Rules of the Upper Southwest Regional Solid Waste Management District, 8 CAR pt. 370

Pursuant to Arkansas Code Annotated § 8-6-712, the Upper Southwest Regional Solid Waste Management Board (hereinafter referred to as the “District”) is vested with the authority and responsibility to promulgate rules and regulations governing the collection, disposal, and treatment of solid waste within its jurisdictional boundaries. The purpose of this rulemaking is to establish regulations governing the licensing of solid waste haulers, the certificate of need process, and flow control of solid waste within the District. In accordance with Act 752 of 1991, the District is required to promulgate rules that are consistent with, but not more restrictive than, applicable state standards and laws. See Ark. Code Ann. § 8-6-712(b). Furthermore, Ark. Code Ann. § 8-6-704(6) authorizes regional solid waste management boards to adopt rules pursuant to the Arkansas Administrative Procedure Act, Ark. Code Ann. § 25-15-201 et seq., as are reasonably necessary to ensure public notice and participation in any findings or ruling of the board and to administer the duties assigned thereto. Accordingly, these rules are promulgated to: (a) implement a licensing 90 requirement for solid waste haulers operating within the District; (b) establish a waste flow control system; and (c) institute a Certificate of Need application and review process for the District, all as authorized under applicable provisions of Arkansas law.

A public hearing was not held on this matter. The public comment period expired on June 27, 2026. The agency indicated that it received no public comments. Grant Wise, an attorney with the Bureau of Legislative Research, asked the following questions and received the following responses from the agency: 1. 8 CAR § 370-101 – This section of the rules seems to track the original language in Acts 1989, No. 870, § 4, which was codified in Arkansas Code § 8-6-704. The statute, however, has been revised quite a bit since then. Is there a reason the rule does not track the current language of the statute? RESPONSE: The District has not updated the rule since it was passed internally some years ago (prior to the District recently determining that its rules should be properly promulgated), which is probably why the statutory reference has not been updated. We have revised the proposed rule with “as amended” language. 2. 8 CAR § 370-101(b)(4) – This provision appears to be premised on Arkansas Code § 8-6-704(a)(4) and provides that the board has the power and duty to “[i]ssue or deny certificates of need to any applicant for a solid waste disposal facility permit within the jurisdiction.” Ho

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