Ark. Code Ann. § 8-4-203 — AR Code / Title 8 / Chapter 4 / Subchapter 2 / Section 8-4-203
Permits generally - Definitions
Status: in_force

(a) The Division of Environmental Quality or its successor is given and charged with the power and duty to issue, continue in effect, revoke, modify, or deny permits, under such conditions as it may prescribe: (1) To prevent, control, or abate pollution; (2) For the discharge of sewage, industrial waste, or other wastes into the waters of the state, including the disposal of pollutants into wells; and (3) For the installation, modification, or operation of disposal systems or any part of them. (b) (1) (A) The division shall not issue, modify, renew, or transfer a National Pollutant Discharge Elimination System permit or state permit for a nonmunicipal domestic sewage treatment works without the permit applicant first: (i) Paying the trust fund contribution fee required under subdivision (b)(4) of this section; (ii) Submitting the assessment required by subdivision (b)(1)(D) of this section; and (iii) Certifying that the permit applicant has complied with applicable local ordinances and regulations, including without limitation: (a) Local zoning ordinances; (b) Local planning authority regulations; and (c) Local permitting requirements. (B) As used in this section, "nonmunicipal domestic sewage treatment works" means a device or system operated by an entity other than a city, town, county, public facilities board, or public water authority that treats, in whole or in part, waste or wastewater from humans or household operations and must continuously operate to protect human health and the environment despite a permittee's failure to maintain or operate the device or system. (C) The following are specifically exempted from the requirements of this subsection: (i) State or federal facilities; (ii) Schools; (iii) Universities and colleges; (iv) Entities that continuously operate due to a connection with a city, town, or county; (v) A commercial or industrial entity that treats domestic sewage from its operations and does not accept domestic sewage from other entities or residences; and (vi) A property owners' association or homeowners' association that operates a nonmunicipal domestic sewage treatment works that services a population exceeding five thousand (5,000) individuals. (D) Each application for the initial permit and any subsequent permit renewal, modification, or transfer for a nonmunicipal domestic sewage treatment works submitted under this section shall be accompanied by an assessment developed by a professional engineer licensed by the state that includes: (i) A cost estimate for a third party to operate and maintain the nonmunicipal domestic sewage treatment works for five (5) years; (ii) A list of all necessary capital expenditures, system upgrades, or significant repairs and a milestone schedule for completion within five (5) years; and (iii) A financial plan that demonstrates to the division's satisfaction the permittee's financial ability to operate and maintain the nonmunicipal domestic sewage treatment works each year for five (5) years. (E) (i) Except as provided under subdivisions (b)(1)(C)(vi) and (b)(1)(E)(ii) of this section, the division shall not issue, renew, or transfer permit coverage for nonmunicipal domestic sewage treatment works to property owners' associations or homeowners' associations after January 1, 2018. (ii) A property owners' association or homeowners' association with permit coverage before December 31, 2017, may retain permit coverage if the property owners' association or homeowners' association complies with this section. (2) Until January 1, 2016, the Arkansas Department of Environmental Quality or the division may reduce or waive the amount of the required financial assurance if the permit applicant can demonstrate to the Arkansas Department of Environmental Quality's or the division's satisfaction that: (A) For a renewal permit, during the five (5) years preceding the application for a renewal permit, the nonmunicipal domestic sewage treatment works has: (i) Maintained the nonmunicipal domestic sewage treatment works in continuous operation; (ii) Maintained the nonmunicipal domestic sewage treatment works in substantial compliance with the existing discharge permit issued by the Arkansas Department of Environmental Quality or the division, which shall be demonstrated by submitting the following: (a) All discharge monitoring reports; (b) Evidence that the nonmunicipal domestic sewage treatment works has not exceeded the same permit effluent criteria in any two (2) consecutive monitoring periods during the previous three (3) years; (c) Evidence that no more than ten percent (10%) of the nonmunicipal domestic sewage treatment works' submitted discharge monitoring reports show effluent violations; and (d) Evidence that there have not been any administrative or judicial orders entered against the owner or operator for violations of state or federal environmental laws, rules, or regulations or permits issued by the Arkansas Department of Environmental Quality or the division; (iii) Maintained the services of a certified wastewater treatment operator, where applicable; (iv) (a) Remained financially solvent, which shall be demonstrated by either: (1) The nonmunicipal domestic sewage treatment works' federal tax returns for the five (5) years preceding the application for a renewal permit and a sworn affidavit from a corporate official or other responsible official representing the nonmunicipal domestic sewage treatment works that lists all assets and liabilities for the nonmunicipal domestic sewage treatment works; or (2) An independent certified public accountant's report on the owner's or operator's independently reviewed financial statements. (b) The review of financial statements under subdivision (b)(2)(A)(iv) (a)(2) of this section shall be conducted in accordance with the American Institute of Certified Public Accountants' Professional Standards, as they existed on January 1, 2013; and (v) Operated the nonmunicipal domestic sewage treatment works to prevent the discharge of waterborne pollutants in unacceptable concentrations to the surface waters or groundwater of the state as defined in the permit or as defined in the state's water quality standards; or (B) For a new permit: (i) The reduction or waiver is necessary to accommodate important economic or social development in the area of the proposed nonmunicipal domestic sewage treatment works; and (ii) The applicant has shown a history of financial responsibility and compliance with regulatory requirements. (3) The division may withdraw a reduction or waiver granted under this subsection at any time if the permittee has a permit violation in three (3) or more consecutive discharge monitoring periods. (4) (A) A permittee shall pay the trust fund contribution fee determined by the division under this subdivision (b)(4) to the division. (B) (i) The division shall determine the required initial and annual trust fund contribution fees for each nonmunicipal domestic sewage treatment works based on each nonmunicipal domestic sewage treatment works' design treatment capacity according to the National Pollutant Discharge Elimination System permit or the state permit and existing and projected number of residential end users. (ii) (a) The division shall require an initial trust fund contribution fee for each construction permit for a new nonmunicipal domestic sewage treatment works or any modification to an existing nonmunicipal domestic sewage treatment works resulting in an increase in design treatment capacity according to the National Pollutant Discharge Elimination System permit or the state permit. (b) The initial trust fund contribution fee required by the division for a new nonmunicipal domestic sewage treatment works is ten percent (10%) of the estimated cost of construction of the new nonmunicipal domestic sewage treatment works as certified by the engineer of record. (c) The initial trust fund contribution fee required by the division for modifications to existing nonmunicipal domestic sewage treatment works is ten percent (10%) of the estimated cost of construction for the modification of the nonmunicipal domestic sewage treatment works as certified by the engineer of record. (d) The division shall reduce the initial trust fund contribution fee if: (1) The nonmunicipal domestic sewage treatment works is subject to an enforcement action; and (2) The corrective actions approved by the division would require the nonmunicipal domestic sewage treatment works to make an initial trust fund contribution. (e) The division shall not require an initial trust fund contribution fee if the design treatment capacity according to the National Pollutant Discharge Elimination System permit or the state permit is not increased. (iii) The annual trust fund contribution fee required by the division shall not exceed one thousand dollars ($1,000) per year for no-discharge permits or five thousand dollars ($5,000) per year for discharge permits. (iv) (a) Except as otherwise provided in this subsection, a nonmunicipal domestic sewage treatment works may apply for reimbursement for a maximum of fifty percent (50%) of the costs for capital expenditures necessary to maintain permit compliance made to the nonmunicipal domestic sewage treatment facility in the previous five (5) years if: (1) Funding is available and appropriated; and (2) The division has issued that nonmunicipal domestic sewage treatment facility's third permit renewal following its initial trust fund contribution. (b) Applications for reimbursement under this subdivision (b)(4)(B) shall include a statement certified by a professional engineer licensed by the State of Arkansas identifying the necessary capital costs expended. (v) Reimbursements from the Nonmunicipal Domestic Sewage Treatment Works Trust Fund are subject to the following restrictions: (a) Over the lifetime of a nonmunicipal domestic sewage treatment facility, the reimbursement to a nonmunicipal domestic sewage treatment works shall not exceed seventy-five percent (75%) of that nonmunicipal domestic sewage treatment facility's initial trust fund contribution fee; (b) If the Director of the Division of Environmental Quality determines that a nonmunicipal domestic sewage treatment works is in a state of chronic noncompliance, that nonmunicipal domestic sewage treatment works shall not receive reimbursement from the fund; and (c) The division shall reimburse a nonmunicipal domestic sewage treatment works based on a pro rata share of each submitted request compared to the total remaining funding available if there are insufficient moneys available in a fiscal year to make reimbursements for all submitted requests under this subsection after: (1) Deducting the moneys required to make payments to third-party contractors hired by the division from the fund; (2) Calculating the total remaining funding available; and (3) Allocating the moneys available for reimbursement to each applicant for reimbursement. (vi) The Arkansas Pollution Control and Ecology Commission may promulgate rules to implement this subsection. (C) The trust fund contribution fee required under this subdivision (b)(4): (i) May be collected in conjunction with any other permit fees; (ii) Shall be paid before a permit is issued or renewed; and (iii) Shall be deposited into the fund. (D) If the total amount in the fund equals or exceeds two million one hundred thousand dollars ($2,100,000), additional trust fund contribution fees shall not be collected by the division until the total amount of the fund equals or is less than one million five hundred thousand dollars ($1,500,000), at which time the collection of required trust fund contribution fees shall resume. (5) (A) A permittee is responsible for ensuring that the required trust fund contribution fee is received by the division by the due date determined by the division. (B) If the division does not timely receive the required trust fund contribution fees for a nonmunicipal domestic sewage treatment works, the division may initiate procedures to suspend or revoke the permit under which the nonmunicipal domestic sewage treatment works is operated. (C) A permit applicant's or permit transfer applicant's failure to pay the required trust fund contribution fee assessed by the division under this section is: (i) Grounds for denying the permit or the permit transfer; and (ii) A violation of this chapter and subjects the applicant to the penalties described in § 8-4-103 . (6) Sanctions for violating this subsection may include without limitation civil penalties and suspension or revocation of a permit. (7) The division may seek cost recovery from an owner or operator and reimbursement to the fund of any moneys expended under this section, including without limitation the institution of a civil action against the owner or operator. (8) The division shall not directly operate or be responsible for the operation of a nonmunicipal domestic sewage treatment works. (9) (A) The director or the director's designee may send a signed statement to each water service provider that serves all or a portion of the service area of a nonmunicipal domestic sewage treatment works certifying that the director finds that the nonmunicipal domestic sewage treatment works: (i) Is the subject of an enforcement action by the division; (ii) Has not complied with the requirements of this section, including payment of the nonmunicipal domestic sewage treatment works trust fund contribution; or (iii) Otherwise failed to comply with its permit. (B) The division shall include a legal description of the service area for the nonmunicipal domestic sewage treatment works with the signed statement under subdivision (b)(9)(A) of this section. (C) Upon receipt of a signed statement that includes a legal description of the service area for the nonmunicipal domestic sewage treatment works, the water service provider shall not establish new connections or initiate service to existing connections for water service in the service area of the nonmunicipal domestic sewage treatment works as defined by the legal description. (D) If the director or the director's designated representative finds that the nonmunicipal domestic sewage treatment works is no longer subject to an enforcement action or has remedied the noncompliance that formed the basis for the signed statement under subdivision (b)(9)(A) of this section, the director or the director's designated representative shall send a signed statement of the finding to each water service provider that received the prior statement. (E) Upon receipt of the signed statement required under subdivision (b)(9)(D) of this section, the water service provider may resume installation of new connections or resume initiation of service to existing connections for water service. (c) (1) (A) (i) All facilities that engage in land application or storage of fluids generated or utilized during exploration or production phases of oil or gas operations shall be closed in a manner that ensures protection of human health and the environment. (ii) As used in this subsection, "land application or storage of fluids generated or utilized during exploration or production phases of oil or gas operations" means land farming through the controlled and repeated application of drilling fluids to a soil surface or the practice of receiving and storing said fluids from offsite for waste management. (iii) Surface facilities associated with Class II injection wells are specifically excluded from the requirements of this subsection. (iv) Land applications at the drilling or exploration site that are authorized under any general permit issued by the division are excluded from the requirements of this subsection. (B) By October 1, 2009, each existing permitted facility regulated under this subsection shall submit to the division the following: (i) A plan to close the permitted facility and make any site restoration deemed necessary by the division; (ii) A detailed cost estimate to close and restore the permitted facility that meets the requirements of this subsection and is approved by the division; and (iii) A financial mechanism that demonstrates to the division's satisfaction the permittee's financial ability to ensure adequate closure and any necessary restoration of the permitted facility in accordance with the requirements of this subsection. (C) The division shall not issue, modify, or renew a permit for facilities regulated under this subsection without the permit applicant first demonstrating to the division's satisfaction the applicant's financial ability to ensure adequate closure and any necessary restoration of the permitted facility in accordance with the requirements of this subsection. (D) (i) The amount of any financial assurance required under this subsection shall be equal to or greater than the detailed cost estimate for a third party to close the permitted facility in accordance with closure plans approved by the division. (ii) The detailed cost estimate shall be prepared by an independent professional consultant. (iii) On or before August 15 of each year, a permittee shall submit to the division for approval a detailed cost estimate to close and restore the permitted facility in accordance with closure plans that have been approved by the division. (E) (i) For new permits, the applicant shall submit to the division for approval a detailed cost estimate to close and restore the facility based on the proposed operation and capacity of the facility from the date the permit is issued through the following October 1. (ii) For renewal or modification applications, the permittee shall submit to the division for approval a detailed cost estimate to close and restore the permitted facility based on closure plans that have been approved by the division. (F) (i) For each permit, the financial assurance mechanism shall be renewed on October 1 of each year. (ii) For each permit, documentation that the required financial assurance mechanism has been renewed beginning October 1 of that year shall be received by the division by September 15 of each year or the division shall initiate procedures to: (a) Take possession of the funds guaranteed by the financial assurance mechanism; and (b) (1) Suspend or revoke the permit under which the facility is operated. (2) A permit shall remain suspended until a financial assurance mechanism is provided to the division in accordance with this subsection. (iii) The permittee is responsible for ensuring that documentation of annual renewal is received by the division by its due date. (2) The permittee or applicant shall demonstrate financial ability to adequately close or restore the land application or storage facility by: (A) Obtaining insurance that specifically covers closure and restoration costs; (B) Obtaining a letter of credit; (C) Obtaining a bond or other surety instrument; (D) Creating a trust fund or an escrow account; (E) Combining any of the instruments in subdivisions (c)(2)(A)-(D) of this section; or (F) Any other financial instrument approved by the director. (3) A financial instrument required by this subsection shall: (A) Be posted to the benefit of the division; (B) Provide that the financial instrument cannot be canceled without sixty (60) days' prior written notice addressed to the division's legal division chief as evidenced by a signed, certified mail with a return receipt request; and (C) Be reviewed by the division upon receipt of the cancellation notice to determine whether to initiate procedures to revoke or suspend the facility's permit and whether to initiate procedures to take possession of the funds guaranteed by the financial assurance mechanism. (4) Before the division may release a financial assurance mechanism, the division shall receive a certification by a professional engineer that the permitted facility has been closed and restored in accordance with closure plans that have been approved by the division. (5) The division is not responsible for the operation, closure, or restoration of a facility regulated under this subsection. (d) (1) When an application for the issuance of a new permit or a major modification of an existing permit is filed with the division, the division shall cause notice of the application to be published in a newspaper of general circulation in the county in which the proposed facility is to be located. (2) The notice required by subdivision (d)(1) of this section shall advise that any interested person may request a public hearing on the permit application by giving the division a written request within ten (10) days of the publication of the notice. (3) (A) If the division determines that a hearing is necessary or desires such a hearing, the division shall schedule a public hearing. (B) (i) If the division schedules a public hearing, the division shall notify the applicant and all persons who have submitted comments of the date, time, and place of the public hearing. (ii) The notice shall be provided using one (1) of the following methods based on the contact information available for the applicant or the person and the director's discretion: (a) First class mail; or (b) Email. (e) (1) (A) Whenever the division proposes to grant or deny any permit application, it shall cause notice of its proposed action to be published in either: (i) A newspaper of general circulation in the county in which the facility that is the subject of the application is located; or (ii) In the case of a statewide permit, in a newspaper of general circulation in the state. (B) The notice shall afford any interested party thirty (30) calendar days in which to submit comments on the proposed permit action. (C) (i) At the conclusion of the public comment period, the division shall provide a final written permitting decision regarding the permit application. (ii) The final written permitting decision shall be published on the division's website. (iii) The division shall provide the applicant the final permitting decision using one (1) of the following methods based on the contact information available and the director's discretion: (a) First class mail; or (b) Email. (iv) The division shall provide notice of the final permitting decision to all persons who have submitted comments using one (1) of the following methods based on the contact information available and the director's discretion: (a) First class mail; or (b) Email. (2) (A) (i) The division's final decision shall include a response to each issue raised in any public comments received during the public comment period. The response shall manifest reasoned consideration of the issues raised by the public comments and shall be supported by appropriate legal, scientific, or practical reasons for accepting or rejecting the substance of the comment in the division's permitting decision. (ii) For the purposes of this section, response to comments by the division should serve the roles of both developing the record for possible judicial review of an individual permitting action and as a record for the public's review of the division's technical and legal interpretations on long-range regulatory issues. (iii) Nothing in this section, however, shall be construed as limiting the division's authority to raise all relevant issues of regulatory concern upon adjudicatory review of the commission of a particular permitting action. (B) (i) In the case of any discharge limit, emission limit, environmental standard, analytical method, or monitoring requirements, the record of the proposed action and the response shall include a written explanation of the rationale for the proposal, demonstrating that any technical requirements or standards are based upon generally accepted scientific knowledge and engineering practices. (ii) For any standard or requirement that is identical to an applicable federal regulation or state rule, this demonstration may be satisfied by reference to the federal regulation or state rule. In all other cases, the division must provide its own justification with appropriate reference to the scientific and engineering literature or written studies conducted by the division. (f) (1) All costs of publication of notices of applications and notices of proposals to grant permits under this section shall be the responsibility of the applicant. (2) All costs of publication of notices of proposals to deny a permit under this section shall be the responsibility of the division. (3) Any moneys received under this subsection shall be classified as refunds to expenditures. (g) Only those persons that submit comments on the record during the public comment period and the applicant shall have standing to appeal the decision of the division to the commission. (h) (1) Permits for the discharge of pollutants into the waters of the state or for the prevention of pollution of the waters of the state shall remain freely transferable if the applicant for the transfer: (A) Notifies the director at least thirty (30) days in advance of the proposed transfer date; (B) Submits a disclosure statement as required under § 8-1-106 ; (C) Provides any replacement financial assurance required under this section; and (D) Ensures that all past and currently due annual permit fees and the trust fund contribution fees for the nonmunicipal domestic sewage treatment works have been paid. (2) Only the reasons stated in § 8-1-103(4) , § 8-1-106(b)(1) , § 8-1-106(c) , and this section constitute grounds for denial of a transfer. (3) The permit is automatically transferred to the new permittee unless the director denies the request within thirty (30) days of the receipt of the disclosure statement. (i) In the event of voluminous comments, including without limitation a petition, the division may require the designation of a representative to accept any notices required by this section. (j) The notice provisions of subsections (d) and (e) of this section do not apply to permit transfers or minor modifications of existing permits. (k) This section in no way restricts local and county government entities from enacting more stringent ordinances regulating nonmunicipal domestic treatment sewage systems in Arkansas. (l) The commission may promulgate rules to establish a permit-by-rule. A permit-by-rule is subject to the public notice requirements and procedural provisions under § 8-4-202 et seq. but is not subject to the public notice requirements and procedural provisions under this section and §§ 8-4-204 and 8-4-205 . (m) (1) (A) (i) The division may issue general permits under subsection (a) of this section. (ii) A general permit is a statewide permit for a category of facilities or sources that: (a) Involve the same or substantially similar types of operations or activities; (b) Discharge or release the same type of wastes or engage in the same type of disposal practices; (c) Require the same limitations, operating conditions, or standards; (d) Require the same or similar monitoring requirements; and (e) In the opinion of the director, may be regulated under a general permit. (B) (i) Facilities or sources eligible to construct or operate under a general permit may obtain coverage by submitting a notice of intent to the division. (ii) The director may require a person who has been granted coverage under a general permit to apply for and obtain an individual permit. (2) (A) A general permit is subject to the public notice requirements for statewide permits and the procedures under subsection (e) of this section. (B) The division shall pay the costs of publication of notice of a draft permitting decision to issue a general permit. (C) General permit coverage is not transferable unless the general permit provides for transfer. (3) (A) (i) Before the submittal to public comment of a general permit that has not been previously issued, the division shall consider the economic impact and environmental benefit of the general permit and its terms and conditions upon the people of the State of Arkansas, including those entities that may apply for coverage under the general permit. (ii) This requirement does not apply to general permits or terms or conditions that adopt the language of state laws or rules or federal statutes or regulations without substantive change. (B) If the terms and conditions of a previously issued general permit are revised upon renewal, the economic impact and environmental benefit of only the proposed changes shall be considered. (C) A general permit for which costs are specifically prohibited from being considered by state law or rule or federal law or regulation is exempt from the requirements of this subsection. (D) The division may rely upon readily available information for its consideration of the economic impact and environmental benefit of the general permit and its terms and conditions. (4) (A) Only those persons that submit comments on the record during the public comment period shall have standing to appeal the decision of the division to the commission. (B) The final permitting decision of the division on the general permit is subject to a hearing before the commission under §§ 8-4-205 , 8-4-212 , 8-4-213 , 8-4-214 , and the administrative procedures promulgated by the commission. (5) (A) (i) When a general permit includes an expiration date later than July 1, 2012, the Arkansas Department of Environmental Quality or the division shall publish the notice of intent to renew or not renew the general permit at least three hundred sixty-five (365) days before the expiration of the general permit. (ii) When a general permit includes an expiration date earlier than July 1, 2012, the Arkansas Department of Environmental Quality or the division shall publish the notice of intent to renew or not renew the general permit as soon as reasonably possible. (B) The Arkansas Department of Environmental Quality or the division shall publish its final permitting decision to renew or not renew the general permit at least one hundred eighty (180) days before the expiration date of the general permit. (C) If the general permit expires before the final decision to renew or not renew the general permit, the terms and conditions of the general permit shall remain in effect, and all persons who obtained coverage under the general permit before its expiration shall retain coverage under the general permit until there has been a final permit decision on the general permit. (D) In the event the Arkansas Department of Environmental Quality or the division makes a decision to not renew the general permit, existing coverage under the general permit shall continue under the terms of the expired permit until a final decision is reached for an individual permit. (6) (A) If a general permit is appealed and the general permit expires before the final decision by the director or by the commission to renew or not renew the general permit, the terms and conditions of the general permit shall remain in effect. (B) All persons who obtained coverage under the general permit before its expiration shall retain coverage under the general permit until there has been a final administrative decision on the general permit. (C) The director shall not approve new coverage under an expired general permit for any facility for which a notice of intent was not filed before expiration of the general permit. (n) [Repealed.] (o) [Repealed.] Amended by Act 2023, No. 824,§ 1, eff. 8/1/2023. Amended by Act 2023, No. 46,§ 2, eff. 8/1/2023. Amended by Act 2023, No. 46,§ 1, eff. 8/1/2023. Amended by Act 2021, No. 441,§ 1, eff. 3/24/2021. Amended by Act 2019, No. 315,§ 470, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 469, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 468, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 467, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2487, eff. 7/1/2019. Amended by Act 2018EX2, No. 10,§ 1, eff. 7/24/2019. Amended by Act 2018EX2, No. 6,§ 1, eff. 7/24/2019. Amended by Act 2017, No. 1057,§ 2, eff. 8/1/2017. Amended by Act 2017, No. 1057,§ 1, eff. 8/1/2017. Amended by Act 2017, No. 1037,§ 1, eff. 8/1/2017. Amended by Act 2017, No. 987,§ 3, eff. 8/1/2017. Amended by Act 2017, No. 987,§ 2, eff. 8/1/2017. Amended by Act 2017, No. 987,§ 1, eff. 8/1/2017. Amended by Act 2017, No. 501,§ 1, eff. 8/1/2017. Amended by Act 2015, No. 575,§ 3, eff. 7/22/2015. Amended by Act 2015, No. 575,§ 2, eff. 7/22/2015. Amended by Act 2015, No. 94,§ 1, eff. 7/22/2015. Amended by Act 2013, No. 1127,§ 2, eff. 8/16/2013. Amended by Act 2013, No. 402,§ 2, eff. 8/16/2013. Amended by Act 2013, No. 402,§ 1, eff. 8/16/2013. Acts 1949, No. 472, [Part 1], § 3; 1961, No. 120, § 4; 1975, No. 743, § 4; 1979, No. 680, § 1; 1981, No. 826, § 1; A.S.A. 1947, § 82-1904; Acts 1993, No. 163, § 13; 1993, No. 165, § 13; 1995, No. 384, §§ 2, 3, 6-9; 1995, No. 895, § 2; 1997, No. 1219, § 5; 1997, No. 1312, § 1; 1999, No. 229, § 1; 1999, No. 1164, § 20; 2007, No. 832, § 1; 2007, No. 1005, § 2; 2009, No. 369, § 1; 2009, No. 409, § 1; 2011, No. 731, § 1.

(a) The Division of Environmental Quality or its successor is given and charged with the power and duty to issue, continue in effect, revoke, modify, or deny permits, under such conditions as it may prescribe: (1) To prevent, control, or abate pollution; (2) For the discharge of sewage, industrial waste, or other wastes into the waters of the state, including the disposal of pollutants into wells; and (3) For the installation, modification, or operation of disposal systems or any part of them.

(1) To prevent, control, or abate pollution;

(2) For the discharge of sewage, industrial waste, or other wastes into the waters of the state, including the disposal of pollutants into wells; and

(3) For the installation, modification, or operation of disposal systems or any part of them.

(b) (1) (A) The division shall not issue, modify, renew, or transfer a National Pollutant Discharge Elimination System permit or state permit for a nonmunicipal domestic sewage treatment works without the permit applicant first: (i) Paying the trust fund contribution fee required under subdivision (b)(4) of this section; (ii) Submitting the assessment required by subdivision (b)(1)(D) of this section; and (iii) Certifying that the permit applicant has complied with applicable local ordinances and regulations, including without limitation: (a) Local zoning ordinances; (b) Local planning authority regulations; and (c) Local permitting requirements. (B) As used in this section, "nonmunicipal domestic sewage treatment works" means a device or system operated by an entity other than a city, town, county, public facilities board, or public water authority that treats, in whole or in part, waste or wastewater from humans or household operations and must continuously operate to protect human health and the environment despite a permittee's failure to maintain or operate the device or system. (C) The following are specifically exempted from the requirements of this subsection: (i) State or federal facilities; (ii) Schools; (iii) Universities and colleges; (iv) Entities that continuously operate due to a connection with a city, town, or county; (v) A commercial or industrial entity that treats domestic sewage from its operations and does not accept domestic sewage from other entities or residences; and (vi) A property owners' association or homeowners' association that operates a nonmunicipal domestic sewage treatment works that services a population exceeding five thousand (5,000) individuals. (D) Each application for the initial permit and any subsequent permit renewal, modification, or transfer for a nonmunicipal domestic sewage treatment works submitted under this section shall be accompanied by an assessment developed by a professional engineer licensed by the state that includes: (i) A cost estimate for a third party to operate and maintain the nonmunicipal domestic sewage treatment works for five (5) years; (ii) A list of all necessary capital expenditures, system upgrades, or significant repairs and a milestone schedule for completion within five (5) years; and (iii) A financial plan that demonstrates to the division's satisfaction the permittee's financial ability to operate and maintain the nonmunicipal domestic sewage treatment works each year for five (5) years. (E) (i) Except as provided under subdivisions (b)(1)(C)(vi) and (b)(1)(E)(ii) of this section, the division shall not issue, renew, or transfer permit coverage for nonmunicipal domestic sewage treatment works to property owners' associations or homeowners' associations after January 1, 2018. (ii) A property owners' association or homeowners' association with permit coverage before December 31, 2017, may retain permit coverage if the property owners' association or homeowners' association complies with this section. (2) Until January 1, 2016, the Arkansas Department of Environmental Quality or the division may reduce or waive the amount of the required financial assurance if the permit applicant can demonstrate to the Arkansas Department of Environmental Quality's or the division's satisfaction that: (A) For a renewal permit, during the five (5) years preceding the application for a renewal permit, the nonmunicipal domestic sewage treatment works has: (i) Maintained the nonmunicipal domestic sewage treatment works in continuous operation; (ii) Maintained the nonmunicipal domestic sewage treatment works in substantial compliance with the existing discharge permit issued by the Arkansas Department of Environmental Quality or the division, which shall be demonstrated by submitting the following: (a) All discharge monitoring reports; (b) Evidence that the nonmunicipal domestic sewage treatment works has not exceeded the same permit effluent criteria in any two (2) consecutive monitoring periods during the previous three (3) years; (c) Evidence that no more than ten percent (10%) of the nonmunicipal domestic sewage treatment works' submitted discharge monitoring reports show effluent violations; and (d) Evidence that there have not been any administrative or judicial orders entered against the owner or operator for violations of state or federal environmental laws, rules, or regulations or permits issued by the Arkansas Department of Environmental Quality or the division; (iii) Maintained the services of a certified wastewater treatment operator, where applicable; (iv) (a) Remained financially solvent, which shall be demonstrated by either: (1) The nonmunicipal domestic sewage treatment works' federal tax returns for the five (5) years preceding the application for a renewal permit and a sworn affidavit from a corporate official or other responsible official representing the nonmunicipal domestic sewage treatment works that lists all assets and liabilities for the nonmunicipal domestic sewage treatment works; or (2) An independent certified public accountant's report on the owner's or operator's independently reviewed financial statements. (b) The review of financial statements under subdivision (b)(2)(A)(iv) (a)(2) of this section shall be conducted in accordance with the American Institute of Certified Public Accountants' Professional Standards, as they existed on January 1, 2013; and (v) Operated the nonmunicipal domestic sewage treatment works to prevent the discharge of waterborne pollutants in unacceptable concentrations to the surface waters or groundwater of the state as defined in the permit or as defined in the state's water quality standards; or (B) For a new permit: (i) The reduction or waiver is necessary to accommodate important economic or social development in the area of the proposed nonmunicipal domestic sewage treatment works; and (ii) The applicant has shown a history of financial responsibility and compliance with regulatory requirements. (3) The division may withdraw a reduction or waiver granted under this subsection at any time if the permittee has a permit violation in three (3) or more consecutive discharge monitoring periods. (4) (A) A permittee shall pay the trust fund contribution fee determined by the division under this subdivision (b)(4) to the division. (B) (i) The division shall determine the required initial and annual trust fund contribution fees for each nonmunicipal domestic sewage treatment works based on each nonmunicipal domestic sewage treatment works' design treatment capacity according to the National Pollutant Discharge Elimination System permit or the state permit and existing and projected number of residential end users. (ii) (a) The division shall require an initial trust fund contribution fee for each construction permit for a new nonmunicipal domestic sewage treatment works or any modification to an existing nonmunicipal domestic sewage treatment works resulting in an increase in design treatment capacity according to the National Pollutant Discharge Elimination System permit or the state permit. (b) The initial trust fund contribution fee required by the division for a new nonmunicipal domestic sewage treatment works is ten percent (10%) of the estimated cost of construction of the new nonmunicipal domestic sewage treatment works as certified by the engineer of record. (c) The initial trust fund contribution fee required by the division for modifications to existing nonmunicipal domestic sewage treatment works is ten percent (10%) of the estimated cost of construction for the modification of the nonmunicipal domestic sewage treatment works as certified by the engineer of record. (d) The division shall reduce the initial trust fund contribution fee if: (1) The nonmunicipal domestic sewage treatment works is subject to an enforcement action; and (2) The corrective actions approved by the division would require the nonmunicipal domestic sewage treatment works to make an initial trust fund contribution. (e) The division shall not require an initial trust fund contribution fee if the design treatment capacity according to the National Pollutant Discharge Elimination System permit or the state permit is not increased. (iii) The annual trust fund contribution fee required by the division shall not exceed one thousand dollars ($1,000) per year for no-discharge permits or five thousand dollars ($5,000) per year for discharge permits. (iv) (a) Except as otherwise provided in this subsection, a nonmunicipal domestic sewage treatment works may apply for reimbursement for a maximum of fifty percent (50%) of the costs for capital expenditures necessary to maintain permit compliance made to the nonmunicipal domestic sewage treatment facility in the previous five (5) years if: (1) Funding is available and appropriated; and (2) The division has issued that nonmunicipal domestic sewage treatment facility's third permit renewal following its initial trust fund contribution. (b) Applications for reimbursement under this subdivision (b)(4)(B) shall include a statement certified by a professional engineer licensed by the State of Arkansas identifying the necessary capital costs expended. (v) Reimbursements from the Nonmunicipal Domestic Sewage Treatment Works Trust Fund are subject to the following restrictions: (a) Over the lifetime of a nonmunicipal domestic sewage treatment facility, the reimbursement to a nonmunicipal domestic sewage treatment works shall not exceed seventy-five percent (75%) of that nonmunicipal domestic sewage treatment facility's initial trust fund contribution fee; (b) If the Director of the Division of Environmental Quality determines that a nonmunicipal domestic sewage treatment works is in a state of chronic noncompliance, that nonmunicipal domestic sewage treatment works shall not receive reimbursement from the fund; and (c) The division shall reimburse a nonmunicipal domestic sewage treatment works based on a pro rata share of each submitted request compared to the total remaining funding available if there are insufficient moneys available in a fiscal year to make reimbursements for all submitted requests under this subsection after: (1) Deducting the moneys required to make payments to third-party contractors hired by the division from the fund; (2) Calculating the total remaining funding available; and (3) Allocating the moneys available for reimbursement to each applicant for reimbursement. (vi) The Arkansas Pollution Control and Ecology Commission may promulgate rules to implement this subsection. (C) The trust fund contribution fee required under this subdivision (b)(4): (i) May be collected in conjunction with any other permit fees; (ii) Shall be paid before a permit is issued or renewed; and (iii) Shall be deposited into the fund. (D) If the total amount in the fund equals or exceeds two million one hundred thousand dollars ($2,100,000), additional trust fund contribution fees shall not be collected by the division until the total amount of the fund equals or is less than one million five hundred thousand dollars ($1,500,000), at which time the collection of required trust fund contribution fees shall resume. (5) (A) A permittee is responsible for ensuring that the required trust fund contribution fee is received by the division by the due date determined by the division. (B) If the division does not timely receive the required trust fund contribution fees for a nonmunicipal domestic sewage treatment works, the division may initiate procedures to suspend or revoke the permit under which the nonmunicipal domestic sewage treatment works is operated. (C) A permit applicant's or permit transfer applicant's failure to pay the required trust fund contribution fee assessed by the division under this section is: (i) Grounds for denying the permit or the permit transfer; and (ii) A violation of this chapter and subjects the applicant to the penalties described in § 8-4-103 . (6) Sanctions for violating this subsection may include without limitation civil penalties and suspension or revocation of a permit. (7) The division may seek cost recovery from an owner or operator and reimbursement to the fund of any moneys expended under this section, including without limitation the institution of a civil action against the owner or operator. (8) The division shall not directly operate or be responsible for the operation of a nonmunicipal domestic sewage treatment works. (9) (A) The director or the director's designee may send a signed statement to each water service provider that serves all or a portion of the service area of a nonmunicipal domestic sewage treatment works certifying that the director finds that the nonmunicipal domestic sewage treatment works: (i) Is the subject of an enforcement action by the division; (ii) Has not complied with the requirements of this section, including payment of the nonmunicipal domestic sewage treatment works trust fund contribution; or (iii) Otherwise failed to comply with its permit. (B) The division shall include a legal description of the service area for the nonmunicipal domestic sewage treatment works with the signed statement under subdivision (b)(9)(A) of this section. (C) Upon receipt of a signed statement that includes a legal description of the service area for the nonmunicipal domestic sewage treatment works, the water service provider shall not establish new connections or initiate service to existing connections for water service in the service area of the nonmunicipal domestic sewage treatment works as defined by the legal description. (D) If the director or the director's designated representative finds that the nonmunicipal domestic sewage treatment works is no longer subject to an enforcement action or has remedied the noncompliance that formed the basis for the signed statement under subdivision (b)(9)(A) of this section, the director or the director's designated representative shall send a signed statement of the finding to each water service provider that received the prior statement. (E) Upon receipt of the signed statement required under subdivision (b)(9)(D) of this section, the water service provider may resume installation of new connections or resume initiation of service to existing connections for water service.

(1) (A) The division shall not issue, modify, renew, or transfer a National Pollutant Discharge Elimination System permit or state permit for a nonmunicipal domestic sewage treatment works without the permit applicant first: (i) Paying the trust fund contribution fee required under subdivision (b)(4) of this section; (ii) Submitting the assessment required by subdivision (b)(1)(D) of this section; and (iii) Certifying that the permit applicant has complied with applicable local ordinances and regulations, including without limitation: (a) Local zoning ordinances; (b) Local planning authority regulations; and (c) Local permitting requirements. (B) As used in this section, "nonmunicipal domestic sewage treatment works" means a device or system operated by an entity other than a city, town, county, public facilities board, or public water authority that treats, in whole or in part, waste or wastewater from humans or household operations and must continuously operate to protect human health and the environment despite a permittee's failure to maintain or operate the device or system. (C) The following are specifically exempted from the requirements of this subsection: (i) State or federal facilities; (ii) Schools; (iii) Universities and colleges; (iv) Entities that continuously operate due to a connection with a city, town, or county; (v) A commercial or industrial entity that treats domestic sewage from its operations and does not accept domestic sewage from other entities or residences; and (vi) A property owners' association or homeowners' association that operates a nonmunicipal domestic sewage treatment works that services a population exceeding five thousand (5,000) individuals. (D) Each application for the initial permit and any subsequent permit renewal, modification, or transfer for a nonmunicipal domestic sewage treatment works submitted under this section shall be accompanied by an assessment developed by a professional engineer licensed by the state that includes: (i) A cost estimate for a third party to operate and maintain the nonmunicipal domestic sewage treatment works for five (5) years; (ii) A list of all necessary capital expenditures, system upgrades, or significant repairs and a milestone schedule for completion within five (5) years; and (iii) A financial plan that demonstrates to the division's satisfaction the permittee's financial ability to operate and maintain the nonmunicipal domestic sewage treatment works each year for five (5) years. (E) (i) Except as provided under subdivisions (b)(1)(C)(vi) and (b)(1)(E)(ii) of this section, the division shall not issue, renew, or transfer permit coverage for nonmunicipal domestic sewage treatment works to property owners' associations or homeowners' associations after January 1, 2018. (ii) A property owners' association or homeowners' association with permit coverage before December 31, 2017, may retain permit coverage if the property owners' association or homeowners' association complies with this section.

(A) The division shall not issue, modify, renew, or transfer a National Pollutant Discharge Elimination System permit or state permit for a nonmunicipal domestic sewage treatment works without the permit applicant first: (i) Paying the trust fund contribution fee required under subdivision (b)(4) of this section; (ii) Submitting the assessment required by subdivision (b)(1)(D) of this section; and (iii) Certifying that the permit applicant has complied with applicable local ordinances and regulations, including without limitation: (a) Local zoning ordinances; (b) Local planning authority regulations; and (c) Local permitting requirements.

(i) Paying the trust fund contribution fee required under subdivision (b)(4) of this section;

(ii) Submitting the assessment required by subdivision (b)(1)(D) of this section; and

(iii) Certifying that the permit applicant has complied with applicable local ordinances and regulations, including without limitation: (a) Local zoning ordinances; (b) Local planning authority regulations; and (c) Local permitting requirements.

(a) Local zoning ordinances;

(b) Local planning authority regulations; and

(c) Local permitting requirements.

(B) As used in this section, "nonmunicipal domestic sewage treatment works" means a device or system operated by an entity other than a city, town, county, public facilities board, or public water authority that treats, in whole or in part, waste or wastewater from humans or household operations and must continuously operate to protect human health and the environment despite a permittee's failure to maintain or operate the device or system.

(C) The following are specifically exempted from the requirements of this subsection: (i) State or federal facilities; (ii) Schools; (iii) Universities and colleges; (iv) Entities that continuously operate due to a connection with a city, town, or county; (v) A commercial or industrial entity that treats domestic sewage from its operations and does not accept domestic sewage from other entities or residences; and (vi) A property owners' association or homeowners' association that operates a nonmunicipal domestic sewage treatment works that services a population exceeding five thousand (5,000) individuals.

(i) State or federal facilities;

(ii) Schools;

(iii) Universities and colleges;

(iv) Entities that continuously operate due to a connection with a city, town, or county;

(v) A commercial or industrial entity that treats domestic sewage from its operations and does not accept domestic sewage from other entities or residences; and

(vi) A property owners' association or homeowners' association that operates a nonmunicipal domestic sewage treatment works that services a population exceeding five thousand (5,000) individuals.

(D) Each application for the initial permit and any subsequent permit renewal, modification, or transfer for a nonmunicipal domestic sewage treatment works submitted under this section shall be accompanied by an assessment developed by a professional engineer licensed by the state that includes: (i) A cost estimate for a third party to operate and maintain the nonmunicipal domestic sewage treatment works for five (5) years; (ii) A list of all necessary capital expenditures, system upgrades, or significant repairs and a milestone schedule for completion within five (5) years; and (iii) A financial plan that demonstrates to the division's satisfaction the permittee's financial ability to operate and maintain the nonmunicipal domestic sewage treatment works each year for five (5) years.

(i) A cost estimate for a third party to operate and maintain the nonmunicipal domestic sewage treatment works for five (5) years;

(ii) A list of all necessary capital expenditures, system upgrades, or significant repairs and a milestone schedule for completion within five (5) years; and

(iii) A financial plan that demonstrates to the division's satisfaction the permittee's financial ability to operate and maintain the nonmunicipal domestic sewage treatment works each year for five (5) years.

(E) (i) Except as provided under subdivisions (b)(1)(C)(vi) and (b)(1)(E)(ii) of this section, the division shall not issue, renew, or transfer permit coverage for nonmunicipal domestic sewage treatment works to property owners' associations or homeowners' associations after January 1, 2018. (ii) A property owners' association or homeowners' association with permit coverage before December 31, 2017, may retain permit coverage if the property owners' association or homeowners' association complies with this section.

(i) Except as provided under subdivisions (b)(1)(C)(vi) and (b)(1)(E)(ii) of this section, the division shall not issue, renew, or transfer permit coverage for nonmunicipal domestic sewage treatment works to property owners' associations or homeowners' associations after January 1, 2018.

(ii) A property owners' association or homeowners' association with permit coverage before December 31, 2017, may retain permit coverage if the property owners' association or homeowners' association complies with this section.

(2) Until January 1, 2016, the Arkansas Department of Environmental Quality or the division may reduce or waive the amount of the required financial assurance if the permit applicant can demonstrate to the Arkansas Department of Environmental Quality's or the division's satisfaction that: (A) For a renewal permit, during the five (5) years preceding the application for a renewal permit, the nonmunicipal domestic sewage treatment works has: (i) Maintained the nonmunicipal domestic sewage treatment works in continuous operation; (ii) Maintained the nonmunicipal domestic sewage treatment works in substantial compliance with the existing discharge permit issued by the Arkansas Department of Environmental Quality or the division, which shall be demonstrated by submitting the following: (a) All discharge monitoring reports; (b) Evidence that the nonmunicipal domestic sewage treatment works has not exceeded the same permit effluent criteria in any two (2) consecutive monitoring periods during the previous three (3) years; (c) Evidence that no more than ten percent (10%) of the nonmunicipal domestic sewage treatment works' submitted discharge monitoring reports show effluent violations; and (d) Evidence that there have not been any administrative or judicial orders entered against the owner or operator for violations of state or federal environmental laws, rules, or regulations or permits issued by the Arkansas Department of Environmental Quality or the division; (iii) Maintained the services of a certified wastewater treatment operator, where applicable; (iv) (a) Remained financially solvent, which shall be demonstrated by either: (1) The nonmunicipal domestic sewage treatment works' federal tax returns for the five (5) years preceding the application for a renewal permit and a sworn affidavit from a corporate official or other responsible official representing the nonmunicipal domestic sewage treatment works that lists all assets and liabilities for the nonmunicipal domestic sewage treatment works; or (2) An independent certified public accountant's report on the owner's or operator's independently reviewed financial statements. (b) The review of financial statements under subdivision (b)(2)(A)(iv) (a)(2) of this section shall be conducted in accordance with the American Institute of Certified Public Accountants' Professional Standards, as they existed on January 1, 2013; and (v) Operated the nonmunicipal domestic sewage treatment works to prevent the discharge of waterborne pollutants in unacceptable concentrations to the surface waters or groundwater of the state as defined in the permit or as defined in the state's water quality standards; or (B) For a new permit: (i) The reduction or waiver is necessary to accommodate important economic or social development in the area of the proposed nonmunicipal domestic sewage treatment works; and (ii) The applicant has shown a history of financial responsibility and compliance with regulatory requirements.

(A) For a renewal permit, during the five (5) years preceding the application for a renewal permit, the nonmunicipal domestic sewage treatment works has: (i) Maintained the nonmunicipal domestic sewage treatment works in continuous operation; (ii) Maintained the nonmunicipal domestic sewage treatment works in substantial compliance with the existing discharge permit issued by the Arkansas Department of Environmental Quality or the division, which shall be demonstrated by submitting the following: (a) All discharge monitoring reports; (b) Evidence that the nonmunicipal domestic sewage treatment works has not exceeded the same permit effluent criteria in any two (2) consecutive monitoring periods during the previous three (3) years; (c) Evidence that no more than ten percent (10%) of the nonmunicipal domestic sewage treatment works' submitted discharge monitoring reports show effluent violations; and (d) Evidence that there have not been any administrative or judicial orders entered against the owner or operator for violations of state or federal environmental laws, rules, or regulations or permits issued by the Arkansas Department of Environmental Quality or the division; (iii) Maintained the services of a certified wastewater treatment operator, where applicable; (iv) (a) Remained financially solvent, which shall be demonstrated by either: (1) The nonmunicipal domestic sewage treatment works' federal tax returns for the five (5) years preceding the application for a renewal permit and a sworn affidavit from a corporate official or other responsible official representing the nonmunicipal domestic sewage treatment works that lists all assets and liabilities for the nonmunicipal domestic sewage treatment works; or (2) An independent certified public accountant's report on the owner's or operator's independently reviewed financial statements. (b) The review of financial statements under subdivision (b)(2)(A)(iv) (a)(2) of this section shall be conducted in accordance with the American Institute of Certified Public Accountants' Professional Standards, as they existed on January 1, 2013; and (v) Operated the nonmunicipal domestic sewage treatment works to prevent the discharge of waterborne pollutants in unacceptable concentrations to the surface waters or groundwater of the state as defined in the permit or as defined in the state's water quality standards; or

(i) Maintained the nonmunicipal domestic sewage treatment works in continuous operation;

(ii) Maintained the nonmunicipal domestic sewage treatment works in substantial compliance with the existing discharge permit issued by the Arkansas Department of Environmental Quality or the division, which shall be demonstrated by submitting the following: (a) All discharge monitoring reports; (b) Evidence that the nonmunicipal domestic sewage treatment works has not exceeded the same permit effluent criteria in any two (2) consecutive monitoring periods during the previous three (3) years; (c) Evidence that no more than ten percent (10%) of the nonmunicipal domestic sewage treatment works' submitted discharge monitoring reports show effluent violations; and (d) Evidence that there have not been any administrative or judicial orders entered against the owner or operator for violations of state or federal environmental laws, rules, or regulations or permits issued by the Arkansas Department of Environmental Quality or the division;

(a) All discharge monitoring reports;

(b) Evidence that the nonmunicipal domestic sewage treatment works has not exceeded the same permit effluent criteria in any two (2) consecutive monitoring periods during the previous three (3) years;

(c) Evidence that no more than ten percent (10%) of the nonmunicipal domestic sewage treatment works' submitted discharge monitoring reports show effluent violations; and

(d) Evidence that there have not been any administrative or judicial orders entered against the owner or operator for violations of state or federal environmental laws, rules, or regulations or permits issued by the Arkansas Department of Environmental Quality or the division;

(iii) Maintained the services of a certified wastewater treatment operator, where applicable;

(iv) (a) Remained financially solvent, which shall be demonstrated by either: (1) The nonmunicipal domestic sewage treatment works' federal tax returns for the five (5) years preceding the application for a renewal permit and a sworn affidavit from a corporate official or other responsible official representing the nonmunicipal domestic sewage treatment works that lists all assets and liabilities for the nonmunicipal domestic sewage treatment works; or (2) An independent certified public accountant's report on the owner's or operator's independently reviewed financial statements. (b) The review of financial statements under subdivision (b)(2)(A)(iv) (a)(2) of this section shall be conducted in accordance with the American Institute of Certified Public Accountants' Professional Standards, as they existed on January 1, 2013; and

(a) Remained financially solvent, which shall be demonstrated by either: (1) The nonmunicipal domestic sewage treatment works' federal tax returns for the five (5) years preceding the application for a renewal permit and a sworn affidavit from a corporate official or other responsible official representing the nonmunicipal domestic sewage treatment works that lists all assets and liabilities for the nonmunicipal domestic sewage treatment works; or (2) An independent certified public accountant's report on the owner's or operator's independently reviewed financial statements.

(1) The nonmunicipal domestic sewage treatment works' federal tax returns for the five (5) years preceding the application for a renewal permit and a sworn affidavit from a corporate official or other responsible official representing the nonmunicipal domestic sewage treatment works that lists all assets and liabilities for the nonmunicipal domestic sewage treatment works; or

(2) An independent certified public accountant's report on the owner's or operator's independently reviewed financial statements.

(b) The review of financial statements under subdivision (b)(2)(A)(iv) (a)(2) of this section shall be conducted in accordance with the American Institute of Certified Public Accountants' Professional Standards, as they existed on January 1, 2013; and

(v) Operated the nonmunicipal domestic sewage treatment works to prevent the discharge of waterborne pollutants in unacceptable concentrations to the surface waters or groundwater of the state as defined in the permit or as defined in the state's water quality standards; or

(B) For a new permit: (i) The reduction or waiver is necessary to accommodate important economic or social development in the area of the proposed nonmunicipal domestic sewage treatment works; and (ii) The applicant has shown a history of financial responsibility and compliance with regulatory requirements.

(i) The reduction or waiver is necessary to accommodate important economic or social development in the area of the proposed nonmunicipal domestic sewage treatment works; and

(ii) The applicant has shown a history of financial responsibility and compliance with regulatory requirements.

(3) The division may withdraw a reduction or waiver granted under this subsection at any time if the permittee has a permit violation in three (3) or more consecutive discharge monitoring periods.

(4) (A) A permittee shall pay the trust fund contribution fee determined by the division under this subdivision (b)(4) to the division. (B) (i) The division shall determine the required initial and annual trust fund contribution fees for each nonmunicipal domestic sewage treatment works based on each nonmunicipal domestic sewage treatment works' design treatment capacity according to the National Pollutant Discharge Elimination System permit or the state permit and existing and projected number of residential end users. (ii) (a) The division shall require an initial trust fund contribution fee for each construction permit for a new nonmunicipal domestic sewage treatment works or any modification to an existing nonmunicipal domestic sewage treatment works resulting in an increase in design treatment capacity according to the National Pollutant Discharge Elimination System permit or the state permit. (b) The initial trust fund contribution fee required by the division for a new nonmunicipal domestic sewage treatment works is ten percent (10%) of the estimated cost of construction of the new nonmunicipal domestic sewage treatment works as certified by the engineer of record. (c) The initial trust fund contribution fee required by the division for modifications to existing nonmunicipal domestic sewage treatment works is ten percent (10%) of the estimated cost of construction for the modification of the nonmunicipal domestic sewage treatment works as certified by the engineer of record. (d) The division shall reduce the initial trust fund contribution fee if: (1) The nonmunicipal domestic sewage treatment works is subject to an enforcement action; and (2) The corrective actions approved by the division would require the nonmunicipal domestic sewage treatment works to make an initial trust fund contribution. (e) The division shall not require an initial trust fund contribution fee if the design treatment capacity according to the National Pollutant Discharge Elimination System permit or the state permit is not increased. (iii) The annual trust fund contribution fee required by the division shall not exceed one thousand dollars ($1,000) per year for no-discharge permits or five thousand dollars ($5,000) per year for discharge permits. (iv) (a) Except as otherwise provided in this subsection, a nonmunicipal domestic sewage treatment works may apply for reimbursement for a maximum of fifty percent (50%) of the costs for capital expenditures necessary to maintain permit compliance made to the nonmunicipal domestic sewage treatment facility in the previous five (5) years if: (1) Funding is available and appropriated; and (2) The division has issued that nonmunicipal domestic sewage treatment facility's third permit renewal following its initial trust fund contribution. (b) Applications for reimbursement under this subdivision (b)(4)(B) shall include a statement certified by a professional engineer licensed by the State of Arkansas identifying the necessary capital costs expended. (v) Reimbursements from the Nonmunicipal Domestic Sewage Treatment Works Trust Fund are subject to the following restrictions: (a) Over the lifetime of a nonmunicipal domestic sewage treatment facility, the reimbursement to a nonmunicipal domestic sewage treatment works shall not exceed seventy-five percent (75%) of that nonmunicipal domestic sewage treatment facility's initial trust fund contribution fee; (b) If the Director of the Division of Environmental Quality determines that a nonmunicipal domestic sewage treatment works is in a state of chronic noncompliance, that nonmunicipal domestic sewage treatment works shall not receive reimbursement from the fund; and (c) The division shall reimburse a nonmunicipal domestic sewage treatment works based on a pro rata share of each submitted request compared to the total remaining funding available if there are insufficient moneys available in a fiscal year to make reimbursements for all submitted requests under this subsection after: (1) Deducting the moneys required to make payments to third-party contractors hired by the division from the fund; (2) Calculating the total remaining funding available; and (3) Allocating the moneys available for reimbursement to each applicant for reimbursement. (vi) The Arkansas Pollution Control and Ecology Commission may promulgate rules to implement this subsection. (C) The trust fund contribution fee required under this subdivision (b)(4): (i) May be collected in conjunction with any other permit fees; (ii) Shall be paid before a permit is issued or renewed; and (iii) Shall be deposited into the fund. (D) If the total amount in the fund equals or exceeds two million one hundred thousand dollars ($2,100,000), additional trust fund contribution fees shall not be collected by the division until the total amount of the fund equals or is less than one million five hundred thousand dollars ($1,500,000), at which time the collection of required trust fund contribution fees shall resume.

(A) A permittee shall pay the trust fund contribution fee determined by the division under this subdivision (b)(4) to the division.

(B) (i) The division shall determine the required initial and annual trust fund contribution fees for each nonmunicipal domestic sewage treatment works based on each nonmunicipal domestic sewage treatment works' design treatment capacity according to the National Pollutant Discharge Elimination System permit or the state permit and existing and projected number of residential end users. (ii) (a) The division shall require an initial trust fund contribution fee for each construction permit for a new nonmunicipal domestic sewage treatment works or any modification to an existing nonmunicipal domestic sewage treatment works resulting in an increase in design treatment capacity according to the National Pollutant Discharge Elimination System permit or the state permit. (b) The initial trust fund contribution fee required by the division for a new nonmunicipal domestic sewage treatment works is ten percent (10%) of the estimated cost of construction of the new nonmunicipal domestic sewage treatment works as certified by the engineer of record. (c) The initial trust fund contribution fee required by the division for modifications to existing nonmunicipal domestic sewage treatment works is ten percent (10%) of the estimated cost of construction for the modification of the nonmunicipal domestic sewage treatment works as certified by the engineer of record. (d) The division shall reduce the initial trust fund contribution fee if: (1) The nonmunicipal domestic sewage treatment works is subject to an enforcement action; and (2) The corrective actions approved by the division would require the nonmunicipal domestic sewage treatment works to make an initial trust fund contribution. (e) The division shall not require an initial trust fund contribution fee if the design treatment capacity according to the National Pollutant Discharge Elimination System permit or the state permit is not increased. (iii) The annual trust fund contribution fee required by the division shall not exceed one thousand dollars ($1,000) per year for no-discharge permits or five thousand dollars ($5,000) per year for discharge permits. (iv) (a) Except as otherwise provided in this subsection, a nonmunicipal domestic sewage treatment works may apply for reimbursement for a maximum of fifty percent (50%) of the costs for capital expenditures necessary to maintain permit compliance made to the nonmunicipal domestic sewage treatment facility in the previous five (5) years if: (1) Funding is available and appropriated; and (2) The division has issued that nonmunicipal domestic sewage treatment facility's third permit renewal following its initial trust fund contribution. (b) Applications for reimbursement under this subdivision (b)(4)(B) shall include a statement certified by a professional engineer licensed by the State of Arkansas identifying the necessary capital costs expended. (v) Reimbursements from the Nonmunicipal Domestic Sewage Treatment Works Trust Fund are subject to the following restrictions: (a) Over the lifetime of a nonmunicipal domestic sewage treatment facility, the reimbursement to a nonmunicipal domestic sewage treatment works shall not exceed seventy-five percent (75%) of that nonmunicipal domestic sewage treatment facility's initial trust fund contribution fee; (b) If the Director of the Division of Environmental Quality determines that a nonmunicipal domestic sewage treatment works is in a state of chronic noncompliance, that nonmunicipal domestic sewage treatment works shall not receive reimbursement from the fund; and (c) The division shall reimburse a nonmunicipal domestic sewage treatment works based on a pro rata share of each submitted request compared to the total remaining funding available if there are insufficient moneys available in a fiscal year to make reimbursements for all submitted requests under this subsection after: (1) Deducting the moneys required to make payments to third-party contractors hired by the division from the fund; (2) Calculating the total remaining funding available; and (3) Allocating the moneys available for reimbursement to each applicant for reimbursement. (vi) The Arkansas Pollution Control and Ecology Commission may promulgate rules to implement this subsection.

(i) The division shall determine the required initial and annual trust fund contribution fees for each nonmunicipal domestic sewage treatment works based on each nonmunicipal domestic sewage treatment works' design treatment capacity according to the National Pollutant Discharge Elimination System permit or the state permit and existing and projected number of residential end users.

(ii) (a) The division shall require an initial trust fund contribution fee for each construction permit for a new nonmunicipal domestic sewage treatment works or any modification to an existing nonmunicipal domestic sewage treatment works resulting in an increase in design treatment capacity according to the National Pollutant Discharge Elimination System permit or the state permit. (b) The initial trust fund contribution fee required by the division for a new nonmunicipal domestic sewage treatment works is ten percent (10%) of the estimated cost of construction of the new nonmunicipal domestic sewage treatment works as certified by the engineer of record. (c) The initial trust fund contribution fee required by the division for modifications to existing nonmunicipal domestic sewage treatment works is ten percent (10%) of the estimated cost of construction for the modification of the nonmunicipal domestic sewage treatment works as certified by the engineer of record. (d) The division shall reduce the initial trust fund contribution fee if: (1) The nonmunicipal domestic sewage treatment works is subject to an enforcement action; and (2) The corrective actions approved by the division would require the nonmunicipal domestic sewage treatment works to make an initial trust fund contribution. (e) The division shall not require an initial trust fund contribution fee if the design treatment capacity according to the National Pollutant Discharge Elimination System permit or the state permit is not increased.

(a) The division shall require an initial trust fund contribution fee for each construction permit for a new nonmunicipal domestic sewage treatment works or any modification to an existing nonmunicipal domestic sewage treatment works resulting in an increase in design treatment capacity according to the National Pollutant Discharge Elimination System permit or the state permit.

(b) The initial trust fund contribution fee required by the division for a new nonmunicipal domestic sewage treatment works is ten percent (10%) of the estimated cost of construction of the new nonmunicipal domestic sewage treatment works as certified by the engineer of record.

(c) The initial trust fund contribution fee required by the division for modifications to existing nonmunicipal domestic sewage treatment works is ten percent (10%) of the estimated cost of construction for the modification of the nonmunicipal domestic sewage treatment works as certified by the engineer of record.

(d) The division shall reduce the initial trust fund contribution fee if: (1) The nonmunicipal domestic sewage treatment works is subject to an enforcement action; and (2) The corrective actions approved by the division would require the nonmunicipal domestic sewage treatment works to make an initial trust fund contribution.

(1) The nonmunicipal domestic sewage treatment works is subject to an enforcement action; and

(2) The corrective actions approved by the division would require the nonmunicipal domestic sewage treatment works to make an initial trust fund contribution.

(e) The division shall not require an initial trust fund contribution fee if the design treatment capacity according to the National Pollutant Discharge Elimination System permit or the state permit is not increased.

(iii) The annual trust fund contribution fee required by the division shall not exceed one thousand dollars ($1,000) per year for no-discharge permits or five thousand dollars ($5,000) per year for discharge permits.

(iv) (a) Except as otherwise provided in this subsection, a nonmunicipal domestic sewage treatment works may apply for reimbursement for a maximum of fifty percent (50%) of the costs for capital expenditures necessary to maintain permit compliance made to the nonmunicipal domestic sewage treatment facility in the previous five (5) years if: (1) Funding is available and appropriated; and (2) The division has issued that nonmunicipal domestic sewage treatment facility's third permit renewal following its initial trust fund contribution. (b) Applications for reimbursement under this subdivision (b)(4)(B) shall include a statement certified by a professional engineer licensed by the State of Arkansas identifying the necessary capital costs expended.

(a) Except as otherwise provided in this subsection, a nonmunicipal domestic sewage treatment works may apply for reimbursement for a maximum of fifty percent (50%) of the costs for capital expenditures necessary to maintain permit compliance made to the nonmunicipal domestic sewage treatment facility in the previous five (5) years if: (1) Funding is available and appropriated; and (2) The division has issued that nonmunicipal domestic sewage treatment facility's third permit renewal following its initial trust fund contribution.

(1) Funding is available and appropriated; and

(2) The division has issued that nonmunicipal domestic sewage treatment facility's third permit renewal following its initial trust fund contribution.

(b) Applications for reimbursement under this subdivision (b)(4)(B) shall include a statement certified by a professional engineer licensed by the State of Arkansas identifying the necessary capital costs expended.

(v) Reimbursements from the Nonmunicipal Domestic Sewage Treatment Works Trust Fund are subject to the following restrictions: (a) Over the lifetime of a nonmunicipal domestic sewage treatment facility, the reimbursement to a nonmunicipal domestic sewage treatment works shall not exceed seventy-five percent (75%) of that nonmunicipal domestic sewage treatment facility's initial trust fund contribution fee; (b) If the Director of the Division of Environmental Quality determines that a nonmunicipal domestic sewage treatment works is in a state of chronic noncompliance, that nonmunicipal domestic sewage treatment works shall not receive reimbursement from the fund; and (c) The division shall reimburse a nonmunicipal domestic sewage treatment works based on a pro rata share of each submitted request compared to the total remaining funding available if there are insufficient moneys available in a fiscal year to make reimbursements for all submitted requests under this subsection after: (1) Deducting the moneys required to make payments to third-party contractors hired by the division from the fund; (2) Calculating the total remaining funding available; and (3) Allocating the moneys available for reimbursement to each applicant for reimbursement.

(a) Over the lifetime of a nonmunicipal domestic sewage treatment facility, the reimbursement to a nonmunicipal domestic sewage treatment works shall not exceed seventy-five percent (75%) of that nonmunicipal domestic sewage treatment facility's initial trust fund contribution fee;

(b) If the Director of the Division of Environmental Quality determines that a nonmunicipal domestic sewage treatment works is in a state of chronic noncompliance, that nonmunicipal domestic sewage treatment works shall not receive reimbursement from the fund; and

(c) The division shall reimburse a nonmunicipal domestic sewage treatment works based on a pro rata share of each submitted request compared to the total remaining funding available if there are insufficient moneys available in a fiscal year to make reimbursements for all submitted requests under this subsection after: (1) Deducting the moneys required to make payments to third-party contractors hired by the division from the fund; (2) Calculating the total remaining funding available; and (3) Allocating the moneys available for reimbursement to each applicant for reimbursement.

(1) Deducting the moneys required to make payments to third-party contractors hired by the division from the fund;

(2) Calculating the total remaining funding available; and

(3) Allocating the moneys available for reimbursement to each applicant for reimbursement.

(vi) The Arkansas Pollution Control and Ecology Commission may promulgate rules to implement this subsection.

(C) The trust fund contribution fee required under this subdivision (b)(4): (i) May be collected in conjunction with any other permit fees; (ii) Shall be paid before a permit is issued or renewed; and (iii) Shall be deposited into the fund.

(i) May be collected in conjunction with any other permit fees;

(ii) Shall be paid before a permit is issued or renewed; and

(iii) Shall be deposited into the fund.

(D) If the total amount in the fund equals or exceeds two million one hundred thousand dollars ($2,100,000), additional trust fund contribution fees shall not be collected by the division until the total amount of the fund equals or is less than one million five hundred thousand dollars ($1,500,000), at which time the collection of required trust fund contribution fees shall resume.

(5) (A) A permittee is responsible for ensuring that the required trust fund contribution fee is received by the division by the due date determined by the division. (B) If the division does not timely receive the required trust fund contribution fees for a nonmunicipal domestic sewage treatment works, the division may initiate procedures to suspend or revoke the permit under which the nonmunicipal domestic sewage treatment works is operated. (C) A permit applicant's or permit transfer applicant's failure to pay the required trust fund contribution fee assessed by the division under this section is: (i) Grounds for denying the permit or the permit transfer; and (ii) A violation of this chapter and subjects the applicant to the penalties described in § 8-4-103 .

(A) A permittee is responsible for ensuring that the required trust fund contribution fee is received by the division by the due date determined by the division.

(B) If the division does not timely receive the required trust fund contribution fees for a nonmunicipal domestic sewage treatment works, the division may initiate procedures to suspend or revoke the permit under which the nonmunicipal domestic sewage treatment works is operated.

(C) A permit applicant's or permit transfer applicant's failure to pay the required trust fund contribution fee assessed by the division under this section is: (i) Grounds for denying the permit or the permit transfer; and (ii) A violation of this chapter and subjects the applicant to the penalties described in § 8-4-103 .

(i) Grounds for denying the permit or the permit transfer; and

(ii) A violation of this chapter and subjects the applicant to the penalties described in § 8-4-103 .

(6) Sanctions for violating this subsection may include without limitation civil penalties and suspension or revocation of a permit.

(7) The division may seek cost recovery from an owner or operator and reimbursement to the fund of any moneys expended under this section, including without limitation the institution of a civil action against the owner or operator.

(8) The division shall not directly operate or be responsible for the operation of a nonmunicipal domestic sewage treatment works.

(9) (A) The director or the director's designee may send a signed statement to each water service provider that serves all or a portion of the service area of a nonmunicipal domestic sewage treatment works certifying that the director finds that the nonmunicipal domestic sewage treatment works: (i) Is the subject of an enforcement action by the division; (ii) Has not complied with the requirements of this section, including payment of the nonmunicipal domestic sewage treatment works trust fund contribution; or (iii) Otherwise failed to comply with its permit. (B) The division shall include a legal description of the service area for the nonmunicipal domestic sewage treatment works with the signed statement under subdivision (b)(9)(A) of this section. (C) Upon receipt of a signed statement that includes a legal description of the service area for the nonmunicipal domestic sewage treatment works, the water service provider shall not establish new connections or initiate service to existing connections for water service in the service area of the nonmunicipal domestic sewage treatment works as defined by the legal description. (D) If the director or the director's designated representative finds that the nonmunicipal domestic sewage treatment works is no longer subject to an enforcement action or has remedied the noncompliance that formed the basis for the signed statement under subdivision (b)(9)(A) of this section, the director or the director's designated representative shall send a signed statement of the finding to each water service provider that received the prior statement. (E) Upon receipt of the signed statement required under subdivision (b)(9)(D) of this section, the water service provider may resume installation of new connections or resume initiation of service to existing connections for water service.

(A) The director or the director's designee may send a signed statement to each water service provider that serves all or a portion of the service area of a nonmunicipal domestic sewage treatment works certifying that the director finds that the nonmunicipal domestic sewage treatment works: (i) Is the subject of an enforcement action by the division; (ii) Has not complied with the requirements of this section, including payment of the nonmunicipal domestic sewage treatment works trust fund contribution; or (iii) Otherwise failed to comply with its permit.

(i) Is the subject of an enforcement action by the division;

(ii) Has not complied with the requirements of this section, including payment of the nonmunicipal domestic sewage treatment works trust fund contribution; or

(iii) Otherwise failed to comply with its permit.

(B) The division shall include a legal description of the service area for the nonmunicipal domestic sewage treatment works with the signed statement under subdivision (b)(9)(A) of this section.

(C) Upon receipt of a signed statement that includes a legal description of the service area for the nonmunicipal domestic sewage treatment works, the water service provider shall not establish new connections or initiate service to existing connections for water service in the service area of the nonmunicipal domestic sewage treatment works as defined by the legal description.

(D) If the director or the director's designated representative finds that the nonmunicipal domestic sewage treatment works is no longer subject to an enforcement action or has remedied the noncompliance that formed the basis for the signed statement under subdivision (b)(9)(A) of this section, the director or the director's designated representative shall send a signed statement of the finding to each water service provider that received the prior statement.

(E) Upon receipt of the signed statement required under subdivision (b)(9)(D) of this section, the water service provider may resume installation of new connections or resume initiation of service to existing connections for water service.

(c) (1) (A) (i) All facilities that engage in land application or storage of fluids generated or utilized during exploration or production phases of oil or gas operations shall be closed in a manner that ensures protection of human health and the environment. (ii) As used in this subsection, "land application or storage of fluids generated or utilized during exploration or production phases of oil or gas operations" means land farming through the controlled and repeated application of drilling fluids to a soil surface or the practice of receiving and storing said fluids from offsite for waste management. (iii) Surface facilities associated with Class II injection wells are specifically excluded from the requirements of this subsection. (iv) Land applications at the drilling or exploration site that are authorized under any general permit issued by the division are excluded from the requirements of this subsection. (B) By October 1, 2009, each existing permitted facility regulated under this subsection shall submit to the division the following: (i) A plan to close the permitted facility and make any site restoration deemed necessary by the division; (ii) A detailed cost estimate to close and restore the permitted facility that meets the requirements of this subsection and is approved by the division; and (iii) A financial mechanism that demonstrates to the division's satisfaction the permittee's financial ability to ensure adequate closure and any necessary restoration of the permitted facility in accordance with the requirements of this subsection. (C) The division shall not issue, modify, or renew a permit for facilities regulated under this subsection without the permit applicant first demonstrating to the division's satisfaction the applicant's financial ability to ensure adequate closure and any necessary restoration of the permitted facility in accordance with the requirements of this subsection. (D) (i) The amount of any financial assurance required under this subsection shall be equal to or greater than the detailed cost estimate for a third party to close the permitted facility in accordance with closure plans approved by the division. (ii) The detailed cost estimate shall be prepared by an independent professional consultant. (iii) On or before August 15 of each year, a permittee shall submit to the division for approval a detailed cost estimate to close and restore the permitted facility in accordance with closure plans that have been approved by the division. (E) (i) For new permits, the applicant shall submit to the division for approval a detailed cost estimate to close and restore the facility based on the proposed operation and capacity of the facility from the date the permit is issued through the following October 1. (ii) For renewal or modification applications, the permittee shall submit to the division for approval a detailed cost estimate to close and restore the permitted facility based on closure plans that have been approved by the division. (F) (i) For each permit, the financial assurance mechanism shall be renewed on October 1 of each year. (ii) For each permit, documentation that the required financial assurance mechanism has been renewed beginning October 1 of that year shall be received by the division by September 15 of each year or the division shall initiate procedures to: (a) Take possession of the funds guaranteed by the financial assurance mechanism; and (b) (1) Suspend or revoke the permit under which the facility is operated. (2) A permit shall remain suspended until a financial assurance mechanism is provided to the division in accordance with this subsection. (iii) The permittee is responsible for ensuring that documentation of annual renewal is received by the division by its due date. (2) The permittee or applicant shall demonstrate financial ability to adequately close or restore the land application or storage facility by: (A) Obtaining insurance that specifically covers closure and restoration costs; (B) Obtaining a letter of credit; (C) Obtaining a bond or other surety instrument; (D) Creating a trust fund or an escrow account; (E) Combining any of the instruments in subdivisions (c)(2)(A)-(D) of this section; or (F) Any other financial instrument approved by the director. (3) A financial instrument required by this subsection shall: (A) Be posted to the benefit of the division; (B) Provide that the financial instrument cannot be canceled without sixty (60) days' prior written notice addressed to the division's legal division chief as evidenced by a signed, certified mail with a return receipt request; and (C) Be reviewed by the division upon receipt of the cancellation notice to determine whether to initiate procedures to revoke or suspend the facility's permit and whether to initiate procedures to take possession of the funds guaranteed by the financial assurance mechanism. (4) Before the division may release a financial assurance mechanism, the division shall receive a certification by a professional engineer that the permitted facility has been closed and restored in accordance with closure plans that have been approved by the division. (5) The division is not responsible for the operation, closure, or restoration of a facility regulated under this subsection.

(1) (A) (i) All facilities that engage in land application or storage of fluids generated or utilized during exploration or production phases of oil or gas operations shall be closed in a manner that ensures protection of human health and the environment. (ii) As used in this subsection, "land application or storage of fluids generated or utilized during exploration or production phases of oil or gas operations" means land farming through the controlled and repeated application of drilling fluids to a soil surface or the practice of receiving and storing said fluids from offsite for waste management. (iii) Surface facilities associated with Class II injection wells are specifically excluded from the requirements of this subsection. (iv) Land applications at the drilling or exploration site that are authorized under any general permit issued by the division are excluded from the requirements of this subsection. (B) By October 1, 2009, each existing permitted facility regulated under this subsection shall submit to the division the following: (i) A plan to close the permitted facility and make any site restoration deemed necessary by the division; (ii) A detailed cost estimate to close and restore the permitted facility that meets the requirements of this subsection and is approved by the division; and (iii) A financial mechanism that demonstrates to the division's satisfaction the permittee's financial ability to ensure adequate closure and any necessary restoration of the permitted facility in accordance with the requirements of this subsection. (C) The division shall not issue, modify, or renew a permit for facilities regulated under this subsection without the permit applicant first demonstrating to the division's satisfaction the applicant's financial ability to ensure adequate closure and any necessary restoration of the permitted facility in accordance with the requirements of this subsection. (D) (i) The amount of any financial assurance required under this subsection shall be equal to or greater than the detailed cost estimate for a third party to close the permitted facility in accordance with closure plans approved by the division. (ii) The detailed cost estimate shall be prepared by an independent professional consultant. (iii) On or before August 15 of each year, a permittee shall submit to the division for approval a detailed cost estimate to close and restore the permitted facility in accordance with closure plans that have been approved by the division. (E) (i) For new permits, the applicant shall submit to the division for approval a detailed cost estimate to close and restore the facility based on the proposed operation and capacity of the facility from the date the permit is issued through the following October 1. (ii) For renewal or modification applications, the permittee shall submit to the division for approval a detailed cost estimate to close and restore the permitted facility based on closure plans that have been approved by the division. (F) (i) For each permit, the financial assurance mechanism shall be renewed on October 1 of each year. (ii) For each permit, documentation that the required financial assurance mechanism has been renewed beginning October 1 of that year shall be received by the division by September 15 of each year or the division shall initiate procedures to: (a) Take possession of the funds guaranteed by the financial assurance mechanism; and (b) (1) Suspend or revoke the permit under which the facility is operated. (2) A permit shall remain suspended until a financial assurance mechanism is provided to the division in accordance with this subsection. (iii) The permittee is responsible for ensuring that documentation of annual renewal is received by the division by its due date.

(A) (i) All facilities that engage in land application or storage of fluids generated or utilized during exploration or production phases of oil or gas operations shall be closed in a manner that ensures protection of human health and the environment. (ii) As used in this subsection, "land application or storage of fluids generated or utilized during exploration or production phases of oil or gas operations" means land farming through the controlled and repeated application of drilling fluids to a soil surface or the practice of receiving and storing said fluids from offsite for waste management. (iii) Surface facilities associated with Class II injection wells are specifically excluded from the requirements of this subsection. (iv) Land applications at the drilling or exploration site that are authorized under any general permit issued by the division are excluded from the requirements of this subsection.

(i) All facilities that engage in land application or storage of fluids generated or utilized during exploration or production phases of oil or gas operations shall be closed in a manner that ensures protection of human health and the environment.

(ii) As used in this subsection, "land application or storage of fluids generated or utilized during exploration or production phases of oil or gas operations" means land farming through the controlled and repeated application of drilling fluids to a soil surface or the practice of receiving and storing said fluids from offsite for waste management.

(iii) Surface facilities associated with Class II injection wells are specifically excluded from the requirements of this subsection.

(iv) Land applications at the drilling or exploration site that are authorized under any general permit issued by the division are excluded from the requirements of this subsection.

(B) By October 1, 2009, each existing permitted facility regulated under this subsection shall submit to the division the following: (i) A plan to close the permitted facility and make any site restoration deemed necessary by the division; (ii) A detailed cost estimate to close and restore the permitted facility that meets the requirements of this subsection and is approved by the division; and (iii) A financial mechanism that demonstrates to the division's satisfaction the permittee's financial ability to ensure adequate closure and any necessary restoration of the permitted facility in accordance with the requirements of this subsection.

(i) A plan to close the permitted facility and make any site restoration deemed necessary by the division;

(ii) A detailed cost estimate to close and restore the permitted facility that meets the requirements of this subsection and is approved by the division; and

(iii) A financial mechanism that demonstrates to the division's satisfaction the permittee's financial ability to ensure adequate closure and any necessary restoration of the permitted facility in accordance with the requirements of this subsection.

(C) The division shall not issue, modify, or renew a permit for facilities regulated under this subsection without the permit applicant first demonstrating to the division's satisfaction the applicant's financial ability to ensure adequate closure and any necessary restoration of the permitted facility in accordance with the requirements of this subsection.

(D) (i) The amount of any financial assurance required under this subsection shall be equal to or greater than the detailed cost estimate for a third party to close the permitted facility in accordance with closure plans approved by the division. (ii) The detailed cost estimate shall be prepared by an independent professional consultant. (iii) On or before August 15 of each year, a permittee shall submit to the division for approval a detailed cost estimate to close and restore the permitted facility in accordance with closure plans that have been approved by the division.

(i) The amount of any financial assurance required under this subsection shall be equal to or greater than the detailed cost estimate for a third party to close the permitted facility in accordance with closure plans approved by the division.

(ii) The detailed cost estimate shall be prepared by an independent professional consultant.

(iii) On or before August 15 of each year, a permittee shall submit to the division for approval a detailed cost estimate to close and restore the permitted facility in accordance with closure plans that have been approved by the division.

(E) (i) For new permits, the applicant shall submit to the division for approval a detailed cost estimate to close and restore the facility based on the proposed operation and capacity of the facility from the date the permit is issued through the following October 1. (ii) For renewal or modification applications, the permittee shall submit to the division for approval a detailed cost estimate to close and restore the permitted facility based on closure plans that have been approved by the division.

(i) For new permits, the applicant shall submit to the division for approval a detailed cost estimate to close and restore the facility based on the proposed operation and capacity of the facility from the date the permit is issued through the following October 1.

(ii) For renewal or modification applications, the permittee shall submit to the division for approval a detailed cost estimate to close and restore the permitted facility based on closure plans that have been approved by the division.

(F) (i) For each permit, the financial assurance mechanism shall be renewed on October 1 of each year. (ii) For each permit, documentation that the required financial assurance mechanism has been renewed beginning October 1 of that year shall be received by the division by September 15 of each year or the division shall initiate procedures to: (a) Take possession of the funds guaranteed by the financial assurance mechanism; and (b) (1) Suspend or revoke the permit under which the facility is operated. (2) A permit shall remain suspended until a financial assurance mechanism is provided to the division in accordance with this subsection. (iii) The permittee is responsible for ensuring that documentation of annual renewal is received by the division by its due date.

(i) For each permit, the financial assurance mechanism shall be renewed on October 1 of each year.

(ii) For each permit, documentation that the required financial assurance mechanism has been renewed beginning October 1 of that year shall be received by the division by September 15 of each year or the division shall initiate procedures to: (a) Take possession of the funds guaranteed by the financial assurance mechanism; and (b) (1) Suspend or revoke the permit under which the facility is operated. (2) A permit shall remain suspended until a financial assurance mechanism is provided to the division in accordance with this subsection.

(a) Take possession of the funds guaranteed by the financial assurance mechanism; and

(b) (1) Suspend or revoke the permit under which the facility is operated. (2) A permit shall remain suspended until a financial assurance mechanism is provided to the division in accordance with this subsection.

(1) Suspend or revoke the permit under which the facility is operated.

(2) A permit shall remain suspended until a financial assurance mechanism is provided to the division in accordance with this subsection.

(iii) The permittee is responsible for ensuring that documentation of annual renewal is received by the division by its due date.

(2) The permittee or applicant shall demonstrate financial ability to adequately close or restore the land application or storage facility by: (A) Obtaining insurance that specifically covers closure and restoration costs; (B) Obtaining a letter of credit; (C) Obtaining a bond or other surety instrument; (D) Creating a trust fund or an escrow account; (E) Combining any of the instruments in subdivisions (c)(2)(A)-(D) of this section; or (F) Any other financial instrument approved by the director.

(A) Obtaining insurance that specifically covers closure and restoration costs;

(B) Obtaining a letter of credit;

(C) Obtaining a bond or other surety instrument;

(D) Creating a trust fund or an escrow account;

(E) Combining any of the instruments in subdivisions (c)(2)(A)-(D) of this section; or

(F) Any other financial instrument approved by the director.

(3) A financial instrument required by this subsection shall: (A) Be posted to the benefit of the division; (B) Provide that the financial instrument cannot be canceled without sixty (60) days' prior written notice addressed to the division's legal division chief as evidenced by a signed, certified mail with a return receipt request; and (C) Be reviewed by the division upon receipt of the cancellation notice to determine whether to initiate procedures to revoke or suspend the facility's permit and whether to initiate procedures to take possession of the funds guaranteed by the financial assurance mechanism.

(A) Be posted to the benefit of the division;

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

(C) Be reviewed by the division upon receipt of the cancellation notice to determine whether to initiate procedures to revoke or suspend the facility's permit and whether to initiate procedures to take possession of the funds guaranteed by the financial assurance mechanism.

(4) Before the division may release a financial assurance mechanism, the division shall receive a certification by a professional engineer that the permitted facility has been closed and restored in accordance with closure plans that have been approved by the division.

(5) The division is not responsible for the operation, closure, or restoration of a facility regulated under this subsection.

(d) (1) When an application for the issuance of a new permit or a major modification of an existing permit is filed with the division, the division shall cause notice of the application to be published in a newspaper of general circulation in the county in which the proposed facility is to be located. (2) The notice required by subdivision (d)(1) of this section shall advise that any interested person may request a public hearing on the permit application by giving the division a written request within ten (10) days of the publication of the notice. (3) (A) If the division determines that a hearing is necessary or desires such a hearing, the division shall schedule a public hearing. (B) (i) If the division schedules a public hearing, the division shall notify the applicant and all persons who have submitted comments of the date, time, and place of the public hearing. (ii) The notice shall be provided using one (1) of the following methods based on the contact information available for the applicant or the person and the director's discretion: (a) First class mail; or (b) Email.

(1) When an application for the issuance of a new permit or a major modification of an existing permit is filed with the division, the division shall cause notice of the application to be published in a newspaper of general circulation in the county in which the proposed facility is to be located.

(2) The notice required by subdivision (d)(1) of this section shall advise that any interested person may request a public hearing on the permit application by giving the division a written request within ten (10) days of the publication of the notice.

(3) (A) If the division determines that a hearing is necessary or desires such a hearing, the division shall schedule a public hearing. (B) (i) If the division schedules a public hearing, the division shall notify the applicant and all persons who have submitted comments of the date, time, and place of the public hearing. (ii) The notice shall be provided using one (1) of the following methods based on the contact information available for the applicant or the person and the director's discretion: (a) First class mail; or (b) Email.

(A) If the division determines that a hearing is necessary or desires such a hearing, the division shall schedule a public hearing.

(B) (i) If the division schedules a public hearing, the division shall notify the applicant and all persons who have submitted comments of the date, time, and place of the public hearing. (ii) The notice shall be provided using one (1) of the following methods based on the contact information available for the applicant or the person and the director's discretion: (a) First class mail; or (b) Email.

(i) If the division schedules a public hearing, the division shall notify the applicant and all persons who have submitted comments of the date, time, and place of the public hearing.

(ii) The notice shall be provided using one (1) of the following methods based on the contact information available for the applicant or the person and the director's discretion: (a) First class mail; or (b) Email.

(a) First class mail; or

(b) Email.

(e) (1) (A) Whenever the division proposes to grant or deny any permit application, it shall cause notice of its proposed action to be published in either: (i) A newspaper of general circulation in the county in which the facility that is the subject of the application is located; or (ii) In the case of a statewide permit, in a newspaper of general circulation in the state. (B) The notice shall afford any interested party thirty (30) calendar days in which to submit comments on the proposed permit action. (C) (i) At the conclusion of the public comment period, the division shall provide a final written permitting decision regarding the permit application. (ii) The final written permitting decision shall be published on the division's website. (iii) The division shall provide the applicant the final permitting decision using one (1) of the following methods based on the contact information available and the director's discretion: (a) First class mail; or (b) Email. (iv) The division shall provide notice of the final permitting decision to all persons who have submitted comments using one (1) of the following methods based on the contact information available and the director's discretion: (a) First class mail; or (b) Email. (2) (A) (i) The division's final decision shall include a response to each issue raised in any public comments received during the public comment period. The response shall manifest reasoned consideration of the issues raised by the public comments and shall be supported by appropriate legal, scientific, or practical reasons for accepting or rejecting the substance of the comment in the division's permitting decision. (ii) For the purposes of this section, response to comments by the division should serve the roles of both developing the record for possible judicial review of an individual permitting action and as a record for the public's review of the division's technical and legal interpretations on long-range regulatory issues. (iii) Nothing in this section, however, shall be construed as limiting the division's authority to raise all relevant issues of regulatory concern upon adjudicatory review of the commission of a particular permitting action. (B) (i) In the case of any discharge limit, emission limit, environmental standard, analytical method, or monitoring requirements, the record of the proposed action and the response shall include a written explanation of the rationale for the proposal, demonstrating that any technical requirements or standards are based upon generally accepted scientific knowledge and engineering practices. (ii) For any standard or requirement that is identical to an applicable federal regulation or state rule, this demonstration may be satisfied by reference to the federal regulation or state rule. In all other cases, the division must provide its own justification with appropriate reference to the scientific and engineering literature or written studies conducted by the division.

(1) (A) Whenever the division proposes to grant or deny any permit application, it shall cause notice of its proposed action to be published in either: (i) A newspaper of general circulation in the county in which the facility that is the subject of the application is located; or (ii) In the case of a statewide permit, in a newspaper of general circulation in the state. (B) The notice shall afford any interested party thirty (30) calendar days in which to submit comments on the proposed permit action. (C) (i) At the conclusion of the public comment period, the division shall provide a final written permitting decision regarding the permit application. (ii) The final written permitting decision shall be published on the division's website. (iii) The division shall provide the applicant the final permitting decision using one (1) of the following methods based on the contact information available and the director's discretion: (a) First class mail; or (b) Email. (iv) The division shall provide notice of the final permitting decision to all persons who have submitted comments using one (1) of the following methods based on the contact information available and the director's discretion: (a) First class mail; or (b) Email.

(A) Whenever the division proposes to grant or deny any permit application, it shall cause notice of its proposed action to be published in either: (i) A newspaper of general circulation in the county in which the facility that is the subject of the application is located; or (ii) In the case of a statewide permit, in a newspaper of general circulation in the state.

(i) A newspaper of general circulation in the county in which the facility that is the subject of the application is located; or

(ii) In the case of a statewide permit, in a newspaper of general circulation in the state.

(B) The notice shall afford any interested party thirty (30) calendar days in which to submit comments on the proposed permit action.

(C) (i) At the conclusion of the public comment period, the division shall provide a final written permitting decision regarding the permit application. (ii) The final written permitting decision shall be published on the division's website. (iii) The division shall provide the applicant the final permitting decision using one (1) of the following methods based on the contact information available and the director's discretion: (a) First class mail; or (b) Email. (iv) The division shall provide notice of the final permitting decision to all persons who have submitted comments using one (1) of the following methods based on the contact information available and the director's discretion: (a) First class mail; or (b) Email.

(i) At the conclusion of the public comment period, the division shall provide a final written permitting decision regarding the permit application.

(ii) The final written permitting decision shall be published on the division's website.

(iii) The division shall provide the applicant the final permitting decision using one (1) of the following methods based on the contact information available and the director's discretion: (a) First class mail; or (b) Email.

(a) First class mail; or

(b) Email.

(iv) The division shall provide notice of the final permitting decision to all persons who have submitted comments using one (1) of the following methods based on the contact information available and the director's discretion: (a) First class mail; or (b) Email.

(a) First class mail; or

(b) Email.

(2) (A) (i) The division's final decision shall include a response to each issue raised in any public comments received during the public comment period. The response shall manifest reasoned consideration of the issues raised by the public comments and shall be supported by appropriate legal, scientific, or practical reasons for accepting or rejecting the substance of the comment in the division's permitting decision. (ii) For the purposes of this section, response to comments by the division should serve the roles of both developing the record for possible judicial review of an individual permitting action and as a record for the public's review of the division's technical and legal interpretations on long-range regulatory issues. (iii) Nothing in this section, however, shall be construed as limiting the division's authority to raise all relevant issues of regulatory concern upon adjudicatory review of the commission of a particular permitting action. (B) (i) In the case of any discharge limit, emission limit, environmental standard, analytical method, or monitoring requirements, the record of the proposed action and the response shall include a written explanation of the rationale for the proposal, demonstrating that any technical requirements or standards are based upon generally accepted scientific knowledge and engineering practices. (ii) For any standard or requirement that is identical to an applicable federal regulation or state rule, this demonstration may be satisfied by reference to the federal regulation or state rule. In all other cases, the division must provide its own justification with appropriate reference to the scientific and engineering literature or written studies conducted by the division.

(A) (i) The division's final decision shall include a response to each issue raised in any public comments received during the public comment period. The response shall manifest reasoned consideration of the issues raised by the public comments and shall be supported by appropriate legal, scientific, or practical reasons for accepting or rejecting the substance of the comment in the division's permitting decision. (ii) For the purposes of this section, response to comments by the division should serve the roles of both developing the record for possible judicial review of an individual permitting action and as a record for the public's review of the division's technical and legal interpretations on long-range regulatory issues. (iii) Nothing in this section, however, shall be construed as limiting the division's authority to raise all relevant issues of regulatory concern upon adjudicatory review of the commission of a particular permitting action.

(i) The division's final decision shall include a response to each issue raised in any public comments received during the public comment period. The response shall manifest reasoned consideration of the issues raised by the public comments and shall be supported by appropriate legal, scientific, or practical reasons for accepting or rejecting the substance of the comment in the division's permitting decision.

(ii) For the purposes of this section, response to comments by the division should serve the roles of both developing the record for possible judicial review of an individual permitting action and as a record for the public's review of the division's technical and legal interpretations on long-range regulatory issues.

(iii) Nothing in this section, however, shall be construed as limiting the division's authority to raise all relevant issues of regulatory concern upon adjudicatory review of the commission of a particular permitting action.

(B) (i) In the case of any discharge limit, emission limit, environmental standard, analytical method, or monitoring requirements, the record of the proposed action and the response shall include a written explanation of the rationale for the proposal, demonstrating that any technical requirements or standards are based upon generally accepted scientific knowledge and engineering practices. (ii) For any standard or requirement that is identical to an applicable federal regulation or state rule, this demonstration may be satisfied by reference to the federal regulation or state rule. In all other cases, the division must provide its own justification with appropriate reference to the scientific and engineering literature or written studies conducted by the division.

(i) In the case of any discharge limit, emission limit, environmental standard, analytical method, or monitoring requirements, the record of the proposed action and the response shall include a written explanation of the rationale for the proposal, demonstrating that any technical requirements or standards are based upon generally accepted scientific knowledge and engineering practices.

(ii) For any standard or requirement that is identical to an applicable federal regulation or state rule, this demonstration may be satisfied by reference to the federal regulation or state rule. In all other cases, the division must provide its own justification with appropriate reference to the scientific and engineering literature or written studies conducted by the division.

(f) (1) All costs of publication of notices of applications and notices of proposals to grant permits under this section shall be the responsibility of the applicant. (2) All costs of publication of notices of proposals to deny a permit under this section shall be the responsibility of the division. (3) Any moneys received under this subsection shall be classified as refunds to expenditures.

(1) All costs of publication of notices of applications and notices of proposals to grant permits under this section shall be the responsibility of the applicant.

(2) All costs of publication of notices of proposals to deny a permit under this section shall be the responsibility of the division.

(3) Any moneys received under this subsection shall be classified as refunds to expenditures.

(g) Only those persons that submit comments on the record during the public comment period and the applicant shall have standing to appeal the decision of the division to the commission.

(h) (1) Permits for the discharge of pollutants into the waters of the state or for the prevention of pollution of the waters of the state shall remain freely transferable if the applicant for the transfer: (A) Notifies the director at least thirty (30) days in advance of the proposed transfer date; (B) Submits a disclosure statement as required under § 8-1-106 ; (C) Provides any replacement financial assurance required under this section; and (D) Ensures that all past and currently due annual permit fees and the trust fund contribution fees for the nonmunicipal domestic sewage treatment works have been paid. (2) Only the reasons stated in § 8-1-103(4) , § 8-1-106(b)(1) , § 8-1-106(c) , and this section constitute grounds for denial of a transfer. (3) The permit is automatically transferred to the new permittee unless the director denies the request within thirty (30) days of the receipt of the disclosure statement.

(1) Permits for the discharge of pollutants into the waters of the state or for the prevention of pollution of the waters of the state shall remain freely transferable if the applicant for the transfer: (A) Notifies the director at least thirty (30) days in advance of the proposed transfer date; (B) Submits a disclosure statement as required under § 8-1-106 ; (C) Provides any replacement financial assurance required under this section; and (D) Ensures that all past and currently due annual permit fees and the trust fund contribution fees for the nonmunicipal domestic sewage treatment works have been paid.

(A) Notifies the director at least thirty (30) days in advance of the proposed transfer date;

(B) Submits a disclosure statement as required under § 8-1-106 ;

(C) Provides any replacement financial assurance required under this section; and

(D) Ensures that all past and currently due annual permit fees and the trust fund contribution fees for the nonmunicipal domestic sewage treatment works have been paid.

(2) Only the reasons stated in § 8-1-103(4) , § 8-1-106(b)(1) , § 8-1-106(c) , and this section constitute grounds for denial of a transfer.

(3) The permit is automatically transferred to the new permittee unless the director denies the request within thirty (30) days of the receipt of the disclosure statement.

(i) In the event of voluminous comments, including without limitation a petition, the division may require the designation of a representative to accept any notices required by this section.

(j) The notice provisions of subsections (d) and (e) of this section do not apply to permit transfers or minor modifications of existing permits.

(k) This section in no way restricts local and county government entities from enacting more stringent ordinances regulating nonmunicipal domestic treatment sewage systems in Arkansas.

(l) The commission may promulgate rules to establish a permit-by-rule. A permit-by-rule is subject to the public notice requirements and procedural provisions under § 8-4-202 et seq. but is not subject to the public notice requirements and procedural provisions under this section and §§ 8-4-204 and 8-4-205 .

(m) (1) (A) (i) The division may issue general permits under subsection (a) of this section. (ii) A general permit is a statewide permit for a category of facilities or sources that: (a) Involve the same or substantially similar types of operations or activities; (b) Discharge or release the same type of wastes or engage in the same type of disposal practices; (c) Require the same limitations, operating conditions, or standards; (d) Require the same or similar monitoring requirements; and (e) In the opinion of the director, may be regulated under a general permit. (B) (i) Facilities or sources eligible to construct or operate under a general permit may obtain coverage by submitting a notice of intent to the division. (ii) The director may require a person who has been granted coverage under a general permit to apply for and obtain an individual permit. (2) (A) A general permit is subject to the public notice requirements for statewide permits and the procedures under subsection (e) of this section. (B) The division shall pay the costs of publication of notice of a draft permitting decision to issue a general permit. (C) General permit coverage is not transferable unless the general permit provides for transfer. (3) (A) (i) Before the submittal to public comment of a general permit that has not been previously issued, the division shall consider the economic impact and environmental benefit of the general permit and its terms and conditions upon the people of the State of Arkansas, including those entities that may apply for coverage under the general permit. (ii) This requirement does not apply to general permits or terms or conditions that adopt the language of state laws or rules or federal statutes or regulations without substantive change. (B) If the terms and conditions of a previously issued general permit are revised upon renewal, the economic impact and environmental benefit of only the proposed changes shall be considered. (C) A general permit for which costs are specifically prohibited from being considered by state law or rule or federal law or regulation is exempt from the requirements of this subsection. (D) The division may rely upon readily available information for its consideration of the economic impact and environmental benefit of the general permit and its terms and conditions. (4) (A) Only those persons that submit comments on the record during the public comment period shall have standing to appeal the decision of the division to the commission. (B) The final permitting decision of the division on the general permit is subject to a hearing before the commission under §§ 8-4-205 , 8-4-212 , 8-4-213 , 8-4-214 , and the administrative procedures promulgated by the commission. (5) (A) (i) When a general permit includes an expiration date later than July 1, 2012, the Arkansas Department of Environmental Quality or the division shall publish the notice of intent to renew or not renew the general permit at least three hundred sixty-five (365) days before the expiration of the general permit. (ii) When a general permit includes an expiration date earlier than July 1, 2012, the Arkansas Department of Environmental Quality or the division shall publish the notice of intent to renew or not renew the general permit as soon as reasonably possible. (B) The Arkansas Department of Environmental Quality or the division shall publish its final permitting decision to renew or not renew the general permit at least one hundred eighty (180) days before the expiration date of the general permit. (C) If the general permit expires before the final decision to renew or not renew the general permit, the terms and conditions of the general permit shall remain in effect, and all persons who obtained coverage under the general permit before its expiration shall retain coverage under the general permit until there has been a final permit decision on the general permit. (D) In the event the Arkansas Department of Environmental Quality or the division makes a decision to not renew the general permit, existing coverage under the general permit shall continue under the terms of the expired permit until a final decision is reached for an individual permit. (6) (A) If a general permit is appealed and the general permit expires before the final decision by the director or by the commission to renew or not renew the general permit, the terms and conditions of the general permit shall remain in effect. (B) All persons who obtained coverage under the general permit before its expiration shall retain coverage under the general permit until there has been a final administrative decision on the general permit. (C) The director shall not approve new coverage under an expired general permit for any facility for which a notice of intent was not filed before expiration of the general permit.

(1) (A) (i) The division may issue general permits under subsection (a) of this section. (ii) A general permit is a statewide permit for a category of facilities or sources that: (a) Involve the same or substantially similar types of operations or activities; (b) Discharge or release the same type of wastes or engage in the same type of disposal practices; (c) Require the same limitations, operating conditions, or standards; (d) Require the same or similar monitoring requirements; and (e) In the opinion of the director, may be regulated under a general permit. (B) (i) Facilities or sources eligible to construct or operate under a general permit may obtain coverage by submitting a notice of intent to the division. (ii) The director may require a person who has been granted coverage under a general permit to apply for and obtain an individual permit.

(A) (i) The division may issue general permits under subsection (a) of this section. (ii) A general permit is a statewide permit for a category of facilities or sources that: (a) Involve the same or substantially similar types of operations or activities; (b) Discharge or release the same type of wastes or engage in the same type of disposal practices; (c) Require the same limitations, operating conditions, or standards; (d) Require the same or similar monitoring requirements; and (e) In the opinion of the director, may be regulated under a general permit.

(i) The division may issue general permits under subsection (a) of this section.

(ii) A general permit is a statewide permit for a category of facilities or sources that: (a) Involve the same or substantially similar types of operations or activities; (b) Discharge or release the same type of wastes or engage in the same type of disposal practices; (c) Require the same limitations, operating conditions, or standards; (d) Require the same or similar monitoring requirements; and (e) In the opinion of the director, may be regulated under a general permit.

(a) Involve the same or substantially similar types of operations or activities;

(b) Discharge or release the same type of wastes or engage in the same type of disposal practices;

(c) Require the same limitations, operating conditions, or standards;

(d) Require the same or similar monitoring requirements; and

(e) In the opinion of the director, may be regulated under a general permit.

(B) (i) Facilities or sources eligible to construct or operate under a general permit may obtain coverage by submitting a notice of intent to the division. (ii) The director may require a person who has been granted coverage under a general permit to apply for and obtain an individual permit.

(i) Facilities or sources eligible to construct or operate under a general permit may obtain coverage by submitting a notice of intent to the division.

(ii) The director may require a person who has been granted coverage under a general permit to apply for and obtain an individual permit.

(2) (A) A general permit is subject to the public notice requirements for statewide permits and the procedures under subsection (e) of this section. (B) The division shall pay the costs of publication of notice of a draft permitting decision to issue a general permit. (C) General permit coverage is not transferable unless the general permit provides for transfer.

(A) A general permit is subject to the public notice requirements for statewide permits and the procedures under subsection (e) of this section.

(B) The division shall pay the costs of publication of notice of a draft permitting decision to issue a general permit.

(C) General permit coverage is not transferable unless the general permit provides for transfer.

(3) (A) (i) Before the submittal to public comment of a general permit that has not been previously issued, the division shall consider the economic impact and environmental benefit of the general permit and its terms and conditions upon the people of the State of Arkansas, including those entities that may apply for coverage under the general permit. (ii) This requirement does not apply to general permits or terms or conditions that adopt the language of state laws or rules or federal statutes or regulations without substantive change. (B) If the terms and conditions of a previously issued general permit are revised upon renewal, the economic impact and environmental benefit of only the proposed changes shall be considered. (C) A general permit for which costs are specifically prohibited from being considered by state law or rule or federal law or regulation is exempt from the requirements of this subsection. (D) The division may rely upon readily available information for its consideration of the economic impact and environmental benefit of the general permit and its terms and conditions.

(A) (i) Before the submittal to public comment of a general permit that has not been previously issued, the division shall consider the economic impact and environmental benefit of the general permit and its terms and conditions upon the people of the State of Arkansas, including those entities that may apply for coverage under the general permit. (ii) This requirement does not apply to general permits or terms or conditions that adopt the language of state laws or rules or federal statutes or regulations without substantive change.

(i) Before the submittal to public comment of a general permit that has not been previously issued, the division shall consider the economic impact and environmental benefit of the general permit and its terms and conditions upon the people of the State of Arkansas, including those entities that may apply for coverage under the general permit.

(ii) This requirement does not apply to general permits or terms or conditions that adopt the language of state laws or rules or federal statutes or regulations without substantive change.

(B) If the terms and conditions of a previously issued general permit are revised upon renewal, the economic impact and environmental benefit of only the proposed changes shall be considered.

(C) A general permit for which costs are specifically prohibited from being considered by state law or rule or federal law or regulation is exempt from the requirements of this subsection.

(D) The division may rely upon readily available information for its consideration of the economic impact and environmental benefit of the general permit and its terms and conditions.

(4) (A) Only those persons that submit comments on the record during the public comment period shall have standing to appeal the decision of the division to the commission. (B) The final permitting decision of the division on the general permit is subject to a hearing before the commission under §§ 8-4-205 , 8-4-212 , 8-4-213 , 8-4-214 , and the administrative procedures promulgated by the commission.

(A) Only those persons that submit comments on the record during the public comment period shall have standing to appeal the decision of the division to the commission.

(B) The final permitting decision of the division on the general permit is subject to a hearing before the commission under §§ 8-4-205 , 8-4-212 , 8-4-213 , 8-4-214 , and the administrative procedures promulgated by the commission.

(5) (A) (i) When a general permit includes an expiration date later than July 1, 2012, the Arkansas Department of Environmental Quality or the division shall publish the notice of intent to renew or not renew the general permit at least three hundred sixty-five (365) days before the expiration of the general permit. (ii) When a general permit includes an expiration date earlier than July 1, 2012, the Arkansas Department of Environmental Quality or the division shall publish the notice of intent to renew or not renew the general permit as soon as reasonably possible. (B) The Arkansas Department of Environmental Quality or the division shall publish its final permitting decision to renew or not renew the general permit at least one hundred eighty (180) days before the expiration date of the general permit. (C) If the general permit expires before the final decision to renew or not renew the general permit, the terms and conditions of the general permit shall remain in effect, and all persons who obtained coverage under the general permit before its expiration shall retain coverage under the general permit until there has been a final permit decision on the general permit. (D) In the event the Arkansas Department of Environmental Quality or the division makes a decision to not renew the general permit, existing coverage under the general permit shall continue under the terms of the expired permit until a final decision is reached for an individual permit.

(A) (i) When a general permit includes an expiration date later than July 1, 2012, the Arkansas Department of Environmental Quality or the division shall publish the notice of intent to renew or not renew the general permit at least three hundred sixty-five (365) days before the expiration of the general permit. (ii) When a general permit includes an expiration date earlier than July 1, 2012, the Arkansas Department of Environmental Quality or the division shall publish the notice of intent to renew or not renew the general permit as soon as reasonably possible.

(i) When a general permit includes an expiration date later than July 1, 2012, the Arkansas Department of Environmental Quality or the division shall publish the notice of intent to renew or not renew the general permit at least three hundred sixty-five (365) days before the expiration of the general permit.

(ii) When a general permit includes an expiration date earlier than July 1, 2012, the Arkansas Department of Environmental Quality or the division shall publish the notice of intent to renew or not renew the general permit as soon as reasonably possible.

(B) The Arkansas Department of Environmental Quality or the division shall publish its final permitting decision to renew or not renew the general permit at least one hundred eighty (180) days before the expiration date of the general permit.

(C) If the general permit expires before the final decision to renew or not renew the general permit, the terms and conditions of the general permit shall remain in effect, and all persons who obtained coverage under the general permit before its expiration shall retain coverage under the general permit until there has been a final permit decision on the general permit.

(D) In the event the Arkansas Department of Environmental Quality or the division makes a decision to not renew the general permit, existing coverage under the general permit shall continue under the terms of the expired permit until a final decision is reached for an individual permit.

(6) (A) If a general permit is appealed and the general permit expires before the final decision by the director or by the commission to renew or not renew the general permit, the terms and conditions of the general permit shall remain in effect. (B) All persons who obtained coverage under the general permit before its expiration shall retain coverage under the general permit until there has been a final administrative decision on the general permit. (C) The director shall not approve new coverage under an expired general permit for any facility for which a notice of intent was not filed before expiration of the general permit.

(A) If a general permit is appealed and the general permit expires before the final decision by the director or by the commission to renew or not renew the general permit, the terms and conditions of the general permit shall remain in effect.

(B) All persons who obtained coverage under the general permit before its expiration shall retain coverage under the general permit until there has been a final administrative decision on the general permit.

(C) The director shall not approve new coverage under an expired general permit for any facility for which a notice of intent was not filed before expiration of the general permit.

(n) [Repealed.]

(o) [Repealed.]

Amended by Act 2023, No. 824,§ 1, eff. 8/1/2023.

Amended by Act 2023, No. 46,§ 2, eff. 8/1/2023.

Amended by Act 2023, No. 46,§ 1, eff. 8/1/2023.

Amended by Act 2021, No. 441,§ 1, eff. 3/24/2021.

Amended by Act 2019, No. 315,§ 470, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 469, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 468, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 467, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2487, eff. 7/1/2019.

Amended by Act 2018EX2, No. 10,§ 1, eff. 7/24/2019.

Amended by Act 2018EX2, No. 6,§ 1, eff. 7/24/2019.

Amended by Act 2017, No. 1057,§ 2, eff. 8/1/2017.

Amended by Act 2017, No. 1057,§ 1, eff. 8/1/2017.

Amended by Act 2017, No. 1037,§ 1, eff. 8/1/2017.

Amended by Act 2017, No. 987,§ 3, eff. 8/1/2017.

Amended by Act 2017, No. 987,§ 2, eff. 8/1/2017.

Amended by Act 2017, No. 987,§ 1, eff. 8/1/2017.

Amended by Act 2017, No. 501,§ 1, eff. 8/1/2017.

Amended by Act 2015, No. 575,§ 3, eff. 7/22/2015.

Amended by Act 2015, No. 575,§ 2, eff. 7/22/2015.

Amended by Act 2015, No. 94,§ 1, eff. 7/22/2015.

Amended by Act 2013, No. 1127,§ 2, eff. 8/16/2013.

Amended by Act 2013, No. 402,§ 2, eff. 8/16/2013.

Amended by Act 2013, No. 402,§ 1, eff. 8/16/2013.

Acts 1949, No. 472, [Part 1], § 3; 1961, No. 120, § 4; 1975, No. 743, § 4; 1979, No. 680, § 1; 1981, No. 826, § 1; A.S.A. 1947, § 82-1904; Acts 1993, No. 163, § 13; 1993, No. 165, § 13; 1995, No. 384, §§ 2, 3, 6-9; 1995, No. 895, § 2; 1997, No. 1219, § 5; 1997, No. 1312, § 1; 1999, No. 229, § 1; 1999, No. 1164, § 20; 2007, No. 832, § 1; 2007, No. 1005, § 2; 2009, No. 369, § 1; 2009, No. 409, § 1; 2011, No. 731, § 1.
Ark. Code Ann. § 8-1-106 — AR Code / Title 8 / Chapter 1 / Subchapter 1 / Section 8-1-106
Definitions - Disclosure statements - Denial of application - Appeal - Rules
Status: in_force

(a) As used in this section: (1) "Affiliated person" means: (A) Any officer, director, or partner of the applicant; (B) Any person employed by the applicant in a supervisory capacity over operations of the facility that is the subject of the application that may adversely impact the environment, or with discretionary authority over such operations; (C) Any person owning or controlling more than five percent (5%) of the applicant's debt or equity; and (D) Any person who is not now in compliance or has a history of noncompliance with the environmental laws, rules, or regulations of this state or any other jurisdiction and who through relationship by affinity or consanguinity or through any other relationship could be reasonably expected to significantly influence the applicant in a manner that could adversely affect the environment; (2) "Disclosure statement" means a written statement by the applicant that contains: (A) The full name and business address of the applicant and all affiliated persons; (B) The full name and business address of any legal entity in which the applicant holds a debt or equity interest of at least five percent (5%) or that is a parent company or subsidiary of the applicant, and a description of the ongoing organizational relationships as they may impact operations within the state; (C) A description of the experience and credentials of the applicant, including any past or present permits, licenses, certifications, or operational authorizations relating to environmental regulation; (D) A listing and explanation of any civil or criminal legal actions by government agencies involving environmental protection laws, rules, or regulations against the applicant and affiliated persons in the ten (10) years immediately preceding the filing of the application, including administrative enforcement actions resulting in the imposition of sanctions, permit or license revocations or denials issued by any state or federal authority, actions that have resulted in a finding or a settlement of a violation, and actions that are pending; (E) A listing of any federal environmental agency and any other environmental agency outside this state that has or has had regulatory responsibility over the applicant; and (F) Any other information the Director of the Division of Environmental Quality may require that relates to the competency, reliability, or responsibility of the applicant and affiliated persons; and (3) "History of noncompliance" means past operations by an applicant that clearly indicate a disregard for environmental regulation or a demonstrated pattern of prohibited conduct that could reasonably be expected to result in adverse environmental impact if a permit were issued. (b) (1) Except as provided in subdivisions (b)(2) and (4) of this section, all applicants for the issuance or transfer of any permit, license, certification, or operational authority issued by the Division of Environmental Quality shall file a disclosure statement with their applications. Deliberate falsification or omission of relevant information from disclosure statements shall be grounds for civil or criminal enforcement action or administrative denial of a permit, license, certification, or operational authorization. (2) The following persons or entities are not required to file a disclosure statement pursuant to this section: (A) (i) Governmental entities, consisting only of subdivisions or agencies of the United States Government, agencies of the state government, counties, municipalities, or duly authorized regional solid waste management boards as defined by § 8-6-702 . (ii) This exemption shall not extend to improvement districts or any other subdivision of government that is not specifically instituted by an act of the General Assembly; and (B) Applicants for a general permit to be issued by the division pursuant to its authority to implement the National Pollutant Discharge Elimination System for storm water discharge or any other person or entity the Arkansas Pollution Control and Ecology Commission may by rule exempt from the submissions of a disclosure statement. (3) Nothing in this subsection, including the exemptions in subdivision (b)(2) of this section, shall be construed as a limitation upon the authority of the director to deny a permit based upon a history of noncompliance to any applicant or for other just cause. (4) If the applicant is a publicly held company required to file periodic reports under the Securities Exchange Act of 1934 or a wholly owned subsidiary of a publicly held company, the applicant shall not be required to submit a disclosure statement, but shall submit the most recent annual and quarterly reports required by the United States Securities and Exchange Commission that provide information regarding legal proceedings in which the applicant has been involved. The applicant shall submit such other information as the director may require that relates to the competency, reliability, or responsibility of the applicant and affiliated persons. (5) For a person or an entity seeking a renewal of an expiring permit, license, certification, or operational authorization, the disclosure requirements of this section shall be met if the person or entity: (A) Discloses any change in previously submitted information or verifies that the previously submitted information remains accurate; and (B) Submits the information on forms developed by the division. (6) The Arkansas Pollution Control and Ecology Commission may adopt rules exempting certain permits, licenses, certifications, or operational authorizations from the disclosure requirements and establish reasonable and appropriate disclosure information, if any, required for specific types of permits, licenses, certifications, or operational authorizations based on: (A) The scope of a permit, license, certification, or operational authorization; and (B) The person or entity that would receive a permit, license, certification, or operational authorization. (c) The director may deny the issuance or transfer of any permit, license, certification, or operational authority if he or she finds, based upon the disclosure statement and other investigation which he or she deems appropriate, that: (1) The applicant has a history of noncompliance with the environmental laws, rules, or regulations of this state or any other jurisdiction; (2) An applicant that owns or operates other facilities in the state is not in substantial compliance with, or on a legally enforceable schedule that will result in compliance with, the environmental laws or rules of this state; or (3) A person with a history of noncompliance with the environmental laws, rules, or regulations of this state or any other jurisdiction is affiliated with the applicant to the extent of being capable of significantly influencing the practices or operations of the applicant that could have an impact upon the environment. (d) In reaching any decision pursuant to the requirements of this section, the director shall consider: (1) The potential danger to the environment and public health and safety if the applicant's proposed activity is not conducted in a competent and responsible manner; (2) The degree to which past and present activities in this state and other jurisdictions directly bear upon the reliability, competence, and responsibility of the applicant; and (3) Any evidence of rehabilitation following past violations or convictions. (e) Any person or legal entity aggrieved by a decision of the director under this section may appeal to the Arkansas Pollution Control and Ecology Commission through administrative procedures adopted by the Arkansas Pollution Control and Ecology Commission. (f) The Arkansas Pollution Control and Ecology Commission shall adopt rules necessary to implement this section. Amended by Act 2019, No. 315,§ 433, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 432, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 431, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 430, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 429, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2428, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2427, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2426, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2425, eff. 7/1/2019. Acts 1991, No. 454, § 1; 1993, No. 163, § 4; 1993, No. 165, § 4; 1993, No. 1052, § 1; 1995, No. 384, § 1; 1999, No. 1164, § 7; 2007, No. 1005, § 1; 2007, No. 1019, §§ 1, 2; 2009, No. 1199, §§ 1, 2; 2011, No. 222, § 1.

(a) As used in this section: (1) "Affiliated person" means: (A) Any officer, director, or partner of the applicant; (B) Any person employed by the applicant in a supervisory capacity over operations of the facility that is the subject of the application that may adversely impact the environment, or with discretionary authority over such operations; (C) Any person owning or controlling more than five percent (5%) of the applicant's debt or equity; and (D) Any person who is not now in compliance or has a history of noncompliance with the environmental laws, rules, or regulations of this state or any other jurisdiction and who through relationship by affinity or consanguinity or through any other relationship could be reasonably expected to significantly influence the applicant in a manner that could adversely affect the environment; (2) "Disclosure statement" means a written statement by the applicant that contains: (A) The full name and business address of the applicant and all affiliated persons; (B) The full name and business address of any legal entity in which the applicant holds a debt or equity interest of at least five percent (5%) or that is a parent company or subsidiary of the applicant, and a description of the ongoing organizational relationships as they may impact operations within the state; (C) A description of the experience and credentials of the applicant, including any past or present permits, licenses, certifications, or operational authorizations relating to environmental regulation; (D) A listing and explanation of any civil or criminal legal actions by government agencies involving environmental protection laws, rules, or regulations against the applicant and affiliated persons in the ten (10) years immediately preceding the filing of the application, including administrative enforcement actions resulting in the imposition of sanctions, permit or license revocations or denials issued by any state or federal authority, actions that have resulted in a finding or a settlement of a violation, and actions that are pending; (E) A listing of any federal environmental agency and any other environmental agency outside this state that has or has had regulatory responsibility over the applicant; and (F) Any other information the Director of the Division of Environmental Quality may require that relates to the competency, reliability, or responsibility of the applicant and affiliated persons; and (3) "History of noncompliance" means past operations by an applicant that clearly indicate a disregard for environmental regulation or a demonstrated pattern of prohibited conduct that could reasonably be expected to result in adverse environmental impact if a permit were issued.

(1) "Affiliated person" means: (A) Any officer, director, or partner of the applicant; (B) Any person employed by the applicant in a supervisory capacity over operations of the facility that is the subject of the application that may adversely impact the environment, or with discretionary authority over such operations; (C) Any person owning or controlling more than five percent (5%) of the applicant's debt or equity; and (D) Any person who is not now in compliance or has a history of noncompliance with the environmental laws, rules, or regulations of this state or any other jurisdiction and who through relationship by affinity or consanguinity or through any other relationship could be reasonably expected to significantly influence the applicant in a manner that could adversely affect the environment;

(A) Any officer, director, or partner of the applicant;

(B) Any person employed by the applicant in a supervisory capacity over operations of the facility that is the subject of the application that may adversely impact the environment, or with discretionary authority over such operations;

(C) Any person owning or controlling more than five percent (5%) of the applicant's debt or equity; and

(D) Any person who is not now in compliance or has a history of noncompliance with the environmental laws, rules, or regulations of this state or any other jurisdiction and who through relationship by affinity or consanguinity or through any other relationship could be reasonably expected to significantly influence the applicant in a manner that could adversely affect the environment;

(2) "Disclosure statement" means a written statement by the applicant that contains: (A) The full name and business address of the applicant and all affiliated persons; (B) The full name and business address of any legal entity in which the applicant holds a debt or equity interest of at least five percent (5%) or that is a parent company or subsidiary of the applicant, and a description of the ongoing organizational relationships as they may impact operations within the state; (C) A description of the experience and credentials of the applicant, including any past or present permits, licenses, certifications, or operational authorizations relating to environmental regulation; (D) A listing and explanation of any civil or criminal legal actions by government agencies involving environmental protection laws, rules, or regulations against the applicant and affiliated persons in the ten (10) years immediately preceding the filing of the application, including administrative enforcement actions resulting in the imposition of sanctions, permit or license revocations or denials issued by any state or federal authority, actions that have resulted in a finding or a settlement of a violation, and actions that are pending; (E) A listing of any federal environmental agency and any other environmental agency outside this state that has or has had regulatory responsibility over the applicant; and (F) Any other information the Director of the Division of Environmental Quality may require that relates to the competency, reliability, or responsibility of the applicant and affiliated persons; and

(A) The full name and business address of the applicant and all affiliated persons;

(B) The full name and business address of any legal entity in which the applicant holds a debt or equity interest of at least five percent (5%) or that is a parent company or subsidiary of the applicant, and a description of the ongoing organizational relationships as they may impact operations within the state;

(C) A description of the experience and credentials of the applicant, including any past or present permits, licenses, certifications, or operational authorizations relating to environmental regulation;

(D) A listing and explanation of any civil or criminal legal actions by government agencies involving environmental protection laws, rules, or regulations against the applicant and affiliated persons in the ten (10) years immediately preceding the filing of the application, including administrative enforcement actions resulting in the imposition of sanctions, permit or license revocations or denials issued by any state or federal authority, actions that have resulted in a finding or a settlement of a violation, and actions that are pending;

(E) A listing of any federal environmental agency and any other environmental agency outside this state that has or has had regulatory responsibility over the applicant; and

(F) Any other information the Director of the Division of Environmental Quality may require that relates to the competency, reliability, or responsibility of the applicant and affiliated persons; and

(3) "History of noncompliance" means past operations by an applicant that clearly indicate a disregard for environmental regulation or a demonstrated pattern of prohibited conduct that could reasonably be expected to result in adverse environmental impact if a permit were issued.

(b) (1) Except as provided in subdivisions (b)(2) and (4) of this section, all applicants for the issuance or transfer of any permit, license, certification, or operational authority issued by the Division of Environmental Quality shall file a disclosure statement with their applications. Deliberate falsification or omission of relevant information from disclosure statements shall be grounds for civil or criminal enforcement action or administrative denial of a permit, license, certification, or operational authorization. (2) The following persons or entities are not required to file a disclosure statement pursuant to this section: (A) (i) Governmental entities, consisting only of subdivisions or agencies of the United States Government, agencies of the state government, counties, municipalities, or duly authorized regional solid waste management boards as defined by § 8-6-702 . (ii) This exemption shall not extend to improvement districts or any other subdivision of government that is not specifically instituted by an act of the General Assembly; and (B) Applicants for a general permit to be issued by the division pursuant to its authority to implement the National Pollutant Discharge Elimination System for storm water discharge or any other person or entity the Arkansas Pollution Control and Ecology Commission may by rule exempt from the submissions of a disclosure statement. (3) Nothing in this subsection, including the exemptions in subdivision (b)(2) of this section, shall be construed as a limitation upon the authority of the director to deny a permit based upon a history of noncompliance to any applicant or for other just cause. (4) If the applicant is a publicly held company required to file periodic reports under the Securities Exchange Act of 1934 or a wholly owned subsidiary of a publicly held company, the applicant shall not be required to submit a disclosure statement, but shall submit the most recent annual and quarterly reports required by the United States Securities and Exchange Commission that provide information regarding legal proceedings in which the applicant has been involved. The applicant shall submit such other information as the director may require that relates to the competency, reliability, or responsibility of the applicant and affiliated persons. (5) For a person or an entity seeking a renewal of an expiring permit, license, certification, or operational authorization, the disclosure requirements of this section shall be met if the person or entity: (A) Discloses any change in previously submitted information or verifies that the previously submitted information remains accurate; and (B) Submits the information on forms developed by the division. (6) The Arkansas Pollution Control and Ecology Commission may adopt rules exempting certain permits, licenses, certifications, or operational authorizations from the disclosure requirements and establish reasonable and appropriate disclosure information, if any, required for specific types of permits, licenses, certifications, or operational authorizations based on: (A) The scope of a permit, license, certification, or operational authorization; and (B) The person or entity that would receive a permit, license, certification, or operational authorization.

(1) Except as provided in subdivisions (b)(2) and (4) of this section, all applicants for the issuance or transfer of any permit, license, certification, or operational authority issued by the Division of Environmental Quality shall file a disclosure statement with their applications. Deliberate falsification or omission of relevant information from disclosure statements shall be grounds for civil or criminal enforcement action or administrative denial of a permit, license, certification, or operational authorization.

(2) The following persons or entities are not required to file a disclosure statement pursuant to this section: (A) (i) Governmental entities, consisting only of subdivisions or agencies of the United States Government, agencies of the state government, counties, municipalities, or duly authorized regional solid waste management boards as defined by § 8-6-702 . (ii) This exemption shall not extend to improvement districts or any other subdivision of government that is not specifically instituted by an act of the General Assembly; and (B) Applicants for a general permit to be issued by the division pursuant to its authority to implement the National Pollutant Discharge Elimination System for storm water discharge or any other person or entity the Arkansas Pollution Control and Ecology Commission may by rule exempt from the submissions of a disclosure statement.

(A) (i) Governmental entities, consisting only of subdivisions or agencies of the United States Government, agencies of the state government, counties, municipalities, or duly authorized regional solid waste management boards as defined by § 8-6-702 . (ii) This exemption shall not extend to improvement districts or any other subdivision of government that is not specifically instituted by an act of the General Assembly; and

(i) Governmental entities, consisting only of subdivisions or agencies of the United States Government, agencies of the state government, counties, municipalities, or duly authorized regional solid waste management boards as defined by § 8-6-702 .

(ii) This exemption shall not extend to improvement districts or any other subdivision of government that is not specifically instituted by an act of the General Assembly; and

(B) Applicants for a general permit to be issued by the division pursuant to its authority to implement the National Pollutant Discharge Elimination System for storm water discharge or any other person or entity the Arkansas Pollution Control and Ecology Commission may by rule exempt from the submissions of a disclosure statement.

(3) Nothing in this subsection, including the exemptions in subdivision (b)(2) of this section, shall be construed as a limitation upon the authority of the director to deny a permit based upon a history of noncompliance to any applicant or for other just cause.

(4) If the applicant is a publicly held company required to file periodic reports under the Securities Exchange Act of 1934 or a wholly owned subsidiary of a publicly held company, the applicant shall not be required to submit a disclosure statement, but shall submit the most recent annual and quarterly reports required by the United States Securities and Exchange Commission that provide information regarding legal proceedings in which the applicant has been involved. The applicant shall submit such other information as the director may require that relates to the competency, reliability, or responsibility of the applicant and affiliated persons.

(5) For a person or an entity seeking a renewal of an expiring permit, license, certification, or operational authorization, the disclosure requirements of this section shall be met if the person or entity: (A) Discloses any change in previously submitted information or verifies that the previously submitted information remains accurate; and (B) Submits the information on forms developed by the division.

(A) Discloses any change in previously submitted information or verifies that the previously submitted information remains accurate; and

(B) Submits the information on forms developed by the division.

(6) The Arkansas Pollution Control and Ecology Commission may adopt rules exempting certain permits, licenses, certifications, or operational authorizations from the disclosure requirements and establish reasonable and appropriate disclosure information, if any, required for specific types of permits, licenses, certifications, or operational authorizations based on: (A) The scope of a permit, license, certification, or operational authorization; and (B) The person or entity that would receive a permit, license, certification, or operational authorization.

(A) The scope of a permit, license, certification, or operational authorization; and

(B) The person or entity that would receive a permit, license, certification, or operational authorization.

(c) The director may deny the issuance or transfer of any permit, license, certification, or operational authority if he or she finds, based upon the disclosure statement and other investigation which he or she deems appropriate, that: (1) The applicant has a history of noncompliance with the environmental laws, rules, or regulations of this state or any other jurisdiction; (2) An applicant that owns or operates other facilities in the state is not in substantial compliance with, or on a legally enforceable schedule that will result in compliance with, the environmental laws or rules of this state; or (3) A person with a history of noncompliance with the environmental laws, rules, or regulations of this state or any other jurisdiction is affiliated with the applicant to the extent of being capable of significantly influencing the practices or operations of the applicant that could have an impact upon the environment.

(1) The applicant has a history of noncompliance with the environmental laws, rules, or regulations of this state or any other jurisdiction;

(2) An applicant that owns or operates other facilities in the state is not in substantial compliance with, or on a legally enforceable schedule that will result in compliance with, the environmental laws or rules of this state; or

(3) A person with a history of noncompliance with the environmental laws, rules, or regulations of this state or any other jurisdiction is affiliated with the applicant to the extent of being capable of significantly influencing the practices or operations of the applicant that could have an impact upon the environment.

(d) In reaching any decision pursuant to the requirements of this section, the director shall consider: (1) The potential danger to the environment and public health and safety if the applicant's proposed activity is not conducted in a competent and responsible manner; (2) The degree to which past and present activities in this state and other jurisdictions directly bear upon the reliability, competence, and responsibility of the applicant; and (3) Any evidence of rehabilitation following past violations or convictions.

(1) The potential danger to the environment and public health and safety if the applicant's proposed activity is not conducted in a competent and responsible manner;

(2) The degree to which past and present activities in this state and other jurisdictions directly bear upon the reliability, competence, and responsibility of the applicant; and

(3) Any evidence of rehabilitation following past violations or convictions.

(e) Any person or legal entity aggrieved by a decision of the director under this section may appeal to the Arkansas Pollution Control and Ecology Commission through administrative procedures adopted by the Arkansas Pollution Control and Ecology Commission.

(f) The Arkansas Pollution Control and Ecology Commission shall adopt rules necessary to implement this section.

Amended by Act 2019, No. 315,§ 433, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 432, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 431, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 430, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 429, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2428, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2427, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2426, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2425, eff. 7/1/2019.

Acts 1991, No. 454, § 1; 1993, No. 163, § 4; 1993, No. 165, § 4; 1993, No. 1052, § 1; 1995, No. 384, § 1; 1999, No. 1164, § 7; 2007, No. 1005, § 1; 2007, No. 1019, §§ 1, 2; 2009, No. 1199, §§ 1, 2; 2011, No. 222, § 1.
Ark. Code Ann. § 8-6-814 — AR Code / Title 8 / Chapter 6 / Subchapter 8 / Section 8-6-814
Transfer of facilities to district by county or municipality
Status: in_force

Any municipality or county may acquire facilities for a project, or any portion thereof, including a project site, by gift, purchase, lease, or condemnation, and may transfer the facilities to the regional solid waste management district by sale, lease, or gift. The transfer may be authorized by ordinance of the governing body without regard to the requirements, restrictions, limitations, or other provisions contained in any other law. Acts 1991, No. 752, § 4.

Any municipality or county may acquire facilities for a project, or any portion thereof, including a project site, by gift, purchase, lease, or condemnation, and may transfer the facilities to the regional solid waste management district by sale, lease, or gift. The transfer may be authorized by ordinance of the governing body without regard to the requirements, restrictions, limitations, or other provisions contained in any other law.

Acts 1991, No. 752, § 4.
Ark. Code Ann. § 8-6-1801 — AR Code / Title 8 / Chapter 6 / Subchapter 18 / Section 8-6-1801
Management plan - Substitution
Status: in_force

If the Division of Environmental Quality requires a person to obtain an animal waste management plan, including a permit application, prepared by a professional engineer as defined in § 17-30-101 , the person may substitute a plan prepared under the supervision of a professional engineer employed by one (1) of the following agencies: (1) A conservation district; (2) The Arkansas Natural Resources Commission; (3) The United States Natural Resources Conservation Service; or (4) The University of Arkansas Cooperative Extension Service. Amended by Act 2019, No. 910,§ 2702, eff. 7/1/2019. Acts 1997, No. 415, § 1; 1999, No. 1164, § 88; 2011, No. 897, § 9.

If the Division of Environmental Quality requires a person to obtain an animal waste management plan, including a permit application, prepared by a professional engineer as defined in § 17-30-101 , the person may substitute a plan prepared under the supervision of a professional engineer employed by one (1) of the following agencies:

(1) A conservation district;

(2) The Arkansas Natural Resources Commission;

(3) The United States Natural Resources Conservation Service; or

(4) The University of Arkansas Cooperative Extension Service.

Amended by Act 2019, No. 910,§ 2702, eff. 7/1/2019.

Acts 1997, No. 415, § 1; 1999, No. 1164, § 88; 2011, No. 897, § 9.
Ark. Code Ann. § 8-9-701 — AR Code / Title 8 / Chapter 9 / Subchapter 7 / Section 8-9-701
[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. § 8-4-210 — AR Code / Title 8 / Chapter 4 / Subchapter 2 / Section 8-4-210
Investigations and hearings generally
Status: in_force

(a) The Arkansas Pollution Control and Ecology Commission is given and charged with the power and duty to conduct such investigations and hold such hearings as it may deem advisable and necessary for the discharge of its duties under this chapter and to authorize any member, employee, or agent appointed by it to conduct such investigations or hold such hearings. (b) In any such hearing or investigation, any member of the commission or any employee or agent thereto authorized by the commission may administer oaths, examine witnesses, and issue, in the name of the commission, subpoenas requiring the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearing or investigation. (c) Witnesses shall receive the same fees and mileage as in civil actions, to be paid out of funds appropriated to the commission. (d) (1) In case of contumacy or refusal to obey a subpoena issued under this section or refusal to testify, the circuit court of the county where the proceeding is pending or in which the person guilty of the contumacy or refusal to obey is found or resides shall have jurisdiction, upon application of the commission or its authorized member, employee, agent, or administrative law judge, to issue to the person an order requiring him or her to appear and testify or produce evidence, as the case may require. (2) A failure to obey the order of the court may be punished by the court as contempt. (e) In accordance with the powers set forth in subsections (a)-(d) of this section, the commission is authorized to conduct adjudicatory hearings providing an aggrieved person with standing a forum for contesting any decision of the Division of Environmental Quality. For the purposes of such hearings, the commission's jurisdiction shall be construed as including all regulatory programs vested with the division. Amended by Act 2019, No. 910,§ 2498, eff. 7/1/2019. Amended by Act 2015, No. 838,§ 5, eff. 7/22/2015. Acts 1949, No. 472, [Part 1], § 3; A.S.A. 1947, § 82-1904; Acts 1997, No. 1219, § 5.

(a) The Arkansas Pollution Control and Ecology Commission is given and charged with the power and duty to conduct such investigations and hold such hearings as it may deem advisable and necessary for the discharge of its duties under this chapter and to authorize any member, employee, or agent appointed by it to conduct such investigations or hold such hearings.

(b) In any such hearing or investigation, any member of the commission or any employee or agent thereto authorized by the commission may administer oaths, examine witnesses, and issue, in the name of the commission, subpoenas requiring the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearing or investigation.

(c) Witnesses shall receive the same fees and mileage as in civil actions, to be paid out of funds appropriated to the commission.

(d) (1) In case of contumacy or refusal to obey a subpoena issued under this section or refusal to testify, the circuit court of the county where the proceeding is pending or in which the person guilty of the contumacy or refusal to obey is found or resides shall have jurisdiction, upon application of the commission or its authorized member, employee, agent, or administrative law judge, to issue to the person an order requiring him or her to appear and testify or produce evidence, as the case may require. (2) A failure to obey the order of the court may be punished by the court as contempt.

(1) In case of contumacy or refusal to obey a subpoena issued under this section or refusal to testify, the circuit court of the county where the proceeding is pending or in which the person guilty of the contumacy or refusal to obey is found or resides shall have jurisdiction, upon application of the commission or its authorized member, employee, agent, or administrative law judge, to issue to the person an order requiring him or her to appear and testify or produce evidence, as the case may require.

(2) A failure to obey the order of the court may be punished by the court as contempt.

(e) In accordance with the powers set forth in subsections (a)-(d) of this section, the commission is authorized to conduct adjudicatory hearings providing an aggrieved person with standing a forum for contesting any decision of the Division of Environmental Quality. For the purposes of such hearings, the commission's jurisdiction shall be construed as including all regulatory programs vested with the division.

Amended by Act 2019, No. 910,§ 2498, eff. 7/1/2019.

Amended by Act 2015, No. 838,§ 5, eff. 7/22/2015.

Acts 1949, No. 472, [Part 1], § 3; A.S.A. 1947, § 82-1904; Acts 1997, No. 1219, § 5.