(a)
(1) Within eighteen (18) months after the date of enactment of this subchapter, the Arkansas Pollution Control and Ecology Commission shall, after consultation with the Advisory Committee on Petroleum Storage Tanks, adopt criteria for the disposal of petroleum-contaminated soils in landfills that are permitted under the Arkansas Solid Waste Management Act, § 8-6-201 et seq.
(2) In adopting such criteria, the commission shall follow the procedures applicable to the adoption of rules and regulations under § 8-4-202(a).
(b) The criteria adopted by the commission shall:
(1) Define the characteristics of the petroleum-contaminated soils that can be disposed of in permitted landfills;
(2) Define the characteristics of landfills suitable for receipt of petroleum-contaminated soils;
(3) Assure, to the extent practicable, that reasonable landfill capacity is available for disposal of petroleum-contaminated soils;
(4) Consider the financial impact of such criteria on small businesses which need to dispose of petroleum-contaminated soils;
(5) Consider whether affordable alternatives are available for the treatment or disposal of petroleum-contaminated soils; and
(6) Be protective of public health and the environment.
(c) The criteria adopted by the commission shall include a description of appropriate methods for collecting samples and conducting analyses of petroleum-contaminated soils that may be disposed of in permitted landfills to assure the representativeness of the soil mass.
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