- (a) Permit required. No person shall construct, install, alter, modify, or operate any solid waste processing or disposal facility or disposal site without a permit from the Division of Environmental Quality.
- (b) Disposal only at permitted facilities. No person shall dispose of solid waste at any disposal site or facility other than a disposal site or facility for which a permit has been issued by the division, except that any on-site solid waste processing facility (composting) which processes solid waste from an individual household shall not be deemed to constitute a disposal site and shall not be required to obtain a permit, provided such disposal does not create a public or private nuisance or hazard to health or the environment and does not violate a city ordinance or other law and does not involve the open dumping of garbage.
- (c) Failure to comply. Failure of a local government to comply with 8 CAR § 60-201 et seq., requiring an adequate solid waste management system and plan, shall constitute a violation subject to the civil penalties authorized by the Arkansas Solid Waste Management Act, Arkansas Code § 8-6-201 et seq., Acts 1971, No. 237, as amended.
(d) Prohibited activities. No person shall:
- (1) Violate any provision of Acts 1971, No. 237, as amended, commit any unlawful act under it, or violate any rule or order of the Arkansas Pollution Control and Ecology Commission or a permit issued under this section by the division, and leave the state or remove his or her person from the jurisdiction of this state;
- (2) Through the course of activities prohibited by this section, commit a violation of Arkansas Code § 8-4-103(a)(2)(A)(i); or
- (3) Purposely or knowingly make any false statement, representation, or certification in any document required to be maintained under the Arkansas Solid Waste Management Act, or falsify, tamper with, or render inaccurate any monitoring device, testing method, or record required to be maintained under the Arkansas Solid Waste Management Act or this part.