Ark. Code Ann. § 8-6-1206 — AR Code / Title 8 / Chapter 6 / Subchapter 12 / Section 8-6-1206
Adoption of disposal criteria - Incinerator ash
Status: in_force

(a) (1) On or before July 1, 1992, the Arkansas Pollution Control and Ecology Commission shall adopt criteria for the disposal of incinerator ash in landfills that are permitted under the Arkansas Solid Waste Management Act, § 8-6-201 et seq. (2) In adopting such criteria, the commission shall follow the procedures applicable to the adoption of rules under § 8-4-202(a) . (b) The criteria adopted by the commission shall include, but not be limited to, the monofilling of incinerator ash. (c) (1) The monofill requirement created under this subchapter does not apply if the owner or operator demonstrates to the Division of Environmental Quality that the incinerator ash to be disposed of in the Class 1 landfill is received from incinerators that only combust yard waste or other natural vegetative debris, including vegetative storm debris, tree trimmings, and land-clearing debris. (2) All other requirements adopted under this subchapter apply to the disposal of incinerator ash described in this subsection. (3) As used in this subsection, "other natural vegetative debris" does not include any solid waste that can be classified as industrial, commercial, or construction and demolition waste. Amended by Act 2019, No. 315,§ 574, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2688, eff. 7/1/2019. Acts 1991, No. 1183, § 6; 1992 (1st Ex. Sess.), No. 48, § 2; 2011, No. 342, § 1.

(a) (1) On or before July 1, 1992, the Arkansas Pollution Control and Ecology Commission shall adopt criteria for the disposal of incinerator ash in landfills that are permitted under the Arkansas Solid Waste Management Act, § 8-6-201 et seq. (2) In adopting such criteria, the commission shall follow the procedures applicable to the adoption of rules under § 8-4-202(a) .

(1) On or before July 1, 1992, the Arkansas Pollution Control and Ecology Commission shall adopt criteria for the disposal of incinerator ash in landfills that are permitted under the Arkansas Solid Waste Management Act, § 8-6-201 et seq.

(2) In adopting such criteria, the commission shall follow the procedures applicable to the adoption of rules under § 8-4-202(a) .

(b) The criteria adopted by the commission shall include, but not be limited to, the monofilling of incinerator ash.

(c) (1) The monofill requirement created under this subchapter does not apply if the owner or operator demonstrates to the Division of Environmental Quality that the incinerator ash to be disposed of in the Class 1 landfill is received from incinerators that only combust yard waste or other natural vegetative debris, including vegetative storm debris, tree trimmings, and land-clearing debris. (2) All other requirements adopted under this subchapter apply to the disposal of incinerator ash described in this subsection. (3) As used in this subsection, "other natural vegetative debris" does not include any solid waste that can be classified as industrial, commercial, or construction and demolition waste.

(1) The monofill requirement created under this subchapter does not apply if the owner or operator demonstrates to the Division of Environmental Quality that the incinerator ash to be disposed of in the Class 1 landfill is received from incinerators that only combust yard waste or other natural vegetative debris, including vegetative storm debris, tree trimmings, and land-clearing debris.

(2) All other requirements adopted under this subchapter apply to the disposal of incinerator ash described in this subsection.

(3) As used in this subsection, "other natural vegetative debris" does not include any solid waste that can be classified as industrial, commercial, or construction and demolition waste.

Amended by Act 2019, No. 315,§ 574, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2688, eff. 7/1/2019.

Acts 1991, No. 1183, § 6; 1992 (1st Ex. Sess.), No. 48, § 2; 2011, No. 342, § 1.
Ark. Code Ann. § 8-9-301 — AR Code / Title 8 / Chapter 9 / Subchapter 3 / Section 8-9-301
Definitions
Status: in_force

As used in this subchapter: (1) "Label" means a molded, imprinted, or raised symbol on or near the bottom of a plastic product; (2) "Lead-acid battery" means a battery with a core of elemental lead and a capacity of six volts (6v) or more; (3) "Plastic" means any material made of polymeric organic compounds and additives that can be shaped by flow; (4) "Plastic bottle" means a plastic container intended for single use that has a neck that is smaller than the body of the container, accepts a screw-type or snap cap, or other closure and has a capacity of sixteen fluid ounces (16 fl. ozs.) or more but less than five gallons (5 gals.); (5) "Rigid plastic container" means any formed or molded container other than a bottle, intended for single use, composed predominantly of plastic resin, and having a relatively inflexible finite shape or form with a capacity of eight ounces (8 ozs.) or more but less than five gallons (5 gals.); and (6) "Single use" means filled one (1) time. Acts 1991, No. 749, § 1; 1993, No. 579, § 1.

As used in this subchapter:

(1) "Label" means a molded, imprinted, or raised symbol on or near the bottom of a plastic product;

(2) "Lead-acid battery" means a battery with a core of elemental lead and a capacity of six volts (6v) or more;

(3) "Plastic" means any material made of polymeric organic compounds and additives that can be shaped by flow;

(4) "Plastic bottle" means a plastic container intended for single use that has a neck that is smaller than the body of the container, accepts a screw-type or snap cap, or other closure and has a capacity of sixteen fluid ounces (16 fl. ozs.) or more but less than five gallons (5 gals.);

(5) "Rigid plastic container" means any formed or molded container other than a bottle, intended for single use, composed predominantly of plastic resin, and having a relatively inflexible finite shape or form with a capacity of eight ounces (8 ozs.) or more but less than five gallons (5 gals.); and

(6) "Single use" means filled one (1) time.

Acts 1991, No. 749, § 1; 1993, No. 579, § 1.
Ark. Code Ann. § 8-6-210 — AR Code / Title 8 / Chapter 6 / Subchapter 2 / Section 8-6-210
Agreements authorized
Status: in_force

(a) Any two (2) or more municipalities, counties, or other public agencies may enter into agreements with one another for joint or cooperative action pursuant to a solid waste management system. (b) Any agreement shall specify the following: (1) Its duration; (2) The precise organization, composition, and nature of any separate legal or administrative entity created by the agreement, together with the powers delegated thereto, provided that the entity may be legally created; (3) Its purpose; (4) The manner of financing the joint or cooperative undertaking and of establishing and maintaining a budget, provided that the legal entity may incur indebtedness for the lease or purchase of land, equipment, and other expenses necessary to the operation of a solid waste management system, or any part of it; (5) The permissible methods to be employed in accomplishing the partial or complete termination of the agreement and for disposing of property upon the partial or complete termination; and (6) Any other necessary and proper matters. Acts 1971, No. 237, § 4; A.S.A. 1947, § 82-2704.

(a) Any two (2) or more municipalities, counties, or other public agencies may enter into agreements with one another for joint or cooperative action pursuant to a solid waste management system.

(b) Any agreement shall specify the following: (1) Its duration; (2) The precise organization, composition, and nature of any separate legal or administrative entity created by the agreement, together with the powers delegated thereto, provided that the entity may be legally created; (3) Its purpose; (4) The manner of financing the joint or cooperative undertaking and of establishing and maintaining a budget, provided that the legal entity may incur indebtedness for the lease or purchase of land, equipment, and other expenses necessary to the operation of a solid waste management system, or any part of it; (5) The permissible methods to be employed in accomplishing the partial or complete termination of the agreement and for disposing of property upon the partial or complete termination; and (6) Any other necessary and proper matters.

(1) Its duration;

(2) The precise organization, composition, and nature of any separate legal or administrative entity created by the agreement, together with the powers delegated thereto, provided that the entity may be legally created;

(3) Its purpose;

(4) The manner of financing the joint or cooperative undertaking and of establishing and maintaining a budget, provided that the legal entity may incur indebtedness for the lease or purchase of land, equipment, and other expenses necessary to the operation of a solid waste management system, or any part of it;

(5) The permissible methods to be employed in accomplishing the partial or complete termination of the agreement and for disposing of property upon the partial or complete termination; and

(6) Any other necessary and proper matters.

Acts 1971, No. 237, § 4; A.S.A. 1947, § 82-2704.
Ark. Code Ann. § 8-11-103 — AR Code / Title 8 / Chapter 11 / Section 8-11-103
Regulatory flexibility
Status: in_force

(a) (1) The Division of Environmental Quality, by order of the Director of the Division of Environmental Quality consistent with the purposes of this chapter, may approve requests which allow an applicant to use alternative methods to comply with an Arkansas Pollution Control and Ecology Commission rule regarding the control or abatement of pollution. (2) However, the applicant must propose to control or abate pollution by an alternative method, provided the alternative method is: (A) Quantifiable, measurable, and enforceable; (B) At least as protective of the environment and the public health as the method prescribed by the requirement or commission rule that would otherwise apply; and (C) Consistent with federal law. (b) As a part of the approval process, the director shall provide for public notice and for public participation in considering requests under this section. (c) The director's order must provide a specific description of the alternative method and must condition any approval on compliance with the method as the order prescribes. (d) The division may establish a reasonable fee for applications under this section. (e) A violation of an order issued under this section is punishable as if it were a violation of the previously effective means of compliance. Amended by Act 2019, No. 910,§ 3016, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3015, eff. 7/1/2019. Acts 1999, No. 500, § 1.

(a) (1) The Division of Environmental Quality, by order of the Director of the Division of Environmental Quality consistent with the purposes of this chapter, may approve requests which allow an applicant to use alternative methods to comply with an Arkansas Pollution Control and Ecology Commission rule regarding the control or abatement of pollution. (2) However, the applicant must propose to control or abate pollution by an alternative method, provided the alternative method is: (A) Quantifiable, measurable, and enforceable; (B) At least as protective of the environment and the public health as the method prescribed by the requirement or commission rule that would otherwise apply; and (C) Consistent with federal law.

(1) The Division of Environmental Quality, by order of the Director of the Division of Environmental Quality consistent with the purposes of this chapter, may approve requests which allow an applicant to use alternative methods to comply with an Arkansas Pollution Control and Ecology Commission rule regarding the control or abatement of pollution.

(2) However, the applicant must propose to control or abate pollution by an alternative method, provided the alternative method is: (A) Quantifiable, measurable, and enforceable; (B) At least as protective of the environment and the public health as the method prescribed by the requirement or commission rule that would otherwise apply; and (C) Consistent with federal law.

(A) Quantifiable, measurable, and enforceable;

(B) At least as protective of the environment and the public health as the method prescribed by the requirement or commission rule that would otherwise apply; and

(C) Consistent with federal law.

(b) As a part of the approval process, the director shall provide for public notice and for public participation in considering requests under this section.

(c) The director's order must provide a specific description of the alternative method and must condition any approval on compliance with the method as the order prescribes.

(d) The division may establish a reasonable fee for applications under this section.

(e) A violation of an order issued under this section is punishable as if it were a violation of the previously effective means of compliance.

Amended by Act 2019, No. 910,§ 3016, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3015, eff. 7/1/2019.

Acts 1999, No. 500, § 1.
Ark. Code Ann. § 8-4-206 — AR Code / Title 8 / Chapter 4 / Subchapter 2 / Section 8-4-206
State water pollution control agency - General authority
Status: in_force

(a) In addition to any other powers which it may have under this chapter or any other legislative act, the Division of Environmental Quality is authorized and empowered to act as the "state water pollution control agency" for the State of Arkansas for the purposes of the Federal Water Pollution Control Act Amendments of 1972. (b) As the state water pollution control agency, the division may, among other things, approve projects for the construction of disposal systems for the purposes of loans and grants from the United States Environmental Protection Agency or any other federal agency and may take any other action necessary or appropriate to secure for the state the benefits of the Federal Water Pollution Control Act, as amended. Amended by Act 2019, No. 910,§ 2491, eff. 7/1/2019. Acts 1949, No. 472, [Part 1], § 3; Acts 1973, No. 262, § 5; 1975, No. 743, § 5; A.S.A. 1947, § 82-1904; Acts 1999, No. 1164, § 23.

(a) In addition to any other powers which it may have under this chapter or any other legislative act, the Division of Environmental Quality is authorized and empowered to act as the "state water pollution control agency" for the State of Arkansas for the purposes of the Federal Water Pollution Control Act Amendments of 1972.

(b) As the state water pollution control agency, the division may, among other things, approve projects for the construction of disposal systems for the purposes of loans and grants from the United States Environmental Protection Agency or any other federal agency and may take any other action necessary or appropriate to secure for the state the benefits of the Federal Water Pollution Control Act, as amended.

Amended by Act 2019, No. 910,§ 2491, eff. 7/1/2019.

Acts 1949, No. 472, [Part 1], § 3; Acts 1973, No. 262, § 5; 1975, No. 743, § 5; A.S.A. 1947, § 82-1904; Acts 1999, No. 1164, § 23.
Ark. Code Ann. § 8-7-810 — AR Code / Title 8 / Chapter 7 / Subchapter 8 / Section 8-7-810
Insurance pools
Status: in_force

(a) Owners or operators of storage tanks who are unable to demonstrate financial responsibility in the minimum amounts specified by the Division of Environmental Quality may establish an insurance pool in order to demonstrate such financial responsibility. (b) (1) The formation and operation of an insurance pool under this section shall be subject to approval by the Insurance Commissioner, who shall, after notice and hearing, establish through rules a method for approval and monitoring of such insurance pools. (2) Such rules may include: (A) Provisions for periodic examinations of financial condition, including inspection of books, papers, accounts, and affairs of the plan; (B) Conditions for participation in the plan; (C) Minimum amounts of cash reserves and insurance coverage to be acquired; (D) Requirements for sound management of the plan; (E) Grounds for suspension or withdrawal of approval of the plan; and (F) Grounds for termination of the plan. Amended by Act 2019, No. 315,§ 659, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2799, eff. 7/1/2019. Acts 1989, No. 172, § 10.

(a) Owners or operators of storage tanks who are unable to demonstrate financial responsibility in the minimum amounts specified by the Division of Environmental Quality may establish an insurance pool in order to demonstrate such financial responsibility.

(b) (1) The formation and operation of an insurance pool under this section shall be subject to approval by the Insurance Commissioner, who shall, after notice and hearing, establish through rules a method for approval and monitoring of such insurance pools. (2) Such rules may include: (A) Provisions for periodic examinations of financial condition, including inspection of books, papers, accounts, and affairs of the plan; (B) Conditions for participation in the plan; (C) Minimum amounts of cash reserves and insurance coverage to be acquired; (D) Requirements for sound management of the plan; (E) Grounds for suspension or withdrawal of approval of the plan; and (F) Grounds for termination of the plan.

(1) The formation and operation of an insurance pool under this section shall be subject to approval by the Insurance Commissioner, who shall, after notice and hearing, establish through rules a method for approval and monitoring of such insurance pools.

(2) Such rules may include: (A) Provisions for periodic examinations of financial condition, including inspection of books, papers, accounts, and affairs of the plan; (B) Conditions for participation in the plan; (C) Minimum amounts of cash reserves and insurance coverage to be acquired; (D) Requirements for sound management of the plan; (E) Grounds for suspension or withdrawal of approval of the plan; and (F) Grounds for termination of the plan.

(A) Provisions for periodic examinations of financial condition, including inspection of books, papers, accounts, and affairs of the plan;

(B) Conditions for participation in the plan;

(C) Minimum amounts of cash reserves and insurance coverage to be acquired;

(D) Requirements for sound management of the plan;

(E) Grounds for suspension or withdrawal of approval of the plan; and

(F) Grounds for termination of the plan.

Amended by Act 2019, No. 315,§ 659, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2799, eff. 7/1/2019.

Acts 1989, No. 172, § 10.
Ark. Code Ann. § 8-4-215 — AR Code / Title 8 / Chapter 4 / Subchapter 2 / Section 8-4-215
Intergovernmental cooperation
Status: in_force

(a) The Division of Environmental Quality or its successor and the Arkansas Pollution Control and Ecology Commission, so far as it is not inconsistent with its duties under the laws of this state, may assist and cooperate with any agency of another state or the United States in any matter relating to water pollution control. (b) (1) The commission or the division may receive and accept money, property, or services from any person or from any agency described in subsection (a) of this section or from any other source for any water pollution control purpose within the scope of its functions under this chapter. (2) All moneys so received shall be used for the operation and activities of the commission or division and for no other purposes. (c) (1) The division or its successor may enter into agreements with the responsible authorities of the United States or other states, subject to approval by the Governor, relative to policies, methods, means, and procedures to be employed to control pollution of any interstate waters and may carry out these agreements by appropriate general and special orders. (2) (A) This power shall not be deemed to extend to the modification of any agreement with any other state concluded by direct legislative act. (B) However, unless otherwise provided, the division shall be the agency for the administration and enforcement of any such legislative agreement. Amended by Act 2019, No. 910,§ 2501, eff. 7/1/2019. Acts 1949, No. 472, [Part 1], § 6; 1973, No. 262, § 8; A.S.A. 1947, § 82-1907; Acts 1997, No. 1219, § 5; 1999, No. 1164, § 26.

(a) The Division of Environmental Quality or its successor and the Arkansas Pollution Control and Ecology Commission, so far as it is not inconsistent with its duties under the laws of this state, may assist and cooperate with any agency of another state or the United States in any matter relating to water pollution control.

(b) (1) The commission or the division may receive and accept money, property, or services from any person or from any agency described in subsection (a) of this section or from any other source for any water pollution control purpose within the scope of its functions under this chapter. (2) All moneys so received shall be used for the operation and activities of the commission or division and for no other purposes.

(1) The commission or the division may receive and accept money, property, or services from any person or from any agency described in subsection (a) of this section or from any other source for any water pollution control purpose within the scope of its functions under this chapter.

(2) All moneys so received shall be used for the operation and activities of the commission or division and for no other purposes.

(c) (1) The division or its successor may enter into agreements with the responsible authorities of the United States or other states, subject to approval by the Governor, relative to policies, methods, means, and procedures to be employed to control pollution of any interstate waters and may carry out these agreements by appropriate general and special orders. (2) (A) This power shall not be deemed to extend to the modification of any agreement with any other state concluded by direct legislative act. (B) However, unless otherwise provided, the division shall be the agency for the administration and enforcement of any such legislative agreement.

(1) The division or its successor may enter into agreements with the responsible authorities of the United States or other states, subject to approval by the Governor, relative to policies, methods, means, and procedures to be employed to control pollution of any interstate waters and may carry out these agreements by appropriate general and special orders.

(2) (A) This power shall not be deemed to extend to the modification of any agreement with any other state concluded by direct legislative act. (B) However, unless otherwise provided, the division shall be the agency for the administration and enforcement of any such legislative agreement.

(A) This power shall not be deemed to extend to the modification of any agreement with any other state concluded by direct legislative act.

(B) However, unless otherwise provided, the division shall be the agency for the administration and enforcement of any such legislative agreement.

Amended by Act 2019, No. 910,§ 2501, eff. 7/1/2019.

Acts 1949, No. 472, [Part 1], § 6; 1973, No. 262, § 8; A.S.A. 1947, § 82-1907; Acts 1997, No. 1219, § 5; 1999, No. 1164, § 26.
Ark. Code Ann. § 8-7-702 — AR Code / Title 8 / Chapter 7 / Subchapter 7 / Section 8-7-702
Definitions
Status: in_force

As used in this subchapter: (1) "Hazardous site" means any geographic area located, in whole or in part, in the State of Arkansas, access to or use of which is determined by the Division of Environmental Quality to be necessary or appropriate to implement a response ordered by the President of the United States; (2) (A) "Hazardous substance" means: (i) Any substance designated pursuant to § 311(b)(2)(A) of the Federal Water Pollution Control Act, 33 U.S.C. § 1321(b)(2)(A) ; (ii) Any element, compound, mixture, solution, or substance designated pursuant to § 102 of the Federal Water Pollution Control Act, 33 U.S.C. § 1252 ; (iii) Any hazardous waste having the characteristics identified under or listed pursuant to § 3001 of the Solid Waste Disposal Act, 42 U.S.C. § 6921 , but not including any waste the regulation of which under the Solid Waste Disposal Act has been suspended by act of the United States Congress; (iv) Any toxic pollutant listed under § 307(a) of the Federal Water Pollution Control Act, 33 U.S.C. § 1317(a) ; (v) Any hazardous air pollutant listed under § 112 of the Clean Air Act, 42 U.S.C. § 7412 ; and (vi) Any imminently hazardous chemical substance or mixture with respect to which the administrator has taken action pursuant to § 7 of the Toxic Substances Control Act, 15 U.S.C. § 2606 . (B) "Hazardous substance" does not include petroleum, including crude oil or any fraction thereof which is not otherwise specifically listed or designated as a hazardous substance under subdivisions (2)(A)(i)-(vi) of this section. (C) "Hazardous substance" does not include natural gas, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel, or mixtures of natural gas and such synthetic gas; (3) "Passive-site owner" means any person or entity owning any interest in any portion of a hazardous site, whether as owner, joint tenant, lessee, mortgagee, licensee, easement holder, mineral owner, or otherwise, and who has not entered into an agreement pursuant to 42 U.S.C. § 9622 for that hazardous site; (4) "Response costs" means all amounts of removal or remedial action, including any costs and expenses incurred as a result of contractor delays, and other necessary amounts, including attorney's fees and expenses reasonably incurred by any entity, including, but not limited to, the United States, the State of Arkansas, the governments of any other states, corporations, partnerships, and private citizens to investigate and secure a response action at a hazardous site; and (5) "Settling party" means any person who has entered into an agreement with the United States pursuant to 42 U.S.C. § 9622 . Amended by Act 2019, No. 910,§ 2777, eff. 7/1/2019. Acts 1989, No. 350, § 2; 1999, No. 1164, § 102.

As used in this subchapter:

(1) "Hazardous site" means any geographic area located, in whole or in part, in the State of Arkansas, access to or use of which is determined by the Division of Environmental Quality to be necessary or appropriate to implement a response ordered by the President of the United States;

(2) (A) "Hazardous substance" means: (i) Any substance designated pursuant to § 311(b)(2)(A) of the Federal Water Pollution Control Act, 33 U.S.C. § 1321(b)(2)(A) ; (ii) Any element, compound, mixture, solution, or substance designated pursuant to § 102 of the Federal Water Pollution Control Act, 33 U.S.C. § 1252 ; (iii) Any hazardous waste having the characteristics identified under or listed pursuant to § 3001 of the Solid Waste Disposal Act, 42 U.S.C. § 6921 , but not including any waste the regulation of which under the Solid Waste Disposal Act has been suspended by act of the United States Congress; (iv) Any toxic pollutant listed under § 307(a) of the Federal Water Pollution Control Act, 33 U.S.C. § 1317(a) ; (v) Any hazardous air pollutant listed under § 112 of the Clean Air Act, 42 U.S.C. § 7412 ; and (vi) Any imminently hazardous chemical substance or mixture with respect to which the administrator has taken action pursuant to § 7 of the Toxic Substances Control Act, 15 U.S.C. § 2606 . (B) "Hazardous substance" does not include petroleum, including crude oil or any fraction thereof which is not otherwise specifically listed or designated as a hazardous substance under subdivisions (2)(A)(i)-(vi) of this section. (C) "Hazardous substance" does not include natural gas, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel, or mixtures of natural gas and such synthetic gas;

(A) "Hazardous substance" means: (i) Any substance designated pursuant to § 311(b)(2)(A) of the Federal Water Pollution Control Act, 33 U.S.C. § 1321(b)(2)(A) ; (ii) Any element, compound, mixture, solution, or substance designated pursuant to § 102 of the Federal Water Pollution Control Act, 33 U.S.C. § 1252 ; (iii) Any hazardous waste having the characteristics identified under or listed pursuant to § 3001 of the Solid Waste Disposal Act, 42 U.S.C. § 6921 , but not including any waste the regulation of which under the Solid Waste Disposal Act has been suspended by act of the United States Congress; (iv) Any toxic pollutant listed under § 307(a) of the Federal Water Pollution Control Act, 33 U.S.C. § 1317(a) ; (v) Any hazardous air pollutant listed under § 112 of the Clean Air Act, 42 U.S.C. § 7412 ; and (vi) Any imminently hazardous chemical substance or mixture with respect to which the administrator has taken action pursuant to § 7 of the Toxic Substances Control Act, 15 U.S.C. § 2606 .

(i) Any substance designated pursuant to § 311(b)(2)(A) of the Federal Water Pollution Control Act, 33 U.S.C. § 1321(b)(2)(A) ;

(ii) Any element, compound, mixture, solution, or substance designated pursuant to § 102 of the Federal Water Pollution Control Act, 33 U.S.C. § 1252 ;

(iii) Any hazardous waste having the characteristics identified under or listed pursuant to § 3001 of the Solid Waste Disposal Act, 42 U.S.C. § 6921 , but not including any waste the regulation of which under the Solid Waste Disposal Act has been suspended by act of the United States Congress;

(iv) Any toxic pollutant listed under § 307(a) of the Federal Water Pollution Control Act, 33 U.S.C. § 1317(a) ;

(v) Any hazardous air pollutant listed under § 112 of the Clean Air Act, 42 U.S.C. § 7412 ; and

(vi) Any imminently hazardous chemical substance or mixture with respect to which the administrator has taken action pursuant to § 7 of the Toxic Substances Control Act, 15 U.S.C. § 2606 .

(B) "Hazardous substance" does not include petroleum, including crude oil or any fraction thereof which is not otherwise specifically listed or designated as a hazardous substance under subdivisions (2)(A)(i)-(vi) of this section.

(C) "Hazardous substance" does not include natural gas, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel, or mixtures of natural gas and such synthetic gas;

(3) "Passive-site owner" means any person or entity owning any interest in any portion of a hazardous site, whether as owner, joint tenant, lessee, mortgagee, licensee, easement holder, mineral owner, or otherwise, and who has not entered into an agreement pursuant to 42 U.S.C. § 9622 for that hazardous site;

(4) "Response costs" means all amounts of removal or remedial action, including any costs and expenses incurred as a result of contractor delays, and other necessary amounts, including attorney's fees and expenses reasonably incurred by any entity, including, but not limited to, the United States, the State of Arkansas, the governments of any other states, corporations, partnerships, and private citizens to investigate and secure a response action at a hazardous site; and

(5) "Settling party" means any person who has entered into an agreement with the United States pursuant to 42 U.S.C. § 9622 .

Amended by Act 2019, No. 910,§ 2777, eff. 7/1/2019.

Acts 1989, No. 350, § 2; 1999, No. 1164, § 102.
Ark. Code Ann. § 8-7-508 — AR Code / Title 8 / Chapter 7 / Subchapter 5 / Section 8-7-508
Remedial and removal authority of the division
Status: in_force

(a) (1) Upon finding that a hazardous substance site exists or may exist, the Division of Environmental Quality, upon reasonable notice and after opportunity for hearing, may issue an order to any person liable for the site under § 8-7-512 if that person has caused or contributed to the release or threatened release of hazardous substances at the hazardous substance site. This order shall require that such remedial actions be taken as are necessary to investigate, control, prevent, abate, treat, or contain any releases or threatened releases of hazardous substances from the hazardous substance site. (2) The fact that such a hazardous substance site is or is not listed by the Arkansas Pollution Control and Ecology Commission pursuant to § 8-7-509(f) shall in no manner limit the authority of the division under this subchapter. (b) The Director of the Division of Environmental Quality or any employee or authorized agent of the division may enter upon any private or public property for the purpose of collecting information under this subchapter and for initiating and implementing remedial actions. (c) The director is authorized to initiate and implement remedial actions under this subchapter pursuant to the provisions of § 8-7-509 . (d) In taking removal action or remedial actions pursuant to this subchapter, the division or any contractor of the division under this section shall not be required to obtain any state or local permit for the portion of any removal action or remedial action conducted pursuant to this subchapter entirely on site when the removal action or remedial action is otherwise carried out in compliance with the rules of the division. (e) The director is authorized to initiate and implement removal actions under this subchapter whenever there is a release or a threatened release of hazardous substances which may present an imminent and substantial endangerment to the public health, safety, or welfare or to the environment. (f) Whenever the director has reason to believe that a release or threatened release of hazardous substances may present an imminent and substantial endangerment to the public health, safety, or welfare or to the environment, the director and the employees and the authorized representatives of the division shall have the right to enter upon any affected private or public property for the purpose of collecting information and for initiating and implementing appropriate removal or remedial actions. (g) Removal actions are not authorized when the director has reasonable assurance that the person liable for a release or threatened release has committed to and is capable of initiating corrective and removal action in a timely manner and that the actions will achieve results equivalent to the results from removal action authorized in this section. (h) Upon finding that a release or a threatened release of hazardous substances may present an imminent and substantial endangerment to the public health, safety, or welfare or to the environment, the director, without notice or hearing, may issue an order reciting the existence of such an imminent hazard and substantial endangerment and requiring that such removal actions be taken as he or she determines necessary to protect the health and safety of any affected or threatened persons or the environment and to otherwise meet the emergency. (i) The order of the director issued under subsection (h) of this section may include, but is not limited to, requiring any person responsible in whole or in part for the release or threatened release or any person in total or partial control of the site, facility, or transport vehicle from which the release or threatened release emanates, if that person has caused or contributed to the release or threatened release, to take such steps as are necessary to protect the public health and safety and the environment. (j) The director is not authorized to expend in excess of two hundred fifty thousand dollars ($250,000) on any single removal action without approval of the commission. (k) (1) The orders issued under subsection (h) of this section may be issued verbally or in writing. (2) If originally issued verbally, a written order shall be issued by the director confirming the verbal order as soon as it is reasonably possible to do so. (l) Any person to whom an order issued under subsection (h) of this section is directed shall comply with the order immediately but, upon written request to the commission within ten (10) days of the order's being issued by the director, shall be afforded a hearing and administrative review of the order within ten (10) days after filing the written request. (m) A person shall not be deemed to be liable for, responsible for, or to have caused or contributed to the release or threatened release of hazardous substances pursuant to any provision of this subchapter if the person merely provides financing or loans to another person or obtains title to property through foreclosure or through conveyance of property in total or partial satisfaction of a mortgage or other security interest in property. Amended by Act 2019, No. 315,§ 633, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2757, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2756, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2755, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2754, eff. 7/1/2019. Acts 1985, No. 479, § 6; A.S.A. 1947, § 82-4717; Acts 1987, No. 761, § 3; 1989, No. 260, § 4; 2005, No. 1824, § 9.

(a) (1) Upon finding that a hazardous substance site exists or may exist, the Division of Environmental Quality, upon reasonable notice and after opportunity for hearing, may issue an order to any person liable for the site under § 8-7-512 if that person has caused or contributed to the release or threatened release of hazardous substances at the hazardous substance site. This order shall require that such remedial actions be taken as are necessary to investigate, control, prevent, abate, treat, or contain any releases or threatened releases of hazardous substances from the hazardous substance site. (2) The fact that such a hazardous substance site is or is not listed by the Arkansas Pollution Control and Ecology Commission pursuant to § 8-7-509(f) shall in no manner limit the authority of the division under this subchapter.

(1) Upon finding that a hazardous substance site exists or may exist, the Division of Environmental Quality, upon reasonable notice and after opportunity for hearing, may issue an order to any person liable for the site under § 8-7-512 if that person has caused or contributed to the release or threatened release of hazardous substances at the hazardous substance site. This order shall require that such remedial actions be taken as are necessary to investigate, control, prevent, abate, treat, or contain any releases or threatened releases of hazardous substances from the hazardous substance site.

(2) The fact that such a hazardous substance site is or is not listed by the Arkansas Pollution Control and Ecology Commission pursuant to § 8-7-509(f) shall in no manner limit the authority of the division under this subchapter.

(b) The Director of the Division of Environmental Quality or any employee or authorized agent of the division may enter upon any private or public property for the purpose of collecting information under this subchapter and for initiating and implementing remedial actions.

(c) The director is authorized to initiate and implement remedial actions under this subchapter pursuant to the provisions of § 8-7-509 .

(d) In taking removal action or remedial actions pursuant to this subchapter, the division or any contractor of the division under this section shall not be required to obtain any state or local permit for the portion of any removal action or remedial action conducted pursuant to this subchapter entirely on site when the removal action or remedial action is otherwise carried out in compliance with the rules of the division.

(e) The director is authorized to initiate and implement removal actions under this subchapter whenever there is a release or a threatened release of hazardous substances which may present an imminent and substantial endangerment to the public health, safety, or welfare or to the environment.

(f) Whenever the director has reason to believe that a release or threatened release of hazardous substances may present an imminent and substantial endangerment to the public health, safety, or welfare or to the environment, the director and the employees and the authorized representatives of the division shall have the right to enter upon any affected private or public property for the purpose of collecting information and for initiating and implementing appropriate removal or remedial actions.

(g) Removal actions are not authorized when the director has reasonable assurance that the person liable for a release or threatened release has committed to and is capable of initiating corrective and removal action in a timely manner and that the actions will achieve results equivalent to the results from removal action authorized in this section.

(h) Upon finding that a release or a threatened release of hazardous substances may present an imminent and substantial endangerment to the public health, safety, or welfare or to the environment, the director, without notice or hearing, may issue an order reciting the existence of such an imminent hazard and substantial endangerment and requiring that such removal actions be taken as he or she determines necessary to protect the health and safety of any affected or threatened persons or the environment and to otherwise meet the emergency.

(i) The order of the director issued under subsection (h) of this section may include, but is not limited to, requiring any person responsible in whole or in part for the release or threatened release or any person in total or partial control of the site, facility, or transport vehicle from which the release or threatened release emanates, if that person has caused or contributed to the release or threatened release, to take such steps as are necessary to protect the public health and safety and the environment.

(j) The director is not authorized to expend in excess of two hundred fifty thousand dollars ($250,000) on any single removal action without approval of the commission.

(k) (1) The orders issued under subsection (h) of this section may be issued verbally or in writing. (2) If originally issued verbally, a written order shall be issued by the director confirming the verbal order as soon as it is reasonably possible to do so.

(1) The orders issued under subsection (h) of this section may be issued verbally or in writing.

(2) If originally issued verbally, a written order shall be issued by the director confirming the verbal order as soon as it is reasonably possible to do so.

(l) Any person to whom an order issued under subsection (h) of this section is directed shall comply with the order immediately but, upon written request to the commission within ten (10) days of the order's being issued by the director, shall be afforded a hearing and administrative review of the order within ten (10) days after filing the written request.

(m) A person shall not be deemed to be liable for, responsible for, or to have caused or contributed to the release or threatened release of hazardous substances pursuant to any provision of this subchapter if the person merely provides financing or loans to another person or obtains title to property through foreclosure or through conveyance of property in total or partial satisfaction of a mortgage or other security interest in property.

Amended by Act 2019, No. 315,§ 633, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2757, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2756, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2755, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2754, eff. 7/1/2019.

Acts 1985, No. 479, § 6; A.S.A. 1947, § 82-4717; Acts 1987, No. 761, § 3; 1989, No. 260, § 4; 2005, No. 1824, § 9.
Ark. Code Ann. § 8-5-603 — AR Code / Title 8 / Chapter 5 / Subchapter 6 / Section 8-5-603
Definitions
Status: in_force

As used in this subchapter, unless the context otherwise requires: (1) "Chief executive" means the mayor of a municipality, the county judge of a county, or the chair of an improvement district, commission, agency, or similar body; (2) "Clerk" means the city clerk or town recorder of a municipality, the county clerk of a county, or the secretary of the board of commissioners of an improvement district, commission, agency, or similar body; (3) "Cost" means the cost of acquiring, constructing, and financing any privatization project and placing the privatization project in service, including without limitation: (A) The cost of acquisition and construction of any facility or any modification, improvement, or extension of that facility; (B) Any cost incident to the acquisition of any necessary property, easement, or right-of-way; (C) Engineering or architectural fees, legal fees, and fiscal agents' and financial advisors' fees; (D) Any cost incurred for any preliminary planning to determine the economic and engineering feasibility of a proposed privatization project; and (E) Costs of economic investigations and studies, surveys, preparation of designs, plans, working drawings, specifications, and the inspection and supervision of the construction of any facility and any other cost incurred by the local government; (4) "Facility" means any structure, building, machinery, system, land, right, permit, or other property necessary or desirable for the ownership and operation of a wastewater project or solid waste disposal project, including without limitation, all related and appurtenant easements and rights-of-way, improvements, utilities, equipment, and furnishings; (5) "Local government" means a city or incorporated town in the State of Arkansas, any county in the State of Arkansas, an improvement district organized under the law of the State of Arkansas, or any other political subdivision, agency, or instrumentality of the State of Arkansas or any of the foregoing; (6) "Ordinance" means an ordinance, resolution, or other appropriate legislative enactment of the governing body of a local government; (7) "Private owner or operator" means a person, firm, corporation, or partnership that is not a public entity and which owns or operates a privatization project; (8) (A) "Privatization" means any wastewater project or solid waste disposal project, including wastewater projects and solid waste disposal projects acquired from a local government, which is owned or operated by a private owner or operator and provides the related service to the public. (B) "Privatization" includes, but is not limited to: (i) The acquisition, construction, reconstruction, repair, alteration, modernization, renovation, improvement, or extension of any such wastewater project or solid waste disposal project, whether or not in existence or under construction, and financing the cost of those activities; (ii) The purchase, installation, or financing of equipment, machinery, and other personal property required by such wastewater project or solid waste disposal project; and (iii) The acquisition, improvement, or financing of real property and the extension or provision of utilities, access roads, and other appurtenant facilities, all of which are to be used or occupied by any person in providing wastewater projects or solid waste disposal projects; (9) "Solid waste" means all putrescible and nonputrescible wastes in solid or semisolid form, including, but not limited to, yard or food waste, waste glass, waste metals, waste plastics, wastepaper, waste paperboard, and all other solid and semisolid wastes resulting from industrial, commercial, agricultural, community, and residential activities; (10) "Solid waste disposal project" means any facility designed and operated for the disposition by landfilling, incinerating, composting, or other method of disposing of solid waste; and (11) "Wastewater project" means sewage collection systems and treatment plants, including without limitation, intercepting sewers, outfall sewers, force mains, pumping stations, instrumentation and control systems, and other appurtenances necessary or useful for the collection, removal, reduction, treatment, purification, disposal, and handling of liquid and solid waste, sewage and industrial waste, and refuse. Acts 1985, No. 690, § 3; A.S.A. 1947, § 82-1992.2; Acts 1991, No. 629, §§ 2-4.

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

(1) "Chief executive" means the mayor of a municipality, the county judge of a county, or the chair of an improvement district, commission, agency, or similar body;

(2) "Clerk" means the city clerk or town recorder of a municipality, the county clerk of a county, or the secretary of the board of commissioners of an improvement district, commission, agency, or similar body;

(3) "Cost" means the cost of acquiring, constructing, and financing any privatization project and placing the privatization project in service, including without limitation: (A) The cost of acquisition and construction of any facility or any modification, improvement, or extension of that facility; (B) Any cost incident to the acquisition of any necessary property, easement, or right-of-way; (C) Engineering or architectural fees, legal fees, and fiscal agents' and financial advisors' fees; (D) Any cost incurred for any preliminary planning to determine the economic and engineering feasibility of a proposed privatization project; and (E) Costs of economic investigations and studies, surveys, preparation of designs, plans, working drawings, specifications, and the inspection and supervision of the construction of any facility and any other cost incurred by the local government;

(A) The cost of acquisition and construction of any facility or any modification, improvement, or extension of that facility;

(B) Any cost incident to the acquisition of any necessary property, easement, or right-of-way;

(C) Engineering or architectural fees, legal fees, and fiscal agents' and financial advisors' fees;

(D) Any cost incurred for any preliminary planning to determine the economic and engineering feasibility of a proposed privatization project; and

(E) Costs of economic investigations and studies, surveys, preparation of designs, plans, working drawings, specifications, and the inspection and supervision of the construction of any facility and any other cost incurred by the local government;

(4) "Facility" means any structure, building, machinery, system, land, right, permit, or other property necessary or desirable for the ownership and operation of a wastewater project or solid waste disposal project, including without limitation, all related and appurtenant easements and rights-of-way, improvements, utilities, equipment, and furnishings;

(5) "Local government" means a city or incorporated town in the State of Arkansas, any county in the State of Arkansas, an improvement district organized under the law of the State of Arkansas, or any other political subdivision, agency, or instrumentality of the State of Arkansas or any of the foregoing;

(6) "Ordinance" means an ordinance, resolution, or other appropriate legislative enactment of the governing body of a local government;

(7) "Private owner or operator" means a person, firm, corporation, or partnership that is not a public entity and which owns or operates a privatization project;

(8) (A) "Privatization" means any wastewater project or solid waste disposal project, including wastewater projects and solid waste disposal projects acquired from a local government, which is owned or operated by a private owner or operator and provides the related service to the public. (B) "Privatization" includes, but is not limited to: (i) The acquisition, construction, reconstruction, repair, alteration, modernization, renovation, improvement, or extension of any such wastewater project or solid waste disposal project, whether or not in existence or under construction, and financing the cost of those activities; (ii) The purchase, installation, or financing of equipment, machinery, and other personal property required by such wastewater project or solid waste disposal project; and (iii) The acquisition, improvement, or financing of real property and the extension or provision of utilities, access roads, and other appurtenant facilities, all of which are to be used or occupied by any person in providing wastewater projects or solid waste disposal projects;

(A) "Privatization" means any wastewater project or solid waste disposal project, including wastewater projects and solid waste disposal projects acquired from a local government, which is owned or operated by a private owner or operator and provides the related service to the public.

(B) "Privatization" includes, but is not limited to: (i) The acquisition, construction, reconstruction, repair, alteration, modernization, renovation, improvement, or extension of any such wastewater project or solid waste disposal project, whether or not in existence or under construction, and financing the cost of those activities; (ii) The purchase, installation, or financing of equipment, machinery, and other personal property required by such wastewater project or solid waste disposal project; and (iii) The acquisition, improvement, or financing of real property and the extension or provision of utilities, access roads, and other appurtenant facilities, all of which are to be used or occupied by any person in providing wastewater projects or solid waste disposal projects;

(i) The acquisition, construction, reconstruction, repair, alteration, modernization, renovation, improvement, or extension of any such wastewater project or solid waste disposal project, whether or not in existence or under construction, and financing the cost of those activities;

(ii) The purchase, installation, or financing of equipment, machinery, and other personal property required by such wastewater project or solid waste disposal project; and

(iii) The acquisition, improvement, or financing of real property and the extension or provision of utilities, access roads, and other appurtenant facilities, all of which are to be used or occupied by any person in providing wastewater projects or solid waste disposal projects;

(9) "Solid waste" means all putrescible and nonputrescible wastes in solid or semisolid form, including, but not limited to, yard or food waste, waste glass, waste metals, waste plastics, wastepaper, waste paperboard, and all other solid and semisolid wastes resulting from industrial, commercial, agricultural, community, and residential activities;

(10) "Solid waste disposal project" means any facility designed and operated for the disposition by landfilling, incinerating, composting, or other method of disposing of solid waste; and

(11) "Wastewater project" means sewage collection systems and treatment plants, including without limitation, intercepting sewers, outfall sewers, force mains, pumping stations, instrumentation and control systems, and other appurtenances necessary or useful for the collection, removal, reduction, treatment, purification, disposal, and handling of liquid and solid waste, sewage and industrial waste, and refuse.

Acts 1985, No. 690, § 3; A.S.A. 1947, § 82-1992.2; Acts 1991, No. 629, §§ 2-4.
Ark. Code Ann. § 8-1-305 — AR Code / Title 8 / Chapter 1 / Subchapter 3 / Section 8-1-305
Exceptions
Status: in_force

The privilege described in § 8-1-303 does not apply to the following: (1) Documents, communications, data, reports, or other information that must be collected, developed, maintained, reported, or otherwise made available to the public or a regulatory agency under: (A) Federal or state law or extensions thereof; (B) A rule or standard adopted by the Arkansas Pollution Control and Ecology Commission; (C) A determination, a permit, or an order made or issued by the commission or the Director of the Division of Environmental Quality; or (D) Any other federal, state, or local law, permit, or order; (2) Information obtained by observation, sampling, or monitoring by any regulatory agency; and (3) Information obtained from a source independent of the environmental audit. Amended by Act 2019, No. 910,§ 2437, eff. 7/1/2019. Acts 1995, No. 350, § 1; 1999, No. 871, § 2.

The privilege described in § 8-1-303 does not apply to the following:

(1) Documents, communications, data, reports, or other information that must be collected, developed, maintained, reported, or otherwise made available to the public or a regulatory agency under: (A) Federal or state law or extensions thereof; (B) A rule or standard adopted by the Arkansas Pollution Control and Ecology Commission; (C) A determination, a permit, or an order made or issued by the commission or the Director of the Division of Environmental Quality; or (D) Any other federal, state, or local law, permit, or order;

(A) Federal or state law or extensions thereof;

(B) A rule or standard adopted by the Arkansas Pollution Control and Ecology Commission;

(C) A determination, a permit, or an order made or issued by the commission or the Director of the Division of Environmental Quality; or

(D) Any other federal, state, or local law, permit, or order;

(2) Information obtained by observation, sampling, or monitoring by any regulatory agency; and

(3) Information obtained from a source independent of the environmental audit.

Amended by Act 2019, No. 910,§ 2437, eff. 7/1/2019.

Acts 1995, No. 350, § 1; 1999, No. 871, § 2.
Ark. Code Ann. § 8-4-307 — AR Code / Title 8 / Chapter 4 / Subchapter 3 / Section 8-4-307
Private rights unchanged
Status: in_force

(a) Persons other than the state or the Division of Environmental Quality shall not acquire actionable right by virtue of this subchapter. The basis for proceedings that result from violation of any standard or rule promulgated by the Arkansas Pollution Control and Ecology Commission shall inure solely to and shall be for the benefit of the people of the state generally, and it is not intended to create in any way new rights or to enlarge existing rights or to abrogate existing private rights. (b) A determination by the division that air pollution or air contamination exists or that any standard or rule has been violated, whether or not a proceeding or action is brought by the state, shall not create, by reason thereof, any presumption of law or finding of fact that shall inure to or be for the benefit of any person other than the state. Amended by Act 2019, No. 315,§ 488, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2523, eff. 7/1/2019. Acts 1949, No. 472, [Part 2], § 14, as added by Acts 1965, No. 183, § 7; A.S.A. 1947, § 82-1943; Acts 1997, No. 1219, § 6.

(a) Persons other than the state or the Division of Environmental Quality shall not acquire actionable right by virtue of this subchapter. The basis for proceedings that result from violation of any standard or rule promulgated by the Arkansas Pollution Control and Ecology Commission shall inure solely to and shall be for the benefit of the people of the state generally, and it is not intended to create in any way new rights or to enlarge existing rights or to abrogate existing private rights.

(b) A determination by the division that air pollution or air contamination exists or that any standard or rule has been violated, whether or not a proceeding or action is brought by the state, shall not create, by reason thereof, any presumption of law or finding of fact that shall inure to or be for the benefit of any person other than the state.

Amended by Act 2019, No. 315,§ 488, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2523, eff. 7/1/2019.

Acts 1949, No. 472, [Part 2], § 14, as added by Acts 1965, No. 183, § 7; A.S.A. 1947, § 82-1943; Acts 1997, No. 1219, § 6.
Ark. Code Ann. § 8-7-522 — AR Code / Title 8 / Chapter 7 / Subchapter 5 / Section 8-7-522
Liability for actions relating to remedial actions
Status: in_force

(a) No shareholder, director, or officer of a corporation or a grantor or trustee of a trust whose sole purpose, as stated in its articles of incorporation or its trust agreement, is to conduct remedial action at a hazardous substance site pursuant to an administrative or judicial order or settlement under § 8-7-508 shall be liable to any person for any action of the corporation or trust reasonably related to the stated purpose of the corporation or trust. (b) This section shall not apply to any action of the corporation or trust resulting from the gross negligence or intentional misconduct of a shareholder, director, or officer of said corporation, or a grantor or trustee of said trust. (c) Nothing in this section shall be construed to alter the liability of any person for the hazardous substance site under this subchapter, nor shall the liability of any such person be expanded as a result of such person undertaking remedial action or serving as a shareholder, officer, or director of a corporation or as a grantor or trustee of a trust which undertakes remedial action pursuant to an administrative or judicial order or settlement under § 8-7-508 . Acts 1989, No. 441, § 3.

(a) No shareholder, director, or officer of a corporation or a grantor or trustee of a trust whose sole purpose, as stated in its articles of incorporation or its trust agreement, is to conduct remedial action at a hazardous substance site pursuant to an administrative or judicial order or settlement under § 8-7-508 shall be liable to any person for any action of the corporation or trust reasonably related to the stated purpose of the corporation or trust.

(b) This section shall not apply to any action of the corporation or trust resulting from the gross negligence or intentional misconduct of a shareholder, director, or officer of said corporation, or a grantor or trustee of said trust.

(c) Nothing in this section shall be construed to alter the liability of any person for the hazardous substance site under this subchapter, nor shall the liability of any such person be expanded as a result of such person undertaking remedial action or serving as a shareholder, officer, or director of a corporation or as a grantor or trustee of a trust which undertakes remedial action pursuant to an administrative or judicial order or settlement under § 8-7-508 .

Acts 1989, No. 441, § 3.
Ark. Code Ann. § 8-6-721 — AR Code / Title 8 / Chapter 6 / Subchapter 7 / Section 8-6-721
Licensing haulers of solid waste
Status: in_force

(a) A person who engages in the business of hauling solid waste must obtain a license from the regional solid waste management board if: (1) The person is engaged in the collection of solid waste within the regional solid waste management district; or (2) The person is engaged in the transportation of solid waste for disposal or storage in the regional solid waste management district. (b) (1) A license shall be issued only to a person, partnership, corporation, association, the State of Arkansas, a political subdivision of the state, an improvement district, a sanitation authority, or another regional solid waste management district. (2) The regional solid waste management district may engage in the hauling of solid waste within its own regional solid waste management district without licensure but shall comply with all applicable standards required under this section. (c) The Arkansas Pollution Control and Ecology Commission shall establish classifications of haulers, which shall be used by regional solid waste management districts in licensing haulers. The classifications shall be based on the nature and size of the loads transported. (d) (1) The commission shall promulgate minimum standards for a license to haul solid waste. (2) One (1) of the criteria for obtaining such a license shall be the financial responsibility of the hauler. (e) The board may impose more stringent standards than the minimum standards established by the commission. (f) The board may set a reasonable licensing fee for each class of haulers. Acts 1991, No. 752, § 2.

(a) A person who engages in the business of hauling solid waste must obtain a license from the regional solid waste management board if: (1) The person is engaged in the collection of solid waste within the regional solid waste management district; or (2) The person is engaged in the transportation of solid waste for disposal or storage in the regional solid waste management district.

(1) The person is engaged in the collection of solid waste within the regional solid waste management district; or

(2) The person is engaged in the transportation of solid waste for disposal or storage in the regional solid waste management district.

(b) (1) A license shall be issued only to a person, partnership, corporation, association, the State of Arkansas, a political subdivision of the state, an improvement district, a sanitation authority, or another regional solid waste management district. (2) The regional solid waste management district may engage in the hauling of solid waste within its own regional solid waste management district without licensure but shall comply with all applicable standards required under this section.

(1) A license shall be issued only to a person, partnership, corporation, association, the State of Arkansas, a political subdivision of the state, an improvement district, a sanitation authority, or another regional solid waste management district.

(2) The regional solid waste management district may engage in the hauling of solid waste within its own regional solid waste management district without licensure but shall comply with all applicable standards required under this section.

(c) The Arkansas Pollution Control and Ecology Commission shall establish classifications of haulers, which shall be used by regional solid waste management districts in licensing haulers. The classifications shall be based on the nature and size of the loads transported.

(d) (1) The commission shall promulgate minimum standards for a license to haul solid waste. (2) One (1) of the criteria for obtaining such a license shall be the financial responsibility of the hauler.

(1) The commission shall promulgate minimum standards for a license to haul solid waste.

(2) One (1) of the criteria for obtaining such a license shall be the financial responsibility of the hauler.

(e) The board may impose more stringent standards than the minimum standards established by the commission.

(f) The board may set a reasonable licensing fee for each class of haulers.

Acts 1991, No. 752, § 2.
Ark. Code Ann. § 8-6-2008 — AR Code / Title 8 / Chapter 6 / Subchapter 20 / Section 8-6-2008
Environmental Compliance Resource Program
Status: in_force

(a) The Director of the Division of Environmental Quality or his or her designee shall develop, implement, and administer the Environmental Compliance Resource Program. (b) The program shall provide: (1) Guidance and resources to all certified environmental officers; (2) Evaluation of all applicants for initial training as an environmental officer; (3) Coordination of training and examination of all potential environmental officers; (4) Certification to individuals who have completed the required environmental officer training and examination; (5) Coordination of continuing education for all certified environmental officers; and (6) Other services as determined necessary by the director. Added by Act 2019, No. 1067,§ 1, eff. 7/24/2019.

(a) The Director of the Division of Environmental Quality or his or her designee shall develop, implement, and administer the Environmental Compliance Resource Program.

(b) The program shall provide: (1) Guidance and resources to all certified environmental officers; (2) Evaluation of all applicants for initial training as an environmental officer; (3) Coordination of training and examination of all potential environmental officers; (4) Certification to individuals who have completed the required environmental officer training and examination; (5) Coordination of continuing education for all certified environmental officers; and (6) Other services as determined necessary by the director.

(1) Guidance and resources to all certified environmental officers;

(2) Evaluation of all applicants for initial training as an environmental officer;

(3) Coordination of training and examination of all potential environmental officers;

(4) Certification to individuals who have completed the required environmental officer training and examination;

(5) Coordination of continuing education for all certified environmental officers; and

(6) Other services as determined necessary by the director.

Added by Act 2019, No. 1067,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 8-4-213 — AR Code / Title 8 / Chapter 4 / Subchapter 2 / Section 8-4-213
Conclusiveness of commission actions
Status: in_force

(a) If no appeal is taken from an order, a rule, or other decision of the Arkansas Pollution Control and Ecology Commission as provided in §§ 8-4-222 - 8-4-229 , or if the action of the commission is affirmed on appeal, then the action of the commission in the matter shall be deemed conclusive, and the validity and reasonableness thereof shall not be questioned in any other action or proceeding. (b) However, this section shall not preclude the authority of the commission to modify or rescind its actions. Amended by Act 2019, No. 315,§ 474, eff. 7/24/2019. Acts 1949, No. 472, [Part 1], § 5; A.S.A. 1947, § 82-1906; Acts 1993, No. 163, § 18; 1993, No. 165, § 18.

(a) If no appeal is taken from an order, a rule, or other decision of the Arkansas Pollution Control and Ecology Commission as provided in §§ 8-4-222 - 8-4-229 , or if the action of the commission is affirmed on appeal, then the action of the commission in the matter shall be deemed conclusive, and the validity and reasonableness thereof shall not be questioned in any other action or proceeding.

(b) However, this section shall not preclude the authority of the commission to modify or rescind its actions.

Amended by Act 2019, No. 315,§ 474, eff. 7/24/2019.

Acts 1949, No. 472, [Part 1], § 5; A.S.A. 1947, § 82-1906; Acts 1993, No. 163, § 18; 1993, No. 165, § 18.
Ark. Code Ann. § 8-6-715 — AR Code / Title 8 / Chapter 6 / Subchapter 7 / Section 8-6-715
Eminent domain
Status: in_force

(a) In the event that necessary lands needed for the accomplishment of the purposes authorized by this chapter cannot be acquired by negotiation, any regional solid waste management district is authorized to acquire the needed lands by condemnation proceedings under the power of eminent domain. (b) (1) The proceedings may be exercised in the manner now provided for taking private property for rights-of-way for railroads as set forth in §§ 18-15-1202 - 18-15-1207 . (2) As a part of the proceedings, the district shall file an environmental impact statement with the court. (c) Nothing in this section shall allow a district to appropriate by eminent domain any property upon which is located a permitted landfill, recycling facility, or incinerator or for which a permit for a landfill, recycling facility, or incinerator is pending. Acts 1991, No. 752, § 2.

(a) In the event that necessary lands needed for the accomplishment of the purposes authorized by this chapter cannot be acquired by negotiation, any regional solid waste management district is authorized to acquire the needed lands by condemnation proceedings under the power of eminent domain.

(b) (1) The proceedings may be exercised in the manner now provided for taking private property for rights-of-way for railroads as set forth in §§ 18-15-1202 - 18-15-1207 . (2) As a part of the proceedings, the district shall file an environmental impact statement with the court.

(1) The proceedings may be exercised in the manner now provided for taking private property for rights-of-way for railroads as set forth in §§ 18-15-1202 - 18-15-1207 .

(2) As a part of the proceedings, the district shall file an environmental impact statement with the court.

(c) Nothing in this section shall allow a district to appropriate by eminent domain any property upon which is located a permitted landfill, recycling facility, or incinerator or for which a permit for a landfill, recycling facility, or incinerator is pending.

Acts 1991, No. 752, § 2.
Ark. Code Ann. § 8-9-105 — AR Code / Title 8 / Chapter 9 / Subchapter 1 / Section 8-9-105
Penalties and procedures
Status: in_force

(a) Any person who violates any provision of § 8-9-301 et seq. or the Used Tire Recycling and Accountability Act, § 8-9-401 et seq., or of any rule or order issued pursuant to this chapter, shall be subject to the same penalty and enforcement provisions as are contained in § 8-6-204 . (b) Except as otherwise provided in this chapter, the procedure of the Arkansas Pollution Control and Ecology Commission for issuance of rules, conduct of hearings, notice, power of subpoena, review of action on permits, right of appeal, presumptions, finality of actions, and related matters shall be as provided in §§ 8-4-101 - 8-4-106 and 8-4-201 - 8-4-229 of the Arkansas Water and Air Pollution Control Act, § 8-4-101 et seq., including without limitation §§ 8-4-205 , 8-4-210 , 8-4-212 - 8-4-214 , and 8-4-218 - 8-4-229 . (c) All rules adopted under this chapter shall be reviewed by the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor or appropriate subcommittees of the House Committee on Public Health, Welfare, and Labor and the Senate Committee on Public Health, Welfare, and Labor. Amended by Act 2019, No. 315,§ 683, eff. 7/24/2019. Acts 1991, No. 749, § 1; 1997, No. 179, § 6.

(a) Any person who violates any provision of § 8-9-301 et seq. or the Used Tire Recycling and Accountability Act, § 8-9-401 et seq., or of any rule or order issued pursuant to this chapter, shall be subject to the same penalty and enforcement provisions as are contained in § 8-6-204 .

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

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

Amended by Act 2019, No. 315,§ 683, eff. 7/24/2019.

Acts 1991, No. 749, § 1; 1997, No. 179, § 6.
Ark. Code Ann. § 8-6-202 — AR Code / Title 8 / Chapter 6 / Subchapter 2 / Section 8-6-202
Purpose
Status: in_force

It is the purpose of this subchapter and it is declared to be the policy of this state to regulate the collection and disposal of solid wastes in a manner that will: (1) Protect the public health and welfare; (2) Prevent water or air pollution; (3) Prevent the spread of disease and the creation of nuisances; (4) Conserve natural resources; and (5) Enhance the beauty and quality of the environment. Acts 1971, No. 237, § 2; A.S.A. 1947, § 82-2702.

It is the purpose of this subchapter and it is declared to be the policy of this state to regulate the collection and disposal of solid wastes in a manner that will:

(1) Protect the public health and welfare;

(2) Prevent water or air pollution;

(3) Prevent the spread of disease and the creation of nuisances;

(4) Conserve natural resources; and

(5) Enhance the beauty and quality of the environment.

Acts 1971, No. 237, § 2; A.S.A. 1947, § 82-2702.
Ark. Code Ann. § 8-6-805 — AR Code / Title 8 / Chapter 6 / Subchapter 8 / Section 8-6-805
Bonds - Trust indenture
Status: in_force

(a) The resolution authorizing the bonds may provide for the execution by the regional solid waste management district with a bank or trust company within or without this state of a trust indenture which defines the rights of the holders and registered owners of the bonds. (b) The indenture may control the priority between and among successive issues and may contain any other terms, covenants, and conditions that are deemed desirable, including, without limitation, those pertaining to the custody and application of proceeds of the bonds, the maintaining of rates and charges, the collection and disposition of revenues, the maintenance of various funds and reserves, the nature and extent of the security and pledging of revenues, the rights, duties, and obligations of the district and the trustee for the holders or registered owners of the bonds, and the rights of the holders and registered owners of the bonds. (c) The resolution or trust indenture authorizing or securing any bonds issued under this subchapter may or may not impose a foreclosable mortgage lien upon or security interest in the project financed in whole or in part with the proceeds of the bonds, and the nature and extent of the mortgage lien or security interest may be controlled by the resolution or trust indenture, including, without limitation, provisions pertaining to the release of all or part of the project properties from the mortgage lien or security interest and the priority of the mortgage lien or security interest in the event of the issuance of additional bonds. (d) Subject to the terms, conditions, and restrictions which may be contained in the resolution or trust indenture, any holder or registered owner of bonds issued under this subchapter or of any coupon attached thereto may, either at law or in equity, enforce the mortgage lien or security interest and may, by proper suit, compel the performance of the duties of the members and employees of the regional solid waste management board as set forth in the resolution or trust indenture authorizing or securing the bonds. Acts 1991, No. 752, § 4.

(a) The resolution authorizing the bonds may provide for the execution by the regional solid waste management district with a bank or trust company within or without this state of a trust indenture which defines the rights of the holders and registered owners of the bonds.

(b) The indenture may control the priority between and among successive issues and may contain any other terms, covenants, and conditions that are deemed desirable, including, without limitation, those pertaining to the custody and application of proceeds of the bonds, the maintaining of rates and charges, the collection and disposition of revenues, the maintenance of various funds and reserves, the nature and extent of the security and pledging of revenues, the rights, duties, and obligations of the district and the trustee for the holders or registered owners of the bonds, and the rights of the holders and registered owners of the bonds.

(c) The resolution or trust indenture authorizing or securing any bonds issued under this subchapter may or may not impose a foreclosable mortgage lien upon or security interest in the project financed in whole or in part with the proceeds of the bonds, and the nature and extent of the mortgage lien or security interest may be controlled by the resolution or trust indenture, including, without limitation, provisions pertaining to the release of all or part of the project properties from the mortgage lien or security interest and the priority of the mortgage lien or security interest in the event of the issuance of additional bonds.

(d) Subject to the terms, conditions, and restrictions which may be contained in the resolution or trust indenture, any holder or registered owner of bonds issued under this subchapter or of any coupon attached thereto may, either at law or in equity, enforce the mortgage lien or security interest and may, by proper suit, compel the performance of the duties of the members and employees of the regional solid waste management board as set forth in the resolution or trust indenture authorizing or securing the bonds.

Acts 1991, No. 752, § 4.
Ark. Code Ann. § 8-6-2002 — AR Code / Title 8 / Chapter 6 / Subchapter 20 / Section 8-6-2002
Purpose
Status: in_force

The purpose of this subchapter is to protect the public health, safety, and welfare of the state by: (1) Improving the operational efficiency of the Division of Environmental Quality concerning the resources provided to local governments and other state agencies, boards, and commissions; (2) Creating the Environmental Compliance Resource Program to be administered by the division to provide resources to local governments and other state agencies, boards, and commissions; (3) Ensuring that cities, municipalities, counties, regional solid waste management districts, and state agencies, boards, and commissions have sufficient resources; (4) Authorizing the division to develop, implement, and administer an Environmental Compliance Resource Program; and (5) Modernizing, simplifying, and clarifying the law related to illegal dumping of solid waste and other similar issues that affect the public health, safety, and welfare. Amended by Act 2021, No. 749,§ 1, eff. 7/28/2021. Added by Act 2019, No. 1067,§ 1, eff. 7/24/2019.

The purpose of this subchapter is to protect the public health, safety, and welfare of the state by:

(1) Improving the operational efficiency of the Division of Environmental Quality concerning the resources provided to local governments and other state agencies, boards, and commissions;

(2) Creating the Environmental Compliance Resource Program to be administered by the division to provide resources to local governments and other state agencies, boards, and commissions;

(3) Ensuring that cities, municipalities, counties, regional solid waste management districts, and state agencies, boards, and commissions have sufficient resources;

(4) Authorizing the division to develop, implement, and administer an Environmental Compliance Resource Program; and

(5) Modernizing, simplifying, and clarifying the law related to illegal dumping of solid waste and other similar issues that affect the public health, safety, and welfare.

Amended by Act 2021, No. 749,§ 1, eff. 7/28/2021.

Added by Act 2019, No. 1067,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 8-6-403 — AR Code / Title 8 / Chapter 6 / Subchapter 4 / Section 8-6-403
Definitions
Status: in_force

As used in this subchapter, unless the context otherwise requires: (1) "Abandoned" means property to which no person claims or exercises right of ownership; (2) "Automobile repair shop" means any business which engages in the repair or servicing of vehicles; (3) "Commercial littering" includes, but is not limited to, littering done by commercial businesses and manufacturing companies of every kind and description, including those businesses and persons who illegally dispose of litter or solid waste for other persons in return for money, fees, or other compensation; (4) "Demolisher" means any person whose business, to any extent or degree, is to convert a motor vehicle or household appliance into processed scrap or scrap metal, into saleable parts, or otherwise to wreck or dismantle vehicles or appliances; (5) "Disposable package or container" means all items or materials designed or intended to contain another item or product, but not designed or intended for permanent or continued use; (6) "Enclosed building" means a structure surrounded by walls or one (1) continuous wall and having a roof enclosing the entire structure and includes a permanent appendage to the structure; (7) "Household appliance" includes, but is not limited to, refrigerators, freezers, ranges, stoves, automatic dishwashers, clothes washers, clothes dryers, trash compacters, television sets, radios, hot water heaters, air conditioning units, commodes and other plumbing fixtures, and bed springs or other furniture; (8) "Inoperative household appliance" means a discarded household appliance which by reason of mechanical or physical defects can no longer be used for its intended purpose and which is not serving a functional purpose; (9) "Junk motor vehicle" means any vehicle which is inoperable, dismantled, or damaged and that is unable to start and move under its own power. Vehicles are excluded as long as they are registered and bear a current license permit; (10) (A) "Litter" means all waste material which has been discarded or otherwise disposed of as prohibited in this subchapter, including, but not limited to, convenience food and beverage packages or containers, trash, garbage, all other product packages or containers, and other postconsumer solid wastes. (B) "Litter" does not include wastes from the primary processing of mining, logging, sawmilling, or farming, the raising of poultry, manufacturing, or wastes deposited into proper receptacles; (11) "Old vehicle tire" means a pneumatic tire in which compressed air is designed to support a load, but which because of wear, damage, or defect can no longer safely be used on a vehicle and which is either not serving a functional purpose or use or is not in an enclosed building, a salvage yard, or the actual possession of a demolisher; (12) "Public place" means any area that is used or held out for use by the public, whether owned or operated by public or private interests; (13) "Salvage yard" means any business that, in the course of its operation, maintains ten (10) or more vehicles to be used, wholly or in parts, to generate revenue for the operation of the business; and (14) "Vehicle" includes every device capable of being moved upon a public highway and in, upon, or by which any persons or property is or may be transported or drawn upon a public highway, excepting devices moved by human or animal power or used exclusively upon stationary rails or tracks. Acts 1977, No. 883, § 2; A.S.A. 1947, § 82-3902.

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

(1) "Abandoned" means property to which no person claims or exercises right of ownership;

(2) "Automobile repair shop" means any business which engages in the repair or servicing of vehicles;

(3) "Commercial littering" includes, but is not limited to, littering done by commercial businesses and manufacturing companies of every kind and description, including those businesses and persons who illegally dispose of litter or solid waste for other persons in return for money, fees, or other compensation;

(4) "Demolisher" means any person whose business, to any extent or degree, is to convert a motor vehicle or household appliance into processed scrap or scrap metal, into saleable parts, or otherwise to wreck or dismantle vehicles or appliances;

(5) "Disposable package or container" means all items or materials designed or intended to contain another item or product, but not designed or intended for permanent or continued use;

(6) "Enclosed building" means a structure surrounded by walls or one (1) continuous wall and having a roof enclosing the entire structure and includes a permanent appendage to the structure;

(7) "Household appliance" includes, but is not limited to, refrigerators, freezers, ranges, stoves, automatic dishwashers, clothes washers, clothes dryers, trash compacters, television sets, radios, hot water heaters, air conditioning units, commodes and other plumbing fixtures, and bed springs or other furniture;

(8) "Inoperative household appliance" means a discarded household appliance which by reason of mechanical or physical defects can no longer be used for its intended purpose and which is not serving a functional purpose;

(9) "Junk motor vehicle" means any vehicle which is inoperable, dismantled, or damaged and that is unable to start and move under its own power. Vehicles are excluded as long as they are registered and bear a current license permit;

(10) (A) "Litter" means all waste material which has been discarded or otherwise disposed of as prohibited in this subchapter, including, but not limited to, convenience food and beverage packages or containers, trash, garbage, all other product packages or containers, and other postconsumer solid wastes. (B) "Litter" does not include wastes from the primary processing of mining, logging, sawmilling, or farming, the raising of poultry, manufacturing, or wastes deposited into proper receptacles;

(A) "Litter" means all waste material which has been discarded or otherwise disposed of as prohibited in this subchapter, including, but not limited to, convenience food and beverage packages or containers, trash, garbage, all other product packages or containers, and other postconsumer solid wastes.

(B) "Litter" does not include wastes from the primary processing of mining, logging, sawmilling, or farming, the raising of poultry, manufacturing, or wastes deposited into proper receptacles;

(11) "Old vehicle tire" means a pneumatic tire in which compressed air is designed to support a load, but which because of wear, damage, or defect can no longer safely be used on a vehicle and which is either not serving a functional purpose or use or is not in an enclosed building, a salvage yard, or the actual possession of a demolisher;

(12) "Public place" means any area that is used or held out for use by the public, whether owned or operated by public or private interests;

(13) "Salvage yard" means any business that, in the course of its operation, maintains ten (10) or more vehicles to be used, wholly or in parts, to generate revenue for the operation of the business; and

(14) "Vehicle" includes every device capable of being moved upon a public highway and in, upon, or by which any persons or property is or may be transported or drawn upon a public highway, excepting devices moved by human or animal power or used exclusively upon stationary rails or tracks.

Acts 1977, No. 883, § 2; A.S.A. 1947, § 82-3902.
Ark. Code Ann. § 8-9-415 — AR Code / Title 8 / Chapter 9 / Subchapter 4 / Section 8-9-415
Permitting, licensing, inspections, procedures, enforcement, and penalties
Status: in_force

(a) A person who receives funding under this subchapter, tire collection centers, tire retailers, tire processing facilities, tire transporters, tire generators, commercial generators, used tires regulated under this subchapter, and waste tire sites are subject to: (1) All provisions in § 8-1-101 et seq., § 8-1-201 et seq., § 8-1-301 et seq., § 8-4-101 et seq., and § 8-4-201 et seq., concerning permits, licensing, inspections, and procedures; (2) Sections 8-6-204 , 8-6-205 , 8-6-207(a)(6) , and 8-9-105 concerning penalties and enforcement; and (3) All applicable rules promulgated by the Arkansas Pollution Control and Ecology Commission. (b) A used tire program is subject to penalties and enforcement under this subchapter for noncompliance with this subchapter to include without limitation: (1) Failure to use the electronic uniform used tire manifest system; (2) Failure to submit accurate information to the electronic uniform used tire manifest system; (3) Failure to submit an approved business plan on or before July 1, 2018; (4) Failure to submit a revised business plan as required under § 8-9-408(c) ; (5) Failure to submit an approved revised business plan within three (3) months after submission; or (6) Failure to provide documentation or reports required to be filed with the Division of Environmental Quality under this subchapter. (c) (1) If a used tire program fails to submit a business plan that is approved by the Arkansas Department of Environmental Quality or the division on or before July 1, 2018, the used tire program and all regional solid waste management boards included in the used tire program on July 1, 2018, are: (A) Ineligible to receive funding under this subchapter and from the Used Tire Recycling Fund; (B) Prohibited from administering and operating a used tire program; and (C) Prohibited from imposing any fees to support the administration and operation of a used tire program. (2) (A) The division may designate a qualified entity to perform the duties related to the operation and administration of a used tire program deemed ineligible under subdivision (c)(1) of this section. (B) A qualified entity that is designated to perform the duties related to the operation and administration of a used tire program under this subsection shall operate the used tire program in compliance with this subchapter. (C) If the qualified entity performs the duties related to the operation and administration of the used tire program in compliance with this subchapter, the qualified entity is eligible to receive funding under this subchapter and from the fund. (d) In addition to any other penalty provided by law, a tire processing facility permit or a tire collection center permit shall be suspended or revoked for noncompliance with this subchapter. Amended by Act 2019, No. 315,§ 692, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2891, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2890, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2889, eff. 7/1/2019. Added by Act 2017, No. 317,§ 1, eff. 8/1/2017.

(a) A person who receives funding under this subchapter, tire collection centers, tire retailers, tire processing facilities, tire transporters, tire generators, commercial generators, used tires regulated under this subchapter, and waste tire sites are subject to: (1) All provisions in § 8-1-101 et seq., § 8-1-201 et seq., § 8-1-301 et seq., § 8-4-101 et seq., and § 8-4-201 et seq., concerning permits, licensing, inspections, and procedures; (2) Sections 8-6-204 , 8-6-205 , 8-6-207(a)(6) , and 8-9-105 concerning penalties and enforcement; and (3) All applicable rules promulgated by the Arkansas Pollution Control and Ecology Commission.

(1) All provisions in § 8-1-101 et seq., § 8-1-201 et seq., § 8-1-301 et seq., § 8-4-101 et seq., and § 8-4-201 et seq., concerning permits, licensing, inspections, and procedures;

(2) Sections 8-6-204 , 8-6-205 , 8-6-207(a)(6) , and 8-9-105 concerning penalties and enforcement; and

(3) All applicable rules promulgated by the Arkansas Pollution Control and Ecology Commission.

(b) A used tire program is subject to penalties and enforcement under this subchapter for noncompliance with this subchapter to include without limitation: (1) Failure to use the electronic uniform used tire manifest system; (2) Failure to submit accurate information to the electronic uniform used tire manifest system; (3) Failure to submit an approved business plan on or before July 1, 2018; (4) Failure to submit a revised business plan as required under § 8-9-408(c) ; (5) Failure to submit an approved revised business plan within three (3) months after submission; or (6) Failure to provide documentation or reports required to be filed with the Division of Environmental Quality under this subchapter.

(1) Failure to use the electronic uniform used tire manifest system;

(2) Failure to submit accurate information to the electronic uniform used tire manifest system;

(3) Failure to submit an approved business plan on or before July 1, 2018;

(4) Failure to submit a revised business plan as required under § 8-9-408(c) ;

(5) Failure to submit an approved revised business plan within three (3) months after submission; or

(6) Failure to provide documentation or reports required to be filed with the Division of Environmental Quality under this subchapter.

(c) (1) If a used tire program fails to submit a business plan that is approved by the Arkansas Department of Environmental Quality or the division on or before July 1, 2018, the used tire program and all regional solid waste management boards included in the used tire program on July 1, 2018, are: (A) Ineligible to receive funding under this subchapter and from the Used Tire Recycling Fund; (B) Prohibited from administering and operating a used tire program; and (C) Prohibited from imposing any fees to support the administration and operation of a used tire program. (2) (A) The division may designate a qualified entity to perform the duties related to the operation and administration of a used tire program deemed ineligible under subdivision (c)(1) of this section. (B) A qualified entity that is designated to perform the duties related to the operation and administration of a used tire program under this subsection shall operate the used tire program in compliance with this subchapter. (C) If the qualified entity performs the duties related to the operation and administration of the used tire program in compliance with this subchapter, the qualified entity is eligible to receive funding under this subchapter and from the fund.

(1) If a used tire program fails to submit a business plan that is approved by the Arkansas Department of Environmental Quality or the division on or before July 1, 2018, the used tire program and all regional solid waste management boards included in the used tire program on July 1, 2018, are: (A) Ineligible to receive funding under this subchapter and from the Used Tire Recycling Fund; (B) Prohibited from administering and operating a used tire program; and (C) Prohibited from imposing any fees to support the administration and operation of a used tire program.

(A) Ineligible to receive funding under this subchapter and from the Used Tire Recycling Fund;

(B) Prohibited from administering and operating a used tire program; and

(C) Prohibited from imposing any fees to support the administration and operation of a used tire program.

(2) (A) The division may designate a qualified entity to perform the duties related to the operation and administration of a used tire program deemed ineligible under subdivision (c)(1) of this section. (B) A qualified entity that is designated to perform the duties related to the operation and administration of a used tire program under this subsection shall operate the used tire program in compliance with this subchapter. (C) If the qualified entity performs the duties related to the operation and administration of the used tire program in compliance with this subchapter, the qualified entity is eligible to receive funding under this subchapter and from the fund.

(A) The division may designate a qualified entity to perform the duties related to the operation and administration of a used tire program deemed ineligible under subdivision (c)(1) of this section.

(B) A qualified entity that is designated to perform the duties related to the operation and administration of a used tire program under this subsection shall operate the used tire program in compliance with this subchapter.

(C) If the qualified entity performs the duties related to the operation and administration of the used tire program in compliance with this subchapter, the qualified entity is eligible to receive funding under this subchapter and from the fund.

(d) In addition to any other penalty provided by law, a tire processing facility permit or a tire collection center permit shall be suspended or revoked for noncompliance with this subchapter.

Amended by Act 2019, No. 315,§ 692, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2891, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2890, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2889, eff. 7/1/2019.

Added by Act 2017, No. 317,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 8-5-602 — AR Code / Title 8 / Chapter 5 / Subchapter 6 / Section 8-5-602
Legislative policy
Status: in_force

The General Assembly declares that the policy of this state is to assure its citizens adequate public services, particularly wastewater projects, and solid waste disposal projects, at reasonable cost, and that such services are essential to the maintenance and general welfare of the citizens of this state and to the continued expansion of the state's economy, job market, and industrial base. However, the cost of constructing, owning, and operating capital facilities to meet the demand for those public services is becoming increasingly burdensome to cities, counties, and improvement districts, and it is desirable that innovative financing mechanisms be made available to assist the communities of this state in developing wastewater projects and solid waste disposal projects at reasonable cost. Private sector ownership and operation of capital facilities providing public services can result in cost savings to communities contracting for those public services. It is, therefore, in the best public interest of the state and its citizens that cities, counties, and improvement districts be authorized to cause such services to be provided by private enterprise and to contract with private owners or operators for providing the services to the public. Acts 1985, No. 690, § 2; A.S.A. 1947, § 82-1992.1; Acts 1991, No. 629, § 1.

The General Assembly declares that the policy of this state is to assure its citizens adequate public services, particularly wastewater projects, and solid waste disposal projects, at reasonable cost, and that such services are essential to the maintenance and general welfare of the citizens of this state and to the continued expansion of the state's economy, job market, and industrial base. However, the cost of constructing, owning, and operating capital facilities to meet the demand for those public services is becoming increasingly burdensome to cities, counties, and improvement districts, and it is desirable that innovative financing mechanisms be made available to assist the communities of this state in developing wastewater projects and solid waste disposal projects at reasonable cost. Private sector ownership and operation of capital facilities providing public services can result in cost savings to communities contracting for those public services. It is, therefore, in the best public interest of the state and its citizens that cities, counties, and improvement districts be authorized to cause such services to be provided by private enterprise and to contract with private owners or operators for providing the services to the public.

Acts 1985, No. 690, § 2; A.S.A. 1947, § 82-1992.1; Acts 1991, No. 629, § 1.
Ark. Code Ann. § 8-12-102 — AR Code / Title 8 / Chapter 12 / Section 8-12-102
Definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Board" means the Natural Resources Damages Advisory Board; (2) "Fund" means the Natural Resources Damages Trust Fund created by this chapter; and (3) "Natural resources" means land, fish, wildlife, biota, air, surface water, groundwater, drinking water supplies, and other such resources belonging to, managed by, held in trust by, appertaining to, or otherwise controlled by the State of Arkansas or local government. Acts 1999, No. 895, § 1.

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

(1) "Board" means the Natural Resources Damages Advisory Board;

(2) "Fund" means the Natural Resources Damages Trust Fund created by this chapter; and

(3) "Natural resources" means land, fish, wildlife, biota, air, surface water, groundwater, drinking water supplies, and other such resources belonging to, managed by, held in trust by, appertaining to, or otherwise controlled by the State of Arkansas or local government.

Acts 1999, No. 895, § 1.
Ark. Code Ann. § 8-1-206 — AR Code / Title 8 / Chapter 1 / Subchapter 2 / Section 8-1-206
Voluntary environmental stewardship program - Definitions
Status: in_force

(a) As used in this section: (1) "Environmental laws" means this title and any rules, permits, and orders adopted or issued under this title; (2) "Environmental management system" means a set of documented processes and practices that enable an organization to reduce its environmental impact and increase operating efficiency by continuously improving its environmental performance; (3) "Environmental performance" means the effect of a facility or activity on air, water, land, natural resources, or human health and the generation of waste by a facility or activity; and (4) (A) (i) "Organization" means a company, corporation, political subdivision, firm, enterprise, or institution, or any part or combination, whether incorporated or not, public or private, that has its own functions and administration. (ii) For an organization with more than one (1) operating unit, a single operating unit may be treated as an organization. (B) "Organization" includes persons or entities regulated by the Division of Environmental Quality and those not regulated by the division. (b) (1) The Director of the Division of Environmental Quality may develop, implement, and administer a voluntary environmental stewardship program. (2) The voluntary environmental stewardship program shall provide recognition for those organizations that have a history of sustained compliance with environmental law requirements or organizations that go above and beyond environmental law requirements. (3) At the discretion of the director, the voluntary environmental stewardship program shall provide incentives for organizations that demonstrate sustained compliance with environmental laws or go above and beyond environmental law requirements to include without limitation: (A) Reduced inspection frequency; (B) Reduced reporting requirements; or (C) Advanced notification of inspections and enforcement rulings. (4) The voluntary environmental stewardship program shall include tiers commensurate with and appropriate to the environmental impacts of an organization's facilities, activities, products, or services, and be based on an organization's level of commitment to the voluntary environmental stewardship program. (c) (1) Participation in the voluntary environmental stewardship program by any organization is voluntary. (2) The division shall approve an organization's membership in the voluntary environmental stewardship program and shall review the organization's membership at least one (1) time every three (3) years. (3) Membership and tier level assignment shall be based on the organization's commitment to: (A) Sustained compliance with environmental laws and history of compliance with environmental laws; (B) Develop, implement, and maintain an environmental management system; (C) Going above and beyond the requirements of environmental laws; (D) Pollution prevention and improving its environmental performance; and (E) Reporting to the division on its environmental performance annually. (d) (1) Membership in the voluntary environmental stewardship program is not a license or permit under this title. (2) The denial or approval of membership is not an appealable action or an action against the organization under this title. (e) This section does not permit the violation of state or federal laws. Amended by Act 2019, No. 315,§ 440, eff. 7/24/2019. Added by Act 2017, No. 858,§ 1, eff. 8/1/2017.

(a) As used in this section: (1) "Environmental laws" means this title and any rules, permits, and orders adopted or issued under this title; (2) "Environmental management system" means a set of documented processes and practices that enable an organization to reduce its environmental impact and increase operating efficiency by continuously improving its environmental performance; (3) "Environmental performance" means the effect of a facility or activity on air, water, land, natural resources, or human health and the generation of waste by a facility or activity; and (4) (A) (i) "Organization" means a company, corporation, political subdivision, firm, enterprise, or institution, or any part or combination, whether incorporated or not, public or private, that has its own functions and administration. (ii) For an organization with more than one (1) operating unit, a single operating unit may be treated as an organization. (B) "Organization" includes persons or entities regulated by the Division of Environmental Quality and those not regulated by the division.

(1) "Environmental laws" means this title and any rules, permits, and orders adopted or issued under this title;

(2) "Environmental management system" means a set of documented processes and practices that enable an organization to reduce its environmental impact and increase operating efficiency by continuously improving its environmental performance;

(3) "Environmental performance" means the effect of a facility or activity on air, water, land, natural resources, or human health and the generation of waste by a facility or activity; and

(4) (A) (i) "Organization" means a company, corporation, political subdivision, firm, enterprise, or institution, or any part or combination, whether incorporated or not, public or private, that has its own functions and administration. (ii) For an organization with more than one (1) operating unit, a single operating unit may be treated as an organization. (B) "Organization" includes persons or entities regulated by the Division of Environmental Quality and those not regulated by the division.

(A) (i) "Organization" means a company, corporation, political subdivision, firm, enterprise, or institution, or any part or combination, whether incorporated or not, public or private, that has its own functions and administration. (ii) For an organization with more than one (1) operating unit, a single operating unit may be treated as an organization.

(i) "Organization" means a company, corporation, political subdivision, firm, enterprise, or institution, or any part or combination, whether incorporated or not, public or private, that has its own functions and administration.

(ii) For an organization with more than one (1) operating unit, a single operating unit may be treated as an organization.

(B) "Organization" includes persons or entities regulated by the Division of Environmental Quality and those not regulated by the division.

(b) (1) The Director of the Division of Environmental Quality may develop, implement, and administer a voluntary environmental stewardship program. (2) The voluntary environmental stewardship program shall provide recognition for those organizations that have a history of sustained compliance with environmental law requirements or organizations that go above and beyond environmental law requirements. (3) At the discretion of the director, the voluntary environmental stewardship program shall provide incentives for organizations that demonstrate sustained compliance with environmental laws or go above and beyond environmental law requirements to include without limitation: (A) Reduced inspection frequency; (B) Reduced reporting requirements; or (C) Advanced notification of inspections and enforcement rulings. (4) The voluntary environmental stewardship program shall include tiers commensurate with and appropriate to the environmental impacts of an organization's facilities, activities, products, or services, and be based on an organization's level of commitment to the voluntary environmental stewardship program.

(1) The Director of the Division of Environmental Quality may develop, implement, and administer a voluntary environmental stewardship program.

(2) The voluntary environmental stewardship program shall provide recognition for those organizations that have a history of sustained compliance with environmental law requirements or organizations that go above and beyond environmental law requirements.

(3) At the discretion of the director, the voluntary environmental stewardship program shall provide incentives for organizations that demonstrate sustained compliance with environmental laws or go above and beyond environmental law requirements to include without limitation: (A) Reduced inspection frequency; (B) Reduced reporting requirements; or (C) Advanced notification of inspections and enforcement rulings.

(A) Reduced inspection frequency;

(B) Reduced reporting requirements; or

(C) Advanced notification of inspections and enforcement rulings.

(4) The voluntary environmental stewardship program shall include tiers commensurate with and appropriate to the environmental impacts of an organization's facilities, activities, products, or services, and be based on an organization's level of commitment to the voluntary environmental stewardship program.

(c) (1) Participation in the voluntary environmental stewardship program by any organization is voluntary. (2) The division shall approve an organization's membership in the voluntary environmental stewardship program and shall review the organization's membership at least one (1) time every three (3) years. (3) Membership and tier level assignment shall be based on the organization's commitment to: (A) Sustained compliance with environmental laws and history of compliance with environmental laws; (B) Develop, implement, and maintain an environmental management system; (C) Going above and beyond the requirements of environmental laws; (D) Pollution prevention and improving its environmental performance; and (E) Reporting to the division on its environmental performance annually.

(1) Participation in the voluntary environmental stewardship program by any organization is voluntary.

(2) The division shall approve an organization's membership in the voluntary environmental stewardship program and shall review the organization's membership at least one (1) time every three (3) years.

(3) Membership and tier level assignment shall be based on the organization's commitment to: (A) Sustained compliance with environmental laws and history of compliance with environmental laws; (B) Develop, implement, and maintain an environmental management system; (C) Going above and beyond the requirements of environmental laws; (D) Pollution prevention and improving its environmental performance; and (E) Reporting to the division on its environmental performance annually.

(A) Sustained compliance with environmental laws and history of compliance with environmental laws;

(B) Develop, implement, and maintain an environmental management system;

(C) Going above and beyond the requirements of environmental laws;

(D) Pollution prevention and improving its environmental performance; and

(E) Reporting to the division on its environmental performance annually.

(d) (1) Membership in the voluntary environmental stewardship program is not a license or permit under this title. (2) The denial or approval of membership is not an appealable action or an action against the organization under this title.

(1) Membership in the voluntary environmental stewardship program is not a license or permit under this title.

(2) The denial or approval of membership is not an appealable action or an action against the organization under this title.

(e) This section does not permit the violation of state or federal laws.

Amended by Act 2019, No. 315,§ 440, eff. 7/24/2019.

Added by Act 2017, No. 858,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 8-7-1201 — AR Code / Title 8 / Chapter 7 / Subchapter 12 / Section 8-7-1201
Title
Status: in_force

This subchapter may be known and may be cited as the "Abandoned Agricultural Pesticide Disposal Act". Acts 1999, No. 1174, § 1.

This subchapter may be known and may be cited as the "Abandoned Agricultural Pesticide Disposal Act".

Acts 1999, No. 1174, § 1.
Ark. Code Ann. § 8-7-806 — AR Code / Title 8 / Chapter 7 / Subchapter 8 / Section 8-7-806
Penalties - Enforcement
Status: in_force

(a) It shall be unlawful for any person: (1) To violate any provision of this subchapter or any rule adopted under this subchapter; (2) To knowingly make a false statement, representation, or certification in any report or other document submitted under or required by this subchapter or the Petroleum Storage Tank Trust Fund Act, § 8-7-901 et seq., or any rule issued pursuant thereto; or (3) To violate any order issued by the Division of Environmental Quality under this subchapter or any provision of any such order. (b) Any person who knowingly makes a false statement, representation, or certification as described in subdivision (a)(2) of this section shall be subject to a civil penalty not to exceed ten thousand dollars ($10,000) for each such violation. (c) Any owner or operator who fails to give any notification regarding storage tanks required by this subchapter or any rule issued pursuant to this subchapter shall be subject to a civil penalty not to exceed ten thousand dollars ($10,000) for each storage tank for which notification is not given. (d) (1) Any person who violates any provision of this subchapter or of any rule, permit, certification, license, plan, or order issued pursuant thereto or who commits an unlawful act under this section may be assessed an administrative civil penalty not to exceed ten thousand dollars ($10,000) per violation or unlawful act. (2) Each day of a continuing violation or unlawful act may be deemed a separate violation or unlawful act for purposes of civil penalty assessment. (3) If the violation or unlawful act concerns the operation of an underground storage tank, the civil penalty shall not exceed ten thousand dollars ($10,000) for each underground storage tank for each day of violation or unlawful action. (4) No civil penalty may be assessed until the person charged with the violation or unlawful act has been given the opportunity for a hearing in accordance with rules adopted by the Arkansas Pollution Control and Ecology Commission. (5) The administrative procedures set forth in § 8-7-804 may be used to recover all costs, expenses, and damages to the division and any other agency or subdivision of the state in enforcing or effectuating the provisions of this subchapter, including, but not limited to, natural resource damages. (e) The division is authorized to institute a civil action in any court of competent jurisdiction to accomplish any or all of the following: (1) Restrain any violation of or compel compliance with the provisions of this subchapter or of any rule, permit, certification, license, plan, or order issued pursuant to this subchapter or restrain the commission of any unlawful act under this section; (2) Affirmatively order that remedial measures be taken as may be necessary or appropriate to implement or effectuate the purposes and intent of this subchapter; (3) Recover all costs, expenses, and damages to the division and any other agency or subdivision of the state in enforcing or effectuating the provisions of this subchapter, including, but not limited to, natural resource damages; (4) Assess civil penalties in an amount not to exceed ten thousand dollars ($10,000) per day for violations of this subchapter or of any rule, permit, certification, license, plan, or order issued pursuant to this subchapter or for any unlawful act under this section; (5) Recover civil penalties assessed pursuant to subsection (d) of this section; or (6) Forfeit a surety bond purchased pursuant to this subchapter. (f) (1) All civil penalties collected under this section shall be deposited into the Regulated Substance Storage Tank Program Fund. (2) All moneys collected which represent the costs, expenses, or damages of another agency or subdivision of the state shall be distributed to the appropriate governmental entity. Amended by Act 2019, No. 315,§ 655, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 654, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 653, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 652, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 651, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 650, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2794, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2793, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2792, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2791, eff. 7/1/2019. Acts 1989, No. 172, § 6; 1993, No. 810, § 4; 2003, No. 486, § 1.

(a) It shall be unlawful for any person: (1) To violate any provision of this subchapter or any rule adopted under this subchapter; (2) To knowingly make a false statement, representation, or certification in any report or other document submitted under or required by this subchapter or the Petroleum Storage Tank Trust Fund Act, § 8-7-901 et seq., or any rule issued pursuant thereto; or (3) To violate any order issued by the Division of Environmental Quality under this subchapter or any provision of any such order.

(1) To violate any provision of this subchapter or any rule adopted under this subchapter;

(2) To knowingly make a false statement, representation, or certification in any report or other document submitted under or required by this subchapter or the Petroleum Storage Tank Trust Fund Act, § 8-7-901 et seq., or any rule issued pursuant thereto; or

(3) To violate any order issued by the Division of Environmental Quality under this subchapter or any provision of any such order.

(b) Any person who knowingly makes a false statement, representation, or certification as described in subdivision (a)(2) of this section shall be subject to a civil penalty not to exceed ten thousand dollars ($10,000) for each such violation.

(c) Any owner or operator who fails to give any notification regarding storage tanks required by this subchapter or any rule issued pursuant to this subchapter shall be subject to a civil penalty not to exceed ten thousand dollars ($10,000) for each storage tank for which notification is not given.

(d) (1) Any person who violates any provision of this subchapter or of any rule, permit, certification, license, plan, or order issued pursuant thereto or who commits an unlawful act under this section may be assessed an administrative civil penalty not to exceed ten thousand dollars ($10,000) per violation or unlawful act. (2) Each day of a continuing violation or unlawful act may be deemed a separate violation or unlawful act for purposes of civil penalty assessment. (3) If the violation or unlawful act concerns the operation of an underground storage tank, the civil penalty shall not exceed ten thousand dollars ($10,000) for each underground storage tank for each day of violation or unlawful action. (4) No civil penalty may be assessed until the person charged with the violation or unlawful act has been given the opportunity for a hearing in accordance with rules adopted by the Arkansas Pollution Control and Ecology Commission. (5) The administrative procedures set forth in § 8-7-804 may be used to recover all costs, expenses, and damages to the division and any other agency or subdivision of the state in enforcing or effectuating the provisions of this subchapter, including, but not limited to, natural resource damages.

(1) Any person who violates any provision of this subchapter or of any rule, permit, certification, license, plan, or order issued pursuant thereto or who commits an unlawful act under this section may be assessed an administrative civil penalty not to exceed ten thousand dollars ($10,000) per violation or unlawful act.

(2) Each day of a continuing violation or unlawful act may be deemed a separate violation or unlawful act for purposes of civil penalty assessment.

(3) If the violation or unlawful act concerns the operation of an underground storage tank, the civil penalty shall not exceed ten thousand dollars ($10,000) for each underground storage tank for each day of violation or unlawful action.

(4) No civil penalty may be assessed until the person charged with the violation or unlawful act has been given the opportunity for a hearing in accordance with rules adopted by the Arkansas Pollution Control and Ecology Commission.

(5) The administrative procedures set forth in § 8-7-804 may be used to recover all costs, expenses, and damages to the division and any other agency or subdivision of the state in enforcing or effectuating the provisions of this subchapter, including, but not limited to, natural resource damages.

(e) The division is authorized to institute a civil action in any court of competent jurisdiction to accomplish any or all of the following: (1) Restrain any violation of or compel compliance with the provisions of this subchapter or of any rule, permit, certification, license, plan, or order issued pursuant to this subchapter or restrain the commission of any unlawful act under this section; (2) Affirmatively order that remedial measures be taken as may be necessary or appropriate to implement or effectuate the purposes and intent of this subchapter; (3) Recover all costs, expenses, and damages to the division and any other agency or subdivision of the state in enforcing or effectuating the provisions of this subchapter, including, but not limited to, natural resource damages; (4) Assess civil penalties in an amount not to exceed ten thousand dollars ($10,000) per day for violations of this subchapter or of any rule, permit, certification, license, plan, or order issued pursuant to this subchapter or for any unlawful act under this section; (5) Recover civil penalties assessed pursuant to subsection (d) of this section; or (6) Forfeit a surety bond purchased pursuant to this subchapter.

(1) Restrain any violation of or compel compliance with the provisions of this subchapter or of any rule, permit, certification, license, plan, or order issued pursuant to this subchapter or restrain the commission of any unlawful act under this section;

(2) Affirmatively order that remedial measures be taken as may be necessary or appropriate to implement or effectuate the purposes and intent of this subchapter;

(3) Recover all costs, expenses, and damages to the division and any other agency or subdivision of the state in enforcing or effectuating the provisions of this subchapter, including, but not limited to, natural resource damages;

(4) Assess civil penalties in an amount not to exceed ten thousand dollars ($10,000) per day for violations of this subchapter or of any rule, permit, certification, license, plan, or order issued pursuant to this subchapter or for any unlawful act under this section;

(5) Recover civil penalties assessed pursuant to subsection (d) of this section; or

(6) Forfeit a surety bond purchased pursuant to this subchapter.

(f) (1) All civil penalties collected under this section shall be deposited into the Regulated Substance Storage Tank Program Fund. (2) All moneys collected which represent the costs, expenses, or damages of another agency or subdivision of the state shall be distributed to the appropriate governmental entity.

(1) All civil penalties collected under this section shall be deposited into the Regulated Substance Storage Tank Program Fund.

(2) All moneys collected which represent the costs, expenses, or damages of another agency or subdivision of the state shall be distributed to the appropriate governmental entity.

Amended by Act 2019, No. 315,§ 655, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 654, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 653, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 652, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 651, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 650, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2794, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2793, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2792, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2791, eff. 7/1/2019.

Acts 1989, No. 172, § 6; 1993, No. 810, § 4; 2003, No. 486, § 1.
Ark. Code Ann. § 8-6-1205 — AR Code / Title 8 / Chapter 6 / Subchapter 12 / Section 8-6-1205
Adoption of disposal criteria - Petroleum-contaminated soils
Status: in_force

(a) (1) Within eighteen (18) months after the date of enactment of this subchapter, the Arkansas Pollution Control and Ecology Commission shall, after consultation with the Advisory Committee on Petroleum Storage Tanks, adopt criteria for the disposal of petroleum-contaminated soils in landfills that are permitted under the Arkansas Solid Waste Management Act, § 8-6-201 et seq. (2) In adopting such criteria, the commission shall follow the procedures applicable to the adoption of rules under § 8-4-202(a) . (b) The criteria adopted by the commission shall: (1) Define the characteristics of the petroleum-contaminated soils that can be disposed of in permitted landfills; (2) Define the characteristics of landfills suitable for receipt of petroleum-contaminated soils; (3) Assure, to the extent practicable, that reasonable landfill capacity is available for disposal of petroleum-contaminated soils; (4) Consider the financial impact of such criteria on small businesses which need to dispose of petroleum-contaminated soils; (5) Consider whether affordable alternatives are available for the treatment or disposal of petroleum-contaminated soils; and (6) Be protective of public health and the environment. (c) The criteria adopted by the commission shall include a description of appropriate methods for collecting samples and conducting analyses of petroleum-contaminated soils that may be disposed of in permitted landfills to assure the representativeness of the soil mass. Amended by Act 2019, No. 315,§ 573, eff. 7/24/2019. Acts 1991, No. 1183, § 5.

(a) (1) Within eighteen (18) months after the date of enactment of this subchapter, the Arkansas Pollution Control and Ecology Commission shall, after consultation with the Advisory Committee on Petroleum Storage Tanks, adopt criteria for the disposal of petroleum-contaminated soils in landfills that are permitted under the Arkansas Solid Waste Management Act, § 8-6-201 et seq. (2) In adopting such criteria, the commission shall follow the procedures applicable to the adoption of rules under § 8-4-202(a) .

(1) Within eighteen (18) months after the date of enactment of this subchapter, the Arkansas Pollution Control and Ecology Commission shall, after consultation with the Advisory Committee on Petroleum Storage Tanks, adopt criteria for the disposal of petroleum-contaminated soils in landfills that are permitted under the Arkansas Solid Waste Management Act, § 8-6-201 et seq.

(2) In adopting such criteria, the commission shall follow the procedures applicable to the adoption of rules under § 8-4-202(a) .

(b) The criteria adopted by the commission shall: (1) Define the characteristics of the petroleum-contaminated soils that can be disposed of in permitted landfills; (2) Define the characteristics of landfills suitable for receipt of petroleum-contaminated soils; (3) Assure, to the extent practicable, that reasonable landfill capacity is available for disposal of petroleum-contaminated soils; (4) Consider the financial impact of such criteria on small businesses which need to dispose of petroleum-contaminated soils; (5) Consider whether affordable alternatives are available for the treatment or disposal of petroleum-contaminated soils; and (6) Be protective of public health and the environment.

(1) Define the characteristics of the petroleum-contaminated soils that can be disposed of in permitted landfills;

(2) Define the characteristics of landfills suitable for receipt of petroleum-contaminated soils;

(3) Assure, to the extent practicable, that reasonable landfill capacity is available for disposal of petroleum-contaminated soils;

(4) Consider the financial impact of such criteria on small businesses which need to dispose of petroleum-contaminated soils;

(5) Consider whether affordable alternatives are available for the treatment or disposal of petroleum-contaminated soils; and

(6) Be protective of public health and the environment.

(c) The criteria adopted by the commission shall include a description of appropriate methods for collecting samples and conducting analyses of petroleum-contaminated soils that may be disposed of in permitted landfills to assure the representativeness of the soil mass.

Amended by Act 2019, No. 315,§ 573, eff. 7/24/2019.

Acts 1991, No. 1183, § 5.
Ark. Code Ann. § 8-6-806 — AR Code / Title 8 / Chapter 6 / Subchapter 8 / Section 8-6-806
Bonds - Default
Status: in_force

(a) (1) In the event of a default in the payment of the principal of, premium on, if any, or interest on any bonds issued under this subchapter, any court having jurisdiction may appoint a receiver to take charge of all or any part of the project in which there is a mortgage lien or security interest securing the bonds in default. (2) The receiver shall have the power and authority to operate and maintain the project, to charge and collect rates, payments, rents, and charges sufficient to provide for the payment of the principal of, premium on, if any, and interest on the bonds, after providing for the payment of any costs of receivership and operating expenses of the project, and to apply the revenues derived from the project in conformity with this subchapter and the resolution or trust indenture authorizing or securing the bonds. (3) When the default has been cured, the receivership shall be ended and the project returned to the regional solid waste management district. (b) The relief afforded by this section shall be construed to be in addition and supplemental to the remedies that may be afforded the trustee for the bondholders and the bondholders in the resolution or trust indenture authorizing or securing the bonds and shall be so granted and administered as to accord full recognition to priority rights of bondholders as to the pledge of revenues from and the mortgage lien on and security interest in the project as specified in and fixed by the resolutions or trust indentures authorizing or securing successive bond issues. Acts 1991, No. 752, § 4.

(a) (1) In the event of a default in the payment of the principal of, premium on, if any, or interest on any bonds issued under this subchapter, any court having jurisdiction may appoint a receiver to take charge of all or any part of the project in which there is a mortgage lien or security interest securing the bonds in default. (2) The receiver shall have the power and authority to operate and maintain the project, to charge and collect rates, payments, rents, and charges sufficient to provide for the payment of the principal of, premium on, if any, and interest on the bonds, after providing for the payment of any costs of receivership and operating expenses of the project, and to apply the revenues derived from the project in conformity with this subchapter and the resolution or trust indenture authorizing or securing the bonds. (3) When the default has been cured, the receivership shall be ended and the project returned to the regional solid waste management district.

(1) In the event of a default in the payment of the principal of, premium on, if any, or interest on any bonds issued under this subchapter, any court having jurisdiction may appoint a receiver to take charge of all or any part of the project in which there is a mortgage lien or security interest securing the bonds in default.

(2) The receiver shall have the power and authority to operate and maintain the project, to charge and collect rates, payments, rents, and charges sufficient to provide for the payment of the principal of, premium on, if any, and interest on the bonds, after providing for the payment of any costs of receivership and operating expenses of the project, and to apply the revenues derived from the project in conformity with this subchapter and the resolution or trust indenture authorizing or securing the bonds.

(3) When the default has been cured, the receivership shall be ended and the project returned to the regional solid waste management district.

(b) The relief afforded by this section shall be construed to be in addition and supplemental to the remedies that may be afforded the trustee for the bondholders and the bondholders in the resolution or trust indenture authorizing or securing the bonds and shall be so granted and administered as to accord full recognition to priority rights of bondholders as to the pledge of revenues from and the mortgage lien on and security interest in the project as specified in and fixed by the resolutions or trust indentures authorizing or securing successive bond issues.

Acts 1991, No. 752, § 4.
Ark. Code Ann. § 8-6-706 — AR Code / Title 8 / Chapter 6 / Subchapter 7 / Section 8-6-706
Solid waste landfill and transfer station permits
Status: in_force

(a) (1) Before an application for a permit is submitted to the Division of Environmental Quality, an applicant for a solid waste landfill permit or a transfer station permit shall obtain a certificate of need from the regional solid waste management board that has jurisdiction over the proposed site, with the exception of permits for landfills when a private industry bears the expense of operating and maintaining the landfill solely for the disposal of waste generated by the industry or wastes of a similar kind or character under the Arkansas Solid Waste Management Act, § 8-6-201 et seq. (2) The division may deny any permit based upon the denial of a certificate of need by any board. (b) (1) Applicants for a solid waste landfill permit or transfer station permit must petition the board with jurisdiction over the proposed site for a certificate of need in accordance with procedures adopted by the board. (2) The applicant's petition must establish, at a minimum, that the proposed disposal facility: (A) Is consistent with the regional planning strategy adopted by the board in the regional needs assessment or the regional solid waste management plan; (B) Does not conflict with existing comprehensive land use plans of any local governmental entities; (C) Does not disturb an archaeological site as recognized by the Arkansas Archeological Survey or a rare and endangered species habitat as recognized by the Arkansas State Game and Fish Commission or the United States Fish and Wildlife Service; (D) Will not adversely affect the public use of any local, state, or federal facility, including, but not limited to, parks and wildlife management areas; (E) Does not conflict with the requirements of state laws and rules or federal laws and regulations on the location of disposal facilities; (F) If located in the hundred-year floodplain, does not restrict the flow of the hundred-year flood, reduce the temporary water storage capacity of the floodplain, or result in washout of solid waste so as to pose a hazard to human health or the environment; and (G) If the transfer station proposes to transfer waste outside of the regional solid waste management district in which it is located, the petition shall also contain documentation that the district to which the waste will be transferred has been notified and that the board of that district has approved the receipt of the waste. This provision shall not apply if the waste is being transported for disposal outside the geographical limits of this state. (c) Any interested party to a certificate of need determination by a board may appeal the decision to the Director of the Division of Environmental Quality pursuant to procedures adopted by the Arkansas Pollution Control and Ecology Commission. The director may issue a permit despite the denial of a certificate of need if the director finds upon appeal that the decision of the board was not supported by substantial evidence. (d) After notice and a public hearing to be held by the board in the county where the proposed landfill or transfer station is to be located, a certificate of need shall be issued or denied by the board based upon an evaluation of: (1) The information provided by the applicant in the petition for a certificate of need; (2) The requirements and considerations of any needs assessments prepared pursuant to this section; (3) The location of the applicant's proposed landfill or transfer station based on the district's needs and its highway and road system; (4) For landfill permits, the board shall consider the need for the landfill based upon the district's excess projected capacity which is currently permitted for operation, but in no event shall the district's excess permitted projected capacity exceed thirty (30) years, unless the city or county government within whose jurisdiction the proposed landfill is located authorizes through adoption of a resolution approval of the excess capacity; (5) Any solid waste management system plans promulgated and approved pursuant to §§ 8-6-211 and 8-6-212 to the extent these solid waste management system plans conform to an overall regional planning strategy; (6) A detailed history of the applicant's record and that of the stockholders and officers with respect to violations of environmental laws, rules, and regulations of the United States or any state or any political subdivision of any state; and (7) Any procedures adopted by the board for issuance of a certificate of need. (e) All landfill permit applications shall specify the service areas which the landfill will serve under the permit. (f) All transfer station permit applications shall specify the service areas which the transfer station shall serve under the permit and shall also specify the facility to which waste from the transfer station will be transferred. Amended by Act 2019, No. 315,§ 549, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 548, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2650, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2649, eff. 7/1/2019. Acts 1989, No. 870, §§ 6, 8; 1991, No. 9, § 1; 1991, No. 752, § 2; 1999, No. 631, § 1; 1999, No. 1164, § 73; 2003, No. 672, § 1; 2007, No. 208, § 1.

(a) (1) Before an application for a permit is submitted to the Division of Environmental Quality, an applicant for a solid waste landfill permit or a transfer station permit shall obtain a certificate of need from the regional solid waste management board that has jurisdiction over the proposed site, with the exception of permits for landfills when a private industry bears the expense of operating and maintaining the landfill solely for the disposal of waste generated by the industry or wastes of a similar kind or character under the Arkansas Solid Waste Management Act, § 8-6-201 et seq. (2) The division may deny any permit based upon the denial of a certificate of need by any board.

(1) Before an application for a permit is submitted to the Division of Environmental Quality, an applicant for a solid waste landfill permit or a transfer station permit shall obtain a certificate of need from the regional solid waste management board that has jurisdiction over the proposed site, with the exception of permits for landfills when a private industry bears the expense of operating and maintaining the landfill solely for the disposal of waste generated by the industry or wastes of a similar kind or character under the Arkansas Solid Waste Management Act, § 8-6-201 et seq.

(2) The division may deny any permit based upon the denial of a certificate of need by any board.

(b) (1) Applicants for a solid waste landfill permit or transfer station permit must petition the board with jurisdiction over the proposed site for a certificate of need in accordance with procedures adopted by the board. (2) The applicant's petition must establish, at a minimum, that the proposed disposal facility: (A) Is consistent with the regional planning strategy adopted by the board in the regional needs assessment or the regional solid waste management plan; (B) Does not conflict with existing comprehensive land use plans of any local governmental entities; (C) Does not disturb an archaeological site as recognized by the Arkansas Archeological Survey or a rare and endangered species habitat as recognized by the Arkansas State Game and Fish Commission or the United States Fish and Wildlife Service; (D) Will not adversely affect the public use of any local, state, or federal facility, including, but not limited to, parks and wildlife management areas; (E) Does not conflict with the requirements of state laws and rules or federal laws and regulations on the location of disposal facilities; (F) If located in the hundred-year floodplain, does not restrict the flow of the hundred-year flood, reduce the temporary water storage capacity of the floodplain, or result in washout of solid waste so as to pose a hazard to human health or the environment; and (G) If the transfer station proposes to transfer waste outside of the regional solid waste management district in which it is located, the petition shall also contain documentation that the district to which the waste will be transferred has been notified and that the board of that district has approved the receipt of the waste. This provision shall not apply if the waste is being transported for disposal outside the geographical limits of this state.

(1) Applicants for a solid waste landfill permit or transfer station permit must petition the board with jurisdiction over the proposed site for a certificate of need in accordance with procedures adopted by the board.

(2) The applicant's petition must establish, at a minimum, that the proposed disposal facility: (A) Is consistent with the regional planning strategy adopted by the board in the regional needs assessment or the regional solid waste management plan; (B) Does not conflict with existing comprehensive land use plans of any local governmental entities; (C) Does not disturb an archaeological site as recognized by the Arkansas Archeological Survey or a rare and endangered species habitat as recognized by the Arkansas State Game and Fish Commission or the United States Fish and Wildlife Service; (D) Will not adversely affect the public use of any local, state, or federal facility, including, but not limited to, parks and wildlife management areas; (E) Does not conflict with the requirements of state laws and rules or federal laws and regulations on the location of disposal facilities; (F) If located in the hundred-year floodplain, does not restrict the flow of the hundred-year flood, reduce the temporary water storage capacity of the floodplain, or result in washout of solid waste so as to pose a hazard to human health or the environment; and (G) If the transfer station proposes to transfer waste outside of the regional solid waste management district in which it is located, the petition shall also contain documentation that the district to which the waste will be transferred has been notified and that the board of that district has approved the receipt of the waste. This provision shall not apply if the waste is being transported for disposal outside the geographical limits of this state.

(A) Is consistent with the regional planning strategy adopted by the board in the regional needs assessment or the regional solid waste management plan;

(B) Does not conflict with existing comprehensive land use plans of any local governmental entities;

(C) Does not disturb an archaeological site as recognized by the Arkansas Archeological Survey or a rare and endangered species habitat as recognized by the Arkansas State Game and Fish Commission or the United States Fish and Wildlife Service;

(D) Will not adversely affect the public use of any local, state, or federal facility, including, but not limited to, parks and wildlife management areas;

(E) Does not conflict with the requirements of state laws and rules or federal laws and regulations on the location of disposal facilities;

(F) If located in the hundred-year floodplain, does not restrict the flow of the hundred-year flood, reduce the temporary water storage capacity of the floodplain, or result in washout of solid waste so as to pose a hazard to human health or the environment; and

(G) If the transfer station proposes to transfer waste outside of the regional solid waste management district in which it is located, the petition shall also contain documentation that the district to which the waste will be transferred has been notified and that the board of that district has approved the receipt of the waste. This provision shall not apply if the waste is being transported for disposal outside the geographical limits of this state.

(c) Any interested party to a certificate of need determination by a board may appeal the decision to the Director of the Division of Environmental Quality pursuant to procedures adopted by the Arkansas Pollution Control and Ecology Commission. The director may issue a permit despite the denial of a certificate of need if the director finds upon appeal that the decision of the board was not supported by substantial evidence.

(d) After notice and a public hearing to be held by the board in the county where the proposed landfill or transfer station is to be located, a certificate of need shall be issued or denied by the board based upon an evaluation of: (1) The information provided by the applicant in the petition for a certificate of need; (2) The requirements and considerations of any needs assessments prepared pursuant to this section; (3) The location of the applicant's proposed landfill or transfer station based on the district's needs and its highway and road system; (4) For landfill permits, the board shall consider the need for the landfill based upon the district's excess projected capacity which is currently permitted for operation, but in no event shall the district's excess permitted projected capacity exceed thirty (30) years, unless the city or county government within whose jurisdiction the proposed landfill is located authorizes through adoption of a resolution approval of the excess capacity; (5) Any solid waste management system plans promulgated and approved pursuant to §§ 8-6-211 and 8-6-212 to the extent these solid waste management system plans conform to an overall regional planning strategy; (6) A detailed history of the applicant's record and that of the stockholders and officers with respect to violations of environmental laws, rules, and regulations of the United States or any state or any political subdivision of any state; and (7) Any procedures adopted by the board for issuance of a certificate of need.

(1) The information provided by the applicant in the petition for a certificate of need;

(2) The requirements and considerations of any needs assessments prepared pursuant to this section;

(3) The location of the applicant's proposed landfill or transfer station based on the district's needs and its highway and road system;

(4) For landfill permits, the board shall consider the need for the landfill based upon the district's excess projected capacity which is currently permitted for operation, but in no event shall the district's excess permitted projected capacity exceed thirty (30) years, unless the city or county government within whose jurisdiction the proposed landfill is located authorizes through adoption of a resolution approval of the excess capacity;

(5) Any solid waste management system plans promulgated and approved pursuant to §§ 8-6-211 and 8-6-212 to the extent these solid waste management system plans conform to an overall regional planning strategy;

(6) A detailed history of the applicant's record and that of the stockholders and officers with respect to violations of environmental laws, rules, and regulations of the United States or any state or any political subdivision of any state; and

(7) Any procedures adopted by the board for issuance of a certificate of need.

(e) All landfill permit applications shall specify the service areas which the landfill will serve under the permit.

(f) All transfer station permit applications shall specify the service areas which the transfer station shall serve under the permit and shall also specify the facility to which waste from the transfer station will be transferred.

Amended by Act 2019, No. 315,§ 549, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 548, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2650, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2649, eff. 7/1/2019.

Acts 1989, No. 870, §§ 6, 8; 1991, No. 9, § 1; 1991, No. 752, § 2; 1999, No. 631, § 1; 1999, No. 1164, § 73; 2003, No. 672, § 1; 2007, No. 208, § 1.
Ark. Code Ann. § 8-5-206 — AR Code / Title 8 / Chapter 5 / Subchapter 2 / Section 8-5-206
Classification of wastewater treatment plants
Status: in_force

(a) The Arkansas Pollution Control and Ecology Commission shall, through rules, classify all wastewater treatment plants, taking into account: (1) The size, type, and complexity of the wastewater treatment plant; (2) The character and volume of wastewater treated; (3) The population served; (4) The skill, knowledge, and experience reasonably required to supervise the proper operation of the wastewater treatment plant; and (5) Such other factors as the commission shall deem appropriate. (b) The Division of Environmental Quality shall license persons as to their qualifications to supervise successfully the proper operation of wastewater treatment plants within classifications based on the recommendations of the licensing committee. Amended by Act 2019, No. 315,§ 505, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2560, eff. 7/1/2019. Acts 1971, No. 211, § 5; A.S.A. 1947, § 82-1987; Acts 1997, No. 1219, § 7.

(a) The Arkansas Pollution Control and Ecology Commission shall, through rules, classify all wastewater treatment plants, taking into account: (1) The size, type, and complexity of the wastewater treatment plant; (2) The character and volume of wastewater treated; (3) The population served; (4) The skill, knowledge, and experience reasonably required to supervise the proper operation of the wastewater treatment plant; and (5) Such other factors as the commission shall deem appropriate.

(1) The size, type, and complexity of the wastewater treatment plant;

(2) The character and volume of wastewater treated;

(3) The population served;

(4) The skill, knowledge, and experience reasonably required to supervise the proper operation of the wastewater treatment plant; and

(5) Such other factors as the commission shall deem appropriate.

(b) The Division of Environmental Quality shall license persons as to their qualifications to supervise successfully the proper operation of wastewater treatment plants within classifications based on the recommendations of the licensing committee.

Amended by Act 2019, No. 315,§ 505, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2560, eff. 7/1/2019.

Acts 1971, No. 211, § 5; A.S.A. 1947, § 82-1987; Acts 1997, No. 1219, § 7.
Ark. Code Ann. § 8-5-501 — AR Code / Title 8 / Chapter 5 / Subchapter 5 / Section 8-5-501
Regulation of systems generally
Status: in_force

(a) (1) The Arkansas Pollution Control and Ecology Commission and the Oil and Gas Commission are empowered to establish reasonable rules and specifications for the establishment and operation of underground salt water disposal systems to be used in disposing of salt water produced in the production of oil. (2) (A) Any person wishing to establish an approved underground salt water disposal system shall make application to the Arkansas Pollution Control and Ecology Commission and the Oil and Gas Commission for a permit to construct and operate the underground salt water disposal system for the purpose of obtaining the benefits of the provisions of this section, §§ 8-5-502 , 26-58-201 - 26-58-204 , 26-58-206 , 26-58-207 [repealed], 26-58-208 - 26-58-210 , and 26-58-211 [repealed]. (B) The application shall include: (i) A description of the underground salt water disposal system that is to be established; (ii) The plans and specifications thereof; (iii) The location of the underground salt water disposal system and the number and location of the salt water producing oil wells to be served by the underground salt water disposal system; (iv) The name of each oil producer to be served; (v) A description of the underground level or strata into which the salt water is to be injected; and (vi) Such other information as may be required by rules of the Arkansas Pollution Control and Ecology Commission and the Oil and Gas Commission. (b) (1) If the Arkansas Pollution Control and Ecology Commission and the Oil and Gas Commission determine that the underground salt water disposal system for which application is made will meet the requirements of this section, §§ 8-5-502 , 26-58-201 - 26-58-204 , 26-58-206 , 26-58-207 [repealed], 26-58-208 - 26-58-210 , and 26-58-211 [repealed], and the rules of the Arkansas Pollution Control and Ecology Commission and the Oil and Gas Commission, a permit for the establishment of the underground salt water disposal system shall be issued. (2) (A) Upon the completion of the underground salt water disposal system, the commission granting the permit provided for in this section shall cause an inspection of the underground salt water disposal system to be made. (B) (i) If the commission determines that the underground salt water disposal system is in compliance with the requirements of this section, §§ 8-5-502 , 26-58-201 - 26-58-204 , 26-58-206 , 26-58-207 [repealed], 26-58-208 - 26-58-210 , and 26-58-211 [repealed], and the rules of the commission, a certificate of approval of the underground salt water disposal system shall be granted. (ii) The certificate of approval shall be signed by the chair and secretary of the commission. (iii) Copies of the certificate of approval shall be furnished, upon application therefor, to each oil producer who disposes of salt water through such approved underground salt water disposal system. (3) (A) The commission granting the certificate of approval shall, from time to time, inspect the approved underground salt water disposal system. (B) (i) If a determination is made that the underground salt water disposal system is being operated in a manner contrary to the provisions of this section, §§ 8-5-502 , 26-58-201 - 26-58-204 , 26-58-206 , 26-58-207 [repealed], 26-58-208 - 26-58-210 , and 26-58-211 [repealed], or the rules of the commission, the commission may revoke the certificate of approval until such time as a showing may be made that the deficiencies in the underground salt water disposal system have been corrected to the satisfaction of the commission. (ii) No oil producer shall be entitled to the benefits of the provisions of this section, §§ 8-5-502 , 26-58-201 - 26-58-204 , 26-58-206 , 26-58-207 [repealed], 26-58-208 - 26-58-210 , and 26-58-211 [repealed], during the period in which the certificate of approval is revoked. Amended by Act 2019, No. 315,§ 514, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 513, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 512, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 511, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 510, eff. 7/24/2019. Acts 1959, No. 57, § 4; A.S.A. 1947, § 84-2116.

(a) (1) The Arkansas Pollution Control and Ecology Commission and the Oil and Gas Commission are empowered to establish reasonable rules and specifications for the establishment and operation of underground salt water disposal systems to be used in disposing of salt water produced in the production of oil. (2) (A) Any person wishing to establish an approved underground salt water disposal system shall make application to the Arkansas Pollution Control and Ecology Commission and the Oil and Gas Commission for a permit to construct and operate the underground salt water disposal system for the purpose of obtaining the benefits of the provisions of this section, §§ 8-5-502 , 26-58-201 - 26-58-204 , 26-58-206 , 26-58-207 [repealed], 26-58-208 - 26-58-210 , and 26-58-211 [repealed]. (B) The application shall include: (i) A description of the underground salt water disposal system that is to be established; (ii) The plans and specifications thereof; (iii) The location of the underground salt water disposal system and the number and location of the salt water producing oil wells to be served by the underground salt water disposal system; (iv) The name of each oil producer to be served; (v) A description of the underground level or strata into which the salt water is to be injected; and (vi) Such other information as may be required by rules of the Arkansas Pollution Control and Ecology Commission and the Oil and Gas Commission.

(1) The Arkansas Pollution Control and Ecology Commission and the Oil and Gas Commission are empowered to establish reasonable rules and specifications for the establishment and operation of underground salt water disposal systems to be used in disposing of salt water produced in the production of oil.

(2) (A) Any person wishing to establish an approved underground salt water disposal system shall make application to the Arkansas Pollution Control and Ecology Commission and the Oil and Gas Commission for a permit to construct and operate the underground salt water disposal system for the purpose of obtaining the benefits of the provisions of this section, §§ 8-5-502 , 26-58-201 - 26-58-204 , 26-58-206 , 26-58-207 [repealed], 26-58-208 - 26-58-210 , and 26-58-211 [repealed]. (B) The application shall include: (i) A description of the underground salt water disposal system that is to be established; (ii) The plans and specifications thereof; (iii) The location of the underground salt water disposal system and the number and location of the salt water producing oil wells to be served by the underground salt water disposal system; (iv) The name of each oil producer to be served; (v) A description of the underground level or strata into which the salt water is to be injected; and (vi) Such other information as may be required by rules of the Arkansas Pollution Control and Ecology Commission and the Oil and Gas Commission.

(A) Any person wishing to establish an approved underground salt water disposal system shall make application to the Arkansas Pollution Control and Ecology Commission and the Oil and Gas Commission for a permit to construct and operate the underground salt water disposal system for the purpose of obtaining the benefits of the provisions of this section, §§ 8-5-502 , 26-58-201 - 26-58-204 , 26-58-206 , 26-58-207 [repealed], 26-58-208 - 26-58-210 , and 26-58-211 [repealed].

(B) The application shall include: (i) A description of the underground salt water disposal system that is to be established; (ii) The plans and specifications thereof; (iii) The location of the underground salt water disposal system and the number and location of the salt water producing oil wells to be served by the underground salt water disposal system; (iv) The name of each oil producer to be served; (v) A description of the underground level or strata into which the salt water is to be injected; and (vi) Such other information as may be required by rules of the Arkansas Pollution Control and Ecology Commission and the Oil and Gas Commission.

(i) A description of the underground salt water disposal system that is to be established;

(ii) The plans and specifications thereof;

(iii) The location of the underground salt water disposal system and the number and location of the salt water producing oil wells to be served by the underground salt water disposal system;

(iv) The name of each oil producer to be served;

(v) A description of the underground level or strata into which the salt water is to be injected; and

(vi) Such other information as may be required by rules of the Arkansas Pollution Control and Ecology Commission and the Oil and Gas Commission.

(b) (1) If the Arkansas Pollution Control and Ecology Commission and the Oil and Gas Commission determine that the underground salt water disposal system for which application is made will meet the requirements of this section, §§ 8-5-502 , 26-58-201 - 26-58-204 , 26-58-206 , 26-58-207 [repealed], 26-58-208 - 26-58-210 , and 26-58-211 [repealed], and the rules of the Arkansas Pollution Control and Ecology Commission and the Oil and Gas Commission, a permit for the establishment of the underground salt water disposal system shall be issued. (2) (A) Upon the completion of the underground salt water disposal system, the commission granting the permit provided for in this section shall cause an inspection of the underground salt water disposal system to be made. (B) (i) If the commission determines that the underground salt water disposal system is in compliance with the requirements of this section, §§ 8-5-502 , 26-58-201 - 26-58-204 , 26-58-206 , 26-58-207 [repealed], 26-58-208 - 26-58-210 , and 26-58-211 [repealed], and the rules of the commission, a certificate of approval of the underground salt water disposal system shall be granted. (ii) The certificate of approval shall be signed by the chair and secretary of the commission. (iii) Copies of the certificate of approval shall be furnished, upon application therefor, to each oil producer who disposes of salt water through such approved underground salt water disposal system. (3) (A) The commission granting the certificate of approval shall, from time to time, inspect the approved underground salt water disposal system. (B) (i) If a determination is made that the underground salt water disposal system is being operated in a manner contrary to the provisions of this section, §§ 8-5-502 , 26-58-201 - 26-58-204 , 26-58-206 , 26-58-207 [repealed], 26-58-208 - 26-58-210 , and 26-58-211 [repealed], or the rules of the commission, the commission may revoke the certificate of approval until such time as a showing may be made that the deficiencies in the underground salt water disposal system have been corrected to the satisfaction of the commission. (ii) No oil producer shall be entitled to the benefits of the provisions of this section, §§ 8-5-502 , 26-58-201 - 26-58-204 , 26-58-206 , 26-58-207 [repealed], 26-58-208 - 26-58-210 , and 26-58-211 [repealed], during the period in which the certificate of approval is revoked.

(1) If the Arkansas Pollution Control and Ecology Commission and the Oil and Gas Commission determine that the underground salt water disposal system for which application is made will meet the requirements of this section, §§ 8-5-502 , 26-58-201 - 26-58-204 , 26-58-206 , 26-58-207 [repealed], 26-58-208 - 26-58-210 , and 26-58-211 [repealed], and the rules of the Arkansas Pollution Control and Ecology Commission and the Oil and Gas Commission, a permit for the establishment of the underground salt water disposal system shall be issued.

(2) (A) Upon the completion of the underground salt water disposal system, the commission granting the permit provided for in this section shall cause an inspection of the underground salt water disposal system to be made. (B) (i) If the commission determines that the underground salt water disposal system is in compliance with the requirements of this section, §§ 8-5-502 , 26-58-201 - 26-58-204 , 26-58-206 , 26-58-207 [repealed], 26-58-208 - 26-58-210 , and 26-58-211 [repealed], and the rules of the commission, a certificate of approval of the underground salt water disposal system shall be granted. (ii) The certificate of approval shall be signed by the chair and secretary of the commission. (iii) Copies of the certificate of approval shall be furnished, upon application therefor, to each oil producer who disposes of salt water through such approved underground salt water disposal system.

(A) Upon the completion of the underground salt water disposal system, the commission granting the permit provided for in this section shall cause an inspection of the underground salt water disposal system to be made.

(B) (i) If the commission determines that the underground salt water disposal system is in compliance with the requirements of this section, §§ 8-5-502 , 26-58-201 - 26-58-204 , 26-58-206 , 26-58-207 [repealed], 26-58-208 - 26-58-210 , and 26-58-211 [repealed], and the rules of the commission, a certificate of approval of the underground salt water disposal system shall be granted. (ii) The certificate of approval shall be signed by the chair and secretary of the commission. (iii) Copies of the certificate of approval shall be furnished, upon application therefor, to each oil producer who disposes of salt water through such approved underground salt water disposal system.

(i) If the commission determines that the underground salt water disposal system is in compliance with the requirements of this section, §§ 8-5-502 , 26-58-201 - 26-58-204 , 26-58-206 , 26-58-207 [repealed], 26-58-208 - 26-58-210 , and 26-58-211 [repealed], and the rules of the commission, a certificate of approval of the underground salt water disposal system shall be granted.

(ii) The certificate of approval shall be signed by the chair and secretary of the commission.

(iii) Copies of the certificate of approval shall be furnished, upon application therefor, to each oil producer who disposes of salt water through such approved underground salt water disposal system.

(3) (A) The commission granting the certificate of approval shall, from time to time, inspect the approved underground salt water disposal system. (B) (i) If a determination is made that the underground salt water disposal system is being operated in a manner contrary to the provisions of this section, §§ 8-5-502 , 26-58-201 - 26-58-204 , 26-58-206 , 26-58-207 [repealed], 26-58-208 - 26-58-210 , and 26-58-211 [repealed], or the rules of the commission, the commission may revoke the certificate of approval until such time as a showing may be made that the deficiencies in the underground salt water disposal system have been corrected to the satisfaction of the commission. (ii) No oil producer shall be entitled to the benefits of the provisions of this section, §§ 8-5-502 , 26-58-201 - 26-58-204 , 26-58-206 , 26-58-207 [repealed], 26-58-208 - 26-58-210 , and 26-58-211 [repealed], during the period in which the certificate of approval is revoked.

(A) The commission granting the certificate of approval shall, from time to time, inspect the approved underground salt water disposal system.

(B) (i) If a determination is made that the underground salt water disposal system is being operated in a manner contrary to the provisions of this section, §§ 8-5-502 , 26-58-201 - 26-58-204 , 26-58-206 , 26-58-207 [repealed], 26-58-208 - 26-58-210 , and 26-58-211 [repealed], or the rules of the commission, the commission may revoke the certificate of approval until such time as a showing may be made that the deficiencies in the underground salt water disposal system have been corrected to the satisfaction of the commission. (ii) No oil producer shall be entitled to the benefits of the provisions of this section, §§ 8-5-502 , 26-58-201 - 26-58-204 , 26-58-206 , 26-58-207 [repealed], 26-58-208 - 26-58-210 , and 26-58-211 [repealed], during the period in which the certificate of approval is revoked.

(i) If a determination is made that the underground salt water disposal system is being operated in a manner contrary to the provisions of this section, §§ 8-5-502 , 26-58-201 - 26-58-204 , 26-58-206 , 26-58-207 [repealed], 26-58-208 - 26-58-210 , and 26-58-211 [repealed], or the rules of the commission, the commission may revoke the certificate of approval until such time as a showing may be made that the deficiencies in the underground salt water disposal system have been corrected to the satisfaction of the commission.

(ii) No oil producer shall be entitled to the benefits of the provisions of this section, §§ 8-5-502 , 26-58-201 - 26-58-204 , 26-58-206 , 26-58-207 [repealed], 26-58-208 - 26-58-210 , and 26-58-211 [repealed], during the period in which the certificate of approval is revoked.

Amended by Act 2019, No. 315,§ 514, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 513, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 512, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 511, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 510, eff. 7/24/2019.

Acts 1959, No. 57, § 4; A.S.A. 1947, § 84-2116.
Ark. Code Ann. § 8-8-201 — AR Code / Title 8 / Chapter 8 / Subchapter 2 / Section 8-8-201
Penalties
Status: in_force

(a) Any person who violates any provision of this subchapter or commits any unlawful act under this subchapter shall be guilty of a misdemeanor. Upon conviction, that person shall be subject to imprisonment for not more than one (1) year or a fine of not more than ten thousand dollars ($10,000), or subject to both such fine and imprisonment. Each day or part of a day during which the violation is continued or repeated shall constitute a separate offense. (b) Any person who violates any provision of this subchapter or commits any unlawful act under this subchapter shall be subject to a civil penalty in such amount as the court shall find appropriate, not to exceed twenty-five thousand dollars ($25,000) per day of such violation, to the payment of any expenses reasonably incurred by the state in removing, correcting, or terminating any adverse effects resulting therefrom, including the cost of the investigation, inspection, or survey establishing such violation or unlawful act, and the payment to the state of reasonable compensation of any actual damage resulting therefrom. Acts 1983, No. 9, § 5; A.S.A. 1947, § 82-4405.

(a) Any person who violates any provision of this subchapter or commits any unlawful act under this subchapter shall be guilty of a misdemeanor. Upon conviction, that person shall be subject to imprisonment for not more than one (1) year or a fine of not more than ten thousand dollars ($10,000), or subject to both such fine and imprisonment. Each day or part of a day during which the violation is continued or repeated shall constitute a separate offense.

(b) Any person who violates any provision of this subchapter or commits any unlawful act under this subchapter shall be subject to a civil penalty in such amount as the court shall find appropriate, not to exceed twenty-five thousand dollars ($25,000) per day of such violation, to the payment of any expenses reasonably incurred by the state in removing, correcting, or terminating any adverse effects resulting therefrom, including the cost of the investigation, inspection, or survey establishing such violation or unlawful act, and the payment to the state of reasonable compensation of any actual damage resulting therefrom.

Acts 1983, No. 9, § 5; A.S.A. 1947, § 82-4405.
Ark. Code Ann. § 8-5-503 — AR Code / Title 8 / Chapter 5 / Subchapter 5 / Section 8-5-503
Denial of tax deductions
Status: in_force

(a) Should any individual, partnership, corporation, or employee knowingly or negligently cause, let, or permit salt water to flow, seep, or otherwise escape from the leased premises, the rights of the party to claim tax deductions or credits under §§ 8-5-501 , 8-5-502 , 26-58-201 - 26-58-206 , 26-58-207 [repealed], and 26-58-208 - 26-58-210 , will be denied for a period of twelve (12) months. (b) (1) Any individual can file a complaint before the Arkansas Pollution Control and Ecology Commission against anyone for violations of this section and secure a hearing. (2) (A) If the commission should find that the accused has violated this section, then the violator shall be denied any tax exemption for a period of one (1) year. (B) Any violation of this section during the period of the suspension shall extend the suspension one (1) year from the date of the last violation. Acts 1969, No. 254, §§ 1-3; A.S.A. 1947, §§ 84-2120.1 -- 84-2120.3; Acts 2011, No. 791, § 1.

(a) Should any individual, partnership, corporation, or employee knowingly or negligently cause, let, or permit salt water to flow, seep, or otherwise escape from the leased premises, the rights of the party to claim tax deductions or credits under §§ 8-5-501 , 8-5-502 , 26-58-201 - 26-58-206 , 26-58-207 [repealed], and 26-58-208 - 26-58-210 , will be denied for a period of twelve (12) months.

(b) (1) Any individual can file a complaint before the Arkansas Pollution Control and Ecology Commission against anyone for violations of this section and secure a hearing. (2) (A) If the commission should find that the accused has violated this section, then the violator shall be denied any tax exemption for a period of one (1) year. (B) Any violation of this section during the period of the suspension shall extend the suspension one (1) year from the date of the last violation.

(1) Any individual can file a complaint before the Arkansas Pollution Control and Ecology Commission against anyone for violations of this section and secure a hearing.

(2) (A) If the commission should find that the accused has violated this section, then the violator shall be denied any tax exemption for a period of one (1) year. (B) Any violation of this section during the period of the suspension shall extend the suspension one (1) year from the date of the last violation.

(A) If the commission should find that the accused has violated this section, then the violator shall be denied any tax exemption for a period of one (1) year.

(B) Any violation of this section during the period of the suspension shall extend the suspension one (1) year from the date of the last violation.

Acts 1969, No. 254, §§ 1-3; A.S.A. 1947, §§ 84-2120.1 -- 84-2120.3; Acts 2011, No. 791, § 1.
Ark. Code Ann. § 8-6-219 — AR Code / Title 8 / Chapter 6 / Subchapter 2 / Section 8-6-219
Applicants for permits - Applicability
Status: in_force

(a) An applicant for a new permit under this subchapter or the modification or transfer of a permit shall be a person, partnership, corporation, association, the State of Arkansas, a political subdivision of the state, an improvement district, a sanitation authority, or a solid waste board. (b) This section shall not apply to permits for landfills where a private industry bears the expense of operating and maintaining the landfill solely for the disposal of wastes generated by the industry or wastes of a similar kind or character. Amended by Act 2019, No. 693,§ 13, eff. 7/24/2019. Acts 1991, No. 751, § 4.

(a) An applicant for a new permit under this subchapter or the modification or transfer of a permit shall be a person, partnership, corporation, association, the State of Arkansas, a political subdivision of the state, an improvement district, a sanitation authority, or a solid waste board.

(b) This section shall not apply to permits for landfills where a private industry bears the expense of operating and maintaining the landfill solely for the disposal of wastes generated by the industry or wastes of a similar kind or character.

Amended by Act 2019, No. 693,§ 13, eff. 7/24/2019.

Acts 1991, No. 751, § 4.
Ark. Code Ann. § 8-7-1101 — AR Code / Title 8 / Chapter 7 / Subchapter 11 / Section 8-7-1101
Declaration of policy
Status: in_force

The General Assembly finds and declares as follows: (1) The redevelopment of abandoned industrial, commercial, or agricultural sites or abandoned residential property should be encouraged as a sound land use management policy to prevent the needless development of prime farmland, open spaces, and natural and recreation areas and to prevent urban sprawl; (2) The redevelopment of abandoned sites should be encouraged so that these abandoned sites can be returned to useful, tax-producing properties to protect existing jobs and provide new job opportunities; (3) Persons interested in redeveloping abandoned sites should have a method of determining what their legal liabilities and cleanup responsibilities will be as they plan the reuse of abandoned sites; (4) Incentives should be put in place to encourage prospective purchasers to voluntarily develop and implement cleanup plans of abandoned sites without the need for adversarial enforcement actions by the Division of Environmental Quality; (5) The division now routinely determines, through its permitting policies, when contamination will and will not pose unacceptable risks to public health or the environment, and similar concepts are used in establishing cleanup policies for abandoned sites; (6) Parties and persons responsible under the law for pollution at abandoned sites should perform remedial responses which are fully consistent with existing requirements; (7) As an incentive to promote the redevelopment of abandoned industrial sites, persons not responsible for preexisting pollution at or contamination on abandoned industrial sites should meet alternative cleanup requirements if they acquire title after the nature of conditions at the abandoned industrial site has been disclosed and declare and commit to a specified future land use of the subject abandoned industrial site; and (8) (A) Property transactions at times necessitate title acquisition prior to completion of the actions contemplated at § 8-7-1104(b) -(d) by persons not previously involved with the abandoned site or otherwise considered responsible parties for environmental conditions at an abandoned site. (B) These persons should not be foreclosed from participation under the procedures enacted under this subchapter. (C) Therefore, these persons, at the discretion of the Director of the Division of Environmental Quality, may submit a letter of intent that will set forth the persons' desire to purchase the abandoned site and retain their eligibility for participation in the voluntary cleanup program established by this subchapter. Amended by Act 2019, No. 910,§ 2827, eff. 7/1/2019. Acts 1997, No. 1042, § 1; 1999, No. 1164, § 108; 2001, No. 164, § 1; 2005, No. 1164, § 1.

The General Assembly finds and declares as follows:

(1) The redevelopment of abandoned industrial, commercial, or agricultural sites or abandoned residential property should be encouraged as a sound land use management policy to prevent the needless development of prime farmland, open spaces, and natural and recreation areas and to prevent urban sprawl;

(2) The redevelopment of abandoned sites should be encouraged so that these abandoned sites can be returned to useful, tax-producing properties to protect existing jobs and provide new job opportunities;

(3) Persons interested in redeveloping abandoned sites should have a method of determining what their legal liabilities and cleanup responsibilities will be as they plan the reuse of abandoned sites;

(4) Incentives should be put in place to encourage prospective purchasers to voluntarily develop and implement cleanup plans of abandoned sites without the need for adversarial enforcement actions by the Division of Environmental Quality;

(5) The division now routinely determines, through its permitting policies, when contamination will and will not pose unacceptable risks to public health or the environment, and similar concepts are used in establishing cleanup policies for abandoned sites;

(6) Parties and persons responsible under the law for pollution at abandoned sites should perform remedial responses which are fully consistent with existing requirements;

(7) As an incentive to promote the redevelopment of abandoned industrial sites, persons not responsible for preexisting pollution at or contamination on abandoned industrial sites should meet alternative cleanup requirements if they acquire title after the nature of conditions at the abandoned industrial site has been disclosed and declare and commit to a specified future land use of the subject abandoned industrial site; and

(8) (A) Property transactions at times necessitate title acquisition prior to completion of the actions contemplated at § 8-7-1104(b) -(d) by persons not previously involved with the abandoned site or otherwise considered responsible parties for environmental conditions at an abandoned site. (B) These persons should not be foreclosed from participation under the procedures enacted under this subchapter. (C) Therefore, these persons, at the discretion of the Director of the Division of Environmental Quality, may submit a letter of intent that will set forth the persons' desire to purchase the abandoned site and retain their eligibility for participation in the voluntary cleanup program established by this subchapter.

(A) Property transactions at times necessitate title acquisition prior to completion of the actions contemplated at § 8-7-1104(b) -(d) by persons not previously involved with the abandoned site or otherwise considered responsible parties for environmental conditions at an abandoned site.

(B) These persons should not be foreclosed from participation under the procedures enacted under this subchapter.

(C) Therefore, these persons, at the discretion of the Director of the Division of Environmental Quality, may submit a letter of intent that will set forth the persons' desire to purchase the abandoned site and retain their eligibility for participation in the voluntary cleanup program established by this subchapter.

Amended by Act 2019, No. 910,§ 2827, eff. 7/1/2019.

Acts 1997, No. 1042, § 1; 1999, No. 1164, § 108; 2001, No. 164, § 1; 2005, No. 1164, § 1.
Ark. Code Ann. § 8-7-223 — AR Code / Title 8 / Chapter 7 / Subchapter 2 / Section 8-7-223
Location of landfill
Status: in_force

No hazardous waste landfill disposal facility off the site of generation shall be located within one-half (½) mile of any occupied dwelling unless the applicant shall affirmatively demonstrate and the Division of Environmental Quality shall specifically find that, because of the nature and amounts of the materials to be placed in such hazardous waste landfill disposal facility, a lesser distance will provide adequate margins of safety even under abnormal operating conditions. Amended by Act 2019, No. 910,§ 2739, eff. 7/1/2019. Acts 1979, No. 406, § 5; A.S.A. 1947, § 82-4205.

No hazardous waste landfill disposal facility off the site of generation shall be located within one-half (½) mile of any occupied dwelling unless the applicant shall affirmatively demonstrate and the Division of Environmental Quality shall specifically find that, because of the nature and amounts of the materials to be placed in such hazardous waste landfill disposal facility, a lesser distance will provide adequate margins of safety even under abnormal operating conditions.

Amended by Act 2019, No. 910,§ 2739, eff. 7/1/2019.

Acts 1979, No. 406, § 5; A.S.A. 1947, § 82-4205.