§ 8-6-723 - Alternative formation of original districts. - Arkansas Statutes

8-6-723. Alternative formation of original districts.

(a) (1) In lieu of forming a regional solid waste management district under any other provision of this subchapter, a regional solid waste management district may be created by interlocal agreement of the local governments in any county with a population of at least ninety thousand (90,000) persons and in which there is a permitted landfill on January 1, 1991. The regional solid waste management board of the district shall be established by interlocal agreement.

(2) The creation of the district shall be effective upon the Director of the Arkansas Department of Environmental Quality's receipt of written notice in the form of a joint resolution by the local governments.

(b) (1) In lieu of forming a regional solid waste management district under any other provision of this subchapter, a district may be created by a resolution of the governing body of any authority created under the Joint County and Municipal Solid Waste Disposal Act, 14-233-101 et seq., which includes a county having a population of at least sixty thousand (60,000) persons and which has made application to the Arkansas Department of Environmental Quality for a solid waste disposal permit on or before January 1, 1991.

(2) The creation of a district shall be effective upon the governing body of the authority notifying the director in writing. The governing body of a district created under this subsection shall be determined by the authority creating the district. The provisions of 8-6-703 or any other section of this subchapter which provides for the method of selection of the governing body of a district shall not apply to districts formed under this subsection.

(c) The Arkansas Pollution Control and Ecology Commission shall have no authority to add to or otherwise change the boundaries of a district created under this section.