Ark. Code Ann. § 8-7-601 — AR Code / Title 8 / Chapter 7 / Subchapter 6 / Section 8-7-601
Definitions
Status: in_force

As used in this subchapter, unless the context otherwise requires: (1) "Above-ground facility" means any facility which has a substantial portion of its structure above ground; and (2) "Low-level radioactive waste" means radioactive material that: (A) Is not high-level radioactive waste, spent nuclear fuel, or by-product material as defined in 42 U.S.C. § 2014(e)(2) ; and (B) The United States Nuclear Regulatory Commission, consistent with existing law and in accordance with subdivision (2)(A) of this section, classifies as low-level radioactive waste. Acts 1987, No. 562, § 1.

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

(1) "Above-ground facility" means any facility which has a substantial portion of its structure above ground; and

(2) "Low-level radioactive waste" means radioactive material that: (A) Is not high-level radioactive waste, spent nuclear fuel, or by-product material as defined in 42 U.S.C. § 2014(e)(2) ; and (B) The United States Nuclear Regulatory Commission, consistent with existing law and in accordance with subdivision (2)(A) of this section, classifies as low-level radioactive waste.

(A) Is not high-level radioactive waste, spent nuclear fuel, or by-product material as defined in 42 U.S.C. § 2014(e)(2) ; and

(B) The United States Nuclear Regulatory Commission, consistent with existing law and in accordance with subdivision (2)(A) of this section, classifies as low-level radioactive waste.

Acts 1987, No. 562, § 1.
Ark. Code Ann. § 8-5-701 — AR Code / Title 8 / Chapter 5 / Subchapter 7 / Section 8-5-701
Definitions
Status: in_force

As used in this subchapter, unless the context otherwise requires: (1) "Chronic noncompliance" means conditions described in this subchapter that persist at a common sewage system after reasonable efforts by the Division of Environmental Quality to obtain compliance with applicable laws or rules in one (1) of the following: (A) Failure to obtain a permit as required by law; (B) Four (4) or more permit violations within a six-month period as set out in the permit issued by the division; (C) Failure to maintain the services of a certified wastewater treatment operator, where applicable; or (D) Demonstrable failure to operate the common sewage system so as to prevent the discharge of waterborne pollutants in unacceptable concentrations, as defined in the individual permit or the state's water quality standards, to the surface waters or groundwater of the state; and (2) (A) "Common sewage system" means any sewage treatment system and its associated sewage collection and pumping facilities, nonmunicipal, publicly or privately owned, serving two (2) or more individually owned, rented, or temporarily occupied lots for the purpose of the collection or disposal of sewage. (B) "Common sewage system" includes systems owned or operated by: (i) Property owners' associations; (ii) Nonmunicipal sewage improvement districts; and (iii) Owners or managers of nonmunicipal residential subdivisions. Amended by Act 2019, No. 315,§ 516, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2563, eff. 7/1/2019. Acts 1995, No. 336, § 1; 1999, No. 1164, § 45.

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

(1) "Chronic noncompliance" means conditions described in this subchapter that persist at a common sewage system after reasonable efforts by the Division of Environmental Quality to obtain compliance with applicable laws or rules in one (1) of the following: (A) Failure to obtain a permit as required by law; (B) Four (4) or more permit violations within a six-month period as set out in the permit issued by the division; (C) Failure to maintain the services of a certified wastewater treatment operator, where applicable; or (D) Demonstrable failure to operate the common sewage system so as to prevent the discharge of waterborne pollutants in unacceptable concentrations, as defined in the individual permit or the state's water quality standards, to the surface waters or groundwater of the state; and

(A) Failure to obtain a permit as required by law;

(B) Four (4) or more permit violations within a six-month period as set out in the permit issued by the division;

(C) Failure to maintain the services of a certified wastewater treatment operator, where applicable; or

(D) Demonstrable failure to operate the common sewage system so as to prevent the discharge of waterborne pollutants in unacceptable concentrations, as defined in the individual permit or the state's water quality standards, to the surface waters or groundwater of the state; and

(2) (A) "Common sewage system" means any sewage treatment system and its associated sewage collection and pumping facilities, nonmunicipal, publicly or privately owned, serving two (2) or more individually owned, rented, or temporarily occupied lots for the purpose of the collection or disposal of sewage. (B) "Common sewage system" includes systems owned or operated by: (i) Property owners' associations; (ii) Nonmunicipal sewage improvement districts; and (iii) Owners or managers of nonmunicipal residential subdivisions.

(A) "Common sewage system" means any sewage treatment system and its associated sewage collection and pumping facilities, nonmunicipal, publicly or privately owned, serving two (2) or more individually owned, rented, or temporarily occupied lots for the purpose of the collection or disposal of sewage.

(B) "Common sewage system" includes systems owned or operated by: (i) Property owners' associations; (ii) Nonmunicipal sewage improvement districts; and (iii) Owners or managers of nonmunicipal residential subdivisions.

(i) Property owners' associations;

(ii) Nonmunicipal sewage improvement districts; and

(iii) Owners or managers of nonmunicipal residential subdivisions.

Amended by Act 2019, No. 315,§ 516, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2563, eff. 7/1/2019.

Acts 1995, No. 336, § 1; 1999, No. 1164, § 45.
Ark. Code Ann. § 8-6-401 — AR Code / Title 8 / Chapter 6 / Subchapter 4 / Section 8-6-401
Title
Status: in_force

This subchapter shall be cited and known as the "Litter Control Act". Acts 1977, No. 883, § 1; A.S.A. 1947, § 82-3901.

This subchapter shall be cited and known as the "Litter Control Act".

Acts 1977, No. 883, § 1; A.S.A. 1947, § 82-3901.
Ark. Code Ann. § 8-6-1401 — AR Code / Title 8 / Chapter 6 / Subchapter 14 / Section 8-6-1401
Purpose
Status: in_force

The purpose of this subchapter is to protect the public health and safety by requiring the Arkansas Pollution Control and Ecology Commission to establish standards and promulgate rules regarding the post-closure use of solid waste landfills and adjacent areas for residential purposes. Amended by Act 2019, No. 315,§ 578, eff. 7/24/2019. Acts 1993, No. 718, § 1.

The purpose of this subchapter is to protect the public health and safety by requiring the Arkansas Pollution Control and Ecology Commission to establish standards and promulgate rules regarding the post-closure use of solid waste landfills and adjacent areas for residential purposes.

Amended by Act 2019, No. 315,§ 578, eff. 7/24/2019.

Acts 1993, No. 718, § 1.
Ark. Code Ann. § 8-8-203 — AR Code / Title 8 / Chapter 8 / Subchapter 2 / Section 8-8-203
State member and alternate on commission
Status: in_force

Arkansas shall have one (1) member and one (1) alternate member of the Central Interstate Low-Level Radioactive Waste Compact Commission. The member and alternate member shall be appointed by the Governor after receiving the advice of the Joint Committee on Energy. Such appointments shall be for terms of two (2) years. Acts 1983, No. 9, § 2; 1985, No. 929, § 1; A.S.A. 1947, § 82-4402.

Arkansas shall have one (1) member and one (1) alternate member of the Central Interstate Low-Level Radioactive Waste Compact Commission. The member and alternate member shall be appointed by the Governor after receiving the advice of the Joint Committee on Energy. Such appointments shall be for terms of two (2) years.

Acts 1983, No. 9, § 2; 1985, No. 929, § 1; A.S.A. 1947, § 82-4402.
Ark. Code Ann. § 8-9-413 — AR Code / Title 8 / Chapter 9 / Subchapter 4 / Section 8-9-413
Applicability
Status: in_force

The fees imposed by this subchapter shall not apply to: (1) Large retreaded tires; (2) Tires included as part of the equipment of a new vehicle; or (3) Tires included as part of the equipment of a used vehicle if included on the used vehicle at the time of sale and in the sales price of the used vehicle. Added by Act 2017, No. 317,§ 1, eff. 8/1/2017.

The fees imposed by this subchapter shall not apply to:

(1) Large retreaded tires;

(2) Tires included as part of the equipment of a new vehicle; or

(3) Tires included as part of the equipment of a used vehicle if included on the used vehicle at the time of sale and in the sales price of the used vehicle.

Added by Act 2017, No. 317,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 8-4-219 — AR Code / Title 8 / Chapter 4 / Subchapter 2 / Section 8-4-219
Violations of chapter, orders, rules, etc. - Hearings - Conduct
Status: in_force

(a) The Arkansas Pollution Control and Ecology Commission shall afford an opportunity for a fair hearing to the alleged violator at the time and place specified in the notice or any modification of the notice. (b) A hearing may be conducted by the commission or its administrative law judge, who shall have the power and authority to conduct hearings in the name of the commission at any time and place. (c) A record or summary of the proceedings of the hearings shall be taken and filed at the office of the commission. Amended by Act 2015, No. 838,§ 6, eff. 7/22/2015. Acts 1949, No. 472, [Part 1], § 5; 1961, No. 120, § 6; A.S.A. 1947, § 82-1906; Acts 1997, No. 1219, § 5.

(a) The Arkansas Pollution Control and Ecology Commission shall afford an opportunity for a fair hearing to the alleged violator at the time and place specified in the notice or any modification of the notice.

(b) A hearing may be conducted by the commission or its administrative law judge, who shall have the power and authority to conduct hearings in the name of the commission at any time and place.

(c) A record or summary of the proceedings of the hearings shall be taken and filed at the office of the commission.

Amended by Act 2015, No. 838,§ 6, eff. 7/22/2015.

Acts 1949, No. 472, [Part 1], § 5; 1961, No. 120, § 6; A.S.A. 1947, § 82-1906; Acts 1997, No. 1219, § 5.
Ark. Code Ann. § 8-7-1009 — AR Code / Title 8 / Chapter 7 / Subchapter 10 / Section 8-7-1009
Outreach activities of the director
Status: in_force

(a) The Director of the Division of Labor shall develop and give each public employer a suitable form of notice providing public employees with information regarding their rights under this subchapter. (b) The director shall develop and maintain a general information and training assistance program to aid public employers. The general information and training assistance program shall be made available to all public employers. As part of the general information and training assistance program, the director may develop and distribute a supply of informational leaflets on public employers' duties, public employees' rights, and the effects of hazardous chemicals. (c) The director may contract with state universities or other public or private organizations to develop and implement the outreach program. Amended by Act 2019, No. 693,§ 28, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5272, eff. 7/1/2019. Acts 1991, No. 556, § 9; 1991, No. 1172, § 9.

(a) The Director of the Division of Labor shall develop and give each public employer a suitable form of notice providing public employees with information regarding their rights under this subchapter.

(b) The director shall develop and maintain a general information and training assistance program to aid public employers. The general information and training assistance program shall be made available to all public employers. As part of the general information and training assistance program, the director may develop and distribute a supply of informational leaflets on public employers' duties, public employees' rights, and the effects of hazardous chemicals.

(c) The director may contract with state universities or other public or private organizations to develop and implement the outreach program.

Amended by Act 2019, No. 693,§ 28, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5272, eff. 7/1/2019.

Acts 1991, No. 556, § 9; 1991, No. 1172, § 9.
Ark. Code Ann. § 8-15-115 — AR Code / Title 8 / Chapter 15 / Section 8-15-115
Payment by special assessments
Status: in_force

The credit and taxing power of the State of Arkansas shall not be pledged for the debt evidenced by the bonds, which are payable solely from the revenues received from the special assessments on the participants' real property under this chapter. Amended by Act 2015, No. 1162,§ 7, eff. 7/22/2015. Added by Act 2013, No. 1074,§ 1, eff. 8/16/2013.

The credit and taxing power of the State of Arkansas shall not be pledged for the debt evidenced by the bonds, which are payable solely from the revenues received from the special assessments on the participants' real property under this chapter.

Amended by Act 2015, No. 1162,§ 7, eff. 7/22/2015.

Added by Act 2013, No. 1074,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 8-5-502 — AR Code / Title 8 / Chapter 5 / Subchapter 5 / Section 8-5-502
Penalty for violation of section 8-5-501
Status: in_force

Any person violating the provisions of § 8-5-501 shall be guilty of a misdemeanor and shall be punished by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) or be imprisoned not less than thirty (30) days nor more than one (1) year, or be both so fined and imprisoned. Acts 1959, No. 57, § 8; A.S.A. 1947, § 84-2120.

Any person violating the provisions of § 8-5-501 shall be guilty of a misdemeanor and shall be punished by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) or be imprisoned not less than thirty (30) days nor more than one (1) year, or be both so fined and imprisoned.

Acts 1959, No. 57, § 8; A.S.A. 1947, § 84-2120.
Ark. Code Ann. § 8-7-901 — AR Code / Title 8 / Chapter 7 / Subchapter 9 / Section 8-7-901
Title
Status: in_force

This subchapter may be known and may be cited as the "Petroleum Storage Tank Trust Fund Act". Acts 1989, No. 173, § 1.

This subchapter may be known and may be cited as the "Petroleum Storage Tank Trust Fund Act".

Acts 1989, No. 173, § 1.
Ark. Code Ann. § 8-5-203 — AR Code / Title 8 / Chapter 5 / Subchapter 2 / Section 8-5-203
Unlawful actions
Status: in_force

It shall be unlawful for any municipality, governmental subdivision, public or private corporation, or other person to operate a public or private wastewater treatment plant unless the competency of the operator is duly licensed by the Division of Environmental Quality under the provisions of this subchapter. It shall further be unlawful for any person to perform the duties of an operator of any such wastewater treatment plant without being duly licensed under this subchapter. Amended by Act 2019, No. 910,§ 2556, eff. 7/1/2019. Acts 1971, No. 211, § 8; A.S.A. 1947, § 82-1990; Acts 1991, No. 1103, § 1; 1997, No. 1219, § 7.

It shall be unlawful for any municipality, governmental subdivision, public or private corporation, or other person to operate a public or private wastewater treatment plant unless the competency of the operator is duly licensed by the Division of Environmental Quality under the provisions of this subchapter. It shall further be unlawful for any person to perform the duties of an operator of any such wastewater treatment plant without being duly licensed under this subchapter.

Amended by Act 2019, No. 910,§ 2556, eff. 7/1/2019.

Acts 1971, No. 211, § 8; A.S.A. 1947, § 82-1990; Acts 1991, No. 1103, § 1; 1997, No. 1219, § 7.
Ark. Code Ann. § 8-6-718 — AR Code / Title 8 / Chapter 6 / Subchapter 7 / Section 8-6-718
Waste tire collection center
Status: in_force

Beginning July 1, 1993, each regional solid waste management board shall establish a waste tire collection center at which residents of the regional solid waste management district may dispose of their waste motor vehicle tires at no cost except as provided by rule of the Arkansas Pollution Control and Ecology Commission or the board. Amended by Act 2019, No. 315,§ 556, eff. 7/24/2019. Acts 1991, No. 752, § 2.

Beginning July 1, 1993, each regional solid waste management board shall establish a waste tire collection center at which residents of the regional solid waste management district may dispose of their waste motor vehicle tires at no cost except as provided by rule of the Arkansas Pollution Control and Ecology Commission or the board.

Amended by Act 2019, No. 315,§ 556, eff. 7/24/2019.

Acts 1991, No. 752, § 2.
Ark. Code Ann. § 8-15-116 — AR Code / Title 8 / Chapter 15 / Section 8-15-116
Bonds
Status: in_force

(a) A property assessed energy improvement district may: (1) Issue bonds to provide the PACE program loans authorized by this chapter; and (2) Create a debt reserve fund of legally available moneys from nonstate sources as partial security for the bonds. (b) Bonds issued under this chapter and income from the bonds, including any profit made on the sale or transfer of the bonds, are exempt from taxation in this state. (c) Bonds issued under this chapter shall: (1) (A) Be authorized by a resolution of the board of directors of a district. (B) The authorizing bond resolution may contain any terms, covenants, and conditions that the board deems to be reasonable and desirable; and (2) Have all of the qualities of and shall be deemed to be negotiable instruments under the laws of the State of Arkansas. Amended by Act 2015, No. 1162,§ 8, eff. 7/22/2015. Added by Act 2013, No. 1074,§ 1, eff. 8/16/2013.

(a) A property assessed energy improvement district may: (1) Issue bonds to provide the PACE program loans authorized by this chapter; and (2) Create a debt reserve fund of legally available moneys from nonstate sources as partial security for the bonds.

(1) Issue bonds to provide the PACE program loans authorized by this chapter; and

(2) Create a debt reserve fund of legally available moneys from nonstate sources as partial security for the bonds.

(b) Bonds issued under this chapter and income from the bonds, including any profit made on the sale or transfer of the bonds, are exempt from taxation in this state.

(c) Bonds issued under this chapter shall: (1) (A) Be authorized by a resolution of the board of directors of a district. (B) The authorizing bond resolution may contain any terms, covenants, and conditions that the board deems to be reasonable and desirable; and (2) Have all of the qualities of and shall be deemed to be negotiable instruments under the laws of the State of Arkansas.

(1) (A) Be authorized by a resolution of the board of directors of a district. (B) The authorizing bond resolution may contain any terms, covenants, and conditions that the board deems to be reasonable and desirable; and

(A) Be authorized by a resolution of the board of directors of a district.

(B) The authorizing bond resolution may contain any terms, covenants, and conditions that the board deems to be reasonable and desirable; and

(2) Have all of the qualities of and shall be deemed to be negotiable instruments under the laws of the State of Arkansas.

Amended by Act 2015, No. 1162,§ 8, eff. 7/22/2015.

Added by Act 2013, No. 1074,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 8-9-506 — AR Code / Title 8 / Chapter 9 / Subchapter 5 / Section 8-9-506
[Repealed]
Status: repealed

Repealed by Act 2019, No. 976,§ 1, eff. 7/24/2019. Amended by Act 2017, No. 1067,§ 7, eff. 8/1/2017. Acts 1993, No. 991, § 6.

Repealed by Act 2019, No. 976,§ 1, eff. 7/24/2019.

Amended by Act 2017, No. 1067,§ 7, eff. 8/1/2017.

Acts 1993, No. 991, § 6.
Ark. Code Ann. § 8-3-206 — AR Code / Title 8 / Chapter 3 / Subchapter 2 / Section 8-3-206
Submission of state plan
Status: in_force

(a) The Division of Environmental Quality shall not submit a state plan to the United States Environmental Protection Agency under § 8-3-207 if the state plan: (1) Results in a significant rate increase annually for any rate class of the total delivered electricity cost per kilowatt hour or of the total natural gas cost per thousand cubic feet; or (2) Results in unreasonable reliability risks. (b) The division shall not submit a state plan to the United States Environmental Protection Agency until: (1) The Legislative Council has approved the state plan under § 8-3-207(b) ; or (2) The Governor directs the submission of a state plan under § 8-3-207(d) . Amended by Act 2019, No. 910,§ 2462, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2461, eff. 7/1/2019. Added by Act 2015, No. 382,§ 1, eff. 7/22/2015.

(a) The Division of Environmental Quality shall not submit a state plan to the United States Environmental Protection Agency under § 8-3-207 if the state plan: (1) Results in a significant rate increase annually for any rate class of the total delivered electricity cost per kilowatt hour or of the total natural gas cost per thousand cubic feet; or (2) Results in unreasonable reliability risks.

(1) Results in a significant rate increase annually for any rate class of the total delivered electricity cost per kilowatt hour or of the total natural gas cost per thousand cubic feet; or

(2) Results in unreasonable reliability risks.

(b) The division shall not submit a state plan to the United States Environmental Protection Agency until: (1) The Legislative Council has approved the state plan under § 8-3-207(b) ; or (2) The Governor directs the submission of a state plan under § 8-3-207(d) .

(1) The Legislative Council has approved the state plan under § 8-3-207(b) ; or

(2) The Governor directs the submission of a state plan under § 8-3-207(d) .

Amended by Act 2019, No. 910,§ 2462, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2461, eff. 7/1/2019.

Added by Act 2015, No. 382,§ 1, eff. 7/22/2015.
Ark. Code Ann. § 8-7-1406 — AR Code / Title 8 / Chapter 7 / Subchapter 14 / Section 8-7-1406
Remediated property
Status: in_force

(a) After property contaminated through the manufacture of controlled substances is remediated and the property owner receives official notification from the Division of Environmental Quality, no person, including the property owner, landlord, and real estate agent, is required to report or otherwise disclose the past contamination. (b) Unless retention is mandated by federal law, the division shall destroy all copies of information required to be kept under this subchapter that refer to a specific property location once the property is officially removed from the contaminated properties list. Amended by Act 2019, No. 910,§ 2853, eff. 7/1/2019. Acts 2007, No. 864, § 1.

(a) After property contaminated through the manufacture of controlled substances is remediated and the property owner receives official notification from the Division of Environmental Quality, no person, including the property owner, landlord, and real estate agent, is required to report or otherwise disclose the past contamination.

(b) Unless retention is mandated by federal law, the division shall destroy all copies of information required to be kept under this subchapter that refer to a specific property location once the property is officially removed from the contaminated properties list.

Amended by Act 2019, No. 910,§ 2853, eff. 7/1/2019.

Acts 2007, No. 864, § 1.
Ark. Code Ann. § 8-5-608 — AR Code / Title 8 / Chapter 5 / Subchapter 6 / Section 8-5-608
Privatization contracts and service agreements - Assignment
Status: in_force

The privatization contract or the service agreement may be assigned by either party to secure the performance of any obligation in connection with the financing of the construction or operation of a wastewater project or solid waste disposal project. Acts 1985, No. 690, § 4; A.S.A. 1947, § 82-1992.3; Acts 1991, No. 629, § 7.

The privatization contract or the service agreement may be assigned by either party to secure the performance of any obligation in connection with the financing of the construction or operation of a wastewater project or solid waste disposal project.

Acts 1985, No. 690, § 4; A.S.A. 1947, § 82-1992.3; Acts 1991, No. 629, § 7.
Ark. Code Ann. § 8-9-409 — AR Code / Title 8 / Chapter 9 / Subchapter 4 / Section 8-9-409
Performance and efficiency evaluations
Status: in_force

(a) The Division of Environmental Quality shall develop a system to evaluate and report the performance and efficiency of used tire programs and the Used Tire Recycling and Accountability Program. (b) The evaluation and reporting system shall use the following performance indicators for each used tire program: (1) The number of: (A) Recyclable tires; (B) Waste tires disposed in a landfill; and (C) Waste tires disposed in a monofill; (2) The number of reported waste tire sites located in the regional solid waste management districts that are included in the used tire program; (3) Electronic uniform used tire manifest system compliance; (4) Administrative expenses; (5) Transportation expenses; (6) Building, warehouse, and other facilities expenses; (7) Revenue sources and the amount of revenue received from each source; (8) The number, location, and type of tire collection centers; (9) Any identified operational issues; (10) The number of enforcement actions against the used tire program; and (11) Any other performance indicators that are determined to be useful to evaluate performance and efficiency. (c) The evaluations under this section shall be completed on a biennial basis for each used tire program. Amended by Act 2019, No. 693,§ 41, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2886, eff. 7/1/2019. Added by Act 2017, No. 317,§ 1, eff. 8/1/2017.

(a) The Division of Environmental Quality shall develop a system to evaluate and report the performance and efficiency of used tire programs and the Used Tire Recycling and Accountability Program.

(b) The evaluation and reporting system shall use the following performance indicators for each used tire program: (1) The number of: (A) Recyclable tires; (B) Waste tires disposed in a landfill; and (C) Waste tires disposed in a monofill; (2) The number of reported waste tire sites located in the regional solid waste management districts that are included in the used tire program; (3) Electronic uniform used tire manifest system compliance; (4) Administrative expenses; (5) Transportation expenses; (6) Building, warehouse, and other facilities expenses; (7) Revenue sources and the amount of revenue received from each source; (8) The number, location, and type of tire collection centers; (9) Any identified operational issues; (10) The number of enforcement actions against the used tire program; and (11) Any other performance indicators that are determined to be useful to evaluate performance and efficiency.

(1) The number of: (A) Recyclable tires; (B) Waste tires disposed in a landfill; and (C) Waste tires disposed in a monofill;

(A) Recyclable tires;

(B) Waste tires disposed in a landfill; and

(C) Waste tires disposed in a monofill;

(2) The number of reported waste tire sites located in the regional solid waste management districts that are included in the used tire program;

(3) Electronic uniform used tire manifest system compliance;

(4) Administrative expenses;

(5) Transportation expenses;

(6) Building, warehouse, and other facilities expenses;

(7) Revenue sources and the amount of revenue received from each source;

(8) The number, location, and type of tire collection centers;

(9) Any identified operational issues;

(10) The number of enforcement actions against the used tire program; and

(11) Any other performance indicators that are determined to be useful to evaluate performance and efficiency.

(c) The evaluations under this section shall be completed on a biennial basis for each used tire program.

Amended by Act 2019, No. 693,§ 41, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2886, eff. 7/1/2019.

Added by Act 2017, No. 317,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 8-6-2018 — AR Code / Title 8 / Chapter 6 / Subchapter 20 / Section 8-6-2018
Other authority unaffected
Status: in_force

This subchapter does not limit the authority of an employee of: (1) A municipality, city, county, or regional solid waste management district to issue a citation for a violation of a local ordinance or bylaw; or (2) A state agency, board, or commission with the statutory duty to enforce other state laws or rules, federal laws or regulations, or local ordinances. Added by Act 2019, No. 1067,§ 1, eff. 7/24/2019.

This subchapter does not limit the authority of an employee of:

(1) A municipality, city, county, or regional solid waste management district to issue a citation for a violation of a local ordinance or bylaw; or

(2) A state agency, board, or commission with the statutory duty to enforce other state laws or rules, federal laws or regulations, or local ordinances.

Added by Act 2019, No. 1067,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 8-7-525 — AR Code / Title 8 / Chapter 7 / Subchapter 5 / Section 8-7-525
Appropriation
Status: in_force

On or after July 1, 2005, any appropriation made payable from the Emergency Response Fund [abolished] shall be made payable from the Hazardous Substance Remedial Action Trust Fund. Acts 2005, No. 1824, § 17.

On or after July 1, 2005, any appropriation made payable from the Emergency Response Fund [abolished] shall be made payable from the Hazardous Substance Remedial Action Trust Fund.

Acts 2005, No. 1824, § 17.
Ark. Code Ann. § 8-9-101 — AR Code / Title 8 / Chapter 9 / Subchapter 1 / Section 8-9-101
Policy
Status: in_force

It is the policy of the State of Arkansas to encourage and promote recycling in order to conserve natural resources, conserve energy, and preserve landfill space. In furtherance of this policy, the State of Arkansas adopts as a goal in the new century the recycling of forty percent (40%) of its municipal solid waste and forty-five percent (45%) of its municipal solid waste, as shall be determined by the Arkansas Department of Environmental Quality or the Division of Environmental Quality by rule. Amended by Act 2019, No. 315,§ 682, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2854, eff. 7/1/2019. Acts 1991, No. 749, § 1; 2001, No. 94, § 1.

It is the policy of the State of Arkansas to encourage and promote recycling in order to conserve natural resources, conserve energy, and preserve landfill space. In furtherance of this policy, the State of Arkansas adopts as a goal in the new century the recycling of forty percent (40%) of its municipal solid waste and forty-five percent (45%) of its municipal solid waste, as shall be determined by the Arkansas Department of Environmental Quality or the Division of Environmental Quality by rule.

Amended by Act 2019, No. 315,§ 682, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2854, eff. 7/1/2019.

Acts 1991, No. 749, § 1; 2001, No. 94, § 1.
Ark. Code Ann. § 8-4-101 — AR Code / Title 8 / Chapter 4 / Subchapter 1 / Section 8-4-101
Title
Status: in_force

This chapter may be cited as the "Arkansas Water and Air Pollution Control Act". Acts 1949, No. 472 [Part 1], § 11; 1965, No. 183, § 5; A.S.A. 1947, § 82-1901.

This chapter may be cited as the "Arkansas Water and Air Pollution Control Act".

Acts 1949, No. 472 [Part 1], § 11; 1965, No. 183, § 5; A.S.A. 1947, § 82-1901.
Ark. Code Ann. § 8-6-906 — AR Code / Title 8 / Chapter 6 / Subchapter 9 / Section 8-6-906
Classification of licenses
Status: in_force

(a) The Arkansas Pollution Control and Ecology Commission shall classify solid waste management facility operator licenses, taking into account the type and complexity of the solid waste management facility, the character and volume of waste managed, the skill, knowledge, and experience reasonably required to successfully operate the solid waste management facility, and such other factors as the commission shall deem appropriate. (b) The Director of the Division of Environmental Quality, with the advice and assistance of the licensing committee, shall license persons according to their qualifications to successfully operate solid waste management facilities within the classifications established and effectuated by rules promulgated by the commission. Amended by Act 2019, No. 315,§ 562, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2671, eff. 7/1/2019. Acts 1991, No. 750, § 1; 1995, No. 165, § 1; 1995, No. 193, § 1.

(a) The Arkansas Pollution Control and Ecology Commission shall classify solid waste management facility operator licenses, taking into account the type and complexity of the solid waste management facility, the character and volume of waste managed, the skill, knowledge, and experience reasonably required to successfully operate the solid waste management facility, and such other factors as the commission shall deem appropriate.

(b) The Director of the Division of Environmental Quality, with the advice and assistance of the licensing committee, shall license persons according to their qualifications to successfully operate solid waste management facilities within the classifications established and effectuated by rules promulgated by the commission.

Amended by Act 2019, No. 315,§ 562, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2671, eff. 7/1/2019.

Acts 1991, No. 750, § 1; 1995, No. 165, § 1; 1995, No. 193, § 1.
Ark. Code Ann. § 8-6-1404 — AR Code / Title 8 / Chapter 6 / Subchapter 14 / Section 8-6-1404
Land use
Status: in_force

(a) Six (6) months after August 13, 1993, it shall be unlawful for any person, partnership, company, corporation, or other entity to build, erect, or construct any house, home, or building to be used for residential purposes upon any land used as or which has been used as a solid waste landfill permitted under the Arkansas Solid Waste Management Act, § 8-6-201 et seq. (b) On August 13, 1993, those houses, homes, and other buildings located on any land used as or which has been used as a solid waste landfill and which are currently being used for residential purposes shall be allowed to remain on that land and may be used for residential purposes. (c) (1) The prohibitions of this subchapter and any rules promulgated under this subchapter's authority shall be limited to application to the area of the land which was specifically used as a landfill for the placement and disposal of solid waste. (2) The prohibitions of this subchapter and any rules promulgated under this subchapter's authority shall not apply to landfills or the land which was specifically used as a landfill more than twenty-five (25) years before August 13, 1993. Amended by Act 2019, No. 315,§ 582, eff. 7/24/2019. Acts 1993, No. 718, § 2.

(a) Six (6) months after August 13, 1993, it shall be unlawful for any person, partnership, company, corporation, or other entity to build, erect, or construct any house, home, or building to be used for residential purposes upon any land used as or which has been used as a solid waste landfill permitted under the Arkansas Solid Waste Management Act, § 8-6-201 et seq.

(b) On August 13, 1993, those houses, homes, and other buildings located on any land used as or which has been used as a solid waste landfill and which are currently being used for residential purposes shall be allowed to remain on that land and may be used for residential purposes.

(c) (1) The prohibitions of this subchapter and any rules promulgated under this subchapter's authority shall be limited to application to the area of the land which was specifically used as a landfill for the placement and disposal of solid waste. (2) The prohibitions of this subchapter and any rules promulgated under this subchapter's authority shall not apply to landfills or the land which was specifically used as a landfill more than twenty-five (25) years before August 13, 1993.

(1) The prohibitions of this subchapter and any rules promulgated under this subchapter's authority shall be limited to application to the area of the land which was specifically used as a landfill for the placement and disposal of solid waste.

(2) The prohibitions of this subchapter and any rules promulgated under this subchapter's authority shall not apply to landfills or the land which was specifically used as a landfill more than twenty-five (25) years before August 13, 1993.

Amended by Act 2019, No. 315,§ 582, eff. 7/24/2019.

Acts 1993, No. 718, § 2.
Ark. Code Ann. § 8-12-101 — AR Code / Title 8 / Chapter 12 / Section 8-12-101
Title
Status: in_force

This chapter may be known and may be cited as the "Natural Resources Damages Trust Fund Act". Acts 1999, No. 895, § 1.

This chapter may be known and may be cited as the "Natural Resources Damages Trust Fund Act".

Acts 1999, No. 895, § 1.
Ark. Code Ann. § 8-15-106 — AR Code / Title 8 / Chapter 15 / Section 8-15-106
Membership in an existing district
Status: in_force

(a) To become a member of an existing property assessed energy improvement district, the governing body of a governmental entity shall: (1) Adopt an ordinance that provides for the participation of the governmental entity in the district; and (2) Enter into an agreement with the other participating members of the district. (b) The agreement between members of a district shall establish the terms and conditions of the operation of the district with the limitations provided in this chapter. Added by Act 2013, No. 1074,§ 1, eff. 8/16/2013.

(a) To become a member of an existing property assessed energy improvement district, the governing body of a governmental entity shall: (1) Adopt an ordinance that provides for the participation of the governmental entity in the district; and (2) Enter into an agreement with the other participating members of the district.

(1) Adopt an ordinance that provides for the participation of the governmental entity in the district; and

(2) Enter into an agreement with the other participating members of the district.

(b) The agreement between members of a district shall establish the terms and conditions of the operation of the district with the limitations provided in this chapter.

Added by Act 2013, No. 1074,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 8-2-201 — AR Code / Title 8 / Chapter 2 / Subchapter 2 / Section 8-2-201
Title
Status: in_force

This subchapter may be called the "Environmental Laboratory Accreditation Program Act". Amended by Act 2017, No. 244,§ 1, eff. 8/1/2017. Acts 1985, No. 876, § 1; A.S.A. 1947, § 82-1993.

This subchapter may be called the "Environmental Laboratory Accreditation Program Act".

Amended by Act 2017, No. 244,§ 1, eff. 8/1/2017.

Acts 1985, No. 876, § 1; A.S.A. 1947, § 82-1993.
Ark. Code Ann. § 8-5-808 — AR Code / Title 8 / Chapter 5 / Subchapter 8 / Section 8-5-808
Administration of program
Status: in_force

The Division of Environmental Quality will manage the program through its Small Business Assistance Program. The program is authorized to delegate the management of the Small Business Revolving Loan Fund. The division shall retain the power to issue certificates of need for eligible projects and shall not delegate such authority. Amended by Act 2019, No. 910,§ 2584, eff. 7/1/2019. Acts 1997, No. 691, § 1; 1999, No. 1164, § 59.

The Division of Environmental Quality will manage the program through its Small Business Assistance Program. The program is authorized to delegate the management of the Small Business Revolving Loan Fund. The division shall retain the power to issue certificates of need for eligible projects and shall not delegate such authority.

Amended by Act 2019, No. 910,§ 2584, eff. 7/1/2019.

Acts 1997, No. 691, § 1; 1999, No. 1164, § 59.
Ark. Code Ann. § 8-6-402 — AR Code / Title 8 / Chapter 6 / Subchapter 4 / Section 8-6-402
Purpose
Status: in_force

The purpose of this subchapter is to accomplish the control of litter, inoperative household appliances, and junk motor vehicles throughout the state by regulating their disposal. The intent of this subchapter is to add to existing litter control, removal, and enforcement efforts and not to terminate or supplant such efforts, as well as the compatible goal of improving the quality of life for all the citizens of Arkansas. Acts 1977, No. 883, § 1; A.S.A. 1947, § 82-3901.

The purpose of this subchapter is to accomplish the control of litter, inoperative household appliances, and junk motor vehicles throughout the state by regulating their disposal. The intent of this subchapter is to add to existing litter control, removal, and enforcement efforts and not to terminate or supplant such efforts, as well as the compatible goal of improving the quality of life for all the citizens of Arkansas.

Acts 1977, No. 883, § 1; A.S.A. 1947, § 82-3901.
Ark. Code Ann. § 8-2-202 — AR Code / Title 8 / Chapter 2 / Subchapter 2 / Section 8-2-202
Purpose
Status: in_force

This subchapter authorizes the Division of Environmental Quality to establish and administer an environmental laboratory accreditation program so that laboratories that submit data and analyses to the division may be accredited by the division as having demonstrated acceptable compliance with laboratory standards so that the validity of scientific data submitted to the division may be further assured. Amended by Act 2019, No. 910,§ 2440, eff. 7/1/2019. Amended by Act 2017, No. 244,§ 1, eff. 8/1/2017. Acts 1985, No. 876, § 2; A.S.A. 1947, § 82-1993.1; Acts 1993, No. 322, § 1; 1993, No. 440, § 1; 1999, No. 1164, § 14.

This subchapter authorizes the Division of Environmental Quality to establish and administer an environmental laboratory accreditation program so that laboratories that submit data and analyses to the division may be accredited by the division as having demonstrated acceptable compliance with laboratory standards so that the validity of scientific data submitted to the division may be further assured.

Amended by Act 2019, No. 910,§ 2440, eff. 7/1/2019.

Amended by Act 2017, No. 244,§ 1, eff. 8/1/2017.

Acts 1985, No. 876, § 2; A.S.A. 1947, § 82-1993.1; Acts 1993, No. 322, § 1; 1993, No. 440, § 1; 1999, No. 1164, § 14.
Ark. Code Ann. § 8-5-604 — AR Code / Title 8 / Chapter 5 / Subchapter 6 / Section 8-5-604
Construction
Status: in_force

(a) This subchapter shall be construed liberally to effect its purposes and neither this subchapter nor anything contained in this subchapter is or shall be construed as a restriction or limitation upon any powers which any local government or private owner or operator might otherwise have under any laws of this state, and the provisions of this subchapter are cumulative to any such powers. (b) This subchapter does and shall be construed to provide a complete, additional, and alternative method for the doing of the things authorized thereby and shall be regarded as supplemental and additional to other laws. Acts 1985, No. 690, § 9; A.S.A. 1947, § 82-1992.8.

(a) This subchapter shall be construed liberally to effect its purposes and neither this subchapter nor anything contained in this subchapter is or shall be construed as a restriction or limitation upon any powers which any local government or private owner or operator might otherwise have under any laws of this state, and the provisions of this subchapter are cumulative to any such powers.

(b) This subchapter does and shall be construed to provide a complete, additional, and alternative method for the doing of the things authorized thereby and shall be regarded as supplemental and additional to other laws.

Acts 1985, No. 690, § 9; A.S.A. 1947, § 82-1992.8.
Ark. Code Ann. § 8-10-401 — AR Code / Title 8 / Chapter 10 / Subchapter 4 / Section 8-10-401
Title
Status: in_force

This subchapter shall be known and may be cited as the "Public Surface Water Supply Protection Act". Added by Act 2013, No. 1484,§ 1, eff. 8/16/2013.

This subchapter shall be known and may be cited as the "Public Surface Water Supply Protection Act".

Added by Act 2013, No. 1484,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 8-4-229 — AR Code / Title 8 / Chapter 4 / Subchapter 2 / Section 8-4-229
Appeals, proceedings, etc. - Presumptions
Status: in_force

(a) In any appeal or other proceeding involving any order, rule, or other decision of the Arkansas Pollution Control and Ecology Commission, the action of the commission shall be prima facie evidence reasonable and valid, and it shall be presumed that all requirements of the law pertaining to the taking thereof have been complied with. (b) All findings of fact made by the commission shall be prima facie evidence of the matters therein stated. (c) The burden of proving the contrary of any provision of this section shall rest upon the appellant or other party questioning the action of the commission. Amended by Act 2019, No. 315,§ 481, eff. 7/24/2019. Acts 1949, No. 472, [Part 1], § 5; A.S.A. 1947, § 82-1906.

(a) In any appeal or other proceeding involving any order, rule, or other decision of the Arkansas Pollution Control and Ecology Commission, the action of the commission shall be prima facie evidence reasonable and valid, and it shall be presumed that all requirements of the law pertaining to the taking thereof have been complied with.

(b) All findings of fact made by the commission shall be prima facie evidence of the matters therein stated.

(c) The burden of proving the contrary of any provision of this section shall rest upon the appellant or other party questioning the action of the commission.

Amended by Act 2019, No. 315,§ 481, eff. 7/24/2019.

Acts 1949, No. 472, [Part 1], § 5; A.S.A. 1947, § 82-1906.
Ark. Code Ann. § 8-14-102 — AR Code / Title 8 / Chapter 14 / Section 8-14-102
Purpose
Status: in_force

The purpose of this chapter is to conserve energy and preserve the environment through the regulation of outdoor lighting fixtures. Acts 2005, No. 1963, § 1.

The purpose of this chapter is to conserve energy and preserve the environment through the regulation of outdoor lighting fixtures.

Acts 2005, No. 1963, § 1.
Ark. Code Ann. § 8-6-1702 — AR Code / Title 8 / Chapter 6 / Subchapter 17 / Section 8-6-1702
State policy concerning disposal of yard waste
Status: in_force

It is the policy of this state that the open burning of residential yard waste should be discouraged and that alternative methods of yard waste disposal should be developed and made readily available to all citizens. In enforcement of this policy, the state and local governments should first pursue educational and voluntary compliance efforts, with punitive sanctions reserved as the last resort to address instances of localized nuisances, fire and safety hazards, or refusal to obey reasonable demands to cease open burning when alternative disposal methods are available. Acts 1997, No. 1151, § 2.

It is the policy of this state that the open burning of residential yard waste should be discouraged and that alternative methods of yard waste disposal should be developed and made readily available to all citizens. In enforcement of this policy, the state and local governments should first pursue educational and voluntary compliance efforts, with punitive sanctions reserved as the last resort to address instances of localized nuisances, fire and safety hazards, or refusal to obey reasonable demands to cease open burning when alternative disposal methods are available.

Acts 1997, No. 1151, § 2.
Ark. Code Ann. § 8-7-1202 — AR Code / Title 8 / Chapter 7 / Subchapter 12 / Section 8-7-1202
Purpose
Status: in_force

It is the purpose of this subchapter to protect the citizens of the state and the environment by providing for the safe and proper disposal of abandoned pesticides used in agriculture and for other uses. Furthermore, it is the purpose of this subchapter to authorize the Department of Agriculture to review and approve proposed pesticide disposal projects, select contractors to dispose of abandoned pesticides used in agriculture and for other uses, and approve payments from the Abandoned Agricultural Pesticide and Plant Regulator Disposal Trust Fund. Amended by Act 2023, No. 691,§ 48, eff. 7/1/2023. Acts 1999, No. 1174, § 1; 2001, No. 1130, § 1.

It is the purpose of this subchapter to protect the citizens of the state and the environment by providing for the safe and proper disposal of abandoned pesticides used in agriculture and for other uses. Furthermore, it is the purpose of this subchapter to authorize the Department of Agriculture to review and approve proposed pesticide disposal projects, select contractors to dispose of abandoned pesticides used in agriculture and for other uses, and approve payments from the Abandoned Agricultural Pesticide and Plant Regulator Disposal Trust Fund.

Amended by Act 2023, No. 691,§ 48, eff. 7/1/2023.

Acts 1999, No. 1174, § 1; 2001, No. 1130, § 1.
Ark. Code Ann. § 8-7-804 — AR Code / Title 8 / Chapter 7 / Subchapter 8 / Section 8-7-804
Procedures generally
Status: in_force

The procedure of the Division of Environmental Quality and 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 - 8-4-229 , including, but not limited to, §§ 8-4-205 , 8-4-210 , 8-4-212 - 8-4-214 , and 8-4-218 - 8-4-229 to the extent they are not in conflict with the provisions of this subchapter. Amended by Act 2019, No. 315,§ 647, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2787, eff. 7/1/2019. Acts 1989, No. 172, § 4; 1993, No. 810, § 3.

The procedure of the Division of Environmental Quality and 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 - 8-4-229 , including, but not limited to, §§ 8-4-205 , 8-4-210 , 8-4-212 - 8-4-214 , and 8-4-218 - 8-4-229 to the extent they are not in conflict with the provisions of this subchapter.

Amended by Act 2019, No. 315,§ 647, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2787, eff. 7/1/2019.

Acts 1989, No. 172, § 4; 1993, No. 810, § 3.
Ark. Code Ann. § 8-15-107 — AR Code / Title 8 / Chapter 15 / Section 8-15-107
Board of directors
Status: in_force

(a) A property assessed energy improvement district created under this chapter shall be operated and controlled by a board of directors. (b) The board of directors shall manage and control each district, including without limitation the operations, business, and affairs of the district. (c) The board of directors shall be solely responsible for selecting the chair of the board of directors and establishing the procedures by which the board of directors shall operate. (d) A director shall not receive compensation in any form for his or her services as a director. (e) Each director shall be entitled to reimbursement by the district for any necessary expenditures incurred in connection with the performance of his or her general duties as a director. Added by Act 2013, No. 1074,§ 1, eff. 8/16/2013.

(a) A property assessed energy improvement district created under this chapter shall be operated and controlled by a board of directors.

(b) The board of directors shall manage and control each district, including without limitation the operations, business, and affairs of the district.

(c) The board of directors shall be solely responsible for selecting the chair of the board of directors and establishing the procedures by which the board of directors shall operate.

(d) A director shall not receive compensation in any form for his or her services as a director.

(e) Each director shall be entitled to reimbursement by the district for any necessary expenditures incurred in connection with the performance of his or her general duties as a director.

Added by Act 2013, No. 1074,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 8-7-1401 — AR Code / Title 8 / Chapter 7 / Subchapter 14 / Section 8-7-1401
Title
Status: in_force

This subchapter shall be known and may be cited as the "Controlled Substances Contaminated Property Cleanup Act". Acts 2007, No. 864, § 1.

This subchapter shall be known and may be cited as the "Controlled Substances Contaminated Property Cleanup Act".

Acts 2007, No. 864, § 1.
Ark. Code Ann. § 8-9-504 — AR Code / Title 8 / Chapter 9 / Subchapter 5 / Section 8-9-504
[Repealed]
Status: repealed

Repealed by Act 2019, No. 976,§ 1, eff. 7/24/2019. Acts 1993, No. 991, § 4.

Repealed by Act 2019, No. 976,§ 1, eff. 7/24/2019.

Acts 1993, No. 991, § 4.
Ark. Code Ann. § 8-6-1501 — AR Code / Title 8 / Chapter 6 / Subchapter 15 / Section 8-6-1501
Legislative intent
Status: in_force

(a) Through extensive legislation since 1989, the State of Arkansas has made significant strides toward a comprehensive and regionalized approach to solid waste management. The General Assembly recognizes the need to develop viable facilities for managing and disposing of the state's solid waste. This subchapter should be construed as a complement to the state's overall regionalization strategy by encouraging an equitable and efficient dispersal of solid waste management facilities to serve the needs of all citizens. (b) The General Assembly also acknowledges that, while solid waste management facilities are essential, certain types of solid waste management facilities impose specific burdens on the host community. National trends indicate a tendency to concentrate high impact solid waste disposal facilities in lower-income or minority communities. Such high impact solid waste disposal facilities may place an onus on the host community without any reciprocal benefits to local residents. The purpose of this subchapter is to prevent communities from becoming involuntary hosts to a proliferation of high impact solid waste management facilities. Acts 1993, No. 1263, § 1.

(a) Through extensive legislation since 1989, the State of Arkansas has made significant strides toward a comprehensive and regionalized approach to solid waste management. The General Assembly recognizes the need to develop viable facilities for managing and disposing of the state's solid waste. This subchapter should be construed as a complement to the state's overall regionalization strategy by encouraging an equitable and efficient dispersal of solid waste management facilities to serve the needs of all citizens.

(b) The General Assembly also acknowledges that, while solid waste management facilities are essential, certain types of solid waste management facilities impose specific burdens on the host community. National trends indicate a tendency to concentrate high impact solid waste disposal facilities in lower-income or minority communities. Such high impact solid waste disposal facilities may place an onus on the host community without any reciprocal benefits to local residents. The purpose of this subchapter is to prevent communities from becoming involuntary hosts to a proliferation of high impact solid waste management facilities.

Acts 1993, No. 1263, § 1.
Ark. Code Ann. § 8-6-305 — AR Code / Title 8 / Chapter 6 / Subchapter 3 / Section 8-6-305
Failure to use funds - Misuse of funds
Status: in_force

If any county fails during any fiscal year to expend an amount of county funds equal to at least fifty percent (50%) of the cost of operating its solid waste management system or uses any of the state funds allocated thereof under the provisions of this subchapter for any purpose other than as intended by this subchapter, then the county shall be ineligible to receive moneys during the next following fiscal year from the County Solid Waste Management System Aid Fund, but may make reapplication for state assistance funds during the year next following thereafter, upon offering the appropriate assurances in writing that the county will meet the full requirements of the intent and purposes of this subchapter in the use of the funds. Acts 1985, No. 986, § 3; A.S.A. 1947, § 13-566.

If any county fails during any fiscal year to expend an amount of county funds equal to at least fifty percent (50%) of the cost of operating its solid waste management system or uses any of the state funds allocated thereof under the provisions of this subchapter for any purpose other than as intended by this subchapter, then the county shall be ineligible to receive moneys during the next following fiscal year from the County Solid Waste Management System Aid Fund, but may make reapplication for state assistance funds during the year next following thereafter, upon offering the appropriate assurances in writing that the county will meet the full requirements of the intent and purposes of this subchapter in the use of the funds.

Acts 1985, No. 986, § 3; A.S.A. 1947, § 13-566.
Ark. Code Ann. § 8-5-905 — AR Code / Title 8 / Chapter 5 / Subchapter 9 / Section 8-5-905
Project completion
Status: in_force

At the end of the long-term improvement project, the post-project water quality standards shall be in full force and effect. Acts 1997, No. 401, § 5.

At the end of the long-term improvement project, the post-project water quality standards shall be in full force and effect.

Acts 1997, No. 401, § 5.
Ark. Code Ann. § 8-7-603 — AR Code / Title 8 / Chapter 7 / Subchapter 6 / Section 8-7-603
Approval and issuance of permits
Status: in_force

Neither the Division of Environmental Quality nor any other agency or authority having the responsibility for approving and issuing permits for facilities for the disposal or storage of low-level radioactive waste in this state shall have the authority to approve or issue a permit for any facility unless the facility will fully comply with the requirements of this subchapter in all respects. Amended by Act 2019, No. 910,§ 2776, eff. 7/1/2019. Acts 1987, No. 562, § 3; 1999, No. 1164, § 101.

Neither the Division of Environmental Quality nor any other agency or authority having the responsibility for approving and issuing permits for facilities for the disposal or storage of low-level radioactive waste in this state shall have the authority to approve or issue a permit for any facility unless the facility will fully comply with the requirements of this subchapter in all respects.

Amended by Act 2019, No. 910,§ 2776, eff. 7/1/2019.

Acts 1987, No. 562, § 3; 1999, No. 1164, § 101.
Ark. Code Ann. § 8-6-2006 — AR Code / Title 8 / Chapter 6 / Subchapter 20 / Section 8-6-2006
Commission power and duties
Status: in_force

The Arkansas Pollution Control and Ecology Commission shall promulgate rules for the administration of the Environmental Compliance Resource Program under this subchapter. Added by Act 2019, No. 1067,§ 1, eff. 7/24/2019.

The Arkansas Pollution Control and Ecology Commission shall promulgate rules for the administration of the Environmental Compliance Resource Program under this subchapter.

Added by Act 2019, No. 1067,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 8-7-811 — AR Code / Title 8 / Chapter 7 / Subchapter 8 / Section 8-7-811
Trade secrets
Status: in_force

(a) Any records, reports, or information obtained by the Department of Energy and Environment, the Secretary of the Department of Energy and Environment, or the Division of Environmental Quality or by the department's or division'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,§ 23, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2800, eff. 7/1/2019. Acts 1989, No. 172, § 11; 1993, No. 810, § 7.

(a) Any records, reports, or information obtained by the Department of Energy and Environment, the Secretary of the Department of Energy and Environment, or the Division of Environmental Quality or by the department's or division'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,§ 23, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2800, eff. 7/1/2019.

Acts 1989, No. 172, § 11; 1993, No. 810, § 7.