DESCRIPTION OF THE DISTRICT, ITS GENERAL COURSE AND METHOD
Authority: Ark. Code Ann.
During the 1991 Regular 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
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 consists of the mayors of Jacksonville, Little Rock,
Maumelle, North Little Rock, Wrightsville and Sherwood. (As cities in Pulaski
County reach a population of 2000, per the most recent Decennial Census, the
mayors of said cities will be added to the District's Board of Directors.) The
mayors of the smaller communities of Alexander and Cammack Village are
ex-officio members of the Board.
While the Board of Directors establishes policy and governs the
District, a Partnership Taskforce 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
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 (DEQ).
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 60 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
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.
PULASKI COUNTY REGIONAL SOLID WASTE MANAGEMENT DISTRICT
ORGANIZATION, PURPOSE AND GOVERNANCE
Authority: Ark. Code Ann.
1.1. 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
1.3. 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.
2.1 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.
3.1. Governance. The District shall be
governed by a regional solid waste management district board, hereinafter
3.2. Members. The
Board shall be composed of the persons who serve as local elected officials:
the Pulaski County Judge and the Mayors of Jacksonville, Little Rock, Maumelle,
North Little Rock, Sherwood and Wrightsville, who shall be succeeded on the
Board by their respective successors in office.
3.3. 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.
3.4. 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
(a) 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
(b) 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.
3.6. 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.
3.7. 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.
3.8. 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.
4.1. Officers. The
officers of the District shall be a Chairman, Vice Chairman, and Secretary. The
Officers shall be annually elected by the Board. Such other officers and
assistants as may be deemed necessary may be elected or appointed by the Board
(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
(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.
4.4. 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
4.5. 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.
4.6. 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. '
) and set out herein below:
The Board shall have the following powers
(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
(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
(iv) To issue or deny
certificates of needs to any applicant for a solid waste disposal facility
permit within the District except for 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
(v) To petition the
Arkansas Pollution Control and Ecology Commission or Director of the DEQ 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
(vi) To adopt such rules
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
(vii) To establish programs
to encourage recycling;
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;
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
(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
(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
6.1. 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
6.2. 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.
6.3. 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.
6.4. 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
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.
6.6. 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.
7.1. 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.
REGIONAL SOLID WASTE MANAGEMENT AND RECYCLING FUND AND
Authority: Ark. Code Ann.
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
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.
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.
means the Pulaski County Regional Solid Waste Management District Board of
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
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
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
non-putrescible 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,
3.1. 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.
3.2. 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.
. 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
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 60 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
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
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 DEQ 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 rule 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.
The Pulaski County Regional Solid Waste Management District is
required by Act 752 of 1991 to enact and enforce a licensing program for all
haulers who collect or transport solid waste in the District. See Ark. Code
Ann. 8-6-721. The purpose of the
licensing program is to protect the public health, safety and welfare through
the monitoring and enforcement of collection and transportation of solid waste
by haulers in the District. This rule applies to all haulers of solid waste of
all types within the District.
As used in this rule, the following definitions shall
(a) "Board" means the Board of
the Pulaski County Regional Solid Waste Management District.
(b) "District" means the Pulaski County
Regional Solid Waste Management District.
(c) "Hauler," as defined in Regulation No. 22
of the Arkansas Pollution Control and Ecology Commission, means a person
engaged in the collection or transportation of solid waste for disposal,
transfer or storage. Hauler does not include a person transporting
noncommercial waste to a permitted facility.
(d) "License" means the document issued by
the District to the hauler approving the hauler and the vehicle for use by the
hauler in collecting solid waste within the District, or in the transportation
of solid waste by the hauler for disposal or storage within the
(e) "Person," as defined
in Regulation No. 22 of the Arkansas Pollution Control and Ecology Commission,
means any individual, corporation, company, firm, partnership, association,
trust, state agency, government instrumentality or agency, institution, county,
city, town or municipal authority or trust, venture or other legal entity,
Waste," as defined in Regulation No. 22 of the Arkansas Pollution Control and
Ecology Commission, means any garbage, or refuse, sludge from a wastewater
treatment plant, water supply treatment plant, or air pollution control
facility and other discarded material, including solid, liquid, semi-solid, or
contained gaseous material resulting from industrial, commercial, mining and
agricultural operations, and from community activities, but does not include
solid or dissolved materials in domestic sewage, or solid or dissolved
materials in irrigation return flows, or industrial discharges that are point
sources subject to permit under
33 U.S.C. §
, or source, special nuclear, or
byproduct material as defined by the Atomic Energy Act of 1954, as amended (68
(g) "Vehicle" means a
vehicle and/or trailer used by a hauler for purposes of collection of solid
waste within the District and/or a vehicle and/or trailer used by a hauler for
the transportation of solid waste for disposal or storage within the
A person who engages in the business of hauling solid waste shall
obtain a license from the District if:
(a) The person is engaged in the collection
of solid waste within the District.
The person is engaged in the
transportation of solid waste for disposal or storage in the District.
A hauler shall obtain and complete an application for a license
as prescribed by the District within the time frame set by the District.
Licenses issued pursuant to this rule shall not be
A decal, representing the license, must always be in the vehicle
and/or affixed to the trailer, and shall be displayed in a location in the
vehicle and/or the trailer that is easily viewable from outside the
Information for License.
An applicant for a license must provide the following information
to the Board in substantially the following order:
(a) Proof of Insurance, Vehicle Year, Make,
Model, VIN #, License #, Size in Cubic Yards (LxWxH÷27).
(b) The service area of the business (Pulaski
County, the state of Arkansas or the U.S.), landfills used, and whether any
solid waste is or will be transported out of state.
Type of solid waste hauled (all types, or
only process waste and special materials as defined in Regulation No. 22 of the
Arkansas Pollution Control and Ecology Commission).
The applicant shall provide all information required on such
application as well as any additional information required by the District. The
applicant shall update or amend any information contained within the
application by providing the District with such updated or amended information
as applicable within thirty (30) days of the date in which any information
provided by the applicant is no longer true and correct.
The Board hereby assesses the following annual license fees, to
be paid by the heretofore defined haulers, for the collection and
transportation of solid waste:
to Two Vehicles. By January of each year all current haulers subject to this
rule shall be assessed a license fee of $50 for each vehicle up to five (5)
cubic yards capacity for up to two such vehicles licensed, and $100 for each
vehicle of five (5) cubic yards capacity and over for up to two such vehicles
(b) More Than Two
Vehicles. A licensed hauler with more than two (2) vehicles shall pay an
additional fee of $25 per vehicle for each vehicle of less than five (5) cubic
yards capacity up to a maximum fee of $1,000, and an additional fee of $50 for
each vehicle of five (5) cubic yards capacity and over up to a maximum fee of
$1,000. In no event shall a licensed hauler be assessed fees exceeding $1,000,
except when assessed a penalty for late payment of fees as described
(c) Temporary Licenses. A
temporary license may be obtained by persons who haul waste less than six (6)
times per year at the rate of one-half (1/2) the permanent hauler fees paid by
persons with up to two vehicles ($25 for the vehicle of up to five  cubic
yards and $50 for the vehicle five  cubic yards and over).
(d) Proration of Fees. If a new hauler is
issued a license after March 31 of any year, the fees will be pro-rated
quarterly based on the number of calendar quarters remaining in the calendar,
including the quarter of the date on which the license is issued.
(e) Failure to Obtain License. Failure to
obtain a license by March 1 of each year will result in the hauler being
prohibited from using a permitted landfill facility within the District, until
and unless the hauler obtains a license from the District. Permitted landfills
in Pulaski County shall use all reasonable means to assist the District in
informing haulers of licensing requirements, and in identifying and providing
to the District information on haulers who are not licensed, or whose license
Assistance Procedures. Permitted landfills will provide to the District by
January 1 of each year written procedures outlining the means the landfill will
take to assist the District in informing haulers of the licensing requirements,
and in identifying and providing to the District information on haulers who are
not licensed, or whose license has expired. The written procedures will be
reviewed by the Board by March 31 of each year.
Inspection of Vehicle.
The District, through its personnel and/or agents, shall have the
right to review and inspect a hauler's vehicle(s) to ensure the hauler's
compliance with this rule.
Suspension and Revocation of License.
A hauler's license may be revoked, suspended or terminated by the
District upon failure to comply with the provisions and requirements of this
rule, as well as failure to comply with any federal, state, local or District
statutes, laws, regulations, rules and/or ordinances.
Prior to suspension, revocation or termination, the District
shall have notified the licensed hauler in writing of the intent to suspend,
revoke or terminate the license, the reasons therefore, and that the licensed
hauler has had an opportunity for a hearing in accordance with District
A license may be suspended, revoked or terminated for the
(a) A violation of
(b) A violation of any
provision of federal, state or local law.
(c) A violation of any license
or omissions on the license application.
Exemptions from Licensing.
A license shall not be required for the following:
(a) An individual hauling only their own
household waste to a permitted facility.
(b) The transport of solid waste from an
industrial facility to its own Class 3N landfill.
(c) A solid waste management district engaged
in the hauling of solid waste within its own district.
Any person applying for a license must establish financial
responsibility to the Board. Proof of liability insurance will be required and
may be considered adequate financial responsibility.
All collection systems and collection equipment shall meet the
(a) Solid waste
shall be collected and transported so as to prevent public health hazards,
environmental hazards, safety hazards and nuisances, and shall be kept in
and transportation equipment shall be designed and constructed so as to be leak
proof. The waste shall be suitably enclosed and/or covered so as to prevent
roadside littering, attraction of disease vectors or creation of other
(c) Pursuant to Arkansas
Code Annotated §
the maximum gross weight of any vehicle used for hauling solid waste shall not
exceed eighty-thousand (80,000) pounds.
Adoption of More Restrictive
The Board may impose more stringent standards than those minimum
standards set by the Arkansas Pollution Control and Ecology Commission. SECTION
(a) Any person who
collects or transports solid waste within the District pursuant to Ark. Code.
Ann. 8-6-721 and who violates any
section of this rule, shall be deemed guilty of a misdemeanor. Upon conviction,
the person shall be subject to imprisonment for not more than thirty (30) days
or a fine of not more than $1,000, or both imprisonment and fine.
Any person who fails to comply with the
licensing terms and conditions of this rule by March 1 shall be required to pay
a penalty to the District equal to twenty percent (20%) of the license fee per
vehicle for which the hauler qualifies.
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