HomeMy WebLinkAbout33-93 RESOLUTIONRESOLUTION NO. 11-93
A RESOLUTION URGING THE GENERAL ASSEMBLY OF
THE STATE OF ARKANSAS TO OPPOSE HOUSE BILL 1347
FOR AN ACT TO BE ENTITLED: "AN ACT TO AMEND
SUBCHAPTER 7 OF CHAPTER 6 OF TITLE 8 OF THE
ARKANSAS CODE PERTAINING TO REGIONAL SOLID
WASTE PLANNING DISTRICTS AND BOARDS; AND FOR
OTHER PURPOSES."
WHEREAS, the Arkansas Legislature in 1991 established in Subchapter 7 of Chapter 6
of Title 8 of the Arkansas Code the creation of Regional Solid Waste Management Districts, and
established procedures for such regional distracts to manage solid waste activities under the
direction of boards comprised of locally elected heads of eligible cities and counties; and
WHEREAS, House Bill 1347 would substantially amend Arkansas Code 8-6-701 and 8-6-
711(a) to effectively prohibit regional solid waste management districts from effectively
addressing for the overall benefit of their citizens the multitude of solid waste management
problems and issues unique to their respective areas; and
WHEREAS, concerns expressed by the sponsor of HB 1347 include: (1) limiting
governmental liability for future landfills which might be abandoned by developers, and (2)
prevention of a proliferation of unneeded landfills in the state; and
WHEREAS, these concerns are already sufficiently addressed by:
(1) Federal regulation EPA 40 CFR Parts 257 and 258 as published October 9, 1991, m
the Federal Register and commonly known as "Subtitle D" which mandate prior to permitting
financial assurances (annually adjusted for inflation) for post -closure care and corrective action
for a penod of 30 years, and
(2) Arkansas Code 8-6-705 which requires districts, under the review and approval of the
Arkansas Department of Pollution Control and Ecology, to conduct solid waste needs assessments
and to issue certificates of need to applicants for solid waste landfill permits. Certificates of need
must be consistent with the regional planning strategy adopted by the district board in the
regional needs assessment or regional solid waste management plan, and by law, such need for
new landfills must be based upon the district's excess projected capacity currently permitted not
to exceed 30 years
Therefore, the stated purposes of HB 1347 already are better addressed for the public's
overall benefit by existing law; and
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Resolution No. 33- 95
WHEREAS, HB 1347 states its specific intent is "to encourage districts to conserve
public resources and promote expansion of existmg facilities" (page one, lines 26-27), but would
instead render distracts ineffectual in their responsibility to conserve public resources; and
WHEREAS, HB 1347 would encourage expansion of existing landfills irrespective of the
existing landfill site's environmental suitability or consistency with regional solid waste
management plans; and
WHEREAS, HB 1347 would remove control of landfill permitting decisions from district
boards comprised of duly elected local officials representing the public interest and leave all
decisions regarding solid waste management to existing corporate solid waste systems motivated
principally by private profit rather than public good; and
WHEREAS, the City of Fayetteville, Arkansas wishes to jom with other municipalities,
counties, and regional and state agencies, and specifically with the Washington County Quorum
Court who passed a similar resolution on February 19, 1993, in opposing House Bill 1347.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council respectfully requests the members of the Seventy-
ninth General Assembly to reject passage of House Bill 1347, as well as other attempts to restrict
the nghts of regional districts, counties and local governments, which are under the guidance of
the publicly employed environmental professionals at the Arkansas Department of Pollution
Control and Ecology, to effectively deal with their own problems in the area of solid waste
management.
PASSED AND APPROVED this 2nd day of March , 1993.
ATTEST:
B
Sherry L" Thomas, City Clerk
APPROVED:
By:
,4
Dred Hanna, Mayor