§ 8-9-408. Accountability requirements for used tire programs — Business plans

(a) On or before December 31, 2017, a used tire program that receives funding under this subchapter shall provide the Arkansas Department of Environmental Quality, now the Division of Environmental Quality, with a business plan that establishes its current operating plan and a proposed operating plan for calendar year 2018 and approved by its board.

(b) The minimum required information for the business plan is:

1. (1) Current operation information to include:

   1. (A) An explanation of debt and debt repayment obligations, including scheduled payments;

   2. (B) A description of equipment used, including type, year manufactured, debt obligations related to the equipment, and whether it is leased or owned;

   3. (C) An explanation of contract obligations including the amount, length, and scope of the contract;

   4. (D) A description of how tires are managed, to include without limitation collection, transportation, and disposal or recycling;

   5. (E) An explanation of costs, including the cost of tire collection centers, other collection facilities, trailers, transfer stations, processing, mileage, fuel, and personnel; and

   6. (F) The number of tires currently on any property owned, leased, or otherwise controlled by each regional solid waste management district included in the used tire program; and

2. (2) Proposed operation costs for calendar year 2018, to include:

   1. (A) A description of how tires will be managed, to include without limitation collection, storage, transportation, and disposal or recycling;

   2. (B) Estimated cost of utilities, personnel, equipment, fees, leases, facilities, and any other costs related to the primary operation of the used tire program;

   3. (C) The capital improvement and maintenance plan with estimated expenditures and costs;

   4. (D) The estimated transportation cost including mileage, fuel, equipment, personnel, utilities, insurance, bonds, and fees;

   5. (E) The locations of all tire collection centers; and

   6. (F) The types of tires managed, to include recyclable tires, waste tires, and used tires culled for resale.

(c) A used tire program shall submit a revised business plan if there is a substantial change in the used tire program operations or if the division requests a revised business plan.

(d) A business plan or revised business plan submitted under this subchapter is effective after approval by the division or its designee.

(e)

1. (1) The approved business plan or approved revised business plan shall include the approved business plan rates for each used tire program.

2. (2)

   1. (A) The division shall cooperate with the used tire programs and other entities to develop each used tire program’s approved business plan rates for recyclable tires and waste tires.

   2. (B) The approved business plan rates shall also use the size of a tire, including without limitation small tires, large tires, and extra-large tires, as a factor for determining the approved business plan rates.