(a) Applicability. A person who engages in the business of hauling solid waste must obtain a license from the regional solid waste management board or boards having jurisdiction if the person is engaged in the:
- (1) Collection of solid waste within the district; or
- (2) Transportation of solid waste for disposal or storage in the district.
(b) Exemptions from licensing.
- (1) Persons exempt from licensing shall comply with all other applicable standards required under this section or by district rules adopted pursuant to this section.
(2) For purposes of this section, a license shall not be required for:
- (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; or
- (C) A solid waste management district engaged in the hauling of solid waste within its own district.
(c) Issuance of a license. A license shall be issued only to:
- (1) A person;
- (2) A partnership;
- (3) A corporation;
- (4) An association;
- (5) The State of Arkansas;
- (6) A political subdivision of the state;
- (7) An improvement district;
- (8) A sanitation authority; or
- (9) Another regional solid waste management district.
(d) Hauler classifications. The following classification of haulers shall apply:
- (1) A Type I hauler hauls all categories of nonhazardous solid waste as identified in this part with the exception of waste tires; and
- (2) A Type II hauler hauls only process waste and special materials as identified in this part, with the exception of waste tires.
(e) Financial assurance.
- (1) Any hauler applying for a license must establish financial responsibility to the board.
- (2) Proof of liability insurance will be required and may be considered adequate financial responsibility.
(f) Licensing standards.
- (1) For purposes of this section, the following licensing standards and classifications apply.
(2) Any person who transports wastes shall:
- (A) Hold the appropriate driver's license as defined by Arkansas Law; and
- (B) Register the operation with the regional solid waste management board providing:
(i) Name, address, and telephone number of registrant; and
- (ii) Description of vehicle to be registered including:
- (a) (a) Make, model, and year of vehicle;
(b) (b) Vehicle ID number;
(c) (c) License plate number;
- (d) (d) Name of vehicle owner; and
- (e) (e) A description of the nature of wastes and size of loads.
(g) Hauler requirements. All collection systems and collection equipment shall meet the following conditions:
- (1) 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 a sanitary condition; and
(2)
- (A) Collection and transportation equipment shall be designed and constructed so as to be leak-proof.
(B) The waste shall be suitably enclosed or covered so as to prevent:
- (i) Roadside littering;
- (ii) Attraction of vectors; or
- (iii) Creation of other nuisances.
(h) Adoption of more restrictive standards. The regional solid waste management boards may impose more stringent standards than these minimum standards established by the Arkansas Pollution Control and Ecology Commission.
- (i) Licensing fees and rules. The regional solid waste management board may set a reasonable licensing fee for each type of hauler and may establish licensing requirements based on size of the haulers' transport vehicle or vehicles.