§ 8-6-209 - Local standards.
               	 		
8-6-209.    Local standards.
    (a)    (1)  No  municipality or county may, by ordinance, resolution, order, or  otherwise, adopt standards for the location, design, construction, and  maintenance of solid waste disposal sites and facilities that are more  restrictive than those adopted by, under, or pursuant to this subchapter  or any and all applicable laws, rules, regulations, or orders adopted  by state law or incorporated by reference from federal law, the Arkansas  Pollution Control and Ecology Commission under the provisions of this  subchapter, or the regional solid waste management boards or districts,  unless there exists a fully implemented comprehensive area-wide zoning  plan, and corresponding laws or ordinances, covering the entire  municipality or county.
      (2)  Municipal  or county ordinances, resolutions, or orders effective as of the date  of the passage of this act and more restrictive than regional or state  standards shall remain in full force and effect for a period of six (6)  months following the date of the passage of this act.
      (3)  Provided,  also, that if a county or municipality adopts a comprehensive area-wide  zoning plan and corresponding laws and ordinances covering the entire  county or city as referred to in    8-6-212(e), the county or city may  incorporate existing ordinances, resolutions, or orders in that plan.
      (4)  Otherwise,  any and all such standards adopted by a municipality or county must be  consistent with, in accordance with, and not more restrictive than said  federal, state, and regional laws, rules, regulations, and orders. Any  and all such municipalities or county ordinances, resolutions, orders,  or standards contrary to this section shall be null, void, and repealed.
(b)    (1)  Subsection  (a) of this section shall not apply if a municipality or county, by  resolution, requests that the regional solid waste management board or  district for its region adopt a more restrictive rule, regulation,  order, or standard and such board or district either fails to hold a  public hearing on the request within sixty (60) days of the request, or,  after such public hearing, fails to take any action on the request  within ninety (90) days of receipt of the request.
      (2)  If  the board or district takes action on the request by approving,  modifying, or denying the request within ninety (90) days of its  receipt, the municipality or county shall be precluded from adopting and  enforcing any more restrictive rule, regulation, order, or standard  under subsection (a) of this section.