Ark. Code Ann. § 8-6-2010 — AR Code / Title 8 / Chapter 6 / Subchapter 20 / Section 8-6-2010
Applicant eligibility - Training and examination - Certification fees
Status: in_force

(a) (1) An individual is eligible to apply for initial training as an environmental officer if the individual is a current employee of a municipality, city, county, regional solid waste management district, or state agency, board, or commission. (2) The Director of the Division of Environmental Quality shall make the final determination on eligibility. (b) (1) The Division of Environmental Quality shall designate approved environmental officer training and examination programs for eligible applicants and for annual renewals of the environmental certificate of a certified environmental officer. (2) An eligible applicant or a certified environmental officer is responsible for payment of costs associated with his or her required training and examination. (c) (1) For initial certification of an environmental officer, the division shall require from an applicant: (A) Proof of completed training and a passing score on the examination from a division-approved environmental officer training and examination program; and (B) Payment of a fee of fifty dollars ($50.00). (2) For annual renewal of the environmental officer certificate, the division shall require from a certified environmental officer: (A) Proof of completed continuing education from an approved environmental officer training program in compliance with all applicable rules of the Arkansas Pollution Control and Ecology Commission; and (B) Payment of a fee of twenty-five dollars ($25.00). Added by Act 2019, No. 1067,§ 1, eff. 7/24/2019.

(a) (1) An individual is eligible to apply for initial training as an environmental officer if the individual is a current employee of a municipality, city, county, regional solid waste management district, or state agency, board, or commission. (2) The Director of the Division of Environmental Quality shall make the final determination on eligibility.

(1) An individual is eligible to apply for initial training as an environmental officer if the individual is a current employee of a municipality, city, county, regional solid waste management district, or state agency, board, or commission.

(2) The Director of the Division of Environmental Quality shall make the final determination on eligibility.

(b) (1) The Division of Environmental Quality shall designate approved environmental officer training and examination programs for eligible applicants and for annual renewals of the environmental certificate of a certified environmental officer. (2) An eligible applicant or a certified environmental officer is responsible for payment of costs associated with his or her required training and examination.

(1) The Division of Environmental Quality shall designate approved environmental officer training and examination programs for eligible applicants and for annual renewals of the environmental certificate of a certified environmental officer.

(2) An eligible applicant or a certified environmental officer is responsible for payment of costs associated with his or her required training and examination.

(c) (1) For initial certification of an environmental officer, the division shall require from an applicant: (A) Proof of completed training and a passing score on the examination from a division-approved environmental officer training and examination program; and (B) Payment of a fee of fifty dollars ($50.00). (2) For annual renewal of the environmental officer certificate, the division shall require from a certified environmental officer: (A) Proof of completed continuing education from an approved environmental officer training program in compliance with all applicable rules of the Arkansas Pollution Control and Ecology Commission; and (B) Payment of a fee of twenty-five dollars ($25.00).

(1) For initial certification of an environmental officer, the division shall require from an applicant: (A) Proof of completed training and a passing score on the examination from a division-approved environmental officer training and examination program; and (B) Payment of a fee of fifty dollars ($50.00).

(A) Proof of completed training and a passing score on the examination from a division-approved environmental officer training and examination program; and

(B) Payment of a fee of fifty dollars ($50.00).

(2) For annual renewal of the environmental officer certificate, the division shall require from a certified environmental officer: (A) Proof of completed continuing education from an approved environmental officer training program in compliance with all applicable rules of the Arkansas Pollution Control and Ecology Commission; and (B) Payment of a fee of twenty-five dollars ($25.00).

(A) Proof of completed continuing education from an approved environmental officer training program in compliance with all applicable rules of the Arkansas Pollution Control and Ecology Commission; and

(B) Payment of a fee of twenty-five dollars ($25.00).

Added by Act 2019, No. 1067,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 8-9-710 — AR Code / Title 8 / Chapter 9 / Subchapter 7 / Section 8-9-710
[Repealed]
Status: repealed

Repealed by Act 2023, No. 676,§ 1, eff. 8/1/2023. Added by Act 2021, No. 839,§ 1, eff. 7/28/2021.

Repealed by Act 2023, No. 676,§ 1, eff. 8/1/2023.

Added by Act 2021, No. 839,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 8-6-1403 — AR Code / Title 8 / Chapter 6 / Subchapter 14 / Section 8-6-1403
Rules
Status: in_force

The Arkansas Pollution Control and Ecology Commission shall adopt rules for specific criteria: (1) To limit any person, partnership, company, corporation, or other entity from building, erecting, or constructing any house or building for residential purposes upon any land used as or which has been used as a solid waste landfill; and (2) To identify those houses and other buildings located on any land used as or which has been used as a solid waste landfill and are currently being used for residential purposes and to limit their future use for residential purposes. Amended by Act 2019, No. 315,§ 581, eff. 7/24/2019. Acts 1993, No. 718, § 3.

The Arkansas Pollution Control and Ecology Commission shall adopt rules for specific criteria:

(1) To limit any person, partnership, company, corporation, or other entity from building, erecting, or constructing any house or building for residential purposes upon any land used as or which has been used as a solid waste landfill; and

(2) To identify those houses and other buildings located on any land used as or which has been used as a solid waste landfill and are currently being used for residential purposes and to limit their future use for residential purposes.

Amended by Act 2019, No. 315,§ 581, eff. 7/24/2019.

Acts 1993, No. 718, § 3.
Ark. Code Ann. § 8-7-205 — AR Code / Title 8 / Chapter 7 / Subchapter 2 / Section 8-7-205
Unlawful actions
Status: in_force

It shall be unlawful for any person to: (1) Violate any provisions of this subchapter or of any rule, permit, or order adopted or issued under this subchapter; (2) Knowingly make any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this subchapter or falsify, tamper with, or knowingly render inaccurate any monitoring device or method required to be maintained under this subchapter or any rules adopted pursuant thereto; (3) Dispose of hazardous waste at any disposal site or facility other than one for which a permit has been issued by the Division of Environmental Quality pursuant to this subchapter; or (4) Store, collect, transport, treat, or dispose of any hazardous waste contrary to the rules, permits, or orders issued under this subchapter or in such a manner or place as to create or as is likely to be created a public nuisance or a public health hazard or to cause or is likely to cause water or air pollution within the meaning of the Arkansas Water and Air Pollution Control Act, § 8-4-101 et seq. Amended by Act 2019, No. 315,§ 604, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 603, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2717, eff. 7/1/2019. Acts 1979, No. 406, § 12; A.S.A. 1947, § 82-4212.

It shall be unlawful for any person to:

(1) Violate any provisions of this subchapter or of any rule, permit, or order adopted or issued under this subchapter;

(2) Knowingly make any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this subchapter or falsify, tamper with, or knowingly render inaccurate any monitoring device or method required to be maintained under this subchapter or any rules adopted pursuant thereto;

(3) Dispose of hazardous waste at any disposal site or facility other than one for which a permit has been issued by the Division of Environmental Quality pursuant to this subchapter; or

(4) Store, collect, transport, treat, or dispose of any hazardous waste contrary to the rules, permits, or orders issued under this subchapter or in such a manner or place as to create or as is likely to be created a public nuisance or a public health hazard or to cause or is likely to cause water or air pollution within the meaning of the Arkansas Water and Air Pollution Control Act, § 8-4-101 et seq.

Amended by Act 2019, No. 315,§ 604, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 603, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2717, eff. 7/1/2019.

Acts 1979, No. 406, § 12; A.S.A. 1947, § 82-4212.
Ark. Code Ann. § 8-1-104 — AR Code / Title 8 / Chapter 1 / Subchapter 1 / Section 8-1-104
Existing rules
Status: in_force

All existing rules of the Division of Environmental Quality not inconsistent with the provisions of this chapter relating to subjects embraced within this chapter shall remain in full force and effect until expressly repealed, amended, or superseded if the rules do not conflict with the provisions of this chapter. Amended by Act 2019, No. 315,§ 427, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2423, eff. 7/1/2019. Acts 1983, No. 817, § 6; A.S.A. 1947, § 82-1921.

All existing rules of the Division of Environmental Quality not inconsistent with the provisions of this chapter relating to subjects embraced within this chapter shall remain in full force and effect until expressly repealed, amended, or superseded if the rules do not conflict with the provisions of this chapter.

Amended by Act 2019, No. 315,§ 427, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2423, eff. 7/1/2019.

Acts 1983, No. 817, § 6; A.S.A. 1947, § 82-1921.
Ark. Code Ann. § 8-6-2017 — AR Code / Title 8 / Chapter 6 / Subchapter 20 / Section 8-6-2017
Fines and costs
Status: in_force

(a) If fines and costs are not paid for judgments for violations of this chapter, the party that has not paid the fines and costs is subject to an administrative or civil enforcement action under law or rule, or both. (b) Sanctions for nonpayment may include administrative, civil, or criminal penalties as provided in the applicable law or rule, or both. Amended by Act 2021, No. 749,§ 13, eff. 7/28/2021. Added by Act 2019, No. 1067,§ 1, eff. 7/24/2019.

(a) If fines and costs are not paid for judgments for violations of this chapter, the party that has not paid the fines and costs is subject to an administrative or civil enforcement action under law or rule, or both.

(b) Sanctions for nonpayment may include administrative, civil, or criminal penalties as provided in the applicable law or rule, or both.

Amended by Act 2021, No. 749,§ 13, eff. 7/28/2021.

Added by Act 2019, No. 1067,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 8-6-807 — AR Code / Title 8 / Chapter 6 / Subchapter 8 / Section 8-6-807
Bonds - Liability - Payment and security
Status: in_force

(a) It shall be plainly stated on the face of each bond that it has been issued under the provisions of this subchapter and that the bonds are obligations only of the regional solid waste management district. (b) No member of the regional solid waste management board shall be personally liable on the bonds or for any damages sustained by anyone in connection with any contracts entered into in carrying out the purpose and intent of this subchapter unless he or she shall have acted with corrupt intent. (c) The principal of and interest on the bonds shall be payable from and may be secured by a pledge of revenues derived from the project acquired, constructed, reconstructed, equipped, extended, or improved, in whole or in part, with the proceeds of the bonds or obligations of the owners of projects. Acts 1991, No. 752, § 4.

(a) It shall be plainly stated on the face of each bond that it has been issued under the provisions of this subchapter and that the bonds are obligations only of the regional solid waste management district.

(b) No member of the regional solid waste management board shall be personally liable on the bonds or for any damages sustained by anyone in connection with any contracts entered into in carrying out the purpose and intent of this subchapter unless he or she shall have acted with corrupt intent.

(c) The principal of and interest on the bonds shall be payable from and may be secured by a pledge of revenues derived from the project acquired, constructed, reconstructed, equipped, extended, or improved, in whole or in part, with the proceeds of the bonds or obligations of the owners of projects.

Acts 1991, No. 752, § 4.
Ark. Code Ann. § 8-6-609 — AR Code / Title 8 / Chapter 6 / Subchapter 6 / Section 8-6-609
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1333,§ 3, eff. 8/16/2013. Acts 1989, No. 849, § 9; 1989, No. 934, § 9; 1991, No. 749, § 5; 1992 (1st Ex. Sess.), No. 8, § 2; 1993, No. 1030, § 1; 1995, No. 463, § 1; 1999, No. 428, § 1; 2001, No. 70, § 1; 2003, No. 1027, § 1; 2005, No. 1325, § 1; 2011, No. 819, §§ 3, 4.

Repealed by Act 2013, No. 1333,§ 3, eff. 8/16/2013.

Acts 1989, No. 849, § 9; 1989, No. 934, § 9; 1991, No. 749, § 5; 1992 (1st Ex. Sess.), No. 8, § 2; 1993, No. 1030, § 1; 1995, No. 463, § 1; 1999, No. 428, § 1; 2001, No. 70, § 1; 2003, No. 1027, § 1; 2005, No. 1325, § 1; 2011, No. 819, §§ 3, 4.
Ark. Code Ann. § 8-4-310 — AR Code / Title 8 / Chapter 4 / Subchapter 3 / Section 8-4-310
Unlawful actions
Status: in_force

(a) It is a misdemeanor punishable under § 8-4-103 : (1) To knowingly cause air pollution as defined in § 8-4-303 ; (2) To construct, install, use, or operate any source capable of emitting air contaminants without having first obtained a permit to do so, if required by rule of the Arkansas Pollution Control and Ecology Commission, or to do so contrary to the provisions of any permit issued by the Division of Environmental Quality or after any such permit has been suspended or revoked; or (3) To violate any rule or order of the commission issued pursuant to this chapter. (b) The liabilities imposed for violation of subdivisions (a)(1)-(3) of this section or any other provision of this chapter shall not apply with respect to any unintended violation caused by war, strike, riot, or other catastrophe, or accidental breakdown of equipment if promptly repaired. Amended by Act 2019, No. 315,§ 489, eff. 7/24/2019. Amended by Act 2019, No. 693,§ 10, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2526, eff. 7/1/2019. Acts 1949, No. 472, [Part 2], § 8, as added by Acts 1965, No. 183, § 7; A.S.A. 1947, § 82-1938; Acts 1997, No. 1219, § 6.

(a) It is a misdemeanor punishable under § 8-4-103 : (1) To knowingly cause air pollution as defined in § 8-4-303 ; (2) To construct, install, use, or operate any source capable of emitting air contaminants without having first obtained a permit to do so, if required by rule of the Arkansas Pollution Control and Ecology Commission, or to do so contrary to the provisions of any permit issued by the Division of Environmental Quality or after any such permit has been suspended or revoked; or (3) To violate any rule or order of the commission issued pursuant to this chapter.

(1) To knowingly cause air pollution as defined in § 8-4-303 ;

(2) To construct, install, use, or operate any source capable of emitting air contaminants without having first obtained a permit to do so, if required by rule of the Arkansas Pollution Control and Ecology Commission, or to do so contrary to the provisions of any permit issued by the Division of Environmental Quality or after any such permit has been suspended or revoked; or

(3) To violate any rule or order of the commission issued pursuant to this chapter.

(b) The liabilities imposed for violation of subdivisions (a)(1)-(3) of this section or any other provision of this chapter shall not apply with respect to any unintended violation caused by war, strike, riot, or other catastrophe, or accidental breakdown of equipment if promptly repaired.

Amended by Act 2019, No. 315,§ 489, eff. 7/24/2019.

Amended by Act 2019, No. 693,§ 10, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2526, eff. 7/1/2019.

Acts 1949, No. 472, [Part 2], § 8, as added by Acts 1965, No. 183, § 7; A.S.A. 1947, § 82-1938; Acts 1997, No. 1219, § 6.
Ark. Code Ann. § 8-10-402 — AR Code / Title 8 / Chapter 10 / Subchapter 4 / Section 8-10-402
Legislative findings and purpose
Status: in_force

(a) The General Assembly finds that: (1) Clean water resources are essential to being able to effectively provide economic opportunities in the state; and (2) Protecting the water resources of the state will improve Arkansas's ability to promote the abundant assets of the state as the land of opportunity and encourage the development of additional economic opportunities in Arkansas. (b) The purpose of this subchapter is to encourage petroleum pipeline owners and operators to work with the state to protect and improve water resources and economic opportunities in Arkansas by reducing the risk of pipeline petroleum spills into the public surface water drinking supplies in the state. Added by Act 2013, No. 1484,§ 1, eff. 8/16/2013.

(a) The General Assembly finds that: (1) Clean water resources are essential to being able to effectively provide economic opportunities in the state; and (2) Protecting the water resources of the state will improve Arkansas's ability to promote the abundant assets of the state as the land of opportunity and encourage the development of additional economic opportunities in Arkansas.

(1) Clean water resources are essential to being able to effectively provide economic opportunities in the state; and

(2) Protecting the water resources of the state will improve Arkansas's ability to promote the abundant assets of the state as the land of opportunity and encourage the development of additional economic opportunities in Arkansas.

(b) The purpose of this subchapter is to encourage petroleum pipeline owners and operators to work with the state to protect and improve water resources and economic opportunities in Arkansas by reducing the risk of pipeline petroleum spills into the public surface water drinking supplies in the state.

Added by Act 2013, No. 1484,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 8-7-210 — AR Code / Title 8 / Chapter 7 / Subchapter 2 / Section 8-7-210
Existing rules, etc
Status: in_force

(a) All existing rules of the Division of Environmental Quality not inconsistent with the provisions of this subchapter relating to subjects embraced within this subchapter shall remain in full force and effect until expressly repealed, amended, or superseded by the Arkansas Pollution Control and Ecology Commission, insofar as the rules do not conflict with the provisions of this subchapter. (b) All orders entered, permits granted, and pending legal proceedings instituted by the division relating to subjects embraced within this subchapter shall remain unimpaired and in full force and effect until superseded by actions taken by the division or commission under this subchapter. (c) No existing civil or criminal remedies, public or private, for any wrongful action shall be excluded or impaired by this subchapter. (d) The provisions of this subchapter and the rules promulgated pursuant to this subchapter shall govern if they conflict with the provisions of the Arkansas Water and Air Pollution Control Act, § 8-4-101 et seq., or the Arkansas Solid Waste Management Act, § 8-6-201 et seq., or any action taken by the division or commission under those laws. Amended by Act 2019, No. 315,§ 613, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 612, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2726, eff. 7/1/2019. Acts 1979, No. 406, § 15; A.S.A. 1947, § 82-4215.

(a) All existing rules of the Division of Environmental Quality not inconsistent with the provisions of this subchapter relating to subjects embraced within this subchapter shall remain in full force and effect until expressly repealed, amended, or superseded by the Arkansas Pollution Control and Ecology Commission, insofar as the rules do not conflict with the provisions of this subchapter.

(b) All orders entered, permits granted, and pending legal proceedings instituted by the division relating to subjects embraced within this subchapter shall remain unimpaired and in full force and effect until superseded by actions taken by the division or commission under this subchapter.

(c) No existing civil or criminal remedies, public or private, for any wrongful action shall be excluded or impaired by this subchapter.

(d) The provisions of this subchapter and the rules promulgated pursuant to this subchapter shall govern if they conflict with the provisions of the Arkansas Water and Air Pollution Control Act, § 8-4-101 et seq., or the Arkansas Solid Waste Management Act, § 8-6-201 et seq., or any action taken by the division or commission under those laws.

Amended by Act 2019, No. 315,§ 613, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 612, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2726, eff. 7/1/2019.

Acts 1979, No. 406, § 15; A.S.A. 1947, § 82-4215.
Ark. Code Ann. § 8-7-221 — AR Code / Title 8 / Chapter 7 / Subchapter 2 / Section 8-7-221
Permits - Revocation
Status: in_force

Any permit issued under §§ 8-7-215 - 8-7-220 shall be subject to revocation for failure of the permittee to comply with the terms and conditions of the permit, the rules of the Division of Environmental Quality applicable thereto, or the provisions of this subchapter. Amended by Act 2019, No. 315,§ 618, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2737, eff. 7/1/2019. Acts 1979, No. 406, § 5; A.S.A. 1947, § 82-4205.

Any permit issued under §§ 8-7-215 - 8-7-220 shall be subject to revocation for failure of the permittee to comply with the terms and conditions of the permit, the rules of the Division of Environmental Quality applicable thereto, or the provisions of this subchapter.

Amended by Act 2019, No. 315,§ 618, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2737, eff. 7/1/2019.

Acts 1979, No. 406, § 5; A.S.A. 1947, § 82-4205.
Ark. Code Ann. § 8-6-1203 — AR Code / Title 8 / Chapter 6 / Subchapter 12 / Section 8-6-1203
Definitions
Status: in_force

As used in this subchapter, unless the context otherwise requires: (1) "Incinerator ash" means any tangible residue resulting from the incineration of solid waste; (2) "Monofill" means a waste disposal facility specifically designed for the sole disposal of incinerator ash; (3) "Person" means any state agency, municipality, governmental subdivision of the state or the United States, public or private corporation, individual, partnership, association, or other entity; and (4) "Petroleum-contaminated soils" means those soils which have been physically, chemically, or biologically altered by gasoline, diesel, kerosene, heating oil, jet fuel, or any other petroleum product. Acts 1991, No. 1183, § 2.

As used in this subchapter, unless the context otherwise requires:

(1) "Incinerator ash" means any tangible residue resulting from the incineration of solid waste;

(2) "Monofill" means a waste disposal facility specifically designed for the sole disposal of incinerator ash;

(3) "Person" means any state agency, municipality, governmental subdivision of the state or the United States, public or private corporation, individual, partnership, association, or other entity; and

(4) "Petroleum-contaminated soils" means those soils which have been physically, chemically, or biologically altered by gasoline, diesel, kerosene, heating oil, jet fuel, or any other petroleum product.

Acts 1991, No. 1183, § 2.
Ark. Code Ann. § 8-7-1404 — AR Code / Title 8 / Chapter 7 / Subchapter 14 / Section 8-7-1404
Recordkeeping required
Status: in_force

(a) The Division of Environmental Quality shall maintain records concerning properties contaminated through the manufacture of controlled substances. (b) The division shall: (1) Create a list of properties contaminated through the manufacture of controlled substances; (2) Place a contaminated property on the contaminated properties list; (3) Not determine that a property has been adequately remediated unless: (A) The inspection, sampling, remediation, and removal of contaminated materials is performed: (i) By or under the direction and responsible charge of an individual who has obtained a certification under the rules established by the Arkansas Pollution Control and Ecology Commission under this subchapter; or (ii) By an employee of a public agency that has the responsibility of regulatory enforcement, emergency response, the protection of public health and welfare, or the protection of the environment while the employee is acting in the course of that employment; and (B) The property has met the remediation standards developed by the division; (4) (A) Post the results of a cleanup on the division's website for ten (10) working days after the division determines that the property has been adequately remediated. (B) After the ten (10) working days of posting required under subdivision (b)(4)(A) of this section, the division shall remove from the division's website the formerly contaminated property and the results of the cleanup; and (5) Remove a property from the list when the division finds that the property has been adequately remediated. (c) (1) The division shall make the list of properties contaminated through the manufacture of controlled substances available to law enforcement officials and to the public: (A) On the division's website; and (B) In hard copy upon request to the division. (2) The division shall keep hard copies of the information required under this section until the division has removed the property from the list of properties contaminated through the manufacture of controlled substances. Amended by Act 2019, No. 910,§ 2848, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2847, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2846, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2845, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2844, eff. 7/1/2019. Acts 2007, No. 864, § 1; 2009, No. 1199, § 10.

(a) The Division of Environmental Quality shall maintain records concerning properties contaminated through the manufacture of controlled substances.

(b) The division shall: (1) Create a list of properties contaminated through the manufacture of controlled substances; (2) Place a contaminated property on the contaminated properties list; (3) Not determine that a property has been adequately remediated unless: (A) The inspection, sampling, remediation, and removal of contaminated materials is performed: (i) By or under the direction and responsible charge of an individual who has obtained a certification under the rules established by the Arkansas Pollution Control and Ecology Commission under this subchapter; or (ii) By an employee of a public agency that has the responsibility of regulatory enforcement, emergency response, the protection of public health and welfare, or the protection of the environment while the employee is acting in the course of that employment; and (B) The property has met the remediation standards developed by the division; (4) (A) Post the results of a cleanup on the division's website for ten (10) working days after the division determines that the property has been adequately remediated. (B) After the ten (10) working days of posting required under subdivision (b)(4)(A) of this section, the division shall remove from the division's website the formerly contaminated property and the results of the cleanup; and (5) Remove a property from the list when the division finds that the property has been adequately remediated.

(1) Create a list of properties contaminated through the manufacture of controlled substances;

(2) Place a contaminated property on the contaminated properties list;

(3) Not determine that a property has been adequately remediated unless: (A) The inspection, sampling, remediation, and removal of contaminated materials is performed: (i) By or under the direction and responsible charge of an individual who has obtained a certification under the rules established by the Arkansas Pollution Control and Ecology Commission under this subchapter; or (ii) By an employee of a public agency that has the responsibility of regulatory enforcement, emergency response, the protection of public health and welfare, or the protection of the environment while the employee is acting in the course of that employment; and (B) The property has met the remediation standards developed by the division;

(A) The inspection, sampling, remediation, and removal of contaminated materials is performed: (i) By or under the direction and responsible charge of an individual who has obtained a certification under the rules established by the Arkansas Pollution Control and Ecology Commission under this subchapter; or (ii) By an employee of a public agency that has the responsibility of regulatory enforcement, emergency response, the protection of public health and welfare, or the protection of the environment while the employee is acting in the course of that employment; and

(i) By or under the direction and responsible charge of an individual who has obtained a certification under the rules established by the Arkansas Pollution Control and Ecology Commission under this subchapter; or

(ii) By an employee of a public agency that has the responsibility of regulatory enforcement, emergency response, the protection of public health and welfare, or the protection of the environment while the employee is acting in the course of that employment; and

(B) The property has met the remediation standards developed by the division;

(4) (A) Post the results of a cleanup on the division's website for ten (10) working days after the division determines that the property has been adequately remediated. (B) After the ten (10) working days of posting required under subdivision (b)(4)(A) of this section, the division shall remove from the division's website the formerly contaminated property and the results of the cleanup; and

(A) Post the results of a cleanup on the division's website for ten (10) working days after the division determines that the property has been adequately remediated.

(B) After the ten (10) working days of posting required under subdivision (b)(4)(A) of this section, the division shall remove from the division's website the formerly contaminated property and the results of the cleanup; and

(5) Remove a property from the list when the division finds that the property has been adequately remediated.

(c) (1) The division shall make the list of properties contaminated through the manufacture of controlled substances available to law enforcement officials and to the public: (A) On the division's website; and (B) In hard copy upon request to the division. (2) The division shall keep hard copies of the information required under this section until the division has removed the property from the list of properties contaminated through the manufacture of controlled substances.

(1) The division shall make the list of properties contaminated through the manufacture of controlled substances available to law enforcement officials and to the public: (A) On the division's website; and (B) In hard copy upon request to the division.

(A) On the division's website; and

(B) In hard copy upon request to the division.

(2) The division shall keep hard copies of the information required under this section until the division has removed the property from the list of properties contaminated through the manufacture of controlled substances.

Amended by Act 2019, No. 910,§ 2848, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2847, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2846, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2845, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2844, eff. 7/1/2019.

Acts 2007, No. 864, § 1; 2009, No. 1199, § 10.
Ark. Code Ann. § 8-3-201 — AR Code / Title 8 / Chapter 3 / Subchapter 2 / Section 8-3-201
Findings - Purpose
Status: in_force

(a) The General Assembly finds that: (1) The United States Environmental Protection Agency has proposed emission guidelines for the regulation of carbon dioxide emissions from existing fossil-fuel-fired electric generating units under § 111(d) of the Clean Air Act, 42 U.S.C. § 7411(d) ; (2) The proposed guidelines will have a major impact on the economy of Arkansas by regulating how electricity is produced, transmitted, distributed, and consumed within the state; (3) The United States Environmental Protection Agency requires states to take the lead role in the regulation of existing fossil-fuel-fired electric generating units under § 111(d) of the Clean Air Act, 42 U.S.C. § 7411(d) , by developing state plans for the establishment and implementation of performance standards for reducing carbon dioxide emissions from fossil-fuel-fired electric generating units; (4) The role of the United States Environmental Protection Agency is limited to establishing federal emission guidelines that assist the states in the development of their state plans to regulate carbon dioxide emissions from existing fossil-fuel-fired electric generating units and, in establishing federal emission guidelines, the United States Environmental Protection Agency must defer to the states regarding methods for regulating fossil-fuel-fired electric generating units within their jurisdictions; and (5) This subchapter expresses the intent of the General Assembly to exercise the powers of the General Assembly under Arkansas Constitution, Article 5, § 42, to: (A) Review and approve state agency rules; (B) Ensure that rules become effective only after review and approval by the legislative committee charged with review of the rules; and (C) Review rules during the interim or a regular, special, or fiscal session of the General Assembly. (b) The purpose of this subchapter is to ensure that: (1) Before the submission of a state plan to the United States Environmental Protection Agency, the rules of the Arkansas Pollution Control and Ecology Commission that implement the state plan are reviewed and approved by the General Assembly through the Legislative Council consistent with Arkansas Constitution, Article 5, § 42, and any laws promulgated pursuant to Arkansas Constitution, Article 5, § 42; and (2) The state plan is reviewed through a transparent public process that assesses the full impact of the state plan on rates, reliability, and employment. (c) This subchapter does not create a private right of action for enforcement purposes. Amended by Act 2021, No. 639,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 315,§ 445, eff. 7/24/2019. Added by Act 2015, No. 382,§ 1, eff. 7/22/2015.

(a) The General Assembly finds that: (1) The United States Environmental Protection Agency has proposed emission guidelines for the regulation of carbon dioxide emissions from existing fossil-fuel-fired electric generating units under § 111(d) of the Clean Air Act, 42 U.S.C. § 7411(d) ; (2) The proposed guidelines will have a major impact on the economy of Arkansas by regulating how electricity is produced, transmitted, distributed, and consumed within the state; (3) The United States Environmental Protection Agency requires states to take the lead role in the regulation of existing fossil-fuel-fired electric generating units under § 111(d) of the Clean Air Act, 42 U.S.C. § 7411(d) , by developing state plans for the establishment and implementation of performance standards for reducing carbon dioxide emissions from fossil-fuel-fired electric generating units; (4) The role of the United States Environmental Protection Agency is limited to establishing federal emission guidelines that assist the states in the development of their state plans to regulate carbon dioxide emissions from existing fossil-fuel-fired electric generating units and, in establishing federal emission guidelines, the United States Environmental Protection Agency must defer to the states regarding methods for regulating fossil-fuel-fired electric generating units within their jurisdictions; and (5) This subchapter expresses the intent of the General Assembly to exercise the powers of the General Assembly under Arkansas Constitution, Article 5, § 42, to: (A) Review and approve state agency rules; (B) Ensure that rules become effective only after review and approval by the legislative committee charged with review of the rules; and (C) Review rules during the interim or a regular, special, or fiscal session of the General Assembly.

(1) The United States Environmental Protection Agency has proposed emission guidelines for the regulation of carbon dioxide emissions from existing fossil-fuel-fired electric generating units under § 111(d) of the Clean Air Act, 42 U.S.C. § 7411(d) ;

(2) The proposed guidelines will have a major impact on the economy of Arkansas by regulating how electricity is produced, transmitted, distributed, and consumed within the state;

(3) The United States Environmental Protection Agency requires states to take the lead role in the regulation of existing fossil-fuel-fired electric generating units under § 111(d) of the Clean Air Act, 42 U.S.C. § 7411(d) , by developing state plans for the establishment and implementation of performance standards for reducing carbon dioxide emissions from fossil-fuel-fired electric generating units;

(4) The role of the United States Environmental Protection Agency is limited to establishing federal emission guidelines that assist the states in the development of their state plans to regulate carbon dioxide emissions from existing fossil-fuel-fired electric generating units and, in establishing federal emission guidelines, the United States Environmental Protection Agency must defer to the states regarding methods for regulating fossil-fuel-fired electric generating units within their jurisdictions; and

(5) This subchapter expresses the intent of the General Assembly to exercise the powers of the General Assembly under Arkansas Constitution, Article 5, § 42, to: (A) Review and approve state agency rules; (B) Ensure that rules become effective only after review and approval by the legislative committee charged with review of the rules; and (C) Review rules during the interim or a regular, special, or fiscal session of the General Assembly.

(A) Review and approve state agency rules;

(B) Ensure that rules become effective only after review and approval by the legislative committee charged with review of the rules; and

(C) Review rules during the interim or a regular, special, or fiscal session of the General Assembly.

(b) The purpose of this subchapter is to ensure that: (1) Before the submission of a state plan to the United States Environmental Protection Agency, the rules of the Arkansas Pollution Control and Ecology Commission that implement the state plan are reviewed and approved by the General Assembly through the Legislative Council consistent with Arkansas Constitution, Article 5, § 42, and any laws promulgated pursuant to Arkansas Constitution, Article 5, § 42; and (2) The state plan is reviewed through a transparent public process that assesses the full impact of the state plan on rates, reliability, and employment.

(1) Before the submission of a state plan to the United States Environmental Protection Agency, the rules of the Arkansas Pollution Control and Ecology Commission that implement the state plan are reviewed and approved by the General Assembly through the Legislative Council consistent with Arkansas Constitution, Article 5, § 42, and any laws promulgated pursuant to Arkansas Constitution, Article 5, § 42; and

(2) The state plan is reviewed through a transparent public process that assesses the full impact of the state plan on rates, reliability, and employment.

(c) This subchapter does not create a private right of action for enforcement purposes.

Amended by Act 2021, No. 639,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 315,§ 445, eff. 7/24/2019.

Added by Act 2015, No. 382,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 8-5-209 — AR Code / Title 8 / Chapter 5 / Subchapter 2 / Section 8-5-209
Fees - Wastewater Licensing Fund
Status: in_force

(a) (1) The Arkansas Pollution Control and Ecology Commission shall have the authority to set fees in an amount to cover the cost of the administration of this subchapter. (2) (A) Licensing and examination fees shall be set forth by rule. (B) However, the licensing and examination fees shall not exceed the reasonable administrative costs of: (i) For the licensing fee, evaluating and taking action on permit applications and implementing and enforcing the terms and conditions of the permits and variances; and (ii) For the examination fee, administering the examination. (b) All fees collected under this section shall be deposited into the Wastewater Licensing Fund and may be used only for the administration of this subchapter. Amended by Act 2023, No. 390,§ 5, eff. 8/1/2023. Amended by Act 2019, No. 315,§ 509, eff. 7/24/2019. Amended by Act 2019, No. 693,§ 11, eff. 7/24/2019. Acts 1971, No. 211, § 7; A.S.A. 1947, § 82-1989; Acts 1991, No. 1104, § 1; 1997, No. 288, § 1; 1997, No. 1219, § 7; 1999, No. 777, § 1.

(a) (1) The Arkansas Pollution Control and Ecology Commission shall have the authority to set fees in an amount to cover the cost of the administration of this subchapter. (2) (A) Licensing and examination fees shall be set forth by rule. (B) However, the licensing and examination fees shall not exceed the reasonable administrative costs of: (i) For the licensing fee, evaluating and taking action on permit applications and implementing and enforcing the terms and conditions of the permits and variances; and (ii) For the examination fee, administering the examination.

(1) The Arkansas Pollution Control and Ecology Commission shall have the authority to set fees in an amount to cover the cost of the administration of this subchapter.

(2) (A) Licensing and examination fees shall be set forth by rule. (B) However, the licensing and examination fees shall not exceed the reasonable administrative costs of: (i) For the licensing fee, evaluating and taking action on permit applications and implementing and enforcing the terms and conditions of the permits and variances; and (ii) For the examination fee, administering the examination.

(A) Licensing and examination fees shall be set forth by rule.

(B) However, the licensing and examination fees shall not exceed the reasonable administrative costs of: (i) For the licensing fee, evaluating and taking action on permit applications and implementing and enforcing the terms and conditions of the permits and variances; and (ii) For the examination fee, administering the examination.

(i) For the licensing fee, evaluating and taking action on permit applications and implementing and enforcing the terms and conditions of the permits and variances; and

(ii) For the examination fee, administering the examination.

(b) All fees collected under this section shall be deposited into the Wastewater Licensing Fund and may be used only for the administration of this subchapter.

Amended by Act 2023, No. 390,§ 5, eff. 8/1/2023.

Amended by Act 2019, No. 315,§ 509, eff. 7/24/2019.

Amended by Act 2019, No. 693,§ 11, eff. 7/24/2019.

Acts 1971, No. 211, § 7; A.S.A. 1947, § 82-1989; Acts 1991, No. 1104, § 1; 1997, No. 288, § 1; 1997, No. 1219, § 7; 1999, No. 777, § 1.
Ark. Code Ann. § 8-5-805 — AR Code / Title 8 / Chapter 5 / Subchapter 8 / Section 8-5-805
Eligible applicants
Status: in_force

(a) An eligible applicant shall: (1) Employ one hundred (100) or fewer individuals, including both full-time and part-time employees, through direct hiring or contract, including affiliates and subsidiaries, at the time an application for a loan is received by the Division of Environmental Quality; (2) Provide proof of profitable operations and a demonstrated ability to repay the loan; and (3) Submit an application supplied by the division including any supporting documents, instruments, or other documents requested by the division for the purposes of recommending approval or disapproval of a loan described in this section. (b) (1) Until all delinquent fees stated in this subsection or otherwise owed to the division are paid in full and no balance is due, the Director of the Division of Environmental Quality shall not approve any loan application. (2) The delinquent fees include, but are not limited to: (A) Permit fees; (B) Permit modification fees; (C) License fees; (D) Certification fees; (E) Registration fees; (F) Variance application fees; (G) Civil penalties; (H) Emergency response reimbursements; (I) Loan payments; and (J) Review fees. Amended by Act 2019, No. 910,§ 2576, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2575, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2574, eff. 7/1/2019. Acts 1997, No. 691, § 1; 2005, No. 1254, § 2.

(a) An eligible applicant shall: (1) Employ one hundred (100) or fewer individuals, including both full-time and part-time employees, through direct hiring or contract, including affiliates and subsidiaries, at the time an application for a loan is received by the Division of Environmental Quality; (2) Provide proof of profitable operations and a demonstrated ability to repay the loan; and (3) Submit an application supplied by the division including any supporting documents, instruments, or other documents requested by the division for the purposes of recommending approval or disapproval of a loan described in this section.

(1) Employ one hundred (100) or fewer individuals, including both full-time and part-time employees, through direct hiring or contract, including affiliates and subsidiaries, at the time an application for a loan is received by the Division of Environmental Quality;

(2) Provide proof of profitable operations and a demonstrated ability to repay the loan; and

(3) Submit an application supplied by the division including any supporting documents, instruments, or other documents requested by the division for the purposes of recommending approval or disapproval of a loan described in this section.

(b) (1) Until all delinquent fees stated in this subsection or otherwise owed to the division are paid in full and no balance is due, the Director of the Division of Environmental Quality shall not approve any loan application. (2) The delinquent fees include, but are not limited to: (A) Permit fees; (B) Permit modification fees; (C) License fees; (D) Certification fees; (E) Registration fees; (F) Variance application fees; (G) Civil penalties; (H) Emergency response reimbursements; (I) Loan payments; and (J) Review fees.

(1) Until all delinquent fees stated in this subsection or otherwise owed to the division are paid in full and no balance is due, the Director of the Division of Environmental Quality shall not approve any loan application.

(2) The delinquent fees include, but are not limited to: (A) Permit fees; (B) Permit modification fees; (C) License fees; (D) Certification fees; (E) Registration fees; (F) Variance application fees; (G) Civil penalties; (H) Emergency response reimbursements; (I) Loan payments; and (J) Review fees.

(A) Permit fees;

(B) Permit modification fees;

(C) License fees;

(D) Certification fees;

(E) Registration fees;

(F) Variance application fees;

(G) Civil penalties;

(H) Emergency response reimbursements;

(I) Loan payments; and

(J) Review fees.

Amended by Act 2019, No. 910,§ 2576, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2575, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2574, eff. 7/1/2019.

Acts 1997, No. 691, § 1; 2005, No. 1254, § 2.
Ark. Code Ann. § 8-4-214 — AR Code / Title 8 / Chapter 4 / Subchapter 2 / Section 8-4-214
Service of notice, orders, etc
Status: in_force

(a) Except as otherwise expressly provided, any notice, order, or other instrument issued by or under authority of the Arkansas Pollution Control and Ecology Commission may be served upon any person affected thereby, personally or by publication. Proof of the service may be made in like manner as in the case of service of a summons in a civil action, with the proof to be filed in the office of the commission. (b) (1) Service may be had by mailing a copy of the notice, order, or other instrument, by certified mail, directed to the person affected at his or her last known post office address as shown by the files or records of the commission. Proof of the mailing may be made by the affidavit of the person that did the mailing, filed in the office of the commission. (2) Service by publication shall be accomplished by one (1) insertion in a newspaper of general circulation in the area affected. (c) Every certificate or affidavit of service made and filed as provided in this section shall be prima facie evidence of the facts therein stated, and a certified copy thereof shall have like force and effect. Acts 1949, No. 472, [Part 1], § 5; A.S.A. 1947, § 82-1906.

(a) Except as otherwise expressly provided, any notice, order, or other instrument issued by or under authority of the Arkansas Pollution Control and Ecology Commission may be served upon any person affected thereby, personally or by publication. Proof of the service may be made in like manner as in the case of service of a summons in a civil action, with the proof to be filed in the office of the commission.

(b) (1) Service may be had by mailing a copy of the notice, order, or other instrument, by certified mail, directed to the person affected at his or her last known post office address as shown by the files or records of the commission. Proof of the mailing may be made by the affidavit of the person that did the mailing, filed in the office of the commission. (2) Service by publication shall be accomplished by one (1) insertion in a newspaper of general circulation in the area affected.

(1) Service may be had by mailing a copy of the notice, order, or other instrument, by certified mail, directed to the person affected at his or her last known post office address as shown by the files or records of the commission. Proof of the mailing may be made by the affidavit of the person that did the mailing, filed in the office of the commission.

(2) Service by publication shall be accomplished by one (1) insertion in a newspaper of general circulation in the area affected.

(c) Every certificate or affidavit of service made and filed as provided in this section shall be prima facie evidence of the facts therein stated, and a certified copy thereof shall have like force and effect.

Acts 1949, No. 472, [Part 1], § 5; A.S.A. 1947, § 82-1906.
Ark. Code Ann. § 8-9-609 — AR Code / Title 8 / Chapter 9 / Subchapter 6 / Section 8-9-609
Rules - Authority of Arkansas Pollution Control and Ecology Commission
Status: in_force

The Arkansas Pollution Control and Ecology Commission may adopt rules to effectuate and implement the purposes and intent of this subchapter and the powers and duties of the Division of Environmental Quality. Amended by Act 2019, No. 315,§ 694, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 3001, eff. 7/1/2019. Acts 2005, No. 649, § 1.

The Arkansas Pollution Control and Ecology Commission may adopt rules to effectuate and implement the purposes and intent of this subchapter and the powers and duties of the Division of Environmental Quality.

Amended by Act 2019, No. 315,§ 694, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 3001, eff. 7/1/2019.

Acts 2005, No. 649, § 1.
Ark. Code Ann. § 8-6-1604 — AR Code / Title 8 / Chapter 6 / Subchapter 16 / Section 8-6-1604
Solid Waste Performance Bond Fund
Status: in_force

(a) A Solid Waste Performance Bond Fund is hereby established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State. (b) In addition to any moneys appropriated by the General Assembly to the fund, there shall be deposited into the fund all forfeitures collected under this subchapter, United States Government moneys designated to enter the fund, any moneys received by the state as a gift or donation to the fund, and all interest earned upon moneys deposited into the fund. (c) The fund shall be administered by the Division of Environmental Quality and will be used to accomplish remedial action, including closure of lands covered by performance bonds forfeited under this subchapter. (d) Moneys received annually into the fund shall be used by the division for the administration of remedial actions performed as a result of this subchapter. Amended by Act 2019, No. 910,§ 2700, eff. 7/1/2019. Acts 1995, No. 510, § 1; 1997, No. 938, § 5.

(a) A Solid Waste Performance Bond Fund is hereby established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State.

(b) In addition to any moneys appropriated by the General Assembly to the fund, there shall be deposited into the fund all forfeitures collected under this subchapter, United States Government moneys designated to enter the fund, any moneys received by the state as a gift or donation to the fund, and all interest earned upon moneys deposited into the fund.

(c) The fund shall be administered by the Division of Environmental Quality and will be used to accomplish remedial action, including closure of lands covered by performance bonds forfeited under this subchapter.

(d) Moneys received annually into the fund shall be used by the division for the administration of remedial actions performed as a result of this subchapter.

Amended by Act 2019, No. 910,§ 2700, eff. 7/1/2019.

Acts 1995, No. 510, § 1; 1997, No. 938, § 5.
Ark. Code Ann. § 8-7-1302 — AR Code / Title 8 / Chapter 7 / Subchapter 13 / Section 8-7-1302
Purpose
Status: in_force

It is the purpose of this subchapter to authorize the Division of Environmental Quality to establish and administer a certification program to maintain a list of Phase I consultants who meet the minimum qualifications for an environmental professional who undertakes a Phase I environmental site assessment, referred to as "all appropriate inquiry" under the Small Business Liability Relief and Brownfields Revitalization Act, Pub. L. No. 107-118, as it exists on January 1, 2007, or a Phase I environmental site assessment under the American Society for Testing and Materials standard E1527-05 as in effect on January 1, 2007. Amended by Act 2019, No. 910,§ 2839, eff. 7/1/2019. Acts 2005, No. 2141, § 1; 2007, No. 1018, § 1.

It is the purpose of this subchapter to authorize the Division of Environmental Quality to establish and administer a certification program to maintain a list of Phase I consultants who meet the minimum qualifications for an environmental professional who undertakes a Phase I environmental site assessment, referred to as "all appropriate inquiry" under the Small Business Liability Relief and Brownfields Revitalization Act, Pub. L. No. 107-118, as it exists on January 1, 2007, or a Phase I environmental site assessment under the American Society for Testing and Materials standard E1527-05 as in effect on January 1, 2007.

Amended by Act 2019, No. 910,§ 2839, eff. 7/1/2019.

Acts 2005, No. 2141, § 1; 2007, No. 1018, § 1.
Ark. Code Ann. § 8-6-1202 — AR Code / Title 8 / Chapter 6 / Subchapter 12 / Section 8-6-1202
Exceptions
Status: in_force

The provisions of this subchapter shall not apply to persons who produce incinerator ash with an input capacity of twelve (12) tons of materials or less per day or to a manufacturing facility which utilizes solid waste generated on the premises of that manufacturing facility in incinerators, boilers, or industrial furnaces. Acts 1991, No. 1183, § 4; 1992 (1st Ex. Sess.), No. 48, § 1.

The provisions of this subchapter shall not apply to persons who produce incinerator ash with an input capacity of twelve (12) tons of materials or less per day or to a manufacturing facility which utilizes solid waste generated on the premises of that manufacturing facility in incinerators, boilers, or industrial furnaces.

Acts 1991, No. 1183, § 4; 1992 (1st Ex. Sess.), No. 48, § 1.
Ark. Code Ann. § 8-1-303 — AR Code / Title 8 / Chapter 1 / Subchapter 3 / Section 8-1-303
Privilege
Status: in_force

(a) In order to encourage owners and operators of facilities and persons conducting other activities regulated under this chapter or its federal counterparts or extensions, both to conduct voluntary internal environmental audits of their compliance programs and management systems and to assess and improve compliance with statutory and regulatory requirements, an environmental audit privilege is created to protect the confidentiality of communications relating to voluntary internal environmental audits. (b) An environmental audit report shall be privileged and shall not be admissible as evidence in any civil or administrative legal action, including enforcement actions. Acts 1995, No. 350, § 1; 1999, No. 871, § 1.

(a) In order to encourage owners and operators of facilities and persons conducting other activities regulated under this chapter or its federal counterparts or extensions, both to conduct voluntary internal environmental audits of their compliance programs and management systems and to assess and improve compliance with statutory and regulatory requirements, an environmental audit privilege is created to protect the confidentiality of communications relating to voluntary internal environmental audits.

(b) An environmental audit report shall be privileged and shall not be admissible as evidence in any civil or administrative legal action, including enforcement actions.

Acts 1995, No. 350, § 1; 1999, No. 871, § 1.
Ark. Code Ann. § 8-5-904 — AR Code / Title 8 / Chapter 5 / Subchapter 9 / Section 8-5-904
Modification of water quality standards
Status: in_force

(a) The Arkansas Pollution Control and Ecology Commission may approve a modification where the water quality standard is not being maintained due to conditions which may, in part or in whole, be corrected through the implementation of long-term measures. The commission shall establish such subcategory of use and modify such general and specific standards as it deems appropriate to reflect such modification while ensuring that the fishable/swimmable use is maintained. In all water quality standard changes associated with long-term improvement projects, the remedial action plan described in § 8-5-903(a) shall be incorporated by reference in the statement of basis and purpose of the rule and shall be considered an essential condition of the modified water quality standard. (b) (1) Once the commission approves a water quality standard modification, the Division of Environmental Quality shall ensure that conditions and limitations designed to achieve compliance with the plan are established in applicable discharge permits, consent administrative orders, or such other enforcement measures deemed appropriate by the division. (2) The division may allow modifications by the petitioner to the remediation plan and schedule as is deemed appropriate, provided that any such modifications to the original remedial action plan shall not render the project significantly less protective of the applicable use subcategory. (3) Should the division find that the petitioner is not acting in good faith to complete the project in accordance with the approved plan, applicable and appropriate enforcement authority may be exercised subject to appeal to the commission. (c) The division or the petitioner shall report annually to the commission on the progress of the project. Amended by Act 2019, No. 910,§ 2588, eff. 7/1/2019. Acts 1997, No. 401, § 4.

(a) The Arkansas Pollution Control and Ecology Commission may approve a modification where the water quality standard is not being maintained due to conditions which may, in part or in whole, be corrected through the implementation of long-term measures. The commission shall establish such subcategory of use and modify such general and specific standards as it deems appropriate to reflect such modification while ensuring that the fishable/swimmable use is maintained. In all water quality standard changes associated with long-term improvement projects, the remedial action plan described in § 8-5-903(a) shall be incorporated by reference in the statement of basis and purpose of the rule and shall be considered an essential condition of the modified water quality standard.

(b) (1) Once the commission approves a water quality standard modification, the Division of Environmental Quality shall ensure that conditions and limitations designed to achieve compliance with the plan are established in applicable discharge permits, consent administrative orders, or such other enforcement measures deemed appropriate by the division. (2) The division may allow modifications by the petitioner to the remediation plan and schedule as is deemed appropriate, provided that any such modifications to the original remedial action plan shall not render the project significantly less protective of the applicable use subcategory. (3) Should the division find that the petitioner is not acting in good faith to complete the project in accordance with the approved plan, applicable and appropriate enforcement authority may be exercised subject to appeal to the commission.

(1) Once the commission approves a water quality standard modification, the Division of Environmental Quality shall ensure that conditions and limitations designed to achieve compliance with the plan are established in applicable discharge permits, consent administrative orders, or such other enforcement measures deemed appropriate by the division.

(2) The division may allow modifications by the petitioner to the remediation plan and schedule as is deemed appropriate, provided that any such modifications to the original remedial action plan shall not render the project significantly less protective of the applicable use subcategory.

(3) Should the division find that the petitioner is not acting in good faith to complete the project in accordance with the approved plan, applicable and appropriate enforcement authority may be exercised subject to appeal to the commission.

(c) The division or the petitioner shall report annually to the commission on the progress of the project.

Amended by Act 2019, No. 910,§ 2588, eff. 7/1/2019.

Acts 1997, No. 401, § 4.
Ark. Code Ann. § 8-6-903 — AR Code / Title 8 / Chapter 6 / Subchapter 9 / Section 8-6-903
Licenses required
Status: in_force

(a) It shall be illegal for any county, municipality, governmental subdivision, public or private corporation, or other person to operate a solid waste management facility unless the competency of the operator is duly licensed by the Director of the Division of Environmental Quality under the provisions of this subchapter. (b) It shall further be illegal for any person to perform the duties of an operator of any such solid waste management facility without being duly licensed under this subchapter. (c) (1) With the advice and assistance of the licensing committee, the director may grant a written waiver from the requirements of this subchapter. (2) The director may withdraw a written waiver under subdivision (c)(1) of this section for just cause by written notice to the county, municipality, governmental subdivision, public or private corporation, or other person to whom the written waiver was granted. Amended by Act 2019, No. 910,§ 2663, eff. 7/1/2019. Amended by Act 2015, No. 937,§ 1, eff. 7/22/2015. Acts 1991, No. 750, § 1; 1995, No. 165, § 1; 1995, No. 193, § 1.

(a) It shall be illegal for any county, municipality, governmental subdivision, public or private corporation, or other person to operate a solid waste management facility unless the competency of the operator is duly licensed by the Director of the Division of Environmental Quality under the provisions of this subchapter.

(b) It shall further be illegal for any person to perform the duties of an operator of any such solid waste management facility without being duly licensed under this subchapter.

(c) (1) With the advice and assistance of the licensing committee, the director may grant a written waiver from the requirements of this subchapter. (2) The director may withdraw a written waiver under subdivision (c)(1) of this section for just cause by written notice to the county, municipality, governmental subdivision, public or private corporation, or other person to whom the written waiver was granted.

(1) With the advice and assistance of the licensing committee, the director may grant a written waiver from the requirements of this subchapter.

(2) The director may withdraw a written waiver under subdivision (c)(1) of this section for just cause by written notice to the county, municipality, governmental subdivision, public or private corporation, or other person to whom the written waiver was granted.

Amended by Act 2019, No. 910,§ 2663, eff. 7/1/2019.

Amended by Act 2015, No. 937,§ 1, eff. 7/22/2015.

Acts 1991, No. 750, § 1; 1995, No. 165, § 1; 1995, No. 193, § 1.
Ark. Code Ann. § 8-10-202 — AR Code / Title 8 / Chapter 10 / Subchapter 2 / Section 8-10-202
Legislative intent
Status: in_force

(a) The General Assembly finds that the timely development of a comprehensive pollution prevention and waste minimization plan for the prevention and reduction of the amount of solid, hazardous, and industrial wastes produced within the state is essential to determine the scope and need for off-site waste management facilities. (b) (1) The General Assembly further finds that it is essential to ensure that the state fulfills its responsibilities under the Superfund Amendments and Reauthorization Act of 1986 to provide for the availability of adequate capacity for the management of wastes by implementing a comprehensive pollution prevention plan. (2) This plan should encourage the minimization of wastes produced by means of source reduction, process change, feed stock substitution, recycling, and reuse for both hazardous and nonhazardous waste streams. (3) Waste that is generated should be minimized to the greatest practicable extent, treated on-site, and stored and recycled or disposed of so as to protect human health and the environment. (c) The purpose of this subchapter is to prevent pollution, minimize the amount of solid, hazardous, and industrial wastes generated, and conserve energy within the state as expeditiously as possible. Acts 1993, No. 1273, § 1.

(a) The General Assembly finds that the timely development of a comprehensive pollution prevention and waste minimization plan for the prevention and reduction of the amount of solid, hazardous, and industrial wastes produced within the state is essential to determine the scope and need for off-site waste management facilities.

(b) (1) The General Assembly further finds that it is essential to ensure that the state fulfills its responsibilities under the Superfund Amendments and Reauthorization Act of 1986 to provide for the availability of adequate capacity for the management of wastes by implementing a comprehensive pollution prevention plan. (2) This plan should encourage the minimization of wastes produced by means of source reduction, process change, feed stock substitution, recycling, and reuse for both hazardous and nonhazardous waste streams. (3) Waste that is generated should be minimized to the greatest practicable extent, treated on-site, and stored and recycled or disposed of so as to protect human health and the environment.

(1) The General Assembly further finds that it is essential to ensure that the state fulfills its responsibilities under the Superfund Amendments and Reauthorization Act of 1986 to provide for the availability of adequate capacity for the management of wastes by implementing a comprehensive pollution prevention plan.

(2) This plan should encourage the minimization of wastes produced by means of source reduction, process change, feed stock substitution, recycling, and reuse for both hazardous and nonhazardous waste streams.

(3) Waste that is generated should be minimized to the greatest practicable extent, treated on-site, and stored and recycled or disposed of so as to protect human health and the environment.

(c) The purpose of this subchapter is to prevent pollution, minimize the amount of solid, hazardous, and industrial wastes generated, and conserve energy within the state as expeditiously as possible.

Acts 1993, No. 1273, § 1.
Ark. Code Ann. § 8-9-201 — AR Code / Title 8 / Chapter 9 / Subchapter 2 / Section 8-9-201
[Repealed]
Status: repealed

Repealed by Act 2017, No. 1067,§ 4, eff. 8/1/2017. Acts 1991, No. 749, § 1; 1997, No. 250, § 50; 1997, No. 540, § 12; 1997, No. 1018, § 2; 1997, No. 1354, § 10; 1999, No. 1164, § 111; 1999, No. 1508, §§ 3, 7.

Repealed by Act 2017, No. 1067,§ 4, eff. 8/1/2017.

Acts 1991, No. 749, § 1; 1997, No. 250, § 50; 1997, No. 540, § 12; 1997, No. 1018, § 2; 1997, No. 1354, § 10; 1999, No. 1164, § 111; 1999, No. 1508, §§ 3, 7.
Ark. Code Ann. § 8-6-2004 — AR Code / Title 8 / Chapter 6 / Subchapter 20 / Section 8-6-2004
Applicability
Status: in_force

This subchapter applies to violations of this chapter, violations of Chapter 6 of Arkansas Pollution Control and Ecology Commission Rule 18, and violations of the Used Tire Recycling and Accountability Act, § 8-9-401 et seq. Amended by Act 2021, No. 749,§ 3, eff. 7/28/2021. Added by Act 2019, No. 1067,§ 1, eff. 7/24/2019.

This subchapter applies to violations of this chapter, violations of Chapter 6 of Arkansas Pollution Control and Ecology Commission Rule 18, and violations of the Used Tire Recycling and Accountability Act, § 8-9-401 et seq.

Amended by Act 2021, No. 749,§ 3, eff. 7/28/2021.

Added by Act 2019, No. 1067,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 8-4-231 — AR Code / Title 8 / Chapter 4 / Subchapter 2 / Section 8-4-231
Effectiveness of regulations, rules, or orders
Status: in_force

This act shall not be construed as impairing the continued effectiveness of any regulations, rules, or orders promulgated or issued by the Arkansas Pollution Control and Ecology Commission prior to March 31, 1999. Nor shall this act be construed as extinguishing or otherwise affecting the unexpired terms of any current members of the commission. Amended by Act 2019, No. 315,§ 482, eff. 7/24/2019. Acts 1997, No. 1219, § 10.

This act shall not be construed as impairing the continued effectiveness of any regulations, rules, or orders promulgated or issued by the Arkansas Pollution Control and Ecology Commission prior to March 31, 1999. Nor shall this act be construed as extinguishing or otherwise affecting the unexpired terms of any current members of the commission.

Amended by Act 2019, No. 315,§ 482, eff. 7/24/2019.

Acts 1997, No. 1219, § 10.
Ark. Code Ann. § 8-6-902 — AR Code / Title 8 / Chapter 6 / Subchapter 9 / Section 8-6-902
Penalties - Procedures
Status: in_force

(a) Any person who violates any provision of this subchapter or of any rule or order issued pursuant thereto, shall be subject to the same penalty and enforcement provisions as are contained in the Arkansas Solid Waste Management Act, § 8-6-201 et seq. (b) Except as otherwise provided in this subchapter, the procedure of the Arkansas Pollution Control and Ecology Commission for issuance of rules, conduct of hearings, notice, power of subpoena, review of action on permits, right of appeal, presumptions, finality of actions, and related matters shall be as provided in §§ 8-4-101 - 8-4-106 and 8-4-201 - 8-4-230 of the Arkansas Water and Air Pollution Control Act, § 8-4-101 et seq., including, without limitation, §§ 8-4-205 , 8-4-210 , 8-4-212 - 8-4-214 , and 8-4-218 - 8-4-229 . (c) All rules adopted under this subchapter shall be reviewed by the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor or appropriate subcommittees of the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor. Amended by Act 2019, No. 315,§ 559, eff. 7/24/2019. Acts 1991, No. 750, § 1; 1995, No. 165, § 1; 1995, No. 193, § 1; 1997, No. 179, § 5.

(a) Any person who violates any provision of this subchapter or of any rule or order issued pursuant thereto, shall be subject to the same penalty and enforcement provisions as are contained in the Arkansas Solid Waste Management Act, § 8-6-201 et seq.

(b) Except as otherwise provided in this subchapter, the procedure of the Arkansas Pollution Control and Ecology Commission for issuance of rules, conduct of hearings, notice, power of subpoena, review of action on permits, right of appeal, presumptions, finality of actions, and related matters shall be as provided in §§ 8-4-101 - 8-4-106 and 8-4-201 - 8-4-230 of the Arkansas Water and Air Pollution Control Act, § 8-4-101 et seq., including, without limitation, §§ 8-4-205 , 8-4-210 , 8-4-212 - 8-4-214 , and 8-4-218 - 8-4-229 .

(c) All rules adopted under this subchapter shall be reviewed by the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor or appropriate subcommittees of the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor.

Amended by Act 2019, No. 315,§ 559, eff. 7/24/2019.

Acts 1991, No. 750, § 1; 1995, No. 165, § 1; 1995, No. 193, § 1; 1997, No. 179, § 5.
Ark. Code Ann. § 8-7-211 — AR Code / Title 8 / Chapter 7 / Subchapter 2 / Section 8-7-211
Variances, waivers, or extensions
Status: in_force

When the application of or compliance with any rule or regulation issued under this subchapter, in the judgment of the Arkansas Pollution Control and Ecology Commission, would cause undue or unreasonable hardship to any person and not cause substantially adverse environmental effects, the commission may grant a variance, waiver, or extension to the same extent that such variance, waiver, or extension would be allowable under the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq., and the regulations promulgated thereunder. In no case shall the duration of any such variance exceed one (1) year. Renewals or extensions may be given only after opportunity for public comment on each such renewal or extension. Acts 1979, No. 406, § 14; A.S.A. 1947, § 82-4214; Acts 1989, No. 643, § 5.

When the application of or compliance with any rule or regulation issued under this subchapter, in the judgment of the Arkansas Pollution Control and Ecology Commission, would cause undue or unreasonable hardship to any person and not cause substantially adverse environmental effects, the commission may grant a variance, waiver, or extension to the same extent that such variance, waiver, or extension would be allowable under the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq., and the regulations promulgated thereunder. In no case shall the duration of any such variance exceed one (1) year. Renewals or extensions may be given only after opportunity for public comment on each such renewal or extension.

Acts 1979, No. 406, § 14; A.S.A. 1947, § 82-4214; Acts 1989, No. 643, § 5.
Ark. Code Ann. § 8-4-222 — AR Code / Title 8 / Chapter 4 / Subchapter 2 / Section 8-4-222
Appeals - Entitlement
Status: in_force

An appeal may be taken from a final order, rule, regulation, or other final determination of the Arkansas Pollution Control and Ecology Commission under §§ 8-4-223 - 8-4-229 by those parties that have standing and have exhausted their administrative appeals. Amended by Act 2013, No. 1021,§ 2, eff. 8/16/2013. Acts 1949, No. 472, [Part 1], § 5; A.S.A. 1947, § 82-1906; Acts 1993, No. 163, § 20; 1993, No. 165, § 20.

An appeal may be taken from a final order, rule, regulation, or other final determination of the Arkansas Pollution Control and Ecology Commission under §§ 8-4-223 - 8-4-229 by those parties that have standing and have exhausted their administrative appeals.

Amended by Act 2013, No. 1021,§ 2, eff. 8/16/2013.

Acts 1949, No. 472, [Part 1], § 5; A.S.A. 1947, § 82-1906; Acts 1993, No. 163, § 20; 1993, No. 165, § 20.
Ark. Code Ann. § 8-6-802 — AR Code / Title 8 / Chapter 6 / Subchapter 8 / Section 8-6-802
Construction
Status: in_force

(a) The powers provided by this subchapter shall be supplemental to all other powers conferred on regional solid waste management boards. (b) Except as expressly provided in this subchapter, the acquisition, construction, reconstruction, enlargement, equipment, or operation and maintenance of projects under the provisions of this subchapter need not comply with the requirements of any other law applicable to the acquisition, construction, reconstruction, enlargement, equipment, and operation and maintenance of public works or facilities, including, without limitation, laws pertaining to public bidding, paying prevailing wages, transfer or exchange of title to real or personal property, or any other aspect of the acquiring, constructing, reconstructing, enlarging, equipping, or operation or maintenance of public works or public projects, or transfer or exchange of title to real or personal property, none of which laws shall be applicable to projects under this subchapter. (c) This subchapter, being necessary for the welfare of the state and its inhabitants, shall be liberally construed to effect the purposes of this subchapter. Acts 1991, No. 752, § 4.

(a) The powers provided by this subchapter shall be supplemental to all other powers conferred on regional solid waste management boards.

(b) Except as expressly provided in this subchapter, the acquisition, construction, reconstruction, enlargement, equipment, or operation and maintenance of projects under the provisions of this subchapter need not comply with the requirements of any other law applicable to the acquisition, construction, reconstruction, enlargement, equipment, and operation and maintenance of public works or facilities, including, without limitation, laws pertaining to public bidding, paying prevailing wages, transfer or exchange of title to real or personal property, or any other aspect of the acquiring, constructing, reconstructing, enlarging, equipping, or operation or maintenance of public works or public projects, or transfer or exchange of title to real or personal property, none of which laws shall be applicable to projects under this subchapter.

(c) This subchapter, being necessary for the welfare of the state and its inhabitants, shall be liberally construed to effect the purposes of this subchapter.

Acts 1991, No. 752, § 4.
Ark. Code Ann. § 8-4-204 — AR Code / Title 8 / Chapter 4 / Subchapter 2 / Section 8-4-204
Permits - Revocation
Status: in_force

The Division of Environmental Quality or its successor is given and charged with the power and duty to revoke, modify, or suspend, in whole or in part, for cause any permit issued under this chapter, including without limitation: (1) Violation of any condition of the permit; (2) Obtaining a permit by misrepresentation or failure to disclose fully all relevant facts; or (3) A change in any applicable regulation or a change in any preexisting condition affecting the nature of the discharge that requires either a temporary or permanent reduction or elimination of the permitted discharge. Amended by Act 2019, No. 910,§ 2488, eff. 7/1/2019. Acts 1949, No. 472, [Part 1], § 3; 1975, No. 743, § 4; A.S.A. 1947, § 82-1904; Acts 1993, No. 163, § 14; 1993, No. 165, § 14; 1997, No. 1219, § 5; 1999, No. 1164, § 21.

The Division of Environmental Quality or its successor is given and charged with the power and duty to revoke, modify, or suspend, in whole or in part, for cause any permit issued under this chapter, including without limitation:

(1) Violation of any condition of the permit;

(2) Obtaining a permit by misrepresentation or failure to disclose fully all relevant facts; or

(3) A change in any applicable regulation or a change in any preexisting condition affecting the nature of the discharge that requires either a temporary or permanent reduction or elimination of the permitted discharge.

Amended by Act 2019, No. 910,§ 2488, eff. 7/1/2019.

Acts 1949, No. 472, [Part 1], § 3; 1975, No. 743, § 4; A.S.A. 1947, § 82-1904; Acts 1993, No. 163, § 14; 1993, No. 165, § 14; 1997, No. 1219, § 5; 1999, No. 1164, § 21.
Ark. Code Ann. § 8-14-107 — AR Code / Title 8 / Chapter 14 / Section 8-14-107
Provisions supplemental
Status: in_force

The provisions of this chapter are cumulative and supplemental and shall not apply within a town, city, or county of this state that by ordinance has adopted provisions restricting light pollution that are equal to or more stringent than the provisions of this chapter. Acts 2005, No. 1963, § 1.

The provisions of this chapter are cumulative and supplemental and shall not apply within a town, city, or county of this state that by ordinance has adopted provisions restricting light pollution that are equal to or more stringent than the provisions of this chapter.

Acts 2005, No. 1963, § 1.
Ark. Code Ann. § 8-4-228 — AR Code / Title 8 / Chapter 4 / Subchapter 2 / Section 8-4-228
Appeal - Stay of proceedings
Status: in_force

(a) The taking effect of any action of the Arkansas Pollution Control and Ecology Commission shall not be stayed by an appeal except by order of the court for cause shown by the appellant. (b) The granting of a stay may be conditioned upon the furnishing by the appellant of such reasonable security for costs as the court may direct. (c) A stay may be vacated on application of the commission or any other party after hearing upon notice to the appellant and to such other parties as the court may direct. Acts 1949, No. 472, [Part 1], § 5; A.S.A. 1947, § 82-1906.

(a) The taking effect of any action of the Arkansas Pollution Control and Ecology Commission shall not be stayed by an appeal except by order of the court for cause shown by the appellant.

(b) The granting of a stay may be conditioned upon the furnishing by the appellant of such reasonable security for costs as the court may direct.

(c) A stay may be vacated on application of the commission or any other party after hearing upon notice to the appellant and to such other parties as the court may direct.

Acts 1949, No. 472, [Part 1], § 5; A.S.A. 1947, § 82-1906.
Ark. Code Ann. § 8-5-903 — AR Code / Title 8 / Chapter 5 / Subchapter 9 / Section 8-5-903
Procedures for approval of environmental projects, contents of applications, and public notice
Status: in_force

(a) A petitioner seeking approval of a change in water quality standards to accommodate a long-term improvement project shall file with the Division of Environmental Quality a notice of intent, which includes as a minimum: (1) A description of the water body or stream segment affected by the project; (2) The existing ambient water quality for the use of criteria at issue; (3) The affected water quality standard; (4) The modifications sought; (5) The proposed remediation activities; (6) A proposed remediation plan, which shall contain: (A) A description of the existing conditions, including identification of the conditions limiting the attainment of the water quality standards; (B) A description of the proposed water quality standard modification, both during and post-project; (C) A description of the proposed remediation plan; and (D) The anticipated collateral effects, if any, of the remediation plan; and (7) A schedule for implementing the remediation plan that ensures that the post-project water quality standards are met as soon as reasonably practicable. (b) The division shall cause notice of the proposed project and associated water quality standard changes described in subsection (a) of this section to be published for public notice and comment in the same manner as provided for permit applications in § 8-4-203(c) , and shall notify the public that the details of the proposed project are available for public review. (c) (1) After considering comments from the public, the division shall notify the petitioner as to whether the proposed project is approved or denied. (2) The division may deny approval of a project if it reasonably concludes that: (A) The plan is not complete; (B) The plan is not technically sound; (C) The schedule is unrealistic; (D) The plan will not have an overall beneficial effect for the environment; or (E) For other appropriate reasons. (3) Any division determination on the approval or denial of a project is subject to the appeal procedures applicable to permitting decisions set out in § 8-4-205 . (d) Upon approval of the project for further development, the petitioner shall prepare documentation required for third-party rulemaking by § 8-4-202 and established in administrative procedures. Amended by Act 2019, No. 910,§ 2587, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2586, eff. 7/1/2019. Acts 1997, No. 401, § 3; 2009, No. 409, § 3.

(a) A petitioner seeking approval of a change in water quality standards to accommodate a long-term improvement project shall file with the Division of Environmental Quality a notice of intent, which includes as a minimum: (1) A description of the water body or stream segment affected by the project; (2) The existing ambient water quality for the use of criteria at issue; (3) The affected water quality standard; (4) The modifications sought; (5) The proposed remediation activities; (6) A proposed remediation plan, which shall contain: (A) A description of the existing conditions, including identification of the conditions limiting the attainment of the water quality standards; (B) A description of the proposed water quality standard modification, both during and post-project; (C) A description of the proposed remediation plan; and (D) The anticipated collateral effects, if any, of the remediation plan; and (7) A schedule for implementing the remediation plan that ensures that the post-project water quality standards are met as soon as reasonably practicable.

(1) A description of the water body or stream segment affected by the project;

(2) The existing ambient water quality for the use of criteria at issue;

(3) The affected water quality standard;

(4) The modifications sought;

(5) The proposed remediation activities;

(6) A proposed remediation plan, which shall contain: (A) A description of the existing conditions, including identification of the conditions limiting the attainment of the water quality standards; (B) A description of the proposed water quality standard modification, both during and post-project; (C) A description of the proposed remediation plan; and (D) The anticipated collateral effects, if any, of the remediation plan; and

(A) A description of the existing conditions, including identification of the conditions limiting the attainment of the water quality standards;

(B) A description of the proposed water quality standard modification, both during and post-project;

(C) A description of the proposed remediation plan; and

(D) The anticipated collateral effects, if any, of the remediation plan; and

(7) A schedule for implementing the remediation plan that ensures that the post-project water quality standards are met as soon as reasonably practicable.

(b) The division shall cause notice of the proposed project and associated water quality standard changes described in subsection (a) of this section to be published for public notice and comment in the same manner as provided for permit applications in § 8-4-203(c) , and shall notify the public that the details of the proposed project are available for public review.

(c) (1) After considering comments from the public, the division shall notify the petitioner as to whether the proposed project is approved or denied. (2) The division may deny approval of a project if it reasonably concludes that: (A) The plan is not complete; (B) The plan is not technically sound; (C) The schedule is unrealistic; (D) The plan will not have an overall beneficial effect for the environment; or (E) For other appropriate reasons. (3) Any division determination on the approval or denial of a project is subject to the appeal procedures applicable to permitting decisions set out in § 8-4-205 .

(1) After considering comments from the public, the division shall notify the petitioner as to whether the proposed project is approved or denied.

(2) The division may deny approval of a project if it reasonably concludes that: (A) The plan is not complete; (B) The plan is not technically sound; (C) The schedule is unrealistic; (D) The plan will not have an overall beneficial effect for the environment; or (E) For other appropriate reasons.

(A) The plan is not complete;

(B) The plan is not technically sound;

(C) The schedule is unrealistic;

(D) The plan will not have an overall beneficial effect for the environment; or

(E) For other appropriate reasons.

(3) Any division determination on the approval or denial of a project is subject to the appeal procedures applicable to permitting decisions set out in § 8-4-205 .

(d) Upon approval of the project for further development, the petitioner shall prepare documentation required for third-party rulemaking by § 8-4-202 and established in administrative procedures.

Amended by Act 2019, No. 910,§ 2587, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2586, eff. 7/1/2019.

Acts 1997, No. 401, § 3; 2009, No. 409, § 3.
Ark. Code Ann. § 8-6-1405 — AR Code / Title 8 / Chapter 6 / Subchapter 14 / Section 8-6-1405
Violations
Status: in_force

Any person who violates the provisions of this subchapter shall be subject to the civil penalties prescribed in § 8-6-204 . Acts 1993, No. 718, § 4.

Any person who violates the provisions of this subchapter shall be subject to the civil penalties prescribed in § 8-6-204 .

Acts 1993, No. 718, § 4.
Ark. Code Ann. § 8-6-405 — AR Code / Title 8 / Chapter 6 / Subchapter 4 / Section 8-6-405
Injunction
Status: in_force

In addition to all other remedies provided by this subchapter, the Division of Environmental Quality, the Attorney General, the prosecuting attorney of a county where any violation of any provision of this subchapter occurs, or any citizen, resident, or taxpayer of the county where a violation of any provision of this subchapter occurs may apply to the circuit court or the judge in vacation of the county where the alleged violation occurred for an injunction to restrain, prevent, or abate the maintenance and storage of litter, junk motor vehicles, old vehicle tires, or inoperative or discarded household appliances in violation of any provision of this subchapter. Amended by Act 2019, No. 910,§ 2617, eff. 7/1/2019. Acts 1977, No. 883, § 16; A.S.A. 1947, § 82-3916; Acts 1991, No. 516, § 1; 1999, No. 1164, § 64.

In addition to all other remedies provided by this subchapter, the Division of Environmental Quality, the Attorney General, the prosecuting attorney of a county where any violation of any provision of this subchapter occurs, or any citizen, resident, or taxpayer of the county where a violation of any provision of this subchapter occurs may apply to the circuit court or the judge in vacation of the county where the alleged violation occurred for an injunction to restrain, prevent, or abate the maintenance and storage of litter, junk motor vehicles, old vehicle tires, or inoperative or discarded household appliances in violation of any provision of this subchapter.

Amended by Act 2019, No. 910,§ 2617, eff. 7/1/2019.

Acts 1977, No. 883, § 16; A.S.A. 1947, § 82-3916; Acts 1991, No. 516, § 1; 1999, No. 1164, § 64.
Ark. Code Ann. § 8-5-609 — AR Code / Title 8 / Chapter 5 / Subchapter 6 / Section 8-5-609
Privatization contracts, service agreements, etc. - Exemption from certain laws
Status: in_force

The privatization contract, the service agreement, and any other purchase by the local government in connection with the privatization contract shall not be subject to the provisions of §§ 14-22-101 - 14-22-115 , 14-58-201 - 14-58-203 , 14-58-301 - 14-58-303 , 14-58-305 , 14-58-306 [repealed], 14-58-307 , and 14-58-308 or any other law, rule, or regulation requiring competitive bids. Amended by Act 2019, No. 315,§ 515, eff. 7/24/2019. Acts 1985, No. 690, § 4; A.S.A. 1947, § 82-1992.3.

The privatization contract, the service agreement, and any other purchase by the local government in connection with the privatization contract shall not be subject to the provisions of §§ 14-22-101 - 14-22-115 , 14-58-201 - 14-58-203 , 14-58-301 - 14-58-303 , 14-58-305 , 14-58-306 [repealed], 14-58-307 , and 14-58-308 or any other law, rule, or regulation requiring competitive bids.

Amended by Act 2019, No. 315,§ 515, eff. 7/24/2019.

Acts 1985, No. 690, § 4; A.S.A. 1947, § 82-1992.3.
Ark. Code Ann. § 8-15-105 — AR Code / Title 8 / Chapter 15 / Section 8-15-105
Authority to create
Status: in_force

(a) A governmental entity legally authorized to issue general revenue bonds may create a property assessed energy improvement district by adoption of an ordinance. (b) A combination of governmental entities may create a district by each governmental entity: (1) Adopting an ordinance that provides for the governmental entity's participation in the district; and (2) Entering into a joint agreement with one (1) or more other participating governmental entities. (c) This section shall not limit additional governmental entities from becoming members of the district under § 8-15-106 . Added by Act 2013, No. 1074,§ 1, eff. 8/16/2013.

(a) A governmental entity legally authorized to issue general revenue bonds may create a property assessed energy improvement district by adoption of an ordinance.

(b) A combination of governmental entities may create a district by each governmental entity: (1) Adopting an ordinance that provides for the governmental entity's participation in the district; and (2) Entering into a joint agreement with one (1) or more other participating governmental entities.

(1) Adopting an ordinance that provides for the governmental entity's participation in the district; and

(2) Entering into a joint agreement with one (1) or more other participating governmental entities.

(c) This section shall not limit additional governmental entities from becoming members of the district under § 8-15-106 .

Added by Act 2013, No. 1074,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 8-7-1301 — AR Code / Title 8 / Chapter 7 / Subchapter 13 / Section 8-7-1301
Title
Status: in_force

This subchapter shall be known and may be cited as the "Phase I Environmental Site Assessment Consultant Act". Acts 2005, No. 2141, § 1; 2007, No. 1018, § 1.

This subchapter shall be known and may be cited as the "Phase I Environmental Site Assessment Consultant Act".

Acts 2005, No. 2141, § 1; 2007, No. 1018, § 1.
Ark. Code Ann. § 8-6-1302 — AR Code / Title 8 / Chapter 6 / Subchapter 13 / Section 8-6-1302
Definitions
Status: in_force

As used in this subchapter: (1) "Commercial medical waste incineration facility" means any facility accepting medical waste materials for treatment and disposal by incineration from an off-site source and operating the treatment and disposal facility as a business for profit; (2) "Occupied structure" means a building or other structure: (A) Where any person lives or carries on a business or other calling; (B) Where people assemble for purposes of business, government, education, religion, entertainment, or public transportation; (C) Which is customarily used for overnight accommodation of persons whether or not a person is actually present. Each unit of a structure divided into separate units designed for occupancy is itself an occupied structure; or (D) Which has not yet been constructed or completed but for which a building permit, where applicable, has been issued and is valid on the date the application for the permit to construct and operate a commercial medical waste incineration facility is filed; and (3) "Person" means any individual or legal entity. Amended by Act 2019, No. 910,§ 2690, eff. 7/1/2019. Acts 1992 (1st Ex. Sess.), No. 75, § 2; 1993, No. 491, § 1; 1993, No. 861, § 1; 1995, No. 496, § 7; 1999, No. 1164, § 82.

As used in this subchapter:

(1) "Commercial medical waste incineration facility" means any facility accepting medical waste materials for treatment and disposal by incineration from an off-site source and operating the treatment and disposal facility as a business for profit;

(2) "Occupied structure" means a building or other structure: (A) Where any person lives or carries on a business or other calling; (B) Where people assemble for purposes of business, government, education, religion, entertainment, or public transportation; (C) Which is customarily used for overnight accommodation of persons whether or not a person is actually present. Each unit of a structure divided into separate units designed for occupancy is itself an occupied structure; or (D) Which has not yet been constructed or completed but for which a building permit, where applicable, has been issued and is valid on the date the application for the permit to construct and operate a commercial medical waste incineration facility is filed; and

(A) Where any person lives or carries on a business or other calling;

(B) Where people assemble for purposes of business, government, education, religion, entertainment, or public transportation;

(C) Which is customarily used for overnight accommodation of persons whether or not a person is actually present. Each unit of a structure divided into separate units designed for occupancy is itself an occupied structure; or

(D) Which has not yet been constructed or completed but for which a building permit, where applicable, has been issued and is valid on the date the application for the permit to construct and operate a commercial medical waste incineration facility is filed; and

(3) "Person" means any individual or legal entity.

Amended by Act 2019, No. 910,§ 2690, eff. 7/1/2019.

Acts 1992 (1st Ex. Sess.), No. 75, § 2; 1993, No. 491, § 1; 1993, No. 861, § 1; 1995, No. 496, § 7; 1999, No. 1164, § 82.
Ark. Code Ann. § 8-9-707 — AR Code / Title 8 / Chapter 9 / Subchapter 7 / Section 8-9-707
[Repealed]
Status: repealed

Repealed by Act 2023, No. 676,§ 1, eff. 8/1/2023. Added by Act 2021, No. 839,§ 1, eff. 7/28/2021.

Repealed by Act 2023, No. 676,§ 1, eff. 8/1/2023.

Added by Act 2021, No. 839,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 8-7-101 — AR Code / Title 8 / Chapter 7 / Subchapter 1 / Section 8-7-101
Civil liability of those assisting at accidents - Definitions
Status: in_force

(a) As used in this section, unless the context otherwise requires: (1) "Discharge" means spillage, leakage, seepage, fire, explosion, or other release; and (2) "Hazardous materials" means all materials and substances which are designated or defined as hazardous by law or rule of this state or by law or regulation of the United States Government. (b) Notwithstanding any law to the contrary, no individual, partnership, corporation, association, or other entity shall be liable in civil damages as a result of acts taken, voluntarily and without compensation, in the course of rendering care, assistance, or advice with respect to an incident creating a danger to person, property, or the environment as a result of an actual or threatened discharge of hazardous materials, or in preventing, cleaning up, disposing of, or attempting to prevent, clean up, or dispose of any such discharge. (c) This section shall not preclude liability for civil damages as the result of gross negligence. Reckless, willful, or wanton misconduct shall constitute gross negligence. Amended by Act 2019, No. 315,§ 597, eff. 7/24/2019. Acts 1983, No. 913, §§ 1-3; A.S.A. 1947, §§ 82-4225 -- 82-4227.

(a) As used in this section, unless the context otherwise requires: (1) "Discharge" means spillage, leakage, seepage, fire, explosion, or other release; and (2) "Hazardous materials" means all materials and substances which are designated or defined as hazardous by law or rule of this state or by law or regulation of the United States Government.

(1) "Discharge" means spillage, leakage, seepage, fire, explosion, or other release; and

(2) "Hazardous materials" means all materials and substances which are designated or defined as hazardous by law or rule of this state or by law or regulation of the United States Government.

(b) Notwithstanding any law to the contrary, no individual, partnership, corporation, association, or other entity shall be liable in civil damages as a result of acts taken, voluntarily and without compensation, in the course of rendering care, assistance, or advice with respect to an incident creating a danger to person, property, or the environment as a result of an actual or threatened discharge of hazardous materials, or in preventing, cleaning up, disposing of, or attempting to prevent, clean up, or dispose of any such discharge.

(c) This section shall not preclude liability for civil damages as the result of gross negligence. Reckless, willful, or wanton misconduct shall constitute gross negligence.

Amended by Act 2019, No. 315,§ 597, eff. 7/24/2019.

Acts 1983, No. 913, §§ 1-3; A.S.A. 1947, §§ 82-4225 -- 82-4227.
Ark. Code Ann. § 8-6-1601 — AR Code / Title 8 / Chapter 6 / Subchapter 16 / Section 8-6-1601
Purpose
Status: in_force

(a) The purpose of this subchapter is to establish the procedure for posting financial assurance for all permitted solid waste management facilities. (b) The procedure for issuance of permits for solid waste management facilities shall be as provided in the rules adopted by the Arkansas Pollution Control and Ecology Commission under this subchapter or as otherwise provided by law. (c) (1) After an application to operate a solid waste management facility has been reviewed and approved but before a permit is issued, the applicant shall post with the Division of Environmental Quality, on forms prescribed by the division in accordance with the rules issued under this subchapter, a corporate surety bond for performance or an acceptable alternative, such as a certificate of deposit or letter of credit payable to the division and conditioned upon faithful performance of all requirements of this subchapter, the rules issued pursuant to this subchapter, and the permit, including, but not limited to, proper closure of the solid waste management facility. (2) Liability under the bond shall be for the duration of the disposal operation and for that period required to properly close the solid waste management facility and for post-closure care, in accordance with the rules issued by the commission. Amended by Act 2019, No. 315,§ 584, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2697, eff. 7/1/2019. Acts 1995, No. 510, § 1; 1999, No. 758, § 1; 1999, No. 1164, § 84.

(a) The purpose of this subchapter is to establish the procedure for posting financial assurance for all permitted solid waste management facilities.

(b) The procedure for issuance of permits for solid waste management facilities shall be as provided in the rules adopted by the Arkansas Pollution Control and Ecology Commission under this subchapter or as otherwise provided by law.

(c) (1) After an application to operate a solid waste management facility has been reviewed and approved but before a permit is issued, the applicant shall post with the Division of Environmental Quality, on forms prescribed by the division in accordance with the rules issued under this subchapter, a corporate surety bond for performance or an acceptable alternative, such as a certificate of deposit or letter of credit payable to the division and conditioned upon faithful performance of all requirements of this subchapter, the rules issued pursuant to this subchapter, and the permit, including, but not limited to, proper closure of the solid waste management facility. (2) Liability under the bond shall be for the duration of the disposal operation and for that period required to properly close the solid waste management facility and for post-closure care, in accordance with the rules issued by the commission.

(1) After an application to operate a solid waste management facility has been reviewed and approved but before a permit is issued, the applicant shall post with the Division of Environmental Quality, on forms prescribed by the division in accordance with the rules issued under this subchapter, a corporate surety bond for performance or an acceptable alternative, such as a certificate of deposit or letter of credit payable to the division and conditioned upon faithful performance of all requirements of this subchapter, the rules issued pursuant to this subchapter, and the permit, including, but not limited to, proper closure of the solid waste management facility.

(2) Liability under the bond shall be for the duration of the disposal operation and for that period required to properly close the solid waste management facility and for post-closure care, in accordance with the rules issued by the commission.

Amended by Act 2019, No. 315,§ 584, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2697, eff. 7/1/2019.

Acts 1995, No. 510, § 1; 1999, No. 758, § 1; 1999, No. 1164, § 84.
Ark. Code Ann. § 8-7-704 — AR Code / Title 8 / Chapter 7 / Subchapter 7 / Section 8-7-704
Injunction
Status: in_force

The circuit court of the county in which the hazardous site is located shall have jurisdiction to enjoin any passive-site owner from unduly impeding or interfering with the implementation of a response action at such hazardous site. Acts 1989, No. 350, § 5.

The circuit court of the county in which the hazardous site is located shall have jurisdiction to enjoin any passive-site owner from unduly impeding or interfering with the implementation of a response action at such hazardous site.

Acts 1989, No. 350, § 5.
Ark. Code Ann. § 8-15-117 — AR Code / Title 8 / Chapter 15 / Section 8-15-117
Sale
Status: in_force

The bonds may be sold in such a manner, either at public or private sale, and upon such terms as the board of directors of a property assessed energy improvement district shall determine to be reasonable and expedient for effectuating the purposes of this chapter. Added by Act 2013, No. 1074,§ 1, eff. 8/16/2013.

The bonds may be sold in such a manner, either at public or private sale, and upon such terms as the board of directors of a property assessed energy improvement district shall determine to be reasonable and expedient for effectuating the purposes of this chapter.

Added by Act 2013, No. 1074,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 8-7-208 — AR Code / Title 8 / Chapter 7 / Subchapter 2 / Section 8-7-208
Official agency for program and agreements
Status: in_force

(a) The Division of Environmental Quality is designated as the official agency for the state for all purposes of the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq., and for the purpose of such other state or federal legislation as may be enacted to assist in the management of hazardous wastes. (b) (1) The General Assembly encourages cooperative activities by the division with other states for the improved management of hazardous wastes and, so far as is practicable, uniform state laws relating to the management of hazardous wastes and compacts between this and other states for the improved management of hazardous wastes. (2) The division may enter into agreements with the responsible authorities of the United States or of other states, subject to approval by the Governor, relative to policies, methods, means, and procedures to be employed in the management of hazardous wastes not inconsistent with the provisions of this subchapter and may carry out such agreements. Amended by Act 2019, No. 910,§ 2718, eff. 7/1/2019. Acts 1979, No. 406, § 10; A.S.A. 1947, § 82-4210.

(a) The Division of Environmental Quality is designated as the official agency for the state for all purposes of the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq., and for the purpose of such other state or federal legislation as may be enacted to assist in the management of hazardous wastes.

(b) (1) The General Assembly encourages cooperative activities by the division with other states for the improved management of hazardous wastes and, so far as is practicable, uniform state laws relating to the management of hazardous wastes and compacts between this and other states for the improved management of hazardous wastes. (2) The division may enter into agreements with the responsible authorities of the United States or of other states, subject to approval by the Governor, relative to policies, methods, means, and procedures to be employed in the management of hazardous wastes not inconsistent with the provisions of this subchapter and may carry out such agreements.

(1) The General Assembly encourages cooperative activities by the division with other states for the improved management of hazardous wastes and, so far as is practicable, uniform state laws relating to the management of hazardous wastes and compacts between this and other states for the improved management of hazardous wastes.

(2) The division may enter into agreements with the responsible authorities of the United States or of other states, subject to approval by the Governor, relative to policies, methods, means, and procedures to be employed in the management of hazardous wastes not inconsistent with the provisions of this subchapter and may carry out such agreements.

Amended by Act 2019, No. 910,§ 2718, eff. 7/1/2019.

Acts 1979, No. 406, § 10; A.S.A. 1947, § 82-4210.
Ark. Code Ann. § 8-6-409 — AR Code / Title 8 / Chapter 6 / Subchapter 4 / Section 8-6-409
Prima facie evidence against drivers
Status: in_force

If the throwing, dumping, or depositing of litter was done from a vehicle, except a motor bus, it shall be prima facie evidence that the throwing, dumping, or depositing was done by the driver of the vehicle. Acts 1977, No. 883, § 5; A.S.A. 1947, § 82-3905.

If the throwing, dumping, or depositing of litter was done from a vehicle, except a motor bus, it shall be prima facie evidence that the throwing, dumping, or depositing was done by the driver of the vehicle.

Acts 1977, No. 883, § 5; A.S.A. 1947, § 82-3905.
Ark. Code Ann. § 8-9-804 — AR Code / Title 8 / Chapter 9 / Subchapter 8 / Section 8-9-804
Creation of program - Authorization to enter into charter
Status: in_force

The Division of Environmental Quality shall establish the Arkansas Nuclear Recycling Program to: (1) Secure a federal charter from the United States Government and receive federal funding for the program as outlined in the Acts 2021, No. 1092, report submitted to the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor; and (2) Perform research to establish and identify the following for technical and economic feasibility and commercial viability: (A) Recycling spent nuclear fuel; (B) The market value of recycled spent nuclear fuel; (C) Through design documentation, the cost and schedule to build a nuclear recycling facility; (D) Potential sites within the state that meet specific seismic and accessibility criteria meeting federal requirements to establish a port or rail yard and transfer area; and (E) An analysis on acceptable methods of: (i) Shipping the spent nuclear fuel to the selected sites under study; (ii) Returning the shipping containers back to the sender for reuse and reloading; (iii) Interim storage of the spent nuclear fuel; (iv) Interim storage of recycled spent nuclear fuel; (v) Storage of short-term waste by-products; and (vi) Disposal of long-term waste by-products. Added by Act 2023, No. 259,§ 1, eff. 8/1/2023.

The Division of Environmental Quality shall establish the Arkansas Nuclear Recycling Program to:

(1) Secure a federal charter from the United States Government and receive federal funding for the program as outlined in the Acts 2021, No. 1092, report submitted to the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor; and

(2) Perform research to establish and identify the following for technical and economic feasibility and commercial viability: (A) Recycling spent nuclear fuel; (B) The market value of recycled spent nuclear fuel; (C) Through design documentation, the cost and schedule to build a nuclear recycling facility; (D) Potential sites within the state that meet specific seismic and accessibility criteria meeting federal requirements to establish a port or rail yard and transfer area; and (E) An analysis on acceptable methods of: (i) Shipping the spent nuclear fuel to the selected sites under study; (ii) Returning the shipping containers back to the sender for reuse and reloading; (iii) Interim storage of the spent nuclear fuel; (iv) Interim storage of recycled spent nuclear fuel; (v) Storage of short-term waste by-products; and (vi) Disposal of long-term waste by-products.

(A) Recycling spent nuclear fuel;

(B) The market value of recycled spent nuclear fuel;

(C) Through design documentation, the cost and schedule to build a nuclear recycling facility;

(D) Potential sites within the state that meet specific seismic and accessibility criteria meeting federal requirements to establish a port or rail yard and transfer area; and

(E) An analysis on acceptable methods of: (i) Shipping the spent nuclear fuel to the selected sites under study; (ii) Returning the shipping containers back to the sender for reuse and reloading; (iii) Interim storage of the spent nuclear fuel; (iv) Interim storage of recycled spent nuclear fuel; (v) Storage of short-term waste by-products; and (vi) Disposal of long-term waste by-products.

(i) Shipping the spent nuclear fuel to the selected sites under study;

(ii) Returning the shipping containers back to the sender for reuse and reloading;

(iii) Interim storage of the spent nuclear fuel;

(iv) Interim storage of recycled spent nuclear fuel;

(v) Storage of short-term waste by-products; and

(vi) Disposal of long-term waste by-products.

Added by Act 2023, No. 259,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 8-6-1007 — AR Code / Title 8 / Chapter 6 / Subchapter 10 / Section 8-6-1007
Moneys used for landfill remediation or closure
Status: in_force

A landfill of any class that receives moneys from the Division of Environmental Quality from the Landfill Post-Closure Trust Fund for remediation or closure shall remain closed and unavailable to receive solid waste until the following conditions are met: (1) Full reimbursement to the fund of moneys received by the landfill for remediation or closure; (2) Approval for a new certificate of need for the landfill from the regional solid waste management board; and (3) At least one (1) public hearing for public input concerning the opening of the landfill held by the regional solid waste management district. Added by Act 2023, No. 833,§ 1, eff. 4/13/2023.

A landfill of any class that receives moneys from the Division of Environmental Quality from the Landfill Post-Closure Trust Fund for remediation or closure shall remain closed and unavailable to receive solid waste until the following conditions are met:

(1) Full reimbursement to the fund of moneys received by the landfill for remediation or closure;

(2) Approval for a new certificate of need for the landfill from the regional solid waste management board; and

(3) At least one (1) public hearing for public input concerning the opening of the landfill held by the regional solid waste management district.

Added by Act 2023, No. 833,§ 1, eff. 4/13/2023.
Ark. Code Ann. § 8-1-201 — AR Code / Title 8 / Chapter 1 / Subchapter 2 / Section 8-1-201
Legislative intent
Status: in_force

(a) The General Assembly recognizes that since 1949, when the precursor of the Arkansas Pollution Control and Ecology Commission was first created, significant changes have occurred in the responsibilities charged to the state's environmental agency. This subchapter intends to clarify and supersede prior law that does not comport with this delineation of responsibility between the Division of Environmental Quality and the commission. (b) Further, in delineating the responsibility between the division and the commission, it is the intent of the General Assembly neither to expand nor to diminish any rights of property owners of this state under Arkansas Constitution, Article 2, § 22. Amended by Act 2019, No. 910,§ 2430, eff. 7/1/2019. Acts 1991, No. 1230, § 1; 1993, No. 163, § 5; 1993, No. 165, § 5; 1997, No. 1219, § 4.

(a) The General Assembly recognizes that since 1949, when the precursor of the Arkansas Pollution Control and Ecology Commission was first created, significant changes have occurred in the responsibilities charged to the state's environmental agency. This subchapter intends to clarify and supersede prior law that does not comport with this delineation of responsibility between the Division of Environmental Quality and the commission.

(b) Further, in delineating the responsibility between the division and the commission, it is the intent of the General Assembly neither to expand nor to diminish any rights of property owners of this state under Arkansas Constitution, Article 2, § 22.

Amended by Act 2019, No. 910,§ 2430, eff. 7/1/2019.

Acts 1991, No. 1230, § 1; 1993, No. 163, § 5; 1993, No. 165, § 5; 1997, No. 1219, § 4.
Ark. Code Ann. § 8-6-201 — AR Code / Title 8 / Chapter 6 / Subchapter 2 / Section 8-6-201
Title
Status: in_force

This subchapter may be cited as the "Arkansas Solid Waste Management Act". Acts 1971, No. 237, § 1; A.S.A. 1947, § 82-2701.

This subchapter may be cited as the "Arkansas Solid Waste Management Act".

Acts 1971, No. 237, § 1; A.S.A. 1947, § 82-2701.
Ark. Code Ann. § 8-6-501 — AR Code / Title 8 / Chapter 6 / Subchapter 5 / Section 8-6-501
et seq - [Repealed]
Status: repealed

Repealed by Act 2019, No. 1067,§ 5, eff. 5/1/2020. Acts 1995, No. 502, § 1; 1997, No. 938, § 1.

Repealed by Act 2019, No. 1067,§ 5, eff. 5/1/2020.

Acts 1995, No. 502, § 1; 1997, No. 938, § 1.
Ark. Code Ann. § 8-6-909 — AR Code / Title 8 / Chapter 6 / Subchapter 9 / Section 8-6-909
Fees
Status: in_force

(a) The Arkansas Pollution Control and Ecology Commission shall have the authority to set fees in an amount to cover the cost of the administration of this subchapter. These fees to be assessed per classification of certification shall not exceed fifty dollars ($50.00) for the initial cost of a testing application and license, fifty dollars ($50.00) for the cost of reciprocity review and license, twenty-five dollars ($25.00) annually to be paid on a biennial basis at the time of license renewal, twenty-five dollars ($25.00) for provisional certificates, and a penalty of ten dollars ($10.00) for late renewal. (b) All of the fees shall be deposited into the Division of Environmental Quality Fee Trust Fund, as established in § 8-1-105 . Amended by Act 2021, No. 773,§ 5, eff. 7/28/2021. Amended by Act 2019, No. 910,§ 2675, eff. 7/1/2019. Acts 1991, No. 750, § 1; 1995, No. 165, § 1; 1995, No. 193, § 1; 1997, No. 1254, § 5; 1999, No. 1164, § 76.

(a) The Arkansas Pollution Control and Ecology Commission shall have the authority to set fees in an amount to cover the cost of the administration of this subchapter. These fees to be assessed per classification of certification shall not exceed fifty dollars ($50.00) for the initial cost of a testing application and license, fifty dollars ($50.00) for the cost of reciprocity review and license, twenty-five dollars ($25.00) annually to be paid on a biennial basis at the time of license renewal, twenty-five dollars ($25.00) for provisional certificates, and a penalty of ten dollars ($10.00) for late renewal.

(b) All of the fees shall be deposited into the Division of Environmental Quality Fee Trust Fund, as established in § 8-1-105 .

Amended by Act 2021, No. 773,§ 5, eff. 7/28/2021.

Amended by Act 2019, No. 910,§ 2675, eff. 7/1/2019.

Acts 1991, No. 750, § 1; 1995, No. 165, § 1; 1995, No. 193, § 1; 1997, No. 1254, § 5; 1999, No. 1164, § 76.
Ark. Code Ann. § 8-7-215 — AR Code / Title 8 / Chapter 7 / Subchapter 2 / Section 8-7-215
Permits - Requirement
Status: in_force

(a) No person shall construct, substantially alter, or operate any hazardous waste treatment or disposal facility or site, nor shall any person store, treat, or dispose of any hazardous waste without first obtaining a permit from the Division of Environmental Quality for the facility, site, or activity. (b) Persons who construct, substantially alter, or operate a facility which generates hazardous waste shall be subject to the reporting requirements of this subchapter but shall not be required to obtain a permit under this subchapter unless such person also stores, treats, or disposes of hazardous waste. Amended by Act 2019, No. 910,§ 2730, eff. 7/1/2019. Acts 1979, No. 406, § 5; A.S.A. 1947, § 82-4205; Acts 1997, No. 1055, § 3.

(a) No person shall construct, substantially alter, or operate any hazardous waste treatment or disposal facility or site, nor shall any person store, treat, or dispose of any hazardous waste without first obtaining a permit from the Division of Environmental Quality for the facility, site, or activity.

(b) Persons who construct, substantially alter, or operate a facility which generates hazardous waste shall be subject to the reporting requirements of this subchapter but shall not be required to obtain a permit under this subchapter unless such person also stores, treats, or disposes of hazardous waste.

Amended by Act 2019, No. 910,§ 2730, eff. 7/1/2019.

Acts 1979, No. 406, § 5; A.S.A. 1947, § 82-4205; Acts 1997, No. 1055, § 3.
Ark. Code Ann. § 8-7-514 — AR Code / Title 8 / Chapter 7 / Subchapter 5 / Section 8-7-514
Recovery of expenditures generally
Status: in_force

(a) After an expenditure from the Hazardous Substance Remedial Action Trust Fund for a removal action or remedial action, the Division of Environmental Quality shall institute action to recover the expenditure from the person or persons liable for causing the release of the hazardous substance, including taking any appropriate legal action. (b) Making use of any and all appropriate existing state legal remedies, the division or the Attorney General shall act to recover the amount expended by the state for any and all remedial action or removal actions from any and all parties identified as responsible parties for each hazardous substance. (c) All moneys recovered from responsible parties pursuant to this section shall be deposited into the fund. Amended by Act 2019, No. 910,§ 2766, eff. 7/1/2019. Acts 1985, No. 479, §§ 8, 9; A.S.A. 1947, §§ 82-4719, 82-4720; Acts 1991, No. 516, § 3; 1999, No. 1164, § 100; 2005, No. 1824, § 11.

(a) After an expenditure from the Hazardous Substance Remedial Action Trust Fund for a removal action or remedial action, the Division of Environmental Quality shall institute action to recover the expenditure from the person or persons liable for causing the release of the hazardous substance, including taking any appropriate legal action.

(b) Making use of any and all appropriate existing state legal remedies, the division or the Attorney General shall act to recover the amount expended by the state for any and all remedial action or removal actions from any and all parties identified as responsible parties for each hazardous substance.

(c) All moneys recovered from responsible parties pursuant to this section shall be deposited into the fund.

Amended by Act 2019, No. 910,§ 2766, eff. 7/1/2019.

Acts 1985, No. 479, §§ 8, 9; A.S.A. 1947, §§ 82-4719, 82-4720; Acts 1991, No. 516, § 3; 1999, No. 1164, § 100; 2005, No. 1824, § 11.
Ark. Code Ann. § 8-7-218 — AR Code / Title 8 / Chapter 7 / Subchapter 2 / Section 8-7-218
Permits - Compliance with subchapter, state and federal standards, regulations, etc
Status: in_force

(a) No permits shall be issued by the Division of Environmental Quality for any facility unless the division, after opportunity for public comment, has determined that the facility has been designed and will be operated in such manner that any emission from the facility will comply with the provisions of this subchapter and all applicable state and federal standards and state rules and federal regulations concerning air and water quality and that the transfer, handling, and storage of materials within the facility will not cause conditions which would violate state and federal standards concerning worker safety or create unreasonable hazards to the environment or to the health and welfare of the people living and working in or near the facility. (b) (1) No permit shall be issued by the division for any commercial disposal or storage facility off the site where the hazardous waste is generated until the division has adopted rules, standards, and procedures pursuant to § 8-7-209 . (2) The rules, standards, procedures, or other requirements adopted and imposed by the division shall not be less stringent than the regulations promulgated or revised by the United States Environmental Protection Agency pursuant to the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq. (c) No permit shall be issued for hazardous waste treatment, storage, or disposal facilities except under the terms of rules of the division which conform to the provisions of § 3005 of the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6925 . Amended by Act 2019, No. 315,§ 616, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2734, eff. 7/1/2019. Acts 1979, No. 406, § 5; A.S.A. 1947, § 82-4205; Acts 1989, No. 643, § 7; 1999, No. 1164, § 91.

(a) No permits shall be issued by the Division of Environmental Quality for any facility unless the division, after opportunity for public comment, has determined that the facility has been designed and will be operated in such manner that any emission from the facility will comply with the provisions of this subchapter and all applicable state and federal standards and state rules and federal regulations concerning air and water quality and that the transfer, handling, and storage of materials within the facility will not cause conditions which would violate state and federal standards concerning worker safety or create unreasonable hazards to the environment or to the health and welfare of the people living and working in or near the facility.

(b) (1) No permit shall be issued by the division for any commercial disposal or storage facility off the site where the hazardous waste is generated until the division has adopted rules, standards, and procedures pursuant to § 8-7-209 . (2) The rules, standards, procedures, or other requirements adopted and imposed by the division shall not be less stringent than the regulations promulgated or revised by the United States Environmental Protection Agency pursuant to the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq.

(1) No permit shall be issued by the division for any commercial disposal or storage facility off the site where the hazardous waste is generated until the division has adopted rules, standards, and procedures pursuant to § 8-7-209 .

(2) The rules, standards, procedures, or other requirements adopted and imposed by the division shall not be less stringent than the regulations promulgated or revised by the United States Environmental Protection Agency pursuant to the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq.

(c) No permit shall be issued for hazardous waste treatment, storage, or disposal facilities except under the terms of rules of the division which conform to the provisions of § 3005 of the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6925 .

Amended by Act 2019, No. 315,§ 616, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2734, eff. 7/1/2019.

Acts 1979, No. 406, § 5; A.S.A. 1947, § 82-4205; Acts 1989, No. 643, § 7; 1999, No. 1164, § 91.
Ark. Code Ann. § 8-6-1306 — AR Code / Title 8 / Chapter 6 / Subchapter 13 / Section 8-6-1306
Permits - Limitations
Status: in_force

(a) No permits may be issued by the Division of Environmental Quality for the construction or operation of a commercial medical waste incineration facility in which any of the following factors are present: (1) The location of the commercial medical waste incineration facility is within one (1) mile of any occupied structure; (2) The location of the commercial medical waste incineration facility is within an active fault zone or an area of high earthquake potential; (3) The location of the commercial medical waste incineration facility is within a regulatory floodway, as adopted by communities participating in the National Flood Insurance Program managed by the Federal Emergency Management Agency; or (4) The location of the commercial medical waste incineration facility is within wetland areas. (b) Exceptions may be made to these requirements only by obtaining written permission from all real property owners and residents of any property adjacent to the site of the proposed commercial medical waste incineration facility. Amended by Act 2019, No. 910,§ 2693, eff. 7/1/2019. Acts 1992 (1st Ex. Sess.), No. 75, § 5.

(a) No permits may be issued by the Division of Environmental Quality for the construction or operation of a commercial medical waste incineration facility in which any of the following factors are present: (1) The location of the commercial medical waste incineration facility is within one (1) mile of any occupied structure; (2) The location of the commercial medical waste incineration facility is within an active fault zone or an area of high earthquake potential; (3) The location of the commercial medical waste incineration facility is within a regulatory floodway, as adopted by communities participating in the National Flood Insurance Program managed by the Federal Emergency Management Agency; or (4) The location of the commercial medical waste incineration facility is within wetland areas.

(1) The location of the commercial medical waste incineration facility is within one (1) mile of any occupied structure;

(2) The location of the commercial medical waste incineration facility is within an active fault zone or an area of high earthquake potential;

(3) The location of the commercial medical waste incineration facility is within a regulatory floodway, as adopted by communities participating in the National Flood Insurance Program managed by the Federal Emergency Management Agency; or

(4) The location of the commercial medical waste incineration facility is within wetland areas.

(b) Exceptions may be made to these requirements only by obtaining written permission from all real property owners and residents of any property adjacent to the site of the proposed commercial medical waste incineration facility.

Amended by Act 2019, No. 910,§ 2693, eff. 7/1/2019.

Acts 1992 (1st Ex. Sess.), No. 75, § 5.
Ark. Code Ann. § 8-6-1904 — AR Code / Title 8 / Chapter 6 / Subchapter 19 / Section 8-6-1904
Development and implementation
Status: in_force

(a) The Division of Environmental Quality shall develop the Statewide Solid Waste Management Plan to establish minimum requirements for all regional solid waste management plans, including requirements for: (1) Strategic planning; (2) Reporting; (3) Public notice and participation; (4) Services; and (5) Solutions to problems and issues. (b) Within one (1) year after the Statewide Solid Waste Management Plan becomes final, each regional solid waste management board shall develop a regional solid waste management plan for division review and approval, which includes the minimum requirements contained in the Statewide Solid Waste Management Plan. This new regional solid waste management plan shall replace any existing regional solid waste management plan previously developed. (c) Failure of any board to develop or implement any requirement contained in the Statewide Solid Waste Management Plan shall subject the board to: (1) The penalty and enforcement provisions contained in § 8-6-204 ; or (2) Denial, discontinuation, or reimbursement of any funding administered by the division to the board. (d) The Arkansas Pollution Control and Ecology Commission may adopt reasonable rules necessary to implement or effectuate the purposes and intent of this subchapter. Amended by Act 2019, No. 315,§ 596, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2706, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2705, eff. 7/1/2019. Amended by Act 2013, No. 1153,§ 3, eff. 8/16/2013. Acts 2001, No. 1376, § 1.

(a) The Division of Environmental Quality shall develop the Statewide Solid Waste Management Plan to establish minimum requirements for all regional solid waste management plans, including requirements for: (1) Strategic planning; (2) Reporting; (3) Public notice and participation; (4) Services; and (5) Solutions to problems and issues.

(1) Strategic planning;

(2) Reporting;

(3) Public notice and participation;

(4) Services; and

(5) Solutions to problems and issues.

(b) Within one (1) year after the Statewide Solid Waste Management Plan becomes final, each regional solid waste management board shall develop a regional solid waste management plan for division review and approval, which includes the minimum requirements contained in the Statewide Solid Waste Management Plan. This new regional solid waste management plan shall replace any existing regional solid waste management plan previously developed.

(c) Failure of any board to develop or implement any requirement contained in the Statewide Solid Waste Management Plan shall subject the board to: (1) The penalty and enforcement provisions contained in § 8-6-204 ; or (2) Denial, discontinuation, or reimbursement of any funding administered by the division to the board.

(1) The penalty and enforcement provisions contained in § 8-6-204 ; or

(2) Denial, discontinuation, or reimbursement of any funding administered by the division to the board.

(d) The Arkansas Pollution Control and Ecology Commission may adopt reasonable rules necessary to implement or effectuate the purposes and intent of this subchapter.

Amended by Act 2019, No. 315,§ 596, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2706, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2705, eff. 7/1/2019.

Amended by Act 2013, No. 1153,§ 3, eff. 8/16/2013.

Acts 2001, No. 1376, § 1.
Ark. Code Ann. § 8-6-610 — AR Code / Title 8 / Chapter 6 / Subchapter 6 / Section 8-6-610
Rules
Status: in_force

(a) The Arkansas Pollution Control and Ecology Commission may adopt reasonable rules necessary to implement this subchapter, including without limitation: (1) Collecting fees; and (2) Setting priorities for the administration of this subchapter. (b) The rules shall be reviewed by the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor or appropriate subcommittees of the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor. Amended by Act 2019, No. 315,§ 545, eff. 7/24/2019. Amended by Act 2013, No. 1333,§ 4, eff. 8/16/2013. Acts 1989, No. 849, § 10; 1989, No. 934, § 10; 1991, No. 749, § 6; 1997, No. 179, § 4; 2001, No. 70, § 2; 2011, No. 819, § 5.

(a) The Arkansas Pollution Control and Ecology Commission may adopt reasonable rules necessary to implement this subchapter, including without limitation: (1) Collecting fees; and (2) Setting priorities for the administration of this subchapter.

(1) Collecting fees; and

(2) Setting priorities for the administration of this subchapter.

(b) The rules shall be reviewed by the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor or appropriate subcommittees of the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor.

Amended by Act 2019, No. 315,§ 545, eff. 7/24/2019.

Amended by Act 2013, No. 1333,§ 4, eff. 8/16/2013.

Acts 1989, No. 849, § 10; 1989, No. 934, § 10; 1991, No. 749, § 6; 1997, No. 179, § 4; 2001, No. 70, § 2; 2011, No. 819, § 5.
Ark. Code Ann. § 8-7-1010 — AR Code / Title 8 / Chapter 7 / Subchapter 10 / Section 8-7-1010
Rights of public employees
Status: in_force

(a) Public employees who may be exposed to hazardous chemicals shall be informed of such exposure and shall have access to the workplace chemical list, material safety data sheets for the hazardous chemicals on the workplace chemical list, and information and training as provided in this subchapter. (b) No public employer shall discharge or cause to be discharged or otherwise discipline or discriminate against a public employee because the public employee has requested information, filed a complaint, assisted an inspector of the Director of the Division of Labor, or instituted or caused to be instituted any complaint or proceeding under or related to this subchapter or has testified or is about to testify in any such proceeding or has exercised any rights afforded by this subchapter on behalf of the public employee or other public employees, nor shall any pay, position, seniority, or other benefits to which the public employee may be entitled be lost because the public employee exercised rights afforded by this subchapter. (c) Any waiver of the benefits or requirements of this subchapter shall be against public policy and shall be null and void. Any public employer's request or requirement that a person waive any rights under this subchapter as a condition of or in connection with employment shall constitute a violation. Amended by Act 2019, No. 910,§ 5273, eff. 7/1/2019. Acts 1991, No. 556, § 10; 1991, No. 1172, § 10.

(a) Public employees who may be exposed to hazardous chemicals shall be informed of such exposure and shall have access to the workplace chemical list, material safety data sheets for the hazardous chemicals on the workplace chemical list, and information and training as provided in this subchapter.

(b) No public employer shall discharge or cause to be discharged or otherwise discipline or discriminate against a public employee because the public employee has requested information, filed a complaint, assisted an inspector of the Director of the Division of Labor, or instituted or caused to be instituted any complaint or proceeding under or related to this subchapter or has testified or is about to testify in any such proceeding or has exercised any rights afforded by this subchapter on behalf of the public employee or other public employees, nor shall any pay, position, seniority, or other benefits to which the public employee may be entitled be lost because the public employee exercised rights afforded by this subchapter.

(c) Any waiver of the benefits or requirements of this subchapter shall be against public policy and shall be null and void. Any public employer's request or requirement that a person waive any rights under this subchapter as a condition of or in connection with employment shall constitute a violation.

Amended by Act 2019, No. 910,§ 5273, eff. 7/1/2019.

Acts 1991, No. 556, § 10; 1991, No. 1172, § 10.
Ark. Code Ann. § 8-7-212 — AR Code / Title 8 / Chapter 7 / Subchapter 2 / Section 8-7-212
Considerations in administration
Status: in_force

(a) In administering the provisions of this subchapter, the Division of Environmental Quality may adopt and give appropriate effect to variations within this state in climate, geology, population density, and such other factors as may be relevant to the management of hazardous waste, the establishment of standards and permit conditions, and to the siting of permitted facilities. (b) To the extent practicable, the rules and procedures adopted by the division pursuant to this subchapter shall be consistent with other environmentally related rules and procedures of the division. In administering the provisions of this subchapter and of all other laws under the administration of the division, the division and the Arkansas Pollution Control and Ecology Commission shall coordinate and expedite the issuance of permits required by an applicant under one (1) or more laws, to the end of eliminating, insofar as practicable, any duplication of unnecessary time and expense to the applicant and the division. (c) The division shall integrate all provisions of this subchapter with the appropriate provisions of all other laws which grant regulatory authority to the division for purposes of administration and enforcement and shall avoid duplication to the maximum extent practicable. Amended by Act 2019, No. 315,§ 614, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2727, eff. 7/1/2019. Acts 1979, No. 406, § 6; A.S.A. 1947, § 82-4206.

(a) In administering the provisions of this subchapter, the Division of Environmental Quality may adopt and give appropriate effect to variations within this state in climate, geology, population density, and such other factors as may be relevant to the management of hazardous waste, the establishment of standards and permit conditions, and to the siting of permitted facilities.

(b) To the extent practicable, the rules and procedures adopted by the division pursuant to this subchapter shall be consistent with other environmentally related rules and procedures of the division. In administering the provisions of this subchapter and of all other laws under the administration of the division, the division and the Arkansas Pollution Control and Ecology Commission shall coordinate and expedite the issuance of permits required by an applicant under one (1) or more laws, to the end of eliminating, insofar as practicable, any duplication of unnecessary time and expense to the applicant and the division.

(c) The division shall integrate all provisions of this subchapter with the appropriate provisions of all other laws which grant regulatory authority to the division for purposes of administration and enforcement and shall avoid duplication to the maximum extent practicable.

Amended by Act 2019, No. 315,§ 614, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2727, eff. 7/1/2019.

Acts 1979, No. 406, § 6; A.S.A. 1947, § 82-4206.
Ark. Code Ann. § 8-6-719 — AR Code / Title 8 / Chapter 6 / Subchapter 7 / Section 8-6-719
Regional composting program
Status: in_force

(a) Each regional solid waste management board shall establish a program for the composting of yard waste. (b) Each board shall establish a pilot program for the composting of yard waste collected in an area with a population of at least five thousand (5,000) persons. The pilot program shall be established in each regional solid waste management district by July 1, 1992. Acts 1991, No. 752, § 2.

(a) Each regional solid waste management board shall establish a program for the composting of yard waste.

(b) Each board shall establish a pilot program for the composting of yard waste collected in an area with a population of at least five thousand (5,000) persons. The pilot program shall be established in each regional solid waste management district by July 1, 1992.

Acts 1991, No. 752, § 2.
Ark. Code Ann. § 8-7-201 — AR Code / Title 8 / Chapter 7 / Subchapter 2 / Section 8-7-201
Title
Status: in_force

This subchapter may be cited as the "Arkansas Hazardous Waste Management Act of 1979". Acts 1979, No. 406, § 1; A.S.A. 1947, § 82-4201.

This subchapter may be cited as the "Arkansas Hazardous Waste Management Act of 1979".

Acts 1979, No. 406, § 1; A.S.A. 1947, § 82-4201.
Ark. Code Ann. § 8-11-102 — AR Code / Title 8 / Chapter 11 / Section 8-11-102
Purpose
Status: in_force

(a) The improvement of the environment of the State of Arkansas is a matter of concern to all citizens of this state, and existing environmental law plays a critical role in protecting the environment. (b) Environmental protection could be enhanced by authorizing innovative advances in environmental regulatory methods. (c) Arkansas should develop environmental regulatory methods that: (1) Encourage facility owners and operators to assess the pollution they emit or cause, directly and indirectly, to the air, water, and land; (2) Encourage facility owners and operators to innovate, set measurable and verifiable goals, and implement the most effective pollution prevention, source reduction, or other pollution reduction strategies for their particular facilities while complying with verifiable and enforceable pollution limits; (3) Reward facility owners and operators that reduce pollution to levels below those required by applicable law; and (4) Reduce the time and money spent by agencies and facility owners and operators on paperwork and other administrative tasks that do not benefit the environment. Acts 1999, No. 500, § 1.

(a) The improvement of the environment of the State of Arkansas is a matter of concern to all citizens of this state, and existing environmental law plays a critical role in protecting the environment.

(b) Environmental protection could be enhanced by authorizing innovative advances in environmental regulatory methods.

(c) Arkansas should develop environmental regulatory methods that: (1) Encourage facility owners and operators to assess the pollution they emit or cause, directly and indirectly, to the air, water, and land; (2) Encourage facility owners and operators to innovate, set measurable and verifiable goals, and implement the most effective pollution prevention, source reduction, or other pollution reduction strategies for their particular facilities while complying with verifiable and enforceable pollution limits; (3) Reward facility owners and operators that reduce pollution to levels below those required by applicable law; and (4) Reduce the time and money spent by agencies and facility owners and operators on paperwork and other administrative tasks that do not benefit the environment.

(1) Encourage facility owners and operators to assess the pollution they emit or cause, directly and indirectly, to the air, water, and land;

(2) Encourage facility owners and operators to innovate, set measurable and verifiable goals, and implement the most effective pollution prevention, source reduction, or other pollution reduction strategies for their particular facilities while complying with verifiable and enforceable pollution limits;

(3) Reward facility owners and operators that reduce pollution to levels below those required by applicable law; and

(4) Reduce the time and money spent by agencies and facility owners and operators on paperwork and other administrative tasks that do not benefit the environment.

Acts 1999, No. 500, § 1.
Ark. Code Ann. § 8-7-306 — AR Code / Title 8 / Chapter 7 / Subchapter 3 / Section 8-7-306
[Repealed]
Status: repealed

Repealed by Act 2015, No. 1264,§ 7, eff. 7/22/2015. Acts 1979, No. 1098, § 7; 1985, No. 922, § 5; A.S.A. 1947, § 82-4223.

Repealed by Act 2015, No. 1264,§ 7, eff. 7/22/2015.

Acts 1979, No. 1098, § 7; 1985, No. 922, § 5; A.S.A. 1947, § 82-4223.
Ark. Code Ann. § 8-3-209 — AR Code / Title 8 / Chapter 3 / Subchapter 2 / Section 8-3-209
[Repealed]
Status: repealed

Repealed by Act 2021, No. 639,§ 6, eff. 7/28/2021. Added by Act 2019, No. 934,§ 6, eff. 7/24/2019.

Repealed by Act 2021, No. 639,§ 6, eff. 7/28/2021.

Added by Act 2019, No. 934,§ 6, eff. 7/24/2019.
Ark. Code Ann. § 8-7-224 — AR Code / Title 8 / Chapter 7 / Subchapter 2 / Section 8-7-224
Rules for transporting hazardous waste
Status: in_force

(a) (1) Following notice and public hearing, the Arkansas Department of Transportation, in consultation with the Division of Environmental Quality, shall issue rules for the transportation of hazardous waste. (2) The rules shall be consistent with applicable rules and regulations issued by the United States Department of Transportation and with any rules and standards issued by the division under this subchapter. (b) The provisions of this section shall apply equally to those persons transporting hazardous waste generated by others and to those transporting hazardous waste they have generated themselves, or combinations thereof. Amended by Act 2019, No. 315,§ 619, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2740, eff. 7/1/2019. Amended by Act 2017, No. 707,§ 11, eff. 8/1/2017. Acts 1979, No. 406, § 7; A.S.A. 1947, § 82-4207.

(a) (1) Following notice and public hearing, the Arkansas Department of Transportation, in consultation with the Division of Environmental Quality, shall issue rules for the transportation of hazardous waste. (2) The rules shall be consistent with applicable rules and regulations issued by the United States Department of Transportation and with any rules and standards issued by the division under this subchapter.

(1) Following notice and public hearing, the Arkansas Department of Transportation, in consultation with the Division of Environmental Quality, shall issue rules for the transportation of hazardous waste.

(2) The rules shall be consistent with applicable rules and regulations issued by the United States Department of Transportation and with any rules and standards issued by the division under this subchapter.

(b) The provisions of this section shall apply equally to those persons transporting hazardous waste generated by others and to those transporting hazardous waste they have generated themselves, or combinations thereof.

Amended by Act 2019, No. 315,§ 619, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2740, eff. 7/1/2019.

Amended by Act 2017, No. 707,§ 11, eff. 8/1/2017.

Acts 1979, No. 406, § 7; A.S.A. 1947, § 82-4207.
Ark. Code Ann. § 8-7-225 — AR Code / Title 8 / Chapter 7 / Subchapter 2 / Section 8-7-225
Records and examinations
Status: in_force

(a) The owner or operator of any hazardous waste management facility or site shall notify the Division of Environmental Quality as to hazardous waste management activities in accordance with the requirements of this subchapter and rules, permits, and orders issued under this subchapter, and shall establish and maintain such records, make such reports, install, use, and maintain such monitoring equipment or methods, take such samples, perform such tests, and provide such other information to the division as the Director of the Division of Environmental Quality may reasonably require. (b) The division or any authorized employee or agent thereof may examine and copy any books, papers, records, or memoranda pertaining to the operation of the facility or site. (c) The division or any authorized employee or agent thereof may enter upon any public or private property for the purpose of obtaining information or conducting surveys or investigations necessary or appropriate for the purposes of this subchapter. (d) (1) (A) Any records, reports, or information obtained under this subchapter and any permits, permit applications, and related documentation shall be available to the public for inspection and copying. (B) Upon a showing satisfactory to the director that the records, reports, permits, documentation, information, or any part thereof would, if made public, divulge methods or processes entitled to protection as trade secrets, the director shall consider, treat, and protect the records, reports, or information as confidential. (2) (A) As necessary to carry out the provisions of this subchapter, information afforded confidential treatment may be transmitted under a continuing claim of confidentiality to other officers or employees of the state or of the United States if the owner or operator of the facility to which the information pertains is informed of the transmittal and if the information has been acquired by the division under the provisions of this subchapter. (B) The provisions of subdivision (d)(2)(A) of this section shall not be construed to limit the division's authority to release confidential information during emergency situations. (3) Any violation of this subsection is a Class A misdemeanor. Amended by Act 2019, No. 315,§ 620, eff. 7/24/2019. Amended by Act 2019, No. 693,§ 19, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2741, eff. 7/1/2019. Acts 1979, No. 406, § 11; 1983, No. 809, § 1; A.S.A. 1947, § 82-4211; Acts 1989, No. 643, § 8.

(a) The owner or operator of any hazardous waste management facility or site shall notify the Division of Environmental Quality as to hazardous waste management activities in accordance with the requirements of this subchapter and rules, permits, and orders issued under this subchapter, and shall establish and maintain such records, make such reports, install, use, and maintain such monitoring equipment or methods, take such samples, perform such tests, and provide such other information to the division as the Director of the Division of Environmental Quality may reasonably require.

(b) The division or any authorized employee or agent thereof may examine and copy any books, papers, records, or memoranda pertaining to the operation of the facility or site.

(c) The division or any authorized employee or agent thereof may enter upon any public or private property for the purpose of obtaining information or conducting surveys or investigations necessary or appropriate for the purposes of this subchapter.

(d) (1) (A) Any records, reports, or information obtained under this subchapter and any permits, permit applications, and related documentation shall be available to the public for inspection and copying. (B) Upon a showing satisfactory to the director that the records, reports, permits, documentation, information, or any part thereof would, if made public, divulge methods or processes entitled to protection as trade secrets, the director shall consider, treat, and protect the records, reports, or information as confidential. (2) (A) As necessary to carry out the provisions of this subchapter, information afforded confidential treatment may be transmitted under a continuing claim of confidentiality to other officers or employees of the state or of the United States if the owner or operator of the facility to which the information pertains is informed of the transmittal and if the information has been acquired by the division under the provisions of this subchapter. (B) The provisions of subdivision (d)(2)(A) of this section shall not be construed to limit the division's authority to release confidential information during emergency situations. (3) Any violation of this subsection is a Class A misdemeanor.

(1) (A) Any records, reports, or information obtained under this subchapter and any permits, permit applications, and related documentation shall be available to the public for inspection and copying. (B) Upon a showing satisfactory to the director that the records, reports, permits, documentation, information, or any part thereof would, if made public, divulge methods or processes entitled to protection as trade secrets, the director shall consider, treat, and protect the records, reports, or information as confidential.

(A) Any records, reports, or information obtained under this subchapter and any permits, permit applications, and related documentation shall be available to the public for inspection and copying.

(B) Upon a showing satisfactory to the director that the records, reports, permits, documentation, information, or any part thereof would, if made public, divulge methods or processes entitled to protection as trade secrets, the director shall consider, treat, and protect the records, reports, or information as confidential.

(2) (A) As necessary to carry out the provisions of this subchapter, information afforded confidential treatment may be transmitted under a continuing claim of confidentiality to other officers or employees of the state or of the United States if the owner or operator of the facility to which the information pertains is informed of the transmittal and if the information has been acquired by the division under the provisions of this subchapter. (B) The provisions of subdivision (d)(2)(A) of this section shall not be construed to limit the division's authority to release confidential information during emergency situations.

(A) As necessary to carry out the provisions of this subchapter, information afforded confidential treatment may be transmitted under a continuing claim of confidentiality to other officers or employees of the state or of the United States if the owner or operator of the facility to which the information pertains is informed of the transmittal and if the information has been acquired by the division under the provisions of this subchapter.

(B) The provisions of subdivision (d)(2)(A) of this section shall not be construed to limit the division's authority to release confidential information during emergency situations.

(3) Any violation of this subsection is a Class A misdemeanor.

Amended by Act 2019, No. 315,§ 620, eff. 7/24/2019.

Amended by Act 2019, No. 693,§ 19, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2741, eff. 7/1/2019.

Acts 1979, No. 406, § 11; 1983, No. 809, § 1; A.S.A. 1947, § 82-4211; Acts 1989, No. 643, § 8.
Ark. Code Ann. § 8-6-1104 — AR Code / Title 8 / Chapter 6 / Subchapter 11 / Section 8-6-1104
Transportation of solid waste outside district
Status: in_force

In any instance in which a landfill has a useful life of less than one and one-half (1½) years, the Director of the Division of Environmental Quality may authorize any city utilizing that landfill to transport solid waste outside the boundaries of the regional solid waste management district. Provided, however, in no instance shall that authority be extended after a landfill with a useful life in excess of one and one-half (1½) years becomes available within the district for accepting the solid waste of the city. Amended by Act 2019, No. 910,§ 2684, eff. 7/1/2019. Acts 1991, No. 319, § 5; 1999, No. 1164, § 79.

In any instance in which a landfill has a useful life of less than one and one-half (1½) years, the Director of the Division of Environmental Quality may authorize any city utilizing that landfill to transport solid waste outside the boundaries of the regional solid waste management district. Provided, however, in no instance shall that authority be extended after a landfill with a useful life in excess of one and one-half (1½) years becomes available within the district for accepting the solid waste of the city.

Amended by Act 2019, No. 910,§ 2684, eff. 7/1/2019.

Acts 1991, No. 319, § 5; 1999, No. 1164, § 79.
Ark. Code Ann. § 8-9-202 — AR Code / Title 8 / Chapter 9 / Subchapter 2 / Section 8-9-202
Powers and duties of the division
Status: in_force

The Division of Environmental Quality shall have the power and duty to: (1) Adopt reasonable rules to effectuate the purposes of this subchapter; (2) Promote public education and public awareness of the necessity of supporting waste reduction and recyclable material recovery as an integral part of all solid waste and recyclable materials programs in the state; (3) Provide, to the extent practicable, upon request, to state agencies, planning and technical assistance in carrying out their responsibilities under this subchapter; and (4) Implement, administer, and fund the collection and recycling or collection and disposal of extra-large tires as defined in § 8-9-402 with the advice and assistance of the Compliance Advisory Panel. Amended by Act 2019, No. 315,§ 684, eff. 7/24/2019. Amended by Act 2019, No. 177,§ 2, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2857, eff. 7/1/2019. Acts 1991, No. 749, § 1.

The Division of Environmental Quality shall have the power and duty to:

(1) Adopt reasonable rules to effectuate the purposes of this subchapter;

(2) Promote public education and public awareness of the necessity of supporting waste reduction and recyclable material recovery as an integral part of all solid waste and recyclable materials programs in the state;

(3) Provide, to the extent practicable, upon request, to state agencies, planning and technical assistance in carrying out their responsibilities under this subchapter; and

(4) Implement, administer, and fund the collection and recycling or collection and disposal of extra-large tires as defined in § 8-9-402 with the advice and assistance of the Compliance Advisory Panel.

Amended by Act 2019, No. 315,§ 684, eff. 7/24/2019.

Amended by Act 2019, No. 177,§ 2, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2857, eff. 7/1/2019.

Acts 1991, No. 749, § 1.
Ark. Code Ann. § 8-8-103 — AR Code / Title 8 / Chapter 8 / Subchapter 1 / Section 8-8-103
Supplementary agreement appropriations
Status: in_force

Any supplementary agreement entered into pursuant to Article 4 of the Interstate Environmental Compact and requiring the expenditure of funds or the assumption of an obligation to expend funds shall not become effective as to this state prior to the making of an appropriation therefor by the General Assembly, with the following exceptions: (1) The Governor may use special appropriations as are made available for emergency purposes; (2) The Governor may use any such funds as are made available to him or her by the United States Government or any other source specifically for the creation and implementation of supplemental agreements under this subchapter; and (3) Where an agency of the state can better carry out the purpose for which it was created by the legislature by cooperative actions with other states under the terms of the compact, that agency may, with the consent of the Governor, expend funds appropriated to the agency for such purposes. Acts 1971, No. 304, § 3; A.S.A. 1947, § 82-1976.

Any supplementary agreement entered into pursuant to Article 4 of the Interstate Environmental Compact and requiring the expenditure of funds or the assumption of an obligation to expend funds shall not become effective as to this state prior to the making of an appropriation therefor by the General Assembly, with the following exceptions:

(1) The Governor may use special appropriations as are made available for emergency purposes;

(2) The Governor may use any such funds as are made available to him or her by the United States Government or any other source specifically for the creation and implementation of supplemental agreements under this subchapter; and

(3) Where an agency of the state can better carry out the purpose for which it was created by the legislature by cooperative actions with other states under the terms of the compact, that agency may, with the consent of the Governor, expend funds appropriated to the agency for such purposes.

Acts 1971, No. 304, § 3; A.S.A. 1947, § 82-1976.
Ark. Code Ann. § 8-3-102 — AR Code / Title 8 / Chapter 3 / Subchapter 1 / Section 8-3-102
Ambient air quality standards - Hydrogen sulfide
Status: in_force

(a) After review of scientific literature and similar standards in other states, the Arkansas Pollution Control and Ecology Commission shall promulgate, through procedures set out in § 8-4-202 , ambient air quality standards or other appropriate regulatory controls that will protect the public health and the environment from the emission of hydrogen sulfide. (b) (1) Before the commission proposes an ambient standard or regulatory mechanism concerning hydrogen sulfide that will result in more stringent or restrictive control provisions than are currently provided by Division of Environmental Quality permitting practices, the commission shall direct the division to prepare, with the assistance and cooperation of state agencies with appropriate expertise, an economic impact and environmental benefit analysis justifying more stringent or restrictive operating conditions. (2) The economic impact and environmental benefit analysis shall include without limitation the: (A) Benefit to the public health; (B) Preservation of environmental quality; and (C) Cost to the regulated community and the division. (3) The conclusions of an economic impact and environmental benefit analysis shall be included in any public notice of the proposed rulemaking and shall be subject to public comment. Amended by Act 2019, No. 910,§ 2451, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2450, eff. 7/1/2019. Acts 1997, No. 856, § 1; 2009, No. 1199, § 4.

(a) After review of scientific literature and similar standards in other states, the Arkansas Pollution Control and Ecology Commission shall promulgate, through procedures set out in § 8-4-202 , ambient air quality standards or other appropriate regulatory controls that will protect the public health and the environment from the emission of hydrogen sulfide.

(b) (1) Before the commission proposes an ambient standard or regulatory mechanism concerning hydrogen sulfide that will result in more stringent or restrictive control provisions than are currently provided by Division of Environmental Quality permitting practices, the commission shall direct the division to prepare, with the assistance and cooperation of state agencies with appropriate expertise, an economic impact and environmental benefit analysis justifying more stringent or restrictive operating conditions. (2) The economic impact and environmental benefit analysis shall include without limitation the: (A) Benefit to the public health; (B) Preservation of environmental quality; and (C) Cost to the regulated community and the division. (3) The conclusions of an economic impact and environmental benefit analysis shall be included in any public notice of the proposed rulemaking and shall be subject to public comment.

(1) Before the commission proposes an ambient standard or regulatory mechanism concerning hydrogen sulfide that will result in more stringent or restrictive control provisions than are currently provided by Division of Environmental Quality permitting practices, the commission shall direct the division to prepare, with the assistance and cooperation of state agencies with appropriate expertise, an economic impact and environmental benefit analysis justifying more stringent or restrictive operating conditions.

(2) The economic impact and environmental benefit analysis shall include without limitation the: (A) Benefit to the public health; (B) Preservation of environmental quality; and (C) Cost to the regulated community and the division.

(A) Benefit to the public health;

(B) Preservation of environmental quality; and

(C) Cost to the regulated community and the division.

(3) The conclusions of an economic impact and environmental benefit analysis shall be included in any public notice of the proposed rulemaking and shall be subject to public comment.

Amended by Act 2019, No. 910,§ 2451, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2450, eff. 7/1/2019.

Acts 1997, No. 856, § 1; 2009, No. 1199, § 4.
Ark. Code Ann. § 8-6-808 — AR Code / Title 8 / Chapter 6 / Subchapter 8 / Section 8-6-808
Refunding bonds - Issuance
Status: in_force

(a) Bonds may be issued for the purpose of refunding any bonds issued under this subchapter. Refunding bonds may be combined with bonds issued under the provisions of § 14-233-109 into a single issue. (b) When refunding bonds are issued, they may either be sold or delivered in exchange for the bonds being refunded. If sold, the proceeds may either be applied to the payment of the bonds being refunded or deposited into escrow for the retirement thereof. (c) All refunding bonds shall in all respects be issued and secured in the manner provided for other bonds issued under this subchapter and shall have all the attributes of those bonds. (d) The resolution under which refunding bonds are issued may provide that any of the refunding bonds shall have the same priority of lien on and security interest in project revenues and the project as was enjoyed by the bonds refunded by them. Acts 1991, No. 752, § 4.

(a) Bonds may be issued for the purpose of refunding any bonds issued under this subchapter. Refunding bonds may be combined with bonds issued under the provisions of § 14-233-109 into a single issue.

(b) When refunding bonds are issued, they may either be sold or delivered in exchange for the bonds being refunded. If sold, the proceeds may either be applied to the payment of the bonds being refunded or deposited into escrow for the retirement thereof.

(c) All refunding bonds shall in all respects be issued and secured in the manner provided for other bonds issued under this subchapter and shall have all the attributes of those bonds.

(d) The resolution under which refunding bonds are issued may provide that any of the refunding bonds shall have the same priority of lien on and security interest in project revenues and the project as was enjoyed by the bonds refunded by them.

Acts 1991, No. 752, § 4.
Ark. Code Ann. § 8-6-1003 — AR Code / Title 8 / Chapter 6 / Subchapter 10 / Section 8-6-1003
Landfill disposal fees
Status: in_force

(a) (1) In addition to any other fee provided by law, there is imposed on each landfill permittee a landfill disposal fee of fifteen cents (15¢) for each uncompacted cubic yard of solid waste and thirty cents (30¢) for each compacted cubic yard of solid waste received at the landfill. (2) If a landfill permittee is required or chooses to operate on a weight basis, the landfill disposal fee shall be one dollar ($1.00) for each one (1) ton (2,000 lbs.) of solid waste received at the landfill. (b) The landfill permittee referenced in subsection (a) of this section shall use the weight basis in determining the fee for the disposal or transportation of ash. (c) Solid waste collected during the annual Keep Arkansas Beautiful and Keep America Beautiful campaigns that are sponsored by the Keep Arkansas Beautiful Commission is exempt from the landfill disposal fee under this section. Acts 1991, No. 747, § 1; 1993, No. 1127, § 2; 1997, No. 374, § 1; 2001, No. 217, § 3; 2009, No. 189, § 5.

(a) (1) In addition to any other fee provided by law, there is imposed on each landfill permittee a landfill disposal fee of fifteen cents (15¢) for each uncompacted cubic yard of solid waste and thirty cents (30¢) for each compacted cubic yard of solid waste received at the landfill. (2) If a landfill permittee is required or chooses to operate on a weight basis, the landfill disposal fee shall be one dollar ($1.00) for each one (1) ton (2,000 lbs.) of solid waste received at the landfill.

(1) In addition to any other fee provided by law, there is imposed on each landfill permittee a landfill disposal fee of fifteen cents (15¢) for each uncompacted cubic yard of solid waste and thirty cents (30¢) for each compacted cubic yard of solid waste received at the landfill.

(2) If a landfill permittee is required or chooses to operate on a weight basis, the landfill disposal fee shall be one dollar ($1.00) for each one (1) ton (2,000 lbs.) of solid waste received at the landfill.

(b) The landfill permittee referenced in subsection (a) of this section shall use the weight basis in determining the fee for the disposal or transportation of ash.

(c) Solid waste collected during the annual Keep Arkansas Beautiful and Keep America Beautiful campaigns that are sponsored by the Keep Arkansas Beautiful Commission is exempt from the landfill disposal fee under this section.

Acts 1991, No. 747, § 1; 1993, No. 1127, § 2; 1997, No. 374, § 1; 2001, No. 217, § 3; 2009, No. 189, § 5.
Ark. Code Ann. § 8-7-604 — AR Code / Title 8 / Chapter 7 / Subchapter 6 / Section 8-7-604
Compact provisions controlling
Status: in_force

The implementation of this subchapter will not affect Arkansas's continued membership in the Central Interstate Low-Level Radioactive Waste Compact Commission. If any provision of this subchapter is in conflict with the provisions of the Central Interstate Low-Level Radioactive Waste Compact, § 8-8-201 et seq., the provisions of the compact shall be controlling. Acts 1987, No. 562, § 4.

The implementation of this subchapter will not affect Arkansas's continued membership in the Central Interstate Low-Level Radioactive Waste Compact Commission. If any provision of this subchapter is in conflict with the provisions of the Central Interstate Low-Level Radioactive Waste Compact, § 8-8-201 et seq., the provisions of the compact shall be controlling.

Acts 1987, No. 562, § 4.
Ark. Code Ann. § 8-8-206 — AR Code / Title 8 / Chapter 8 / Subchapter 2 / Section 8-8-206
Approval of rates at regional facility
Status: in_force

(a) Pursuant to Article III of the Central Interstate Low-Level Radioactive Waste Compact, the State Radiation Control Agency is authorized to approve rates to be charged any user of a regional facility located in the State of Arkansas by the operator of the regional facility. (b) No operator of a regional facility shall charge or alter such rates without the prior approval of the agency. Acts 1983, No. 9, § 3; A.S.A. 1947, § 82-4403.

(a) Pursuant to Article III of the Central Interstate Low-Level Radioactive Waste Compact, the State Radiation Control Agency is authorized to approve rates to be charged any user of a regional facility located in the State of Arkansas by the operator of the regional facility.

(b) No operator of a regional facility shall charge or alter such rates without the prior approval of the agency.

Acts 1983, No. 9, § 3; A.S.A. 1947, § 82-4403.
Ark. Code Ann. § 8-9-607 — AR Code / Title 8 / Chapter 9 / Subchapter 6 / Section 8-9-607
Annual reporting
Status: in_force

(a) One (1) year after the implementation of a mercury minimization plan approved pursuant to § 8-9-605 , and annually thereafter, a manufacturer subject to § 8-9-604 shall report individually or as part of a group to the Director of the Division of Environmental Quality concerning the implementation of the mercury minimization plan. The report shall include, but need not be limited to, the following: (1) A detailed description and documentation of the capture rate achieved, with the goal of achieving a mercury switch capture rate of at least ninety percent (90%), consistent with the principle that mercury switches shall be recovered unless the mercury switch is inaccessible due to significant damage to the end-of-life vehicle in the area surrounding the location of the mercury switch; (2) A description of additional or alternative actions that may be implemented to improve the mercury minimization plan and its implementation in the event that a mercury switch capture rate of at least ninety percent (90%) is not achieved; (3) The number of mercury switches collected, the number of end-of-life vehicles containing mercury switches, the number of end-of-life vehicles processed for recycling, and a description of how the mercury switches were managed; and (4) A description of the amounts paid to cover the costs of implementing the mercury minimization plan. (b) The director may discontinue the requirement for the annual report pursuant to subsection (a) of this section upon a finding that mercury switches in end-of-life vehicles manufactured by a particular manufacturer no longer pose a significant threat to the environment or to public health. Amended by Act 2019, No. 910,§ 2998, eff. 7/1/2019. Acts 2005, No. 649, § 1.

(a) One (1) year after the implementation of a mercury minimization plan approved pursuant to § 8-9-605 , and annually thereafter, a manufacturer subject to § 8-9-604 shall report individually or as part of a group to the Director of the Division of Environmental Quality concerning the implementation of the mercury minimization plan. The report shall include, but need not be limited to, the following: (1) A detailed description and documentation of the capture rate achieved, with the goal of achieving a mercury switch capture rate of at least ninety percent (90%), consistent with the principle that mercury switches shall be recovered unless the mercury switch is inaccessible due to significant damage to the end-of-life vehicle in the area surrounding the location of the mercury switch; (2) A description of additional or alternative actions that may be implemented to improve the mercury minimization plan and its implementation in the event that a mercury switch capture rate of at least ninety percent (90%) is not achieved; (3) The number of mercury switches collected, the number of end-of-life vehicles containing mercury switches, the number of end-of-life vehicles processed for recycling, and a description of how the mercury switches were managed; and (4) A description of the amounts paid to cover the costs of implementing the mercury minimization plan.

(1) A detailed description and documentation of the capture rate achieved, with the goal of achieving a mercury switch capture rate of at least ninety percent (90%), consistent with the principle that mercury switches shall be recovered unless the mercury switch is inaccessible due to significant damage to the end-of-life vehicle in the area surrounding the location of the mercury switch;

(2) A description of additional or alternative actions that may be implemented to improve the mercury minimization plan and its implementation in the event that a mercury switch capture rate of at least ninety percent (90%) is not achieved;

(3) The number of mercury switches collected, the number of end-of-life vehicles containing mercury switches, the number of end-of-life vehicles processed for recycling, and a description of how the mercury switches were managed; and

(4) A description of the amounts paid to cover the costs of implementing the mercury minimization plan.

(b) The director may discontinue the requirement for the annual report pursuant to subsection (a) of this section upon a finding that mercury switches in end-of-life vehicles manufactured by a particular manufacturer no longer pose a significant threat to the environment or to public health.

Amended by Act 2019, No. 910,§ 2998, eff. 7/1/2019.

Acts 2005, No. 649, § 1.
Ark. Code Ann. § 8-9-203 — AR Code / Title 8 / Chapter 9 / Subchapter 2 / Section 8-9-203
Recycling by governmental entities
Status: in_force

(a) Each state agency, state college or university, county, city, and public school, in cooperation with the Division of Environmental Quality and the Compliance Advisory Panel shall: (1) Establish a source separation and recycling program for recyclables generated as a result of agency operations; (2) Adopt procedures for collection and storage of recyclables; and (3) Make contractual or other arrangements for transportation and sale of recyclables. (b) Nothing in this section shall prohibit any state agency, state college or university, county, city, or public school from engaging in, contracting for, or otherwise allowing or arranging for composting of yard waste on property owned or controlled by the governmental entity. Amended by Act 2019, No. 910,§ 2858, eff. 7/1/2019. Amended by Act 2017, No. 1067,§ 5, eff. 8/1/2017. Acts 1991, No. 749, § 1.

(a) Each state agency, state college or university, county, city, and public school, in cooperation with the Division of Environmental Quality and the Compliance Advisory Panel shall: (1) Establish a source separation and recycling program for recyclables generated as a result of agency operations; (2) Adopt procedures for collection and storage of recyclables; and (3) Make contractual or other arrangements for transportation and sale of recyclables.

(1) Establish a source separation and recycling program for recyclables generated as a result of agency operations;

(2) Adopt procedures for collection and storage of recyclables; and

(3) Make contractual or other arrangements for transportation and sale of recyclables.

(b) Nothing in this section shall prohibit any state agency, state college or university, county, city, or public school from engaging in, contracting for, or otherwise allowing or arranging for composting of yard waste on property owned or controlled by the governmental entity.

Amended by Act 2019, No. 910,§ 2858, eff. 7/1/2019.

Amended by Act 2017, No. 1067,§ 5, eff. 8/1/2017.

Acts 1991, No. 749, § 1.
Ark. Code Ann. § 8-7-1011 — AR Code / Title 8 / Chapter 7 / Subchapter 10 / Section 8-7-1011
Rulemaking
Status: in_force

(a) The Director of the Division of Labor may promulgate rules in accordance with the provisions of §§ 11-2-110 , 11-2-112 , and 11-2-113 to implement the provisions of this subchapter. This authority shall include, but not be limited to, the authority to implement changes corresponding to future amendments to the Hazard Communication Standard to maintain consistency between this subchapter and the Hazard Communication Standard. (b) The director shall promulgate rules requiring public employers to carry out information and training programs for their public employees and specifying the minimum content of education and training programs as provided in § 8-7-1008 . Amended by Act 2019, No. 315,§ 679, eff. 7/24/2019. Amended by Act 2019, No. 693,§ 29, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5274, eff. 7/1/2019. Acts 1991, No. 556, § 11; 1991, No. 1172, § 11.

(a) The Director of the Division of Labor may promulgate rules in accordance with the provisions of §§ 11-2-110 , 11-2-112 , and 11-2-113 to implement the provisions of this subchapter. This authority shall include, but not be limited to, the authority to implement changes corresponding to future amendments to the Hazard Communication Standard to maintain consistency between this subchapter and the Hazard Communication Standard.

(b) The director shall promulgate rules requiring public employers to carry out information and training programs for their public employees and specifying the minimum content of education and training programs as provided in § 8-7-1008 .

Amended by Act 2019, No. 315,§ 679, eff. 7/24/2019.

Amended by Act 2019, No. 693,§ 29, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5274, eff. 7/1/2019.

Acts 1991, No. 556, § 11; 1991, No. 1172, § 11.
Ark. Code Ann. § 8-1-102 — AR Code / Title 8 / Chapter 1 / Subchapter 1 / Section 8-1-102
Definitions
Status: in_force

As used in this chapter: (1) "Annual fee" means the fee required by this chapter to be submitted upon the issuance date and the anniversary date of issuance of the permits required by the statutes enumerated in subdivision (4) of this section; (2) "Commission" means the Arkansas Pollution Control and Ecology Commission; (3) "Facility" means any activity or operation within a specific geographic location, including property contiguous thereto. A facility may consist of several treatment, storage, or disposal operational units; (4) "Initial fee" means the fee required by this chapter to be submitted with all applications for water, air, and solid waste permits required by §§ 8-4-101 - 8-4-106 , 8-4-201 - 8-4-229 , 8-4-301 - 8-4-314 , 8-6-201 - 8-6-212 , 8-6-214 , or 8-9-403 ; and (5) "Modification fee" means the fee required to be submitted by this chapter for modification of any existing or future permit required by the statutes enumerated in subdivision (4) of this section, either at the request of the permittee or as required by the laws of the State of Arkansas or the rules of the Division of Environmental Quality. Amended by Act 2023, No. 390,§ 1, eff. 8/1/2023. Amended by Act 2019, No. 315,§ 422, eff. 7/24/2019. Amended by Act 2019, No. 693,§ 2, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2418, eff. 7/1/2019. Acts 1983, No. 817, § 2; A.S.A. 1947, § 82-1917; Acts 1993, No. 163, § 2; 1993, No. 165, § 2; 1995, No. 509, § 2; 1999, No. 1164, § 4.

As used in this chapter:

(1) "Annual fee" means the fee required by this chapter to be submitted upon the issuance date and the anniversary date of issuance of the permits required by the statutes enumerated in subdivision (4) of this section;

(2) "Commission" means the Arkansas Pollution Control and Ecology Commission;

(3) "Facility" means any activity or operation within a specific geographic location, including property contiguous thereto. A facility may consist of several treatment, storage, or disposal operational units;

(4) "Initial fee" means the fee required by this chapter to be submitted with all applications for water, air, and solid waste permits required by §§ 8-4-101 - 8-4-106 , 8-4-201 - 8-4-229 , 8-4-301 - 8-4-314 , 8-6-201 - 8-6-212 , 8-6-214 , or 8-9-403 ; and

(5) "Modification fee" means the fee required to be submitted by this chapter for modification of any existing or future permit required by the statutes enumerated in subdivision (4) of this section, either at the request of the permittee or as required by the laws of the State of Arkansas or the rules of the Division of Environmental Quality.

Amended by Act 2023, No. 390,§ 1, eff. 8/1/2023.

Amended by Act 2019, No. 315,§ 422, eff. 7/24/2019.

Amended by Act 2019, No. 693,§ 2, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2418, eff. 7/1/2019.

Acts 1983, No. 817, § 2; A.S.A. 1947, § 82-1917; Acts 1993, No. 163, § 2; 1993, No. 165, § 2; 1995, No. 509, § 2; 1999, No. 1164, § 4.
Ark. Code Ann. § 8-1-108 — AR Code / Title 8 / Chapter 1 / Subchapter 1 / Section 8-1-108
Investments
Status: in_force

(a) All funds that are held in a trust fund administered by the Division of Environmental Quality may be invested and reinvested subject to the written approval of the Treasurer of State. (b) All investments as authorized for use by the Treasurer of State may be available for the funds held in a trust fund administered by the division. (c) The movement of funds into and out of investments under this section shall be by fund transfers as directed by the Director of the Division of Environmental Quality or the director's designee. Added by Act 2023, No. 570,§ 49, eff. 7/1/2023.

(a) All funds that are held in a trust fund administered by the Division of Environmental Quality may be invested and reinvested subject to the written approval of the Treasurer of State.

(b) All investments as authorized for use by the Treasurer of State may be available for the funds held in a trust fund administered by the division.

(c) The movement of funds into and out of investments under this section shall be by fund transfers as directed by the Director of the Division of Environmental Quality or the director's designee.

Added by Act 2023, No. 570,§ 49, eff. 7/1/2023.
Ark. Code Ann. § 8-7-909 — AR Code / Title 8 / Chapter 7 / Subchapter 9 / Section 8-7-909
Confidential treatment of information
Status: in_force

(a) Any records, reports, or information obtained by the Division of Environmental Quality, the Department of Energy and Environment, or the division's or department's employees in the administration of this subchapter, except release data, shall be kept confidential upon a showing satisfactory to the Director of the Division of Environmental Quality that the records, reports, or information would constitute a trade secret under § 4-75-601 et seq. (b) As necessary to carry out the provisions of this subchapter, information afforded confidential treatment may be transmitted under a continuing claim of confidentiality to other officers or employees of the state or of the United States if the owner or operator of the facility to which the information pertains is informed of the transmittal and if the information has been acquired by the division under the provisions of this subchapter. (c) The provisions of this section shall not be construed to limit the division's authority to release confidential information during emergency situations. (d) Any violation of this section is a Class A misdemeanor. Amended by Act 2019, No. 693,§ 24, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2826, eff. 7/1/2019. Acts 1993, No. 951, § 8.

(a) Any records, reports, or information obtained by the Division of Environmental Quality, the Department of Energy and Environment, or the division's or department's employees in the administration of this subchapter, except release data, shall be kept confidential upon a showing satisfactory to the Director of the Division of Environmental Quality that the records, reports, or information would constitute a trade secret under § 4-75-601 et seq.

(b) As necessary to carry out the provisions of this subchapter, information afforded confidential treatment may be transmitted under a continuing claim of confidentiality to other officers or employees of the state or of the United States if the owner or operator of the facility to which the information pertains is informed of the transmittal and if the information has been acquired by the division under the provisions of this subchapter.

(c) The provisions of this section shall not be construed to limit the division's authority to release confidential information during emergency situations.

(d) Any violation of this section is a Class A misdemeanor.

Amended by Act 2019, No. 693,§ 24, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2826, eff. 7/1/2019.

Acts 1993, No. 951, § 8.
Ark. Code Ann. § 8-6-2009 — AR Code / Title 8 / Chapter 6 / Subchapter 20 / Section 8-6-2009
Promulgation of uniform environmental citation form
Status: in_force

(a) (1) The Division of Environmental Quality shall develop and promulgate a uniform environmental citation form based on the laws applicable to this subchapter under § 8-6-2004 and conduct prohibited under § 8-6-2005 in consultation with the Attorney General. (2) The uniform environmental citation form shall be used exclusively by all environmental officers in this state in issuing citations for environmental violations. (b) Subsection (a) of this section does not prohibit a municipality, city, county, or regional solid waste management district from promulgating citation forms for use in enforcement of violations of their local ordinances or bylaws. Amended by Act 2021, No. 749,§ 5, eff. 7/28/2021. Added by Act 2019, No. 1067,§ 1, eff. 7/24/2019.

(a) (1) The Division of Environmental Quality shall develop and promulgate a uniform environmental citation form based on the laws applicable to this subchapter under § 8-6-2004 and conduct prohibited under § 8-6-2005 in consultation with the Attorney General. (2) The uniform environmental citation form shall be used exclusively by all environmental officers in this state in issuing citations for environmental violations.

(1) The Division of Environmental Quality shall develop and promulgate a uniform environmental citation form based on the laws applicable to this subchapter under § 8-6-2004 and conduct prohibited under § 8-6-2005 in consultation with the Attorney General.

(2) The uniform environmental citation form shall be used exclusively by all environmental officers in this state in issuing citations for environmental violations.

(b) Subsection (a) of this section does not prohibit a municipality, city, county, or regional solid waste management district from promulgating citation forms for use in enforcement of violations of their local ordinances or bylaws.

Amended by Act 2021, No. 749,§ 5, eff. 7/28/2021.

Added by Act 2019, No. 1067,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 8-6-1902 — AR Code / Title 8 / Chapter 6 / Subchapter 19 / Section 8-6-1902
Findings
Status: in_force

The General Assembly makes the following findings: (1) The Division of Environmental Quality has been charged by the General Assembly with the responsibility of developing the Statewide Solid Waste Management Plan which, when feasible, gives emphasis to regional planning; (2) The difficult task of addressing the complex solid waste needs of the state on a regional basis has been accomplished by creating regional solid waste management boards; (3) The need for a Statewide Solid Waste Management Plan remains; and (4) The development and implementation of a Statewide Solid Waste Management Plan is necessary to protect the public's health and the state's environmental quality and to maximize the efficiency of regional solid waste management systems. Amended by Act 2019, No. 910,§ 2703, eff. 7/1/2019. Acts 2001, No. 1376, § 1.

The General Assembly makes the following findings:

(1) The Division of Environmental Quality has been charged by the General Assembly with the responsibility of developing the Statewide Solid Waste Management Plan which, when feasible, gives emphasis to regional planning;

(2) The difficult task of addressing the complex solid waste needs of the state on a regional basis has been accomplished by creating regional solid waste management boards;

(3) The need for a Statewide Solid Waste Management Plan remains; and

(4) The development and implementation of a Statewide Solid Waste Management Plan is necessary to protect the public's health and the state's environmental quality and to maximize the efficiency of regional solid waste management systems.

Amended by Act 2019, No. 910,§ 2703, eff. 7/1/2019.

Acts 2001, No. 1376, § 1.
Ark. Code Ann. § 8-7-1004 — AR Code / Title 8 / Chapter 7 / Subchapter 10 / Section 8-7-1004
Duties of public employers
Status: in_force

Each public employer shall do the following: (1) Post adequate notice, as provided by the Director of the Division of Labor, at locations where notices are normally posted, informing public employees about their rights under this subchapter; (2) Ensure proper hazardous chemical labeling in accordance with § 8-7-1005 ; (3) Maintain and make available material safety data sheets in accordance with § 8-7-1006 ; (4) Compile and maintain a workplace chemical list in accordance with § 8-7-1007 ; (5) Provide public employee information and training in accordance with § 8-7-1008 ; and (6) Handle trade secrets in accordance with § 8-7-1012 . Amended by Act 2019, No. 910,§ 5268, eff. 7/1/2019. Acts 1991, No. 556, § 4; 1991, No. 1172, § 4.

Each public employer shall do the following:

(1) Post adequate notice, as provided by the Director of the Division of Labor, at locations where notices are normally posted, informing public employees about their rights under this subchapter;

(2) Ensure proper hazardous chemical labeling in accordance with § 8-7-1005 ;

(3) Maintain and make available material safety data sheets in accordance with § 8-7-1006 ;

(4) Compile and maintain a workplace chemical list in accordance with § 8-7-1007 ;

(5) Provide public employee information and training in accordance with § 8-7-1008 ; and

(6) Handle trade secrets in accordance with § 8-7-1012 .

Amended by Act 2019, No. 910,§ 5268, eff. 7/1/2019.

Acts 1991, No. 556, § 4; 1991, No. 1172, § 4.
Ark. Code Ann. § 8-14-106 — AR Code / Title 8 / Chapter 14 / Section 8-14-106
Enforcement
Status: in_force

This chapter may be enforced by a town, city, or county of this state by seeking injunctive relief in a court of competent jurisdiction. Acts 2005, No. 1963, § 1.

This chapter may be enforced by a town, city, or county of this state by seeking injunctive relief in a court of competent jurisdiction.

Acts 2005, No. 1963, § 1.
Ark. Code Ann. § 8-11-101 — AR Code / Title 8 / Chapter 11 / Section 8-11-101
Title
Status: in_force

This chapter may be known and may be cited as the "Arkansas Environmental Regulatory Flexibility Act". Acts 1999, No. 500, § 1.

This chapter may be known and may be cited as the "Arkansas Environmental Regulatory Flexibility Act".

Acts 1999, No. 500, § 1.
Ark. Code Ann. § 8-2-205 — AR Code / Title 8 / Chapter 2 / Subchapter 2 / Section 8-2-205
Procedure for issuance of rules, appeals, hearings, etc
Status: in_force

(a) Any person that violates any provision of this subchapter or of any rule or order issued pursuant to this subchapter or that commits an unlawful act under this subchapter shall be subject to the same penalty and enforcement provisions as are contained in the Arkansas Water and Air Pollution Control Act, § 8-4-101 et seq. (b) Except as otherwise provided in this subchapter, the procedure of the Arkansas Pollution Control and Ecology Commission for issuance of any rules, conduct of hearings, notice, review of actions on certificates, right of appeal, presumptions, finality of actions, and related matters shall be as provided in Part I of the Arkansas Water and Air Pollution Control Act, §§ 8-4-101 - 8-4-106 , 8-4-201 - 8-4-229 , including without limitation, §§ 8-4-202 , 8-4-205 - 8-4-210 , 8-4-212 - 8-4-214 , and 8-4-218 - 8-4-229 . Amended by Act 2019, No. 315,§ 444, eff. 7/24/2019. Acts 1985, No. 876, § 8; A.S.A. 1947, § 82-1993.7; Acts 1993, No. 322, § 4; 1993, No. 440, § 4.

(a) Any person that violates any provision of this subchapter or of any rule or order issued pursuant to this subchapter or that commits an unlawful act under this subchapter shall be subject to the same penalty and enforcement provisions as are contained in the Arkansas Water and Air Pollution Control Act, § 8-4-101 et seq.

(b) Except as otherwise provided in this subchapter, the procedure of the Arkansas Pollution Control and Ecology Commission for issuance of any rules, conduct of hearings, notice, review of actions on certificates, right of appeal, presumptions, finality of actions, and related matters shall be as provided in Part I of the Arkansas Water and Air Pollution Control Act, §§ 8-4-101 - 8-4-106 , 8-4-201 - 8-4-229 , including without limitation, §§ 8-4-202 , 8-4-205 - 8-4-210 , 8-4-212 - 8-4-214 , and 8-4-218 - 8-4-229 .

Amended by Act 2019, No. 315,§ 444, eff. 7/24/2019.

Acts 1985, No. 876, § 8; A.S.A. 1947, § 82-1993.7; Acts 1993, No. 322, § 4; 1993, No. 440, § 4.