8 CAR § 60-301 – General provisions

(a) Applicability.
1. (1) This subpart applies to all solid waste disposal, collection, and processing facilities except as identified herein.
2. (2) Application and permitting procedures shall conform to Administrative Procedures, 8 CAR pt. 11, and the supplemental provisions of this subpart.
3. (3) Except for any supplemental provisions, 8 CAR pt. 11 shall govern in the event of any conflict with this subpart.
(b) Authority. Acts 1971, No. 237 of the General Assembly, as amended, makes it unlawful to construct, install, alter, modify, use, or operate any solid waste disposal or processing facility or site without a permit from the Division of Environmental Quality.
(c) Construction.
1. (1) Construction of solid waste disposal or processing facilities shall not commence until a final permit for construction and operation has been issued.
2. (2) Bid documents prepared for construction shall conform to approved permit plans and specifications and shall be submitted to the division upon request.
3. (3) Changes made during construction that will materially impact the facility design shall be submitted to the division for approval.
(d) Operations.
1. (1) Operations at a solid waste disposal or processing facility shall not commence until the fully completed facilities have been inspected and written authorization is provided by the Director of the Division of Environmental Quality.
2. (2) The permittee shall provide a ten-day minimum written notice to the division prior to the intended startup date for the waste disposal or processing facility.
(e) Environmental compliance record. In accordance with Arkansas Code § 8-1-106 and any rule promulgated pursuant thereto, the director may deny the issuance or transfer of any permit, license, certification, or operational authority if he or she finds, based upon the disclosure statement and other investigation which he or she deems appropriate, that:
1. (1) The applicant has a history of noncompliance with environmental laws or rules of this state or any jurisdiction;
2. (2) An applicant which owns or operates other facilities in the state is not in substantial compliance with environmental laws or rules of this state; or
3. (3) A person with a history of noncompliance with environmental laws or rules of this state or any jurisdiction is affiliated with the applicant to the extent of being capable of significantly influencing the practices or operations of the applicant which could have an effect on the environment.
(f) Application and supporting documents. All construction and operating information contained in the permit application and any changes, modifications, or alterations in the permit application submitted to the division in writing, and agreed to in writing by the division shall become an integral part of the permit.
(g) Confidentiality.
1. (1) Each permit application shall be available for public inspection, provided, however, that the division shall not disclose, except to authorized persons, any information which the director determines is entitled by law to protection as trade secrets without the consent of the applicant.
2. (2) Trade secrets shall not include the name and address of the applicant, nor any information necessary, as determined by the director, for the public to evaluate the hazards associated with the proposed operation, nor any other information required by law to be available to the public.
(h) Signature on applications.
1. (1)
  1. (A) Wherever possible or applicable, applications shall be signed by the person applying for the permit.
  2. (B) Where another person signs on behalf of the applicant, the title or relationship shall be provided on the application form.
  3. (C) The division shall require a person signing an application on behalf of an applicant to provide written proof of authorization.
2. (2) Corporations.
  1. (A) An application submitted by a corporation shall be signed by a responsible corporate officer.
  2. (B) For purposes of this section, a responsible corporate officer means:
(i) A president, secretary, treasurer, or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or
1. (ii) The manager of one (1) or more manufacturing, production, or operating facilities, if authority to sign documents has been delegated to the managers in accordance with corporate procedures.
2. (3) Partnerships and sole proprietorships. In the case of a partnership or sole proprietorship, the application must be signed by a general partner or the proprietor, respectively.
3. (4) Publicly owned facilities. In the case of a municipal, state, federal, district, or other public facility, the application must be signed by either a:
  1. (A) Principal executive officer;
  2. (B) Ranking elected official; or
  3. (C) Other duly authorized employee.
    1. (i) Professional services required. The services of a professional engineer registered in the State of Arkansas, and for Class 1, Class 3, and Class 4 landfills, a professional geologist registered in the State of Arkansas shall be retained by all applicants:
4. (1) For disposal and processing permits;
5. (2) For the development of geotechnical and hydrogeologic studies, permit plans, and specifications; and
6. (3) The preparation of an operating plan and narrative as described herein.