Anyone who treats or disposes of a hazardous waste, or who stores
these wastes longer than 90 days, must have a permit to do so. Arkansas Pollution
Control and Ecology Commission
Regulation 23 (Arkansas Hazardous
Waste Management Code) sets the operational standards for these permits, and the
procedure for obtaining them.
Permit Applications
Resource Conservation and Recovery Act (RCRA) permit applications
are lengthy documents with two parts - A and B:
- Part A:
- Part B:
- Technical details of the facility’s design and construction.
- Information required by APC&E Commission Regulation 23, Section 270
Permit Application Reviews
Administrative Review
- Application is first reviewed to ensure it is “administratively complete” -- that all required components are included.
- Technical merits are not considered at this time; this check is to see that we have all parts of the puzzle.
- Once the application is determined “complete”, ADEQ issues a public notice of its receipt.
Technical Review
- Detailed consideration of the technical merits and adequacy of each component of the permit application
- Determines if the proposed facility will be able to operate in full compliance with all legal and regulatory standards.
Draft Permit Decision
The draft permit sets out facility-specific operating requirements,
conditions, and standards which the facility must obey to remain in full legal and
regulatory compliance. If the proposed unit cannot meet and cannot be modified to
meet the State and RCRA standards, the Department may issue an “intent to deny permit”.
Public Notice of Draft Permit
- Draft permits receive a 45-day (minimum) public notice period during which both the facility and the public may review and comment on the proposed permit conditions.
- Notice is published in print and broadcast media; copies of the permit are placed in state repositories for public access and review.
Public Hearing
- For commercial facilities: within 30-40 days of the public notice, ADEQ holds a public hearing in the facility’s community.
- For noncommercial facilities: the need for a public hearing is determined on a case-by-case basis.
- Both oral and written comments are accepted.
- Other than the applicant, a person must comment on the record in order to appeal a final permit decision.
Response to Comments
- After the close of the comment period, ADEQ collects and considers all comments received.
- ADEQ addresses and responds in writing to all comments in a “responsiveness summary” published with the final permit decision.
Final Decision and Issuance of Permit
- The draft permit is amended as needed (based on all comments received) and a final document is completed.
- The HWD chief signs the final permit for the Department and forwards it to the facility.
- Permit is effective on the date of service, and is valid for 10 years.
- A copy of the Notice of Final Decision is sent to each commenter.
Appeals Process
Where To Get More Information
- Arkansas Pollution Control and Ecology Commission Regulation 23, Section 270
- Arkansas Pollution Control and Ecology Commission Regulation 8, Section 2.1
- ADEQ Hazardous Waste Permits handbook
- Call the Hazardous Waste Division at (501) 682-0833.
