8 CAR § 64-1301. Requirements

(a) The disposal facility shall be constructed, operated, and maintained according to final plans, specifications, and operation narrative as approved by the Division of Environmental Quality and in compliance with applicable provisions of: (1) The Arkansas Solid Waste Management Act, Arkansas Code § 8-6-201 et seq.; (2) Solid Waste Management Rules, 8 CAR pt. 60; and (3) All other applicable rules. (b) The disposal facility shall be maintained in good condition at all times. (c) The disposal facility operations shall be conducted by licensed, qualified on-site operators holding the appropriate license as required under Licensing of Operators of Solid Waste Management Facilities and Environmental Officers, 8 CAR pt. 62. (d) For purposes of disposal, “sufficiently small part” means that the tire has been cut into four (4) substantially equal pieces or into two (2) pieces around the circumference of the tread. (e)(1) Whole tires shall not be deposited into a landfill or a waste tire monofill as a method of final disposal unless shredded or split into sufficiently small parts to assure their proper disposal or unless otherwise allowed in the facility permit. (2) Only small tires that have been processed by cutting, shredding, or splitting into sufficiently small parts to assure proper disposal or small tires processed by baling may be disposed of at a tire disposal facility that has a permit issued for a landfill designed and operated as a waste tire monofill. (f) Landfills that receive waste tires must also meet and comply with the conditions and standards contained in 8 CAR pt. 60. (g) A landfill may store processed tire materials outdoors if: (1) The division has authorized the use of the processed tire materials as suitable for use in the construction of daily and intermediate cover systems; (2) The use of the processed tire materials does not present a threat to human health and the environment; and (3) The use of the processed tire materials has been shown to control: (A) Disease vectors; (B) Fires; (C) Odors; (D) Blowing litter; or (E) Scavenging. (h) Financial assurance must be obtained as required in 8 CAR pt. 60, and annual adjustments must be made based on the estimated cost for a third party to perform post-closure care. (i)(1) An initial permit fee must be submitted with the initial permit application. (2) Annual permit fees shall be assessed according to Permit Fee Rules, 8 CAR pt. 12. (3) Any disposal facility permitted under this subpart and owned or operated by a used tire program shall not be required to remit a disposal facility permit fee to the division. (j) The quality assurance and quality control procedures for construction shall be according to 8 CAR pt. 60 and division-approved design requirements of the permit application. (k)(1) Measures to control and prevent stormwater from running through or into the active fill area shall be constructed and maintained at the site. (2) No tires shall be deposited in standing water or within the seasonal groundwater. (3) The permittee shall obtain any required stormwater permits from the division’s Office of Water Quality and pay any required fees associated with these permits. (l) Best management practices shall be implemented to control erosion and to prevent off-site deposition of: (1) Sediment; (2) Leachate; and (3) Waste.