RESOLUTION NO. 2 OF 2014
A RESOLUTION STATING REQUIREMENTS FOR WASTE HAULER LICENSES AND
VEHICLE PERMITS AND REGULATIONS APPLICABLE TO WASTE HAULERS OPERATING WITHIN
THE SALINE COUNTY REGIONAL SOLID WASTE MANAGEMENT DISTRICT, AND FOR OTHER
PURPOSES
WHEREAS, The Saline County Regional Solid Waste Management Board
(hereafter, the "Board") is authorized and empowered by the Arkansas Code, and
specifically by ACA §
8-6-721
and ACA §
25-15-204,
to take the actions set out in this Resolution; and,
WHEREAS, The Executive Director of the Saline County Regional
Solid Waste Management District (hereafter, the "District") mailed a statement
of the terms or substance of the intended action to all persons who have
requested advance notice of rule-making proceedings and to all persons known to
the District to be directly affected by action taken by this Resolution;
and,
WHEREAS, The Board conducted a public hearing on Wednesday, July
16, 2014, and, pursuant to public notice published for three (3) consecutive
days in the Saline Courier, a daily newspaper of general circulation throughout
the area covered by the District and additionally published by the Secretary of
State on the Internet for thirty (30) days under Arkansas Code Annotated §
25-15-218,
conducted public hearings on Wednesday, August 20, 2014, and on Wednesday,
September 24, 2014; and,
WHEREAS, At those public hearings and throughout the period of
public comment which began at the date stated above of the first publication
the Board received and considered comments from the public, members of the
Board and other interested persons about the adoption of proposed regulations
governing the issuance of Waste Hauler Licenses and Vehicle Permits and the
Operations of Waste Haulers Operating Within the District; and,
WHEREAS, After due consideration of the results of the public
hearing, and deliberation at its regular Board meeting, the Board has decided
that taking the action set out herein is in the best interest of the Saline
County Regional Solid Waste Management District and is in the best interest of
the persons and entities served by the District;
NOW, THEREFORE, BE IT RESOLVED by the Saline County Regional
Solid Waste Management District, that:
SECTION
1 : Solid Waste Hauler License Required. Any
person, partnership, corporation, association or other entity listed in ACA
§
8-6-721(b)(1)
which is engaged in the business of collection of solid waste within the
District or which is engaged in the business of transportation of solid waste
for disposal or storage within the District shall first obtain a license from
the District, and shall keep that license in good standing throughout the
conduct of such business.
SECTION 2
: Compliance With ADEQ Standards Required. All solid waste
haulers licensed by the District shall comply with the minimum standards to
haul solid waste promulgated by the Arkansas Pollution Control and Ecology
Commission and with the requirements of this Resolution.
SECTION 3 : Annual Issuance of Solid
Waste Hauler License and Vehicle Permits. The Executive Director of
the District shall issue solid waste hauler licenses and vehicle permits
annually for each calendar year. Initial solid waste hauler licenses and
vehicle permits must be obtained prior to the applicant beginning business, and
renewal solid waste hauler licenses and vehicle permits must be obtained prior
to December 31 of the year preceding the year for which they are issued. All
solid waste hauler licenses and vehicle permits will expire on December 31 of
the year for which they are issued. Solid waste hauler licenses and vehicle
permits are non-transferrable.
SECTION
4 :
Solid Waste Hauler Operational Requirements.
All collection and transportation systems shall meet the conditions outlined
below:
a. Solid waste shall be collected and
transported so as to prevent public health hazards, environmental hazards,
safety hazards and nuisances.
b.
Collection and transportation vehicles shall be kept in good working order and
in a sanitary condition.
c. Every
hauler must display the one-year decal given at the time of permitting on the
driver side of the hauling vehicle.
d. All solid waste collected and transported
in the District must be covered to prevent littering on highways and roadways.
While a vehicle is moving short distances between pickups, the tarp may be left
partially open so long as no solid waste is allowed to be blown, dropped,
spilled or otherwise discharged from the vehicle. At all other times, the tarp
shall be securely fastened, covering the entire contents of the
vehicle.
e. Yard waste must NOT be
mixed with residential or commercial waste.
f. All drivers shall have the appropriate
license for each vehicle they will operate according to State law.
SECTION 5 :
Vehicle
Inspection Requirements. All vehicles shall comply with the following
at all times:
a. Open top trucks must have a
tarp and straps.
b. No "open air"
side boards or tailgates (all front panels side boards, tailgates surrounding
the solid waste being transported must be fully enclosed/solid).
c. All lights must be operational.
d. Each vehicle shall have an operational
fire extinguisher.
e. Each vehicle
shall have Safety flares and/or Reflective triangles.
f. Each vehicle shall have Motor Vehicle
Lettering on doors or packer bed which lettering shall comply with C.F.R.
§
390.21, and which shall include:
i. Name of business on each side of motor
vehicle.
ii. Phone number on each
side of motor vehicle.
iii. City
and state And zip code of home office on each side of motor vehicle.
iv. Lettering size must be a minimum of 2
inches in size.
v. Lettering must
be a contrast color from the base color of the motor vehicle.
g. Proof of current vehicle
registration and current liability insurance coverage shall be kept in the
vehicle at all times.
h. All
vehicles which are engaged in the business of collection of solid waste within
the District or which are engaged in the business of transportation of solid
waste for disposal or storage within the District are subject to being
reinspected for continuing compliance at any time or place by the Executive
Director or his designated representative.
SECTION 6 : Fees. Each
applicant shall pay an application fee for vehicles of 1 ton or less of $25.00
per vehicle and for vehicles larger than 1 ton of $50.00 per vehicle.
Application fees are not pro-rated. An applicant for initial solid waste hauler
licenses and/or vehicle permits shall pay the full-year fee regardless of when
during a calendar year the license and/or vehicle permit is issued.
SECTION 7 :
Application
Procedure. The Executive Director shall promulgate and make available
to applicants such forms as the Executive Director may determine are convenient
and necessary for the completion of the annual application process. Applicants
will complete and submit their forms and application fee payment to the
Executive Director along with the following documentation:
a. Proof of Insurance.
b. City of Benton business privilege license
or reciprocal license for operation inside the city limits of Benton.
c. City of Bryant Solid Waste Permit for
operation inside the city limits of Bryant.
d. Current "Letter of Good Standing" from the
Arkansas Department of Finance and Administration showing that the licensee is
properly qualified to collect Arkansas sales and use taxes and that licensee
has properly reported and remitted all sales and use taxes.
After submitting the application, the applicant shall coordinate
with the Executive Director or his designee to schedule a time for a visual
inspection of all vehicles for which a vehicle permit is requested. All
vehicles must be presented for inspection by the District at the location
specified by the Executive Director. The Executive Director may allow one
reinspection within thirty days of any vehicle which fails its initial
inspection.
SECTION
8 : Violations. The making of any material
misrepresentation in connection with an application for solid waste hauler
licenses or vehicle permits or the failure to comply with any of the provisions
of this Resolution shall be a violation of a regulation of a regional solid
waste management board within the meaning of ACA §
8-6-722 and shall be
punished accordingly.
SECTION 9 :
Provisions separable. The provisions of this
Resolution are separable, and if any section, phrase or provision
of this Resolution shall be declared invalid, such declaration shall not affect
the validity of the remaining portions of this Resolution, and they shall
remain in full force and effect.
SECTION
10 : Conflicting Resolutions and Regulations
Repealed. All Resolutions of the Board and parts thereof in conflict
with the provisions of this Resolution are, upon the effective date of this
Resolution, repealed to the extent of such conflict, but not otherwise.
SECTION 11 : Effective
Dates. This Resolution is effective and in force from and after the
date of its passage and approval and the Regulations adopted hereby governing
the issuance of Waste Hauler Licenses and Vehicle Permits and the Operations of
Waste Haulers Operating Within the District shall be effective and in force on
and after January 1, 2015.
