(a)
(1) On or before July 1, 1992, the Arkansas Pollution Control and Ecology Commission shall adopt criteria for the disposal of incinerator ash in landfills that are permitted under the Arkansas Solid Waste Management Act, § 8-6-201 et seq.
(2) In adopting such criteria, the commission shall follow the procedures applicable to the adoption of rules under § 8-4-202(a).
(b) The criteria adopted by the commission shall include, but not be limited to, the monofilling of incinerator ash.
(c)
(1) The monofill requirement created under this subchapter does not apply if the owner or operator demonstrates to the Division of Environmental Quality that the incinerator ash to be disposed of in the Class 1 landfill is received from incinerators that only combust yard waste or other natural vegetative debris, including vegetative storm debris, tree trimmings, and land-clearing debris.
(2) All other requirements adopted under this subchapter apply to the disposal of incinerator ash described in this subsection.
(3) As used in this subsection, “other natural vegetative debris” does not include any solid waste that can be classified as industrial, commercial, or construction and demolition waste.
Structure Arkansas Code