REGULATION 1DESCRIPTION OF THE DISTRICT, ITS GENERAL COURSE AND METHOD OF OPERATION
Authority: Ark. Code Ann. § 25-15-203(a)(l)
During its 1991 session, the Arkansas General Assembly enacted twelve laws pertaining to solid waste. Act 752 established the solid waste districts and mandates regional solutions for solid waste management, and Act 749 set a state recycling goal of 40% of the 1991 waste stream by the year 2000.
The Regional Recycling & Waste Reduction District began as the Pulaski County Regional Solid Waste Management District in 1992 - one of eighteen Arkansas regional solid waste management districts authorized under Act 752 of 1991. The District includes all of Pulaski County. The District's Board of Directors is chaired by the Pulaski County Judge and consists of the mayors of Jacksonville, Little Rock, Maumelle, North Little Rock, and Sherwood. The mayors of the smaller communities of Alexander, Cammack Village, and Wrightsville are ex-officio members of the Board.
While the Board of Directors establishes policy and governs the District, a Technical Committee made up of the Public Works Directors or Sanitation Managers of the member local governments meets regularly to analyze solid waste issues and make recommendations to the Board.
In Arkansas, solid waste management districts assist local governments in planning and overseeing municipal solid waste management programs and services. Municipal solid waste (MSW) refers to all residential and commercial solid wastes including garbage, trash, electronics, waste tires, batteries, motor oil and household chemical wastes. Districts also administer recycling grants and waste tire management programs funded by the State of Arkansas through the Department of Environmental Quality.
The District operates with revenues from the Solid Waste Management and Recycling Fund established in Ark. Code Ann. § 8-6-605, from grant programs, and from a tipping fee of 30 cents per ton of solid waste deposited in the landfills in Pulaski County, and a fee of $2.00 per ton applied to solid waste generated within the District and delivered outside the District, and vice versa, as authorized by Ark. Code Ann. § 8-6-714. Also, the District receives income from hauler permits, waste tire processing fees, and interest on investments.
The Regional Recycling and Waste Reduction District works with Pulaski County jurisdictions in the areas of garbage and yard waste collection, composting, e-waste, recycling, tires, and household chemicals. The cities and the County provide their own services, but use a regional approach to achieve system efficiencies through contract negotiation and administration.
In early 2008, the name of the Pulaski County Solid Waste Management District was changed to the Regional Recycling and Waste Reduction District to highlight its highest priorities - recycling and waste reduction.
For more information about the solid waste operations or laws, contact the District at (501) 340-8787. Submissions and requests, including Freedom of Information Act requests, may be addressed to the District at 300 Spring Street, Suite 200, Little Rock, Arkansas 72201.
REGULATION 2PULASKI COUNTY REGIONAL SOLID WASTE MANAGEMENT DISTRICT ORGANIZATION, PURPOSE, AND GOVERNANCE
Authority: Ark. Code Ann. § 8-6-703, 8-6-704.
Authorization. Formation of the Pulaski County Regional Solid Waste Management District was authorized by Pollution Control & Ecology Commission Minute Order 92-25, dated April 24, 1992, pursuant to Act 752 of 1991.
Jurisdiction Boundaries. The Pulaski County Regional Solid Waste Management District, hereinafter referred to as the "District" shall encompass the county of Pulaski.
Period of Duration. The District shall continue to exist until dissolved or abolished by unanimous agreement of the member jurisdictions, or pursuant to a procedure established by law.
Purpose. The purpose of the District is the protection of the public health and the state's environmental quality through the development and maintenance of a solid waste management district for Pulaski County and the municipalities of Alexander, Cammack Village, Jacksonville, Little Rock, Maumelle, North Little Rock, Sherwood, and Wrightsville. Further, the District shall serve to address the local exigencies, needs and other requirements as are more clearly defined in Act 752 of 1991.
Regional Solid Waste Management District Board
Governance. The District shall be governed by a regional solid waste management district board, hereinafter called "Board".
Members. The Board shall be composed of six persons who serve as local elected officials: the Pulaski County Judge and the Mayors of Jacksonville, Little Rock, Maumelle, North Little Rock, and Sherwood, who shall be succeeded on the Board by their respective successors in office.
Regular Meeting. Regular meetings of the Board shall be held quarterly, pursuant to written notice thereof, on the date as set by the Chairman of the Board.
Special Meetings. Special meetings of the Board of Directors may be called by or at the request of the Chairman of the Board, or by any two Directors. The person, or persons, authorized to call special meetings of the Board may fix the place for holding any special meeting of the Board called by them so long as said meetings are conducted in Pulaski County, Arkansas.
Notice. Notice of any special meeting shall be given at least three (3) days previously thereto by written notice delivered personally or mailed (including electronic mail) to each Director at his, or her, business address. If postal mailed, such notice shall be deemed to be delivered when deposited in the United States mail so addressed.
Waiver. Any Director may waive notice of any meeting. The attendance of a Director at a meeting shall constitute a waiver of notice of such meeting, except where a Director attends a meeting for the express purpose of objecting to the transaction of any business because the meeting is not lawfully called or convened.
Quorum. A majority of the number of directors fixed by this Article shall constitute a quorum for the transaction of business at any meeting of the Board, but if less than such majority is present at a meeting, a majority of the Directors present may adjourn the meeting from time to time without further notice.
Manner of Acting. The act of the majority of the Directors present at a meeting at which a quorum is present shall be the act of the Board of Directors.
Proxies. A Director may appoint a proxy to vote or otherwise act for him/her by signing an appointment form. A properly signed and dated proxy shall be acceptable for voting of absent members for a specific meeting date. The appointment becomes effective when received by the secretary or other officer or agent authorized to tabulate votes and may be limited or restricted by the grantor. A voting member may accept only one proxy, and; therefore, may cast only his/her vote and one proxy vote on any given motion of the Board.
Officers. The officers of the District shall be a Chairman, Vice Chairman, and Secretary. The Chairman shall be the County Judge of Pulaski County; the Vice-Chairman shall be the Mayor of North Little Rock; and the Secretary shall be the Mayor of Little Rock. Such other officers and assistants as may be deemed necessary may be elected or appointed by the Board of Directors.
. The Chairman shall:
(a) chair the regular and special meetings of the District Board of Directors;
(b) represent the District before public and private agencies and organizations as authorized by the Board and as necessary to perform the duties and functions of the District
The Vice Chairman
. The Vice Chairman shall:
(a) in the absence of the Chairman, chair the regular and special meetings of the District Board of Directors;
(b) in the absence of the chairman, and as authorized by the Board, represent the District before public and private agencies and organizations as necessary to perform the duties and functions of the District.
Secretary. The Secretary shall in general, perform all duties incident to the office of the Secretary and such other duties as from time to time may be assigned by the Chairman or the Board.
Custodian of the Records. The Executive Director of the District staff shall be the custodian of the records, minutes, notices, instruments, contracts, resolutions, and other documents of the Regional Solid Waste Management District, which shall be maintained at the District Office.
Salaries. No officer who is a member of the Board shall receive any salary of or from the District provided, however, that officers and Directors may be reimbursed for properly documented expenses they incur on behalf of the District.
Powers and Duties
Statutory Powers and Duties
. The Board shall have those duties and powers as set forth in Act 752 of 1991 (Codified at Ark. Code Ann. § 8-6-704
) and set out herein below:
The Board shall have the following powers and duties:
(i) To collect, study, and initially evaluate the solid waste management needs of all localities within the District, as provided in Ark. Code Ann. § 8-6-716 and to publish their findings as a regional needs assessment;
(ii) To evaluate the solid waste needs of the District, and thereby update the regional needs assessment as appropriate;
(iii) 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;
(iv) To issue or deny certificates of needs to any applicant for a solid waste disposal facility permit within the District with the exception of permits for landfill when a private industry bears the expense of operating and maintaining the landfill solely for disposal of waste generated by the industry of a similar kind of character;
(v) To petition the Arkansas Pollution Control and Ecology Commission or Director of the Arkansas Department of Environmental Quality to issue, continue in effect, revoke, modify, or deny any permit for any element of solid waste management system located within the District based on compliance or noncompliance with solid waste management plan to the District;
(vi) To adopt such rules or regulations pursuant to the Administrative Procedure Act, Ark. .Code Ann. § 24-15-201 et seq., as are reasonably necessary to assure public notice and participation in any findings or rulings by the Board and to administer the duties of the Board;
(vii) To establish programs to encourage recycling;
(viii) To maintain an office at such places as it may determine;
(ix) To sue and be sued in its own name and to plead and be impleaded;
(x) 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 provisions of services; and,
(xi) To establish and collect rents, fees, and charges as authorized by law.
(xii) To carry out all other powers and duties conferred by Act 752 of 1991, and other applicable laws.
Other Powers and Duties
. The Board may:
(i) Authorize the District to apply for such permits, licenses, certificates, grants, or approvals as may be necessary or proper to construct, maintain, and operate any portion of a solid waste management system, and to obtain, hold and use such licenses, permits, certificates, grants, or approvals;
(ii) 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 Board and fix and pay their compensation from funds available to the District therefore;
(iii) Purchase all kinds of insurance including, but not limited to insurance against tort liability, business interruption, and risk of damage to property; and
(iv) Issue licenses to persons engaged in the business of hauling solid waste.
Contracts, Loans, Checks and Deposits
Contracts, The Board may authorize any officer or officers, agent or agents, to enter into any contract or execute and deliver any instrument in the name of and on behalf of the District, and such authority may be general or confined to specific instance.
Loans. No loans shall be contracted on behalf of the District and no evidence of indebtedness shall be issued in its name unless authorized by a resolution of the Board. Such authority may be general or confined to specific instances.
Checks, drafts, etc. All checks, drafts or other orders for the payment of money, notes or other evidence of indebtedness issued in the name of the District, shall be signed by such officer or officers, agent or agents, of the District and in such manner as shall from time to time be determined by resolution of the Board.
Deposits. All funds of the District not otherwise employed shall be deposited from time to time to the credit of the District in such banks, trust companies, or other depositories as the Board may select.
Appropriation Criteria. The Board shall determine the annual funding appropriations required to be levied or assessed in accordance with Act 752 of 1991 and other applicable laws by considering all available revenue sources and formulas, included, but not limited to the availability of federal grant, and other funds, revenues generated from dedicated sources, service allocation formulas, and other factors, data and information as the Board deems necessary.
Annual Audit. The Board shall cause to be conducted, by qualified accounting firms, annual audits of the District's financial management systems and all financial transactions.
Fiscal Year. The fiscal year of the District shall begin on the 1st day of July of each year and end on the last day of the following June.
REGULATION 3REGIONAL SOLID WASTE MANAGEMENT AND RECYCLING FUND AND FEES
Authority: Ark. Code Ann. §§ 8-6-710, and 8-6-714
Description and Purpose
1.1 Arkansas Act 752 of 1991 established a system of regional solid waste management and planning in Arkansas, forming regional solid waste management districts and describing their powers, duties and responsibility.
1.2 Among other things, the regional solid waste management districts are responsible for planning, studying and evaluating the solid waste management needs of their areas and publishing regional needs assessments and regional solid waste management plans which then guide decisions for solid waste management systems development and operation.
1.3 In order to carry out these duties and powers, the District must be able to defray the cost of overhead, maintenance and operation of its office to compensate professional staff, to cover the cost of contracts into which it enters and to meet other necessary expenses.
2.1 "Board" means the Pulaski County Regional Solid Waste Management District Board of Directors.
2.2 "District" means the Pulaski County Regional Solid Waste Management District.
2.3 "District Solid Waste Management and Recycling Fund" means the combined proceeds of the solid waste fees levied by the District.
2.4 "Materials in the recycling, or composting, process" means ferrous and nonferrous metals diverted or removed from the solid waste stream so that they may be reused, as long as such materials are processed or handled using reasonably available processing equipment and control technology taking cost into account, and a substantial amount of the materials are consistently utilized to manufacture a product which otherwise would have been produced using virgin material.
2.5 "Permitted landfill facilities" means a permitted landfill under the Arkansas Solid Waste Management Act, Ark. Code Ann. § 8-6-201 et seq.
2.6 "Solid Waste" means all putrescible and nonputrescible waste in solid, semisolid, or liquid form, including, but not limited to, yard or food waste, waste glass, waste metals, waste plastics, waste paper, waste paperboard, and all other solid and semisolid wastes resulting from industrial, commercial, agricultural, community, and residential activities, but does not include materials in the recycling, or composting, process.
Arkansas Code Ann. § 8-6-710
. Solid Waste Management Responsibility.
The Board is responsible for the solid waste management of the District, which by necessity includes the collection, disposal, treatment and general management of the District's whole system of operations.
Arkansas Code Ann. § 8-6-711
. Solid Waste Management System.
The Board is authorized to contract concerning facilities of any nature necessary or desirable for the control, collection and disposal, treatment of other handling of solid waste.
Arkansas Code Ann. § 8-6-714
. Rents, Fees, and Charges-Collection by Utilities.
The Board may fix, charge and collect rents, fees and charges for the disposal, treatment or other handling of solid waste by the District. Notwithstanding that the District does not itself own and operate the landfills nor the fleet of collection vehicles, the management of the total system of waste disposal and treatment is included in the authority of the Board to raise revenues.
Purpose and Applicability
There is established a District Solid Waste Management and Recycling Fund for the Purpose of financing District operations and activities, to be supported by the following fees.
(a) There is fixed and levied a solid waste volume-based fee of 30 cents per ton of solid waste disposed of at all permitted landfill facilities within the District's boundaries.
(b) There is fixed and levied a fee of $2.00 per ton on solid waste generated within the District and delivered to a transfer station or landfill outside the District for disposal, and on solid waste generated outside the District and delivered within the District for disposal.
5.1. The District Solid Waste Management and Recycling Fund shall be used exclusively for financing the District's operations and activities as described in the District's annual operating budget.
6.1. Landfill owners/operators shall remit checks to the District each quarter, with the amounts based on actual volumes of solid waste disposed of or delivered, as reported to the Arkansas Department of Environmental Quality on its quarterly reporting form. A copy of the completed form shall accompany quarterly payments to the District.
Enforcement and Penalties
7.1. Arkansas Code Ann. § 8-6-722 provides that any person who violates this regulation of the District shall be deemed guilty of a misdemeanor. Upon conviction, the persons shall be subject to imprisonment of not more than thirty (30) days or a fine of not more than one thousand dollars ($1,000), or both imprisonment and fine.