Landfill Post-Closure Trust Fund Summary

Prior to 1991, landfills in Arkansas, although regulated for the previous 20 years, generally did not include provisions for maintenance and monitoring activities once the facilities had been closed. Arkansas Act 747 of 1991 created the Landfill Post-Closure Trust Fund to address pollution problems at some of these closed facilities.

The fund, supported by fees collected on solid wastes disposed of in Arkansas, is designed to generate money sufficient to address post-closure problems at landfills that were certified closed according to regulations that were in effect at the time of closure. The law calls for up to $25 million to be collected, at which point the fees are suspended until the balance of the fund drops below $15 million, triggering the resumption of fee collection.

ADEQ is charged with administering the fund, determining when qualifying facilities become eligible for spending trust fund money for corrective action, hiring qualified contractors to do the remedial work, and overseeing the projects.

Newer landfills permitted in Arkansas are required to include closure plans and furnish bonds adequate to properly close the facilities and provide for post-closure maintenance and monitoring. However, numerous older facilities, most of which have now been closed for years, were permitted prior to the establishment of more stringent bonding and closure requirements, and it is anticipated that a number of these older landfills will need assistance from the trust fund in future years.