the issuance of bonds, notes, or other evidence of indebtedness to adopt any regulation described in subdivisions (a)(1), (a)(2), and (a)(4) of this section and that any regulation so adopted shall remain in full force and effect and shall be enforced so long as any bonds, notes, or other evidences of indebtedness remain outstanding.

(b) The districts shall issue rules or regulations pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq., which are reasonably consistent with and in accordance with but no more restrictive than all applicable environmental protection performance standards adopted by state law or incorporated by reference from federal law. (c)(1) Nothing in this section shall prohibit the disposal of solid waste generated by a private industry in

a permitted landfill where the 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. (2) Nothing in this section shall prohibit the collection or disposal of solid waste by a municipality with an existing permitted landfill with a twenty-five-year capacity as of January 1, 1991, where the city bears the expense of operating and maintaining the landfill and the landfill complies with Environmental Protection Agency and department regulations. (3) Nothing in this section shall prohibit a municipality or county from constructing or operating a facility or project to process and market recyclable materials for use as fuel.



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(d) Furthermore, nothing in this subchapter shall prohibit the disposal of dead animal carcasses through means which are otherwise permitted by state law or regulation.

§ 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) Issue any bonds for solid waste management purposes; or

(2) Pledge any revenues derived from solid waste management services for any bond issue.

The board shall not prohibit a municipality or county from issuing revenue bonds or using general obligation bonds when the purpose of such issuance or usage is the funding of a facility or project to process and market recycled materials for use as fuel.

The board shall not impair any existing bond issue or other financial obligation of a municipality, county, improvement district, or sanitation authority.

§ 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.



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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.



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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.



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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.



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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.



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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 improperly 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.



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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:

1. Control of combustion air to maintain adequate temperature for efficient combustion,

2. Containment of the combustion reaction in an enclosed device to provide sufficient residence time and mixing for complete combustion, and

3. Control of the emission of the combustion products.

Operating Plan and Narrative means that portion of the narrative that describes the operating procedures of the solid waste management facility.

Operator means an individual or individuals charged with the responsibility of managing or operating a solid waste management facility or part of a facility, including the responsibility for assuring the operations of said facility is in accordance with the provisions of this regulation and other applicable regulations.

Owner means the person(s) who owns a solid waste management facility or part of a facility.

Permittee means any individual, corporation, company, firm, partnership, association, trust, local solid waste authority, institution, County, City, town or municipal authority or trust, venture or other legal entity holding a solid waste disposal permit, as provided in the Arkansas Solid Waste Management Act, A.C.A. § 8-6-201 et seq. Person means any individual, corporation, company, firm, partnership, association, trust, state agency, government instrumentality or agency, institution, county, city, town or municipal authority or trust, venture or other legal entity, however organized.

Petroleum contaminated soils means those soils which have been physically, chemically or biologically altered by gasoline, diesel, and kerosene, heating oil, jet fuel or any other petroleum product.

Poor foundation conditions means those areas where features exist which indicate that a natural or man-induced event may result in inadequate foundation support for the structural components of a landfill unit.

Potentiometric surface means the surface to which water in an aquifer would rise by hydrostatic pressure.

Practices means the act or method of managing of solid waste.

Process Waste means solid waste resulting from an industrial or manufacturing processing operation.



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Private Industry Landfill means a solid waste management landfill facility, subject to permitting requirements under Regulation 22, where private industry bears the expense of operating and maintaining the landfill solely for the disposal of wastes generated by the industry.

Putrescible wastes means solid waste which contains organic matter capable of being decomposed by microorganisms and of such a character and proportion as to be capable of attracting or providing food for birds and other potential disease vectors.

Recovered Materials includes but is 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.

Recycling or Recycling Activity means the 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.

Recyclable Materials Collection Center or Collection Center means a facility which receives or stores recyclable materials prior to transportation to material recovery facilities, markets for recycling, or disposal.

Recyclable Materials Collection System or Collection System means a type of recyclables collection which does not include the direct use of a recyclable materials collection system by the general public. Collection systems include curbside, house-to-house, and other such collection services provided to the general public, which directly receive and transport recyclable materials collection centers, material recovery facilities, or markets.

Regional Solid Waste Management Board means the Benton County Regional Solid Waste Management Board.

Regional Solid Waste Management District means the Benton County Regional Solid Waste Management District.

Rule means any District regulation or statement of general applicability and future effect that implements, interprets, or prescribes law or mandatory policy, or describes the organization, procedure or practice of the District.

Rulemaking Action shall include any action by the District to adopt, amend or repeal and District Rule.

Run-off means any rainwater, leachate, or other liquid that drains over land from any part of a facility.

Safety means practices designed to reduce or prevent injury or damage to the public or to the environment.

Salvage means the approved, controlled removal of reusable material, but shall exclude food products and all other putrescible wastes.

Saturated zone means that part of the earth's crust in which all voids are filled with water.

Scavenging means the manual sorting and/or recovery of materials from the waste stream, either in the trucks, at the face of the fill, or in unconfined truck discharge areas by individuals not employed or associated with the landfill operation.

Seismic impact zone means an area with a two percent (2%) or greater probability that the maximum horizontal acceleration in lithified earth material, expressed as a percentage of the earth's gravitational pull will exceed 0.10g in fifty (50) years.



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Sludge means any solid, semi-solid, or liquid waste generated from a municipal, commercial, or industrial wastewater treatment plant, water supply treatment plant, or air pollution control facility exclusive of the treated effluent from a wastewater treatment plant.

Solid Waste means any garbage, or refuse, sludge from a wastewater treatment plant, water supply treatment plant, or air pollution control facility and other discarded material, including solid, liquid, semi-solid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations, and from community activities, but does not include solid or dissolved materials in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges that are point sources subject to permit under 33 U.S.C. 1342, or source, special nuclear, or by-product material as defined by the Atomic Energy Act of 1954, as amended (68 Stat. 923).

Solid Waste boundary means the outermost perimeter of the solid waste (projected in the horizontal plane) as it would exist at completion of the disposal activity.

Solid Waste Facility means any facility which holds or should hold a facility permit issued by the Solid Waste Division of ADEQ, including but not limited to: landfills of any type, transfer stations, material recovery facilities, waste tire facilities, etc.

Solid Waste Management means management activities including, but not limited to, the storage, collection, transfer, transportation, treatment, utilization, processing, and final disposal of solid waste including, but not limited to, the prevention, reduction, or recycling of wastes.

Solid waste management plan means a plan developed according to the provisions of the Solid Waste Management Act, A.C.A. 8-6-201 et seq., and guidelines of the Department, and which is subject to approval by the Department.

Solid waste management system means the entire process of storage, collection, transportation, processing, treatment, and disposal of solid waste, and includes equipment, facilities and operations designed for solid waste management activities, including recycling, source reduction, and the enforcement of solid waste management laws and ordinances.

Solid Waste Material Recovery Facility means a Solid Waste handling facility, subject to permitting requirements under Regulation 22, that provides for the extraction from mixed solid waste of recoverable materials, materials suitable for use as a fuel or soil amendment, or any combination of such materials. Solid waste recovery facility (WRF) means a solid waste handling facility that provides for the extraction from mixed solid waste of recoverable materials, materials suitable for use as a fuel or soil amendment, or any combination of such materials. Due to the similarity of functions, WRF operations are required to meet all permitting requirements for transfer stations, including obtaining a certificate of need from the Regional Solid Waste Management District.

Solid waste processing facility means a composting facility, transfer station, solid waste recovery facility or other facility that handles or processes solid waste.

Source separated recovered materials means the recovered materials that have been separated from the solid waste stream at the point of generation or at a solid waste materials recovery facility. The term does not require that various types of recovered materials be separated from each other and recognizes de minimus solid waste, in accordance with industry standards and practices, may be included in the recovered materials.

Special materials means any materials that require special handling precautions and disposal procedures by the landfill owner or operator beyond the normal activities associated with landfill operations. Special materials includes those items listed in Chapter 7 of this Regulation and other process wastes and conditionally exempt small quantity generator wastes requiring special handling procedures.

State means the State of Arkansas.



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Surface impoundment or Impoundment means a facility or part of a facility that is a natural topographic depression, human-made excavation, or diked area formed primarily of earthen materials (although it may be lined with human-made materials), that is designed to hold an accumulation of liquid wastes or wastes containing free liquids and that is not an injection well. Examples of surface impoundments are holding, storage, settling, and aeration pits, ponds, and lagoons.

Structural components means landfill liners, leachate collection systems, final covers, run-on/run-off systems, and any other component used in the construction and operation of the unit that is necessary for protection of human health and the environment.

Taking of endangered species means harassing, harming, pursuing, hunting, wounding, killing, trapping, capturing, or collecting of an endangered species or attempting to engage in such conduct.

Tipping Fee means a charge made by any solid waste disposal, transfer, recycling or processing facility or a transporter to its customers for material received.

Ton means a short ton consisting of a net weight measure of two thousand pounds (2000 lbs.).

Transporter or Solid Waste Transporter or Hauler means any individual, corporation, company, firm, partnership, association, trust, local solid waste authority, institution, County, City, town, municipal authority or trust, venture or other legal entity transporting solid waste and licensed pursuant to the Regional Solid Waste Management Districts and Boards Act, A.C.A. § 8-6-701 et seq.

Transfer station means any facility used to manage the removal, segregation, processing, and transfer of solid waste from collection vehicles and containers, and from other private and commercial vehicles to greater capacity transport vehicles.

Type O Compost Material means source separated organic wastes, such as paper, food wastes, food processing wastes, or yard waste or municipal sewage sludge in combination with these wastes.

Type S Compost Material means mixed solid wastes such as household garbage, nonhazardous commercial wastes, or yard waste, source separated organic wastes, or sewage sludge in combination with these wastes.

Type Y Compost Material means yard waste and other vegetative materials such as grass clippings, leaves, and shredded or chipped brush, and tree prunings.

Unauthorized Waste means regulated hazardous wastes as defined in 40 CFR Part 261, polychlorinated biphenyls (PCB) wastes regulated under the Toxic Substances Control Act (TSCA) for disposal as defined in 40 CFR Part 761, and all other wastes which are not allowed for disposal due to the provisions of this regulation, specific permit conditions, or not allowed by Arkansas law.

Uncompacted Cubic Yard of Waste means a volume equal to a 3‟ x 3‟ x 3‟ of solid waste which has received no amount of mechanical compaction.

Underground drinking water source means an aquifer supplying drinking water for human consumption, or an aquifer in which the ground water contains less than 10,000 mg/l total dissolved solids.

Unstable area means a location that is susceptible to natural or human-induced events or forces capable of impairing the integrity of some or all of the landfill structural components responsible for preventing releases from a landfill. Unstable areas can include poor foundation conditions, areas susceptible to mass movements, and Karst terranes.

Uppermost aquifer means the geologic formation nearest the natural ground surface that is an aquifer, as well as, lower aquifers that are hydraulically interconnected with this aquifer within the facility's property boundary.

Vector shall have the same meaning as "Disease vector".

Washout means the carrying away of solid waste by waters of the base flood.



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Waste management unit boundary means a vertical surface located at the hydraulically down gradient limit of the unit. This vertical surface extends down into the uppermost aquifer.

Waste pile or Pile means any non-containerized accumulation of solid, non-flowing, waste that is used for treatment or storage.

Water table means the surface of unconfined water at which pressure is atmospheric and is defined by the levels at which water stands in wells that penetrate the ground water surface.

Wetlands means those areas of land that are defined in 40 CFR 232.2(r).

Yard waste means grass clippings, leaves, and shrubbery trimmings.

Subchapter 2 Rulemaking. § 2.01 Proposed Action § 2.02 Notice of Proposed Action § 2.03 Public Comment § 2.04 Public Hearing § 2.05 Final Action § 2.06 Emergency Proceedings § 2.07 Petitions for Action § 2.08 Filing § 2.09 Effective Date § 2.10 Certification of Regulations § 2.11 Official Records § 2.12 Substantial Compliance § 2.13 Preemption by State or Federal Law § 2.14 Actions for Declaratory Judgment § 2.15 Severability

§ 2.01 Proposed Action 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. The District shall provide at least thirty (30) days' notice of any intended adoption, amendment, or repeal. The thirty-day period begins on the first day of the publication of notice.

§ 2.02 Notice of Proposed Action (a) Notice of the proposed new rule or regulation, modification or repeal of an existing rule or regulation, shall be given to the public via publication in the Newspapers of Northwest Arkansas and by posting on the District‟s website. The notice shall be published for three (3) consecutive days. (b)The notice shall state the terms or substance of the intended action or a description of the subjects and issues involved and provide information on obtaining a copy of the proposal from the District. The notice shall inform the public of the time, place and manner in which they may present their comments. (c) Notice shall be mailed, via first class mail, to any person specified by law and to all persons who request advance notice, in writing, of any rulemaking by the District. (d) Notice shall be mailed, via first class mail, to ADEQ. The notice shall be published by the Secretary of State on the Internet for thirty (30) days in accordance with § 25-15-218.



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§ 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. The hearing shall be held at a regular or special meeting of the board. A summary or transcript of the testimony received during the public hearing will be submitted to the Board prior to their determination; Petitions and letters received by the District Staff prior to the hearing shall be entered into the minutes of the hearing and considered as other testimony received at the hearing; 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. § 2.05 Final Action (a) At any Board meeting following the close of the public comment period and the public hearing, the Board may act on the proposal by: adopting it as originally written; adopting a modified version; or, denying the proposal. The District Board shall fully consider all written and oral submissions respecting the proposed rule before finalizing the language of the proposed rule and filing the proposed rule. (b) The Board reserves the right to re-issue any proposal for public comment following significant modifications. (c) Upon adoption of a rule, the District, if requested to do so by an interested person either prior to adoption or within thirty (30) days after adoption, shall issue a concise statement of the principal reasons for and against its adoption, incorporating in the statement its reasons for overruling the considerations urged against its adoption. § 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: (a) Deny the petition, stating in writing its reasons for the denial; or (b) Initiate rule-making proceedings.

§ 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 regulation adopted by it, and a statement of financial impact for the regulation. The scope of the financial impact statement shall be determined by the



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District but at a minimum shall include the estimated cost of complying with the rule and the estimated cost for the agency 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 agency shall submit a statement and explanation to that effect.

§ 2.09 Effective Date Each rule or regulation adopted by the District shall be effective ten (10) days after filing 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 10 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. The District shall take appropriate measures to make emergency regulations known to the persons who may be affected by them.

§ 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 after the effective date of this Subchapter shall be effective if the Rulemaking Action substantially complies with this Subchapter.

§ 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



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Subchapter 3 : Adjudications. §3.01 Assessment of Penalty §3.02 Exemptions §3.03 Form §3.04 Request for Appeal §3.05 Appeal to Board §3.06 Final Agency Action §3.07 Appeals to Circuit Court §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. 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 (a) Penalties shall be assessed by a written Administrative Order, signed by the Executive Director or Board Chairperson, and delivered to the person against whom the penalty is assessed; with the right to appeal and have a hearing as set out below.

(b) Administrative Orders shall be delivered in person or by Certified Mail, return receipt requested, to the address of record at the District. The Administrative Order shall become effective ten (10) days after delivery or attempted delivery of the Administrative Order.

(c) The Executive Director has the discretion to attach a Consent Agreement to an Administrative Order and to enter into Consent Agreements to settle any Administrative Order.

§3.04 Request for Appeal

(a) Within thirty days of the receipt of any Administrative Order, the person against whom the Order was issued can request an appeal before the District Board.

(b) The request for appeal must be in writing and received by the District office no later than close of business thirty days after the date of the Administrative Order. If the thirtieth day falls on a Saturday, Sunday or State Holiday, the request is due by close of business the following business day.

(c) Requests for appeal may be delivered to the District in person or by Certified Mail, return receipt requested.

The Board may, at its sole discretion, waive any penalty for a first offense based on the person‟s prior record. §3.05 Appeal to Board

(a) Persons who timely file a request for appeal shall be entitled to be heard at the first regularly



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scheduled Board meeting following their request for appeal.

(b) 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.

(c) Any person who files a request for appeal shall have the right to be accompanied and advised by counsel according to ACA 25-15-213. Every party shall have the right to appear in person or by counsel. The District shall present its case first, followed by the appellant. Both sides may offer testimony and present evidence to be considered by the Board. Cross-examination shall be allowed as well as questioning by the Board.

(d) The hearing shall be conducted by the presiding Chairperson of the Board.

(e) 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.

(f) A court reporter shall be hired to develop a transcript of the hearing. This transcript, along with all evidence presented to and accepted by the Chairperson shall make up the Administrative Record in that matter.

(g) At the close of the hearing, the Board shall enter a written order. Each party shall be responsible for drafting a written order to be submitted to the Board. Alternatively, the Board may draft an order at the close of the hearing.

§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.

Subchapter 4 Reserved. Subchapter 5 Reserved.



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CHAPTER B: CERTIFICATES OF NEED Subchapter 6 Authority and Applicability. Subchapter 7 Procedures. Subchapter 6 Authority and Applicability.

§ 6.01 Authority

§ 6.02 Applicability

§ 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. Subchapter 7 Procedures for Obtaining a Certificate of Need.

§ 7.01 Notice of Intent

§ 7.02 Application

§ 7.03 Determination of Completeness

§ 7.04 Comment Period

§ 7.05 Public Hearing

§ 7.06 Application Evaluation

§ 7.07 Appeal of Decision

§ 7.08 Continuing Effect

§ 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:

(a) the name of the applicant; (b) the applicant's address and telephone number; (c) whether the applicant is seeking a new or modified solid waste facility permit and the

classification of the permit sought; (d) the site of the proposed facility; (e) a description of the geo-political area to be served by the proposed facility, including population

estimates by jurisdiction; (f) for landfills, confirmation from the ADEQ that the applicant has requested a statement

concerning the current and proposed solid waste landfill disposal capacity respective to the area and landfill class being proposed.

§ 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:



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(a) ;the applicant's legal name, mailing address, email address and telephone number;

(b) the property owner‟s legal name, mailing address, email address and telephone number; (c) the street address as denoted by the local 911 service , legal address and driving directions of

the proposed facility; (d) if the owner of the proposed facility is other than the applicant, a copy of the rental or purchase

agreement for the proposed facility including the name of the person having legal ownership of the land where the proposed facility will be located, and a copy of the legal instrument giving Applicant the right to use the realty for solid waste disposal or processing including a current boundary survey of the property by a registered land surveyor.;

(e) the location of the proposed facility as shown on the applicable 7.5º USGS topographic map(s); (f) the service areas which the proposed facility will serve; (g) types, quantities, classifications and sources of waste proposed to be disposed of or processed

at the site or facility; (h) total waste capacity, projected utilization rate, and total life expectancy of the facility

for landfills, the current permitted capacity for the appropriate landfill class within the district and the estimated increase in permitted capacity for the proposed facility or modification. Applicant must demonstrate that the proposed facility provides landfill disposal capacity needed within the District. In no event, shall the District's excess projected capacity for any class of landfill exceed thirty (30) years, including the proposed facility;

(i) for transfer stations, a map showing the location of the proposed facility and all existing transfer stations with a twelve-mile radius around each. Applicant must demonstrate that a sufficient transfer station capacity does not currently exist within the proposed service area. At the discretion of the District Board, a pending application for a permit modification to increase the permitted capacity of an existing transfer station, which has been submitted to ADEQ prior to the review of the application by the District Board, may be considered as existing capacity by the Board in determining whether a need for additional capacity exists

(j) for transfer stations, specify the facility to which waste from the transfer station will be transferred;

(k) a completed Disclosure Statement using forms provided by the ADEQ (Not required for governmental entities including federal, state, county, municipal, regional solid waste authorities);

(l) Documentation of each of the following: (1) the proposed facility is consistent with the regional planning strategy adopted by the board in

the regional needs assessment or the most recent regional solid waste management plan; (2) the proposed facility does not conflict with existing comprehensive land -use plans of any

local governmental entities; (3) documentation from appropriate agencies regarding whether the selected site is in

conformance with the airport safety, floodplain, wetlands separation distances and location restrictions, and protective of endangered species, historic archaeology, and flora and fauna. Those agencies include, but are not limited to, the Federal Aviation Administration, US Army Corps of Engineers, US Fish and Wildlife Services, Arkansas Game and Fish Commission, Arkansas Historic Preservation Program, Arkansas Natural Heritage Commission, and the Arkansas Department of Health;

(4) the proposed facility will not adversely affect the public use of any local, state, or federal facility, including, but not limited to, parks and wildlife management areas;

(5) the proposed facility does not conflict with the requirements of local, state or federal laws and regulations on the location of disposal facilities as outlined in this regulation.

(6) if the proposed facility is located within the 100-year floodplain, that it will not restrict the flow of the 100-year flood, reduce the temporary water storage capacity of the floodplain, or potentially result in washout of solid waste so as to pose a hazard to human health or the environment.

(7) the proposed facility is appropriately located given the District's needs and taking into consideration its road system



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(8) If the proposed facility is a transfer station which intends to transfer waste outside of the district in which it is located; provide documentation that the district to which the waste will be transferred has been notified and that the regional board of that district has approved the receipt of the waste. This provision shall not apply if the waste is being transported for disposal outside the geographical limits of Arkansas.

(m) any other information deemed necessary to make a determination of need.

§ 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:

(a) notice of the receipt of the application (b) the place, date, and time of the required public hearing. The place, date, and time for the

public hearing shall be set by the District. (c) the manner in which citizens may submit written comments.

Publication of notices shall be in the Newspapers of Northwest Arkansas. The public notice must be published at least twenty (20) days prior to the date of the public hearing. The date of publication of the notice shall mark the beginning of a thirty (30) calendar day comment period in which any interested party may submit written comments to the District regarding the application for the Certificate of Need.

§ 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:

(1) The information provided by the applicant in the application for a certificate of need; (2) The requirements and considerations of any needs assessments prepared pursuant to

Commission Regulations; (3) The location of the applicant's proposed facility based on the district's needs and its highway

and road system;



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(4) The need for a landfill based upon the district's remaining capacity that is currently permitted for operation, but in no event shall the district's remaining permitted capacity exceed thirty (30) years unless the city or county government within whose jurisdiction the proposed landfill is located authorizes approval of the excess capacity through the adoption of a resolution. Along with the Certificate of Need for a landfill, the district shall provide to the Director an allocation of waste capacity for each permitted landfill within the district‟s jurisdiction in order to determine the design capacity of the proposed facility;

(5) Any solid waste management system plans, promulgated and approved pursuant to A.C.A. § 8-6-211 and ' 8-6-212 to the extent these plans conform to an overall regional planning strategy;

(6) A detailed history of the applicant's record and that of the property owners, stockholders and officers with respect to violations of environmental laws and regulations of the United States or any state or any political subdivision of any state. The Board may issue or deny the issuance of a Certificate of Need if it finds, based upon the disclosure statement and other investigation which it deems appropriate, that:

(a) the applicant has a history of noncompliance with environmental laws or regulations of this state or any jurisdiction;

(b) An applicant which owns or operates other facilities in the state is not in substantial compliance with environmental laws or regulations of this state; or

(c) A person with a history of noncompliance with environmental laws or regulations of this state or any jurisdiction is affiliated with the applicant to the extent of being capable of significantly influencing the practices or operations of the applicant which could have an effect on the environment.

(7) All written and oral submissions, including public comments, respecting the proposed Certificate of Need.

Unless the Board has affirmatively issued or denied a Certificate of Need within one-hundred and twenty (120) days of the beginning of the comment period, the Certificate of Need will be deemed to have been denied. The Board shall issue written findings when making a determination. The findings shall state the basis for issuing or denying the Certificate of Need. The findings will be sent to the following:

(a) the applicant; (b) ADEQ; and (e) any interested persons who request such findings in writing from the District.

§ 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 (a) Upon receipt of a Certificate of Need, the applicant has sixty (60) days in which to file a pre-application for a solid waste facility permit with ADEQ. If a pre-application is not filed within 60 days, the Certificate of Need shall expire. (b) Upon receipt of a Certificate of Need, the applicant has six (6) months in which to file a permit application for a solid waste facility permit with ADEQ. If a permit application is not filed within 6 months, the Certificate of Need shall expire.



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(c) Certificates of Need are issued to specific persons. Under no conditions or circumstances shall a Certificate of Need be transferred, assigned, or otherwise provided to any individual or organization other than as originally specified on the Certificate of Need.



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CHAPTER C: WASTE TIRE PROGRAM Subchapter 8 Authority Subchapter 9 Procedures Subchapter10 Alternative End Uses Subchapter 11 Compliance And Enforcement Subchapter 8 Authority and Purpose

§ 8.01 Intent

§ 8.02 Authority

§ 8.03 Definitions

§ 8.04 Prohibitions

§ 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 et seq.

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



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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:

(a) used to transport persons or property, and

(b) propelled by power other than muscular power.

Non-Fee Paid Tire means waste tire in which no state waste tire fee has been collected, reported, and paid on a replacement tire sold at retail.

Operator means any person who performs any operation at a permitted waste tire processing or disposal facility requiring individual judgment which may directly affect the proper operation of the facility. Operator shall not be deemed to include any official solely exercising general administrative supervision.

Permit means a written consent issued by the Department authorizing a person or business to construct, operate, and/or maintain a waste tire processing facility, a waste tire disposal facility or a waste tire collection center.

Permitted Site means any site used for collection, storage, processing, or disposal of waste tires which has a current valid operating permit issued by the Department.

Person means any individual, corporation, company, firm, partnership, association trust, state agency, government instrumentality or agency, institution, county city, town or municipal authority or trust, venture or other legal entity, however organized.

Processed Tire means tires and commingled tire parts and pieces that have been cut, shredded, or otherwise altered so that they are no longer whole and/or no longer identifiable.

Quantity means the weight, volume, or actual number of tires. For purposes of this rule, assume that there are one hundred (100) automobile tires per ton, twenty (20) truck tires per ton, and ten (10) tires per cubic yard.

Recycling means the systematic collecting, sorting, decontaminating and returning of waste materials to commerce as commodities for use or exchange.



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Registered Professional Engineer means professional engineer registered in the State of Arkansas.

Registered Used Tire Dealer means a tire retailer who is registered with the Arkansas Department of Finance and Administration as a Waste Tire Fee Collecting Agent and who sells both new and used tires.

Residuals means any liquids, sludges, metals, fabric or by-products resulting from the processing or storage of tires. Residuals do not include processed tires held for recycling provided the conditions of COMMISSION Regulation 14, Chapter 13 are met.

Specialty Tire means any tire not specifically covered by any other definition in this section including without limitation traction engines, road rollers, vehicles that run only on a track, bicycles, and farm tractors and trailers.

Tire means a continuous solid or pneumatic rubber covering that is used for encircling the wheel of a motor vehicle.

Tire Derived Fuel (TDF) means fuel derived from whole tires or processed tires.

Tire Manufacturer means a manufacturing operation engaged in the final assembly of the basic components of a tire.

Tire Recycling means any process by which waste tires, processed tires, compressed and baled tires, or residuals are reused or returned to use in the form of products or raw materials.

Truck Tire means any motor vehicle tire with a rim size greater than nineteen inches (19”) and a load rating of “F” or higher including without limitation wide-base or extra-wide single tire.

Used Tire means a tire that is repairable or retreadable for its original intended purpose but shall not include a tire being held for ninety (90) days or less for the purpose of retreading or repairing the tire.

Waste Tire means a whole tire that is no longer repairable or retreadable or no longer suitable for its original intended purpose because of wear, damage, or defect.

Waste Tire Collection Center means a site where used or waste tires are collected from the public prior to being offered for recycling or disposal and where fewer than three thousand (3,000) loosely stored tires are kept on the site on any given day or up to a maximum of ten thousand (10,000) tires which have been compacted and baled.

Waste Tire Generator means any person who generates by removing from rim for disposal or stores waste tires on property owned or leased by that person.

Waste Tire Management Facility means a facility involved in the collection, storage, recycling, processing and/or disposal of waste tires.

Waste Tire Monofill means a separately permitted landfill or landfill unit specifically designed and rated for the sole disposal of waste tires, and where the area has been prepared in such a manner that the tires can be recovered at a later date.

Waste Tire Originating From a Tire Manufacturer means those new tires which originate from a tire assembly process and are determined by the tire manufacturer to be either defective or unfit for use on a motor vehicle.



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Waste Tire Processing Facility means a site where equipment is used to cut, chip, grind, or otherwise alter used or waste tires.

Waste Tire Site means a site at which one thousand (1,000) or more unpermitted used or waste tires are accumulated, whether loosely stored or compacted and baled, or a combination thereof.

Waste Tire Transporter means a person who collects and transports from one place to another, twenty-five (25) or more whole, used or waste tires, processed tires, or tire residuals for storage, processing, recycling, reuse, resale, or energy recovery.

Wide-base Tire or Extra-wide Single Tire means a tire approximately four hundred fifty-five millimeters (455 mm) wide that is used on a motor vehicle in which the front axle load exceeds the load capacity of a truck tire.

§ 8.04 Prohibitions

(a) A person shall not transport, transfer, store, collect, recycle, or otherwise manage processed, used, or waste tires in any manner that may:

(i) Create a nuisance; (ii) Breed or harbor mosquitoes, snakes, insects, rodents, and/or other vectors; (iii) Cause a discharge of any constituents derived from waste tires into the air or waters unless otherwise permitted by the District; or (iv) Create other hazards to the public health, safety, or environment as may be determined by the District.

(b) A person shall not dispose of tires or portions of tires in the District, unless such tires are disposed of for processing, or are collected for processing, at a permitted waste tire processing facility, at a waste tire collection center, or at a permitted solid waste facility authorized to accept waste tires. (c) A person shall not cause or permit the open burning of tires in the District. (d) A person shall not maintain a waste tire site. The owner or operator of any waste tire site shall, provide notification to the Department and the District on a Form TP 1. Individuals responsible for creating illegal waste tire piles or responsible for allowing the stockpiling of waste tires shall be responsible for properly removing and disposing of the waste tires in a manner approved by the District. The owner or operator of any waste tire site shall submit a written plan to the Department for review and approval that specifies a method and time schedule for the removal, disposal, or recycling of the tires. The owner or operator shall implement the approved plan according to the approved schedule.

Subchapter 9 Procedures

§ 9.01 Tire Retailers

§ 9.02 Waste Tire Facilities

§ 9.03 Exemptions

§ 9.04 Waste Tire Collection Centers

§ 9.05 Waste Tire Transporters

§ 9.06 Disposal Fees

§ 9.01 Tire Retailers (a) State Law imposes a fee upon the sale of each new motor vehicle tire sold at retail. The fees shall be charged by the tire retailer to the person who purchases a motor vehicle tire for use on a motor vehicle and not for resale. Such fee shall be added to the total cost to the purchaser at retail after all applicable sales taxes on the tires have been computed and shall be separately stated on the invoice or



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bill of sale. The applicable fees shall be paid monthly to the Director of the Department of Finance and Administration. (b) Each tire retailer engaged in the sale of tires in Benton County shall file a return with the Arkansas Department of Finance and Administration, and provide a copy of the return to the District, on or before the twentieth (20th) of each month, showing the total fees collected for both automobile and truck tires during the preceding calendar month. (c) The tire retailer shall ensure that any used or waste tires collected through the tire retailer‟s business are transported by a licensed waste tire transporter to a permitted waste tire collection center, solid waste management facility, waste tire processing facility, or to a registered used tire dealer within Benton County. This requirement shall also include proper stacking or placement of the tires in collection containers.

§ 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 (a) A permit is not required for a tire retreading business, where fewer than one thousand (1,000) waste tires are kept on the business premises. (b) A permit is not required for a single facility that, in the ordinary course of business, removes tires from motor vehicles, if fewer than one thousand (1,000) waste tires are kept on-site. (c) A permit is not required for a site designated by the District, serving as a waste tire collection center, where fewer than one thousand (1,000) tires are kept on the premises. (d) A person who leases or owns real property may use one thousand (1,000) or less waste tires for soil erosion control and drainage purposes, construction and building material, civil engineering applications or to secure covers over silage, hay, straw or agricultural products after obtaining authorization for such use from both the Department and the District in which the project will be located. Authorization by the Department may include requirements, of the property owner, to:

(i) adequately prevent the tires from becoming a health, safety, and/or fire hazard; and (ii) to secure the tires in the event of flooding or other occurrence so that the tires will remain in place; and to take any other measures deemed necessary by the Department. If more than one thousand (1,000) tires are located on the property, then the Department may require the owner or leaser to meet the general permitting requirements in this regulation. Authorization from the Department and the District in which the project will be located may include alternative end use requirements outlined in this regulation.

§ 9.04 Waste Tire Collection Centers (a) The District shall establish waste tire collection centers within Benton County. The number of waste tire collection centers established shall be outlined in the Solid Waste Management Board's Waste Tire Management Plan. Collection centers shall be located at sites that ensure a maximum travel distance to the site is less than sixty (60) miles from any boundary within the District. Storage capacity of sites must ensure that the needs of the public and tire retailers in the District‟s service area are met sufficiently. (b) Waste tire collection centers shall meet the requirements contained in Regulation 14 for waste tire collection centers. (c) The owner or operator of a waste tire collection center shall record and maintain for one (1) year information regarding their activities, which shall be used to complete Form TP 8 (Waste Tire Collection Center Annual Report) due by March 1 annually to the Department. Records shall be maintained on-site and available for inspection by District personnel during normal business hours.



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(d) A permitted waste tire collection center may collect a maximum of three thousand (3,000) loose tires or a maximum of ten thousand (10,000) compacted and baled tires at the site. Storage shall be in accordance with waste tire storage requirements described in Regulation 14. (e) Access to the facility must be controlled at all times in accordance with the Storage Requirements.

§ 9.05 Waste Tire Transporters (a) A person shall not transport more than twenty-four (24) tires without a waste tire transporter license. (b) A person shall not contract with a waste tire transporter for the transportation of waste, used and/or processing tires unless the transporter has a current transporter license issued by the Department or is exempt from license requirements. (c) No collection center or waste tire facility shall accept more than twenty-four (24) tires from a person who does not possess a valid waste tire transporter license. A waiver may be granted at the District‟s discretion to a person who:

(i) Has applied to ADEQ for the license and can provide documentation to that effect; (ii) Is involved in the remediation of an illegal waste tire site.

§ 9.06 Disposal Fees. (a) An individual resident of the District shall not be charged a fee for discarding four (4) or fewer automobile tires not on rims at a waste tire collection center per month or more often at the discretion of the District. (b) A retail seller (dealer) of tires shall not be charged a fee for discarding, at a waste tire collection center, a number of automobile and truck tires equal to the number of tires for which the retail seller has collected and paid the waste tire fee levied by Arkansas Code A.C.A. ' 8-9-404 et seq A retail seller shall be awarded one (1) tire disposal credit for each waste tire fee paid in to DFA. Retail sellers are required to provide documentation to the District no later than the 20th of each month of the waste tire fee payment submitted to DFA for the previous calendar month‟s tire sales. The District shall maintain a record of the number of tires for which the waste tire fee was submitted and the number of waste tires disposed and the number of remaining tire credits available to the retail seller (dealer). (c) Any state or other governmental entity within this state that is required to purchase tires on state contract may dispose of an equal number of waste automobile and truck tires equal to the number of tires for which they have paid the waste tire fee levied by A.C.A § 8-9-404 et seq., provided that they can show proof that said fee was paid to a retail seller of tires registered with the Arkansas Department of Finance and Administration to collect and pay the waste tire fee levied. Such state or other governmental entity may dispose of said waste tires in a District other than the District in which the waste tires were purchased at retail without being charged any additional fee. (d) A waste tire collection center shall collect an equitable fee, to be established by the District, on all non-fee paid automobile and truck tires. The fee shall be posted for the public. Any fees charged for said tires must not be in excess of the costs of properly removing and disposing of such tires. All fees collected on non-fee paid tires must be submitted to the District at the time the collection center delivers or ships the waste tires for which the fee was collected to the District. (e) If a waste tire collection center accepts large specialty tires, the District shall establish fees for accepting such tires in amounts sufficient to cover the increased disposal costs associated with these types of tires. Any fees charged for said tires must not be in excess of the costs of properly removing and disposing of such tires. All fees collected on large specialty tires must be submitted to the District at the time the collection center delivers or ships the waste tires for which the fee was collected to the District.



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Subchapter 10 Alternative End Uses

§ 10.01 Project Approval.

§ 10.02 Project Proposal Requirements.

§ 10.03 Review Considerations.

§ 10.04 Additional Safeguards.

§ 10.05 Posting of Financial Assurance.

§ 10.06 Exemptions

§ 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: (A) Legal description, address and directions to the proposed site; (B) A map or aerial photograph indicating land use within a one-fourth (1/4) mile radius of the proposed site which shall be of adequate scale to show all residences, structures, surface waters, public and private water supply sources, access roads, historic sites, and other existing man-made features relating to the site; (C) Maps indicating the existence of any regulated wetlands or flood plains on or adjacent to the site; (D) A site plan map that delineates survey boundary locations, the location of existing or proposed access roads, existing buildings and improvements including any staging and storage areas for incoming waste tires, general site topography, and existing and proposed drainage characteristics including any run-on/run-off control systems; (E) A list of the waste tire generator(s) including both name, location and mailing address; (F) Concurrence of the landowner indicating acceptance and responsibility of the waste tires or residuals, and an agreement to indemnify the District and the Department from any future liability resulting from the waste tire alternative end use project; (G) Statement(s) from any local regulatory body having jurisdiction over the project, including planning, building, code enforcement and/or drainage departments that the project complies with applicable regulations; (H) Any applicable environmental permits; (I) Project specifications and details including a description of the proposed application, the quantity of waste tires anticipated to be used in the project, construction methods and materials, construction drawings and details and a project schedule. Additionally, the reason for using tire chips in place of other materials must be substantiated; an explanation shall be provided demonstrating how the engineering properties of these materials will be beneficial to the project; (J) An explanation of how the project will comply with applicable sections of COMMISSION Regulation 14, including storage requirements, fire safety requirements, and waste tire processing requirements.

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



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(A) The level of engineering/technical detail provided as compared to the complexity of the project. Relatively simple uses of the waste tires such as for erosion control may require only a minimum amount of pre-project planning and construction drawing detail. Projects that will use waste tires in a manner that their failure could endanger life or damage property, shall require more engineering effort and detail; therefore, detailed construction drawings and specifications shall be provided that are signed and stamped by a registered professional engineer; (B) Availability (or lack) of more cost effective, efficient, or dependable materials that could be used instead of the waste tires. This factor recognizes that in most cases, cost, efficiency, and dependability are important factors in the selection of materials to incorporate into a project. When waste tires are superior to other materials in these respects, incorporating them into the project is a reasonable alternative – when they are not, the legitimacy of their use cannot be substantiated; (C) The probability of injury or damage should be balanced against the risk of failure; and (D) Where tires are proposed as a substitute for another material, the applicant shall demonstrate that the waste tires will perform in a manner similar to the material for which it is substituted. In addition, if waste tire bales are used as structural members, a demonstration must be submitted showing that the bales exhibit adequate properties to perform as structural members. The demonstration may include previous projects where the baled tire performed satisfactorily under similar conditions, literature describing similar installations, or test data showing that the material meets required performance standards.

§ 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. (A) A person who owns or leases real property may use five hundred (500) or less tires for soil erosion control, drainage improvements, or to secure covers over silage, hay, straw, or agricultural products. (B) The use of shredded waste tires as leachate collection media under solid waste landfills in place of traditional aggregate if the proposed alternative end use is approved during the permitting process or subsequent modifications. (C) The use of shredded waste tires in on-site waste water soil absorption systems in place of traditional aggregate if the shredded waste tires meet Arkansas Department of Health specifications and guidelines. (D) The use of shredded waste tires, baled tires or crumb rubber in road or highway construction projects if alternative end use projects are conducted by, in association with, or under the guidance of the Arkansas Highway & Transportation Department or other roadway authority, as applicable. (E) Suitable processed tire materials may be used in the construction of daily and intermediate cover systems for all landfills if the use is authorized by the Department; shown to not present a threat to human health and the environment; and shown to control disease, vectors, fires, odors, blowing litter, or scavenging.



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Subchapter11 Compliance And Enforcement

§ 11.01 Violations.

§ 11.02 Penalties.

§ 11.03 Enforcement.

§ 11.04 Inspection and Information Gathering.

§ 11.05 Severability.

§ 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.



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CHAPTER D: LICENSING AND REGULATION OF SOLID WASTE HAULERS

Subchapter 12 General

Subchapter 13 Licensing Procedures and Operating Requirements

Subchapter 14 Enforcement and Penalties

Subchapter 15 Waste Hauler Trust Fund

Subchapter 12 General

§12.01 Authority and Purpose

§12.02 Solid Waste Hauler.

§12.03 Scope and Applicability

§12.04 Exemptions

§ 12.01 Authority and Purpose Pursuant to Ark. Code Ann. § 8-6-721, and Commission Regulation 22, the Board is charged 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:

(1) the person is engaged in the collection of solid waste within the district; or (2) is engaged in the transportation of solid waste for disposal or storage in the district.

Unless otherwise indicated, the provisions of this Chapter apply equally to Type I and Type II Haulers as defined in Commission Regulation 22.203(d), and to other hauler designations that may be added by the Commission, from time to time.

§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:

(1) An individual hauling only their own household waste to a permitted facility; (2) The transport of solid waste from an industrial facility to its own Class 3N landfill; or for



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(3) A Solid Waste Management District engaged in the hauling of solid waste within its own district.

Subchapter 13 Licensing Procedures and Operating Requirements

§13.01 License Eligibility

§13.02 Hauler Classifications

§13.03 Financial Responsibility

§13.04 License Term

§13.05 Issuance of License

§13.06 Authority of Executive Director

§13.07 Annual Fees

§13.08 Operating Requirements

§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: (1) Hold the appropriate driver‟s license as defined by Arkansas law; (2) Annually register its operation with the Board providing:

(i) name, address and telephone number of registrant; (ii) description of vehicle(s) to be registered including make, model and year of vehicle, vehicle ID number, license plate number, and name of vehicle owner; and (iii) description of the nature of wastes and size of loads; and the location of disposal of waste;

(3) Establish and maintain financial responsibility acceptable to the Board; (4) Disclose all violations of Federal, State, Local, or District laws, rules, or regulations regarding the collection, transportation or disposal of Solid Waste, within the preceding twelve (12) months; and (5) Provide proof of correction of any violations of Federal, State, Local or District Laws regarding the collection, transportation or disposal of Solid Waste. § Hauler Classifications –

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: (1) A Type I hauler hauls all categories of nonhazardous solid waste as identified in Regulation 22 with the exception of waste tires; (2) A Type II hauler hauls only process waste and special materials as identified in Regulation 22, with the exception of waste tires

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



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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 1st. If said applications are not mailed out by November 1st 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 (a) All persons engaged in the business of collection or transportation of solid wastes within the District must register such business with the District by December 15 each year for the next calendar year‟s license. Applicants for a Solid Waste Hauler‟s license must provide the following information:

(1) Business‟ legal name, mailing address, facility address, telephone number and email address of primary contact;

(2) Name of principal owners and officers; (3) Number of residential and commercial accounts served as of December 1; (4) Names and driver's license numbers of employees providing hauling services; (5) Identify the areas served on county road maps; (6) In addition, each vehicle used in the collection and/or transportation of solid wastes must be

registered and the following information supplied: A description of each vehicle to be registered, including Make, model and year of vehicle, VIN, Current motor vehicle license number, name of vehicle owner, vehicle capacity.

(b) The District shall issue a license to any Solid Waste Hauler who has demonstrated full compliance with this Chapter by submitting the following to the District:

(1) documentation that the applicant meets all of the Licensing Standards set forth in Subchapter 13 of this Chapter; (2) a completed application on a form prescribed by the Board; (3) a Certificate of Insurance demonstrating Financial Responsibility (as defined in § 13.02 of this Chapter) issued in the hauling company‟s name and provided directly to the District by the insurer; (4) the required Annual Fee and any required late fee; (5) a signed authorization allowing the District staff to obtain any and all records, from any solid waste facility which may receive waste from the hauler, related to volume and type of waste disposed by the hauler at the facility during any period of time in which the hauler was operating as a waste hauler in Benton County and assuring that hauler will provide whatever assistance may be needed to facilitate the release of these records.

(c) Licenses are non-transferable and Annual Fees are non-refundable. If a licensed hauler replaces a registered vehicle with another vehicle during the year, the District shall be notified and the vehicle information shall be provided for both vehicles. The hauler shall remove the registration sticker from the disposed vehicle. A new registration sticker shall be required for the new vehicle. If the hauler provides the old sticker to the District, a new one will be issued at one half the original cost for the new vehicle. (d) A solid waste hauler's license issued by the District does not supersede any local government's issuance of an exclusive franchise for hauling within its boundaries.



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§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: (a) A minimum fee of $100.00 is required and will license up to two (2) vehicles. (b) An additional fee of $50.00 per vehicle per year will be assessed for the third and all subsequent vehicles up to a maximum fee of $1,000.00 annually. (c) Fees for new licenses or additional units will be pro-rated based on the number of full months remaining in the calendar year. Haulers licensing after the deadline imposed herein shall be assessed a penalty measured from fourteen (14) days after the due date as follows:

(1)One (1) to sixty (60) days late – twenty-five percent (25%) of the license fee. (2)Sixty-one (61) to ninety (90) days late – fifty percent (50%) of the license fee. (3) Ninety-one (91) days and later – one hundred percent (100%) of the license fee.

Any licensed Solid Waste Hauler who adds an additional vehicle during the calendar year shall have thirty (30) days to register the additional vehicle and pay the additional fee required, if any.

§13.08 Operating Requirements Collection and transportation equipment shall be designed and constructed so as to be leakproof. The waste shall be suitably enclosed or covered so as to prevent roadside littering, attraction of vectors or creation of other nuisances. 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. (a) Solid Waste shall be collected and transported so as to prevent public health hazards, environmental hazards, safety hazards, and nuisances, and shall be kept in a sanitary condition.

(b) Collection and transportation equipment shall be designed and constructed so as to be leak proof. The Solid Waste shall be suitably enclosed or covered so as to prevent roadside littering, attraction of vectors or creation of other nuisances. This means that vehicles must have either: enclosed waste storage areas; or for vehicles with open waste storage areas, such as caged pickups, they must be tarped when traveling in excess of 35 miles per hour. The District shall have the right to inspect and approve or disapprove all vehicles used for Solid Waste collection or transportation within the District.

(c) Collection and transportation vehicles shall be kept in a sanitary condition.

(d) Every unit of collection equipment, container or vehicle utilized by any Solid Waste Hauler such as dumpsters, roll off containers, collection bins and collection vehicles must display both the business name and phone number in letters no less than 4 inches high on at least two sides of the unit.

(e) All solid Waste collected shall be transported only to a Solid Waste Facility that holds all permits and licenses required by appropriate Federal, State, Local, and District laws, rules, and regulations.

(f) Prior to changing the receiving facility for any solid waste from the facility indicated in the licensing application, the Solid Waste Hauler must provide written notification to the District of their intent to change facilities and include the name and location of the proposed new facility. Once District



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staff has received and acknowledged notification, the Hauler may begin delivering waste to the new facility.

(g) All Solid Waste Haulers shall abide by all Federal, State, Local, and District laws, rules, and regulations regarding the collection, transportation and disposal of Solid Waste.

(h) All Solid Waste Haulers within the District shall at all times maintain proof of a current District Solid Waste Hauler‟s license within each vehicle hauling solid waste within the District. A current license decal issued by the District, when placed on the driver‟s side of the windshield, shall be considered adequate proof. Haulers who license more than twenty (20 vehicles, will receive a Fleet License certificate and may meet this requirement by placing a copy of the Fleet License in each vehicle

(i) All waste haulers shall be required to utilize a Pay-As-You-Throw or variable-rate pricing structure which delivers a direct economic incentive to the resident recycle more and to generate less waste. Residents shall be charged for the collection of waste based on the amount they throw away with incrementally increased cost for excess waste. Municipalities shall be required to include a Pay-As-You-Throw or variable-rate pricing structure in all solid waste contracts which become eligible for renewal or negotiation.

(j) Service shall be provided at a minimum once a week. Haulers may alter their normal service schedule during state or national holiday weeks or as a result of inclement weather conditions so long as they provide service to all customers within seven days of the missed collection. Customers should be provided a minimum of two weeks' notice of any known change in collection schedule. If a hauler is unable to provide service for more than two weeks of any month, they shall be required to reduce the customers‟ next service invoice by an amount equal to that portion of the month for which a customer did not receive service.

(k) Haulers are responsible for cleaning up any spills and/or loose trash caused by the hauler.

(l) The District shall establish geographical service areas or zones based on areas of similar population and road miles. Haulers may provide service in any service zone they wish. When licensing, haulers will be required to indicate in which zones they wish to provide service. A hauler who indicates that they provide service in a zone must provide service to any customer within that zone that requests it, unless that hauler can show good cause why they will not provide service to that customer. Good cause may be a history of failing to pay bills or other dispute between the customer and hauler. The location of the customer will not be considered good cause.

(m) Pursuant to A.C.A. § 8-6-606(b), each solid waste hauler who at anytime collects waste generated and transported within the state but disposed of outside the state shall be assessed a fee by ADEQ as follows:

(1).for all solid waste generated and transported within the state but to be disposed of outside the state, there is imposed on each such solid waste transporter a solid waste transportation fee of twenty-five cents (25¢) for each uncompacted cubic yard of solid waste and forty-five cents (45¢) for each compacted cubic yard of solid waste transported.

(2) If a solid waste transporter chooses to operate on a weight basis, the solid waste transporter fee shall be one dollar and fifty cents ($1.50) for each ton of solid waste transported in the state.

These fees are payable directly to ADEQ as outlined in Commission Regulation 22.



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Subchapter 14 Enforcement and Penalties

§14.01 Suspension or Revocation of License

§14.02 Right to Hearing on Suspension or Revocation

§14.03 Operation Without a License - Misdemeanor

§14.04 Civil and Administrative Penalties

§14.05 Right to Hearing on Civil Penalties

§ 14.06 Revocation and Suspension

§14.01 Suspension or Revocation of License Any Solid Waste Hauler License may be suspended or revoked by the 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.

§14.02 Right to Hearing on Suspension or Revocation (a) When the Executive Director determines that a Solid Waste Hauler License is subject to suspension or revocation, the Executive Director shall so notify the licensee in writing, setting forth the basis for such proposed suspension or revocation. (b) Upon receipt of notice of suspension or revocation, a licensee may object and request a hearing before the Board by delivering such request in writing to the District within ten (10) days, setting forth the reasons why the licensee disagrees with the proposed suspension or revocation. (c) If the District receives a request for a hearing on a proposed suspension or revocation as provided in this Subchapter, the Board shall set a hearing date within thirty (30) days of receipt of the request. The licensee shall be allowed a reasonable opportunity to present documents and oral testimony in support of its position. The Executive Director shall present to the Board the reasons for the proposed suspension or revocation. Upon receipt and consideration of evidence and testimony at the hearing, the Board members present shall vote on the proposed suspension or revocation, and a majority vote of those Board members present shall be final. A court reporter shall be present to record the proceedings. Hearings shall otherwise be conducted in accordance with the Administrative Procedure Act. (d) The decision of the Board at the close of any hearing shall be effective immediately upon issuance of a written decision by the Board. In the event no request for a hearing is received by the District within the time prescribed by this Rule, the proposed suspension or revocation shall become final on the day following the date on which a hearing request is due.

§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. Additionally, failure to register may subject the hauler to administrative penalties of not more than five hundred dollars ($500.00) and two points for the first offense and not more than one thousand dollars ($1,000.00) and 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 comply with any other part of this subchapter constitutes a misdemeanor under Ark. Code. Ann. § 8-6-722. Upon conviction the person shall be subject to imprisonment for not more than thirty



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(30) days or a fine of not more than two hundred fifty dollars ($250.00) for the first offense, five hundred dollars ($500.00) for a second offense and one thousand dollars ($1,000.00) for subsequent offenses, or both imprisonment and fine. 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 points for subsequent offenses.

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 points for subsequent offenses.

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) When the Board determines that a Person is subject to civil penalties pursuant to this Section, the Board shall so notify the Person in writing, setting forth the alleged violation and the amount of proposed civil penalty.

(b) Upon receipt of a notice of violation and penalty from the Board, a Person may object and request a hearing before the Board by delivering such request in writing to the District within twenty (20) days, setting forth the reasons why the Person disagrees with the notice of violation and proposed civil penalty.

(c) If the District receives a request for a hearing on a notice of violation and proposed penalty as provided in this Section, the Board shall set a hearing date within thirty (30) days of receipt of the request. The Person shall be allowed a reasonable opportunity to present documents and oral testimony in support of its position. The Executive Director shall present to the Board the basis for the notice of violation and the proposed civil penalty. Upon receipt and consideration of evidence and testimony at the hearing, the Board Members present shall vote on the proposed violation and civil penalty, and a majority vote of those Board Members present shall be final. A court reporter shall be present to record the proceedings. Hearings shall otherwise be conducted in accordance with the Administrative Procedure Act.

(d) The decision of the Board at the close of any hearing shall be effective immediately upon issuance of a written decision by the Board, and payment of the civil penalty shall be due within thirty (30) days of the decision date. In the event no request for a hearing is received by the District within the time prescribed by this Section, the proposed violation and civil penalty shall become final on the day following the date on which a hearing request is due, and payment shall be due within thirty (30) days.

§ 14.06 Revocation and Suspension The District may revoke or suspend a hauler‟s license under the following conditions. (a) The District may suspend a hauler‟s license for six months if they are assessed penalties totaling five points within a twelve month period.



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(b) The District may suspend a hauler‟s license for twelve months if they are assessed penalties totaling ten points within a twelve month period.

(c) The District may permanently revoke a hauler‟s license if they are assessed penalties totaling fifteen points within a twelve month period.

(d) The District may permanently revoke a hauler‟s license if they are suspended for more than twelve months in any thirty-six month period.

Subchapter 15 Waste Hauler Trust Fund

There shall be established on the books of the District a fund to be known as the Waste Hauler Trust Fund. Monies deposited in this fund shall be kept in a separate depository account.

(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.



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CHAPTER E: SOLID WASTE FACILITIES

Subchapter 16 General.

Subchapter 17 Location Restrictions.

Subchapter 18 Operation and Maintenance.

Subchapter 19 Design Standards.

Subchapter 20 Financial Requirements.

Subchapter 21 Compliance and Enforcement.

Subchapter 22 Reserved.




Subchapter 16 General.

§ 16.01 Authority

§ 16.02 Purpose


§ 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 et 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.

Subchapter 17 Location Restrictions.

§ 17.01 Regional Standards

§ 17.02 Watershed Buffers

§ 17.03 Measurement of Distances

§ 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



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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 (a) No Solid Waste Facility shall be located within two (2) miles of the following surface water bodies: Beaver Lake; Lake Francis; Osage Creek; Illinois River; White River; and War Eagle Creek. (b) The water bodies listed in § 17.02(a) shall be defined as those streams as marked and shown on the latest USGS 7.5 minute topographic maps and the lake boundaries existing during normal pool elevation.

§ 1703 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.

Subchapter 18 Operation and Maintenance.

§ 18.01 Enforcement Officer.

§ 18.02 Leachate Collection Reporting.

§ 18.03 Groundwater Monitoring.

§ 18.04 Other Reporting.

§ 18.05 Landfill Personnel

§ 18.01 Enforcement Officer. (a) The District is empowered to employ, or otherwise make available from another agency, an enforcement officer, who shall have access to any open or closed solid waste facility within the District during normal operating hours. (b) The Enforcement Officer shall be provided access to all parts of a facility and all records kept at the facility or at off-site offices. The findings of the Enforcement Officer will be used for District purposes. In addition, a copy of the findings will be provided to ADEQ and to the facility.

§ 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. (a) Every Solid Waste Facility required to sample and test groundwater monitoring wells shall test every such well at least quarterly and incorporate the results of such tests into the statistical analysis required by the ADEQ and/or the U.S. EPA. (b) Every Solid Waste Facility shall sample and test all wells identified in the well inventory required by ADEQ Solid Waste Management Code Section XII, B, 2, before beginning construction of the Facility. Samples shall be tested for all constituents required under 40 C.F.R. Part 258, Appendix I. Copies of all test results shall be provided to the well owner and the District. The District shall maintain copies of the test results at its offices.



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(c) The requirements of this Section shall not apply to landfills in operation as of the effective date of these regulations.

§ 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: (a) A Registered Professional Engineer must be responsible for the construction and operation of any landfill. (b) Solid Waste Facility managers/operators must hold an appropriate Master Level operator‟s license issued by the ADEQ.

Subchapter 19 Design Standards.

§ 19.01 Pre-Construction Design.

§ 19.02 Landfill Design.

§ 19.03 Stormwater Basin Design.

§ 19.04 Compliance

§ 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:

(1) Fracture Trace Analysis from aerial photographs of the proposed site. (2) Detailed surface geologic mapping of the site and the area within one mile of the boundary of the site. The following information must be obtained:

A). The stratigraphy of the study area. B). Structure of the study area.

i) Location of faults including orientation, displacement length and hydraulic characteristics. ii) Fracture spacing and fracture orientation for each stratigraphic unit identified. iii) Location of karst features including, but not limited to, sinkholes, springs, losing and disappearing stream segments, caves (must be mapped within the study area) and dolens.

(3) Subsurface exploration must evaluate the following:

A). Overburden.



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i) Thickness and areal extent of each distinct textural horizon as defined by borings and test pits. ii) Quality of soils (physical properties) must be determined for each stratigraphic or pedologic horizon including Atterburg limits (ASTM D 4318), Sieve analysis and grain size distribution curves (ASTM D 1140 and D 422), Standard penetration tests (ASTM D 1452), Remolded hydraulic conductivity test (ASTM D 5084), In-situ hydraulic conductivity test, Proctor density curves (ASTM D 1557) and Moisture contents (ASTM D 2216). iii) Quantity of soils must be determined by borings and test pits. Borings shall be at a minimum spacing of one per 5 acres. Trackhoe pits shall be at a minimum spacing of one per acre.

B). Bedrock topography. i) Core drilling on at least one hole per 5 acres with analysis of fracture density, fracture orientation and sudden gains or losses of drilling fluid. ii) Geophysical logs of borings including resistivity, conductivity, caliper, natural gamma, acoustic logs, video logs and temperature. iii) Surface geophysical studies are required to evaluate areal changes in soil type, geologic structure, lithology, bedrock topography and prospect for large caverns. Geophysical surveys must be correlated with borings. The proposed geophysical study of the site must include two or more of the following methods: Ground Penetrating Radar; surface conductivity; resistivity; shallow seismic refraction; and, shallow seismic reflection.

C). Hydrogeology. i) Potentiometric surface of the aquifer. ii) Preferred contaminant transport pathways determined by dye traces. iii) Aquifer properties using the following methods: Nested wells to determine vertical hydraulic gradients within the upper aquifer; pump tests using appropriate methodology for the aquifer and using multiple observation wells; and a single well aquifer test. iv) A recommended groundwater monitoring system consisting of wells and springs must be developed. v) Determine water chemistry variability within the uppermost aquifer for the list of Detection Monitoring parameters. At least one year of data must be collected at quarterly intervals to demonstrate seasonal ambient water quality variability.

D). All individual studies must be integrated into a comprehensive geologic and hydrogeologic model of the site which is summarized in a written report. The facility ground water monitoring points must be located based upon the hydrogeologic model developed for the site. All maps and cross sections must be of a uniform scale (the same size as used in the design blueprints - typically 1" = 50' to 1" = 400') and must include the following: Geologic map of the site; boring locations; geophysical lines or data collection points; Potentiometric maps Dye study results; Isopach maps of overburden; Bedrock topography maps (contour interval of 2 feet); Geologic cross sections; and, Percent coarse component soils map.

§ 19.02 Landfill Design. (a) Every Landfill operated within the District shall be designed and constructed with a double composite liner system which consists of, at a minimum, the following: upper and lower composite liners separated by a leachate detection and collection system. Each composite liner shall consist of a flexible membrane liner underlain by a compacted clay liner.



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(b) Every Landfill constructed after the effective date of these regulations must employ a third party engineering firm to insure proper construction of each component of the containment structure and operation of the landfill. The permittee will pay all costs of this control.

§ 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.

Subchapter 20 Reserved



§ 21.02 Penalties.


§ 21.04 Inspection and Information Gathering.


§ 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.



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CHAPTER F: SOLID WASTE ASSESSMENT.

Subchapter 26 Assessment.

Subchapter 27 Procedure.


Subchapter 26 Assessment.

§26.01 Authority

§26.02 Applicable Waste

§26.03 Exemptions

§26.04 Fee Amount

§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:

(i) Related to the district's direct involvement with the district's disposal or treatment; or (ii) That supports the district's management of the solid waste needs of the district.

(1) The board may fix, charge, and collect fees or charges under subdivision (a) (1) (A)(ii) of this section [of Act 209] only if the board:

(i) Employs or otherwise makes available from another agency an enforcement officer to: (a) Enforce all local ordinances, statutes, and regulations for which the district has been previously given enforcement authority regarding solid waste including the Illegal Dump Eradication and Corrective Action Program Act, § 8-6-501 et seq.; and b) Seek to prevent and to identify and eliminate illegal dump sites;

(ii) Has a program for household hazardous waste collection and disposal; and (iii) Has a program for recycling that includes rural areas of the district and the recycling of bulky waste.

(2) The board may fix, charge, and collect fees or charges (3) The board may fix, charge, and collect penalties from entities that fail to timely remit rents, fees, and charges under this section. (4) Solid waste generated within one district and delivered to another district for disposal may be assessed a fee as follows:

(i) Either the district in which the solid waste was generated or a district in which the same solid waste is transported, stored, managed, or disposed may assess the fee; (ii) The fee may be assessed against the generator, transporter, or disposal facility; and (iii) Each ton or cubic yard of waste may be assessed only one (1) fee.

§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: (a) Within or without the district delivered to a landfill or transfer station within the District, regardless of whether the disposal facilities are owned or operated by the district; or (b) Within the district but delivered to a location outside the District.



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§26.03 Exemptions The waste assessment fees shall not apply to: (a) Solid waste generated by private industry if the private industry bears the expense of operating and

maintaining the disposal facility for the waste; or (b) Non-municipal solid waste generated by private industry and shipped to another state for recycling,

treatment, or disposal; (c) Solid waste recycled, used, or generated by steel mills or related facilities classified within

Subsector 331 of the 2007 North American Industrial Classification System, as it existed on January 1, 2011;

(d) recyclable materials that are transported, processed, or marketed for recycling; organic materials that are delivered to a permitted composting facility; (a) Materials that are removed from solid waste and processed for recycling; waste tires processed

through a District‟s waste tire program; or household hazardous waste collected through a district‟s household hazardous waste program.

§26.04 Fee Amount (a) The amount of the fee assessed shall be one dollar and fifty cents ($1.50) per ton of solid waste generated.

(b) However, If weight tickets are not available, the fee shall be calculated on a volume basis at twenty-five cents (25¢) per uncompacted cubic yard or forty-five cents (45¢) per compacted cubic yard.

Subchapter 27 Procedures

§27.01 Fee Collection

§27.02 Estimation of Unreported Fees

§27.03 Quarterly Report Forms

§27.04 Record Keeping and Reporting

§27.05 Payment of Fees

§27.01 Fee Collection (1) The Waste Assessment fee shall be assessed and collected as follows:

(a) Fees for solid waste that is generated or collected within the District and transported outside of the District to a disposal facility located within the State of Arkansas inside the boundaries of another Regional Solid Waste Management District shall be collected by the receiving disposal facility from the person or entity delivering the waste. The receiving disposal facility shall accurately track the tonnage and/or volume of waste received from Benton County and shall submit those fees to the Benton County District as follows: i) If an Interlocal Agreement between the Benton County District and the Receiving District

has been established, the receiving disposal facility shall divide the fees collected on waste received from Benton County between the Benton County District and the Receiving District as outlined in the Interlocal Agreement between the two Districts and shall submit the Benton County District‟s portion of the fees to the Benton County District and submit the Receiving District‟s portion of the fees to the Receiving District.

ii) If no Interlocal Agreement exists between the Benton County District and the Receiving District, the receiving disposal facility shall divide the fees collected on waste received from Benton County evenly between the Benton County District and the Receiving District and shall submit the Benton County District‟s portion of the fees to the Benton County District and submit the Receiving District‟s portion of the fees to the Receiving District. .

iii) If any load is received by the receiving disposal facility which contains waste which has been collected from both Benton County District and another Solid Waste District, those



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loads shall be accurately tracked and one-half of the tonnage and/or volume of these loads shall be recorded as having been received from the Benton County District. Fees collected on this waste shall be submitted to the Benton County District as described above in (a)(i) and (a)(ii).

(b) Fees for solid waste that is generated within the District but transported outside of the District to another state shall be submitted to the Benton County District directly by the hauler that collected the waste. The hauler shall accurately track the tonnage and/or volume of waste collected within Benton County and shall submit those fees to the Benton County District.

(2) Fees shall be due and payable quarterly and shall be based upon solid waste amounts collected or transported during the previous calendar quarter and shall be calculated based upon actual and complete collection records pursuant to the provisions of this regulation. (3) Fees for a newly permitted facility or fees for a new hauler shall begin at the onset of operation. (4)Fees shall be paid to the District quarterly. For all wastes handled during the months of January –March, payment will be due by April 30th. For all wastes handled during the months of April – June, payment will be due by July 30th. For all wastes handled during the months of July – September, payment will be due by October 30th. For all wastes handled during the months of October – December, payment will be due by January 30th.

§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: (1) Projected waste amounts, as defined in a solid waste facility permit or a hauler license; (2) Waste amounts as determined by applying current service area population and per capita solid waste multipliers; (3) Waste amounts as determined by a District audit; or (4) Waste amounts as reflected in previously submitted quarterly reports or in a survey. (5) Waste amounts reflected by any other reasonable means, as determined by the District, to measure or weigh the solid waste.

§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 (a) Adequate Record Keeping

a. The owner, operator or any other responsible party of any permitted solid waste facility and each solid waste hauler or any other responsible party shall establish and maintain adequate records in order to facilitate the reporting process and to assure accurate waste net weight or amounts and fee determinations.

b. At a minimum, each facility or hauler shall have in place a waste ticket system, whereby a ticket is provided to the customer and the facility or hauler retains a duplicate of the ticket.

c. These records shall be maintained on a daily basis, as the solid waste is received, and shall include, at a minimum, the customer name, the type or kind of solid waste, defined herein, received or transported, and the net weight or amounts (compacted and uncompacted) of the waste.



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(b) Fee Determination-Quarterly reports shall relate the total net weight or amounts of solid waste

generated within the District and transported out of the District for disposal. a. Waste net weight or amounts and fee amounts shall be determined utilizing one or more

of the following methods, or another method that has received written approval by the District:

i. If the waste has received any amount of mechanical compaction, such as in the delivery vehicle, the waste amounts on the quarterly report shall be reported in

compacted cubic yards with the respective fee amounts as calculated and as set forth herein;

ii. If the waste has not received any amount of mechanical compaction, such as in the delivery vehicle, the waste amounts on the quarterly report shall be reported in uncompacted cubic yards with the respective fee amounts calculated as set forth herein; or

iii. If the solid waste facility operates on a weight basis, the waste net weight reported on the quarterly report shall be reported in tons with the respective fee amounts calculated as set forth herein.

b. Each solid waste facility permittee or owner, operator or any other responsible party shall provide and maintain an adequate means of recording the amount of waste that is received by the facility, as required under Commission Regulation 22. Such records shall be used by the facility to calculate disposal fees submitted quarterly to the District and shall be available to the District for inspection.

c. Each hauler shall provide and maintain an adequate means of recording the amount of waste that is collected from its customers and transported to a Solid Waste Facility out of District. At a minimum, the hauler retains a copy of each ticket or receipt received from the facility. The ticket received from the facility shall be used by the hauler to calculate disposal fees to be submitted quarterly to the District. Such records shall be available to the District for inspection.

(c) Not Allowed in Fees Calculation - For purposes of the assessment of fees, net weight or

amounts calculations shall be determined on waste upon receipt at a solid waste facility either within the District or outside the District. This prohibits, at the least, the following:

a. Calculating the net weight or amounts for fees after marketable or beneficially reusable materials have been removed from the waste stream;

b. Calculating the net weight or amounts for fees after the waste has been tipped and baled at a solid waste facility;

(d) Quarterly Reporting Dates - Each solid waste facility and each hauler shall submit to the

District on or before January 30, April 30, July 30, and October 30 of each year, a quarterly report which accurately states the total net weight or amounts of solid waste received at or transported to a solid waste facility during the previous quarter.

(e) Determining Vehicle Capacity - For record keeping and reporting purposes, under this

regulation, commercial waste transportation vehicles and trailers, shall be presumed to be full to vehicle capacity upon being received at a solid waste facility gate, unless otherwise demonstrable.

(f) Records Availability - Any records, reports, or information obtained under this regulation and

any permits, permit applications, and related documentation shall be available to the District for inspection and copying during normal business hours, unless otherwise deemed necessary by the District, and any records obtained by the District shall be available to the public for inspection and copying during normal business hours.



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(g) Records Location - The facility owner, operator or any other responsible party shall maintain records at the facility and a hauler or any other responsible party shall maintain records at the quarterly reporting address, unless an alternative location is required and has been requested in writing and approved by the District.

(h) Record Confidentiality - Upon a satisfactory showing to the Executive Director that the

records, reports, permits, documentation, or information, or any part thereof, if made public, would divulge methods, processes, or customer lists entitled to protection as trade secrets, then the Executive Director shall consider, treat, and protect such records, reports, or information as confidential.

(i) Restriction of Confidentiality - As necessary to carry out the provisions of this regulation,

information afforded confidential treatment may be transmitted under a continuing restriction of confidentiality to other officers, employees, or authorized representatives of the District or the State of Arkansas, if the solid waste facility permittee, owner, operator or any other responsible party, or the hauler, or any other responsible party, to which the information pertains is informed at least two (2) weeks prior to the transmittal, and if the information has been acquired by the District under the provisions of this regulation.

§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 (a) In the event a solid waste facility or a hauler permanently ceases receiving or transporting waste, the facility or hauler shall immediately submit a final quarterly report, along with final fee payment, for the quarter during which the facility closed or the facility or hauler stopped operation and shall indicate on the report the final date upon which the landfill or hauler ceased receiving waste. (b) After operations have ceased, a solid waste facility or a hauler may seek a refund of any fee overpayment.

§27.09 Petitioning Board for Review of Fees (a) Petition Filing Any solid waste facility permittee or hauler, who disagrees with the fee amount due, may file a petition for review with the Board within twenty (20) days following the payment or payment due date. The petition must contain:

(1) A statement of the fee amount the solid waste facility permittee or hauler admits is due and payable; (2) A statement of the fee amount the solid waste facility permittee or hauler contests; and (3) Documentation of the amount of solid waste received during the contested payment period including, but not limited to, daily gate or transporting receipts showing the geographic source of waste, the type or kind of waste, and the net weight or amounts of the waste.

(b) Petition Review The Board shall review the petition and make a final determination of the amount of the contested fee. Such notice shall contain:

(1) The name, business address, and permit or hauler billing identification number of the solid waste facility permittee or hauler; and (2) The Board‟s decision and date of decision.

(c) Late Fee Due and Payable



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If the a solid waste facility permittee or a hauler files a petition for review, the full amount of the contested fee and the adjustment the permittee or hauler admits is due and payable shall be paid by the date the petition for review is due. Any late payment charges shall also be due and payable by the date the petition for review is due. (d) Procedures Stayed Upon the filing of a petition for review, the timely payment procedures and late payment charges contained in this regulation are automatically stayed for the amount of the fee which is contested. Payment of the full amount of the fee, as determined by the Board following a petition for review, shall be due within thirty (30) days of issuance of the Board‟s decision and late payment charges shall then begin to accrue on that amount. (e) Petition Determination Notwithstanding the preceding, the filing of a petition for review, which is deemed by the Board to be frivolous and completely without merit, shall not operate as a stay of the timely payment procedures and late payment charges. If the Board determines that the petition for review is frivolous and completely without merit, the notice of the Board‟s decision shall so state. (f) Subsequent Quarterly Fees Filing a petition for review of a fee does not affect the application of the timely payment procedures or late payment charges for any subsequent quarterly fee or adjustment.

§27.09 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.

Subchapter 28 Compliance And Enforcement


§ 28.02 Penalties.

§28.03 Enforcement.

§ 28.04 Audit

§ 28.05 Right of Entry and Access


§ 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 fourteen (14) days after the due date as follows



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Fourteen (14) to sixty (60) days late – twenty-five percent (25%) of the total fee due. Sixty-one (61) to ninety (90) days late – fifty percent (50%) of the total fee due.

Ninety-one (91) days and later – one hundred percent (100%) of total fee due.

§ 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.




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CHAPTER G: RECYCLING ACTIVITIES. Subchapter 29 General. Subchapter 30 Reporting Requirements. Subchapter 31 Compliance and Enforcement. Subchapter 29 General.

§ 29.01 Authority


§ 29.03 Recovered Materials

§ 29.04 Registration Requirement

§ 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:

(a) the applicant's legal name, mailing address, email address and telephone number; (b) the street address as denoted by the local 911 service , legal address and driving directions of

the proposed facility; (c) if the owner of the proposed facility is other than the applicant, include a copy of the rental or

purchase agreement for the facility which contains the property owner‟s legal name, mailing address, email address and telephone number and a copy of the legal instrument giving Applicant the right to use the realty for a recycling activity.

(d) the service areas which the proposed facility will serve; (e) a list of all recyclable or recovered materials to be diverted from the waste stream; (f) the size of the proposed or existing facility and capacity proposed; (g) a written operating plan which establishes methods for compliance with all applicable sections

of Commission Regulation 22.



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Subchapter 30 Reporting Requirements.

§ 30.01 Annual Reporting

§ 30.02 Survey Requirement

§ 30.03 Waste Minimization Report

§ 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 preceding twelve months and documenting the following data:

(a) Amounts of each material recycled by weight and volume; (b) Dates and hours of operation; (c) Attended hours of operation; (d) Educational materials provided or educational system used to promote the program;

§ 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 preceding twelve months.

§ 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



§ 31.02 Penalties.



§ 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.




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These Rules and Regulation shall be effective ten (10) days after filing. Approved By the Board on the 29th day of April, 2011. ATTEST: APPROVAL:

BOARD SECRETARY BOARD CHAIRPERSON

DATE DATE

Signed copy of this document on file in the

District office.

BCRSWMD By-Laws Page 1 of 6

Adopted 03/08/07; Revised 12/17/09

BY-LAWS OF

BENTON COUNTY REGIONAL SOLID WASTE MANAGEMENT DISTRICT

ARTICLE I

Organization

1.01 Name of Organization. The legal name of the organization, hereinafter referred to as the “District”, shall be The Benton County Regional Solid Waste Management District. The organization shall also be known as the Benton County Solid Waste District and as the Benton County Waste Tire District.

1.02. Jurisdictional Boundaries. The Benton County Regional Solid Waste Management District, commonly known as Benton County Solid Waste District, hereinafter referred to as the “District”, shall encompass the county of Benton.

1.03 Period of Duration. The District’s creation by interlocal agreement pursuant to Act 752 of the 1991 Acts of Arkansas, was made effective by notification to the Director of Arkansas Department of Environmental Quality effective January 1, 2005. The District shall continue to exist until dissolved or abolished by the unanimous agreement of the parties to the interlocal agreement or pursuant to a procedure authorized by law.

ARTICLE II

Regional Solid Waste Management District Board

2.01. Governance. The District shall be governed by a regional solid waste

management board, hereinafter called the “Board”.

2.02. Members. The Board shall be composed of the following persons:

(a) One (1) member of the Board appointed by each of the Mayors of each city with a population of 2,000 or more as certified by the most recent U.S. Census or any special census and shall be confirmed by the governing bodies of these cities. Additionally, at the option of the Mayor, one (1) alternate member may be appointed by the Mayor and confirmed by the governing body of the city. The alternate member shall serve as the city’s representative, in the absence of the member, at any regular or special Board meeting and at any Committee meeting. The city shall be allowed only one (1) vote on any issue.

(b) One (1) member of the Board appointed by the County Judge, and confirmed by the Quorum Court of the County, shall serve as delegate for the county government and shall represent citizens residing in all other areas of the county. Additionally, at the option of the County Judge, one (1) alternate member may be appointed by the County Judge and confirmed by the Quorum Court of the County. The alternate member shall serve as the County’s representative, in the absence of the member, at any regular or special Board meeting and at any Committee meeting. The County shall be allowed only one (1) vote on any issue.



(c) Each city certifying a population of 2,000, whether through a regular or special census, shall place a representative on the Board as described in item (a).

(d) At the option of the Board, a representative from a municipality, group or organization within Benton County may be added as an Ex-officio member in order to provide advice and guidance to the Board. Addition of an Ex-Officio Member shall be made by the affirmative vote of two-thirds (2/3) of the entire membership positions of the Board. The Ex-officio representatives shall have no vote during Board meetings but may attend meetings and advise the Board as to matters pertaining to their organization. The Ex-officio representatives may serve on committees and shall have full voting privileges on any committee served on.

2.03 Officers. The Board shall elect a Chairperson, Vice-Chairperson and Secretary annually. Other officers, such as treasurer, may also be elected by the Board as needed. The officers shall be elected from the members of the Board. There shall be no term limits on officer positions.

2.04. Voting.

(a) A majority of the entire membership positions of the Board shall constitute a quorum, whether appearing in person or by proxy. A majority vote of the quorum shall be required for any action of the Board.

(b) No Board member may vote by proxy at more than two (2) meetings in any calendar year.

(c) Notwithstanding Robert’s Rules, the chairman has the privilege of voting as a sitting board member.

ARTICLE III

Purpose, Powers and Duties

3.01. Purpose. To promote and support a high quality of life for the citizens of Benton County by providing a comprehensive, responsive, environmentally-safe, efficient, and cost-effective solid waste management program through the operation and over-sight of an integrated solid waste management system focused on aggressive reduction, reuse and recycling programs and proper disposal of all other solid waste materials.

3.02. Vision. To be recognized and respected as an innovative leader in the pursuit of sustainable, cost effective and environmentally-safe solid waste management programs and services.

3.03. Powers and duties. The Board shall have those duties and powers as set forth in Act 752 of 1991 (Codified at A.C.A. 8-6-704) and set out herein below.

(a) The Board shall have the following powers and duties:



1) To collect data, study, and initially evaluate the solid waste management needs of all localities within the district, as provided in 8-6-716, and to publish their findings as a regional needs assessment;

2) To evaluate on a continuous basis the solid waste needs of the district and thereby update the regional needs assessments at least biennially;

3) To formulate recommendations to all local governments within the district on solid waste management issues and to formulate plans for providing adequate solid waste management;

4) To issue or deny certificates of need to any applicant for a solid waste disposal facility permit within the district with the exception of permits for landfills when 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;

5) To petition the Arkansas Pollution Control and Ecology Commission or the Director of the Arkansas Department of Environmental Quality to issue, continue in effect, revoke, modify, or deny any permit for noncompliance with the solid waste management plan of the district;

6) To adopt such rules or regulations pursuant to the Arkansas Administrative Procedure Act, 25-15-201 et seq., as are reasonably necessary to assure public notice and participation in any findings or rulings of the board and to administer the duties of the board;

7) To establish programs to encourage recycling;

8) To adopt official seals and alter them at pleasure;

9) To maintain offices at such places as they may determine;

10) To sue and be sued in its own name and to plead and be impleaded;

11) To make and execute contracts and other instruments necessary or convenient in the exercise of the powers and functions of the district, including, but not limited to, entering into contracts and agreements with private entities for provision of services;

12) To carry out all other powers and duties conferred by the State of Arkansas;

13) To enter into agreements with another solid waste management district to allow one district to transfer solid waste to another district. This will only be allowed if a solid waste district has no legally permitted landfill which can accept its solid waste.

(b) The regional solid waste management boards may:

1) Apply for such permits, licenses, certificates, or approvals as may be necessary to construct, maintain, and operate any portion of a solid waste



management system and to obtain, hold, and use licenses, permits, certificates, or approvals in the same manner as any other person or operating unit of any other person;

2) Employ such engineers, architects, attorneys, real estate counselors, appraisers, financial advisors, and other consultants and employees as may be required in the judgment of the district and fix and pay their compensation from funds available to the district therefore; and

3) Purchase all kinds of insurance, including, but not limited to, insurance against tort liability, business interruption, and risks of damage to property.

ARTICLE IV

Meetings and Records

4.01 Open Meetings. Arkansas Code Ann. § 25-19-106 provides for open “public” meetings for governing bodies of all boards, bureaus, commissions, or organizations of the State of Arkansas which are supported wholly or in part by public funds or expending public funds. District Board meetings shall be open to any person who wishes to attend.

4.02 Rules of Order. All Board meetings shall be conducted according to Robert’s Rules of Order.

4.03 Schedule of Meetings. The Board shall hold regularly scheduled meetings no less than four times per year with at least one meeting per calendar quarter. Regular meetings may be scheduled on a more frequent basis by consensus of the Board.

Special or emergency meetings may be called by the Chairperson of the Board or any three board members as needed. Committee meetings may be called by the Chairperson of the Committee as needed.

4.04 Notice of Meetings. Notice of regularly scheduled meeting dates, times, locations, agenda and supporting documents shall be provided at least seven days in advance of the meeting. The District Director’s notification to Board members of a meeting shall be made by personal service, by telephone, or by e-mail (provided acknowledgment of receipt is given), and shall specify the time and place of the meeting, and the specific purpose for which it is being called. Notice of committee meetings, special meetings or emergency meetings shall be provided at least two hours in advance of the meeting. Notice of all meetings shall be made to Board members, alternate members, ex-officio members, media contacts and citizens or others who request notice of such.

4.05 Meeting Agendas. Any Board member may suggest an agenda item for any meeting by providing notice to the District Director at least two weeks prior to the meeting date. District staff shall provide a draft agenda along with the notice for each meeting. The Board may amend the draft agenda by consensus at the beginning of any meeting.



4.06 Remote or Electronic Meetings. The Chairperson of the Board is authorized to initiate remote and/or electronic meetings as needed. A majority of the entire membership positions of the Board shall constitute a quorum for remote and/or electronic meetings, whether participating personally or by proxy. A majority vote of the quorum shall be required for any action of the Board.

4.07 Executive Sessions. The only time the Board may meet and exclude the media and the public is in executive session. Executive sessions are permitted only for the purpose of considering employment, appointment, promotion, demotion, disciplinary action or resignation of any public officer or employee, or as otherwise provided by law. This may not include general discussion about making policies related to these subjects.

An executive session may be convened on the request of any member of the Board or the Chairman, but shall be preceded by an announcement made in public as to the general reason for which the session is to be held.

Action discussed in executive session shall become legal only after the Board ratifies the action with a public vote in open session.

4.08 Records. Minutes of each meeting shall be recorded, either electronically or by

hand, and an official transcript of the minutes shall be prepared by District staff and presented for review to the Board or appropriate committee within three business days after the date of the meeting. The Board Secretary shall certify all minutes from Board meetings following approval of the transcript by the Board. The Committee Chairperson shall certify all minutes from that committee

ARTICLE V

Dues

5.01 Dues. Each member entity shall pay to the District an annual Local Contribution equal to $0.50 per capita based on the population figures from the most recent U.S. Census or any special census.

ARTICLE VI

Fiscal Year

6.01 Fiscal Year. The District shall operate on the calendar year.

ARTICLE VII

General provisions

7.01. Amendment of By-laws. These By-laws may be altered, amended, or repealed at any meeting of the Board at which a quorum is present, by the affirmative vote of two-thirds (2/3) of the entire membership positions of the Board, provided notice of the proposed alteration, amendment, or repeal is contained in the notice of the meeting.

7.02 Construction. If any portion of these by-laws shall be invalid or inoperative, so as is reasonable and possible:



(a) The remainder of these by-laws shall be considered valid and operative; and

(b) Effect shall be given to the intent manifested by the portion held invalid or inoperative.

Approved by the Board on the 17th day of December, 2009 ATTEST: APPROVAL:

Board Secretary Board Chairman

DATE DATE

Signed Copy on file in District Office


BCRSWMD 2011 Solid Waste Plan Appendix 3: Board and Staff

Appendix 3 District Board

And Staff



Benton County

Ms. Belva Plumlee 3295 Brandy Lane Springdale, AR 72762 Phone: (479) 248-1103 Phone: (479) 427-9161 Email: [email protected]

City of Bella Vista

Mayor Frank Anderson P O Box 5655 Bella Vista AR 72714 Phone: (479) 876-1255 Fax: (479) 876-1734 Email: [email protected]

City of Bentonville

Mr. Mike Bender 117 West Central, Bentonville, AR 72712 Phone: (479) 271-6720 Fax: (479) 271-6807 Email: [email protected]

City of Bethel Heights

Mayor Jeff Hutcheson 530 Sunrise Drive Bethel Heights, AR 72764 Phone: (479) 751-7481 X 25 Fax: (479) 750-1698 Email: [email protected]

City of Centerton

Mayor Bill Edwards P O Box 208 Centerton AR 72719 Phone: (479) 795-2750 Fax: (479) 795-2545 Email: [email protected]

City of Gentry

Mayor Kevin D. Johnston 101 West Main Street Gentry AR 72734 Phone: (479) 736-2555 Fax: (479) 736-2877 Email: [email protected]

City of Gravette

Mayor Byron Warren 604 First Ave. SE

Gravette, AR 72736 Phone: (479) 787-5368 Fax: (479) 787-5018 Email: [email protected]

City of Little Flock

Mayor Buddy Blue 1500 Little Flock Drive Rogers AR 72756 Phone: (479) 636-2081 Fax: (479) 636-2318 Email: [email protected]

City of Lowell

Mr. Shawn Ingram P O Box 979 Lowell, AR 72745 Phone: (479) 770-2185 X 232 Email: [email protected]

City of Pea Ridge

Mayor Jackie Crabtree P O Box 29 Pea Ridge, AR 72751 Phone: (479) 451-1102 Fax: (479) 451-1681 Email: [email protected]

City of Rogers

Mayor Greg Hines 301 W. Chestnut Rogers AR 72756 Phone: (479) 621-1117 Fax: (479) Email: [email protected]

City of Siloam Springs

Mr. Don Tennison P O Box 80 Siloam Springs, AR 72761 Phone: (479) 524-8512 Fax: (479) 238-0997 Email: [email protected]

EX-OFFICIO MEMBER

Farm Bureau: Vacant

mailto:[email protected]
















DIRECTOR

Wendy Cravens

Ofc: (479) 795-0751

Cell: (479) 366-9368

[email protected]

OPERATIONS MANAGER

Jeff Brenaman

Ofc: (479) 795-0751

Cell: (479) 366-3946

[email protected]

TIRE OPERATOR I

Processes tires

TIRE OPERATOR II

Temporary laborer

Truck driver

RECYCLING

OPERATOR I

Temporary laborer

Sorts and processes material

RECYCLING

OPERATOR II

Recycling Route Driver


BCRSWMD 2011 Solid Waste Plan Update Appendix 4: Financial Information

Appendix 4 2010 Financial

Information



FINANCIAL REPORTS ATTACHED TO APPENDIX

General Fund 2010 Profit and Loss Statement

Tire Fund 2010 Profit and Loss Statement

Recycling Grant 2010 Profit and Loss Statement Section 2.103(A)

REVENUE

Fiscal Year 2010

Revenue Type Legal Authority 2010 Total Receipts Percentage

Recycling Grants PC&E Regulation 11 93,157.00 15%

Local Contributions District Resolution 2005-02 148,706.84 23%

Miscellaneous Income Service Fees, etc. 12,855.95 2%

Recyclables Not applicable 86,140.47 13%

Surplus Not applicable 4,224.09 1%

Waste Assessment Act 209 of 2011 68,770.75 11%

Tire Management Grants PC&E Regulation 14 181,400.00 28%

Tire District Surplus Not applicable 2,313.61 <1%

Tire Disposal Fees PC&E Regulation 14 27,200.00 4%

Trailer Rental Not applicable 8,800.00 1%

Used Tires Not applicable 5,473.00 1%

Totals

$639,041.71 100%

SOLID WASTE SERVICES SUPPORTED BY REVENUES

Planning and administration of solid waste programs, grants, hauler licensing, and waste tire management

Technical assistance to local governments, citizens and industry regarding waste reduction and recycling programs, waste collection and disposal options

Collection of recyclable materials from non-profits and schools

Rural recycling drop-off locations in Cave Springs, Decatur, Garfield, Gravette and Pea Ridge

Glass and cardboard collection at Bentonville Composting Facility

Solid waste educational presentations

Bulky Waste collection and recycling program

Electronic collection and recycling program

Household hazardous waste collection events

Waste hauler referral service

Waste stream audits

Partnership with County to investigate illegal dumping, illegal burning and litter complaints



Section 2.103 Solid Waste Services provided from Revenues

City Waste Hauler Source of Revenue

SERVICES PROVIDED Waste

Collection Recycling Collection

Bulky Collection

Yard Waste Collection

Avoca Deffenbaugh Subscriber fee Yes Yes Yes No

Bella Vista Allied Services Subscriber fee Yes Yes Yes Yes

Bentonville Allied Services Subscriber fee Yes Yes Yes Yes

Bethel Hghts Deffenbaugh Subscriber fee Yes Yes Yes Yes

Cave Sprgs Deffenbaugh Subscriber fee Yes Yes Yes Yes

Centerton Waste Management Subscriber fee Yes Yes Yes Yes

Decatur Deffenbaugh Subscriber fee Yes Yes Yes No

Garfield Deffenbaugh Subscriber fee Yes Yes Yes No

Gateway Southwest Sanitation Subscriber fee Yes No No No

Gentry Allied Services Subscriber fee Yes Yes‡ Yes Yes

Gravette Deffenbaugh Subscriber fee Yes Yes‡ No No

Highfill Deffenbaugh Subscriber fee Yes Yes No No

Little Flock Open Market Subscriber fee Yes No No No

Lowell Deffenbaugh Subscriber fee Yes Yes Yes Yes

Pea Ridge Open Market Subscriber fee Yes No No No

Rogers Inland Service Subscriber fee Yes Yes Yes Yes

Siloam Sprgs City Subscriber fee Yes Yes Yes Yes

Springdale Waste Management Subscriber fee Yes Yes Yes Yes

Springtown Deffenbaugh Subscriber fee Yes No No No

Sulphur Sprgs Allied Services Subscriber fee Yes No No No

Base subscriber fee typically includes only waste collection. Often additional services require additional subscription fees.

‡ Drop off location provided by City and/or partnerships

12:53 PM

05/23/11

Accrual Basis


Profit & Loss January through December 2010

Jan - Dec 10

Ordinary Income/Expense

Income

Grant Funds 93,157.00

Local Contributions 148,706.84

Miscellaneous Income

Bulky Waste

Electronics 4,283.71

Refrigerant Recycling 633.17

Trash 1,203.31

Bulky Waste - Other -0.01

Total Bulky Waste 6,120.18

Collection 635.00

Hauler License Fees 6,166.33

Miscellaneous Income - Other 41.50

Total Miscellaneous Income 12,963.01

Recyclables 90,224.62

Surplus Equipment 4,224.09

Waste Assessment 68,770.75

Total Income 418,046.31

Expense

Capital Expenditures

Debt Service

Equipment Loan 15,948.52

Facility Bond 35,847.28

Total Debt Service 51,795.80

Total Capital Expenditures 51,795.80

Operating and Maintenance

Advertising 541.60

Automobile Licenses 43.50

Bank Charges 482.99

Board Expenses 86.33

Contract Service

HHW 45,097.96

Specialty Services 869.33

Total Contract Service 45,967.29

Dues/Memberships/Subscriptions 835.00

Education 224.38

Fuel, Oil & Lubricants 14,812.89

Insurance 13,000.00

Page 1 of 3

12:53 PM

05/23/11

Accrual Basis



Jan - Dec 10

Meals for Inmate Crew 1,343.93

Office Supplies 1,606.54

Permits 200.00

Postage 475.03

Printing and Reproduction 857.67

Professional Services

Accounting 19,172.84

Legal fees 14,103.81

Office Cleaning 2,405.00

Recycling Study 18,461.34

Professional Services - Other 3,308.85

Total Professional Services 57,451.84

Rental 2,270.57

Repairs and Maintenance

Building R & M 1,142.67

Equipment Repair & Maintainance 3,193.86

Vehicle Repair & Maintainance 3,891.20

Total Repairs and Maintenance 8,227.73

Small Equipment 2,021.67

Supplies 7,977.07

Taxes 105.91

Tires 1,613.47

Training & Travel

Airfare / Transportation 625.29

Lodging 713.98

Meals / Per Diems for Staff 58.78

Mileage 638.17

Training Cost 699.90

Total Training & Travel 2,736.12

Utilities

Electric 4,002.38

Internet 565.34

Propane 2,811.34

Telephones 5,523.33

Water 2,056.09

Total Utilities 14,958.48

Waste Disposal 11,767.79

Total Operating and Maintenance 189,607.80

Personnel Expenses

Employee Licenses 125.00

Page 2 of 3

12:53 PM

05/23/11

Accrual Basis



Jan - Dec 10

Employer Taxes & Contributions 45,111.84

Salaries

Temporary Services 26,077.65

Salaries - Other 138,800.80

Total Salaries 164,878.45

Workers Comp 4,573.40

Total Personnel Expenses 214,688.69

Recycling Fund Reimbursable

Reimbursable-Lake Cleanup 0.00

Recycling Fund Reimbursable - Other 185.30

Total Recycling Fund Reimbursable 185.30

Reimbursable-Mobile Ed Fund 30.47

SWANA IB Reimbursable 0.00

Tire District Reimbursables

TD Income 0.00

TD O & M Expense

TD Fuel 0.00

TD O & M Expense - Other 45.53

Total TD O & M Expense 45.53

Total Tire District Reimbursables 45.53

Transfers

Transfer from Recycling Fund -55,700.00

Transfer to Tire Fund 35,000.00

Total Transfers -20,700.00

Total Expense 435,653.59

Net Ordinary Income -17,607.28

Net Income -17,607.28

Page 3 of 3

Jan - Dec 10

Ordinary Income/ExpenseIncome

Management GrantQuarterly Mgmt Grants 126,606.00Truck Tire Grant 4,045.73

Total Management Grant 130,651.73

Sale of Surplus Equipment 2,313.61Tire Disposal Fees 27,422.09Tire Trailer Rental 8,807.52Used Tires 6,161.60


ExpenseAdministrative Expenses

Office Supplies 82.00Office Utilites

Telephones 8.44

Total Office Utilites 8.44

Professional Services 1,035.00

Total Administrative Expenses 1,125.44

Capital ExpensesDebt Service

Trailer Loan 20,897.16

Total Debt Service 20,897.16

Total Capital Expenses 20,897.16

Operating & Maintenance BudgetAdvertising 27.60Bank Charges 349.52Collection Centers 1,412.60Fuel, Oil & Lubricants 20,125.96Insurance 3,100.00Rental 45,489.31Repairs and Maintenance

EquipmentBaler 124.73Bob Cat 365.64Other Eqmt 1,253.35Trailers 701.77Volvo 131.54

Total Equipment 2,577.03

Total Repairs and Maintenance 2,577.03

Small Equipment 960.44Supplies 2,072.00Tipping Fees 101,893.01Tires 6,313.29Toll Fees 1,933.67Training/Travel Expense

Per Diems 152.00Training/Travel Expense - Other 234.00

Total Training/Travel Expense 386.00

Uniforms 125.00

Total Operating & Maintenance Budget 186,765.43

Personnel ExpensesEmployee Licenses 50.00Employer Taxes & Contributions 8,323.19

12:51 PM Benton County Waste Tire District05/23/11 Profit & LossAccrual Basis January through December 2010

Page 1

Jan - Dec 10

SalariesStaff 32,605.54Temporary Services 37,829.60

Total Salaries 70,435.14

Worker's Comp 475.64

Total Personnel Expenses 79,283.97

Sales Tax -339.91SWD Reimbursable

SWD Fuel 492.41SWD Reimbursable - Other 75.12

Total SWD Reimbursable 567.53



Other Income/ExpenseOther Income

Operating Loans from GF 35,000.00

Total Other Income 35,000.00

Net Other Income 35,000.00


12:51 PM Benton County Waste Tire District05/23/11 Profit & LossAccrual Basis January through December 2010

Page 2

Jan - Dec 10

Ordinary Income/ExpenseIncome

Beaver Lake Cleanup Grants 2,000.00


ExpenseBeaver Lake Cleanup Expenses 585.39E-WEN Grant 2009 5,450.00Recycling Grant Expenditures

Bella VistaBCO 05-09 Truck 19,474.00

Total Bella Vista 19,474.00

RogersBCO 06 09 34,268.66

Total Rogers 34,268.66

Siloam SpringsBCO 07-09-EXPENDED 1,500.00BCO 08-09 EXPENDED 18,000.00BCO 09-09 EXPENDED 1,593.25

Total Siloam Springs 21,093.25

Solid Waste DistrictBCO 01 06-EXPENDED 0.20BCO 02 08-Truck 14.29BCO 03 05-EXPENDED 5,210.48BCO 03 07 Needs Assmt 24,300.00BCO 03 08 EXPENDED 1.00BCO 03 09-Tour 5,332.92BCO 04 08-Equipment 9,324.96BCO 04 09 - Event Recycling 11,475.40BCO 10 09 - Misc. 363.25BCO 50 04 from TCO 07-04 166.00Solid Waste District - Other 0.00

Total Solid Waste District 56,188.50

Total Recycling Grant Expenditures 131,024.41

Transfers interfund 65,700.00




12:59 PM Benton County Solid Waste District05/23/11 Profit & LossAccrual Basis January through December 2010

Page 1


Appendix 5: Jurisdictional Map

Appendix 5 Jurisdictional Map


Appendix 5: Jurisdictional Map

BENTON COUNTY, ARKANSAS


BCRSWD 2011 Solid Waste Plan Appendix 6: Facility Capacity, Waste Hauler List and Disposal Locations

Appendix 6 Facility Capacity, Waste Hauler List

& Disposal Locations



2.104 (E.4) Facility Capacity

Transfer Stations Permit # Permitted Annual

Tonnage

Pending Modification to Capacity

2010 Tonnage Reported

Remaining Capacity

Permit Issued

American Disposal/Bella Vista Transfer Station 0051-STSW-MC 15600 78000 50245 27912.62 1/11/2008

Deffenbaugh of Arkansas, LLC 0101-STSW 93600 64000 29600 3/16/2011

WM of AR, LLC - Rogers Transfer Station 0025-STSW-SC 5200 646 4554 1/7/2008

Siloam Springs 0102-STSW 25000 35000 26736.24 8263.76 4/29/2008

Class 3 Landfill Permitted Capacity

Flint Creek Power Plant Landfill 0273-S3N-R1 1,556,000 cubic yards 7/9/2010

Waste Tire Processing Facility Permitted Capacity 10/27/2009

Benton County Waste Tire District 0023-SWTP 96,000

Composting Facility Permitted Capacity

Bentonville Type O Composting Facility 0297-SC 1,176 dry tons per year 6/18/2009

Proposed Annual Tonnage

B & D Litter Service Type O Composting Facility 0317-SC (pending) 60000 N/A

Construction & Demolition Debris MRF Proposed Annual

Tonnage

Energy source, LLC 0316-SCDR (pending) 13000 N/A



2011 LICENSED WASTE HAULERS FOR BENTON COUNTY (as of May 19, 2011)

Name Name Address Name Contact Name Phone #

Allied Waste Svcs / Republic Svcs 18500 N Allied Way Phoenix AZ 85054 Don Cartwright (620) 783-5841

Courtesy Services P O Box 1057 Farmington Ar 72730-1057 Larry & Paulette (479) 846-3607

DNA Trash Service PO Box 1162 Springdale AR 72745 Don Stockwell (479) 770-6063

Deffenbaugh ROS Aq, LLC

PO Box 3374, Shawnee, KS 66203

Mindy Becker

(479) 872-9098

First Class Trash Service 13811 Gailey Hollow Rd Siloam Springs, AR 72761 John Carter (479) 736-0363

Imagination Sanitation 711 N. Wright Street Siloam Springs AR 72761 Rick Stockwell 479.549.3235

Inland Service Corporation 8084 E Gore Blvd Lawton, OK 73501-9791 (580) 353-4556

Marck Industries, Inc. P O Box 912 Cassville, MO 65625 Mark Speakman 4178475900

MNH Trash Service and Special Hauls P O Box 14 Huntsville AR 72740 Amanda Stockwell 4792159309

Murray's Trash Service 15716 Greasy Valley Road Prairie Grove AR 72753 Bill Murray (479) 848-3701

Phillips Trash Service LLC 12222 High Sky Inn Road Hindsville AR 72738 Judy Reeves (479) 789-5690

Rick's Disposal Service 2222 Madison 6555 Huntsville AR 72740 Ricky or Barbara Smith (479) 790-2176

Southwest Sanitation P O Box 287 Pineville MO 64856-0287 Eddie/Shannon Gravette 417.223.7143

T & G Trash Services P O Box 672 Rogers AR 72757-0672 Teresa Gregory (479) 656-3728

Threet Waste Management P O Box 223 Tontitown, AR 72770 Gabby Bagley 479.200.9533

Waste Management Waste Management P O Box 3027 Houston TX 77253 Kevin Gardner (479) 361-4223

DISPOSAL LOCATIONS

Waste Management Eco-Vista Landfill, Tontitown, AR

Cherokee Landfill, Sallisaw, OK

Covanta Waste to Energy Plant, Tulsa, OK

Allied Waste/Republic Services Landfill, Galena KS


BCRSWMD 2011 Solid Waste Plan Appendix 7: Recycling & Waste Reduction Projects

Appendix 7 Recycling and

Waste Reduction Projects



District Recycling Services

Recyclable Materials Collection Centers Staffed Centers These centers have staff available during normal business hours to assist with your recycling. Days and hours of operation may vary so contact your local center for specific information. Bella Vista AARP Chapter 109 400 Pinion Bluff Dr. (479) 876-5343

CentertonBenton County Recycling Center 5702 Brookside Road (479) 795-0751

Rogers Rogers Community Recycling Center 315 W. Olive (479) 621-1185

Siloam SpringsSiloam Springs Recycling & Transfer Station 1008 E. Ashley (479) 524-8512

Rural Recycling Drop-off Sites The District provides recycling drop-off sites, available 24-hours per day, for citizens in several rural areas.

Cave Springs: On Hwy 112 next to Fire Station Decatur: Behind Decatur City Hall at 310 Maple Avenue

Garfield: On Wimpy Jones Rd at Road Dept Facility Pea Ridge: Emergency Services Building parking lot on Hwy 94 near intersection with Hwy 72

Gravette: On Hwy 59 next to Police Station A Drop-off site for glass and cardboard only is also located at the Bentonville Composting Facility, 2000 NW A St., Bentonville. **Open hours of operation of the Composting Facility. Recycling Drive The District provides a monthly recycling drive at the Wal-Mart ISD Building on the 1st Friday of every month from 6:30 a.m. to 8:30 a.m. Convenience Center The County Convenience Center accepts household electronics, appliances, scrap metal and waste tires for recycling each Saturday from 8:00 a.m. to 4:00 p.m. School and Non-Profit Recycling Collection Program- The District provides collection of recyclable materials from schools and non-profit agencies within a limited service area.



Municipality Recycling Programs Curbside Recycling is offered in the following municipalities: Avoca Bella Vista Bentonville Bethel Hghts Cave Sprgs Centerton Decatur Garfield Highfill Lowell Rogers Siloam Sprgs Springdale Gentry Gravette

Composting Facilities: CITY OF BENTONVILLE COMPOSTING FACILITY 2000 NORTHWEST A STREET BENTONVILLE, AR 72712 CITY OF ROGERS COMPOSTING PROGRAM N ARKANSAS STREET ROGERS, AR 72756 Municipality Yard Waste Programs Curbside yard waste collection is offered in the following municipalities: Bella Vista Bentonville Bethel Hghts Cave Sprgs Centerton Gentry Lowell Rogers Siloam Sprgs Springdale



WASTE REDUCTION PROJECTS AND PROGRAMS

BUILDING MATERIALS

Habitat for Humanity Harvest Project Partnership between District and Habitat for Humanity of Benton County - seeks to recover usable building materials and fixtures for reuse prior to structure demolition

Habitat for Humanity Re-store 908 21st St., Bentonville (479) 273-3638 Accepts donations of new and good quality used building materials including: Doors, electrical fixtures, lumbers, windows, cabinets, appliances, roofing, plumbing, paint, carpet, tile, etc.

CLOTHING AND HOUSEHOLD GOODS

Bella Vista Goodwill, 20 Sugar Creek Ctr (479) 855-8770

Bentonville Goodwill, 1400 S. Walton Blvd. (479) 876-8055 Helping Hands, 1004 NW 11th (479) 273-2511

Rogers Homestead Antique Mall & Flea, 3223 W Hudson Rd (479) 631-9003 NWA Women’s Shelter Thrift Store, 1639 N Arkansas St (479) 621-6116 Rogers Samaritan Thrift Store, 100 N Dixieland Rd (479) 246-1060 Salvation Army Thrift Store, 102 N 24th (479) 631-6972

Siloam Springs New Beginnings Thrift Store, 321 W Tulsa St (479) 549-3781 Salvation Army Thrift Store, 1029 S Maxwell (479) 524-6091



PUBLIC RECYCLING ACTIVITY SURVEYS (JULY 1, 2009 THRU JUNE 30, 2010) FOR:

BENTON COUNTY SOLID WASTE DISTRICT

CITY OF BELLA VISTA / A.A.R.P. FOUNDATION

CITY OF BENTONVILLE COMPOSTING FACILITY

CITY OF CAVE SPRINGS

CITY OF ROGERS

CITY OF SILOAM SPRINGS


BCRSWMD 2011 Solid Waste Plan Appendix 8: Education and Public Awareness

Appendix 8 Education and

Public Awareness


BCRSWMD 2011 Solid Waste Plan Appendix 8: Education and Public Awareness

2010 Solid Waste Education Programs

Name of organization/sponsor

County or city Address Phone number

Target participants Description of activities

Lingle Middle School Rogers 901 North 13th Street (479) 631-3590 5th grade

Outdoor School session on vermi-composting

Lowell Elementary Lowell 202 McClure (479) 631-3610 4th grade Red ribbon presentations on

Northside Elementary School Rogers 807 North 6th Street (479) 631-3650 Kindergarten Presentation on recycling and reuse

R.E. Baker Elementary Bentonville 301 NW 3rd St (479) 254-5720 4th grade Earth Day event booth on recycling, reuse

Rogers Activity Center Rogers 315 West Olive St (479) 631-0336 1st thru 6th Summer Intersession presentation on recycled art.

Waste Management Tontitown 1041 Arbor Acres Ave (479) 361-4233 4th grade

Earth Day Festival booth on reuse/reduction

Solid Waste District Centerton 5702 Brookside Rd (479) 795-0751 All ages

Publish annual update to Recycling and Disposal Guide and distribute throughout District


BCRSWD 2011 Solid Waste Plan Appendix 10: Illegal Disposal

Appendix 10

Illegal Disposal


BCRSWD 2011 Solid Waste Plan Appendix 10: Illegal Disposal

Known Illegal Dump Sites

Known Waste Tire Sites Abated in 2010

Known Waste Tire Sites

[Site where one thousand (1,000) or more unpermitted used or waste tires are accumulated in the outdoors]

Location Urgency Potential

Risk Number of tires

Type(s) of Tires

Cleanup Cost

Abatement Grant

Elimination Timeline

Comment [MSOffice1]: PENDING INFO FROM ENVIRONMENTAL ENFORCEMENT OFFICE

Benton County Solid Waste District 5702 Brookside Road Bentonville, AR 72712 Office: (479) 795-0751

Fax: (479) 795-0752 Toll free: (888) 831-6462

Website: www.bcswd.com

Benton County

THIS GUIDE PROVIDES INFORMATION ON:

Recycling Centers and Drop-off Sites Waste Reduction and Reuse Options Household Waste Disposal Options Bulky Waste Disposal and Recycling Household Hazardous Waste Program Green Waste Disposal Options Waste Tire Disposal

HOUSEHOLD RECYCLING AND DISPOSAL GUIDE

Version 05.11

Integrated Solid Waste Management The Benton County Solid Waste District promotes an integrated approach to safely and effectively manage solid waste. This approach focuses on:

Reducing the amount of solid waste generated Repairing and reusing items and materials Recycling waste materials when possible Composting organic materials Properly disposing of all other materials

Printed on recycled paper with 30% post-consumer content.

A service of:

What is Recycling? Recycling is a process through which waste materials can be manufactured into reusable forms. Recycling saves energy and reduces pollution by reducing the need for virgin resources. The purchase of recycled products is the final step in the recycling process.

DON’T CONTAMINATE

THOSE RECYCLABLES! No matter where or how you recycle, you’ll need to take steps to keep the material as clean and

dry as possible. Contamination of recyclables (such as improperly sorted materials, wet or unclean materials, etc.) may cause a portion of the material collected to be discarded instead of being recycled. Proper preparation of your recyclables helps ensure the material will be recycled into usable items.

Ask your recycling provider about proper preparation of materials or

contact the District for a free guide.

CURBSIDE RECYCLING PICKUP Many cities within Benton County have a curbside recycling pickup program in conjunction with their waste collection service. Check directly with your city administration regarding those services.

Page 2 RECYCLING DROP-OFF LOCATIONS & BULKY WASTE

Benton County residents have several options for disposing of Bulky Waste items, such as appliances, furniture, electronics, and scrap metal:

If you live within city limits, contact your city to find out if your waste hauler provides curbside bulky waste collection. Typically, this is provided a set number of times per year.

The Benton County Convenience Center accepts household bulky waste items from any Benton County household at no charge each Saturday (excluding State Holiday weekends) from 8:00 a.m. to 4:00 p.m. at the District Facility located at 5702 Brookside Rd in Centerton.

For businesses, the District accepts these items for a nominal fee at our facility in Centerton. Call 479-795-0751 to schedule a time to deliver your business items.

Convenience Sites

Bella Vista

AARP Recycling Foundation 400 Pinion Bluff Dr. (479) 876-5343 Bentonville (Glass & Cardboard Only)

Bentonville Composting 2000 NW A St. (479) 271-3160 Centerton

Benton County Recycling Center 5702 Brookside Road (479) 795-0751

Rogers

Rogers Community Recycling Center 2300 N Arkansas Street (479) 621-1185 Siloam Springs

Siloam Springs Recycling & Transfer Station 1108 E. Ashley (479) 524-8512

Staffed Sites Acceptable materials and hours of operation vary so contact your local center for specific information.

Cave Springs: Hwy 112 next to Fire Station Decatur: Behind Decatur City Hall at 310 Maple Avenue

Garfield: Wimpy Jones Rd at Road Dept Facility

Gentry: 101 West Main Street behind Gentry City Hall (Only accepts aluminum, paper, and plastic bottles)

Gravette: Hwy 59 next to Police Station Pea Ridge: 293 S. Curtis Ave behind Emergency Services building

BULKY WASTE

RECYCLING DROP OFF LOCATIONS

If you live inside City limits, you may have curbside recycling collection available. Contact your city administration office for details.

Anyone is welcome to use the recycling drop off centers located throughout the County.

Page 3 REUSE, DISPOSAL & GREEN WASTE

WASTE DISPOSAL

For materials that are not accepted at local recycling or reuse facilities, such as unusable building materials or household trash, proper disposal is critical to prevent causing groundwater or air pollution.

BURYING, DUMPING OR BURNING HOUSEHOLD WASTE IS ILLEGAL! Disposal at a local landfill or transfer station will be needed. Below is a list of the local transfer stations and landfill. Contact the facility for rates and hours of operation.

TRANSFER STATIONS IN BENTON COUNTY

REUSE is a great way to reduce the amount of waste we generate. According to the EPA, “Reusing products, when possible, is even better than recycling because the item does not need to be reprocessed before it can be used again.”

You can extend the life of items you no longer want by: Repairing items when feasible Selling usable items at a garage sale, flea market or consignment sale Donating usable items to a local charity, school or other community group.

Below are local facilities that accept donations.

BUILDING MATERIALS

Habitat for Humanity Re-store 908 21st St., Bentonville (479) 273-3638 Accepts donations of new and good quality used building materials

including: Doors, electrical fixtures, lumber, windows, cabinets, carpet, tile, appliances, roofing, plumbing, paint, etc.

CLOTHING AND HOUSEHOLD GOODS Call for information on specific items accepted.

Bella Vista Goodwill, 20 Sugar Creek Ctr (479) 855-8770

Bentonville Goodwill, 1400 S. Walton Blvd. (479) 876-8055 Helping Hands, 1004 NW 11th (479) 273-2511

Rogers Homestead Antique Mall, 3223 W Hudson Rd (479) 631-9003 NWA Women’s Shelter Store, 1639 N Arkansas St (479) 621-6116 Rogers Samaritan Thrift Store, 100 N Dixieland Rd (479) 246-1060 Salvation Army Thrift Store, 102 N 24th (479) 631-6972

Siloam Springs New Beginnings Thrift Store, 321 W Tulsa St (479) 549-3781 Salvation Army Thrift Store, 1029 S Maxwell (479) 524-6091

REUSE OPTIONS

Bella Vista

Allied Waste 36 Bella Vista Way (479) 855-4226

Bethel Heights

Deffenbaugh Ind. 848 Hwy 264 East (479) 872-9098

Rogers Inland Services 3507 N. Arkansas

(479) 878-1384

Siloam Springs City Transfer Station

1008 E. Ashley (479) 524-8512

Green Waste Grass clippings, leaves, limbs and branches.

Bentonville Composing Facility—Accepts limbs and branches from anyone; grass

and leaves from Bentonville Residents only. Located at 2000 NW A St., Bentonville Phone (479) 271-5954 *No cost to residents.

Eco Vista Landfill—Accepts green waste from anyone.

Located at 18200 WM Drive, Tontitown Phone (479) 361-2069 *A fee is required

REPORT ILLEGAL DUMPING OR BURNING OF WASTE TO THE ENVIRONMENTAL ENFORCEMENT OFFICERS AT (479) 271-1083

LANDFILL

Tontitown Eco Vista Landfill

18200 WM Drive(479) 361-2069

Household Hazardous Waste (HHW) Many household products are considered household hazardous waste because they contain materials that are dangerous to people, animals and the environment. Following is information on proper disposal of these materials.

HHW & Tire Disposal

Waste Tire Disposal Benton County residents may dispose of up to four passenger tires without rims at no charge at one of the public collection centers listed below. Charges apply for more than four passenger tires, tire on rims, large truck tires and off-road tires. Tire Dealers: Call the District for disposal options.

Public Collection Centers

Page 4

HOW CAN WE HELP? The District provides a variety of services to citizens, businesses, schools and local government agencies within Benton County. In addition to others shown in this guide, services include:

Recycling pick-up program for schools and non-profits Education programs for schools, civic groups, etc. Waste hauler licensing and referral Waste stream audits & waste reduction assistance

Please contact us if we can be of assistance! We look forward to serving you!

BUTTON BATTERIES (Hearing aids, etc.) All Locations Radio Shack Check phone book for listing!

Rogers Zale's 100 N Dixieland (479) 631-0002

Siloam Springs Harrison H.E. Jewelry 610 S Mt. Olive (479) 524-9362

AUTOMOTIVE PRODUCTS (Used Antifreeze, Oil, Filters, Batteries)

All Locations Auto Zone Check phone book for listing.

All Locations O’Reilly Auto Parts Check phone book for listing.

All Locations Wal-Mart Tire & Lube Express Check phone book for listing.

The District provides an HHW collection program for Benton County citizens.

Acceptable HHW includes: Automotive products, Batteries, Cleaning products, Fluorescent

light bulbs, Lawn and garden products, Paint, Sharps. Unknown products, excess volumes or commercially generated materials may not be accepted.

Visit our website for more information! www.bcswd.com

Bentonville Norm the Tire Man 809 S.W. Eighth St.

(479) 273-0141

Centerton Benton County

Solid Waste District 5702 Brookside Rd

(479) 795-0751

Rogers Best Brake and Muffler

2820 NE Hudson Rd (479) 621-9880

Siloam Springs Benton County Tire & Wheel

2113 Highway 412 (479) 524-6266

Other Local Options

Documents

BENTON COUNTY REGIONAL SOLID WASTE MANAGEMENT …...Benton County Regional Solid Waste Management District Part Two – Chapter One: Activities Analysis 2011 Chapter One Page 6 of