Ark. Code Ann. » Title 8 Chapter 06
Arkansas Code Annotated

Ark. Code Ann. § 8-6-201 (2026)

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✓ current as of May 2026
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This subchapter may be cited as the “Arkansas Solid Waste Management Act”.

History. Acts 1971, No. 237, § 1; A.S.A. 1947, § 82-2701.

Research References

Ark. L. Rev.

Case Note, Johnson v. Sunray Services, Inc.: Possible Solutions to the NIMBY Syndrome, 45 Ark. L. Rev. 657.

Case Notes

Adversely Affected.

Following an initial clean-up of certain soil contamination, although the state issued a letter indicating that no further action was necessary, a reasonable jury could find that the property owners were adversely affected, for purposes of the Arkansas Solid Waste Management Act, § 8-6-201 et seq., by their lessee's violation of the Act where the property owners had to remove contamination to accommodate the needs of their new tenant. Patton v. TPI Petroleum, Inc., 356 F. Supp. 2d 921 (E.D. Ark. 2005).

Construction with Other Laws.

Pursuant to § 8-7-812, where the Arkansas Solid Waste Management Act, § 8-6-201 et seq., provides a remedy, that remedy does not conflict with the Regulated Substance Storage Tank Law, § 8-7-801 et seq., because such a remedy would be in addition to, not in conflict with, the regulations found in the storage tank law; the storage tank law does not provide the exclusive remedy for storage tanks leaks and does not supersede the Solid Waste Management Act absent a conflict. Patton v. TPI Petroleum, Inc., 356 F. Supp. 2d 921 (E.D. Ark. 2005).

Statute of Limitations.

Court denied summary judgment to the oil company, which was one of the defendants in an action by the landowners for damages from defendants' dumping, as the Arkansas Solid Waste Management Act (ASWMA), § 8-6-201 et seq., contained no limitations period; the court believed that it was doubtful that the Arkansas Legislature intended that a limitations period specifically limited to actions founded on contract or liability, as set forth in § 16-56-105(3), should operate to reach out and limit the reach of the ASWMA. Sewell v. Phillips Petro. Co., 197 F. Supp. 2d 1160 (W.D. Ark. 2002).

District court's verdict was reversed on appeal where the applicable statute of limitations, § 16-56-105, began to run at the latest date the plaintiff lessor learned its land had suffered a remediable injury, though it did not yet know the extent of the injury. Highland Indus. Park, Inc. v. BEI Def. Sys. Co., 357 F.3d 794 (8th Cir. 2004).

Cited: Laidlaw Waste Sys. v. City of Ft. Smith, 742 F. Supp. 540 (W.D. Ark. 1990); Southeast Ark. Landfill, Inc. v. State, 313 Ark. 669, 858 S.W.2d 665 (1993).

Notes of Decisions
Cited in 9 cases (1 in the last 5 years), 1990–2026 · leading case: Johnson v. Sunray Servs., Inc., 816 S.W.2d 582 (Ark. 1991).
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Johnson v. Sunray Servs., Inc., 816 S.W.2d 582 (Ark. 1991). · cites it 6× “See Ark. Code Ann. § 8-6-201 , et seq. (1987).”
Patton v. TPI Petroleum, Inc., 356 F. Supp. 2d 921 (E.D. Ark. 2005). · cites it 5× “, com *924 menced this action in the Circuit Court of Pulaski County, Arkansas,' seeking damages for breach of contract, trespass, nuisance, negligence, and violation of the Arkansas Solid Waste Management Act, Ark. Code Ann. § 8-6-201 et seq. The defendant, TPI Petroleum, Inc.”
Arkansas Cnty. v. Burris, 825 S.W.2d 590 (Ark. 1992). · cites it 2× “Unlike in Freeman, the county here, in enacting Ordinance 89-262, made no mention of Act 742, but instead argues it proceeded under Act 237 of 1971 [ Ark. Code Ann. §§ 8-6-201 to -217 (1987)], Act 238 of 1971 [ Ark.”
Sewell v. Phillips Petroleum Co., 197 F. Supp. 2d 1160 (W.D. Ark. 2002). · cites it 2× “The Court finds that the Arkansas Solid Waste Management Act (as codified in the Arkansas Code in § 8-6-201 et seq. hereafter “ASWMA”) is remedial in nature and retroactive application is not improper and denies Summary Judgment for Texaco so predicated.”
Bryant v. Mathis, 839 S.W.2d 528 (Ark. 1992). · cites it 2× “237 [ Ark. Code Ann. § 8-6-201 -213 (1987)] or the Hazardous Waste Act, Act 1979 No.”
State of Arkansas, Ex Rel. Bryant v. Dow Chem. Co., 981 F. Supp. 1170 (E.D. Ark. 1997). · cites it 2× “(“AHWMA”), the Arkansas Solid Waste Management Act, Ark.Code Ann. §§ 8-6-201 et seq. (“ASWMA”), the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.”
Se. Arkansas Landfill, Inc. v. State, 858 S.W.2d 665 (9th Cir. 1993). “The complaint alleged that the defendant had violated provisions of the Arkansas Solid Waste Management Act, Ark. Code Ann. §§ 8-6-201 — 221 (Supp. 1991), and regulations promulgated thereunder, buy failing to inform the ADPC&E of SEAL’S agreement to sell an existing portion of…”
Laidlaw Waste Sys. v. City of Fort Smith, Ark., 742 F. Supp. 540 (W.D. Ark. 1990). · cites it 2× “The Arkansas Solid Waste Management Act (“SWMA”), A.C.A. § 8-6-201 et seq., requires municipalities to provide for the disposal of solid waste and allows them to charge fees in order to do so.”
Lrs South, LLC v. Benton Cnty. Solid Waste Mgmt. Dist. & the Benton Cnty. Solid Waste Mgmt. Dist. Bd., 2026 Ark. App. 4 (Ark. Ct. App. 2026). “The District is a regional solid-waste-management district that provides solid-waste-management programs for Benton County pursuant to the Arkansas Solid Waste Management Act (the “Act”), codified at Arkansas Code Annotated sections 8-6-201 to -223 (Repl. 2022). The Board is…”
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