RULE 194.00.14-001 - Southwest Arkansas Regional Solid Waste Mangement District - By-Laws

RULE 194.00.14-001. Southwest Arkansas Regional Solid Waste Mangement District - By-Laws

AUTHORIZATION

Pursuant to the State of Arkansas Act 870 of 1989 and the enactment of roll call the Solid Waste Management Board has passed and approved the attached By-Laws on the_________day of August, 2014, by the designated membership body representing the counties of Calhoun, Columbia, Dallas, Miller, Ouachita, and Union.

SECTION 1 PURPOSE:

To insure the protection of the public health and environmental quality through the development and maintenance of Regional Solid Waste Management Planning for the counties and municipalities of Southwest Arkansas.

SECTION 2 FUNCTIONS:

The Solid Waste Planning Board shall be responsible for overseeing and implementing the following planning controls and authorities for the units of local government comprising the six county solid waste district.

a. Prepare a Regional Needs Assessment evaluating the Solid Waste Management needs with the District.

The assessment shall be presented to the Arkansas Department of Environmental Quality (ADEQ) as required.

The Assessment shall include, at the minimum, the following:

1. An evaluation of the amount of solid waste generated within the District and the amount of remaining disposal capacity, expressed in years, at the solid waste disposal facilities within the District that are permitted by ADEQ.

2. An evaluation of the needs of all localities with the District as to the adequacy or inadequacy of solid waste collection, transportation, and disposal within those localities.

3. An evaluation and balancing of the environmental, economic and other relevant factors which would be implicated by acceptance of solid waste from beyond the boundaries of the District.

b. Update the Regional Needs Assessment, as required by ADEQ.

c. No later than five (5) years before the disposal capacity of the District reaches its projected capacity, the Board shall seek Requests for Proposals to increase the District's projected capacity for solid waste disposal within the District according to the Regional Needs Assessment.

d. From, on or after January 31,1991, issue or deny the issue of Certificates of Need to applicant seeking a solid waste landfill permit from ADEQ. The Board shall assure that the applicant's petition:

1. Is consistent with the Regional needs assessment,

2. Does not conflict with land use plans,

3. Does not disturb archaeological or rare species sites,

4. Will not adversely affect the public use of local state or federal facilities.

e. Conduct public hearings on Certificate of Need Applications.

SECTION 3 MEMBERSHIP:

In accordance with the provisions of Act 870 of 1989, the membership body of the Solid Waste Planning Board shall consist of the following elected officials and selected private sector representatives.

The County Judge of each county within the District, with the initial Board appointments as follows:

Calhoun County Columbia County

Dallas County

Miller County Ouachita County

Union County

The Mayor of the largest city in each county of the District, with the initial Board appointments as follows:

Calhoun County

Hampton

Columbia County

Magnolia

Dallas County

Fordyce

Miller County

Texarkana

Ouachita County

Camden

Union County

El Dorado

These 12 members of the Board, as selected by definition of the Act, shall serve during the term of their office.

The Board shall select one (1) additional member from the six (6) county District who is an owner or operator of private sector landfill to serve on the Board. The Person so selected shall serve a term of three (3) years. (Member at large - no vote).

The Board shall select up to three (3) additional members from the general public to serve on the Board. The terms for the general public members shall be staggered three (3) year terms, except the initial terms for the general public members shall be for one (1), two (2) and three (3) years as determined by lot. The District has determined that general public members should be chosen to represent the general areas of environmental protection, business/industry, and agriculture.

1. Any vacancy occurring in the private sector membership shall be filled by the Board in the same manner as the original selection occurred.

2. The membership of the public sector representatives shall be direct function of the general electoral process and membership representation shall be for term of elected office for the seat of County Judge and/or Mayor.

3. The terms of the private sector representatives shall run as follows:

The initial one (1) year term shall have an anniversary date of June 30, 2014; Two (2) year terms shall have an anniversary date of June 30, 2015; Three (3) year terms shall have an Three (3) year terms shall have an anniversary date of June 30, 2016.

Owner or Operator of private sector landfill, with the initial Board appointments as follows: Mr. Mike Howell, WCA

Three additional members from general public, with the initial Board appointments as follows:

Richard Metzelars, Arkansas Recycling Coalition

City of Smackover

Eddie Sullivan, Highland Industrial Park, Inc.

SECTION 4 OFFICERS:

The Solid Waste Planning Board shall elect from and by the general membership of the Board a President, Vice President, Secretary and Treasurer. The initial terms of office shall expire January, 1991 and shall commence from that date for one year terms. The officers will have the following duties:

A. CHAIRMAN -The President shall preside at all meetings of the Board and shall advise with other officers of the Board on matters of policy. They shall have other powers and perform other such duties as may be incidental to his office, as are given to him by these By-Laws or may be assigned by the Board.

B. VICE CHAIR- In the event of the absence of the President, the Vice-President shall act as President. In addition, the Vice-President shall serve as Parliamentarian for the Board.

C. SECRETARY - The Secretary shall keep minutes of the proceedings of the Board in appropriate books provided for that purpose, see that all notices are duly given as required by the Board and perform such other duties incidental to the office of Secretary and such duties as may be assigned or delegated by the President or Board.

D. TREASURER - The Treasurer shall have general charge and custody of and be responsible for all funds of the Solid Waste Planning Board, deposit all monies received in the name of the SWPB, in such bank accounts or depositories as maybe designated by the Board; keep correct and complete books and record of accounts and perform such other duties as may be assigned by the Board. This service is provided under the Admin Agreement between the Board and SWAPDD, Inc.

E. The Solid Waste Planning Board may elect to contract with an administrative entity in fulfilling in part or in whole these duties (i.e. Minutes of Meetings, Financial Management).

SECTION 5 MEETINGS:

A. Seven (7) days' notice of all meetings shall be given to each member of the Board.

B. The Board may hold regularly scheduled meetings each month, quarterly or as required. But the Board shall hold at least 3 meetings per year.

C. A majority of the Board or the Board Chairman, may call a meeting of the Board at any time provided the notice requirement is met.

D. All meetings of the Board will be held at a place and time reasonably accessible to all Board Members.

SECTION 6 QUORUM:

A quorum of the Solid Waste Planning Board shall consist of a minimum of six (6) members representing not less than three (3) of the six (6) counties. No official business shall be conducted by the board without a quorum present and recorded.

SECTION 7 VOTE REQUIRED FOR ACTION BY BOARD OF

DIRECTORS:

Any action of the Board of Directors may be taken by a simple majority vote of the Board with a quorum present.

SECTION 8 RULES FOR PARLIAMENTARY PROCEDURE:

Roberts Rule of Order shall govern all meetings of the Board.

SECTION 9 MEMBER OF VOTES PER MEMBER:

Each representative shall have one (1) vote. Proxy votes shall be allowed if the proxy is presented to the Board Secretary prior to the meeting. The proxy shall identify the specific agenda item and must be voted by the Chairman of the Board.

SECTION 10 FREEDOM OF INFORMATION ACT:

All meeting, transactions and business conducted by the Board will be open to the general public and said notices of meetings will be mailed to the press to insure compliance with the provisions of the Freedom of Information Act.

SECTION 11 COMPENSATION:

Individual members of the Board shall receive no compensation for attendance at any meeting of the membership, and shall receive no other salary or compensation for service as a member of the Board other than reimbursement of actual expenses incurred.

(9/25/2014)

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