§ 8-6-712 - Regulation of solid waste disposal.
               	 		
8-6-712.    Regulation of solid waste disposal.
    (a)  A district which has an approved solid waste management plan may:
      (1)    (A)  Require,  by regulation or other legal means, that solid waste generated or  collected within the boundaries of the district be delivered to a  particular project for disposal, treatment, or other handling.
            (B)  Provided,  however, that nothing in this section shall be construed as impairing  legal and proper contracts existing on March 26, 1991, under the  Arkansas Constitution, or the notes or other evidences of indebtedness  incurred pursuant to a revenue bond issued or reissued dependent upon a  project involving a stated waste stream which is a contractual condition  of said indebtedness;
      (2)  Prohibit,  by regulation or other legal means, the collection of solid waste  within the boundaries of the district by persons not properly licensed  by the district;
      (3)    (A)  Authorize  that a city, county, or any person in an adjoining district may deliver  solid waste to a designated landfill within the district for disposal,  treatment, or other handling.
            (B)  Provided,  however, that notice of all such authorizations shall be submitted to  the Arkansas Department of Environmental Quality within thirty (30) days  and shall be incorporated into the district needs assessment in its  next regular update;
      (4)  Provide,  by regulation or other legal means, that no person, other than as may  be designated by the district, shall engage in the collection or  utilization of solid waste within the district which would be  competitive with the purposes or activities of the district; and
      (5)  Covenant  in connection with the issuance of bonds, notes, or other evidence of  indebtedness to adopt any regulation described in subdivisions (a)(1),  (a)(2), and (a)(4) of this section and that any regulation so adopted  shall remain in full force and effect and shall be enforced so long as  any bonds, notes, or other evidences of indebtedness remain outstanding.
(b)  The  districts shall issue rules or regulations which are consistent with  and in accordance with but no more restrictive than all applicable  environmental protection performance standards adopted by state law or  incorporated by reference from federal law.
(c)    (1)  Nothing  in this section shall prohibit the disposal of solid waste generated by  a private industry in a permitted landfill where the private industry  bears the expense of operating and maintaining the landfill solely for  the disposal of waste generated by the industry or wastes of a similar  kind or character.
      (2)  Nothing in  this section shall prohibit the collection or disposal of solid waste  by a municipality with an existing permitted landfill with a  twenty-five-year capacity as of January 1, 1991, where the city bears  the expense of operating and maintaining the landfill and the landfill  complies with Environmental Protection Agency and department  regulations.
      (3)  Nothing in this  section shall prohibit a municipality or county from constructing or  operating a facility or project to process and market recyclable  materials for use as fuel.
(d)  Furthermore,  nothing in this subchapter shall prohibit the disposal of dead animal  carcasses through means which are otherwise permitted by state law or  regulation.