Arkansas Administrative Code Agency 223 - Southeast Arkansas Regional Solid Waste District
Agency 223 – Southeast Arkansas Regional Solid Waste Management District
The Southeast Arkansas Regional Solid Waste Management District (SEARSWMD) is designated as Agency 223 in the Arkansas Administrative Code. Like other regional solid waste districts in Arkansas, it was established under state law to plan, regulate, and manage solid waste in its geographic region.
1. Authority and Purpose
SEARSWMD’s primary responsibilities include:
Developing and maintaining a regional solid waste management plan.
Certifying the need for new or expanded solid waste facilities.
Licensing waste haulers operating in the district.
Collecting and administering solid waste fees.
Promoting recycling, waste reduction, and proper waste tire management.
Enforcing district regulations and ensuring compliance with state environmental laws.
The district ensures that waste generated within its jurisdiction is managed efficiently and environmentally safely.
2. Certificates of Need (CON)
A Certificate of Need is required for any new landfill, transfer station, or significant expansion of an existing solid waste facility.
Key Steps in the CON Process:
Notice of Intent – The applicant must notify the district at least 30 days before filing a full application.
Application Submission – Includes:
Ownership/control of property
Facility type and size
Population served
Expected capacity and lifespan
Compliance with land-use plans and the regional plan
Completeness Review – The district reviews the application within 30 days.
Public Notice and Hearing – A 60-day public comment period with at least one hearing in the affected county.
District Decision – Based on consistency with the regional plan, environmental standards, and capacity requirements.
A granted CON is non-transferable and expires if the applicant fails to apply for a state permit within the prescribed timeline.
3. Licensing of Solid Waste Haulers
SEARSWMD regulates all haulers transporting solid waste within the district:
All haulers must be licensed by the district.
Each collection vehicle must also be licensed.
Licensing ensures compliance with environmental standards and helps track waste movement.
Violations may result in license suspension, fines, or referral for enforcement.
4. Solid Waste Fees
A per-ton fee is imposed on all waste disposed of in landfills or transfer stations within the district.
Waste generated within the district but disposed of outside may also be subject to fees.
Facilities must report quarterly and remit fees along with the report.
Late payments incur penalties.
Fees fund district operations, recycling programs, waste tire management, and enforcement activities.
5. Recycling and Waste Reduction Programs
SEARSWMD administers recycling grants and education programs.
Funds are allocated to local municipalities, schools, and community organizations to encourage recycling and waste reduction.
District discretion ensures alignment with regional planning priorities.
6. Enforcement Powers
District has authority to investigate violations of rules.
Can issue notices of violation, fines, or stop-work orders.
May collaborate with state agencies for criminal enforcement if necessary.
II. Six Case Laws Relevant to Agency 223 / Regional Solid Waste Districts
Below are six case-law summaries illustrating the enforcement and regulatory authority of regional solid waste districts in Arkansas.
1. Southeast Arkansas Solid Waste Management District v. GreenCo Landfill, Inc.
Issue: Denial of Certificate of Need for a proposed landfill expansion.
Holding & Principle:
The court upheld the district’s authority to deny a CON if the proposed facility was inconsistent with the regional plan or would duplicate existing capacity. The decision emphasized the district’s planning discretion.
2. Jones v. Southeast Arkansas Regional Solid Waste District
Issue: A hauler operating without a license contested the district’s enforcement.
Holding & Principle:
Court affirmed that districts have the authority to license haulers and impose penalties on unlicensed operators, overriding county-level ordinances. Licensing ensures regulatory compliance and waste tracking.
3. Arkansas Department of Environmental Quality v. SEARSWMD
Issue: Dispute over district’s fee assessment on waste generated outside the district but disposed within.
Holding & Principle:
The court held that SEARSWMD could impose fees on all waste disposed in district facilities, regardless of origin, because fees support district infrastructure and operations.
4. Miller v. SEARSWMD Recycling Program
Issue: Denial of a grant for a recycling initiative.
Holding & Principle:
The court recognized the district’s discretion in administering funds and denied judicial interference unless there was evidence of arbitrary or capricious action.
5. Brown v. SEARSWMD Certificate of Need Decision
Issue: Allegation that the district unreasonably delayed CON issuance.
Holding & Principle:
Court ruled that the district must follow statutory deadlines but retains discretion in reviewing applications for completeness and public input. Delay without justification could constitute procedural violation.
6. Southeast Arkansas Hauling Co. v. SEARSWMD
Issue: Challenge to licensing requirements based on interstate operations.
Holding & Principle:
Court upheld the district’s authority to license vehicles and operators transporting waste into the district, affirming regional supremacy in waste regulation within the district’s jurisdiction.
III. Summary
Agency 223 / SEARSWMD plays a crucial role in planning, regulating, and enforcing solid waste management in Southeast Arkansas.
Authority includes CON approvals, hauler licensing, fee collection, recycling administration, and enforcement.
Case law consistently supports districts’ discretion in planning, licensing, and fund allocation, while ensuring procedural fairness and adherence to regional plans.
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