Ark. Code Ann. § 8-6-909 (2026)

Subchapter 10 — Landfill Post-Closure Trust Fund

Publisher's Notes. Acts 1993, No. 1127, § 1 provided: “The Arkansas General Assembly makes the following findings:

“(1) Arkansas Act 747 of 1991 (codified at Ark. Code Ann. § 8-6-1001 et seq. (Supp. 1991)) created the ‘Landfill Post-Closure Trust Fund’ and imposed additional landfill disposal fees for that purpose.

“(2) Arkansas Act 754 of 1991 (codified at Ark. Code Ann. § 8-6-606 (Supp. 1991)) amended Ark. Code Ann. § 8-6-606 to increase the landfill disposal fees under the Solid Waste Management Recycling Fund Act. The landfill disposal fees under the Solid Waste Management Recycling Fund had previously been established by Arkansas Act 849 of 1989 and Arkansas Act 934 of 1989.

“(3) The General Assembly has learned that in many areas of the state, residents and businesses are having their solid waste transported to and disposed of at landfill disposal sites in other states. By doing so, these residents and businesses are avoiding paying their share of taxes referenced above, as would ordinarily be passed on to the solid waste generator. By such transportation and disposal of solid waste in other states, this state is losing much needed revenues. Further, by requiring the payment of such fees on solid wastes disposed of within the state, but not on solid wastes generated within this state and transported to and disposed of in other states, the existing fee structure under the above-referenced law unfairly burdens landfill disposal entities within the state since they are required to pay said fees causing them to charge higher rates than their out of state competitors which do not have to pay such fees.

“(4) In order to remedy the present situation, it is the finding of the Arkansas General Assembly that similar fees need to be assessed on all solid waste transported in Arkansas but disposed of outside the state. By doing so, the avoidance of landfill disposal fees by the transfer of solid waste out of state will be remedied and the current unfair burden on in-state landfill disposal entities will be alleviated.”

Effective Dates. Acts 1993, No. 1127, § 7: Apr. 13, 1993. Emergency clause provided: “It is hereby found and determined by the General Assembly that some areas of the state are facing critical shortages of solid waste disposal capacity due to the difficulties in siting landfill facilities at the local level. It is found that the authority granted to municipalities and counties to adopt more restrictive standards for the location, design, construction, and maintenance of solid waste disposal sites and facilities than those adopted by the federal, state and regional laws, rules, regulations, and orders, has exacerbated and attenuated this crises and could thwart or jeopardize the purposes of Arkansas Act 752 of 1991 and its efforts to protect the public health and the state's environmental quality by establishing regional solid waste management and planning. Therefore, an emergency is hereby declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall be in full force and effect from and after its passage and approval.”

Acts 1997, No. 938, § 9: July 1, 1997. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that the fiscal year begins on July 1, and that this emergency clause is necessary in order that uniformity can be achieved at the beginning of the 1997-1998 fiscal year for money deposited into the Landfill Post-Closure Trust Fund and the moneys allocated from that fund for the Illegal Dump Eradication and Corrective Action Program. Therefore, an emergency is declared to exist and this act being necessary for the preservation of the public peace, health, and safety, shall be in full force and effect from and after July 1, 1997.”

Acts 1999, No. 1210, § 10: July 1, 1999. Emergency clause provided: “It is hereby found and determined by the Eighty-second General Assembly, that the Constitution of the State of Arkansas prohibits the appropriation of funds for more than a two (2) year period; that the effectiveness of this Act on July 1, 1999 is essential to the operation of the agency for which the appropriations in this Act are provided, and that in the event of an extension of the Regular Session, the delay in the effective date of this Act beyond July 1, 1999 could work irreparable harm upon the proper administration and provision of essential governmental programs. Therefore, an emergency is hereby declared to exist and this Act being necessary for the immediate preservation of the public peace, health and safety shall be in full force and effect from and after July 1, 1999.”

Acts 2015, No. 1037, § 2: Apr. 4, 2015. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that funds from the Landfill Post-Closure Trust Fund will alleviate problems in waste tire facility closures due to lack of funds; and that this act is immediately necessary because delays in waste tire facility closure pose a danger to the public health and safety. Therefore, an emergency is declared to exist, and this act being immediately necessary for the preservation of the public peace, health, and safety shall become effective on: (1) The date of its approval by the Governor; (2) If the bill is neither approved nor vetoed by the Governor, the expiration of the period of time during which the Governor may veto the bill; or (3) If the bill is vetoed by the Governor and the veto is overridden, the date the last house overrides the veto.”

Acts 2019, No. 910, § 6346(b): July 1, 2019. Emergency clause provided: “It is found and determined by the General Assembly of the State of Arkansas that this act revises the duties of certain state entities; that this act establishes new departments of the state; that these revisions impact the expenses and operations of state government; and that the sections of this act other than the two uncodified sections of this act preceding the emergency clause titled ‘Funding and classification of cabinet-level department secretaries’ and ‘Transformation and Efficiencies Act transition team’ should become effective at the beginning of the fiscal year to allow for implementation of the new provisions at the beginning of the fiscal year. Therefore, an emergency is declared to exist, and Sections 1 through 6343 of this act being necessary for the preservation of the public peace, health, and safety shall become effective on July 1, 2019”.