Ark. Code Ann. § 8-4-316 — AR Code / Title 8 / Chapter 4 / Subchapter 3 / Section 8-4-316
Purpose - Open burning of vegetative storm debris
Status: in_force

(a) The purpose of this section is to allow a county to seek preauthorization of open burning sites for vegetative storm debris from the Division of Environmental Quality to accelerate the cleanup process in the event of a natural disaster. (b) Unless otherwise prohibited by federal law, a county may conduct open burning to dispose of vegetative storm debris under the procedures, requirements, and limitations under this section if the county has: (1) Been declared a disaster area by: (A) The county under § 12-75-108 ; (B) The state under § 12-75-107 ; or (C) Federal authorities authorized under federal law to make the declaration; or (2) Otherwise accumulated substantial vegetative storm debris and provided written notice to the division of the accumulation. (c) (1) A county shall only burn vegetative storm debris at a site that has been preassessed by the division to determine that the site is consistent with all state and federal laws and regulations. (2) A county that engages in the open burning of vegetative storm debris at a site that has been preassessed by the division shall comply with this section and the procedures established by the Director of the Division of Environmental Quality. (3) A county may burn vegetative storm debris at no more than four (4) sites at one (1) time unless the director determines that additional open burning sites are necessary. (d) At least three (3) days before the commencement of open burning, the county shall provide written notification to the director that certifies the preassessed site satisfies the requirements of all applicable laws and regulations, unless notification is waived by the director. (e) Open burning under this section shall: (1) Be performed only during daylight hours on Monday through Friday; (2) Not occur on a state or federal holiday; (3) Be completed within one hundred twenty (120) days after the written notice or disaster declaration under subsection (b) of this section unless extended by the director; (4) Be conducted in a manner so as not to create a nuisance to surrounding communities; (5) Be conducted only if: (A) The county is in attainment of the National Ambient Air Quality Standards; (B) A burn ban is not in effect for the county; and (C) Adequate firefighting personnel are available to respond to an emergency at a designated open burning site; (6) Comply with all other applicable state, federal, or local statutes, regulations, rules, ordinances, and orders; and (7) Be conducted no more than two (2) times per calendar year if the county has not been declared a disaster area under subdivision (b)(1) of this section. (f) Open burning under this section shall: (1) Not be conducted within: (A) Five hundred feet (500') of a residence unless the owner of the residence has given written permission for the open burning; or (B) One thousand feet (1,000') of a school; and (2) Exclude any nonvegetative storm debris, including without limitation one (1) or more of the following: (A) Tires; (B) Lumber; (C) Construction debris; (D) Demolished structures; (E) Household wastes; and (F) Trade wastes. (g) (1) The director may require one (1) or more of the following: (A) That a designated open burning site be relocated; (B) That an open burning allowed under this section be prohibited in response to actual or potential violations of state or federal air quality standards in the impacted areas; or (C) An alternative burn period to assure and maintain air quality compliance with National Ambient Air Quality Standards. (2) The director may recommend alternative methods of vegetative storm debris disposal, including without limitation the use of air curtain incinerators or composting to the extent allowed under federal law. (h) (1) A county judge shall not obligate state or federal funds for open burning under this section if the county judge has declared the emergency under § 12-75-108 . (2) However, a county judge may be reimbursed from state or federal funds for the cost of the open burning if the director determines that reimbursement is appropriate. Amended by Act 2019, No. 1060,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2542, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2541, eff. 7/1/2019. Amended by Act 2017, No. 330,§ 1, eff. 8/1/2017. Acts 2005, No. 944, § 1; 2011, No. 10, § 1.

(a) The purpose of this section is to allow a county to seek preauthorization of open burning sites for vegetative storm debris from the Division of Environmental Quality to accelerate the cleanup process in the event of a natural disaster.

(b) Unless otherwise prohibited by federal law, a county may conduct open burning to dispose of vegetative storm debris under the procedures, requirements, and limitations under this section if the county has: (1) Been declared a disaster area by: (A) The county under § 12-75-108 ; (B) The state under § 12-75-107 ; or (C) Federal authorities authorized under federal law to make the declaration; or (2) Otherwise accumulated substantial vegetative storm debris and provided written notice to the division of the accumulation.

(1) Been declared a disaster area by: (A) The county under § 12-75-108 ; (B) The state under § 12-75-107 ; or (C) Federal authorities authorized under federal law to make the declaration; or

(A) The county under § 12-75-108 ;

(B) The state under § 12-75-107 ; or

(C) Federal authorities authorized under federal law to make the declaration; or

(2) Otherwise accumulated substantial vegetative storm debris and provided written notice to the division of the accumulation.

(c) (1) A county shall only burn vegetative storm debris at a site that has been preassessed by the division to determine that the site is consistent with all state and federal laws and regulations. (2) A county that engages in the open burning of vegetative storm debris at a site that has been preassessed by the division shall comply with this section and the procedures established by the Director of the Division of Environmental Quality. (3) A county may burn vegetative storm debris at no more than four (4) sites at one (1) time unless the director determines that additional open burning sites are necessary.

(1) A county shall only burn vegetative storm debris at a site that has been preassessed by the division to determine that the site is consistent with all state and federal laws and regulations.

(2) A county that engages in the open burning of vegetative storm debris at a site that has been preassessed by the division shall comply with this section and the procedures established by the Director of the Division of Environmental Quality.

(3) A county may burn vegetative storm debris at no more than four (4) sites at one (1) time unless the director determines that additional open burning sites are necessary.

(d) At least three (3) days before the commencement of open burning, the county shall provide written notification to the director that certifies the preassessed site satisfies the requirements of all applicable laws and regulations, unless notification is waived by the director.

(e) Open burning under this section shall: (1) Be performed only during daylight hours on Monday through Friday; (2) Not occur on a state or federal holiday; (3) Be completed within one hundred twenty (120) days after the written notice or disaster declaration under subsection (b) of this section unless extended by the director; (4) Be conducted in a manner so as not to create a nuisance to surrounding communities; (5) Be conducted only if: (A) The county is in attainment of the National Ambient Air Quality Standards; (B) A burn ban is not in effect for the county; and (C) Adequate firefighting personnel are available to respond to an emergency at a designated open burning site; (6) Comply with all other applicable state, federal, or local statutes, regulations, rules, ordinances, and orders; and (7) Be conducted no more than two (2) times per calendar year if the county has not been declared a disaster area under subdivision (b)(1) of this section.

(1) Be performed only during daylight hours on Monday through Friday;

(2) Not occur on a state or federal holiday;

(3) Be completed within one hundred twenty (120) days after the written notice or disaster declaration under subsection (b) of this section unless extended by the director;

(4) Be conducted in a manner so as not to create a nuisance to surrounding communities;

(5) Be conducted only if: (A) The county is in attainment of the National Ambient Air Quality Standards; (B) A burn ban is not in effect for the county; and (C) Adequate firefighting personnel are available to respond to an emergency at a designated open burning site;

(A) The county is in attainment of the National Ambient Air Quality Standards;

(B) A burn ban is not in effect for the county; and

(C) Adequate firefighting personnel are available to respond to an emergency at a designated open burning site;

(6) Comply with all other applicable state, federal, or local statutes, regulations, rules, ordinances, and orders; and

(7) Be conducted no more than two (2) times per calendar year if the county has not been declared a disaster area under subdivision (b)(1) of this section.

(f) Open burning under this section shall: (1) Not be conducted within: (A) Five hundred feet (500') of a residence unless the owner of the residence has given written permission for the open burning; or (B) One thousand feet (1,000') of a school; and (2) Exclude any nonvegetative storm debris, including without limitation one (1) or more of the following: (A) Tires; (B) Lumber; (C) Construction debris; (D) Demolished structures; (E) Household wastes; and (F) Trade wastes.

(1) Not be conducted within: (A) Five hundred feet (500') of a residence unless the owner of the residence has given written permission for the open burning; or (B) One thousand feet (1,000') of a school; and

(A) Five hundred feet (500') of a residence unless the owner of the residence has given written permission for the open burning; or

(B) One thousand feet (1,000') of a school; and

(2) Exclude any nonvegetative storm debris, including without limitation one (1) or more of the following: (A) Tires; (B) Lumber; (C) Construction debris; (D) Demolished structures; (E) Household wastes; and (F) Trade wastes.

(A) Tires;

(B) Lumber;

(C) Construction debris;

(D) Demolished structures;

(E) Household wastes; and

(F) Trade wastes.

(g) (1) The director may require one (1) or more of the following: (A) That a designated open burning site be relocated; (B) That an open burning allowed under this section be prohibited in response to actual or potential violations of state or federal air quality standards in the impacted areas; or (C) An alternative burn period to assure and maintain air quality compliance with National Ambient Air Quality Standards. (2) The director may recommend alternative methods of vegetative storm debris disposal, including without limitation the use of air curtain incinerators or composting to the extent allowed under federal law.

(1) The director may require one (1) or more of the following: (A) That a designated open burning site be relocated; (B) That an open burning allowed under this section be prohibited in response to actual or potential violations of state or federal air quality standards in the impacted areas; or (C) An alternative burn period to assure and maintain air quality compliance with National Ambient Air Quality Standards.

(A) That a designated open burning site be relocated;

(B) That an open burning allowed under this section be prohibited in response to actual or potential violations of state or federal air quality standards in the impacted areas; or

(C) An alternative burn period to assure and maintain air quality compliance with National Ambient Air Quality Standards.

(2) The director may recommend alternative methods of vegetative storm debris disposal, including without limitation the use of air curtain incinerators or composting to the extent allowed under federal law.

(h) (1) A county judge shall not obligate state or federal funds for open burning under this section if the county judge has declared the emergency under § 12-75-108 . (2) However, a county judge may be reimbursed from state or federal funds for the cost of the open burning if the director determines that reimbursement is appropriate.

(1) A county judge shall not obligate state or federal funds for open burning under this section if the county judge has declared the emergency under § 12-75-108 .

(2) However, a county judge may be reimbursed from state or federal funds for the cost of the open burning if the director determines that reimbursement is appropriate.

Amended by Act 2019, No. 1060,§ 1, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2542, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2541, eff. 7/1/2019.

Amended by Act 2017, No. 330,§ 1, eff. 8/1/2017.

Acts 2005, No. 944, § 1; 2011, No. 10, § 1.
Ark. Code Ann. § 8-15-114 — AR Code / Title 8 / Chapter 15 / Section 8-15-114
Program guidelines
Status: in_force

The board of directors of a property assessed energy improvement district, together with any third-party administrator it may select, shall determine: (1) The guidelines of the PACE program, including without limitation that: (A) The base energy performance evaluation shall be completed by a certified and qualified energy evaluation professional to determine existing energy use and options for improved energy efficiency; (B) The approved improvements create a positive cash flow; (C) Work shall be performed by qualified and certified contractors in the field of energy efficiency and methods of renewable energy installation; (D) Performance testing and verification shall be performed by a qualified professional after the work is completed; (E) Adequate consumer protections are in place; and (F) The applicable underwriting standards for the participants in the program are established; (2) The qualifications of the vendors performing installations under this chapter; (3) The mechanisms by which the district will remit the received special assessment payments and any cost reimbursement; and (4) Any other matters necessary to implement and administer the program. Amended by Act 2015, No. 1162,§ 6, eff. 7/22/2015. Added by Act 2013, No. 1074,§ 1, eff. 8/16/2013.

The board of directors of a property assessed energy improvement district, together with any third-party administrator it may select, shall determine:

(1) The guidelines of the PACE program, including without limitation that: (A) The base energy performance evaluation shall be completed by a certified and qualified energy evaluation professional to determine existing energy use and options for improved energy efficiency; (B) The approved improvements create a positive cash flow; (C) Work shall be performed by qualified and certified contractors in the field of energy efficiency and methods of renewable energy installation; (D) Performance testing and verification shall be performed by a qualified professional after the work is completed; (E) Adequate consumer protections are in place; and (F) The applicable underwriting standards for the participants in the program are established;

(A) The base energy performance evaluation shall be completed by a certified and qualified energy evaluation professional to determine existing energy use and options for improved energy efficiency;

(B) The approved improvements create a positive cash flow;

(C) Work shall be performed by qualified and certified contractors in the field of energy efficiency and methods of renewable energy installation;

(D) Performance testing and verification shall be performed by a qualified professional after the work is completed;

(E) Adequate consumer protections are in place; and

(F) The applicable underwriting standards for the participants in the program are established;

(2) The qualifications of the vendors performing installations under this chapter;

(3) The mechanisms by which the district will remit the received special assessment payments and any cost reimbursement; and

(4) Any other matters necessary to implement and administer the program.

Amended by Act 2015, No. 1162,§ 6, eff. 7/22/2015.

Added by Act 2013, No. 1074,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 8-7-513 — AR Code / Title 8 / Chapter 7 / Subchapter 5 / Section 8-7-513
Apportionment of costs
Status: in_force

(a) (1) Any party found liable for any costs or expenditures recoverable under §§ 8-7-512 , 8-7-514 , 8-7-515 , and 8-7-517 which establishes by a preponderance of the evidence that only a portion of such costs or expenditures are attributable to his or her actions shall be required to pay only for that portion. (2) If the trier of fact finds the evidence insufficient to establish each party's portion of costs or expenditures, the court shall apportion the costs or expenditures, to the extent practicable, according to equitable principles, among the responsible parties. (3) The Hazardous Substance Remedial Action Trust Fund shall pay any portion of the total expenditure in excess of the aggregate amount of costs or expenditures apportioned pursuant to this section. (b) (1) In any action under this section, no responsible party shall be liable for more than that party's apportioned share of the amount expended from the fund for the hazardous substance site. (2) The apportioned share shall be based on a responsible party's total volume of the hazardous substance at the hazardous substance site at the time of action taken under this subchapter. (3) Any expenditures required by the provisions of this subchapter made by a responsible party, before or after suit, shall be credited toward any apportioned share. Acts 1985, No. 479, § 8; A.S.A. 1947, § 82-4719.

(a) (1) Any party found liable for any costs or expenditures recoverable under §§ 8-7-512 , 8-7-514 , 8-7-515 , and 8-7-517 which establishes by a preponderance of the evidence that only a portion of such costs or expenditures are attributable to his or her actions shall be required to pay only for that portion. (2) If the trier of fact finds the evidence insufficient to establish each party's portion of costs or expenditures, the court shall apportion the costs or expenditures, to the extent practicable, according to equitable principles, among the responsible parties. (3) The Hazardous Substance Remedial Action Trust Fund shall pay any portion of the total expenditure in excess of the aggregate amount of costs or expenditures apportioned pursuant to this section.

(1) Any party found liable for any costs or expenditures recoverable under §§ 8-7-512 , 8-7-514 , 8-7-515 , and 8-7-517 which establishes by a preponderance of the evidence that only a portion of such costs or expenditures are attributable to his or her actions shall be required to pay only for that portion.

(2) If the trier of fact finds the evidence insufficient to establish each party's portion of costs or expenditures, the court shall apportion the costs or expenditures, to the extent practicable, according to equitable principles, among the responsible parties.

(3) The Hazardous Substance Remedial Action Trust Fund shall pay any portion of the total expenditure in excess of the aggregate amount of costs or expenditures apportioned pursuant to this section.

(b) (1) In any action under this section, no responsible party shall be liable for more than that party's apportioned share of the amount expended from the fund for the hazardous substance site. (2) The apportioned share shall be based on a responsible party's total volume of the hazardous substance at the hazardous substance site at the time of action taken under this subchapter. (3) Any expenditures required by the provisions of this subchapter made by a responsible party, before or after suit, shall be credited toward any apportioned share.

(1) In any action under this section, no responsible party shall be liable for more than that party's apportioned share of the amount expended from the fund for the hazardous substance site.

(2) The apportioned share shall be based on a responsible party's total volume of the hazardous substance at the hazardous substance site at the time of action taken under this subchapter.

(3) Any expenditures required by the provisions of this subchapter made by a responsible party, before or after suit, shall be credited toward any apportioned share.

Acts 1985, No. 479, § 8; A.S.A. 1947, § 82-4719.
Ark. Code Ann. § 8-7-204 — AR Code / Title 8 / Chapter 7 / Subchapter 2 / Section 8-7-204
Criminal, civil, and administrative penalties
Status: in_force

(a) Criminal Penalties. (1) (A) Any person who violates any provision of this subchapter, who commits any unlawful act under this subchapter, or who violates any rule or order of the Arkansas Pollution Control and Ecology Commission or the Division of Environmental Quality shall be guilty of a misdemeanor. (B) Notwithstanding any other provisions of Arkansas law, upon conviction that person shall be subject to imprisonment for not more than one (1) year or a fine of not more than twenty-five thousand dollars ($25,000), or subject to both such fine and imprisonment. For the purpose of fines only, each day or part of a day during which the violation is continued or repeated shall constitute a separate offense. (2) (A) It shall be unlawful for a person to: (i) Violate any provision of this subchapter, commit any unlawful act under this subchapter, or violate any rule or order of the commission or the division, and leave the state or remove his or her person from the jurisdiction of this state; or (ii) Purposely or knowingly make any false statement, representation, or certification in any document required to be maintained under this subchapter or falsify, tamper with, or render inaccurate any monitoring device, method, or record required to be maintained under this subchapter. (B) A person who violates this subdivision (a)(2) shall be guilty of a felony. Notwithstanding any other provisions of Arkansas law, upon conviction that person shall be subject to imprisonment for not more than five (5) years or a fine of not more than fifty thousand dollars ($50,000), or subject to both such fine and imprisonment. For the purpose of fines only, each day or part of a day during which the violation is continued or repeated shall constitute a separate offense. (3) (A) Any person who treats, stores, transports, or disposes of any hazardous waste and purposely, knowingly, or recklessly causes the release of hazardous waste into the environment in a manner not otherwise permitted by law or creates a substantial likelihood of endangering human health, animal or plant life, or property shall be guilty of a felony. (B) Notwithstanding any other provisions of Arkansas law, upon conviction that person shall be subject to imprisonment for not more than ten (10) years or a fine of not more than one hundred thousand dollars ($100,000), or subject to both such fine and imprisonment. For the purpose of fines only, each day or part of a day during which the violation is continued or repeated shall constitute a separate offense. (4) (A) Any person who treats, stores, transports, or disposes of any hazardous waste and purposely, knowingly, or recklessly causes the release of hazardous waste into the environment in a manner not otherwise permitted by law, thereby placing another person in imminent danger of death or serious bodily injury, shall be guilty of a felony. (B) Notwithstanding any other provisions of Arkansas law, upon conviction that person shall be subject to imprisonment for not more than twenty (20) years or a fine of not more than two hundred fifty thousand dollars ($250,000), or subject to both such fine and imprisonment. For the purpose of fines only, each day or part of a day during which the violation is continued or repeated shall constitute a separate offense. (5) Notwithstanding the limits on fines set in subdivisions (a)(1)-(4) of this section, if a person convicted under any of subdivisions (a)(1)-(4) of this section has derived pecuniary gain from commission of the offenses, then he or she may be sentenced to pay a fine not to exceed two (2) times the amount of the pecuniary gain. (b) Civil Penalties. The division may institute a civil action in any court of competent jurisdiction to accomplish any of the following: (1) Restrain any violation of or compel compliance with the provisions of this subchapter and of any rules, orders, permits, or plans issued pursuant thereto; (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 twenty-five thousand dollars ($25,000) per day for violations of this subchapter and of any rules, permits, or plans issued pursuant to this subchapter; or (5) Recover civil penalties assessed pursuant to subsection (c) of this section. (c) Any person who violates any provision of this subchapter and rules, permits, or plans issued pursuant to this subchapter may be assessed an administrative civil penalty not to exceed twenty-five thousand dollars ($25,000) per violation. Each day of a continuing violation may be deemed a separate violation for purposes of civil penalty assessment. No civil penalty may be assessed until the person charged with the violation has been given the opportunity for a hearing in accordance with rules adopted by the commission. All hearings and appeals arising under this subchapter shall be conducted in accordance with the procedures prescribed by §§ 8-4-205 , 8-4-212 , and 8-4-218 - 8-4-229 . The procedures of this subsection may also 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. (d) As an alternative to the limits on civil penalties set in subsections (b) and (c) of this section, if a person found liable in actions brought under subsection (b) or subsection (c) of this section has derived pecuniary gain from commission of the offenses, then he or she may be ordered to pay a civil penalty equal to the amount of the pecuniary gain. (e) (1) All moneys collected as reimbursement for expenses, costs, and damages to the division shall be deposited into the operating fund of the division. (2) All moneys collected as civil penalties pursuant to this section shall be deposited into the Hazardous Substance Remedial Action Trust Fund as provided by § 8-7-509 . (3) (A) In his or her discretion, the Director of the Division of Environmental Quality may authorize in-kind services as partial mitigation of cash penalties for use in projects or programs designed to advance environmental interests. (B) The violator may provide in-kind services or cash contributions as directed by the division by utilizing the violator's own expertise, by hiring and compensating subcontractors to perform the in-kind services, by arranging and providing financing for the in-kind services, or by other financial arrangements initiated by the division in which the violator and the division retain no monetary benefit, however remote. (C) The in-kind services shall not duplicate or augment services already provided by the division through appropriations of the General Assembly. (4) All moneys collected to cover the costs, expenses, or damages of other agencies or subdivisions of the state, including natural resource damages, shall be distributed to the appropriate governmental entity. (f) The culpable mental states referenced throughout this section shall have the same definitions as set out in § 5-2-202 . (g) Solicitation or conspiracy, as defined by the Arkansas Criminal Code at § 5-3-301 et seq. and § 5-3-401 et seq., to commit any criminal act proscribed by this section and §§ 8-4-103 and 8-6-204 shall be punishable as follows: (1) Any solicitation or conspiracy to commit an offense under this section which is a misdemeanor shall be a misdemeanor subject to fines not to exceed fifteen thousand dollars ($15,000) per day of violation or imprisonment for more than six (6) months, or both such fine and imprisonment; (2) Any solicitation or conspiracy to commit an offense under this section which is a felony subject to fines of fifty thousand dollars ($50,000) per day or imprisonment up to five (5) years shall be a felony subject to fines up to thirty-five thousand dollars ($35,000) per day or imprisonment up to two (2) years, or both such fine and imprisonment; (3) Any solicitation or conspiracy to commit an offense under this section which is a felony subject to fines of one hundred thousand dollars ($100,000) per day or imprisonment up to ten (10) years shall be a felony subject to fines up to seventy-five thousand dollars ($75,000) per day or imprisonment up to seven (7) years, or both such fine and imprisonment; and (4) Any solicitation or conspiracy to commit an offense under this section which is a felony subject to fines of two hundred fifty thousand dollars ($250,000) per day or imprisonment up to twenty (20) years shall be a felony subject to fines up to one hundred fifty thousand dollars ($150,000) per day or imprisonment up to fifteen (15) years, or both such fine and imprisonment. (h) In cases considering suspension of sentence or probation, efforts or commitments by the defendant to remediate any adverse environmental effects caused by his or her activities may be considered by the court to be restitution as contemplated by § 5-4-301 . (i) A business organization, its agents or officers, may be found liable under this section in accordance with the standards set forth in § 5-2-501 et seq. and sentenced to pay fines in accordance with the provisions of § 5-4-201(d) and (e) . (j) For the purposes of this subchapter, the court may assess against the State of Arkansas reasonable attorney's fees and other litigation costs reasonably incurred in any case under this subchapter in which the complainant has substantially prevailed in an action against the state for failure to comply with the Freedom of Information Act of 1967, § 25-19-101 et seq. Amended by Act 2019, No. 315,§ 602, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 601, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 600, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 599, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 598, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2716, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2715, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2714, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2713, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2712, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2711, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2710, eff. 7/1/2019. Acts 1979, No. 406, § 13; 1983, No. 456, § 1; A.S.A. 1947, § 82-4213; Acts 1989, No. 643, § 3; 1991, No. 435, § 1; 1991, No. 1057, §§ 2, 5; 1993, No. 731, § 2; 1995, No. 895, § 6; 2005, No. 1824, § 7.

(a) Criminal Penalties. (1) (A) Any person who violates any provision of this subchapter, who commits any unlawful act under this subchapter, or who violates any rule or order of the Arkansas Pollution Control and Ecology Commission or the Division of Environmental Quality shall be guilty of a misdemeanor. (B) Notwithstanding any other provisions of Arkansas law, upon conviction that person shall be subject to imprisonment for not more than one (1) year or a fine of not more than twenty-five thousand dollars ($25,000), or subject to both such fine and imprisonment. For the purpose of fines only, each day or part of a day during which the violation is continued or repeated shall constitute a separate offense. (2) (A) It shall be unlawful for a person to: (i) Violate any provision of this subchapter, commit any unlawful act under this subchapter, or violate any rule or order of the commission or the division, and leave the state or remove his or her person from the jurisdiction of this state; or (ii) Purposely or knowingly make any false statement, representation, or certification in any document required to be maintained under this subchapter or falsify, tamper with, or render inaccurate any monitoring device, method, or record required to be maintained under this subchapter. (B) A person who violates this subdivision (a)(2) shall be guilty of a felony. Notwithstanding any other provisions of Arkansas law, upon conviction that person shall be subject to imprisonment for not more than five (5) years or a fine of not more than fifty thousand dollars ($50,000), or subject to both such fine and imprisonment. For the purpose of fines only, each day or part of a day during which the violation is continued or repeated shall constitute a separate offense. (3) (A) Any person who treats, stores, transports, or disposes of any hazardous waste and purposely, knowingly, or recklessly causes the release of hazardous waste into the environment in a manner not otherwise permitted by law or creates a substantial likelihood of endangering human health, animal or plant life, or property shall be guilty of a felony. (B) Notwithstanding any other provisions of Arkansas law, upon conviction that person shall be subject to imprisonment for not more than ten (10) years or a fine of not more than one hundred thousand dollars ($100,000), or subject to both such fine and imprisonment. For the purpose of fines only, each day or part of a day during which the violation is continued or repeated shall constitute a separate offense. (4) (A) Any person who treats, stores, transports, or disposes of any hazardous waste and purposely, knowingly, or recklessly causes the release of hazardous waste into the environment in a manner not otherwise permitted by law, thereby placing another person in imminent danger of death or serious bodily injury, shall be guilty of a felony. (B) Notwithstanding any other provisions of Arkansas law, upon conviction that person shall be subject to imprisonment for not more than twenty (20) years or a fine of not more than two hundred fifty thousand dollars ($250,000), or subject to both such fine and imprisonment. For the purpose of fines only, each day or part of a day during which the violation is continued or repeated shall constitute a separate offense. (5) Notwithstanding the limits on fines set in subdivisions (a)(1)-(4) of this section, if a person convicted under any of subdivisions (a)(1)-(4) of this section has derived pecuniary gain from commission of the offenses, then he or she may be sentenced to pay a fine not to exceed two (2) times the amount of the pecuniary gain.

(1) (A) Any person who violates any provision of this subchapter, who commits any unlawful act under this subchapter, or who violates any rule or order of the Arkansas Pollution Control and Ecology Commission or the Division of Environmental Quality shall be guilty of a misdemeanor. (B) Notwithstanding any other provisions of Arkansas law, upon conviction that person shall be subject to imprisonment for not more than one (1) year or a fine of not more than twenty-five thousand dollars ($25,000), or subject to both such fine and imprisonment. For the purpose of fines only, each day or part of a day during which the violation is continued or repeated shall constitute a separate offense.

(A) Any person who violates any provision of this subchapter, who commits any unlawful act under this subchapter, or who violates any rule or order of the Arkansas Pollution Control and Ecology Commission or the Division of Environmental Quality shall be guilty of a misdemeanor.

(B) Notwithstanding any other provisions of Arkansas law, upon conviction that person shall be subject to imprisonment for not more than one (1) year or a fine of not more than twenty-five thousand dollars ($25,000), or subject to both such fine and imprisonment. For the purpose of fines only, each day or part of a day during which the violation is continued or repeated shall constitute a separate offense.

(2) (A) It shall be unlawful for a person to: (i) Violate any provision of this subchapter, commit any unlawful act under this subchapter, or violate any rule or order of the commission or the division, and leave the state or remove his or her person from the jurisdiction of this state; or (ii) Purposely or knowingly make any false statement, representation, or certification in any document required to be maintained under this subchapter or falsify, tamper with, or render inaccurate any monitoring device, method, or record required to be maintained under this subchapter. (B) A person who violates this subdivision (a)(2) shall be guilty of a felony. Notwithstanding any other provisions of Arkansas law, upon conviction that person shall be subject to imprisonment for not more than five (5) years or a fine of not more than fifty thousand dollars ($50,000), or subject to both such fine and imprisonment. For the purpose of fines only, each day or part of a day during which the violation is continued or repeated shall constitute a separate offense.

(A) It shall be unlawful for a person to: (i) Violate any provision of this subchapter, commit any unlawful act under this subchapter, or violate any rule or order of the commission or the division, and leave the state or remove his or her person from the jurisdiction of this state; or (ii) Purposely or knowingly make any false statement, representation, or certification in any document required to be maintained under this subchapter or falsify, tamper with, or render inaccurate any monitoring device, method, or record required to be maintained under this subchapter.

(i) Violate any provision of this subchapter, commit any unlawful act under this subchapter, or violate any rule or order of the commission or the division, and leave the state or remove his or her person from the jurisdiction of this state; or

(ii) Purposely or knowingly make any false statement, representation, or certification in any document required to be maintained under this subchapter or falsify, tamper with, or render inaccurate any monitoring device, method, or record required to be maintained under this subchapter.

(B) A person who violates this subdivision (a)(2) shall be guilty of a felony. Notwithstanding any other provisions of Arkansas law, upon conviction that person shall be subject to imprisonment for not more than five (5) years or a fine of not more than fifty thousand dollars ($50,000), or subject to both such fine and imprisonment. For the purpose of fines only, each day or part of a day during which the violation is continued or repeated shall constitute a separate offense.

(3) (A) Any person who treats, stores, transports, or disposes of any hazardous waste and purposely, knowingly, or recklessly causes the release of hazardous waste into the environment in a manner not otherwise permitted by law or creates a substantial likelihood of endangering human health, animal or plant life, or property shall be guilty of a felony. (B) Notwithstanding any other provisions of Arkansas law, upon conviction that person shall be subject to imprisonment for not more than ten (10) years or a fine of not more than one hundred thousand dollars ($100,000), or subject to both such fine and imprisonment. For the purpose of fines only, each day or part of a day during which the violation is continued or repeated shall constitute a separate offense.

(A) Any person who treats, stores, transports, or disposes of any hazardous waste and purposely, knowingly, or recklessly causes the release of hazardous waste into the environment in a manner not otherwise permitted by law or creates a substantial likelihood of endangering human health, animal or plant life, or property shall be guilty of a felony.

(B) Notwithstanding any other provisions of Arkansas law, upon conviction that person shall be subject to imprisonment for not more than ten (10) years or a fine of not more than one hundred thousand dollars ($100,000), or subject to both such fine and imprisonment. For the purpose of fines only, each day or part of a day during which the violation is continued or repeated shall constitute a separate offense.

(4) (A) Any person who treats, stores, transports, or disposes of any hazardous waste and purposely, knowingly, or recklessly causes the release of hazardous waste into the environment in a manner not otherwise permitted by law, thereby placing another person in imminent danger of death or serious bodily injury, shall be guilty of a felony. (B) Notwithstanding any other provisions of Arkansas law, upon conviction that person shall be subject to imprisonment for not more than twenty (20) years or a fine of not more than two hundred fifty thousand dollars ($250,000), or subject to both such fine and imprisonment. For the purpose of fines only, each day or part of a day during which the violation is continued or repeated shall constitute a separate offense.

(A) Any person who treats, stores, transports, or disposes of any hazardous waste and purposely, knowingly, or recklessly causes the release of hazardous waste into the environment in a manner not otherwise permitted by law, thereby placing another person in imminent danger of death or serious bodily injury, shall be guilty of a felony.

(B) Notwithstanding any other provisions of Arkansas law, upon conviction that person shall be subject to imprisonment for not more than twenty (20) years or a fine of not more than two hundred fifty thousand dollars ($250,000), or subject to both such fine and imprisonment. For the purpose of fines only, each day or part of a day during which the violation is continued or repeated shall constitute a separate offense.

(5) Notwithstanding the limits on fines set in subdivisions (a)(1)-(4) of this section, if a person convicted under any of subdivisions (a)(1)-(4) of this section has derived pecuniary gain from commission of the offenses, then he or she may be sentenced to pay a fine not to exceed two (2) times the amount of the pecuniary gain.

(b) Civil Penalties. The division may institute a civil action in any court of competent jurisdiction to accomplish any of the following: (1) Restrain any violation of or compel compliance with the provisions of this subchapter and of any rules, orders, permits, or plans issued pursuant thereto; (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 twenty-five thousand dollars ($25,000) per day for violations of this subchapter and of any rules, permits, or plans issued pursuant to this subchapter; or (5) Recover civil penalties assessed pursuant to subsection (c) of this section.

(1) Restrain any violation of or compel compliance with the provisions of this subchapter and of any rules, orders, permits, or plans issued pursuant thereto;

(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 twenty-five thousand dollars ($25,000) per day for violations of this subchapter and of any rules, permits, or plans issued pursuant to this subchapter; or

(5) Recover civil penalties assessed pursuant to subsection (c) of this section.

(c) Any person who violates any provision of this subchapter and rules, permits, or plans issued pursuant to this subchapter may be assessed an administrative civil penalty not to exceed twenty-five thousand dollars ($25,000) per violation. Each day of a continuing violation may be deemed a separate violation for purposes of civil penalty assessment. No civil penalty may be assessed until the person charged with the violation has been given the opportunity for a hearing in accordance with rules adopted by the commission. All hearings and appeals arising under this subchapter shall be conducted in accordance with the procedures prescribed by §§ 8-4-205 , 8-4-212 , and 8-4-218 - 8-4-229 . The procedures of this subsection may also 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.

(d) As an alternative to the limits on civil penalties set in subsections (b) and (c) of this section, if a person found liable in actions brought under subsection (b) or subsection (c) of this section has derived pecuniary gain from commission of the offenses, then he or she may be ordered to pay a civil penalty equal to the amount of the pecuniary gain.

(e) (1) All moneys collected as reimbursement for expenses, costs, and damages to the division shall be deposited into the operating fund of the division. (2) All moneys collected as civil penalties pursuant to this section shall be deposited into the Hazardous Substance Remedial Action Trust Fund as provided by § 8-7-509 . (3) (A) In his or her discretion, the Director of the Division of Environmental Quality may authorize in-kind services as partial mitigation of cash penalties for use in projects or programs designed to advance environmental interests. (B) The violator may provide in-kind services or cash contributions as directed by the division by utilizing the violator's own expertise, by hiring and compensating subcontractors to perform the in-kind services, by arranging and providing financing for the in-kind services, or by other financial arrangements initiated by the division in which the violator and the division retain no monetary benefit, however remote. (C) The in-kind services shall not duplicate or augment services already provided by the division through appropriations of the General Assembly. (4) All moneys collected to cover the costs, expenses, or damages of other agencies or subdivisions of the state, including natural resource damages, shall be distributed to the appropriate governmental entity.

(1) All moneys collected as reimbursement for expenses, costs, and damages to the division shall be deposited into the operating fund of the division.

(2) All moneys collected as civil penalties pursuant to this section shall be deposited into the Hazardous Substance Remedial Action Trust Fund as provided by § 8-7-509 .

(3) (A) In his or her discretion, the Director of the Division of Environmental Quality may authorize in-kind services as partial mitigation of cash penalties for use in projects or programs designed to advance environmental interests. (B) The violator may provide in-kind services or cash contributions as directed by the division by utilizing the violator's own expertise, by hiring and compensating subcontractors to perform the in-kind services, by arranging and providing financing for the in-kind services, or by other financial arrangements initiated by the division in which the violator and the division retain no monetary benefit, however remote. (C) The in-kind services shall not duplicate or augment services already provided by the division through appropriations of the General Assembly.

(A) In his or her discretion, the Director of the Division of Environmental Quality may authorize in-kind services as partial mitigation of cash penalties for use in projects or programs designed to advance environmental interests.

(B) The violator may provide in-kind services or cash contributions as directed by the division by utilizing the violator's own expertise, by hiring and compensating subcontractors to perform the in-kind services, by arranging and providing financing for the in-kind services, or by other financial arrangements initiated by the division in which the violator and the division retain no monetary benefit, however remote.

(C) The in-kind services shall not duplicate or augment services already provided by the division through appropriations of the General Assembly.

(4) All moneys collected to cover the costs, expenses, or damages of other agencies or subdivisions of the state, including natural resource damages, shall be distributed to the appropriate governmental entity.

(f) The culpable mental states referenced throughout this section shall have the same definitions as set out in § 5-2-202 .

(g) Solicitation or conspiracy, as defined by the Arkansas Criminal Code at § 5-3-301 et seq. and § 5-3-401 et seq., to commit any criminal act proscribed by this section and §§ 8-4-103 and 8-6-204 shall be punishable as follows: (1) Any solicitation or conspiracy to commit an offense under this section which is a misdemeanor shall be a misdemeanor subject to fines not to exceed fifteen thousand dollars ($15,000) per day of violation or imprisonment for more than six (6) months, or both such fine and imprisonment; (2) Any solicitation or conspiracy to commit an offense under this section which is a felony subject to fines of fifty thousand dollars ($50,000) per day or imprisonment up to five (5) years shall be a felony subject to fines up to thirty-five thousand dollars ($35,000) per day or imprisonment up to two (2) years, or both such fine and imprisonment; (3) Any solicitation or conspiracy to commit an offense under this section which is a felony subject to fines of one hundred thousand dollars ($100,000) per day or imprisonment up to ten (10) years shall be a felony subject to fines up to seventy-five thousand dollars ($75,000) per day or imprisonment up to seven (7) years, or both such fine and imprisonment; and (4) Any solicitation or conspiracy to commit an offense under this section which is a felony subject to fines of two hundred fifty thousand dollars ($250,000) per day or imprisonment up to twenty (20) years shall be a felony subject to fines up to one hundred fifty thousand dollars ($150,000) per day or imprisonment up to fifteen (15) years, or both such fine and imprisonment.

(1) Any solicitation or conspiracy to commit an offense under this section which is a misdemeanor shall be a misdemeanor subject to fines not to exceed fifteen thousand dollars ($15,000) per day of violation or imprisonment for more than six (6) months, or both such fine and imprisonment;

(2) Any solicitation or conspiracy to commit an offense under this section which is a felony subject to fines of fifty thousand dollars ($50,000) per day or imprisonment up to five (5) years shall be a felony subject to fines up to thirty-five thousand dollars ($35,000) per day or imprisonment up to two (2) years, or both such fine and imprisonment;

(3) Any solicitation or conspiracy to commit an offense under this section which is a felony subject to fines of one hundred thousand dollars ($100,000) per day or imprisonment up to ten (10) years shall be a felony subject to fines up to seventy-five thousand dollars ($75,000) per day or imprisonment up to seven (7) years, or both such fine and imprisonment; and

(4) Any solicitation or conspiracy to commit an offense under this section which is a felony subject to fines of two hundred fifty thousand dollars ($250,000) per day or imprisonment up to twenty (20) years shall be a felony subject to fines up to one hundred fifty thousand dollars ($150,000) per day or imprisonment up to fifteen (15) years, or both such fine and imprisonment.

(h) In cases considering suspension of sentence or probation, efforts or commitments by the defendant to remediate any adverse environmental effects caused by his or her activities may be considered by the court to be restitution as contemplated by § 5-4-301 .

(i) A business organization, its agents or officers, may be found liable under this section in accordance with the standards set forth in § 5-2-501 et seq. and sentenced to pay fines in accordance with the provisions of § 5-4-201(d) and (e) .

(j) For the purposes of this subchapter, the court may assess against the State of Arkansas reasonable attorney's fees and other litigation costs reasonably incurred in any case under this subchapter in which the complainant has substantially prevailed in an action against the state for failure to comply with the Freedom of Information Act of 1967, § 25-19-101 et seq.

Amended by Act 2019, No. 315,§ 602, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 601, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 600, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 599, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 598, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2716, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2715, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2714, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2713, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2712, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2711, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2710, eff. 7/1/2019.

Acts 1979, No. 406, § 13; 1983, No. 456, § 1; A.S.A. 1947, § 82-4213; Acts 1989, No. 643, § 3; 1991, No. 435, § 1; 1991, No. 1057, §§ 2, 5; 1993, No. 731, § 2; 1995, No. 895, § 6; 2005, No. 1824, § 7.
Ark. Code Ann. § 8-4-201 — AR Code / Title 8 / Chapter 4 / Subchapter 2 / Section 8-4-201
Powers and duties of division and commission generally
Status: in_force

(a) The Division of Environmental Quality or its successor is given and charged with the following powers and duties: (1) Enforcement of Laws. To administer and enforce all laws and regulations relating to the pollution of any waters of the state; (2) Investigations and Surveys. (A) To investigate the extent, character, and effect of the pollution of the waters of this state; and (B) To conduct investigations, research, surveys, and studies and gather data and information necessary or desirable in the administration or enforcement of pollution laws; (3) Program. To prepare a comprehensive program for the elimination or reduction of the pollution of the waters of this state, including application for and delegation of federal regulatory programs; and (4) Plans of Disposal Systems. To require to be submitted and to approve plans and specifications for disposal systems, or any part of them, and to inspect the construction thereof for compliance with the approved plans thereof. (b) The Arkansas Pollution Control and Ecology Commission is given and charged with the following powers and duties: (1) (A) Promulgation of rules, including water quality standards and the classification of the waters of the state and moratoriums or suspensions of the processing of types or categories of permits, implementing the substantive statutes charged to the division for administration. (B) In promulgation of such rules, prior to the submittal to public comment and review of any rule or change to any rule that is more stringent than federal requirements, the commission shall duly consider the economic impact and the environmental benefit of such rule on the people of the State of Arkansas, including those entities that will be subject to the rule. (C) The commission shall promptly initiate rulemaking proceedings to further implement the analysis required under subdivision (b)(1)(B) of this section. (D) The extent of the analysis required under subdivision (b)(1)(B) of this section shall be defined in the commission's rulemaking required under subdivision (b)(1)(C) of this section. It will include a written report that shall be available for public review along with the proposed rule in the public comment period. (E) Upon completion of the public comment period, the commission shall compile a rulemaking record or response to comments demonstrating a reasoned evaluation of the relative impact and benefits of the more stringent regulation; (2) Promulgation of rules and procedures not otherwise governed by applicable law that the commission deems necessary to secure public participation in environmental decision-making processes; (3) Promulgation of rules governing administrative procedures for challenging or contesting division actions; (4) In the case of permitting or grants decisions, provide the right to appeal a permitting or grants decision rendered by the Director of the Division of Environmental Quality or his or her delegatee; (5) In the case of an administrative enforcement or emergency action, provide the right to contest any such action initiated by the director; (6) Instruct the director to prepare such reports or perform such studies or investigations as will advance the cause of environmental protection in the state; (7) Make recommendations to the director regarding overall policy and administration of the division, provided, however, that the director shall always remain within the plenary authority of the Governor and the Secretary of the Department of Energy and Environment; and (8) Upon a majority vote, initiate review of any director's decision. Amended by Act 2019, No. 315,§ 458, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 457, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2483, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2482, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2481, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2480, eff. 7/1/2019. Acts 1949, No. 472, [Part 1], § 3; A.S.A. 1947, § 82-1904; Acts 1993, No. 163, § 11; 1993, No. 165, § 11; 1997, No. 1219, § 5; 1999, No. 1164, § 19.

(a) The Division of Environmental Quality or its successor is given and charged with the following powers and duties: (1) Enforcement of Laws. To administer and enforce all laws and regulations relating to the pollution of any waters of the state; (2) Investigations and Surveys. (A) To investigate the extent, character, and effect of the pollution of the waters of this state; and (B) To conduct investigations, research, surveys, and studies and gather data and information necessary or desirable in the administration or enforcement of pollution laws; (3) Program. To prepare a comprehensive program for the elimination or reduction of the pollution of the waters of this state, including application for and delegation of federal regulatory programs; and (4) Plans of Disposal Systems. To require to be submitted and to approve plans and specifications for disposal systems, or any part of them, and to inspect the construction thereof for compliance with the approved plans thereof.

(1) Enforcement of Laws. To administer and enforce all laws and regulations relating to the pollution of any waters of the state;

(2) Investigations and Surveys. (A) To investigate the extent, character, and effect of the pollution of the waters of this state; and (B) To conduct investigations, research, surveys, and studies and gather data and information necessary or desirable in the administration or enforcement of pollution laws;

(A) To investigate the extent, character, and effect of the pollution of the waters of this state; and

(B) To conduct investigations, research, surveys, and studies and gather data and information necessary or desirable in the administration or enforcement of pollution laws;

(3) Program. To prepare a comprehensive program for the elimination or reduction of the pollution of the waters of this state, including application for and delegation of federal regulatory programs; and

(4) Plans of Disposal Systems. To require to be submitted and to approve plans and specifications for disposal systems, or any part of them, and to inspect the construction thereof for compliance with the approved plans thereof.

(b) The Arkansas Pollution Control and Ecology Commission is given and charged with the following powers and duties: (1) (A) Promulgation of rules, including water quality standards and the classification of the waters of the state and moratoriums or suspensions of the processing of types or categories of permits, implementing the substantive statutes charged to the division for administration. (B) In promulgation of such rules, prior to the submittal to public comment and review of any rule or change to any rule that is more stringent than federal requirements, the commission shall duly consider the economic impact and the environmental benefit of such rule on the people of the State of Arkansas, including those entities that will be subject to the rule. (C) The commission shall promptly initiate rulemaking proceedings to further implement the analysis required under subdivision (b)(1)(B) of this section. (D) The extent of the analysis required under subdivision (b)(1)(B) of this section shall be defined in the commission's rulemaking required under subdivision (b)(1)(C) of this section. It will include a written report that shall be available for public review along with the proposed rule in the public comment period. (E) Upon completion of the public comment period, the commission shall compile a rulemaking record or response to comments demonstrating a reasoned evaluation of the relative impact and benefits of the more stringent regulation; (2) Promulgation of rules and procedures not otherwise governed by applicable law that the commission deems necessary to secure public participation in environmental decision-making processes; (3) Promulgation of rules governing administrative procedures for challenging or contesting division actions; (4) In the case of permitting or grants decisions, provide the right to appeal a permitting or grants decision rendered by the Director of the Division of Environmental Quality or his or her delegatee; (5) In the case of an administrative enforcement or emergency action, provide the right to contest any such action initiated by the director; (6) Instruct the director to prepare such reports or perform such studies or investigations as will advance the cause of environmental protection in the state; (7) Make recommendations to the director regarding overall policy and administration of the division, provided, however, that the director shall always remain within the plenary authority of the Governor and the Secretary of the Department of Energy and Environment; and (8) Upon a majority vote, initiate review of any director's decision.

(1) (A) Promulgation of rules, including water quality standards and the classification of the waters of the state and moratoriums or suspensions of the processing of types or categories of permits, implementing the substantive statutes charged to the division for administration. (B) In promulgation of such rules, prior to the submittal to public comment and review of any rule or change to any rule that is more stringent than federal requirements, the commission shall duly consider the economic impact and the environmental benefit of such rule on the people of the State of Arkansas, including those entities that will be subject to the rule. (C) The commission shall promptly initiate rulemaking proceedings to further implement the analysis required under subdivision (b)(1)(B) of this section. (D) The extent of the analysis required under subdivision (b)(1)(B) of this section shall be defined in the commission's rulemaking required under subdivision (b)(1)(C) of this section. It will include a written report that shall be available for public review along with the proposed rule in the public comment period. (E) Upon completion of the public comment period, the commission shall compile a rulemaking record or response to comments demonstrating a reasoned evaluation of the relative impact and benefits of the more stringent regulation;

(A) Promulgation of rules, including water quality standards and the classification of the waters of the state and moratoriums or suspensions of the processing of types or categories of permits, implementing the substantive statutes charged to the division for administration.

(B) In promulgation of such rules, prior to the submittal to public comment and review of any rule or change to any rule that is more stringent than federal requirements, the commission shall duly consider the economic impact and the environmental benefit of such rule on the people of the State of Arkansas, including those entities that will be subject to the rule.

(C) The commission shall promptly initiate rulemaking proceedings to further implement the analysis required under subdivision (b)(1)(B) of this section.

(D) The extent of the analysis required under subdivision (b)(1)(B) of this section shall be defined in the commission's rulemaking required under subdivision (b)(1)(C) of this section. It will include a written report that shall be available for public review along with the proposed rule in the public comment period.

(E) Upon completion of the public comment period, the commission shall compile a rulemaking record or response to comments demonstrating a reasoned evaluation of the relative impact and benefits of the more stringent regulation;

(2) Promulgation of rules and procedures not otherwise governed by applicable law that the commission deems necessary to secure public participation in environmental decision-making processes;

(3) Promulgation of rules governing administrative procedures for challenging or contesting division actions;

(4) In the case of permitting or grants decisions, provide the right to appeal a permitting or grants decision rendered by the Director of the Division of Environmental Quality or his or her delegatee;

(5) In the case of an administrative enforcement or emergency action, provide the right to contest any such action initiated by the director;

(6) Instruct the director to prepare such reports or perform such studies or investigations as will advance the cause of environmental protection in the state;

(7) Make recommendations to the director regarding overall policy and administration of the division, provided, however, that the director shall always remain within the plenary authority of the Governor and the Secretary of the Department of Energy and Environment; and

(8) Upon a majority vote, initiate review of any director's decision.

Amended by Act 2019, No. 315,§ 458, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 457, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2483, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2482, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2481, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2480, eff. 7/1/2019.

Acts 1949, No. 472, [Part 1], § 3; A.S.A. 1947, § 82-1904; Acts 1993, No. 163, § 11; 1993, No. 165, § 11; 1997, No. 1219, § 5; 1999, No. 1164, § 19.
Ark. Code Ann. § 8-7-1008 — AR Code / Title 8 / Chapter 7 / Subchapter 10 / Section 8-7-1008
Employee information and training
Status: in_force

(a) Each public employer shall provide an information and training program for its public employees as defined in § 8-7-1003 . Additional instruction shall be provided whenever a new hazard is introduced into their work area or whenever new and significant information is received by the public employer concerning the hazards of a chemical. New or newly assigned public employees shall be provided training before working in a work area containing hazardous chemicals. (b) (1) The information and training program provided pursuant to this section shall be developed in accordance with rules to be promulgated by the Director of the Division of Labor pursuant to § 8-7-1011 . (2) The rules shall include, at a minimum, requirements concerning: (A) Information on interpreting labels and material safety data sheets and the relationship between these two (2) methods of hazard communication; (B) The location and availability of the workplace chemical list and material safety data sheets; (C) Any operations in a public employee's work area where hazardous chemicals are present; (D) The physical and health hazards of the hazardous chemicals in the work area; (E) Methods and observations that may be used to detect the presence or release of a hazardous chemical in the work area, such as monitoring conducted by the public employer, continuous monitoring devices, visual appearance or odor of hazardous chemicals when being released, etc.; (F) The measures public employees can take to protect themselves from these hazards, including specific procedures the public employer has implemented to protect public employees from exposure to hazardous chemicals, such as appropriate work practices, emergency procedures, and personal protective equipment to be used; (G) Frequency of training; (H) General safety instructions on the handling, cleanup, and disposal of hazardous chemicals; and (I) Public employees' rights under this subchapter. (c) Training programs addressing each of the requirements of subsection (b) of this section and conducted in full compliance with Title III of the Emergency Planning and Community Right to Know Act of 1986, 42 U.S.C. § 11001 et seq., shall be deemed to meet the requirements of this section. (d) Public employers shall keep a record of the dates of training sessions given to their public employees. (e) The information and training program required under this section may be conducted with the assistance of the director pursuant to § 8-7-1009 . (f) The director shall have authority to promulgate rules in accordance with § 8-7-1011 : (1) To exempt public employers from providing the information and training otherwise required by this section to public employees with special skills and knowledge concerning hazardous chemicals, if such special skills and knowledge would make the information and training unnecessary; and (2) To require public employers to provide refresher training for public employees in workplaces or in circumstances in which the director reasonably determines such refresher training to be necessary and appropriate. Amended by Act 2021, No. 469,§ 3, eff. 7/28/2021. Amended by Act 2019, No. 315,§ 678, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 677, eff. 7/24/2019. Amended by Act 2019, No. 693,§ 27, eff. 7/24/2019. Amended by Act 2019, No. 693,§ 26, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5271, eff. 7/1/2019. Acts 1991, No. 556, § 8; 1991, No. 1172, § 8.

(a) Each public employer shall provide an information and training program for its public employees as defined in § 8-7-1003 . Additional instruction shall be provided whenever a new hazard is introduced into their work area or whenever new and significant information is received by the public employer concerning the hazards of a chemical. New or newly assigned public employees shall be provided training before working in a work area containing hazardous chemicals.

(b) (1) The information and training program provided pursuant to this section shall be developed in accordance with rules to be promulgated by the Director of the Division of Labor pursuant to § 8-7-1011 . (2) The rules shall include, at a minimum, requirements concerning: (A) Information on interpreting labels and material safety data sheets and the relationship between these two (2) methods of hazard communication; (B) The location and availability of the workplace chemical list and material safety data sheets; (C) Any operations in a public employee's work area where hazardous chemicals are present; (D) The physical and health hazards of the hazardous chemicals in the work area; (E) Methods and observations that may be used to detect the presence or release of a hazardous chemical in the work area, such as monitoring conducted by the public employer, continuous monitoring devices, visual appearance or odor of hazardous chemicals when being released, etc.; (F) The measures public employees can take to protect themselves from these hazards, including specific procedures the public employer has implemented to protect public employees from exposure to hazardous chemicals, such as appropriate work practices, emergency procedures, and personal protective equipment to be used; (G) Frequency of training; (H) General safety instructions on the handling, cleanup, and disposal of hazardous chemicals; and (I) Public employees' rights under this subchapter.

(1) The information and training program provided pursuant to this section shall be developed in accordance with rules to be promulgated by the Director of the Division of Labor pursuant to § 8-7-1011 .

(2) The rules shall include, at a minimum, requirements concerning: (A) Information on interpreting labels and material safety data sheets and the relationship between these two (2) methods of hazard communication; (B) The location and availability of the workplace chemical list and material safety data sheets; (C) Any operations in a public employee's work area where hazardous chemicals are present; (D) The physical and health hazards of the hazardous chemicals in the work area; (E) Methods and observations that may be used to detect the presence or release of a hazardous chemical in the work area, such as monitoring conducted by the public employer, continuous monitoring devices, visual appearance or odor of hazardous chemicals when being released, etc.; (F) The measures public employees can take to protect themselves from these hazards, including specific procedures the public employer has implemented to protect public employees from exposure to hazardous chemicals, such as appropriate work practices, emergency procedures, and personal protective equipment to be used; (G) Frequency of training; (H) General safety instructions on the handling, cleanup, and disposal of hazardous chemicals; and (I) Public employees' rights under this subchapter.

(A) Information on interpreting labels and material safety data sheets and the relationship between these two (2) methods of hazard communication;

(B) The location and availability of the workplace chemical list and material safety data sheets;

(C) Any operations in a public employee's work area where hazardous chemicals are present;

(D) The physical and health hazards of the hazardous chemicals in the work area;

(E) Methods and observations that may be used to detect the presence or release of a hazardous chemical in the work area, such as monitoring conducted by the public employer, continuous monitoring devices, visual appearance or odor of hazardous chemicals when being released, etc.;

(F) The measures public employees can take to protect themselves from these hazards, including specific procedures the public employer has implemented to protect public employees from exposure to hazardous chemicals, such as appropriate work practices, emergency procedures, and personal protective equipment to be used;

(G) Frequency of training;

(H) General safety instructions on the handling, cleanup, and disposal of hazardous chemicals; and

(I) Public employees' rights under this subchapter.

(c) Training programs addressing each of the requirements of subsection (b) of this section and conducted in full compliance with Title III of the Emergency Planning and Community Right to Know Act of 1986, 42 U.S.C. § 11001 et seq., shall be deemed to meet the requirements of this section.

(d) Public employers shall keep a record of the dates of training sessions given to their public employees.

(e) The information and training program required under this section may be conducted with the assistance of the director pursuant to § 8-7-1009 .

(f) The director shall have authority to promulgate rules in accordance with § 8-7-1011 : (1) To exempt public employers from providing the information and training otherwise required by this section to public employees with special skills and knowledge concerning hazardous chemicals, if such special skills and knowledge would make the information and training unnecessary; and (2) To require public employers to provide refresher training for public employees in workplaces or in circumstances in which the director reasonably determines such refresher training to be necessary and appropriate.

(1) To exempt public employers from providing the information and training otherwise required by this section to public employees with special skills and knowledge concerning hazardous chemicals, if such special skills and knowledge would make the information and training unnecessary; and

(2) To require public employers to provide refresher training for public employees in workplaces or in circumstances in which the director reasonably determines such refresher training to be necessary and appropriate.

Amended by Act 2021, No. 469,§ 3, eff. 7/28/2021.

Amended by Act 2019, No. 315,§ 678, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 677, eff. 7/24/2019.

Amended by Act 2019, No. 693,§ 27, eff. 7/24/2019.

Amended by Act 2019, No. 693,§ 26, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5271, eff. 7/1/2019.

Acts 1991, No. 556, § 8; 1991, No. 1172, § 8.
Ark. Code Ann. § 8-7-219 — AR Code / Title 8 / Chapter 7 / Subchapter 2 / Section 8-7-219
Permits - Commercial facilities - Terms and conditions
Status: in_force

No permit shall be issued for any commercial hazardous waste treatment, storage, or disposal facility unless that facility meets such terms and conditions as the Division of Environmental Quality may direct, including, but not limited to: (1) Evidence of liability insurance in such amount as the division may determine to be necessary for the protection of the public health and safety and the protection of the environment; (2) Evidence of financial responsibility in such form and amount as the division may determine to be necessary to ensure that, upon abandonment, cessation, or interruption of the operation of the facility, all appropriate measures are taken to prevent present and future damage to the public health and safety and to the environment; (3) (A) Evidence that the personnel employed at the hazardous waste treatment or disposal facility meet such qualifications as to education and training as the division may determine to be necessary to assure the safe and adequate operation of the facility. (B) Persons charged with the direct supervision of the operation of any facility must be certified by the division as having such qualifications after a review of the types, properties, and volume of hazardous waste to be treated or disposed of at the facility. (C) The division may require the recertification of supervisory personnel when there is any significant change in the types or properties of hazardous waste being treated or disposed of in any facility; (4) Evidence of an appropriate preventive maintenance program, spill prevention plan, safety procedures, and contingency plans which have been developed in consultation with the fire department having jurisdiction and by the mayor or city manager of the municipality or by the county judge of the county in which the facility is to be located; (5) Evidence that the location of the facility is consistent with the siting criteria established by the division as provided in § 8-7-209(a)(3) . The provisions of this subdivision (5) shall not apply to a treatment facility which began operation prior to the date of enactment of this act and which has an existing operating permit from the Arkansas Department of Environmental Quality, now the Division of Environmental Quality, or to any subsequent modifications to such treatment facility, provided that the owner of the treatment facility can demonstrate that the modifications do not materially increase the degree of hazards associated with the treatment facility; and (6) Evidence of such forms of assurance, including full fee ownership of lands, and all mineral rights thereto, to ensure that the owner of any hazardous waste landfill has the legal authority to commit the hazardous waste landfill to perpetual security. Amended by Act 2019, No. 910,§ 2735, eff. 7/1/2019. Acts 1979, No. 406, § 5; A.S.A. 1947, § 82-4205.

No permit shall be issued for any commercial hazardous waste treatment, storage, or disposal facility unless that facility meets such terms and conditions as the Division of Environmental Quality may direct, including, but not limited to:

(1) Evidence of liability insurance in such amount as the division may determine to be necessary for the protection of the public health and safety and the protection of the environment;

(2) Evidence of financial responsibility in such form and amount as the division may determine to be necessary to ensure that, upon abandonment, cessation, or interruption of the operation of the facility, all appropriate measures are taken to prevent present and future damage to the public health and safety and to the environment;

(3) (A) Evidence that the personnel employed at the hazardous waste treatment or disposal facility meet such qualifications as to education and training as the division may determine to be necessary to assure the safe and adequate operation of the facility. (B) Persons charged with the direct supervision of the operation of any facility must be certified by the division as having such qualifications after a review of the types, properties, and volume of hazardous waste to be treated or disposed of at the facility. (C) The division may require the recertification of supervisory personnel when there is any significant change in the types or properties of hazardous waste being treated or disposed of in any facility;

(A) Evidence that the personnel employed at the hazardous waste treatment or disposal facility meet such qualifications as to education and training as the division may determine to be necessary to assure the safe and adequate operation of the facility.

(B) Persons charged with the direct supervision of the operation of any facility must be certified by the division as having such qualifications after a review of the types, properties, and volume of hazardous waste to be treated or disposed of at the facility.

(C) The division may require the recertification of supervisory personnel when there is any significant change in the types or properties of hazardous waste being treated or disposed of in any facility;

(4) Evidence of an appropriate preventive maintenance program, spill prevention plan, safety procedures, and contingency plans which have been developed in consultation with the fire department having jurisdiction and by the mayor or city manager of the municipality or by the county judge of the county in which the facility is to be located;

(5) Evidence that the location of the facility is consistent with the siting criteria established by the division as provided in § 8-7-209(a)(3) . The provisions of this subdivision (5) shall not apply to a treatment facility which began operation prior to the date of enactment of this act and which has an existing operating permit from the Arkansas Department of Environmental Quality, now the Division of Environmental Quality, or to any subsequent modifications to such treatment facility, provided that the owner of the treatment facility can demonstrate that the modifications do not materially increase the degree of hazards associated with the treatment facility; and

(6) Evidence of such forms of assurance, including full fee ownership of lands, and all mineral rights thereto, to ensure that the owner of any hazardous waste landfill has the legal authority to commit the hazardous waste landfill to perpetual security.

Amended by Act 2019, No. 910,§ 2735, eff. 7/1/2019.

Acts 1979, No. 406, § 5; A.S.A. 1947, § 82-4205.
Ark. Code Ann. § 8-6-1102 — AR Code / Title 8 / Chapter 6 / Subchapter 11 / Section 8-6-1102
Purpose - Construction
Status: in_force

(a) As directed by Acts 1989, No. 870, the Arkansas Solid Waste Fact Finding Task Force [expired] has presented its findings and proposals. The task force report identifies serious and chronic deficiencies in how solid waste is managed in this state. The report is accompanied by legislative proposals which reaffirm the state's commitment to regional solid waste management embodied in Acts 1989, No. 870, and aim, through extensive revision of current law, to make regionalization a reality. The report and the task force's legislative proposals demonstrate that the state does not have sufficient understanding or control of the overall solid waste stream to realize its goal of regional solid waste management, much less a responsible recycling and source reduction program. These goals cannot be attained if the waste streams assigned to the respective regional solid waste planning districts continue to change during the crucial planning and development stages. (b) Federal law, 42 U.S.C. § 6941 et seq., has placed the burden of implementing regional solid waste management strategies upon the states. To this end, the General Assembly has embarked upon the difficult task of addressing the complex solid waste needs of the state on a regional basis. After giving due regard to all of the contingencies and exigencies inherent in planning a regional solid waste strategy, and after accommodating existing business expectations based upon waste streams originating from outside the Acts 1989, No. 870, regional solid waste planning districts, the General Assembly hereby enacts the following emergency measure as an essential component of its efforts to reform solid waste management in Arkansas. (c) This subchapter should be given a liberal construction so as to effectuate its remedial intent. Acts 1991, No. 319, § 2.

(a) As directed by Acts 1989, No. 870, the Arkansas Solid Waste Fact Finding Task Force [expired] has presented its findings and proposals. The task force report identifies serious and chronic deficiencies in how solid waste is managed in this state. The report is accompanied by legislative proposals which reaffirm the state's commitment to regional solid waste management embodied in Acts 1989, No. 870, and aim, through extensive revision of current law, to make regionalization a reality. The report and the task force's legislative proposals demonstrate that the state does not have sufficient understanding or control of the overall solid waste stream to realize its goal of regional solid waste management, much less a responsible recycling and source reduction program. These goals cannot be attained if the waste streams assigned to the respective regional solid waste planning districts continue to change during the crucial planning and development stages.

(b) Federal law, 42 U.S.C. § 6941 et seq., has placed the burden of implementing regional solid waste management strategies upon the states. To this end, the General Assembly has embarked upon the difficult task of addressing the complex solid waste needs of the state on a regional basis. After giving due regard to all of the contingencies and exigencies inherent in planning a regional solid waste strategy, and after accommodating existing business expectations based upon waste streams originating from outside the Acts 1989, No. 870, regional solid waste planning districts, the General Assembly hereby enacts the following emergency measure as an essential component of its efforts to reform solid waste management in Arkansas.

(c) This subchapter should be given a liberal construction so as to effectuate its remedial intent.

Acts 1991, No. 319, § 2.
Ark. Code Ann. § 8-6-602 — AR Code / Title 8 / Chapter 6 / Subchapter 6 / Section 8-6-602
Legislative findings and intent - Duties of division - Construction
Status: in_force

(a) The General Assembly finds that the solid waste needs of the state are not being met in an efficient, cost-efficient, and environmentally sound manner. The current reliance upon localized landfills is threatening to add Arkansas to those states experiencing solid waste management crises. (b) The General Assembly concludes that, to the extent practicable, regional solid waste management systems should be developed which address solid waste needs in the context of cooperation and shared resources. (c) (1) The General Assembly finds that recycling glass, plastic, cans, paper, and other materials will reduce the state's reliance upon landfills. (2) Additionally, other solid waste reduction activities will help reduce the state's dependence on landfills, including: (A) Using waste items as raw materials in a production process, such as adding shingles to asphalt mix for paving; (B) Using waste items to produce an end product without recycling, such as returning wood chips to citizens as mulch; (C) Using waste items as fuel, such as burning wood chips or tire chips in a waste-to-fuel process; or (D) Other activities as approved by the Division of Environmental Quality. (3) The waste stream reduction activities described in subdivision (c)(2) of this section also curb littering, illegal dumping, and abate the environmental risks caused by current solid waste practices. (4) The General Assembly therefore mandates that recycling shall be integrated as a component of any solid waste management plan required under the Arkansas Solid Waste Management Act, § 8-6-201 et seq., and that these recycling plans shall be implemented under the terms of this subchapter. (d) The division and the Arkansas Pollution Control and Ecology Commission shall promulgate and implement policies, rules, and procedures for administering the terms of this subchapter. (e) The terms and obligations of this subchapter shall be liberally construed so as to achieve remedial intent. Amended by Act 2019, No. 315,§ 543, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2624, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2623, eff. 7/1/2019. Amended by Act 2013, No. 1333,§ 1, eff. 8/16/2013. Acts 1989, No. 849, § 2; 1989, No. 934, § 2; 2011, No. 819, § 1.

(a) The General Assembly finds that the solid waste needs of the state are not being met in an efficient, cost-efficient, and environmentally sound manner. The current reliance upon localized landfills is threatening to add Arkansas to those states experiencing solid waste management crises.

(b) The General Assembly concludes that, to the extent practicable, regional solid waste management systems should be developed which address solid waste needs in the context of cooperation and shared resources.

(c) (1) The General Assembly finds that recycling glass, plastic, cans, paper, and other materials will reduce the state's reliance upon landfills. (2) Additionally, other solid waste reduction activities will help reduce the state's dependence on landfills, including: (A) Using waste items as raw materials in a production process, such as adding shingles to asphalt mix for paving; (B) Using waste items to produce an end product without recycling, such as returning wood chips to citizens as mulch; (C) Using waste items as fuel, such as burning wood chips or tire chips in a waste-to-fuel process; or (D) Other activities as approved by the Division of Environmental Quality. (3) The waste stream reduction activities described in subdivision (c)(2) of this section also curb littering, illegal dumping, and abate the environmental risks caused by current solid waste practices. (4) The General Assembly therefore mandates that recycling shall be integrated as a component of any solid waste management plan required under the Arkansas Solid Waste Management Act, § 8-6-201 et seq., and that these recycling plans shall be implemented under the terms of this subchapter.

(1) The General Assembly finds that recycling glass, plastic, cans, paper, and other materials will reduce the state's reliance upon landfills.

(2) Additionally, other solid waste reduction activities will help reduce the state's dependence on landfills, including: (A) Using waste items as raw materials in a production process, such as adding shingles to asphalt mix for paving; (B) Using waste items to produce an end product without recycling, such as returning wood chips to citizens as mulch; (C) Using waste items as fuel, such as burning wood chips or tire chips in a waste-to-fuel process; or (D) Other activities as approved by the Division of Environmental Quality.

(A) Using waste items as raw materials in a production process, such as adding shingles to asphalt mix for paving;

(B) Using waste items to produce an end product without recycling, such as returning wood chips to citizens as mulch;

(C) Using waste items as fuel, such as burning wood chips or tire chips in a waste-to-fuel process; or

(D) Other activities as approved by the Division of Environmental Quality.

(3) The waste stream reduction activities described in subdivision (c)(2) of this section also curb littering, illegal dumping, and abate the environmental risks caused by current solid waste practices.

(4) The General Assembly therefore mandates that recycling shall be integrated as a component of any solid waste management plan required under the Arkansas Solid Waste Management Act, § 8-6-201 et seq., and that these recycling plans shall be implemented under the terms of this subchapter.

(d) The division and the Arkansas Pollution Control and Ecology Commission shall promulgate and implement policies, rules, and procedures for administering the terms of this subchapter.

(e) The terms and obligations of this subchapter shall be liberally construed so as to achieve remedial intent.

Amended by Act 2019, No. 315,§ 543, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2624, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2623, eff. 7/1/2019.

Amended by Act 2013, No. 1333,§ 1, eff. 8/16/2013.

Acts 1989, No. 849, § 2; 1989, No. 934, § 2; 2011, No. 819, § 1.
Ark. Code Ann. § 8-6-411 — AR Code / Title 8 / Chapter 6 / Subchapter 4 / Section 8-6-411
Litter receptacles
Status: in_force

The state shall place litter receptacles along public highways in appropriate numbers to provide motorists with convenient methods of litter disposal. Acts 1977, No. 883, § 9; A.S.A. 1947, § 82-3909.

The state shall place litter receptacles along public highways in appropriate numbers to provide motorists with convenient methods of litter disposal.

Acts 1977, No. 883, § 9; A.S.A. 1947, § 82-3909.
Ark. Code Ann. § 8-4-104 — AR Code / Title 8 / Chapter 4 / Subchapter 1 / Section 8-4-104
Arkansas Pollution Control and Ecology Commission - Members
Status: in_force

(a) There is created and established an Arkansas Pollution Control and Ecology Commission. (b) The Arkansas Pollution Control and Ecology Commission shall be composed of seven (7) members: (1) (A) The Governor, by and with the advice and consent of the Senate, shall appoint four (4) members. (B) Each congressional district shall be represented on the Arkansas Pollution Control and Ecology Commission by one (1) member. (C) (i) The Governor shall not appoint a member to represent any specific or special interest group, organization, or philosophy. (ii) However, in making appointments to the Arkansas Pollution Control and Ecology Commission, the Governor shall appoint individuals who have knowledge or expertise in matters within the jurisdiction of the Arkansas Pollution Control and Ecology Commission, including government, business or industry, agriculture and livestock, forestry, health, ecology, recreation and tourism, or geology. (D) Each member appointed by the Governor shall be appointed for a term of four (4) years; and (2) The other three (3) members of the Arkansas Pollution Control and Ecology Commission shall be: (A) The Secretary of the Department of Health, or his or her designee; (B) The Secretary of the Department of Agriculture, or his or her designee; and (C) The Director of the Arkansas State Game and Fish Commission, or his or her designee. (c) Elected city, county, and state officials shall not serve on the Arkansas Pollution Control and Ecology Commission after the expiration of any current member's term. (d) In the event of a vacancy in the membership of the Arkansas Pollution Control and Ecology Commission, the Governor shall appoint a person to fill the vacancy by and with the consent and approval of the Senate, to serve the remainder of the unexpired term. (e) (1) The chair and vice chair shall be elected annually. (2) The members of the Arkansas Pollution Control and Ecology Commission representing the state agencies shall not serve as chair or vice chair. (f) (1) (A) The Arkansas Pollution Control and Ecology Commission shall hold at least four (4) regular meetings in each calendar year at times and places to be fixed by the Arkansas Pollution Control and Ecology Commission and such other meetings as may be necessary. (B) Special meetings may be called at the discretion of the chair, and they shall be called by him or her upon written request of two (2) members of the Arkansas Pollution Control and Ecology Commission by delivery of written notice to each member of the Arkansas Pollution Control and Ecology Commission. (2) A majority of members of the Arkansas Pollution Control and Ecology Commission shall constitute a quorum to transact business in both regular and special meetings. (g) (1) Each member of the Arkansas Pollution Control and Ecology Commission representing state agencies shall receive no additional salary or per diem for services as a member of the Arkansas Pollution Control and Ecology Commission but may receive expense reimbursement in accordance with § 25-16-901 et seq. (2) The four (4) members appointed by the Governor may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq. Amended by Act 2023, No. 704,§ 3, eff. 8/1/2023. Amended by Act 2023, No. 704,§ 2, eff. 8/1/2023. Amended by Act 2023, No. 704,§ 1, eff. 8/1/2023. Amended by Act 2023, No. 697,§ 2, eff. 7/1/2023. Amended by Act 2023, No. 794,§ 8, eff. 4/12/2023. Amended by Act 2019, No. 910,§ 2476, eff. 7/1/2019. Acts 1949, No. 472 [Part 1], § 2; 1953, No. 232, § 1; 1959, No. 211, § 1; 1965, No. 183, § 2; 1985, No. 930, § 1; A.S.A. 1947, § 82-1903; Acts 1991, No. 744, § 1; 1997, No. 250, § 44; 2001, No. 318, § 1; 2005, No. 2224, § 1.

(a) There is created and established an Arkansas Pollution Control and Ecology Commission.

(b) The Arkansas Pollution Control and Ecology Commission shall be composed of seven (7) members: (1) (A) The Governor, by and with the advice and consent of the Senate, shall appoint four (4) members. (B) Each congressional district shall be represented on the Arkansas Pollution Control and Ecology Commission by one (1) member. (C) (i) The Governor shall not appoint a member to represent any specific or special interest group, organization, or philosophy. (ii) However, in making appointments to the Arkansas Pollution Control and Ecology Commission, the Governor shall appoint individuals who have knowledge or expertise in matters within the jurisdiction of the Arkansas Pollution Control and Ecology Commission, including government, business or industry, agriculture and livestock, forestry, health, ecology, recreation and tourism, or geology. (D) Each member appointed by the Governor shall be appointed for a term of four (4) years; and (2) The other three (3) members of the Arkansas Pollution Control and Ecology Commission shall be: (A) The Secretary of the Department of Health, or his or her designee; (B) The Secretary of the Department of Agriculture, or his or her designee; and (C) The Director of the Arkansas State Game and Fish Commission, or his or her designee.

(1) (A) The Governor, by and with the advice and consent of the Senate, shall appoint four (4) members. (B) Each congressional district shall be represented on the Arkansas Pollution Control and Ecology Commission by one (1) member. (C) (i) The Governor shall not appoint a member to represent any specific or special interest group, organization, or philosophy. (ii) However, in making appointments to the Arkansas Pollution Control and Ecology Commission, the Governor shall appoint individuals who have knowledge or expertise in matters within the jurisdiction of the Arkansas Pollution Control and Ecology Commission, including government, business or industry, agriculture and livestock, forestry, health, ecology, recreation and tourism, or geology. (D) Each member appointed by the Governor shall be appointed for a term of four (4) years; and

(A) The Governor, by and with the advice and consent of the Senate, shall appoint four (4) members.

(B) Each congressional district shall be represented on the Arkansas Pollution Control and Ecology Commission by one (1) member.

(C) (i) The Governor shall not appoint a member to represent any specific or special interest group, organization, or philosophy. (ii) However, in making appointments to the Arkansas Pollution Control and Ecology Commission, the Governor shall appoint individuals who have knowledge or expertise in matters within the jurisdiction of the Arkansas Pollution Control and Ecology Commission, including government, business or industry, agriculture and livestock, forestry, health, ecology, recreation and tourism, or geology.

(i) The Governor shall not appoint a member to represent any specific or special interest group, organization, or philosophy.

(ii) However, in making appointments to the Arkansas Pollution Control and Ecology Commission, the Governor shall appoint individuals who have knowledge or expertise in matters within the jurisdiction of the Arkansas Pollution Control and Ecology Commission, including government, business or industry, agriculture and livestock, forestry, health, ecology, recreation and tourism, or geology.

(D) Each member appointed by the Governor shall be appointed for a term of four (4) years; and

(2) The other three (3) members of the Arkansas Pollution Control and Ecology Commission shall be: (A) The Secretary of the Department of Health, or his or her designee; (B) The Secretary of the Department of Agriculture, or his or her designee; and (C) The Director of the Arkansas State Game and Fish Commission, or his or her designee.

(A) The Secretary of the Department of Health, or his or her designee;

(B) The Secretary of the Department of Agriculture, or his or her designee; and

(C) The Director of the Arkansas State Game and Fish Commission, or his or her designee.

(c) Elected city, county, and state officials shall not serve on the Arkansas Pollution Control and Ecology Commission after the expiration of any current member's term.

(d) In the event of a vacancy in the membership of the Arkansas Pollution Control and Ecology Commission, the Governor shall appoint a person to fill the vacancy by and with the consent and approval of the Senate, to serve the remainder of the unexpired term.

(e) (1) The chair and vice chair shall be elected annually. (2) The members of the Arkansas Pollution Control and Ecology Commission representing the state agencies shall not serve as chair or vice chair.

(1) The chair and vice chair shall be elected annually.

(2) The members of the Arkansas Pollution Control and Ecology Commission representing the state agencies shall not serve as chair or vice chair.

(f) (1) (A) The Arkansas Pollution Control and Ecology Commission shall hold at least four (4) regular meetings in each calendar year at times and places to be fixed by the Arkansas Pollution Control and Ecology Commission and such other meetings as may be necessary. (B) Special meetings may be called at the discretion of the chair, and they shall be called by him or her upon written request of two (2) members of the Arkansas Pollution Control and Ecology Commission by delivery of written notice to each member of the Arkansas Pollution Control and Ecology Commission. (2) A majority of members of the Arkansas Pollution Control and Ecology Commission shall constitute a quorum to transact business in both regular and special meetings.

(1) (A) The Arkansas Pollution Control and Ecology Commission shall hold at least four (4) regular meetings in each calendar year at times and places to be fixed by the Arkansas Pollution Control and Ecology Commission and such other meetings as may be necessary. (B) Special meetings may be called at the discretion of the chair, and they shall be called by him or her upon written request of two (2) members of the Arkansas Pollution Control and Ecology Commission by delivery of written notice to each member of the Arkansas Pollution Control and Ecology Commission.

(A) The Arkansas Pollution Control and Ecology Commission shall hold at least four (4) regular meetings in each calendar year at times and places to be fixed by the Arkansas Pollution Control and Ecology Commission and such other meetings as may be necessary.

(B) Special meetings may be called at the discretion of the chair, and they shall be called by him or her upon written request of two (2) members of the Arkansas Pollution Control and Ecology Commission by delivery of written notice to each member of the Arkansas Pollution Control and Ecology Commission.

(2) A majority of members of the Arkansas Pollution Control and Ecology Commission shall constitute a quorum to transact business in both regular and special meetings.

(g) (1) Each member of the Arkansas Pollution Control and Ecology Commission representing state agencies shall receive no additional salary or per diem for services as a member of the Arkansas Pollution Control and Ecology Commission but may receive expense reimbursement in accordance with § 25-16-901 et seq. (2) The four (4) members appointed by the Governor may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq.

(1) Each member of the Arkansas Pollution Control and Ecology Commission representing state agencies shall receive no additional salary or per diem for services as a member of the Arkansas Pollution Control and Ecology Commission but may receive expense reimbursement in accordance with § 25-16-901 et seq.

(2) The four (4) members appointed by the Governor may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq.

Amended by Act 2023, No. 704,§ 3, eff. 8/1/2023.

Amended by Act 2023, No. 704,§ 2, eff. 8/1/2023.

Amended by Act 2023, No. 704,§ 1, eff. 8/1/2023.

Amended by Act 2023, No. 697,§ 2, eff. 7/1/2023.

Amended by Act 2023, No. 794,§ 8, eff. 4/12/2023.

Amended by Act 2019, No. 910,§ 2476, eff. 7/1/2019.

Acts 1949, No. 472 [Part 1], § 2; 1953, No. 232, § 1; 1959, No. 211, § 1; 1965, No. 183, § 2; 1985, No. 930, § 1; A.S.A. 1947, § 82-1903; Acts 1991, No. 744, § 1; 1997, No. 250, § 44; 2001, No. 318, § 1; 2005, No. 2224, § 1.
Ark. Code Ann. § 8-4-211 — AR Code / Title 8 / Chapter 4 / Subchapter 2 / Section 8-4-211
Declaratory orders
Status: in_force

(a) Any permittee or person subject to regulation may petition the Arkansas Pollution Control and Ecology Commission for a declaratory order as to the application of any rule, statute, permit, or order enforced by the Division of Environmental Quality or the commission. (b) Such petitions shall be processed for adjudicatory review in the same manner as appeals under the procedures prescribed by §§ 8-1-203 , 8-4-205 , 8-4-212 , and 8-4-218 - 8-4-229 . Amended by Act 2019, No. 910,§ 2499, eff. 7/1/2019. Acts 1949, No. 472, [Part 1], § 3; 1961, No. 120, § 3; A.S.A. 1947, § 82-1904; Acts 1995, No. 384, § 4; 1997, No. 1219, § 5.

(a) Any permittee or person subject to regulation may petition the Arkansas Pollution Control and Ecology Commission for a declaratory order as to the application of any rule, statute, permit, or order enforced by the Division of Environmental Quality or the commission.

(b) Such petitions shall be processed for adjudicatory review in the same manner as appeals under the procedures prescribed by §§ 8-1-203 , 8-4-205 , 8-4-212 , and 8-4-218 - 8-4-229 .

Amended by Act 2019, No. 910,§ 2499, eff. 7/1/2019.

Acts 1949, No. 472, [Part 1], § 3; 1961, No. 120, § 3; A.S.A. 1947, § 82-1904; Acts 1995, No. 384, § 4; 1997, No. 1219, § 5.
Ark. Code Ann. § 8-7-908 — AR Code / Title 8 / Chapter 7 / Subchapter 9 / Section 8-7-908
Third-party claims
Status: in_force

(a) (1) No payment to any owner or operator against whom a third-party claim is brought for compensatory damages shall be paid from the Petroleum Storage Tank Trust Fund until the owner or operator has expended seven thousand five hundred dollars ($7,500) on third-party claims for the occurrence, except in cases in which: (A) The Director of the Division of Environmental Quality is using his or her emergency authority under § 8-7-905(e) ; or (B) The owner or operator has been discharged under the United States Bankruptcy Code, 11 U.S.C. § 101 et seq., or is determined by a court to be insolvent. (2) It is the intent of the General Assembly that this initial level of expenditure be considered the equivalent of an insurance policy deductible. (3) Owners and operators of underground storage tanks must demonstrate financial responsibility for the seven-thousand-five-hundred-dollar deductible for third-party liability costs. (b) Payment for third-party claims shall not exceed one million dollars ($1,000,000) per occurrence. (c) All payments for third-party claims shall be made only following proof that: (1) At the time of the occurrence, the owner or operator was in substantial compliance with the financial responsibility requirements; (2) At the time of discovery of the release, the owner or operator had paid all fees required under state law or regulations applicable to petroleum storage tanks; and (3) A valid final court order or valid final order of the Arkansas State Claims Commission establishing a judgment against the owner or operator for compensatory damages caused by an accidental release from a qualified storage tank has been entered. (d) (1) (A) Any owner or operator against whom a third-party claim is filed in court or in the Arkansas State Claims Commission shall give written notice of the claim to the Division of Environmental Quality no later than twenty (20) days after service of summons or receipt of notification of the claim from the Arkansas State Claims Commission. (B) As a condition of eligibility, an owner or operator shall cooperate with and assist the division and, if applicable, the Attorney General's office in connection with the third-party claim. (C) At a minimum, the cooperation shall include active participation by the owner or operator throughout the litigation and providing assistance as required by the division or the Attorney General's office during resolution of a third-party claim. (D) In determining compliance with subdivisions (d)(1)(B) and (C) of this section, the director shall consider the owner's or operator's financial condition. (2) Upon receipt of the notice, the division shall immediately notify the Attorney General, who shall have the right to intervene in any such lawsuit or proceeding in order to protect the interests of the state in the fund. (3) Payment of third-party claims from the fund may be denied for any owner or operator who fails to give the division notice as required in this subsection. (e) (1) The Arkansas Pollution Control and Ecology Commission may provide through rules for payments for third-party claims under settlement agreements between the parties without entry of a final court order or Arkansas State Claims Commission order. (2) Settlement payments for third-party claims shall be subject to these limitations: (A) Proof of compliance with the requirement of subdivisions (c)(1) and (2) of this section must be provided; (B) Specific assurances, such as dismissal with prejudice of the cause of action, that payment shall release the owner or operator from all future liability to the third-party claimant for this occurrence must be provided; and (C) The director must determine that litigation would result in costs to the fund which would exceed the settlement amount and, therefore, it would be in the best interests of the fund to pay the settlement amount. (f) (1) In the event moneys are expended from the fund for third-party claims and the owner or operator was not at the time of the occurrence in substantial compliance, as defined by this subchapter and rules promulgated under this subchapter, the division may recover from the owner or operator the amount of moneys expended from the fund for the third-party claim by filing an action in the appropriate circuit court or by using the administrative procedures set forth in § 8-7-804 . (2) (A) The division also has a right of subrogation: (i) To any insurance policies in existence at the time of the occurrence to the extent of any rights the owner or operator of a site may have had under that insurance policy; and (ii) Against any third party who caused or contributed to the occurrence. (B) The right of subrogation shall apply to sites where corrective action is taken by: (i) Owners or operators; or (ii) The division. (C) As used in this subsection, "third party" does not include a former owner or operator of the site where corrective action is taken. (g) (1) Unknown petroleum storage tanks that have satisfied the requirements of subdivision (c)(3) of this section shall be eligible for reimbursement for third-party claims as provided by this section if: (A) The unknown petroleum storage tank is discovered while removing, upgrading, or replacing a petroleum storage tank meeting the requirements of subsection (c) of this section or while performing petroleum investigation or corrective action activities required by federal or state laws and the petroleum storage tank meeting the requirements of subsection (c) of this section is located on the same property or facility; or (B) The unknown petroleum storage tank is located on a right-of-way purchased by a city, county, or state governmental agency or entity and is discovered during construction in the right-of-way. (2) Eligibility for reimbursement of unknown petroleum storage tanks will be conditioned on the payment of three hundred seventy-five dollars ($375) to the division. (h) (1) An owner or operator determined to be eligible for payment for third-party claims for a release may transfer the eligibility to an owner or operator that acquires the storage tank if the division determines that the subsequent owner or operator has the financial and legal capacity and has assumed in writing the responsibility for third-party liability. (2) A transfer under subdivision (h)(1) of this section does not affect the potential liability of the owner or operator for payment of compensatory damages to a third party. (3) The removal of the storage tank after initiation of corrective action shall not bar the transfer of eligibility as provided in subdivision (h)(1) of this section. Amended by Act 2019, No. 315,§ 676, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 675, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2825, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2824, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2823, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2822, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2821, eff. 7/1/2019. Amended by Act 2013, No. 406,§ 3, eff. 8/16/2013. Acts 1989, No. 173, § 8; 1989 (3rd Ex. Sess.), No. 65, §§ 10-13; 1993, No. 951, § 7; 1997, No. 641, § 5; 1997, No. 642, § 2; 1997, No. 1027, § 2; 1999, No. 599, § 2; 2003, No. 1114, §§ 4-6; 2005, No. 1678, § 2; 2011, No. 809, § 2.

(a) (1) No payment to any owner or operator against whom a third-party claim is brought for compensatory damages shall be paid from the Petroleum Storage Tank Trust Fund until the owner or operator has expended seven thousand five hundred dollars ($7,500) on third-party claims for the occurrence, except in cases in which: (A) The Director of the Division of Environmental Quality is using his or her emergency authority under § 8-7-905(e) ; or (B) The owner or operator has been discharged under the United States Bankruptcy Code, 11 U.S.C. § 101 et seq., or is determined by a court to be insolvent. (2) It is the intent of the General Assembly that this initial level of expenditure be considered the equivalent of an insurance policy deductible. (3) Owners and operators of underground storage tanks must demonstrate financial responsibility for the seven-thousand-five-hundred-dollar deductible for third-party liability costs.

(1) No payment to any owner or operator against whom a third-party claim is brought for compensatory damages shall be paid from the Petroleum Storage Tank Trust Fund until the owner or operator has expended seven thousand five hundred dollars ($7,500) on third-party claims for the occurrence, except in cases in which: (A) The Director of the Division of Environmental Quality is using his or her emergency authority under § 8-7-905(e) ; or (B) The owner or operator has been discharged under the United States Bankruptcy Code, 11 U.S.C. § 101 et seq., or is determined by a court to be insolvent.

(A) The Director of the Division of Environmental Quality is using his or her emergency authority under § 8-7-905(e) ; or

(B) The owner or operator has been discharged under the United States Bankruptcy Code, 11 U.S.C. § 101 et seq., or is determined by a court to be insolvent.

(2) It is the intent of the General Assembly that this initial level of expenditure be considered the equivalent of an insurance policy deductible.

(3) Owners and operators of underground storage tanks must demonstrate financial responsibility for the seven-thousand-five-hundred-dollar deductible for third-party liability costs.

(b) Payment for third-party claims shall not exceed one million dollars ($1,000,000) per occurrence.

(c) All payments for third-party claims shall be made only following proof that: (1) At the time of the occurrence, the owner or operator was in substantial compliance with the financial responsibility requirements; (2) At the time of discovery of the release, the owner or operator had paid all fees required under state law or regulations applicable to petroleum storage tanks; and (3) A valid final court order or valid final order of the Arkansas State Claims Commission establishing a judgment against the owner or operator for compensatory damages caused by an accidental release from a qualified storage tank has been entered.

(1) At the time of the occurrence, the owner or operator was in substantial compliance with the financial responsibility requirements;

(2) At the time of discovery of the release, the owner or operator had paid all fees required under state law or regulations applicable to petroleum storage tanks; and

(3) A valid final court order or valid final order of the Arkansas State Claims Commission establishing a judgment against the owner or operator for compensatory damages caused by an accidental release from a qualified storage tank has been entered.

(d) (1) (A) Any owner or operator against whom a third-party claim is filed in court or in the Arkansas State Claims Commission shall give written notice of the claim to the Division of Environmental Quality no later than twenty (20) days after service of summons or receipt of notification of the claim from the Arkansas State Claims Commission. (B) As a condition of eligibility, an owner or operator shall cooperate with and assist the division and, if applicable, the Attorney General's office in connection with the third-party claim. (C) At a minimum, the cooperation shall include active participation by the owner or operator throughout the litigation and providing assistance as required by the division or the Attorney General's office during resolution of a third-party claim. (D) In determining compliance with subdivisions (d)(1)(B) and (C) of this section, the director shall consider the owner's or operator's financial condition. (2) Upon receipt of the notice, the division shall immediately notify the Attorney General, who shall have the right to intervene in any such lawsuit or proceeding in order to protect the interests of the state in the fund. (3) Payment of third-party claims from the fund may be denied for any owner or operator who fails to give the division notice as required in this subsection.

(1) (A) Any owner or operator against whom a third-party claim is filed in court or in the Arkansas State Claims Commission shall give written notice of the claim to the Division of Environmental Quality no later than twenty (20) days after service of summons or receipt of notification of the claim from the Arkansas State Claims Commission. (B) As a condition of eligibility, an owner or operator shall cooperate with and assist the division and, if applicable, the Attorney General's office in connection with the third-party claim. (C) At a minimum, the cooperation shall include active participation by the owner or operator throughout the litigation and providing assistance as required by the division or the Attorney General's office during resolution of a third-party claim. (D) In determining compliance with subdivisions (d)(1)(B) and (C) of this section, the director shall consider the owner's or operator's financial condition.

(A) Any owner or operator against whom a third-party claim is filed in court or in the Arkansas State Claims Commission shall give written notice of the claim to the Division of Environmental Quality no later than twenty (20) days after service of summons or receipt of notification of the claim from the Arkansas State Claims Commission.

(B) As a condition of eligibility, an owner or operator shall cooperate with and assist the division and, if applicable, the Attorney General's office in connection with the third-party claim.

(C) At a minimum, the cooperation shall include active participation by the owner or operator throughout the litigation and providing assistance as required by the division or the Attorney General's office during resolution of a third-party claim.

(D) In determining compliance with subdivisions (d)(1)(B) and (C) of this section, the director shall consider the owner's or operator's financial condition.

(2) Upon receipt of the notice, the division shall immediately notify the Attorney General, who shall have the right to intervene in any such lawsuit or proceeding in order to protect the interests of the state in the fund.

(3) Payment of third-party claims from the fund may be denied for any owner or operator who fails to give the division notice as required in this subsection.

(e) (1) The Arkansas Pollution Control and Ecology Commission may provide through rules for payments for third-party claims under settlement agreements between the parties without entry of a final court order or Arkansas State Claims Commission order. (2) Settlement payments for third-party claims shall be subject to these limitations: (A) Proof of compliance with the requirement of subdivisions (c)(1) and (2) of this section must be provided; (B) Specific assurances, such as dismissal with prejudice of the cause of action, that payment shall release the owner or operator from all future liability to the third-party claimant for this occurrence must be provided; and (C) The director must determine that litigation would result in costs to the fund which would exceed the settlement amount and, therefore, it would be in the best interests of the fund to pay the settlement amount.

(1) The Arkansas Pollution Control and Ecology Commission may provide through rules for payments for third-party claims under settlement agreements between the parties without entry of a final court order or Arkansas State Claims Commission order.

(2) Settlement payments for third-party claims shall be subject to these limitations: (A) Proof of compliance with the requirement of subdivisions (c)(1) and (2) of this section must be provided; (B) Specific assurances, such as dismissal with prejudice of the cause of action, that payment shall release the owner or operator from all future liability to the third-party claimant for this occurrence must be provided; and (C) The director must determine that litigation would result in costs to the fund which would exceed the settlement amount and, therefore, it would be in the best interests of the fund to pay the settlement amount.

(A) Proof of compliance with the requirement of subdivisions (c)(1) and (2) of this section must be provided;

(B) Specific assurances, such as dismissal with prejudice of the cause of action, that payment shall release the owner or operator from all future liability to the third-party claimant for this occurrence must be provided; and

(C) The director must determine that litigation would result in costs to the fund which would exceed the settlement amount and, therefore, it would be in the best interests of the fund to pay the settlement amount.

(f) (1) In the event moneys are expended from the fund for third-party claims and the owner or operator was not at the time of the occurrence in substantial compliance, as defined by this subchapter and rules promulgated under this subchapter, the division may recover from the owner or operator the amount of moneys expended from the fund for the third-party claim by filing an action in the appropriate circuit court or by using the administrative procedures set forth in § 8-7-804 . (2) (A) The division also has a right of subrogation: (i) To any insurance policies in existence at the time of the occurrence to the extent of any rights the owner or operator of a site may have had under that insurance policy; and (ii) Against any third party who caused or contributed to the occurrence. (B) The right of subrogation shall apply to sites where corrective action is taken by: (i) Owners or operators; or (ii) The division. (C) As used in this subsection, "third party" does not include a former owner or operator of the site where corrective action is taken.

(1) In the event moneys are expended from the fund for third-party claims and the owner or operator was not at the time of the occurrence in substantial compliance, as defined by this subchapter and rules promulgated under this subchapter, the division may recover from the owner or operator the amount of moneys expended from the fund for the third-party claim by filing an action in the appropriate circuit court or by using the administrative procedures set forth in § 8-7-804 .

(2) (A) The division also has a right of subrogation: (i) To any insurance policies in existence at the time of the occurrence to the extent of any rights the owner or operator of a site may have had under that insurance policy; and (ii) Against any third party who caused or contributed to the occurrence. (B) The right of subrogation shall apply to sites where corrective action is taken by: (i) Owners or operators; or (ii) The division. (C) As used in this subsection, "third party" does not include a former owner or operator of the site where corrective action is taken.

(A) The division also has a right of subrogation: (i) To any insurance policies in existence at the time of the occurrence to the extent of any rights the owner or operator of a site may have had under that insurance policy; and (ii) Against any third party who caused or contributed to the occurrence.

(i) To any insurance policies in existence at the time of the occurrence to the extent of any rights the owner or operator of a site may have had under that insurance policy; and

(ii) Against any third party who caused or contributed to the occurrence.

(B) The right of subrogation shall apply to sites where corrective action is taken by: (i) Owners or operators; or (ii) The division.

(i) Owners or operators; or

(ii) The division.

(C) As used in this subsection, "third party" does not include a former owner or operator of the site where corrective action is taken.

(g) (1) Unknown petroleum storage tanks that have satisfied the requirements of subdivision (c)(3) of this section shall be eligible for reimbursement for third-party claims as provided by this section if: (A) The unknown petroleum storage tank is discovered while removing, upgrading, or replacing a petroleum storage tank meeting the requirements of subsection (c) of this section or while performing petroleum investigation or corrective action activities required by federal or state laws and the petroleum storage tank meeting the requirements of subsection (c) of this section is located on the same property or facility; or (B) The unknown petroleum storage tank is located on a right-of-way purchased by a city, county, or state governmental agency or entity and is discovered during construction in the right-of-way. (2) Eligibility for reimbursement of unknown petroleum storage tanks will be conditioned on the payment of three hundred seventy-five dollars ($375) to the division.

(1) Unknown petroleum storage tanks that have satisfied the requirements of subdivision (c)(3) of this section shall be eligible for reimbursement for third-party claims as provided by this section if: (A) The unknown petroleum storage tank is discovered while removing, upgrading, or replacing a petroleum storage tank meeting the requirements of subsection (c) of this section or while performing petroleum investigation or corrective action activities required by federal or state laws and the petroleum storage tank meeting the requirements of subsection (c) of this section is located on the same property or facility; or (B) The unknown petroleum storage tank is located on a right-of-way purchased by a city, county, or state governmental agency or entity and is discovered during construction in the right-of-way.

(A) The unknown petroleum storage tank is discovered while removing, upgrading, or replacing a petroleum storage tank meeting the requirements of subsection (c) of this section or while performing petroleum investigation or corrective action activities required by federal or state laws and the petroleum storage tank meeting the requirements of subsection (c) of this section is located on the same property or facility; or

(B) The unknown petroleum storage tank is located on a right-of-way purchased by a city, county, or state governmental agency or entity and is discovered during construction in the right-of-way.

(2) Eligibility for reimbursement of unknown petroleum storage tanks will be conditioned on the payment of three hundred seventy-five dollars ($375) to the division.

(h) (1) An owner or operator determined to be eligible for payment for third-party claims for a release may transfer the eligibility to an owner or operator that acquires the storage tank if the division determines that the subsequent owner or operator has the financial and legal capacity and has assumed in writing the responsibility for third-party liability. (2) A transfer under subdivision (h)(1) of this section does not affect the potential liability of the owner or operator for payment of compensatory damages to a third party. (3) The removal of the storage tank after initiation of corrective action shall not bar the transfer of eligibility as provided in subdivision (h)(1) of this section.

(1) An owner or operator determined to be eligible for payment for third-party claims for a release may transfer the eligibility to an owner or operator that acquires the storage tank if the division determines that the subsequent owner or operator has the financial and legal capacity and has assumed in writing the responsibility for third-party liability.

(2) A transfer under subdivision (h)(1) of this section does not affect the potential liability of the owner or operator for payment of compensatory damages to a third party.

(3) The removal of the storage tank after initiation of corrective action shall not bar the transfer of eligibility as provided in subdivision (h)(1) of this section.

Amended by Act 2019, No. 315,§ 676, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 675, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2825, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2824, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2823, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2822, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2821, eff. 7/1/2019.

Amended by Act 2013, No. 406,§ 3, eff. 8/16/2013.

Acts 1989, No. 173, § 8; 1989 (3rd Ex. Sess.), No. 65, §§ 10-13; 1993, No. 951, § 7; 1997, No. 641, § 5; 1997, No. 642, § 2; 1997, No. 1027, § 2; 1999, No. 599, § 2; 2003, No. 1114, §§ 4-6; 2005, No. 1678, § 2; 2011, No. 809, § 2.
Ark. Code Ann. § 8-9-102 — AR Code / Title 8 / Chapter 9 / Subchapter 1 / Section 8-9-102
Construction
Status: in_force

The terms and provisions of this chapter are to be liberally construed so as to best achieve and effectuate the policies and purposes hereof. Acts 1991, No. 749, § 1.

The terms and provisions of this chapter are to be liberally construed so as to best achieve and effectuate the policies and purposes hereof.

Acts 1991, No. 749, § 1.
Ark. Code Ann. § 8-5-606 — AR Code / Title 8 / Chapter 5 / Subchapter 6 / Section 8-5-606
Privatization contracts generally
Status: in_force

(a) Any local government may enter into a privatization contract with a private owner or operator to accomplish the transfer of any local government-owned wastewater project or solid waste disposal project or the designing, construction, operation, maintenance, or financing of cost, or any combination thereof, of a wastewater project or solid waste disposal project, pursuant to the provisions of this subchapter. (b) (1) A local government considering entering into a privatization contract pertaining to its municipally owned wastewater project or solid waste disposal project, or any portion thereof, shall publish notice of its intention to adopt an ordinance to accomplish the privatization. (2) The notice shall: (A) Set forth a brief summary of the privatization contract provisions; and (B) Set a time and place for a public hearing to be conducted by the chief executive. (3) The notice shall be published in a newspaper having general circulation within the county in which a substantial portion of the wastewater project or solid waste disposal project is located by one (1) publication each week for a period of two (2) weeks. The first publication shall be not less than fourteen (14) days prior to the adoption of the ordinance approving the execution of the privatization contract. (c) The hearing may be held in conjunction with any hearing on the question of issuing bonds to finance the cost of the privatization project, on the question of adoption of the service agreement, or any other question. (d) A copy of the proposed privatization contract shall be filed as a public record with the clerk of the local government not less than two (2) weeks prior to the adoption of the ordinance. Acts 1985, No. 690, § 4; A.S.A. 1947, § 82-1992.3; Acts 1991, No. 629, § 5.

(a) Any local government may enter into a privatization contract with a private owner or operator to accomplish the transfer of any local government-owned wastewater project or solid waste disposal project or the designing, construction, operation, maintenance, or financing of cost, or any combination thereof, of a wastewater project or solid waste disposal project, pursuant to the provisions of this subchapter.

(b) (1) A local government considering entering into a privatization contract pertaining to its municipally owned wastewater project or solid waste disposal project, or any portion thereof, shall publish notice of its intention to adopt an ordinance to accomplish the privatization. (2) The notice shall: (A) Set forth a brief summary of the privatization contract provisions; and (B) Set a time and place for a public hearing to be conducted by the chief executive. (3) The notice shall be published in a newspaper having general circulation within the county in which a substantial portion of the wastewater project or solid waste disposal project is located by one (1) publication each week for a period of two (2) weeks. The first publication shall be not less than fourteen (14) days prior to the adoption of the ordinance approving the execution of the privatization contract.

(1) A local government considering entering into a privatization contract pertaining to its municipally owned wastewater project or solid waste disposal project, or any portion thereof, shall publish notice of its intention to adopt an ordinance to accomplish the privatization.

(2) The notice shall: (A) Set forth a brief summary of the privatization contract provisions; and (B) Set a time and place for a public hearing to be conducted by the chief executive.

(A) Set forth a brief summary of the privatization contract provisions; and

(B) Set a time and place for a public hearing to be conducted by the chief executive.

(3) The notice shall be published in a newspaper having general circulation within the county in which a substantial portion of the wastewater project or solid waste disposal project is located by one (1) publication each week for a period of two (2) weeks. The first publication shall be not less than fourteen (14) days prior to the adoption of the ordinance approving the execution of the privatization contract.

(c) The hearing may be held in conjunction with any hearing on the question of issuing bonds to finance the cost of the privatization project, on the question of adoption of the service agreement, or any other question.

(d) A copy of the proposed privatization contract shall be filed as a public record with the clerk of the local government not less than two (2) weeks prior to the adoption of the ordinance.

Acts 1985, No. 690, § 4; A.S.A. 1947, § 82-1992.3; Acts 1991, No. 629, § 5.
Ark. Code Ann. § 8-10-303 — AR Code / Title 8 / Chapter 10 / Subchapter 3 / Section 8-10-303
Permit requirement - Definition
Status: in_force

(a) (1) (A) Due to the noise pollution and air pollution from the racing vehicles and traffic congestion caused by motor vehicle racing facilities, no motor vehicle racing facility shall be constructed in this state after passage of this section without the consent of at least seventy-five percent (75%) of the property owners and seventy-five percent (75%) of the registered voters within three (3) miles of the outside boundary of the proposed motor vehicle racing facility and without an annual permit issued by the Division of Environmental Quality. (B) The consent shall be required for the initial annual permit only. (2) (A) Consent shall be accomplished by signing petitions which shall be filed with the city clerk if the motor vehicle racing facility is to be located within the boundaries of any city or town or with the county clerk if the motor vehicle racing facility is to be located wholly or partially outside the boundaries of any city or town. (B) The petitions shall indicate: (i) The name; (ii) The residence address or, if a nonresident property owner, the address or legal description of the property located within the three-mile area; and (iii) The date of the signature. (C) (i) The petitions must be verified pursuant to § 7-9-109 . (ii) Signatures shall become invalid sixty (60) days after signing. (iii) It shall be the duty of the county clerk or city clerk, as the case may be, to determine the sufficiency of the signatures and to certify the sufficiency or insufficiency of the signatures in writing to the division. (3) (A) (i) Once the sufficiency of the petitions is determined, the persons or entity proposing and constructing a motor vehicle racing facility after August 1, 1997, shall seek the approval of and issuance of an annual permit from the division. The division's approval shall be sought by filing a permit application with the division. (ii) Initial permit applications for new motor vehicle racing facilities to be constructed shall have attached a written proposal for the motor vehicle racing facility containing the substance of the proposed facility, including: (a) A description of the types of motor vehicles proposed for racing at the motor vehicle racing facility; (b) The maximum projected noise level of the racing vehicles; (c) A description of the kinds of races and the types of buildings, stands, or other physical plant proposed for the motor vehicle racing facility; (d) Estimates of traffic counts and numbers of spectators; and (e) Any other relevant permit information as may be determined necessary for the permit application by the division. (B) For the initial permit application for new motor vehicle racing facilities to be constructed, the division shall conduct a public hearing on the proposed motor vehicle racing facility. The division shall set a date for the public hearing to be held on the proposed motor vehicle racing facility permit which shall not be less than thirty (30) days after the filing of the initial permit application. The hearing under this subdivision (a)(3)(B) for the initial permit may be adjourned and continued if necessary. In its discretion, the division may hold public hearings for the renewal of any permits as is necessary. Any interested persons may appear and contest the granting of the approval or renewal of the motor vehicle racing facility permit. Affidavits in support of or against the proposed motor vehicle racing facility or a permit renewal, which may be prepared and submitted, shall be examined by the division. (C) After the hearing for the initial permit or upon application for the renewal of its annual permit, if the division shall be satisfied that the benefits of the motor vehicle racing facility are sustained by proof and outweigh its impact by the noise, air pollution, and traffic congestion caused by motor vehicle racing facilities, then the division shall grant the initial permit approving the proposed motor vehicle racing facility or shall renew approval to the permitted or existing motor vehicle racing facility. Renewal of an annual permit may also be denied if: (i) The motor vehicle racing facility is determined to be in violation of any standards under which the permit was issued; (ii) The motor vehicle racing facility is constructed or is being operated in a manner that is materially different than was represented during the petition process; or (iii) Fraud, misrepresentation, or false statement of facts was used to obtain signatures for the petition process. (D) If any material changes, additions, or improvements are made to the motor vehicle racing facility, the permit shall be amended accordingly, and the division may reconsider the approval of the permit. (E) The Arkansas Pollution Control and Ecology Commission shall have the authority to promulgate all necessary rules to implement this section, including the authority to set a permit fee to recover the cost of issuing the permit. (b) As used in this section, "motor vehicle racing facility" means any facility designed and used for competitive racing by automobiles or trucks that are modified for racing. (c) Within one (1) year of August 1, 1999, each motor vehicle racing facility constructed in Arkansas after January 1, 1995, shall apply for and shall receive an initial annual permit to operate its motor vehicle racing facility. Thereafter, upon the annual renewal date for its permit, the motor vehicle racing facility constructed after January 1, 1995, shall apply annually for renewal of its permit. Amended by Act 2019, No. 315,§ 697, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 3007, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3006, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3005, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3004, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3003, eff. 7/1/2019. Acts 1997, No. 551, § 1; 1999, No. 674, § 2; 1999, No. 1164, §§ 117, 118; 2005, No. 1409, § 2.

(a) (1) (A) Due to the noise pollution and air pollution from the racing vehicles and traffic congestion caused by motor vehicle racing facilities, no motor vehicle racing facility shall be constructed in this state after passage of this section without the consent of at least seventy-five percent (75%) of the property owners and seventy-five percent (75%) of the registered voters within three (3) miles of the outside boundary of the proposed motor vehicle racing facility and without an annual permit issued by the Division of Environmental Quality. (B) The consent shall be required for the initial annual permit only. (2) (A) Consent shall be accomplished by signing petitions which shall be filed with the city clerk if the motor vehicle racing facility is to be located within the boundaries of any city or town or with the county clerk if the motor vehicle racing facility is to be located wholly or partially outside the boundaries of any city or town. (B) The petitions shall indicate: (i) The name; (ii) The residence address or, if a nonresident property owner, the address or legal description of the property located within the three-mile area; and (iii) The date of the signature. (C) (i) The petitions must be verified pursuant to § 7-9-109 . (ii) Signatures shall become invalid sixty (60) days after signing. (iii) It shall be the duty of the county clerk or city clerk, as the case may be, to determine the sufficiency of the signatures and to certify the sufficiency or insufficiency of the signatures in writing to the division. (3) (A) (i) Once the sufficiency of the petitions is determined, the persons or entity proposing and constructing a motor vehicle racing facility after August 1, 1997, shall seek the approval of and issuance of an annual permit from the division. The division's approval shall be sought by filing a permit application with the division. (ii) Initial permit applications for new motor vehicle racing facilities to be constructed shall have attached a written proposal for the motor vehicle racing facility containing the substance of the proposed facility, including: (a) A description of the types of motor vehicles proposed for racing at the motor vehicle racing facility; (b) The maximum projected noise level of the racing vehicles; (c) A description of the kinds of races and the types of buildings, stands, or other physical plant proposed for the motor vehicle racing facility; (d) Estimates of traffic counts and numbers of spectators; and (e) Any other relevant permit information as may be determined necessary for the permit application by the division. (B) For the initial permit application for new motor vehicle racing facilities to be constructed, the division shall conduct a public hearing on the proposed motor vehicle racing facility. The division shall set a date for the public hearing to be held on the proposed motor vehicle racing facility permit which shall not be less than thirty (30) days after the filing of the initial permit application. The hearing under this subdivision (a)(3)(B) for the initial permit may be adjourned and continued if necessary. In its discretion, the division may hold public hearings for the renewal of any permits as is necessary. Any interested persons may appear and contest the granting of the approval or renewal of the motor vehicle racing facility permit. Affidavits in support of or against the proposed motor vehicle racing facility or a permit renewal, which may be prepared and submitted, shall be examined by the division. (C) After the hearing for the initial permit or upon application for the renewal of its annual permit, if the division shall be satisfied that the benefits of the motor vehicle racing facility are sustained by proof and outweigh its impact by the noise, air pollution, and traffic congestion caused by motor vehicle racing facilities, then the division shall grant the initial permit approving the proposed motor vehicle racing facility or shall renew approval to the permitted or existing motor vehicle racing facility. Renewal of an annual permit may also be denied if: (i) The motor vehicle racing facility is determined to be in violation of any standards under which the permit was issued; (ii) The motor vehicle racing facility is constructed or is being operated in a manner that is materially different than was represented during the petition process; or (iii) Fraud, misrepresentation, or false statement of facts was used to obtain signatures for the petition process. (D) If any material changes, additions, or improvements are made to the motor vehicle racing facility, the permit shall be amended accordingly, and the division may reconsider the approval of the permit. (E) The Arkansas Pollution Control and Ecology Commission shall have the authority to promulgate all necessary rules to implement this section, including the authority to set a permit fee to recover the cost of issuing the permit.

(1) (A) Due to the noise pollution and air pollution from the racing vehicles and traffic congestion caused by motor vehicle racing facilities, no motor vehicle racing facility shall be constructed in this state after passage of this section without the consent of at least seventy-five percent (75%) of the property owners and seventy-five percent (75%) of the registered voters within three (3) miles of the outside boundary of the proposed motor vehicle racing facility and without an annual permit issued by the Division of Environmental Quality. (B) The consent shall be required for the initial annual permit only.

(A) Due to the noise pollution and air pollution from the racing vehicles and traffic congestion caused by motor vehicle racing facilities, no motor vehicle racing facility shall be constructed in this state after passage of this section without the consent of at least seventy-five percent (75%) of the property owners and seventy-five percent (75%) of the registered voters within three (3) miles of the outside boundary of the proposed motor vehicle racing facility and without an annual permit issued by the Division of Environmental Quality.

(B) The consent shall be required for the initial annual permit only.

(2) (A) Consent shall be accomplished by signing petitions which shall be filed with the city clerk if the motor vehicle racing facility is to be located within the boundaries of any city or town or with the county clerk if the motor vehicle racing facility is to be located wholly or partially outside the boundaries of any city or town. (B) The petitions shall indicate: (i) The name; (ii) The residence address or, if a nonresident property owner, the address or legal description of the property located within the three-mile area; and (iii) The date of the signature. (C) (i) The petitions must be verified pursuant to § 7-9-109 . (ii) Signatures shall become invalid sixty (60) days after signing. (iii) It shall be the duty of the county clerk or city clerk, as the case may be, to determine the sufficiency of the signatures and to certify the sufficiency or insufficiency of the signatures in writing to the division.

(A) Consent shall be accomplished by signing petitions which shall be filed with the city clerk if the motor vehicle racing facility is to be located within the boundaries of any city or town or with the county clerk if the motor vehicle racing facility is to be located wholly or partially outside the boundaries of any city or town.

(B) The petitions shall indicate: (i) The name; (ii) The residence address or, if a nonresident property owner, the address or legal description of the property located within the three-mile area; and (iii) The date of the signature.

(i) The name;

(ii) The residence address or, if a nonresident property owner, the address or legal description of the property located within the three-mile area; and

(iii) The date of the signature.

(C) (i) The petitions must be verified pursuant to § 7-9-109 . (ii) Signatures shall become invalid sixty (60) days after signing. (iii) It shall be the duty of the county clerk or city clerk, as the case may be, to determine the sufficiency of the signatures and to certify the sufficiency or insufficiency of the signatures in writing to the division.

(i) The petitions must be verified pursuant to § 7-9-109 .

(ii) Signatures shall become invalid sixty (60) days after signing.

(iii) It shall be the duty of the county clerk or city clerk, as the case may be, to determine the sufficiency of the signatures and to certify the sufficiency or insufficiency of the signatures in writing to the division.

(3) (A) (i) Once the sufficiency of the petitions is determined, the persons or entity proposing and constructing a motor vehicle racing facility after August 1, 1997, shall seek the approval of and issuance of an annual permit from the division. The division's approval shall be sought by filing a permit application with the division. (ii) Initial permit applications for new motor vehicle racing facilities to be constructed shall have attached a written proposal for the motor vehicle racing facility containing the substance of the proposed facility, including: (a) A description of the types of motor vehicles proposed for racing at the motor vehicle racing facility; (b) The maximum projected noise level of the racing vehicles; (c) A description of the kinds of races and the types of buildings, stands, or other physical plant proposed for the motor vehicle racing facility; (d) Estimates of traffic counts and numbers of spectators; and (e) Any other relevant permit information as may be determined necessary for the permit application by the division. (B) For the initial permit application for new motor vehicle racing facilities to be constructed, the division shall conduct a public hearing on the proposed motor vehicle racing facility. The division shall set a date for the public hearing to be held on the proposed motor vehicle racing facility permit which shall not be less than thirty (30) days after the filing of the initial permit application. The hearing under this subdivision (a)(3)(B) for the initial permit may be adjourned and continued if necessary. In its discretion, the division may hold public hearings for the renewal of any permits as is necessary. Any interested persons may appear and contest the granting of the approval or renewal of the motor vehicle racing facility permit. Affidavits in support of or against the proposed motor vehicle racing facility or a permit renewal, which may be prepared and submitted, shall be examined by the division. (C) After the hearing for the initial permit or upon application for the renewal of its annual permit, if the division shall be satisfied that the benefits of the motor vehicle racing facility are sustained by proof and outweigh its impact by the noise, air pollution, and traffic congestion caused by motor vehicle racing facilities, then the division shall grant the initial permit approving the proposed motor vehicle racing facility or shall renew approval to the permitted or existing motor vehicle racing facility. Renewal of an annual permit may also be denied if: (i) The motor vehicle racing facility is determined to be in violation of any standards under which the permit was issued; (ii) The motor vehicle racing facility is constructed or is being operated in a manner that is materially different than was represented during the petition process; or (iii) Fraud, misrepresentation, or false statement of facts was used to obtain signatures for the petition process. (D) If any material changes, additions, or improvements are made to the motor vehicle racing facility, the permit shall be amended accordingly, and the division may reconsider the approval of the permit. (E) The Arkansas Pollution Control and Ecology Commission shall have the authority to promulgate all necessary rules to implement this section, including the authority to set a permit fee to recover the cost of issuing the permit.

(A) (i) Once the sufficiency of the petitions is determined, the persons or entity proposing and constructing a motor vehicle racing facility after August 1, 1997, shall seek the approval of and issuance of an annual permit from the division. The division's approval shall be sought by filing a permit application with the division. (ii) Initial permit applications for new motor vehicle racing facilities to be constructed shall have attached a written proposal for the motor vehicle racing facility containing the substance of the proposed facility, including: (a) A description of the types of motor vehicles proposed for racing at the motor vehicle racing facility; (b) The maximum projected noise level of the racing vehicles; (c) A description of the kinds of races and the types of buildings, stands, or other physical plant proposed for the motor vehicle racing facility; (d) Estimates of traffic counts and numbers of spectators; and (e) Any other relevant permit information as may be determined necessary for the permit application by the division.

(i) Once the sufficiency of the petitions is determined, the persons or entity proposing and constructing a motor vehicle racing facility after August 1, 1997, shall seek the approval of and issuance of an annual permit from the division. The division's approval shall be sought by filing a permit application with the division.

(ii) Initial permit applications for new motor vehicle racing facilities to be constructed shall have attached a written proposal for the motor vehicle racing facility containing the substance of the proposed facility, including: (a) A description of the types of motor vehicles proposed for racing at the motor vehicle racing facility; (b) The maximum projected noise level of the racing vehicles; (c) A description of the kinds of races and the types of buildings, stands, or other physical plant proposed for the motor vehicle racing facility; (d) Estimates of traffic counts and numbers of spectators; and (e) Any other relevant permit information as may be determined necessary for the permit application by the division.

(a) A description of the types of motor vehicles proposed for racing at the motor vehicle racing facility;

(b) The maximum projected noise level of the racing vehicles;

(c) A description of the kinds of races and the types of buildings, stands, or other physical plant proposed for the motor vehicle racing facility;

(d) Estimates of traffic counts and numbers of spectators; and

(e) Any other relevant permit information as may be determined necessary for the permit application by the division.

(B) For the initial permit application for new motor vehicle racing facilities to be constructed, the division shall conduct a public hearing on the proposed motor vehicle racing facility. The division shall set a date for the public hearing to be held on the proposed motor vehicle racing facility permit which shall not be less than thirty (30) days after the filing of the initial permit application. The hearing under this subdivision (a)(3)(B) for the initial permit may be adjourned and continued if necessary. In its discretion, the division may hold public hearings for the renewal of any permits as is necessary. Any interested persons may appear and contest the granting of the approval or renewal of the motor vehicle racing facility permit. Affidavits in support of or against the proposed motor vehicle racing facility or a permit renewal, which may be prepared and submitted, shall be examined by the division.

(C) After the hearing for the initial permit or upon application for the renewal of its annual permit, if the division shall be satisfied that the benefits of the motor vehicle racing facility are sustained by proof and outweigh its impact by the noise, air pollution, and traffic congestion caused by motor vehicle racing facilities, then the division shall grant the initial permit approving the proposed motor vehicle racing facility or shall renew approval to the permitted or existing motor vehicle racing facility. Renewal of an annual permit may also be denied if: (i) The motor vehicle racing facility is determined to be in violation of any standards under which the permit was issued; (ii) The motor vehicle racing facility is constructed or is being operated in a manner that is materially different than was represented during the petition process; or (iii) Fraud, misrepresentation, or false statement of facts was used to obtain signatures for the petition process.

(i) The motor vehicle racing facility is determined to be in violation of any standards under which the permit was issued;

(ii) The motor vehicle racing facility is constructed or is being operated in a manner that is materially different than was represented during the petition process; or

(iii) Fraud, misrepresentation, or false statement of facts was used to obtain signatures for the petition process.

(D) If any material changes, additions, or improvements are made to the motor vehicle racing facility, the permit shall be amended accordingly, and the division may reconsider the approval of the permit.

(E) The Arkansas Pollution Control and Ecology Commission shall have the authority to promulgate all necessary rules to implement this section, including the authority to set a permit fee to recover the cost of issuing the permit.

(b) As used in this section, "motor vehicle racing facility" means any facility designed and used for competitive racing by automobiles or trucks that are modified for racing.

(c) Within one (1) year of August 1, 1999, each motor vehicle racing facility constructed in Arkansas after January 1, 1995, shall apply for and shall receive an initial annual permit to operate its motor vehicle racing facility. Thereafter, upon the annual renewal date for its permit, the motor vehicle racing facility constructed after January 1, 1995, shall apply annually for renewal of its permit.

Amended by Act 2019, No. 315,§ 697, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 3007, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3006, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3005, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3004, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3003, eff. 7/1/2019.

Acts 1997, No. 551, § 1; 1999, No. 674, § 2; 1999, No. 1164, §§ 117, 118; 2005, No. 1409, § 2.
Ark. Code Ann. § 8-9-403 — AR Code / Title 8 / Chapter 9 / Subchapter 4 / Section 8-9-403
Operation of waste tire sites - Requirements and prohibited activities
Status: in_force

(a) (1) The owner or operator of any waste tire site shall provide the Division of Environmental Quality and the applicable regional solid waste management district with: (A) Information concerning the waste tire site's location and size and the approximate number of tires that are accumulated at the waste tire site; and (B) A written plan specifying a method and time schedule, subject to approval by the division, for the removal, disposal, or recycling of the tires. (2) The owner or operator shall implement a written plan approved by the division according to the written plan's schedule. (b) A person shall not cause or permit the open burning of tires in the state. (c) (1) A person shall not maintain a waste tire site. (2) It is illegal for any person to dispose of tires or portions of tires in the state unless the tires or portions of tires are disposed of for processing or collected for processing at a permitted tire processing facility, a tire collection center, or a permitted solid waste disposal facility. (3) (A) Unless otherwise provided by law or rule, whole tires shall not be deposited into a landfill or a waste tire monofill as a method of final disposal unless shredded or split into sufficiently small parts to assure their proper disposal. (B) Unless otherwise provided by law or rule, only small tires that have been processed by cutting, shredding, or splitting into sufficiently small parts to assure proper disposal or small tires processed by baling may be disposed of at a disposal site that has a permit issued for a landfill designed and operated as a waste tire monofill. (C) Suitable processed-tire materials may be used in the construction of daily and intermediate cover systems for all landfills if the use is: (i) Authorized by the division; (ii) Shown to not present a threat to human health and the environment; and (iii) Shown to control disease, vectors, fires, odors, blowing litter, or scavenging. (4) A person who leases, owns, or otherwise controls real property may use tires in compliance with procedures approved by and rules promulgated by the Arkansas Pollution Control and Ecology Commission and procedures approved by each district: (A) For soil erosion abatement and drainage purposes; or (B) To secure covers over silage, hay, straw, or agricultural products. (d) A tire processing facility permit or tire collection center permit, or both, is required for: (1) A tire retreading business where tires are kept on any real property owned, leased, or otherwise controlled by the tire retreading business; (2) A person that in the ordinary course of business removes tires from rims and the tires removed from rims are stored on any real property owned, leased, or otherwise controlled by the person; or (3) A tire retailer that is serving as a tire collection center if recyclable tires, waste tires, or used tires culled for resale are kept on any real property owned, leased, or otherwise controlled by the tire retailer. (e) (1) If disposed in the state, waste tires originating from a tire manufacturer shall be disposed of at a permitted tire collection center or a permitted tire processing facility for a fee to be established by the permitted tire collection center or permitted tire processing facility. (2) Records of the disposition of the waste tires originating from a tire manufacturer shall be maintained by that tire manufacturer for a period of at least three (3) years and shall be available for review by the division. Amended by Act 2019, No. 315,§ 688, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 687, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2869, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2868, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2867, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2866, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2865, eff. 7/1/2019. Amended by Act 2017, No. 317,§ 1, eff. 8/1/2017. Amended by Act 2015, No. 840,§ 2, eff. 7/22/2015. Acts 1991, No. 749, § 1; 1993, No. 519, § 1; 1995, No. 1315, § 2; 1997, No. 1292, § 2; 2005, No. 961, § 1; 2005, No. 1951, § 1; 2011, No. 744, § 2.

(a) (1) The owner or operator of any waste tire site shall provide the Division of Environmental Quality and the applicable regional solid waste management district with: (A) Information concerning the waste tire site's location and size and the approximate number of tires that are accumulated at the waste tire site; and (B) A written plan specifying a method and time schedule, subject to approval by the division, for the removal, disposal, or recycling of the tires. (2) The owner or operator shall implement a written plan approved by the division according to the written plan's schedule.

(1) The owner or operator of any waste tire site shall provide the Division of Environmental Quality and the applicable regional solid waste management district with: (A) Information concerning the waste tire site's location and size and the approximate number of tires that are accumulated at the waste tire site; and (B) A written plan specifying a method and time schedule, subject to approval by the division, for the removal, disposal, or recycling of the tires.

(A) Information concerning the waste tire site's location and size and the approximate number of tires that are accumulated at the waste tire site; and

(B) A written plan specifying a method and time schedule, subject to approval by the division, for the removal, disposal, or recycling of the tires.

(2) The owner or operator shall implement a written plan approved by the division according to the written plan's schedule.

(b) A person shall not cause or permit the open burning of tires in the state.

(c) (1) A person shall not maintain a waste tire site. (2) It is illegal for any person to dispose of tires or portions of tires in the state unless the tires or portions of tires are disposed of for processing or collected for processing at a permitted tire processing facility, a tire collection center, or a permitted solid waste disposal facility. (3) (A) Unless otherwise provided by law or rule, whole tires shall not be deposited into a landfill or a waste tire monofill as a method of final disposal unless shredded or split into sufficiently small parts to assure their proper disposal. (B) Unless otherwise provided by law or rule, only small tires that have been processed by cutting, shredding, or splitting into sufficiently small parts to assure proper disposal or small tires processed by baling may be disposed of at a disposal site that has a permit issued for a landfill designed and operated as a waste tire monofill. (C) Suitable processed-tire materials may be used in the construction of daily and intermediate cover systems for all landfills if the use is: (i) Authorized by the division; (ii) Shown to not present a threat to human health and the environment; and (iii) Shown to control disease, vectors, fires, odors, blowing litter, or scavenging. (4) A person who leases, owns, or otherwise controls real property may use tires in compliance with procedures approved by and rules promulgated by the Arkansas Pollution Control and Ecology Commission and procedures approved by each district: (A) For soil erosion abatement and drainage purposes; or (B) To secure covers over silage, hay, straw, or agricultural products.

(1) A person shall not maintain a waste tire site.

(2) It is illegal for any person to dispose of tires or portions of tires in the state unless the tires or portions of tires are disposed of for processing or collected for processing at a permitted tire processing facility, a tire collection center, or a permitted solid waste disposal facility.

(3) (A) Unless otherwise provided by law or rule, whole tires shall not be deposited into a landfill or a waste tire monofill as a method of final disposal unless shredded or split into sufficiently small parts to assure their proper disposal. (B) Unless otherwise provided by law or rule, only small tires that have been processed by cutting, shredding, or splitting into sufficiently small parts to assure proper disposal or small tires processed by baling may be disposed of at a disposal site that has a permit issued for a landfill designed and operated as a waste tire monofill. (C) Suitable processed-tire materials may be used in the construction of daily and intermediate cover systems for all landfills if the use is: (i) Authorized by the division; (ii) Shown to not present a threat to human health and the environment; and (iii) Shown to control disease, vectors, fires, odors, blowing litter, or scavenging.

(A) Unless otherwise provided by law or rule, whole tires shall not be deposited into a landfill or a waste tire monofill as a method of final disposal unless shredded or split into sufficiently small parts to assure their proper disposal.

(B) Unless otherwise provided by law or rule, only small tires that have been processed by cutting, shredding, or splitting into sufficiently small parts to assure proper disposal or small tires processed by baling may be disposed of at a disposal site that has a permit issued for a landfill designed and operated as a waste tire monofill.

(C) Suitable processed-tire materials may be used in the construction of daily and intermediate cover systems for all landfills if the use is: (i) Authorized by the division; (ii) Shown to not present a threat to human health and the environment; and (iii) Shown to control disease, vectors, fires, odors, blowing litter, or scavenging.

(i) Authorized by the division;

(ii) Shown to not present a threat to human health and the environment; and

(iii) Shown to control disease, vectors, fires, odors, blowing litter, or scavenging.

(4) A person who leases, owns, or otherwise controls real property may use tires in compliance with procedures approved by and rules promulgated by the Arkansas Pollution Control and Ecology Commission and procedures approved by each district: (A) For soil erosion abatement and drainage purposes; or (B) To secure covers over silage, hay, straw, or agricultural products.

(A) For soil erosion abatement and drainage purposes; or

(B) To secure covers over silage, hay, straw, or agricultural products.

(d) A tire processing facility permit or tire collection center permit, or both, is required for: (1) A tire retreading business where tires are kept on any real property owned, leased, or otherwise controlled by the tire retreading business; (2) A person that in the ordinary course of business removes tires from rims and the tires removed from rims are stored on any real property owned, leased, or otherwise controlled by the person; or (3) A tire retailer that is serving as a tire collection center if recyclable tires, waste tires, or used tires culled for resale are kept on any real property owned, leased, or otherwise controlled by the tire retailer.

(1) A tire retreading business where tires are kept on any real property owned, leased, or otherwise controlled by the tire retreading business;

(2) A person that in the ordinary course of business removes tires from rims and the tires removed from rims are stored on any real property owned, leased, or otherwise controlled by the person; or

(3) A tire retailer that is serving as a tire collection center if recyclable tires, waste tires, or used tires culled for resale are kept on any real property owned, leased, or otherwise controlled by the tire retailer.

(e) (1) If disposed in the state, waste tires originating from a tire manufacturer shall be disposed of at a permitted tire collection center or a permitted tire processing facility for a fee to be established by the permitted tire collection center or permitted tire processing facility. (2) Records of the disposition of the waste tires originating from a tire manufacturer shall be maintained by that tire manufacturer for a period of at least three (3) years and shall be available for review by the division.

(1) If disposed in the state, waste tires originating from a tire manufacturer shall be disposed of at a permitted tire collection center or a permitted tire processing facility for a fee to be established by the permitted tire collection center or permitted tire processing facility.

(2) Records of the disposition of the waste tires originating from a tire manufacturer shall be maintained by that tire manufacturer for a period of at least three (3) years and shall be available for review by the division.

Amended by Act 2019, No. 315,§ 688, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 687, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2869, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2868, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2867, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2866, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2865, eff. 7/1/2019.

Amended by Act 2017, No. 317,§ 1, eff. 8/1/2017.

Amended by Act 2015, No. 840,§ 2, eff. 7/22/2015.

Acts 1991, No. 749, § 1; 1993, No. 519, § 1; 1995, No. 1315, § 2; 1997, No. 1292, § 2; 2005, No. 961, § 1; 2005, No. 1951, § 1; 2011, No. 744, § 2.
Ark. Code Ann. § 8-7-803 — AR Code / Title 8 / Chapter 7 / Subchapter 8 / Section 8-7-803
Rules generally
Status: in_force

Any rules promulgated under this subchapter shall as much as possible be identical to and no more stringent than the federal regulations adopted by the United States Environmental Protection Agency. Amended by Act 2019, No. 315,§ 646, eff. 7/24/2019. Acts 1989, No. 172, § 3.

Any rules promulgated under this subchapter shall as much as possible be identical to and no more stringent than the federal regulations adopted by the United States Environmental Protection Agency.

Amended by Act 2019, No. 315,§ 646, eff. 7/24/2019.

Acts 1989, No. 172, § 3.