Creation of new regional districts

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  1. (a)

    1. (1)

      1. (A) After notification of the appropriate regional solid waste management board or boards, the Arkansas Pollution Control and Ecology Commission may designate a county or counties within each regional solid waste management district or counties within two (2) or more districts as a new district pursuant to the limitations of this section.

      2. (B) New districts shall be designated for purposes that address local exigencies, needs, and other requirements of this subchapter.

      3. (C) A district shall only be composed of whole county jurisdictions, and each district shall contain more than one (1) county unless that county has a population of:

        1. (i)

          1. (a) At least fifty thousand (50,000) according to the most recent federal decennial census.

          2. (b) However, a single-county district that has been approved under this section shall not cease to be a valid district under this section if the population of the single county composing the district is determined to be less than fifty thousand (50,000) according to a federal decennial census occurring after the approval of the single-county district; or

        2. (ii) At least twenty-five thousand (25,000) according to the most recent federal decennial census and the county is served by one (1) county sanitation authority under § 14-233-104.

    2. (2) Commission approval of district boundaries shall be sought and obtained pursuant to administrative procedures promulgated by the commission.

  2. (b)

    1. (1) Counties and municipalities included in a new or revised district shall cease to be members of any other district.

    2. (2) The term of a board member representing a county or municipality shall immediately expire upon the inclusion of the county or municipality within a new district.

  3. (c) After notification of the appropriate boards, the commission, upon the request of a county or district, may transfer a county into an existing district.


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