(a) It is unlawful for a person to own or operate a household hazardous waste storage or processing center, as defined in § 8-6-203, without first obtaining from the Arkansas Department of Environmental Quality a transfer station permit or another permit that the department deems appropriate and that meets the requirements of this section.

(b)

(1) The department shall not issue, modify, or renew a permit for a household hazardous waste storage or processing center regulated under this section without the permit applicant's first demonstrating to the department's satisfaction the applicant's financial ability to ensure proper removal and disposal of household hazardous waste located at the household hazardous waste storage or processing center under this section.

(2) The amount of financial assurance required under this section shall be equal to or greater than one hundred fifty percent (150%) of a third party's cost of disposal of the maximum permitted amount of household hazardous waste at a facility permitted under the Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq., for the treatment, storage, and disposal of hazardous waste.

(3) A detailed disposal estimate under this section shall be prepared by an independent professional consultant.

(c) The permittee or applicant shall demonstrate financial ability to ensure proper removal and disposal of the household hazardous waste at its household hazardous waste storage or processing center by:

(1) Obtaining insurance that specifically covers the costs of disposal as required by this section;

(2) Obtaining a letter of credit;

(3) Obtaining a bond or other surety instrument;

(4) Creating a trust fund or escrow account;

(5) Combining any of the instruments in subdivisions (c)(1)-(4) of this section; or

(6) Any other financial instrument approved by the Director of the Arkansas Department of Environmental Quality.

(d) A financial instrument required by this section shall:

(1) Be posted to the benefit of the department;

(2) Provide that the financial instrument cannot be cancelled without sixty (60) days' prior written notice addressed to the department's legal division chief as evidenced by a signed, certified mail with a return receipt request; and

(3) Be reviewed by the department upon receipt of the cancellation notice to determine whether the department should initiate procedures to revoke or suspend the household hazardous waste storage or processing center's permit and whether the department should take possession of the funds guaranteed by the financial assurance mechanism.

(e) Before the department may release a financial assurance mechanism, the department shall inspect the household hazardous waste storage or processing center to determine to the department's satisfaction that no household hazardous waste is located at the household hazardous waste storage or processing center.

(f) The department is not responsible for the removal or disposal of household hazardous waste regulated under this section.

(g) Before an application for a permit is submitted to the department, a household hazardous waste storage or processing center shall apply for a certificate of need from the regional solid waste management board that has jurisdiction over the proposed site and shall follow the procedures and rules established under § 8-6-708.

(h) A household hazardous waste storage or processing center shall submit a permit application to the department within ninety (90) days of the approval of the certificate of need.

(i) If a certificate of need is not approved under subsection (j) of this section or a final determination is made by the department denying the permit application, the household hazardous waste storage or processing center shall cease all collection, storage, or processing activity and properly dispose of or recycle all materials within ninety (90) days.

(j) By October 1, 2011, each household hazardous waste storage or processing center operating before July 27, 2011 shall:

(1) Submit to the department a plan to remove and dispose of all household hazardous waste located at the household hazardous waste storage or processing center in accordance with this section;

(2) Submit to the department a detailed cost estimate to remove and dispose of the household hazardous waste located at the household hazardous waste storage or processing center that meets the requirements of this section and is approved by the department; and

(3) Obtain financial assurance in accordance with subdivision (b)(2) of this section.

(k) A household hazardous waste storage or processing center that is operating before July 27, 2011 is exempt from obtaining a certificate of need under subsection (g) of this section.

(l) A permit under this section is not required for recyclable materials collection centers or systems that are provided by a city, county, solid waste district, or regional solid waste management district that stores household hazardous waste in quantities of less than one hundred ten gallons (110 gal.) of each household hazardous waste, not to exceed an accumulated waste amount of five thousand gallons (5,000 gal.) of liquid waste or ten thousand pounds (10,000 lbs.) of nonliquid waste.