1. (a) Funding specificity. Landfill Post-Closure Trust Fund funds are to be made available on specific individual corrective action cases from post-closure landfill disposal fees imposed under this part.

2. (b) Funding guidelines and mechanisms.

   1. (1) This part and Solid Waste Management Rules, 8 CAR pt. 60, provide compliance guidelines for a landfill to follow in order to be eligible for funding consideration by the Landfill Post-Closure Trust Fund Program.
   2. (2) Disposal fees, collected in accordance with Arkansas Code § 8-6-1001 et seq., and with this part, provide the funding mechanism for the Landfill Post-Closure Trust Fund.

3. (c) Funding cap.

   1. (1) In the event that the total amount in the Landfill Post-Closure Trust Fund equals or exceeds twenty-five million dollars ($25,000,000), no additional fees shall be collected under the Landfill Post-Closure Trust Fund provisions of Arkansas Code §§ 8-6-1003 and 8-6-1004 until the total amount in the Landfill Post-Closure Trust Fund equals or is less than fifteen million dollars ($15,000,000), at which time such collection of fees shall resume to the credit of the Landfill Post-Closure Trust Fund.
   2. (2) In the event that the total amount in the Landfill Post-Closure Trust Fund reaches twenty-five million dollars ($25,000,000), fees shall be collected pursuant to Arkansas Code § 8-6-612 [repealed] to the credit of the Solid Waste Management and Recycling Fund for support of the computer and electronic equipment recycling program.

4. (d) Funding availability.

   1. (1) Landfill Post-Closure Trust Fund moneys are to be made available, upon written approval from the Director of the Division of Environmental Quality, for specific landfill post-closure corrective action cases and activities as set forth herein, pursuant to Arkansas Code § 8-6-1001 et seq., and to 8 CAR pt. 60.
   2. (2) Any expenditures in excess of fifty thousand dollars ($50,000) per site from the Landfill Post-Closure Trust Fund for corrective action to remedy environmental impacts of closed disposal sites previously operated as a landfill pursuant to state law will be prioritized and authorized by the Arkansas Pollution Control and Ecology Commission, by adoption of a minute order, after addressing corrective actions needed to address environmental impacts from permitted landfills closed properly.

   3. (3) For purposes of subdivision (d)(2) of this section, “closed disposal site” means a disposal site previously operated as a landfill pursuant to state law that:

      1. (A) Ceased receiving waste prior to October 1, 1991;
      2. (B) Performed closure activities approved by the Division of Environmental Quality; and
      3. (C) Did not pay into the Landfill Post-Closure Trust Fund.

Codification Notes: Arkansas Code § 8-6-612 was repealed by Acts 2017, No. 624, § 2.