Arkansas Administrative Code Agency 222 - East Arkansas Regional Solid Waste Management District

Here's an in-depth overview of Arkansas Administrative Code – Agency 222: East Arkansas Regional Solid Waste Management District, current through March 2025 (regulations.justia.com):

📌 Scope & Authority

Agency 222 represents the East Arkansas Regional Solid Waste Management District (EARSWMD). The District is authorized by Ark. Code § 8‑6‑704 to manage and regulate solid waste collection, transport, disposal, and associated fees within its counties (eapdd.org).

🏭 1. Certificates of Need

Rules 222.00.12‑001 & 222.00.14‑002 detail the process for issuing Certificates of Need for new solid waste facilities.

Define “District,” “Landfill,” “Solid Waste,” “Ton,” and “Transfer Station.”

Establish fees of $2.00/ton (or volume‑equivalent) for solid waste delivered to district facilities, with separate rules depending on generation location (regulations.justia.com).

Quarterly reporting and fee payment protocols tied to ADEQ reporting deadlines; includes late fee provisions (regulations.justia.com).

🚛 2. Hauler Licensing

Rule 222.00.12‑002 & 14‑003 (2012, 2014) require waste-hauler licensing under Ark. Code § 8‑6‑721 (sos.arkansas.gov).

EARSWMD mandates permits for all entities hauling solid waste within the district.

Fees: $50 per vehicle under 1 ton (non-compacting); $100 otherwise (eapdd.org).

Permits include decals issued upon payment and submission.

♻️ 3. Recycling Fund & Fee Implementation

Rule 222.00.14‑001 & 14‑004 govern the admin of the Recycling Fund and the imposition of Solid Waste Fees.

Funds are collected via per-ton or per-yard charges and allocated to recycling initiatives.

The District may partner with other regions via interlocal agreements; absent such arrangements, fees are shared equally among districts (law.cornell.edu, arkleg.state.ar.us, regulations.justia.com).

📊 4. Reporting & Fee Collection Procedures

Quarterly reports must mirror ADEQ Solid Waste Disposal reporting and be submitted by set deadlines:

April 15, July 15, October 15, January 15 (regulations.justia.com).

Fee payments due simultaneously, with late fees applicable under the regulations.

🗺️ 5. District Coverage & Structure

EARSWMD covers Poinsett, Crittenden, Cross, St. Francis, Lee, and Phillips counties (eapdd.org).

District infrastructure includes licensed haulers, waste-tire collection centers, and an illegal-dump officer for enforcement (eapdd.org).

The Board, formed under Ark. Code § 8‑6‑703, consists of county judges and municipal officials guiding policy implementation (arkleg.state.ar.us).

✅ Key Rule Summary

RuleFocus Area
222.00.12‑001 & 14‑002Certificate of Need process & tonnage-based fee structure
222.00.12‑002 & 14‑003Solid waste hauler licensing procedures & fee schedule
222.00.14‑001 & 14‑004Recycling Fund administration & solid waste fee mechanics
ADEQ-aligned reportingQuarterly reporting & payment logistics
District enforcement rolesWaste-tire centers, illegal dump control, hauler oversight

🧾 Summary

Agency 222 empowers EARSWMD to regulate solid waste operations—including facility approval, hauler licensing, fee collection tied to tonnage, and recycling fund support—while coordinating with ADEQ reporting requirements and maintaining enforcement mechanisms across multiple counties. It ensures accountability, funding, and compliance within the district.

 

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