Arkansas Administrative Code Agency 207 - Benton County Regional Solid Waste Management District
Here’s an overview of Agency 207 – Benton County Regional Solid Waste Management District under the Arkansas Administrative Code:
📘 Authority & Definitions (Rule 207.00.05‑001)
Authority: Under Ark. Code Ann. § 8‑6‑704(6), regional solid waste boards can adopt rules via the Administrative Procedure Act to govern public participation and district duties (regulations.justia.com).
Key Definitions:
District refers to Benton County and its municipalities.
Includes terms like “Board,” “Director,” “Solid Waste,” “Solid Waste Facility,” “Transfer Station,” etc. (sos.arkansas.gov, regulations.justia.com).
🧾 Rulemaking Process
The Board can adopt, amend, or repeal rules at Board meetings (§ 2.01).
Notice of proposals is published in local newspapers—the Morning News of Northwest Arkansas and the Benton County Daily Record (§ 2.02) (regulations.justia.com).
🧭 Location Restrictions (Subchapter 11)
Facilities (Class I & II landfills) cannot be within 2 miles of major waterways: Beaver Lake, Lake Francis, Osage Creek, Illinois River, White River, and War Eagle Creek (regulations.justia.com).
🧱 Facilities Operations & Monitoring (Subchapter 12)
The District hires an inspector with access to all permitted facilities during business hours (§ 12.01) (regulations.justia.com).
Facilities must submit monthly leachate reports and groundwater monitoring results to both ADEQ and the District (§ 12.02–12.03) (regulations.justia.com).
💰 Waste Assessment Fee (Rules 207.00.11‑001 & 207.00.20‑002)
Authority under Act 209 of 2011 to implement a Waste Assessment Fee of up to $2 per ton on waste handled within the District (sos.arkansas.gov).
Exemptions apply for private industry waste, certain recycled or specially handled materials, etc. .
Fees are collected by receiving facilities and processed following the District’s rules (e.g. § 27.01–27.05) (sos.arkansas.gov).
🚨 Emergency Rule Changes (Rule 207.00.13‑001)
Covers situations when the District must make emergency regulatory changes under § 8‑6‑712.
E.g., tightening licensing or restricting competing waste collection agencies (regulations.justia.com).
🛣️ Waste Hauler Licensing (Subchapter 13)
Per Ark. Code Ann. § 8‑6‑721, anyone hauling or collecting waste in the District must obtain a District license (sos.arkansas.gov).
Requirements include proper driver licensing, financial responsibility, disclosure of violations, and more .
Licensing extends to Type I/II haulers, with exemptions for private household waste or own-facility transport (sos.arkansas.gov).
🧱 Facilities & Site Standards (Subchapter 17)
District can adopt more restrictive local standards than ADEQ or federal rules under Act 1280 of 1993 (§ 16.01–16.02).
§ 17.01 mandates regional design/construction standards based on scientific or engineering best practices (sos.arkansas.gov).
The $2/ton fee supports enforcement, including hiring officers for illegal dump eradication (§ 17.02) (sos.arkansas.gov).
🗂️ Related Rules & Updates
Rule 207.00.05‑001 – General procedures and definitions (regulations.justia.com).
Rule 207.00.11‑001 – District’s fee and assessment rules (regulations.justia.com).
Rule 207.00.13‑001 – Emergency amendments to rules (regulations.justia.com).
Rule 207.00.20‑002 – Full codified District rules (regulations.justia.com).
✅ Summary
Agency 207 empowers Benton County’s Solid Waste Board to:
Set operational and location standards.
Monitor facilities via inspections, leachate, and groundwater testing.
Enforce waste hauler licensing and fee assessment.
Regulate through public rulemaking, emergency changes, and fee structures.
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