(a) The Division of Environmental Quality shall be charged with the:

1. (1) Responsibility of enforcing the acts;
2. (2) Administration of the solid waste management facility operator licensing program, with the advice and assistance of the licensing committee; and
3. (3) Administration of the Environmental Compliance Resource Program.

(b) Licensing of operators of solid waste management facilities. The division is given and charged with the following powers and duties for licensing of operators of solid waste management facilities:

1. (1)

   1. (A) To establish and conduct examinations for licensing, at least annually, for applicants meeting the minimum qualifications for a license, and to conduct oral examinations for licensing upon request.
   2. (B) This duty may be delegated by the division to the administrator of any approved course;
2. (2) To issue licenses to applicants after satisfactory completion of all licensing requirements as hereinafter established, to renew these licenses, to suspend or revoke licenses for cause after due notice and opportunity for hearing, and to issue apprenticeship licenses to operators in training;

3. (3)

   1. (A) To initiate enforcement actions and/or institute court proceedings to compel compliance with the acts and the rules issued pursuant thereto.
   2. (B) Any such actions or proceedings shall require facilities to license the personnel involved in lieu of discharging the unlicensed personnel in order to achieve compliance;

4. (4)

   1. (A) To collect and deposit such fees, as established by the Arkansas Pollution Control and Ecology Commission, to be assessed per classification of license, not to exceed fifty dollars ($50.00) for the initial cost of a testing application and license, fifty dollars ($50.00) for the cost of reciprocity review and license, twenty-five dollars ($25.00) annually to be paid on a biennial basis at the time of license renewal, twenty-five dollars ($25.00) for provisional certificates, and a penalty of ten dollars ($10.00) for late payment or renewal.
   2. (B) Such fees shall be deposited into the Division of Environmental Quality Fee Trust Fund;

5. (5)

   1. (A) To establish minimum criteria to define the areas of competence for each classification of operators.
   2. (B) The minimum criteria may utilize education requirements, technical training, on-site training and experience, substitutional qualifications, or other beneficial factors as deemed appropriate;
6. (6) To review, recognize, and approve a schedule of training and educational curriculum to be utilized to fulfill the purposes of this part;
7. (7) To approve sources of educational training to fulfill the purposes of this part;
8. (8) To establish and implement such administrative sanctions as necessary to promote the professional integrity of solid waste management facility operator licenses;
9. (9) To conduct such inquiries and establish such facts as necessary to advise the commission on the actions of licensees;
10. (10) To establish such administrative policies as necessary to carry out the powers and duties of the commission;
11. (11) To issue provisional certificates as established in 8 CAR § 62-608;
12. (12) To allow the Director of the Division of Environmental Quality to grant a written waiver from the solid waste management facility licensing requirements of this part; and
13. (13) To allow the director to withdraw a written waiver from the solid waste management facility licensing requirements for just cause by written notice to the county, municipality, governmental subdivision, public or private corporation, or other persons to whom the written waiver is being granted.

(c) Training and certification of environmental officers.

1. (1) The director or his or her designee shall develop, implement, and administer the Environmental Compliance Resource Program.

2. (2) The division is given and charged with the following powers and duties associated with the Environmental Compliance Resource Program:

   1. (A) To designate at least one (1) division employee as a program coordinator for the Environmental Compliance Resource Program;
   2. (B) To provide guidance and resources to all certified environmental officers;
   3. (C) To evaluate and determine the eligibility of all applicants for initial training as an environmental officer;
   4. (D) To coordinate training and examination of all potential environmental officers;
   5. (E) To certify individuals who have completed the required environmental officer training and successfully passed the examination;
   6. (F) To coordinate continuing education for all environmental officers;
   7. (G) To administer the annual renewal requirements of the Environmental Compliance Resource Program and require proof of annual renewal compliance from previously certified environmental officers;
   8. (H) To review, recognize, and approve a schedule of training and educational curriculum to be utilized to fulfill the purposes of this part;
   9. (I) To approve sources of educational training to fulfill the purposes of this part;
   10. (J) To establish and implement such administrative sanctions as necessary to promote the professional integrity of environmental officer certificates;
   11. (K) To establish such administrative policies as necessary to carry out the powers and duties of the commission; and
   12. (L)

(i) To collect and deposit such fees, as established by the acts, to be assessed at fifty dollars ($50.00) for the initial cost of the certification application fee and twenty-five dollars ($25.00) for annual certificate renewal.

1. (ii) Such fees shall be deposited into the fund.