§ 8-6-711 - District solid waste management system. - Arkansas Statutes

8-6-711. District solid waste management system.

(a) A district is authorized to own, acquire, construct, reconstruct, extend, equip, improve, operate, maintain, sell, lease, contract concerning, or otherwise deal in facilities of any nature necessary or desirable for the control, collection, removal, reduction, disposal, treatment, or other handling of solid waste.

(b) (1) A district may elect to acquire the ownership or use of elements of solid waste management systems owned or controlled by municipalities, counties, improvement districts, or sanitation authorities within the district by contract on such terms as are mutually agreed to be necessary, convenient, or desirable.

(2) (A) If the district has elected such acquisition of ownership or use, it shall also have assumed the responsibility associated with that project or element, as contemplated by 8-6-714.

(B) If the district and the other entity or entities which are parties to the acquisition cannot mutually agree on the fair value to be paid and the method of compensation for the acquired asset, then either party may have that value and method adjudicated as to fairness by the chancery court having jurisdiction of the district's principal office, in the manner of a declaratory judgment and not in the nature of eminent domain.

(C) The district shall have the discretion to proceed or not to proceed with the acquisition after the declaration is obtained.

(c) (1) (A) A district may elect to seek a permit for a Class I landfill to be owned by the State of Arkansas.

(B) Provided, however, that only one (1) such landfill shall be sited in each of the eight (8) planning and development districts established pursuant to 14-166-202.

(2) Upon the district's obtaining a permit to operate, ownership interest in said landfill shall be vested with the State of Arkansas through deed or other conveyance.

(d) Existing and operating solid waste facilities within the district shall be incorporated into the district solid waste management plan, or the district shall acquire ownership of that facility in the manner set forth in subsection (b) of this section.

(e) Nothing in this section shall be construed to give a district the power to make an acquisition described herein without the consent of the municipalities, counties, improvement districts, or sanitation authorities involved.