Ark. Code Ann. § 8-6-704 — AR Code / Title 8 / Chapter 6 / Subchapter 7 / Section 8-6-704
Boards - Powers and duties
Status: in_force

(a) The regional solid waste management boards have the following powers and duties: (1) To collect data, study, and initially evaluate the solid waste management needs of all localities within their regional solid waste management districts, as provided in § 8-6-716 , and to publish their findings as a regional needs assessment; (2) To evaluate on a continuous basis the solid waste needs of their districts and thereby update the regional needs assessments at least biennially; (3) To formulate recommendations to all local governments within their districts on solid waste management issues and to formulate plans for providing adequate solid waste management; (4) To issue or deny certificates of need to any applicant for a solid waste disposal facility permit within their districts with the exception of permits for landfills when a private industry bears the expense of operating and maintaining the landfill solely for the disposal of waste generated by the industry or wastes of a similar kind or character; (5) To petition the Director of the Division of Environmental Quality to issue, continue in effect, revoke, modify, or deny any permit for any element of a solid waste management system located within a district based on compliance or noncompliance with the solid waste management plan of the district; (6) To adopt rules under the Arkansas Administrative Procedure Act, § 25-15-201 et seq., as are reasonably necessary to assure public notice and participation in any findings or rulings of the regional solid waste management boards and to administer the duties of the regional solid waste management boards; (7) To establish programs to encourage recycling; (8) To adopt official seals and alter them at pleasure; (9) To maintain offices at such places as they may determine; (10) To sue and be sued in their own names and to plead and be impleaded; (11) To make and execute contracts and other instruments necessary or convenient in the exercise of the powers and functions of a district, including, but not limited to, entering into contracts and agreements with private entities for provision of services; (12) To carry out all other powers and duties conferred by this subchapter and § 8-6-801 et seq.; (13) (A) To enter into agreements with another district to allow a district or any person within that district to transfer solid waste into another district. (B) However, notice of all such authorizations shall be submitted to the Division of Environmental Quality within thirty (30) days and shall be incorporated into the regional needs assessment in its next regular update; and (14) (A) To authorize a disposal facility within a district to accept the receipt of solid waste from an adjoining district upon request by the generator of that solid waste, provided that the request specifies the disposal facility and the nature and estimated annual volume of solid waste to be received. (B) However, notice of all such authorizations shall be submitted to the division within thirty (30) days and shall be incorporated into the regional needs assessment in its next regular update. (b) The regional solid waste management boards may: (1) Apply for such permits, licenses, certificates, or approvals as may be necessary to construct, maintain, and operate any portion of a solid waste management system and to obtain, hold, and use licenses, permits, certificates, or approvals in the same manner as any other person or operating unit of any other person; (2) Employ such engineers, architects, attorneys, real estate counselors, appraisers, financial advisors, and other consultants and employees as may be required in the judgment of the district and fix and pay their compensation from funds available to the district therefor; (3) Purchase all kinds of insurance, including, but not limited to, insurance against tort liability, business interruption, and risks of damage to property; and (4) Employ an environmental officer who may: (A) Inspect all landfills; (B) Inspect other solid waste facilities; (C) Inspect waste haulers and other vehicles; (D) Ensure compliance with all district regulations; (E) Collect evidence of noncompliance and present the evidence to the prosecuting attorney; or (F) Issue citations for the violation of any district regulation. (c) The regional solid waste management boards shall adopt and follow county purchasing procedures, as provided in § 14-22-101 et seq., as the approved purchasing procedures for the districts. (d) (1) Each regional solid waste management board shall procure an annual financial audit of the district. Such audits shall be conducted following each board's fiscal year end. Regional solid waste management funds which are subject to audit in conjunction with a single audit performed consistent with Governmental Auditing and Reporting Standards are not required to have a separate audit. (2) (A) Each district shall choose and employ accountants in good standing with the Arkansas State Board of Public Accountancy to conduct these audits in accordance with Governmental Auditing and Reporting Standards issued by the United States Comptroller of the Currency. (B) The district shall pay for such audits from their administrative moneys. (3) Each audit report and accompanying comments and recommendations shall be reviewed by the appropriate regional solid waste management board. (4) Copies of each audit report of a district shall be filed with the division and with Arkansas Legislative Audit. In addition, one (1) copy of the audit report shall be kept for public inspection with the books and records of the district. (5) Failure to provide a full and complete audit report, as required by this subchapter, shall prohibit future distribution of revenue from funding programs that are administered by the division unless otherwise authorized by the director. (6) (A) Arkansas Legislative Audit shall annually select on a random basis one-third (1/3) of the total number of districts for a review of selected policies, procedures, and transactions. (B) The review under subdivision (d)(6)(A) of this section shall include without limitation a determination of compliance with applicable criteria. (C) A report of the reviews under subdivision (d)(6)(A) of this section shall be compiled and presented to: (i) The Legislative Joint Auditing Committee; and (ii) The division. Amended by Act 2019, No. 643,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 1067,§ 6, eff. 5/1/2020. Amended by Act 2019, No. 910,§ 2647, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2646, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2645, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2644, eff. 7/1/2019. Acts 1989, No. 870, § 4; 1991, No. 752, § 2; 1993, No. 619, § 1; 1995, No. 163, § 1; 1997, No. 398, § 1; 1999, No. 341, § 1; 2005, No. 1289, § 1; 2007, No. 209, §§ 1, 2; 2009, No. 1199, § 8.

(a) The regional solid waste management boards have the following powers and duties: (1) To collect data, study, and initially evaluate the solid waste management needs of all localities within their regional solid waste management districts, as provided in § 8-6-716 , and to publish their findings as a regional needs assessment; (2) To evaluate on a continuous basis the solid waste needs of their districts and thereby update the regional needs assessments at least biennially; (3) To formulate recommendations to all local governments within their districts on solid waste management issues and to formulate plans for providing adequate solid waste management; (4) To issue or deny certificates of need to any applicant for a solid waste disposal facility permit within their districts with the exception of permits for landfills when a private industry bears the expense of operating and maintaining the landfill solely for the disposal of waste generated by the industry or wastes of a similar kind or character; (5) To petition the Director of the Division of Environmental Quality to issue, continue in effect, revoke, modify, or deny any permit for any element of a solid waste management system located within a district based on compliance or noncompliance with the solid waste management plan of the district; (6) To adopt rules under the Arkansas Administrative Procedure Act, § 25-15-201 et seq., as are reasonably necessary to assure public notice and participation in any findings or rulings of the regional solid waste management boards and to administer the duties of the regional solid waste management boards; (7) To establish programs to encourage recycling; (8) To adopt official seals and alter them at pleasure; (9) To maintain offices at such places as they may determine; (10) To sue and be sued in their own names and to plead and be impleaded; (11) To make and execute contracts and other instruments necessary or convenient in the exercise of the powers and functions of a district, including, but not limited to, entering into contracts and agreements with private entities for provision of services; (12) To carry out all other powers and duties conferred by this subchapter and § 8-6-801 et seq.; (13) (A) To enter into agreements with another district to allow a district or any person within that district to transfer solid waste into another district. (B) However, notice of all such authorizations shall be submitted to the Division of Environmental Quality within thirty (30) days and shall be incorporated into the regional needs assessment in its next regular update; and (14) (A) To authorize a disposal facility within a district to accept the receipt of solid waste from an adjoining district upon request by the generator of that solid waste, provided that the request specifies the disposal facility and the nature and estimated annual volume of solid waste to be received. (B) However, notice of all such authorizations shall be submitted to the division within thirty (30) days and shall be incorporated into the regional needs assessment in its next regular update.

(1) To collect data, study, and initially evaluate the solid waste management needs of all localities within their regional solid waste management districts, as provided in § 8-6-716 , and to publish their findings as a regional needs assessment;

(2) To evaluate on a continuous basis the solid waste needs of their districts and thereby update the regional needs assessments at least biennially;

(3) To formulate recommendations to all local governments within their districts on solid waste management issues and to formulate plans for providing adequate solid waste management;

(4) To issue or deny certificates of need to any applicant for a solid waste disposal facility permit within their districts with the exception of permits for landfills when a private industry bears the expense of operating and maintaining the landfill solely for the disposal of waste generated by the industry or wastes of a similar kind or character;

(5) To petition the Director of the Division of Environmental Quality to issue, continue in effect, revoke, modify, or deny any permit for any element of a solid waste management system located within a district based on compliance or noncompliance with the solid waste management plan of the district;

(6) To adopt rules under the Arkansas Administrative Procedure Act, § 25-15-201 et seq., as are reasonably necessary to assure public notice and participation in any findings or rulings of the regional solid waste management boards and to administer the duties of the regional solid waste management boards;

(7) To establish programs to encourage recycling;

(8) To adopt official seals and alter them at pleasure;

(9) To maintain offices at such places as they may determine;

(10) To sue and be sued in their own names and to plead and be impleaded;

(11) To make and execute contracts and other instruments necessary or convenient in the exercise of the powers and functions of a district, including, but not limited to, entering into contracts and agreements with private entities for provision of services;

(12) To carry out all other powers and duties conferred by this subchapter and § 8-6-801 et seq.;

(13) (A) To enter into agreements with another district to allow a district or any person within that district to transfer solid waste into another district. (B) However, notice of all such authorizations shall be submitted to the Division of Environmental Quality within thirty (30) days and shall be incorporated into the regional needs assessment in its next regular update; and

(A) To enter into agreements with another district to allow a district or any person within that district to transfer solid waste into another district.

(B) However, notice of all such authorizations shall be submitted to the Division of Environmental Quality within thirty (30) days and shall be incorporated into the regional needs assessment in its next regular update; and

(14) (A) To authorize a disposal facility within a district to accept the receipt of solid waste from an adjoining district upon request by the generator of that solid waste, provided that the request specifies the disposal facility and the nature and estimated annual volume of solid waste to be received. (B) However, notice of all such authorizations shall be submitted to the division within thirty (30) days and shall be incorporated into the regional needs assessment in its next regular update.

(A) To authorize a disposal facility within a district to accept the receipt of solid waste from an adjoining district upon request by the generator of that solid waste, provided that the request specifies the disposal facility and the nature and estimated annual volume of solid waste to be received.

(B) However, notice of all such authorizations shall be submitted to the division within thirty (30) days and shall be incorporated into the regional needs assessment in its next regular update.

(b) The regional solid waste management boards may: (1) Apply for such permits, licenses, certificates, or approvals as may be necessary to construct, maintain, and operate any portion of a solid waste management system and to obtain, hold, and use licenses, permits, certificates, or approvals in the same manner as any other person or operating unit of any other person; (2) Employ such engineers, architects, attorneys, real estate counselors, appraisers, financial advisors, and other consultants and employees as may be required in the judgment of the district and fix and pay their compensation from funds available to the district therefor; (3) Purchase all kinds of insurance, including, but not limited to, insurance against tort liability, business interruption, and risks of damage to property; and (4) Employ an environmental officer who may: (A) Inspect all landfills; (B) Inspect other solid waste facilities; (C) Inspect waste haulers and other vehicles; (D) Ensure compliance with all district regulations; (E) Collect evidence of noncompliance and present the evidence to the prosecuting attorney; or (F) Issue citations for the violation of any district regulation.

(1) Apply for such permits, licenses, certificates, or approvals as may be necessary to construct, maintain, and operate any portion of a solid waste management system and to obtain, hold, and use licenses, permits, certificates, or approvals in the same manner as any other person or operating unit of any other person;

(2) Employ such engineers, architects, attorneys, real estate counselors, appraisers, financial advisors, and other consultants and employees as may be required in the judgment of the district and fix and pay their compensation from funds available to the district therefor;

(3) Purchase all kinds of insurance, including, but not limited to, insurance against tort liability, business interruption, and risks of damage to property; and

(4) Employ an environmental officer who may: (A) Inspect all landfills; (B) Inspect other solid waste facilities; (C) Inspect waste haulers and other vehicles; (D) Ensure compliance with all district regulations; (E) Collect evidence of noncompliance and present the evidence to the prosecuting attorney; or (F) Issue citations for the violation of any district regulation.

(A) Inspect all landfills;

(B) Inspect other solid waste facilities;

(C) Inspect waste haulers and other vehicles;

(D) Ensure compliance with all district regulations;

(E) Collect evidence of noncompliance and present the evidence to the prosecuting attorney; or

(F) Issue citations for the violation of any district regulation.

(c) The regional solid waste management boards shall adopt and follow county purchasing procedures, as provided in § 14-22-101 et seq., as the approved purchasing procedures for the districts.

(d) (1) Each regional solid waste management board shall procure an annual financial audit of the district. Such audits shall be conducted following each board's fiscal year end. Regional solid waste management funds which are subject to audit in conjunction with a single audit performed consistent with Governmental Auditing and Reporting Standards are not required to have a separate audit. (2) (A) Each district shall choose and employ accountants in good standing with the Arkansas State Board of Public Accountancy to conduct these audits in accordance with Governmental Auditing and Reporting Standards issued by the United States Comptroller of the Currency. (B) The district shall pay for such audits from their administrative moneys. (3) Each audit report and accompanying comments and recommendations shall be reviewed by the appropriate regional solid waste management board. (4) Copies of each audit report of a district shall be filed with the division and with Arkansas Legislative Audit. In addition, one (1) copy of the audit report shall be kept for public inspection with the books and records of the district. (5) Failure to provide a full and complete audit report, as required by this subchapter, shall prohibit future distribution of revenue from funding programs that are administered by the division unless otherwise authorized by the director. (6) (A) Arkansas Legislative Audit shall annually select on a random basis one-third (1/3) of the total number of districts for a review of selected policies, procedures, and transactions. (B) The review under subdivision (d)(6)(A) of this section shall include without limitation a determination of compliance with applicable criteria. (C) A report of the reviews under subdivision (d)(6)(A) of this section shall be compiled and presented to: (i) The Legislative Joint Auditing Committee; and (ii) The division.

(1) Each regional solid waste management board shall procure an annual financial audit of the district. Such audits shall be conducted following each board's fiscal year end. Regional solid waste management funds which are subject to audit in conjunction with a single audit performed consistent with Governmental Auditing and Reporting Standards are not required to have a separate audit.

(2) (A) Each district shall choose and employ accountants in good standing with the Arkansas State Board of Public Accountancy to conduct these audits in accordance with Governmental Auditing and Reporting Standards issued by the United States Comptroller of the Currency. (B) The district shall pay for such audits from their administrative moneys.

(A) Each district shall choose and employ accountants in good standing with the Arkansas State Board of Public Accountancy to conduct these audits in accordance with Governmental Auditing and Reporting Standards issued by the United States Comptroller of the Currency.

(B) The district shall pay for such audits from their administrative moneys.

(3) Each audit report and accompanying comments and recommendations shall be reviewed by the appropriate regional solid waste management board.

(4) Copies of each audit report of a district shall be filed with the division and with Arkansas Legislative Audit. In addition, one (1) copy of the audit report shall be kept for public inspection with the books and records of the district.

(5) Failure to provide a full and complete audit report, as required by this subchapter, shall prohibit future distribution of revenue from funding programs that are administered by the division unless otherwise authorized by the director.

(6) (A) Arkansas Legislative Audit shall annually select on a random basis one-third (1/3) of the total number of districts for a review of selected policies, procedures, and transactions. (B) The review under subdivision (d)(6)(A) of this section shall include without limitation a determination of compliance with applicable criteria. (C) A report of the reviews under subdivision (d)(6)(A) of this section shall be compiled and presented to: (i) The Legislative Joint Auditing Committee; and (ii) The division.

(A) Arkansas Legislative Audit shall annually select on a random basis one-third (1/3) of the total number of districts for a review of selected policies, procedures, and transactions.

(B) The review under subdivision (d)(6)(A) of this section shall include without limitation a determination of compliance with applicable criteria.

(C) A report of the reviews under subdivision (d)(6)(A) of this section shall be compiled and presented to: (i) The Legislative Joint Auditing Committee; and (ii) The division.

(i) The Legislative Joint Auditing Committee; and

(ii) The division.

Amended by Act 2019, No. 643,§ 1, eff. 7/24/2019.

Amended by Act 2019, No. 1067,§ 6, eff. 5/1/2020.

Amended by Act 2019, No. 910,§ 2647, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2646, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2645, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2644, eff. 7/1/2019.

Acts 1989, No. 870, § 4; 1991, No. 752, § 2; 1993, No. 619, § 1; 1995, No. 163, § 1; 1997, No. 398, § 1; 1999, No. 341, § 1; 2005, No. 1289, § 1; 2007, No. 209, §§ 1, 2; 2009, No. 1199, § 8.
Ark. Code Ann. § 8-4-209 — AR Code / Title 8 / Chapter 4 / Subchapter 2 / Section 8-4-209
State water pollution control agency - Participation of certain persons prohibited in approval of permit applications
Status: in_force

Any provision of state law to the contrary notwithstanding, no member of the Division of Environmental Quality or the Arkansas Pollution Control and Ecology Commission or other state agency who receives or has during the previous two (2) years received a significant portion of his or her income directly or indirectly from permit holders or applicants for a permit shall participate in the approval of the National Pollutant Discharge Elimination System permit applications or portions thereof. Amended by Act 2019, No. 910,§ 2497, eff. 7/1/2019. Acts 1949, No. 472, [Part 1], § 2; 1975, No. 743, § 5; A.S.A. 1947, § 82-1904.

Any provision of state law to the contrary notwithstanding, no member of the Division of Environmental Quality or the Arkansas Pollution Control and Ecology Commission or other state agency who receives or has during the previous two (2) years received a significant portion of his or her income directly or indirectly from permit holders or applicants for a permit shall participate in the approval of the National Pollutant Discharge Elimination System permit applications or portions thereof.

Amended by Act 2019, No. 910,§ 2497, eff. 7/1/2019.

Acts 1949, No. 472, [Part 1], § 2; 1975, No. 743, § 5; A.S.A. 1947, § 82-1904.
Ark. Code Ann. § 8-5-607 — AR Code / Title 8 / Chapter 5 / Subchapter 6 / Section 8-5-607
Service agreements generally
Status: in_force

(a) (1) In connection with a privatization contract, a local government, if authorized by ordinance of its governing body, may enter into one (1) or more service agreements with a private owner or operator pursuant to which the private owner or operator will provide one (1) or more sewer services or solid waste disposal services to or for the benefit of the local government. (2) The service agreement may provide for the purchase by the local government of all or any part of the capacity, capability, or output of the facilities used to provide the applicable sewer service or solid waste disposal service and shall contain such other terms and conditions as the local government and the private owner or operator may provide, including without limitation, the charges or rates for the services and a covenant by the local government to maintain rates sufficient to pay debt service incurred in connection with the financing of construction of a wastewater project or solid waste disposal project. (b) (1) Prior to the execution of a service agreement, the local government shall publish notice of its intention to adopt an ordinance to accomplish the service agreement. (2) The notice shall: (A) Set forth a brief summary of the service agreement 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 service agreement. (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 service agreement 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, § 5; A.S.A. 1947, § 82-1992.4; Acts 1991, No. 629, § 6.

(a) (1) In connection with a privatization contract, a local government, if authorized by ordinance of its governing body, may enter into one (1) or more service agreements with a private owner or operator pursuant to which the private owner or operator will provide one (1) or more sewer services or solid waste disposal services to or for the benefit of the local government. (2) The service agreement may provide for the purchase by the local government of all or any part of the capacity, capability, or output of the facilities used to provide the applicable sewer service or solid waste disposal service and shall contain such other terms and conditions as the local government and the private owner or operator may provide, including without limitation, the charges or rates for the services and a covenant by the local government to maintain rates sufficient to pay debt service incurred in connection with the financing of construction of a wastewater project or solid waste disposal project.

(1) In connection with a privatization contract, a local government, if authorized by ordinance of its governing body, may enter into one (1) or more service agreements with a private owner or operator pursuant to which the private owner or operator will provide one (1) or more sewer services or solid waste disposal services to or for the benefit of the local government.

(2) The service agreement may provide for the purchase by the local government of all or any part of the capacity, capability, or output of the facilities used to provide the applicable sewer service or solid waste disposal service and shall contain such other terms and conditions as the local government and the private owner or operator may provide, including without limitation, the charges or rates for the services and a covenant by the local government to maintain rates sufficient to pay debt service incurred in connection with the financing of construction of a wastewater project or solid waste disposal project.

(b) (1) Prior to the execution of a service agreement, the local government shall publish notice of its intention to adopt an ordinance to accomplish the service agreement. (2) The notice shall: (A) Set forth a brief summary of the service agreement 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 service agreement.

(1) Prior to the execution of a service agreement, the local government shall publish notice of its intention to adopt an ordinance to accomplish the service agreement.

(2) The notice shall: (A) Set forth a brief summary of the service agreement 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 service agreement 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 service agreement.

(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 service agreement 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, § 5; A.S.A. 1947, § 82-1992.4; Acts 1991, No. 629, § 6.
Ark. Code Ann. § 8-9-407 — AR Code / Title 8 / Chapter 9 / Subchapter 4 / Section 8-9-407
Electronic uniform used tire manifest system
Status: in_force

(a) The following entities shall use the electronic uniform used tire manifest system to accurately report all information related to the collection, transportation, distribution, and recycling or disposal of recyclable tires, waste tires, and used tires culled for resale: (1) Used tire programs; (2) Tire generators; (3) Tire collection centers; (4) Any person who: (A) Removes a tire from the used tire program after it is collected; or (B) Imports a tire under § 8-9-404(c) ; and (5) Commercial generators. (b) If any of the persons or entities listed in subsection (a) of this section cannot use the electronic uniform used tire manifest system, the person or entity may submit to the used tire program an equivalent paper version which shall be entered into the electronic uniform used tire manifest system. Amended by Act 2019, No. 693,§ 40, eff. 7/24/2019. Added by Act 2017, No. 317,§ 1, eff. 8/1/2017.

(a) The following entities shall use the electronic uniform used tire manifest system to accurately report all information related to the collection, transportation, distribution, and recycling or disposal of recyclable tires, waste tires, and used tires culled for resale: (1) Used tire programs; (2) Tire generators; (3) Tire collection centers; (4) Any person who: (A) Removes a tire from the used tire program after it is collected; or (B) Imports a tire under § 8-9-404(c) ; and (5) Commercial generators.

(1) Used tire programs;

(2) Tire generators;

(3) Tire collection centers;

(4) Any person who: (A) Removes a tire from the used tire program after it is collected; or (B) Imports a tire under § 8-9-404(c) ; and

(A) Removes a tire from the used tire program after it is collected; or

(B) Imports a tire under § 8-9-404(c) ; and

(5) Commercial generators.

(b) If any of the persons or entities listed in subsection (a) of this section cannot use the electronic uniform used tire manifest system, the person or entity may submit to the used tire program an equivalent paper version which shall be entered into the electronic uniform used tire manifest system.

Amended by Act 2019, No. 693,§ 40, eff. 7/24/2019.

Added by Act 2017, No. 317,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 8-4-107 — AR Code / Title 8 / Chapter 4 / Subchapter 1 / Section 8-4-107
Prosecution of public nuisance actions
Status: in_force

In any legal action arising from, relating to, or including violations of laws or rules charged to the enforcement authority of the Division of Environmental Quality that also alleges the existence of a public nuisance at common law, the Attorney General or the division may serve as the instrumentality of the state authorized to initiate and prosecute such action. Amended by Act 2019, No. 315,§ 456, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2479, eff. 7/1/2019. Acts 1991, No. 516, § 4; 1999, No. 1164, § 18.

In any legal action arising from, relating to, or including violations of laws or rules charged to the enforcement authority of the Division of Environmental Quality that also alleges the existence of a public nuisance at common law, the Attorney General or the division may serve as the instrumentality of the state authorized to initiate and prosecute such action.

Amended by Act 2019, No. 315,§ 456, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2479, eff. 7/1/2019.

Acts 1991, No. 516, § 4; 1999, No. 1164, § 18.
Ark. Code Ann. § 8-5-204 — AR Code / Title 8 / Chapter 5 / Subchapter 2 / Section 8-5-204
Licensing committee
Status: in_force

(a) (1) There is created and established a licensing committee to advise and assist the Arkansas Pollution Control and Ecology Commission and the Division of Environmental Quality in the administration of the licensing program. (2) The committee shall be composed of eight (8) members: (A) Five (5) members, to be appointed by the commission, of which three (3) members shall be active wastewater treatment plant operators licensed by the commission and two (2) members shall be employed by a private corporation or industry located in Arkansas and nominated at large by the corporations or industries for service on the committee; (B) One (1) member, to be appointed by the commission, shall be an employee of a municipality operating a wastewater treatment plant who holds the position of chief administrative officer, city engineer, director of public utilities, or other equivalent position; (C) One (1) member, to be appointed by the commission, shall be a faculty member of an accredited college, university, or professional school in this state whose major field is related to water resources or sanitary engineering; and (D) One (1) member shall be the Director of the Division of Environmental Quality or a qualified member of his or her staff who shall act as executive secretary of the committee. (b) (1) In the event of a vacancy, a new member shall be appointed by the commission to serve out the unexpired term. (2) No member appointed by the commission shall serve more than two (2) consecutive three-year terms. (c) (1) State agency members of the committee shall receive no additional salary or per diem for their services as members of the committee, but they may receive expense reimbursement in accordance with § 25-16-901 et seq. (2) The members appointed by the commission may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq. Amended by Act 2023, No. 390,§ 4, eff. 8/1/2023. Amended by Act 2019, No. 910,§ 2558, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2557, eff. 7/1/2019. Acts 1971, No. 211, § 6; A.S.A. 1947, § 82-1988; Acts 1993, No. 556, § 1; 1997, No. 250, § 46; 1997, No. 697, § 2; 1997, No. 1219, § 7; 1999, No. 719, §§ 2, 3; 1999, No. 1164, § 40.

(a) (1) There is created and established a licensing committee to advise and assist the Arkansas Pollution Control and Ecology Commission and the Division of Environmental Quality in the administration of the licensing program. (2) The committee shall be composed of eight (8) members: (A) Five (5) members, to be appointed by the commission, of which three (3) members shall be active wastewater treatment plant operators licensed by the commission and two (2) members shall be employed by a private corporation or industry located in Arkansas and nominated at large by the corporations or industries for service on the committee; (B) One (1) member, to be appointed by the commission, shall be an employee of a municipality operating a wastewater treatment plant who holds the position of chief administrative officer, city engineer, director of public utilities, or other equivalent position; (C) One (1) member, to be appointed by the commission, shall be a faculty member of an accredited college, university, or professional school in this state whose major field is related to water resources or sanitary engineering; and (D) One (1) member shall be the Director of the Division of Environmental Quality or a qualified member of his or her staff who shall act as executive secretary of the committee.

(1) There is created and established a licensing committee to advise and assist the Arkansas Pollution Control and Ecology Commission and the Division of Environmental Quality in the administration of the licensing program.

(2) The committee shall be composed of eight (8) members: (A) Five (5) members, to be appointed by the commission, of which three (3) members shall be active wastewater treatment plant operators licensed by the commission and two (2) members shall be employed by a private corporation or industry located in Arkansas and nominated at large by the corporations or industries for service on the committee; (B) One (1) member, to be appointed by the commission, shall be an employee of a municipality operating a wastewater treatment plant who holds the position of chief administrative officer, city engineer, director of public utilities, or other equivalent position; (C) One (1) member, to be appointed by the commission, shall be a faculty member of an accredited college, university, or professional school in this state whose major field is related to water resources or sanitary engineering; and (D) One (1) member shall be the Director of the Division of Environmental Quality or a qualified member of his or her staff who shall act as executive secretary of the committee.

(A) Five (5) members, to be appointed by the commission, of which three (3) members shall be active wastewater treatment plant operators licensed by the commission and two (2) members shall be employed by a private corporation or industry located in Arkansas and nominated at large by the corporations or industries for service on the committee;

(B) One (1) member, to be appointed by the commission, shall be an employee of a municipality operating a wastewater treatment plant who holds the position of chief administrative officer, city engineer, director of public utilities, or other equivalent position;

(C) One (1) member, to be appointed by the commission, shall be a faculty member of an accredited college, university, or professional school in this state whose major field is related to water resources or sanitary engineering; and

(D) One (1) member shall be the Director of the Division of Environmental Quality or a qualified member of his or her staff who shall act as executive secretary of the committee.

(b) (1) In the event of a vacancy, a new member shall be appointed by the commission to serve out the unexpired term. (2) No member appointed by the commission shall serve more than two (2) consecutive three-year terms.

(1) In the event of a vacancy, a new member shall be appointed by the commission to serve out the unexpired term.

(2) No member appointed by the commission shall serve more than two (2) consecutive three-year terms.

(c) (1) State agency members of the committee shall receive no additional salary or per diem for their services as members of the committee, but they may receive expense reimbursement in accordance with § 25-16-901 et seq. (2) The members appointed by the commission may receive expense reimbursement and stipends in accordance with § 25-16-901 et seq.

(1) State agency members of the committee shall receive no additional salary or per diem for their services as members of the committee, but they may receive expense reimbursement in accordance with § 25-16-901 et seq.

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

Amended by Act 2023, No. 390,§ 4, eff. 8/1/2023.

Amended by Act 2019, No. 910,§ 2558, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2557, eff. 7/1/2019.

Acts 1971, No. 211, § 6; A.S.A. 1947, § 82-1988; Acts 1993, No. 556, § 1; 1997, No. 250, § 46; 1997, No. 697, § 2; 1997, No. 1219, § 7; 1999, No. 719, §§ 2, 3; 1999, No. 1164, § 40.
Ark. Code Ann. § 8-15-119 — AR Code / Title 8 / Chapter 15 / Section 8-15-119
Notice to mortgage lender
Status: in_force

At least thirty (30) days before the execution of an agreement with a property assessed energy improvement district, an owner shall provide written notice to each mortgage lender holding a lien on the owner's property of the owner's application to participate in a PACE program. Added by Act 2013, No. 1074,§ 1, eff. 8/16/2013.

At least thirty (30) days before the execution of an agreement with a property assessed energy improvement district, an owner shall provide written notice to each mortgage lender holding a lien on the owner's property of the owner's application to participate in a PACE program.

Added by Act 2013, No. 1074,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 8-6-710 — AR Code / Title 8 / Chapter 6 / Subchapter 7 / Section 8-6-710
Solid waste management responsibility
Status: in_force

(a) (1) Each regional solid waste management board shall be the governmental entity primarily responsible for providing a solid waste management system for the regional solid waste management district. (2) The counties and municipalities shall continue to be responsible for solid waste management services within their corporate boundaries until the board determines in writing that the district is able to assume the solid waste management responsibilities of the municipality or county. (b) Counties and municipalities in a district may provide a portion of the solid waste management services, such as solid waste pickup, while the board provides other services and has assumed responsibility therefor, such as disposal facilities, in which event, the counties and municipalities shall retain only the responsibility for the system related to the services provided. In performing those retained responsibilities or assisting the board in performing its responsibilities, counties and municipalities shall retain all present legal powers and authority related to those responsibilities, including, but not limited to, power and authority to levy and collect fees and charges. Counties and municipalities may provide additional solid waste management services in excess of those provided by the district at their own expense so long as such solid waste management services conform to the district solid waste management plan. Acts 1991, No. 752, § 2.

(a) (1) Each regional solid waste management board shall be the governmental entity primarily responsible for providing a solid waste management system for the regional solid waste management district. (2) The counties and municipalities shall continue to be responsible for solid waste management services within their corporate boundaries until the board determines in writing that the district is able to assume the solid waste management responsibilities of the municipality or county.

(1) Each regional solid waste management board shall be the governmental entity primarily responsible for providing a solid waste management system for the regional solid waste management district.

(2) The counties and municipalities shall continue to be responsible for solid waste management services within their corporate boundaries until the board determines in writing that the district is able to assume the solid waste management responsibilities of the municipality or county.

(b) Counties and municipalities in a district may provide a portion of the solid waste management services, such as solid waste pickup, while the board provides other services and has assumed responsibility therefor, such as disposal facilities, in which event, the counties and municipalities shall retain only the responsibility for the system related to the services provided. In performing those retained responsibilities or assisting the board in performing its responsibilities, counties and municipalities shall retain all present legal powers and authority related to those responsibilities, including, but not limited to, power and authority to levy and collect fees and charges. Counties and municipalities may provide additional solid waste management services in excess of those provided by the district at their own expense so long as such solid waste management services conform to the district solid waste management plan.

Acts 1991, No. 752, § 2.
Ark. Code Ann. § 8-9-805 — AR Code / Title 8 / Chapter 9 / Subchapter 8 / Section 8-9-805
Reporting - Hearings
Status: in_force

(a) Upon completion of the analysis of the technical and economic feasibility and commercial viability requirements in § 8-9-804 , the Division of Environmental Quality shall present a report on the results of the analysis to the Legislative Council. (b) The Legislative Council shall hold hearings on the technical and economic feasibility and commercial viability of the interim storage and recycling of spent nuclear fuel and include the following committees, the: (1) House Committee on Insurance and Commerce; (2) Senate Committee on Insurance and Commerce; (3) House Committee on Public Health, Welfare, and Labor; (4) Senate Committee on Public Health, Welfare, and Labor; and (5) Joint Energy Committee. (c) The Legislative Council shall develop a recommendation based upon the hearings and present the recommendation to the Governor regarding the technical and economic feasibility and commercial viability of the interim storage and recycling of spent nuclear fuel at locations in Arkansas. (d) Upon a finding by the Legislative Council and approval by the Governor that it is technically and economically feasible, commercially viable, and appropriate to declare the state open to the interim storage and recycling of spent nuclear fuel for the purpose of securing federal funds for the interim storage and recycling of spent nuclear fuel, public outreach and education under § 8-9-806 may begin. Added by Act 2023, No. 259,§ 1, eff. 8/1/2023.

(a) Upon completion of the analysis of the technical and economic feasibility and commercial viability requirements in § 8-9-804 , the Division of Environmental Quality shall present a report on the results of the analysis to the Legislative Council.

(b) The Legislative Council shall hold hearings on the technical and economic feasibility and commercial viability of the interim storage and recycling of spent nuclear fuel and include the following committees, the: (1) House Committee on Insurance and Commerce; (2) Senate Committee on Insurance and Commerce; (3) House Committee on Public Health, Welfare, and Labor; (4) Senate Committee on Public Health, Welfare, and Labor; and (5) Joint Energy Committee.

(1) House Committee on Insurance and Commerce;

(2) Senate Committee on Insurance and Commerce;

(3) House Committee on Public Health, Welfare, and Labor;

(4) Senate Committee on Public Health, Welfare, and Labor; and

(5) Joint Energy Committee.

(c) The Legislative Council shall develop a recommendation based upon the hearings and present the recommendation to the Governor regarding the technical and economic feasibility and commercial viability of the interim storage and recycling of spent nuclear fuel at locations in Arkansas.

(d) Upon a finding by the Legislative Council and approval by the Governor that it is technically and economically feasible, commercially viable, and appropriate to declare the state open to the interim storage and recycling of spent nuclear fuel for the purpose of securing federal funds for the interim storage and recycling of spent nuclear fuel, public outreach and education under § 8-9-806 may begin.

Added by Act 2023, No. 259,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 8-12-103 — AR Code / Title 8 / Chapter 12 / Section 8-12-103
Natural Resources Damages Trust Fund
Status: in_force

(a) (1) There is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a trust fund to be known as the "Natural Resources Damages Trust Fund". (2) In addition to all moneys appropriated by the General Assembly to the fund, there shall be deposited into the fund all payments collected by the state for restoration, rehabilitation, replacement, or acquisition of natural resources, any moneys received by the state as a gift or donation to the fund or any federal moneys designated to enter the fund, and all interest earned upon moneys deposited into the fund. (3) All moneys received into the fund shall be utilized for natural resource restoration, rehabilitation, replacement, or acquisition. (b) All expenditures from the fund shall be authorized by the Natural Resources Damages Advisory Board according to the provisions of this chapter and the requirements or conditions of any orders, settlement agreements, gifts, or donations. Acts 1999, No. 895, § 1.

(a) (1) There is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a trust fund to be known as the "Natural Resources Damages Trust Fund". (2) In addition to all moneys appropriated by the General Assembly to the fund, there shall be deposited into the fund all payments collected by the state for restoration, rehabilitation, replacement, or acquisition of natural resources, any moneys received by the state as a gift or donation to the fund or any federal moneys designated to enter the fund, and all interest earned upon moneys deposited into the fund. (3) All moneys received into the fund shall be utilized for natural resource restoration, rehabilitation, replacement, or acquisition.

(1) There is established on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a trust fund to be known as the "Natural Resources Damages Trust Fund".

(2) In addition to all moneys appropriated by the General Assembly to the fund, there shall be deposited into the fund all payments collected by the state for restoration, rehabilitation, replacement, or acquisition of natural resources, any moneys received by the state as a gift or donation to the fund or any federal moneys designated to enter the fund, and all interest earned upon moneys deposited into the fund.

(3) All moneys received into the fund shall be utilized for natural resource restoration, rehabilitation, replacement, or acquisition.

(b) All expenditures from the fund shall be authorized by the Natural Resources Damages Advisory Board according to the provisions of this chapter and the requirements or conditions of any orders, settlement agreements, gifts, or donations.

Acts 1999, No. 895, § 1.
Ark. Code Ann. § 8-4-218 — AR Code / Title 8 / Chapter 4 / Subchapter 2 / Section 8-4-218
Violations of chapter, orders, rules, etc. - Hearings - Notice
Status: in_force

(a) Whenever the Division of Environmental Quality or its successor determines that there are reasonable grounds to believe that there has been a violation of any of the provisions of this chapter or any order or rule of the Arkansas Pollution Control and Ecology Commission, it may give written notice to the alleged violator specifying the causes of complaint. (b) The notice shall require that the matters that are the causes of complaint be corrected or that the alleged violator appear before the commission at a time and place specified in the notice and answer the charges that are the causes of complaint. (c) The notice shall be served upon the alleged violator in accordance with the provisions of § 8-4-214 not less than ten (10) days before the time set for the hearing. Amended by Act 2019, No. 315,§ 476, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2507, eff. 7/1/2019. Amended by Act 2013, No. 1127,§ 3, eff. 8/16/2013. Acts 1949, No. 472, [Part 1], § 5; 1961, No. 120, § 6; A.S.A. 1947, § 82-1906; Acts 1997, No. 1219, § 5; 1999, No. 1164, § 28.

(a) Whenever the Division of Environmental Quality or its successor determines that there are reasonable grounds to believe that there has been a violation of any of the provisions of this chapter or any order or rule of the Arkansas Pollution Control and Ecology Commission, it may give written notice to the alleged violator specifying the causes of complaint.

(b) The notice shall require that the matters that are the causes of complaint be corrected or that the alleged violator appear before the commission at a time and place specified in the notice and answer the charges that are the causes of complaint.

(c) The notice shall be served upon the alleged violator in accordance with the provisions of § 8-4-214 not less than ten (10) days before the time set for the hearing.

Amended by Act 2019, No. 315,§ 476, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2507, eff. 7/1/2019.

Amended by Act 2013, No. 1127,§ 3, eff. 8/16/2013.

Acts 1949, No. 472, [Part 1], § 5; 1961, No. 120, § 6; A.S.A. 1947, § 82-1906; Acts 1997, No. 1219, § 5; 1999, No. 1164, § 28.
Ark. Code Ann. § 8-9-414 — AR Code / Title 8 / Chapter 9 / Subchapter 4 / Section 8-9-414
Powers and duties of the Arkansas Pollution Control and Ecology Commission
Status: in_force

(a) The Arkansas Pollution Control and Ecology Commission shall promulgate rules to carry out the intent and purposes of this subchapter. (b) The rules shall: (1) (A) Except as provided under subdivision (b)(1)(B) of this section, provide for the administration of permits for tire processing facilities, tire collection centers, commercial generators, and any other person or entity that collects, receives, processes, recycles, or disposes of used tires regulated under this subchapter with the maximum permit fee not to exceed two hundred fifty dollars ($250) annually. (B) The maximum permit fee under this subdivision (b)(1) shall not apply to tire transporters; (2) Establish standards for tire processing facilities, tire collection centers, tire transporters, and beneficial use projects; (3) Establish procedures for administering reimbursements to used tire programs under § 8-9-405 ; (4) Unless otherwise provided by law, authorize the final disposition of waste tires at a permitted solid waste disposal facility if the waste tires have been cut into sufficiently small parts for proper disposal and in compliance with this subchapter and all other applicable provisions in this title; (5) Establish procedures for administering the electronic uniform used tire manifest system; (6) Establish accountability procedures for the sustainability of used tire programs operated under this subchapter; and (7) (A) Establish the number of tires that each individual who is a resident of a regional solid waste management district may discard monthly without a fee. (B) The maximum number of tires under this subdivision (b)(7) shall not be more than four (4) tires per month. (c) The commission may: (1) Develop an alternative tire transporter licensing program to be administered by used tire programs, regional solid waste management boards, or both; (2) Promulgate rules that are necessary to administer the fees and reimbursement rates for services provided under this subchapter by the used tire programs; and (3) Clarify and add definitions for sizes of tires using technical information and specifications. (d) (1) The commission shall encourage the establishment of voluntary tire collection centers where used tires generated in Arkansas can be deposited. (2) The voluntary tire collection centers shall include without limitation tire retailers, tire processing facilities, and solid waste disposal facilities. (3) The voluntary tire collection centers shall not include the collection of tires generated by a tire manufacturer. (e) The commission shall not prohibit the disposal of waste tires in landfills or monofills for three (3) years from August 1, 2017. (f) The commission shall waive the imposition of any permit fee imposed under this subchapter on any used tire program created by § 8-9-410 . Amended by Act 2023, No. 713,§ 8, eff. 4/11/2023. Amended by Act 2019, No. 315,§ 691, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 690, eff. 7/24/2019. Added by Act 2017, No. 317,§ 1, eff. 8/1/2017.

(a) The Arkansas Pollution Control and Ecology Commission shall promulgate rules to carry out the intent and purposes of this subchapter.

(b) The rules shall: (1) (A) Except as provided under subdivision (b)(1)(B) of this section, provide for the administration of permits for tire processing facilities, tire collection centers, commercial generators, and any other person or entity that collects, receives, processes, recycles, or disposes of used tires regulated under this subchapter with the maximum permit fee not to exceed two hundred fifty dollars ($250) annually. (B) The maximum permit fee under this subdivision (b)(1) shall not apply to tire transporters; (2) Establish standards for tire processing facilities, tire collection centers, tire transporters, and beneficial use projects; (3) Establish procedures for administering reimbursements to used tire programs under § 8-9-405 ; (4) Unless otherwise provided by law, authorize the final disposition of waste tires at a permitted solid waste disposal facility if the waste tires have been cut into sufficiently small parts for proper disposal and in compliance with this subchapter and all other applicable provisions in this title; (5) Establish procedures for administering the electronic uniform used tire manifest system; (6) Establish accountability procedures for the sustainability of used tire programs operated under this subchapter; and (7) (A) Establish the number of tires that each individual who is a resident of a regional solid waste management district may discard monthly without a fee. (B) The maximum number of tires under this subdivision (b)(7) shall not be more than four (4) tires per month.

(1) (A) Except as provided under subdivision (b)(1)(B) of this section, provide for the administration of permits for tire processing facilities, tire collection centers, commercial generators, and any other person or entity that collects, receives, processes, recycles, or disposes of used tires regulated under this subchapter with the maximum permit fee not to exceed two hundred fifty dollars ($250) annually. (B) The maximum permit fee under this subdivision (b)(1) shall not apply to tire transporters;

(A) Except as provided under subdivision (b)(1)(B) of this section, provide for the administration of permits for tire processing facilities, tire collection centers, commercial generators, and any other person or entity that collects, receives, processes, recycles, or disposes of used tires regulated under this subchapter with the maximum permit fee not to exceed two hundred fifty dollars ($250) annually.

(B) The maximum permit fee under this subdivision (b)(1) shall not apply to tire transporters;

(2) Establish standards for tire processing facilities, tire collection centers, tire transporters, and beneficial use projects;

(3) Establish procedures for administering reimbursements to used tire programs under § 8-9-405 ;

(4) Unless otherwise provided by law, authorize the final disposition of waste tires at a permitted solid waste disposal facility if the waste tires have been cut into sufficiently small parts for proper disposal and in compliance with this subchapter and all other applicable provisions in this title;

(5) Establish procedures for administering the electronic uniform used tire manifest system;

(6) Establish accountability procedures for the sustainability of used tire programs operated under this subchapter; and

(7) (A) Establish the number of tires that each individual who is a resident of a regional solid waste management district may discard monthly without a fee. (B) The maximum number of tires under this subdivision (b)(7) shall not be more than four (4) tires per month.

(A) Establish the number of tires that each individual who is a resident of a regional solid waste management district may discard monthly without a fee.

(B) The maximum number of tires under this subdivision (b)(7) shall not be more than four (4) tires per month.

(c) The commission may: (1) Develop an alternative tire transporter licensing program to be administered by used tire programs, regional solid waste management boards, or both; (2) Promulgate rules that are necessary to administer the fees and reimbursement rates for services provided under this subchapter by the used tire programs; and (3) Clarify and add definitions for sizes of tires using technical information and specifications.

(1) Develop an alternative tire transporter licensing program to be administered by used tire programs, regional solid waste management boards, or both;

(2) Promulgate rules that are necessary to administer the fees and reimbursement rates for services provided under this subchapter by the used tire programs; and

(3) Clarify and add definitions for sizes of tires using technical information and specifications.

(d) (1) The commission shall encourage the establishment of voluntary tire collection centers where used tires generated in Arkansas can be deposited. (2) The voluntary tire collection centers shall include without limitation tire retailers, tire processing facilities, and solid waste disposal facilities. (3) The voluntary tire collection centers shall not include the collection of tires generated by a tire manufacturer.

(1) The commission shall encourage the establishment of voluntary tire collection centers where used tires generated in Arkansas can be deposited.

(2) The voluntary tire collection centers shall include without limitation tire retailers, tire processing facilities, and solid waste disposal facilities.

(3) The voluntary tire collection centers shall not include the collection of tires generated by a tire manufacturer.

(e) The commission shall not prohibit the disposal of waste tires in landfills or monofills for three (3) years from August 1, 2017.

(f) The commission shall waive the imposition of any permit fee imposed under this subchapter on any used tire program created by § 8-9-410 .

Amended by Act 2023, No. 713,§ 8, eff. 4/11/2023.

Amended by Act 2019, No. 315,§ 691, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 690, eff. 7/24/2019.

Added by Act 2017, No. 317,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 8-7-1103 — AR Code / Title 8 / Chapter 7 / Subchapter 11 / Section 8-7-1103
Division's authority
Status: in_force

(a) The Division of Environmental Quality shall have authority regarding a voluntary response program to provide the following: (1) Opportunities for technical assistance for voluntary response actions; (2) Adequate opportunities for public participation, including prior notice and opportunity for comment in appropriate circumstances, in selecting response actions; (3) Streamlined procedures to ensure expeditious voluntary response actions; (4) Oversight and enforcement authorities or other mechanisms that are adequate to ensure that: (A) Voluntary response actions will protect human health and the environment and be conducted in accordance with applicable federal and state laws; and (B) If the person conducting the voluntary response action fails to complete the necessary response activities, including operation and maintenance or long-term monitoring activities, the necessary response activities are completed; (5) Mechanisms for approval of a voluntary response action plan; and (6) (A) A requirement for certification or similar documentation from the division to the person conducting the voluntary response action indicating that the response is complete. (B) This certification shall document any conditions, restrictions, or limitations on the release from liability for contamination existing at the site before the division and the prospective purchaser enter into an implementing agreement. (b) The division may establish and administer a revolving loan fund to make secured and unsecured loans or grants to eligible participants for the purpose of financing the assessment, investigation, or remedial actions at abandoned industrial, commercial, or agricultural sites, or at abandoned residential property. Amended by Act 2019, No. 910,§ 2832, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2831, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2830, eff. 7/1/2019. Acts 1997, No. 1042, § 1; 2003, No. 1193, § 1; 2005, No. 1164, § 3.

(a) The Division of Environmental Quality shall have authority regarding a voluntary response program to provide the following: (1) Opportunities for technical assistance for voluntary response actions; (2) Adequate opportunities for public participation, including prior notice and opportunity for comment in appropriate circumstances, in selecting response actions; (3) Streamlined procedures to ensure expeditious voluntary response actions; (4) Oversight and enforcement authorities or other mechanisms that are adequate to ensure that: (A) Voluntary response actions will protect human health and the environment and be conducted in accordance with applicable federal and state laws; and (B) If the person conducting the voluntary response action fails to complete the necessary response activities, including operation and maintenance or long-term monitoring activities, the necessary response activities are completed; (5) Mechanisms for approval of a voluntary response action plan; and (6) (A) A requirement for certification or similar documentation from the division to the person conducting the voluntary response action indicating that the response is complete. (B) This certification shall document any conditions, restrictions, or limitations on the release from liability for contamination existing at the site before the division and the prospective purchaser enter into an implementing agreement.

(1) Opportunities for technical assistance for voluntary response actions;

(2) Adequate opportunities for public participation, including prior notice and opportunity for comment in appropriate circumstances, in selecting response actions;

(3) Streamlined procedures to ensure expeditious voluntary response actions;

(4) Oversight and enforcement authorities or other mechanisms that are adequate to ensure that: (A) Voluntary response actions will protect human health and the environment and be conducted in accordance with applicable federal and state laws; and (B) If the person conducting the voluntary response action fails to complete the necessary response activities, including operation and maintenance or long-term monitoring activities, the necessary response activities are completed;

(A) Voluntary response actions will protect human health and the environment and be conducted in accordance with applicable federal and state laws; and

(B) If the person conducting the voluntary response action fails to complete the necessary response activities, including operation and maintenance or long-term monitoring activities, the necessary response activities are completed;

(5) Mechanisms for approval of a voluntary response action plan; and

(6) (A) A requirement for certification or similar documentation from the division to the person conducting the voluntary response action indicating that the response is complete. (B) This certification shall document any conditions, restrictions, or limitations on the release from liability for contamination existing at the site before the division and the prospective purchaser enter into an implementing agreement.

(A) A requirement for certification or similar documentation from the division to the person conducting the voluntary response action indicating that the response is complete.

(B) This certification shall document any conditions, restrictions, or limitations on the release from liability for contamination existing at the site before the division and the prospective purchaser enter into an implementing agreement.

(b) The division may establish and administer a revolving loan fund to make secured and unsecured loans or grants to eligible participants for the purpose of financing the assessment, investigation, or remedial actions at abandoned industrial, commercial, or agricultural sites, or at abandoned residential property.

Amended by Act 2019, No. 910,§ 2832, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2831, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2830, eff. 7/1/2019.

Acts 1997, No. 1042, § 1; 2003, No. 1193, § 1; 2005, No. 1164, § 3.
Ark. Code Ann. § 8-6-1304 — AR Code / Title 8 / Chapter 6 / Subchapter 13 / Section 8-6-1304
Applicability
Status: in_force

(a) This subchapter shall not apply to medical waste incineration facilities constructed and operating before March 20, 1992, or to medical waste incineration facilities operated by healthcare facilities for the purpose of disposing of medical waste. (b) This subchapter shall not apply to permits for renovations to medical waste incineration facilities constructed and operating before March 20, 1992, either through modification or additional construction, provided that such renovations are for the purpose of: (1) Complying with the rules or regulations or standards imposed by local, state, or United States Government agencies; or (2) Adding additional waste disposal capacity to a medical waste incineration facility constructed and operating before March 20, 1992. (c) (1) The requirements of this subchapter shall apply to any commercial medical waste incineration facility that has not initiated operation prior to March 1, 1995. (2) For the purposes of construing this subsection and the application of this subchapter, initiation of operations has not occurred until the Division of Environmental Quality has approved the installation of all permitted pollution control equipment and the commercial medical waste incineration facility is receiving medical waste for incineration. Amended by Act 2019, No. 315,§ 576, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2691, eff. 7/1/2019. Acts 1992 (1st Ex. Sess.), No. 75, § 7; 1995, No. 496, §§ 2, 3.

(a) This subchapter shall not apply to medical waste incineration facilities constructed and operating before March 20, 1992, or to medical waste incineration facilities operated by healthcare facilities for the purpose of disposing of medical waste.

(b) This subchapter shall not apply to permits for renovations to medical waste incineration facilities constructed and operating before March 20, 1992, either through modification or additional construction, provided that such renovations are for the purpose of: (1) Complying with the rules or regulations or standards imposed by local, state, or United States Government agencies; or (2) Adding additional waste disposal capacity to a medical waste incineration facility constructed and operating before March 20, 1992.

(1) Complying with the rules or regulations or standards imposed by local, state, or United States Government agencies; or

(2) Adding additional waste disposal capacity to a medical waste incineration facility constructed and operating before March 20, 1992.

(c) (1) The requirements of this subchapter shall apply to any commercial medical waste incineration facility that has not initiated operation prior to March 1, 1995. (2) For the purposes of construing this subsection and the application of this subchapter, initiation of operations has not occurred until the Division of Environmental Quality has approved the installation of all permitted pollution control equipment and the commercial medical waste incineration facility is receiving medical waste for incineration.

(1) The requirements of this subchapter shall apply to any commercial medical waste incineration facility that has not initiated operation prior to March 1, 1995.

(2) For the purposes of construing this subsection and the application of this subchapter, initiation of operations has not occurred until the Division of Environmental Quality has approved the installation of all permitted pollution control equipment and the commercial medical waste incineration facility is receiving medical waste for incineration.

Amended by Act 2019, No. 315,§ 576, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2691, eff. 7/1/2019.

Acts 1992 (1st Ex. Sess.), No. 75, § 7; 1995, No. 496, §§ 2, 3.
Ark. Code Ann. § 8-6-601 — AR Code / Title 8 / Chapter 6 / Subchapter 6 / Section 8-6-601
Title
Status: in_force

This subchapter may be known and cited as the "Solid Waste Management and Recycling Fund Act". Acts 1989, No. 849, § 1; 1989, No. 934, § 1.

This subchapter may be known and cited as the "Solid Waste Management and Recycling Fund Act".

Acts 1989, No. 849, § 1; 1989, No. 934, § 1.
Ark. Code Ann. § 8-6-407 — AR Code / Title 8 / Chapter 6 / Subchapter 4 / Section 8-6-407
Refuse hauling by uncovered vehicles
Status: in_force

(a) A person engaged in commercial or for-hire hauling who operates a truck or other vehicle within this state shall not transport litter, trash, or garbage unless the truck or other vehicle is covered to prevent its contents from blowing, dropping, falling off, or otherwise departing from the truck or other vehicle. (b) (1) A person operating his or her own truck or other vehicle to transport litter, trash, or garbage shall take reasonable steps to prevent its contents from blowing, dropping, falling off, or otherwise departing from the truck or other vehicle. (2) However, a vehicle hauling predominately metallic material is not required to be covered if it is loaded in a manner that will prevent the material from falling or dropping from the vehicle. (c) (1) (A) A person who violates this section upon conviction is guilty of a violation and shall be fined an amount not less than one hundred dollars ($100) and not more than one thousand dollars ($1,000) and is subject to community service under subdivision (c)(2)(A) of this section. (B) A person who violates this section for a second or subsequent offense within three (3) years of a prior offense upon conviction is guilty of a violation and shall be fined an amount not less than two hundred dollars ($200) and not more than two thousand dollars ($2,000) and is subject to community service under subdivision (c)(2)(A) of this section. (2) (A) In addition to any sentence provided for under this subsection, the court upon conviction shall impose the following penalty of community service: (i) For a first offense, not more than eight (8) hours; or (ii) For a second or subsequent offense, not more than twenty-four (24) hours. (B) A person may also be required by the court as a part of his or her sentence to remove litter from alongside highways and other appropriate locations for any prescribed period. (3) A person convicted of a violation of this section who fails to pay any fines assessed in accordance with the findings and orders of the court shall have his or her driver's license suspended for six (6) months by the Department of Finance and Administration upon receipt by the department of an order of denial of driving privileges from the court under this section. (d) (1) A person who violates this section and who is found to have committed the violation in furtherance of or as a part of a commercial enterprise, whether or not that commercial enterprise is the disposal of wastes, upon conviction is guilty of a Class A misdemeanor. (2) A person convicted of commercial littering may be required to remove litter disposed of in violation of this subchapter. (e) All or any portion of the fines, community service, and imprisonment penalties provided by this section may be suspended by the court if the violator agrees to remove litter from alongside highways and at other appropriate locations for a prescribed period. Amended by Act 2015, No. 1264,§ 5, eff. 7/22/2015. Acts 1977, No. 883, § 6; A.S.A. 1947, § 82-3906.

(a) A person engaged in commercial or for-hire hauling who operates a truck or other vehicle within this state shall not transport litter, trash, or garbage unless the truck or other vehicle is covered to prevent its contents from blowing, dropping, falling off, or otherwise departing from the truck or other vehicle.

(b) (1) A person operating his or her own truck or other vehicle to transport litter, trash, or garbage shall take reasonable steps to prevent its contents from blowing, dropping, falling off, or otherwise departing from the truck or other vehicle. (2) However, a vehicle hauling predominately metallic material is not required to be covered if it is loaded in a manner that will prevent the material from falling or dropping from the vehicle.

(1) A person operating his or her own truck or other vehicle to transport litter, trash, or garbage shall take reasonable steps to prevent its contents from blowing, dropping, falling off, or otherwise departing from the truck or other vehicle.

(2) However, a vehicle hauling predominately metallic material is not required to be covered if it is loaded in a manner that will prevent the material from falling or dropping from the vehicle.

(c) (1) (A) A person who violates this section upon conviction is guilty of a violation and shall be fined an amount not less than one hundred dollars ($100) and not more than one thousand dollars ($1,000) and is subject to community service under subdivision (c)(2)(A) of this section. (B) A person who violates this section for a second or subsequent offense within three (3) years of a prior offense upon conviction is guilty of a violation and shall be fined an amount not less than two hundred dollars ($200) and not more than two thousand dollars ($2,000) and is subject to community service under subdivision (c)(2)(A) of this section. (2) (A) In addition to any sentence provided for under this subsection, the court upon conviction shall impose the following penalty of community service: (i) For a first offense, not more than eight (8) hours; or (ii) For a second or subsequent offense, not more than twenty-four (24) hours. (B) A person may also be required by the court as a part of his or her sentence to remove litter from alongside highways and other appropriate locations for any prescribed period. (3) A person convicted of a violation of this section who fails to pay any fines assessed in accordance with the findings and orders of the court shall have his or her driver's license suspended for six (6) months by the Department of Finance and Administration upon receipt by the department of an order of denial of driving privileges from the court under this section.

(1) (A) A person who violates this section upon conviction is guilty of a violation and shall be fined an amount not less than one hundred dollars ($100) and not more than one thousand dollars ($1,000) and is subject to community service under subdivision (c)(2)(A) of this section. (B) A person who violates this section for a second or subsequent offense within three (3) years of a prior offense upon conviction is guilty of a violation and shall be fined an amount not less than two hundred dollars ($200) and not more than two thousand dollars ($2,000) and is subject to community service under subdivision (c)(2)(A) of this section.

(A) A person who violates this section upon conviction is guilty of a violation and shall be fined an amount not less than one hundred dollars ($100) and not more than one thousand dollars ($1,000) and is subject to community service under subdivision (c)(2)(A) of this section.

(B) A person who violates this section for a second or subsequent offense within three (3) years of a prior offense upon conviction is guilty of a violation and shall be fined an amount not less than two hundred dollars ($200) and not more than two thousand dollars ($2,000) and is subject to community service under subdivision (c)(2)(A) of this section.

(2) (A) In addition to any sentence provided for under this subsection, the court upon conviction shall impose the following penalty of community service: (i) For a first offense, not more than eight (8) hours; or (ii) For a second or subsequent offense, not more than twenty-four (24) hours. (B) A person may also be required by the court as a part of his or her sentence to remove litter from alongside highways and other appropriate locations for any prescribed period.

(A) In addition to any sentence provided for under this subsection, the court upon conviction shall impose the following penalty of community service: (i) For a first offense, not more than eight (8) hours; or (ii) For a second or subsequent offense, not more than twenty-four (24) hours.

(i) For a first offense, not more than eight (8) hours; or

(ii) For a second or subsequent offense, not more than twenty-four (24) hours.

(B) A person may also be required by the court as a part of his or her sentence to remove litter from alongside highways and other appropriate locations for any prescribed period.

(3) A person convicted of a violation of this section who fails to pay any fines assessed in accordance with the findings and orders of the court shall have his or her driver's license suspended for six (6) months by the Department of Finance and Administration upon receipt by the department of an order of denial of driving privileges from the court under this section.

(d) (1) A person who violates this section and who is found to have committed the violation in furtherance of or as a part of a commercial enterprise, whether or not that commercial enterprise is the disposal of wastes, upon conviction is guilty of a Class A misdemeanor. (2) A person convicted of commercial littering may be required to remove litter disposed of in violation of this subchapter.

(1) A person who violates this section and who is found to have committed the violation in furtherance of or as a part of a commercial enterprise, whether or not that commercial enterprise is the disposal of wastes, upon conviction is guilty of a Class A misdemeanor.

(2) A person convicted of commercial littering may be required to remove litter disposed of in violation of this subchapter.

(e) All or any portion of the fines, community service, and imprisonment penalties provided by this section may be suspended by the court if the violator agrees to remove litter from alongside highways and at other appropriate locations for a prescribed period.

Amended by Act 2015, No. 1264,§ 5, eff. 7/22/2015.

Acts 1977, No. 883, § 6; A.S.A. 1947, § 82-3906.
Ark. Code Ann. § 8-7-304 — AR Code / Title 8 / Chapter 7 / Subchapter 3 / Section 8-7-304
Definitions
Status: in_force

As used in this subchapter, unless the context otherwise requires: (1) "Commission" means the Arkansas Pollution Control and Ecology Commission; (2) "Disposal" means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any hazardous waste into or on any land or water in whatever manner so that the hazardous waste or any constituent thereof might or might not enter the environment or be emitted into the air or discharged into any water, including groundwaters; (3) "Facility" means any land and appurtenances thereon and thereto used for the treatment, storage, or disposal of hazardous waste; (4) "Generation" means the act or process of producing waste materials; (5) (A) "Hazardous waste" means any waste or combination of wastes of a solid, liquid, contained gaseous, or semisolid form which, because of its quantity, concentration, or physical, chemical, or infectious characteristics may, in the judgment of the Division of Environmental Quality: (i) Cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or (ii) Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of or otherwise improperly managed. (B) "Hazardous waste" includes, but is not limited to, those which are radioactive, toxic, corrosive, flammable, irritants, strong sensitizers, or which generate pressure through decomposition, heat, or other means; (6) "Hazardous waste management" means the systematic control of the generation, collection, source separation, storage, transportation, processing, recovery, disposal, and treatment of hazardous waste; (7) "Manifest" means the form used for identifying the quantity and composition and the origin, routing, and destination of hazardous waste during its transport; (8) "Owners, operators, or other responsible parties" means and includes: (A) Any person owning or operating a site or facility; or (B) In the case of any inactive or abandoned facility or site, any person who owned, operated, or otherwise controlled the activities at the site or facility during the time that the site or facility was used to manage hazardous wastes; (9) "Person" means any individual, corporation, company, firm, partnership, association, trust, joint-stock company, state agency, government instrumentality or agency, institution, county, city, town, or municipal authority or trust, venture, or any other legal entity, however organized; (10) "Site" means any real property located within the boundaries of the State of Arkansas contemplated or later acquired for the purpose of, but not limited to, landfills or other facilities to be used for treatment, storage, disposal, or generation of hazardous waste; (11) (A) "Storage" means the containment of hazardous waste, either on a temporary basis or for a period of years, in such a manner as not to constitute disposal of such hazardous waste. (B) However, storage by means of burial shall be deemed to constitute disposal within the meaning of this subchapter; (12) "Transport" means the movement of wastes from the point of generation to any intermediate points and finally to the point of ultimate storage or disposal; (13) "Treatment" means any method, technique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any hazardous waste so as to neutralize such hazardous waste or so as to render such hazardous waste less hazardous, safer for transport, amenable to recovery, amenable to storage, amenable to disposal, or reduced in volume; and (14) "Treatment facility" means a location at which waste is subjected to treatment and may include a facility where waste has been generated. Amended by Act 2019, No. 910,§ 2746, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2745, eff. 7/1/2019. Acts 1979, No. 1098, § 4; 1985, No. 922, § 2; A.S.A. 1947, § 82-4220; Acts 1999, No. 1164, § 94.

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

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

(2) "Disposal" means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any hazardous waste into or on any land or water in whatever manner so that the hazardous waste or any constituent thereof might or might not enter the environment or be emitted into the air or discharged into any water, including groundwaters;

(3) "Facility" means any land and appurtenances thereon and thereto used for the treatment, storage, or disposal of hazardous waste;

(4) "Generation" means the act or process of producing waste materials;

(5) (A) "Hazardous waste" means any waste or combination of wastes of a solid, liquid, contained gaseous, or semisolid form which, because of its quantity, concentration, or physical, chemical, or infectious characteristics may, in the judgment of the Division of Environmental Quality: (i) Cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or (ii) Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of or otherwise improperly managed. (B) "Hazardous waste" includes, but is not limited to, those which are radioactive, toxic, corrosive, flammable, irritants, strong sensitizers, or which generate pressure through decomposition, heat, or other means;

(A) "Hazardous waste" means any waste or combination of wastes of a solid, liquid, contained gaseous, or semisolid form which, because of its quantity, concentration, or physical, chemical, or infectious characteristics may, in the judgment of the Division of Environmental Quality: (i) Cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or (ii) Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of or otherwise improperly managed.

(i) Cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or

(ii) Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of or otherwise improperly managed.

(B) "Hazardous waste" includes, but is not limited to, those which are radioactive, toxic, corrosive, flammable, irritants, strong sensitizers, or which generate pressure through decomposition, heat, or other means;

(6) "Hazardous waste management" means the systematic control of the generation, collection, source separation, storage, transportation, processing, recovery, disposal, and treatment of hazardous waste;

(7) "Manifest" means the form used for identifying the quantity and composition and the origin, routing, and destination of hazardous waste during its transport;

(8) "Owners, operators, or other responsible parties" means and includes: (A) Any person owning or operating a site or facility; or (B) In the case of any inactive or abandoned facility or site, any person who owned, operated, or otherwise controlled the activities at the site or facility during the time that the site or facility was used to manage hazardous wastes;

(A) Any person owning or operating a site or facility; or

(B) In the case of any inactive or abandoned facility or site, any person who owned, operated, or otherwise controlled the activities at the site or facility during the time that the site or facility was used to manage hazardous wastes;

(9) "Person" means any individual, corporation, company, firm, partnership, association, trust, joint-stock company, state agency, government instrumentality or agency, institution, county, city, town, or municipal authority or trust, venture, or any other legal entity, however organized;

(10) "Site" means any real property located within the boundaries of the State of Arkansas contemplated or later acquired for the purpose of, but not limited to, landfills or other facilities to be used for treatment, storage, disposal, or generation of hazardous waste;

(11) (A) "Storage" means the containment of hazardous waste, either on a temporary basis or for a period of years, in such a manner as not to constitute disposal of such hazardous waste. (B) However, storage by means of burial shall be deemed to constitute disposal within the meaning of this subchapter;

(A) "Storage" means the containment of hazardous waste, either on a temporary basis or for a period of years, in such a manner as not to constitute disposal of such hazardous waste.

(B) However, storage by means of burial shall be deemed to constitute disposal within the meaning of this subchapter;

(12) "Transport" means the movement of wastes from the point of generation to any intermediate points and finally to the point of ultimate storage or disposal;

(13) "Treatment" means any method, technique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any hazardous waste so as to neutralize such hazardous waste or so as to render such hazardous waste less hazardous, safer for transport, amenable to recovery, amenable to storage, amenable to disposal, or reduced in volume; and

(14) "Treatment facility" means a location at which waste is subjected to treatment and may include a facility where waste has been generated.

Amended by Act 2019, No. 910,§ 2746, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2745, eff. 7/1/2019.

Acts 1979, No. 1098, § 4; 1985, No. 922, § 2; A.S.A. 1947, § 82-4220; Acts 1999, No. 1164, § 94.
Ark. Code Ann. § 8-4-220 — AR Code / Title 8 / Chapter 4 / Subchapter 2 / Section 8-4-220
Violation of chapter, orders, rules, etc. - Order of division without hearing
Status: in_force

(a) When the Division of Environmental Quality or its successor finds that an emergency exists requiring immediate action to protect the public health or welfare it may, without notice or hearing, issue an order reciting the existence of such emergency and requiring that such action be taken as it deems necessary to meet the emergency. (b) Notwithstanding the provisions of §§ 8-4-218 and 8-4-219 , the order shall be effective immediately. (c) Any person to which the order is directed shall comply immediately but, on application to the Arkansas Pollution Control and Ecology Commission, shall be afforded a hearing within ten (10) days after receipt of a written request therefor. (d) On the basis of the hearing, the commission shall continue the order in effect, revoke it, or modify it. Amended by Act 2019, No. 910,§ 2508, eff. 7/1/2019. Acts 1949, No. 472, [Part 1], § 5; 1961, No. 120, § 6; A.S.A. 1947, § 82-1906; Acts 1997, No. 1219, § 5; 1999, No. 1164, § 29.

(a) When the Division of Environmental Quality or its successor finds that an emergency exists requiring immediate action to protect the public health or welfare it may, without notice or hearing, issue an order reciting the existence of such emergency and requiring that such action be taken as it deems necessary to meet the emergency.

(b) Notwithstanding the provisions of §§ 8-4-218 and 8-4-219 , the order shall be effective immediately.

(c) Any person to which the order is directed shall comply immediately but, on application to the Arkansas Pollution Control and Ecology Commission, shall be afforded a hearing within ten (10) days after receipt of a written request therefor.

(d) On the basis of the hearing, the commission shall continue the order in effect, revoke it, or modify it.

Amended by Act 2019, No. 910,§ 2508, eff. 7/1/2019.

Acts 1949, No. 472, [Part 1], § 5; 1961, No. 120, § 6; A.S.A. 1947, § 82-1906; Acts 1997, No. 1219, § 5; 1999, No. 1164, § 29.
Ark. Code Ann. § 8-9-304 — AR Code / Title 8 / Chapter 9 / Subchapter 3 / Section 8-9-304
Used motor oil
Status: in_force

The Arkansas Pollution Control and Ecology Commission shall adopt, after notice and public hearing, reasonable rules that are protective of the public health and environment for the collection, storage, and disposal, reuse, or recycling of used motor oil. Amended by Act 2019, No. 315,§ 685, eff. 7/24/2019. Amended by Act 2019, No. 693,§ 33, eff. 7/24/2019. Acts 1991, No. 749, § 1.

The Arkansas Pollution Control and Ecology Commission shall adopt, after notice and public hearing, reasonable rules that are protective of the public health and environment for the collection, storage, and disposal, reuse, or recycling of used motor oil.

Amended by Act 2019, No. 315,§ 685, eff. 7/24/2019.

Amended by Act 2019, No. 693,§ 33, eff. 7/24/2019.

Acts 1991, No. 749, § 1.
Ark. Code Ann. § 8-1-204 — AR Code / Title 8 / Chapter 1 / Subchapter 2 / Section 8-1-204
Administrative law judge
Status: in_force

(a) The Arkansas Pollution Control and Ecology Commission shall employ a full-time administrative law judge to perform functions and duties that the commission shall direct and, in particular, to advise the commission on matters of law and procedure that may arise during the conduct of commission duties and responsibilities as outlined in §§ 8-1-203 , 8-4-201 , 8-4-202 , 8-4-311 , 8-5-205 , and 8-6-207 , or as otherwise provided by law. (b) The administrative law judge shall be selected and hired by the commission and shall be independent of and not an employee of the Division of Environmental Quality. (c) The expenses of the administrative law judge shall be paid from the Division of Environmental Quality Fee Trust Fund or from other sources as provided by law. (d) The office space for the administrative law judge shall be at a location other than the offices of the division. (e) An administrative assistant II shall be supervised by and provide assistance to the administrative law judge authorized in this section. (f) The disbursing officer of the division shall disburse the funds appropriated for the commission's administrative law judge. Amended by Act 2019, No. 910,§ 2435, eff. 7/1/2019. Amended by Act 2015, No. 838,§ 3, eff. 7/22/2015. Acts 1995, No. 1191, § 36; 1999, No. 1164, § 9; 2003, No. 51, § 1.

(a) The Arkansas Pollution Control and Ecology Commission shall employ a full-time administrative law judge to perform functions and duties that the commission shall direct and, in particular, to advise the commission on matters of law and procedure that may arise during the conduct of commission duties and responsibilities as outlined in §§ 8-1-203 , 8-4-201 , 8-4-202 , 8-4-311 , 8-5-205 , and 8-6-207 , or as otherwise provided by law.

(b) The administrative law judge shall be selected and hired by the commission and shall be independent of and not an employee of the Division of Environmental Quality.

(c) The expenses of the administrative law judge shall be paid from the Division of Environmental Quality Fee Trust Fund or from other sources as provided by law.

(d) The office space for the administrative law judge shall be at a location other than the offices of the division.

(e) An administrative assistant II shall be supervised by and provide assistance to the administrative law judge authorized in this section.

(f) The disbursing officer of the division shall disburse the funds appropriated for the commission's administrative law judge.

Amended by Act 2019, No. 910,§ 2435, eff. 7/1/2019.

Amended by Act 2015, No. 838,§ 3, eff. 7/22/2015.

Acts 1995, No. 1191, § 36; 1999, No. 1164, § 9; 2003, No. 51, § 1.
Ark. Code Ann. § 8-7-207 — AR Code / Title 8 / Chapter 7 / Subchapter 2 / Section 8-7-207
Venue for legal proceedings
Status: in_force

All legal proceedings affecting hazardous waste treatment or hazardous waste disposal facilities in this state shall be brought in the county in which the facility is located. Acts 1979, No. 406, § 16; A.S.A. 1947, § 82-4216.

All legal proceedings affecting hazardous waste treatment or hazardous waste disposal facilities in this state shall be brought in the county in which the facility is located.

Acts 1979, No. 406, § 16; A.S.A. 1947, § 82-4216.
Ark. Code Ann. § 8-4-216 — AR Code / Title 8 / Chapter 4 / Subchapter 2 / Section 8-4-216
Information and inspections
Status: in_force

(a) The owner or operator of or any contributor of sewage, industrial wastes, or other wastes to any disposal system or an industrial user of a publicly owned treatment system, when requested by the Director of the Division of Environmental Quality, shall furnish to the Division of Environmental Quality any information that is relevant to the subject of this chapter. The owner or operator shall establish and maintain such records, make such reports, install, use, and maintain such monitoring equipment or methods, including, when appropriate, biological monitoring methods, sample such effluents, and provide such other information as the director may reasonably require. (b) The division or any authorized employee or agent of the division may examine and copy any book, papers, records, or memoranda pertaining to the operation of a disposal system. (c) Whenever it shall be necessary for the purpose of this chapter, the division or any authorized member, employee, or agent of the division may enter upon any public or private property for the purpose of obtaining information or conducting surveys or investigations. Amended by Act 2019, No. 910,§ 2502, eff. 7/1/2019. Acts 1949, No. 472, [Part 1], § 4; 1973, No. 262, § 6; 1975, No. 743, § 6; A.S.A. 1947, § 82-1905; Acts 1999, No. 1164, § 27.

(a) The owner or operator of or any contributor of sewage, industrial wastes, or other wastes to any disposal system or an industrial user of a publicly owned treatment system, when requested by the Director of the Division of Environmental Quality, shall furnish to the Division of Environmental Quality any information that is relevant to the subject of this chapter. The owner or operator shall establish and maintain such records, make such reports, install, use, and maintain such monitoring equipment or methods, including, when appropriate, biological monitoring methods, sample such effluents, and provide such other information as the director may reasonably require.

(b) The division or any authorized employee or agent of the division may examine and copy any book, papers, records, or memoranda pertaining to the operation of a disposal system.

(c) Whenever it shall be necessary for the purpose of this chapter, the division or any authorized member, employee, or agent of the division may enter upon any public or private property for the purpose of obtaining information or conducting surveys or investigations.

Amended by Act 2019, No. 910,§ 2502, eff. 7/1/2019.

Acts 1949, No. 472, [Part 1], § 4; 1973, No. 262, § 6; 1975, No. 743, § 6; A.S.A. 1947, § 82-1905; Acts 1999, No. 1164, § 27.
Ark. Code Ann. § 8-7-214 — AR Code / Title 8 / Chapter 7 / Subchapter 2 / Section 8-7-214
Emergency order for imminent hazard
Status: in_force

(a) (1) Notwithstanding any other provisions of this subchapter, the Director of the Division of Environmental Quality, upon finding that the storage, transportation, treatment, or disposal of any waste may present an imminent and substantial hazard to the health of persons or to the environment and that an emergency exists requiring immediate action to protect the public health and welfare, he or she may, without notice or hearing, issue an order reciting the existence of such an imminent hazard and emergency and requiring that such action be taken as he or she determines to be necessary to protect the health of such persons or the environment and to meet the emergency. (2) The order of the director may include, but is not limited to, directing the operator of the treatment or disposal facility or site or the custodian of the waste which constitutes the hazard to take such steps as are necessary to prevent the act or eliminate the practice which constitutes the hazard and, with respect to a facility or site, may order cessation of operation. (b) (1) Any person to whom the order is directed shall comply with it immediately, but, on written application to the director within ten (10) days of the issuance of the order, that person shall be afforded a hearing before the Arkansas Pollution Control and Ecology Commission within ten (10) days after receipt of the written request. (2) On the basis of the hearing, the commission shall continue the order in effect or shall revoke or modify it. Amended by Act 2019, No. 910,§ 2729, eff. 7/1/2019. Acts 1979, No. 406, § 8; A.S.A. 1947, § 82-4208.

(a) (1) Notwithstanding any other provisions of this subchapter, the Director of the Division of Environmental Quality, upon finding that the storage, transportation, treatment, or disposal of any waste may present an imminent and substantial hazard to the health of persons or to the environment and that an emergency exists requiring immediate action to protect the public health and welfare, he or she may, without notice or hearing, issue an order reciting the existence of such an imminent hazard and emergency and requiring that such action be taken as he or she determines to be necessary to protect the health of such persons or the environment and to meet the emergency. (2) The order of the director may include, but is not limited to, directing the operator of the treatment or disposal facility or site or the custodian of the waste which constitutes the hazard to take such steps as are necessary to prevent the act or eliminate the practice which constitutes the hazard and, with respect to a facility or site, may order cessation of operation.

(1) Notwithstanding any other provisions of this subchapter, the Director of the Division of Environmental Quality, upon finding that the storage, transportation, treatment, or disposal of any waste may present an imminent and substantial hazard to the health of persons or to the environment and that an emergency exists requiring immediate action to protect the public health and welfare, he or she may, without notice or hearing, issue an order reciting the existence of such an imminent hazard and emergency and requiring that such action be taken as he or she determines to be necessary to protect the health of such persons or the environment and to meet the emergency.

(2) The order of the director may include, but is not limited to, directing the operator of the treatment or disposal facility or site or the custodian of the waste which constitutes the hazard to take such steps as are necessary to prevent the act or eliminate the practice which constitutes the hazard and, with respect to a facility or site, may order cessation of operation.

(b) (1) Any person to whom the order is directed shall comply with it immediately, but, on written application to the director within ten (10) days of the issuance of the order, that person shall be afforded a hearing before the Arkansas Pollution Control and Ecology Commission within ten (10) days after receipt of the written request. (2) On the basis of the hearing, the commission shall continue the order in effect or shall revoke or modify it.

(1) Any person to whom the order is directed shall comply with it immediately, but, on written application to the director within ten (10) days of the issuance of the order, that person shall be afforded a hearing before the Arkansas Pollution Control and Ecology Commission within ten (10) days after receipt of the written request.

(2) On the basis of the hearing, the commission shall continue the order in effect or shall revoke or modify it.

Amended by Act 2019, No. 910,§ 2729, eff. 7/1/2019.

Acts 1979, No. 406, § 8; A.S.A. 1947, § 82-4208.
Ark. Code Ann. § 8-7-703 — AR Code / Title 8 / Chapter 7 / Subchapter 7 / Section 8-7-703
Interference by passive-site owners
Status: in_force

(a) No passive-site owner shall unduly impede or interfere with the efforts of a settling party to carry out an approved response action at a hazardous site. (b) Any passive-site owner who violates subsection (a) of this section shall be liable for any response costs resulting from such violation. Acts 1989, No. 350, §§ 3, 4.

(a) No passive-site owner shall unduly impede or interfere with the efforts of a settling party to carry out an approved response action at a hazardous site.

(b) Any passive-site owner who violates subsection (a) of this section shall be liable for any response costs resulting from such violation.

Acts 1989, No. 350, §§ 3, 4.
Ark. Code Ann. § 8-15-108 — AR Code / Title 8 / Chapter 15 / Section 8-15-108
Membership on the board of directors
Status: in_force

(a) The board of directors of a property assessed energy improvement district shall consist of at least seven (7) directors. (b) The board of directors shall include: (1) For a statewide district, the members specified in the agreement establishing the district; (2) For a district composed of a combination of one (1) or more counties and one (1) or more cities: (A) The county judge or his or her designated representative of each county that is a member of the district; (B) The mayor or his or her designated representative of each city that is a member of the district; and (C) If the number of directors is fewer than seven (7) after fulfilling the requirements of subdivisions (b)(2)(A) and (B) of this section, additional members shall be appointed as specified in the agreement establishing the district until a total of seven (7) directors has been appointed; (3) For a district composed of one (1) or more counties: (A) The county judge or his or her designated representative of each county that is a member of the district; and (B) If the number of directors is fewer than seven (7) after fulfilling the requirements of subdivision (b)(3)(A) of this section, additional members shall be appointed as specified in the agreement establishing the district until a total of seven (7) directors has been appointed; and (4) For a district composed of one (1) or more cities: (A) The mayor or his or her designated representative of each city that is a member of the district; and (B) If the number of directors is fewer than seven (7) after fulfilling the requirements of subdivision (b)(4)(A) of this section, additional members shall be appointed as specified in the agreement establishing the district until a total of seven (7) directors has been appointed. (c) The designated representative of a county judge or mayor under subsection (b) of this section shall be a qualified elector of the jurisdiction that the designated representative is appointed to represent. Added by Act 2013, No. 1074,§ 1, eff. 8/16/2013.

(a) The board of directors of a property assessed energy improvement district shall consist of at least seven (7) directors.

(b) The board of directors shall include: (1) For a statewide district, the members specified in the agreement establishing the district; (2) For a district composed of a combination of one (1) or more counties and one (1) or more cities: (A) The county judge or his or her designated representative of each county that is a member of the district; (B) The mayor or his or her designated representative of each city that is a member of the district; and (C) If the number of directors is fewer than seven (7) after fulfilling the requirements of subdivisions (b)(2)(A) and (B) of this section, additional members shall be appointed as specified in the agreement establishing the district until a total of seven (7) directors has been appointed; (3) For a district composed of one (1) or more counties: (A) The county judge or his or her designated representative of each county that is a member of the district; and (B) If the number of directors is fewer than seven (7) after fulfilling the requirements of subdivision (b)(3)(A) of this section, additional members shall be appointed as specified in the agreement establishing the district until a total of seven (7) directors has been appointed; and (4) For a district composed of one (1) or more cities: (A) The mayor or his or her designated representative of each city that is a member of the district; and (B) If the number of directors is fewer than seven (7) after fulfilling the requirements of subdivision (b)(4)(A) of this section, additional members shall be appointed as specified in the agreement establishing the district until a total of seven (7) directors has been appointed.

(1) For a statewide district, the members specified in the agreement establishing the district;

(2) For a district composed of a combination of one (1) or more counties and one (1) or more cities: (A) The county judge or his or her designated representative of each county that is a member of the district; (B) The mayor or his or her designated representative of each city that is a member of the district; and (C) If the number of directors is fewer than seven (7) after fulfilling the requirements of subdivisions (b)(2)(A) and (B) of this section, additional members shall be appointed as specified in the agreement establishing the district until a total of seven (7) directors has been appointed;

(A) The county judge or his or her designated representative of each county that is a member of the district;

(B) The mayor or his or her designated representative of each city that is a member of the district; and

(C) If the number of directors is fewer than seven (7) after fulfilling the requirements of subdivisions (b)(2)(A) and (B) of this section, additional members shall be appointed as specified in the agreement establishing the district until a total of seven (7) directors has been appointed;

(3) For a district composed of one (1) or more counties: (A) The county judge or his or her designated representative of each county that is a member of the district; and (B) If the number of directors is fewer than seven (7) after fulfilling the requirements of subdivision (b)(3)(A) of this section, additional members shall be appointed as specified in the agreement establishing the district until a total of seven (7) directors has been appointed; and

(A) The county judge or his or her designated representative of each county that is a member of the district; and

(B) If the number of directors is fewer than seven (7) after fulfilling the requirements of subdivision (b)(3)(A) of this section, additional members shall be appointed as specified in the agreement establishing the district until a total of seven (7) directors has been appointed; and

(4) For a district composed of one (1) or more cities: (A) The mayor or his or her designated representative of each city that is a member of the district; and (B) If the number of directors is fewer than seven (7) after fulfilling the requirements of subdivision (b)(4)(A) of this section, additional members shall be appointed as specified in the agreement establishing the district until a total of seven (7) directors has been appointed.

(A) The mayor or his or her designated representative of each city that is a member of the district; and

(B) If the number of directors is fewer than seven (7) after fulfilling the requirements of subdivision (b)(4)(A) of this section, additional members shall be appointed as specified in the agreement establishing the district until a total of seven (7) directors has been appointed.

(c) The designated representative of a county judge or mayor under subsection (b) of this section shall be a qualified elector of the jurisdiction that the designated representative is appointed to represent.

Added by Act 2013, No. 1074,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 8-6-2014 — AR Code / Title 8 / Chapter 6 / Subchapter 20 / Section 8-6-2014
Serving an environmental citation
Status: in_force

A citation for an alleged environmental violation issued under this chapter shall be served in person or by mailing a copy of the citation by certified mail to either the address obtained from evidence collected from the environmental violation location or to the last known address of the alleged violator. Amended by Act 2021, No. 749,§ 9, eff. 7/28/2021. Added by Act 2019, No. 1067,§ 1, eff. 7/24/2019.

A citation for an alleged environmental violation issued under this chapter shall be served in person or by mailing a copy of the citation by certified mail to either the address obtained from evidence collected from the environmental violation location or to the last known address of the alleged violator.

Amended by Act 2021, No. 749,§ 9, eff. 7/28/2021.

Added by Act 2019, No. 1067,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 8-6-222 — AR Code / Title 8 / Chapter 6 / Subchapter 2 / Section 8-6-222
Standards for sites and facilities
Status: in_force

Regional solid waste management boards may adopt more restrictive standards for the location, design, construction, and maintenance of solid waste disposal sites and facilities than the state government or the United States Government. Acts 1993, No. 1280, § 5.

Regional solid waste management boards may adopt more restrictive standards for the location, design, construction, and maintenance of solid waste disposal sites and facilities than the state government or the United States Government.

Acts 1993, No. 1280, § 5.
Ark. Code Ann. § 8-6-1402 — AR Code / Title 8 / Chapter 6 / Subchapter 14 / Section 8-6-1402
Powers and duties
Status: in_force

The Arkansas Pollution Control and Ecology Commission shall have the following powers and duties: (1) To adopt rules to meet the purposes of this subchapter; (2) To adopt specific design criteria on the post-closure of solid waste landfills to limit the types and kinds of uses of closed landfills to protect the safety of the environment and limit the possible exposure of the public to any harm; and (3) To administer and enforce all laws and rules relating to this subchapter. Amended by Act 2019, No. 315,§ 580, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 579, eff. 7/24/2019. Acts 1993, No. 718, § 3.

The Arkansas Pollution Control and Ecology Commission shall have the following powers and duties:

(1) To adopt rules to meet the purposes of this subchapter;

(2) To adopt specific design criteria on the post-closure of solid waste landfills to limit the types and kinds of uses of closed landfills to protect the safety of the environment and limit the possible exposure of the public to any harm; and

(3) To administer and enforce all laws and rules relating to this subchapter.

Amended by Act 2019, No. 315,§ 580, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 579, eff. 7/24/2019.

Acts 1993, No. 718, § 3.
Ark. Code Ann. § 8-4-312 — AR Code / Title 8 / Chapter 4 / Subchapter 3 / Section 8-4-312
Factors in exercise of powers
Status: in_force

In exercising their powers and responsibilities under this chapter, the Division of Environmental Quality and the Arkansas Pollution Control and Ecology Commission shall take into account and give consideration to the following factors: (1) The quantity and characteristics of air contaminants and the duration of their presence in the atmosphere that may cause air pollution in a particular area of the state; (2) Existing physical conditions and topography; (3) Prevailing wind directions and velocities; (4) Temperatures and temperature-inversion periods, humidity, and other atmospheric conditions; (5) Possible chemical reactions between air contaminants or between such air contaminants and air gases, moisture, or sunlight; (6) The predominant character of development of the area of the state such as residential, highly developed industrial, commercial, or other characteristics; (7) Availability of air-cleaning devices; (8) Economic feasibility of air-cleaning devices; (9) Effect on normal human health of particular air contaminants; (10) Effect on efficiency of industrial operation resulting from use of air-cleaning devices; (11) The extent of danger to property in the area reasonably to be expected from any particular air contaminant; (12) Interference with reasonable enjoyment of life by persons in the area and conduct of established enterprises that can reasonably be expected from air contaminants; (13) The volume of air contaminants emitted from a particular class of air contamination sources; (14) The economic and industrial development of the state and the social and economic value of the air contamination sources; (15) The maintenance of public enjoyment of the state's natural resources; and (16) Other factors that the division or the commission may find applicable. Amended by Act 2019, No. 910,§ 2538, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2537, eff. 7/1/2019. Acts 1949, No. 472, [Part 2], § 6, as added by Acts 1965, No. 183, § 7; A.S.A. 1947, § 82-1936; Acts 1997, No. 1219, § 6.

In exercising their powers and responsibilities under this chapter, the Division of Environmental Quality and the Arkansas Pollution Control and Ecology Commission shall take into account and give consideration to the following factors:

(1) The quantity and characteristics of air contaminants and the duration of their presence in the atmosphere that may cause air pollution in a particular area of the state;

(2) Existing physical conditions and topography;

(3) Prevailing wind directions and velocities;

(4) Temperatures and temperature-inversion periods, humidity, and other atmospheric conditions;

(5) Possible chemical reactions between air contaminants or between such air contaminants and air gases, moisture, or sunlight;

(6) The predominant character of development of the area of the state such as residential, highly developed industrial, commercial, or other characteristics;

(7) Availability of air-cleaning devices;

(8) Economic feasibility of air-cleaning devices;

(9) Effect on normal human health of particular air contaminants;

(10) Effect on efficiency of industrial operation resulting from use of air-cleaning devices;

(11) The extent of danger to property in the area reasonably to be expected from any particular air contaminant;

(12) Interference with reasonable enjoyment of life by persons in the area and conduct of established enterprises that can reasonably be expected from air contaminants;

(13) The volume of air contaminants emitted from a particular class of air contamination sources;

(14) The economic and industrial development of the state and the social and economic value of the air contamination sources;

(15) The maintenance of public enjoyment of the state's natural resources; and

(16) Other factors that the division or the commission may find applicable.

Amended by Act 2019, No. 910,§ 2538, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2537, eff. 7/1/2019.

Acts 1949, No. 472, [Part 2], § 6, as added by Acts 1965, No. 183, § 7; A.S.A. 1947, § 82-1936; Acts 1997, No. 1219, § 6.
Ark. Code Ann. § 8-6-812 — AR Code / Title 8 / Chapter 6 / Subchapter 8 / Section 8-6-812
Tax-exempt status of property and income of district
Status: in_force

All properties at any time owned by the regional solid waste management district and the income therefrom shall be exempt from all taxation in the State of Arkansas. Acts 1991, No. 752, § 4.

All properties at any time owned by the regional solid waste management district and the income therefrom shall be exempt from all taxation in the State of Arkansas.

Acts 1991, No. 752, § 4.
Ark. Code Ann. § 8-9-410 — AR Code / Title 8 / Chapter 9 / Subchapter 4 / Section 8-9-410
Used tire programs
Status: in_force

(a) (1) In order to address efficiency in tire processing, including without limitation transportation, there are created four (4) used tire programs in the state. (2) The four (4) used tire programs created under subdivision (a)(1) of this section are composed as follows: (A) Used Tire Program 1 consists of the following counties: Benton, Carroll, Boone, Marion, Baxter, Washington, Madison, Newton, Searcy, Crawford, Franklin, Johnson, Pope, Van Buren, Sebastian, Logan, Conway, Scott, Yell, and Perry; (B) Used Tire Program 2 consists of the following counties: Fulton, Sharp, Randolph, Clay, Izard, Lawrence, Greene, Stone, Independence, Jackson, Craighead, Mississippi, Cleburne, Faulkner, White, Poinsett, Woodruff, Cross, Pulaski, and Crittenden; (C) Used Tire Program 3 consists of the following counties: Polk, Montgomery, Sevier, Howard, Pike, Clark, Little River, Hempstead, Nevada, Miller, Lafayette, Saline, Dallas, Ouachita, Union, Garland, Hot Spring, and Columbia; and (D) Used Tire Program 4 consists of the following counties: Grant, Jefferson, Arkansas, Phillips, Cleveland, Lincoln, Desha, Calhoun, Bradley, Drew, Ashley, Lonoke, Prairie, Monroe, St. Francis, Lee, and Chicot. (b) (1) Each new used tire program is governed by a tire accountability board that is composed of eleven (11) members: (A) Five (5) county judges, elected by the county judges of the used tire program; (B) Two (2) county judges, appointed from the two (2) most populous counties in the used tire program according to the most recent federal census; and (C) Four (4) mayors, elected by the mayors of all of the cities in the used tire program. (2) Each member of the tire accountability board shall serve for a term of three (3) years. (3) The members of the tire accountability board shall draw lots for staggered terms at the first organizational meeting. (4) A vacancy on the tire accountability board shall be filled through the process described in the bylaws of the tire accountability board. (c) (1) A tire accountability board shall: (A) Elect a chair and a vice-chair at an organizational meeting; (B) Develop bylaws to govern the tire accountability board, including without limitation rules related to the replacement of members of the tire accountability board in the event of a vacancy; and (C) Submit a business plan to the Division of Environmental Quality for approval on or before September 1, 2023. (2) The division shall approve or seek additional information regarding the business plan submitted under subdivision (c)(1)(C) of this section within sixty (60) days. (d) The tire accountability board in each of the used tire programs may enter into an interlocal agreement to determine the highest level of efficiency regarding tire processing in the respective used tire program. (e) Arkansas Legislative Audit shall audit the four (4) used tire programs on the following schedule: (1) Used Tire Program 1 and Used Tire Program 3 every odd-numbered year; and (2) Used Tire Program 2 and Used Tire Program 4 every even-numbered year. Amended by Act 2023, No. 713,§ 6, eff. 4/11/2023. Amended by Act 2019, No. 980,§ 12, eff. 7/24/2019. Added by Act 2017, No. 317,§ 1, eff. 8/1/2017.

(a) (1) In order to address efficiency in tire processing, including without limitation transportation, there are created four (4) used tire programs in the state. (2) The four (4) used tire programs created under subdivision (a)(1) of this section are composed as follows: (A) Used Tire Program 1 consists of the following counties: Benton, Carroll, Boone, Marion, Baxter, Washington, Madison, Newton, Searcy, Crawford, Franklin, Johnson, Pope, Van Buren, Sebastian, Logan, Conway, Scott, Yell, and Perry; (B) Used Tire Program 2 consists of the following counties: Fulton, Sharp, Randolph, Clay, Izard, Lawrence, Greene, Stone, Independence, Jackson, Craighead, Mississippi, Cleburne, Faulkner, White, Poinsett, Woodruff, Cross, Pulaski, and Crittenden; (C) Used Tire Program 3 consists of the following counties: Polk, Montgomery, Sevier, Howard, Pike, Clark, Little River, Hempstead, Nevada, Miller, Lafayette, Saline, Dallas, Ouachita, Union, Garland, Hot Spring, and Columbia; and (D) Used Tire Program 4 consists of the following counties: Grant, Jefferson, Arkansas, Phillips, Cleveland, Lincoln, Desha, Calhoun, Bradley, Drew, Ashley, Lonoke, Prairie, Monroe, St. Francis, Lee, and Chicot.

(1) In order to address efficiency in tire processing, including without limitation transportation, there are created four (4) used tire programs in the state.

(2) The four (4) used tire programs created under subdivision (a)(1) of this section are composed as follows: (A) Used Tire Program 1 consists of the following counties: Benton, Carroll, Boone, Marion, Baxter, Washington, Madison, Newton, Searcy, Crawford, Franklin, Johnson, Pope, Van Buren, Sebastian, Logan, Conway, Scott, Yell, and Perry; (B) Used Tire Program 2 consists of the following counties: Fulton, Sharp, Randolph, Clay, Izard, Lawrence, Greene, Stone, Independence, Jackson, Craighead, Mississippi, Cleburne, Faulkner, White, Poinsett, Woodruff, Cross, Pulaski, and Crittenden; (C) Used Tire Program 3 consists of the following counties: Polk, Montgomery, Sevier, Howard, Pike, Clark, Little River, Hempstead, Nevada, Miller, Lafayette, Saline, Dallas, Ouachita, Union, Garland, Hot Spring, and Columbia; and (D) Used Tire Program 4 consists of the following counties: Grant, Jefferson, Arkansas, Phillips, Cleveland, Lincoln, Desha, Calhoun, Bradley, Drew, Ashley, Lonoke, Prairie, Monroe, St. Francis, Lee, and Chicot.

(A) Used Tire Program 1 consists of the following counties: Benton, Carroll, Boone, Marion, Baxter, Washington, Madison, Newton, Searcy, Crawford, Franklin, Johnson, Pope, Van Buren, Sebastian, Logan, Conway, Scott, Yell, and Perry;

(B) Used Tire Program 2 consists of the following counties: Fulton, Sharp, Randolph, Clay, Izard, Lawrence, Greene, Stone, Independence, Jackson, Craighead, Mississippi, Cleburne, Faulkner, White, Poinsett, Woodruff, Cross, Pulaski, and Crittenden;

(C) Used Tire Program 3 consists of the following counties: Polk, Montgomery, Sevier, Howard, Pike, Clark, Little River, Hempstead, Nevada, Miller, Lafayette, Saline, Dallas, Ouachita, Union, Garland, Hot Spring, and Columbia; and

(D) Used Tire Program 4 consists of the following counties: Grant, Jefferson, Arkansas, Phillips, Cleveland, Lincoln, Desha, Calhoun, Bradley, Drew, Ashley, Lonoke, Prairie, Monroe, St. Francis, Lee, and Chicot.

(b) (1) Each new used tire program is governed by a tire accountability board that is composed of eleven (11) members: (A) Five (5) county judges, elected by the county judges of the used tire program; (B) Two (2) county judges, appointed from the two (2) most populous counties in the used tire program according to the most recent federal census; and (C) Four (4) mayors, elected by the mayors of all of the cities in the used tire program. (2) Each member of the tire accountability board shall serve for a term of three (3) years. (3) The members of the tire accountability board shall draw lots for staggered terms at the first organizational meeting. (4) A vacancy on the tire accountability board shall be filled through the process described in the bylaws of the tire accountability board.

(1) Each new used tire program is governed by a tire accountability board that is composed of eleven (11) members: (A) Five (5) county judges, elected by the county judges of the used tire program; (B) Two (2) county judges, appointed from the two (2) most populous counties in the used tire program according to the most recent federal census; and (C) Four (4) mayors, elected by the mayors of all of the cities in the used tire program.

(A) Five (5) county judges, elected by the county judges of the used tire program;

(B) Two (2) county judges, appointed from the two (2) most populous counties in the used tire program according to the most recent federal census; and

(C) Four (4) mayors, elected by the mayors of all of the cities in the used tire program.

(2) Each member of the tire accountability board shall serve for a term of three (3) years.

(3) The members of the tire accountability board shall draw lots for staggered terms at the first organizational meeting.

(4) A vacancy on the tire accountability board shall be filled through the process described in the bylaws of the tire accountability board.

(c) (1) A tire accountability board shall: (A) Elect a chair and a vice-chair at an organizational meeting; (B) Develop bylaws to govern the tire accountability board, including without limitation rules related to the replacement of members of the tire accountability board in the event of a vacancy; and (C) Submit a business plan to the Division of Environmental Quality for approval on or before September 1, 2023. (2) The division shall approve or seek additional information regarding the business plan submitted under subdivision (c)(1)(C) of this section within sixty (60) days.

(1) A tire accountability board shall: (A) Elect a chair and a vice-chair at an organizational meeting; (B) Develop bylaws to govern the tire accountability board, including without limitation rules related to the replacement of members of the tire accountability board in the event of a vacancy; and (C) Submit a business plan to the Division of Environmental Quality for approval on or before September 1, 2023.

(A) Elect a chair and a vice-chair at an organizational meeting;

(B) Develop bylaws to govern the tire accountability board, including without limitation rules related to the replacement of members of the tire accountability board in the event of a vacancy; and

(C) Submit a business plan to the Division of Environmental Quality for approval on or before September 1, 2023.

(2) The division shall approve or seek additional information regarding the business plan submitted under subdivision (c)(1)(C) of this section within sixty (60) days.

(d) The tire accountability board in each of the used tire programs may enter into an interlocal agreement to determine the highest level of efficiency regarding tire processing in the respective used tire program.

(e) Arkansas Legislative Audit shall audit the four (4) used tire programs on the following schedule: (1) Used Tire Program 1 and Used Tire Program 3 every odd-numbered year; and (2) Used Tire Program 2 and Used Tire Program 4 every even-numbered year.

(1) Used Tire Program 1 and Used Tire Program 3 every odd-numbered year; and

(2) Used Tire Program 2 and Used Tire Program 4 every even-numbered year.

Amended by Act 2023, No. 713,§ 6, eff. 4/11/2023.

Amended by Act 2019, No. 980,§ 12, eff. 7/24/2019.

Added by Act 2017, No. 317,§ 1, eff. 8/1/2017.
Ark. Code Ann. § 8-7-519 — AR Code / Title 8 / Chapter 7 / Subchapter 5 / Section 8-7-519
Appeals
Status: in_force

An appeal may be taken from any final order of the Division of Environmental Quality under this subchapter as provided in §§ 8-4-202 , 8-4-210 , 8-4-212 - 8-4-214 , 8-4-218 , 8-4-219 , and 8-4-221 - 8-4-229 and in accordance with rules promulgated by the Arkansas Pollution Control and Ecology Commission under this subchapter. Amended by Act 2019, No. 315,§ 637, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2774, eff. 7/1/2019. Acts 1985, No. 479, § 13; A.S.A. 1947, § 82-4724; 2005, No. 1824, § 15.

An appeal may be taken from any final order of the Division of Environmental Quality under this subchapter as provided in §§ 8-4-202 , 8-4-210 , 8-4-212 - 8-4-214 , 8-4-218 , 8-4-219 , and 8-4-221 - 8-4-229 and in accordance with rules promulgated by the Arkansas Pollution Control and Ecology Commission under this subchapter.

Amended by Act 2019, No. 315,§ 637, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2774, eff. 7/1/2019.

Acts 1985, No. 479, § 13; A.S.A. 1947, § 82-4724; 2005, No. 1824, § 15.
Ark. Code Ann. § 8-7-1006 — AR Code / Title 8 / Chapter 7 / Subchapter 10 / Section 8-7-1006
Material safety data sheets
Status: in_force

(a) Chemical manufacturers and distributors shall provide public employers which purchase a hazardous chemical from them with an appropriate material safety data sheet prior to or with their initial shipment of the hazardous chemical and with the first shipment after the material safety data sheet for the hazardous chemical is updated. (b) Public employers shall maintain the most current material safety data sheet received from chemical manufacturers or distributors for each hazardous chemical in the workplace. If a material safety data sheet has not been provided by the chemical manufacturer or distributor at the time the hazardous chemicals are received at the workplace, the public employer shall request one in writing from the chemical manufacturer or distributor within five (5) business days. (c) Material safety data sheets shall be readily available upon request to public employees and their designated representatives. (d) (1) If a material safety data sheet for a hazardous chemical is not readily available upon request, a public employee or his or her designated representative may submit a written request for the material safety data sheet to the public employer. The public employer, within three (3) business days, either shall furnish a copy of the requested material safety data sheet to the requester or, if the requested material safety data sheet is not in the public employer's possession, shall demonstrate to the requester that the public employer has made an effort to obtain the material safety data sheet from the distributor, chemical manufacturer, or other source. (2) If after two (2) weeks from receipt of the request the public employer has not furnished the requester with the requested material safety data sheet, the public employer shall not require the public employee to work with the hazardous chemical for which the material safety data sheet was requested until the material safety data sheet is furnished, unless: (A) The manufacturer of the substance for which the material safety data sheet was requested furnishes a written statement that the substance is not a hazardous chemical as defined in § 8-7-1003 ; (B) The public employer can demonstrate to the public employee that the material safety data sheet cannot be obtained through no fault of the public employer; or (C) The public employer can demonstrate to the public employee that the material safety data sheet will be furnished by a date specified by the public employer within one (1) additional week, provided that the public employee shall not be required to work with the hazardous chemical if the material safety data sheet is not furnished by the date specified. (3) If a public employee declines to work with a hazardous chemical as authorized by this subsection, he or she shall not be penalized. Reassignment of a public employee to other work at equal pay and benefits shall not be considered a penalty under this subsection. (e) A public employer, chemical manufacturer, or distributor shall provide a copy of a material safety data sheet to the Director of the Division of Labor upon request. (f) A public employer, chemical manufacturer, or distributor may meet the requirements of this section with respect to a hazardous chemical which is a mixture either by providing a material safety data sheet for each element or compound in the mixture which is a hazardous chemical or by providing a material safety data sheet for the mixture itself. If more than one (1) mixture has the same element or compound, only one (1) material safety data sheet for that element or compound is necessary. Amended by Act 2019, No. 910,§ 5269, eff. 7/1/2019. Acts 1991, No. 556, § 6; 1991, No. 1172, § 6.

(a) Chemical manufacturers and distributors shall provide public employers which purchase a hazardous chemical from them with an appropriate material safety data sheet prior to or with their initial shipment of the hazardous chemical and with the first shipment after the material safety data sheet for the hazardous chemical is updated.

(b) Public employers shall maintain the most current material safety data sheet received from chemical manufacturers or distributors for each hazardous chemical in the workplace. If a material safety data sheet has not been provided by the chemical manufacturer or distributor at the time the hazardous chemicals are received at the workplace, the public employer shall request one in writing from the chemical manufacturer or distributor within five (5) business days.

(c) Material safety data sheets shall be readily available upon request to public employees and their designated representatives.

(d) (1) If a material safety data sheet for a hazardous chemical is not readily available upon request, a public employee or his or her designated representative may submit a written request for the material safety data sheet to the public employer. The public employer, within three (3) business days, either shall furnish a copy of the requested material safety data sheet to the requester or, if the requested material safety data sheet is not in the public employer's possession, shall demonstrate to the requester that the public employer has made an effort to obtain the material safety data sheet from the distributor, chemical manufacturer, or other source. (2) If after two (2) weeks from receipt of the request the public employer has not furnished the requester with the requested material safety data sheet, the public employer shall not require the public employee to work with the hazardous chemical for which the material safety data sheet was requested until the material safety data sheet is furnished, unless: (A) The manufacturer of the substance for which the material safety data sheet was requested furnishes a written statement that the substance is not a hazardous chemical as defined in § 8-7-1003 ; (B) The public employer can demonstrate to the public employee that the material safety data sheet cannot be obtained through no fault of the public employer; or (C) The public employer can demonstrate to the public employee that the material safety data sheet will be furnished by a date specified by the public employer within one (1) additional week, provided that the public employee shall not be required to work with the hazardous chemical if the material safety data sheet is not furnished by the date specified. (3) If a public employee declines to work with a hazardous chemical as authorized by this subsection, he or she shall not be penalized. Reassignment of a public employee to other work at equal pay and benefits shall not be considered a penalty under this subsection.

(1) If a material safety data sheet for a hazardous chemical is not readily available upon request, a public employee or his or her designated representative may submit a written request for the material safety data sheet to the public employer. The public employer, within three (3) business days, either shall furnish a copy of the requested material safety data sheet to the requester or, if the requested material safety data sheet is not in the public employer's possession, shall demonstrate to the requester that the public employer has made an effort to obtain the material safety data sheet from the distributor, chemical manufacturer, or other source.

(2) If after two (2) weeks from receipt of the request the public employer has not furnished the requester with the requested material safety data sheet, the public employer shall not require the public employee to work with the hazardous chemical for which the material safety data sheet was requested until the material safety data sheet is furnished, unless: (A) The manufacturer of the substance for which the material safety data sheet was requested furnishes a written statement that the substance is not a hazardous chemical as defined in § 8-7-1003 ; (B) The public employer can demonstrate to the public employee that the material safety data sheet cannot be obtained through no fault of the public employer; or (C) The public employer can demonstrate to the public employee that the material safety data sheet will be furnished by a date specified by the public employer within one (1) additional week, provided that the public employee shall not be required to work with the hazardous chemical if the material safety data sheet is not furnished by the date specified.

(A) The manufacturer of the substance for which the material safety data sheet was requested furnishes a written statement that the substance is not a hazardous chemical as defined in § 8-7-1003 ;

(B) The public employer can demonstrate to the public employee that the material safety data sheet cannot be obtained through no fault of the public employer; or

(C) The public employer can demonstrate to the public employee that the material safety data sheet will be furnished by a date specified by the public employer within one (1) additional week, provided that the public employee shall not be required to work with the hazardous chemical if the material safety data sheet is not furnished by the date specified.

(3) If a public employee declines to work with a hazardous chemical as authorized by this subsection, he or she shall not be penalized. Reassignment of a public employee to other work at equal pay and benefits shall not be considered a penalty under this subsection.

(e) A public employer, chemical manufacturer, or distributor shall provide a copy of a material safety data sheet to the Director of the Division of Labor upon request.

(f) A public employer, chemical manufacturer, or distributor may meet the requirements of this section with respect to a hazardous chemical which is a mixture either by providing a material safety data sheet for each element or compound in the mixture which is a hazardous chemical or by providing a material safety data sheet for the mixture itself. If more than one (1) mixture has the same element or compound, only one (1) material safety data sheet for that element or compound is necessary.

Amended by Act 2019, No. 910,§ 5269, eff. 7/1/2019.

Acts 1991, No. 556, § 6; 1991, No. 1172, § 6.
Ark. Code Ann. § 8-9-806 — AR Code / Title 8 / Chapter 9 / Subchapter 8 / Section 8-9-806
Public outreach and education
Status: in_force

The University of Arkansas, with direction and assistance from the federal charter under § 8-9-804 , shall: (1) Develop and implement a public outreach and education program to the sites selected within Arkansas to gather public opinion on the construction and operation of a spent nuclear fuel interim storage and recycling facility; (2) Hold public meetings to interact with citizens to determine their opposition to and support of a spent nuclear fuel interim storage and recycling facility in their location; (3) Measure the level of opposition and support of those citizens through surveys, polls, and other recognized means; (4) Provide a report to the Legislative Council on the outcome of the public meetings for final approval and assistance in site selection; and (5) Contingent upon a demonstration of public support as a result of the public outreach and education effort, endow a chair within the university to develop a nuclear science and engineering program to provide future generations of nuclear engineers to capitalize on future opportunities available at the spent nuclear interim storage and recycling facility initially funded by federal funds. Added by Act 2023, No. 259,§ 1, eff. 8/1/2023.

The University of Arkansas, with direction and assistance from the federal charter under § 8-9-804 , shall:

(1) Develop and implement a public outreach and education program to the sites selected within Arkansas to gather public opinion on the construction and operation of a spent nuclear fuel interim storage and recycling facility;

(2) Hold public meetings to interact with citizens to determine their opposition to and support of a spent nuclear fuel interim storage and recycling facility in their location;

(3) Measure the level of opposition and support of those citizens through surveys, polls, and other recognized means;

(4) Provide a report to the Legislative Council on the outcome of the public meetings for final approval and assistance in site selection; and

(5) Contingent upon a demonstration of public support as a result of the public outreach and education effort, endow a chair within the university to develop a nuclear science and engineering program to provide future generations of nuclear engineers to capitalize on future opportunities available at the spent nuclear interim storage and recycling facility initially funded by federal funds.

Added by Act 2023, No. 259,§ 1, eff. 8/1/2023.
Ark. Code Ann. § 8-7-802 — AR Code / Title 8 / Chapter 7 / Subchapter 8 / Section 8-7-802
Division and commission - Powers and duties
Status: in_force

(a) The Arkansas Pollution Control and Ecology Commission shall have the following powers and duties: (1) To promulgate, after notice and public hearing, and to modify, repeal, and enforce, as necessary or appropriate to implement or effectuate the purposes and intent of this subchapter, rules relating to an underground storage tank release detection, prevention, corrective action, and financial responsibility program as required by the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq., and the Energy Policy Act of 2005, Pub. L. No. 109-58; and (2) (A) To set reasonable fees for licensure of individuals and annual registration of underground storage tanks and aboveground storage tanks by rule. (B) (i) The annual registration fee for underground storage tanks shall not exceed seventy-five dollars ($75.00) per underground storage tank. (ii) The fee shall be used by the Division of Environmental Quality for administrative and program costs. (C) (i) The annual registration fee for aboveground storage tanks shall not exceed seventy-five dollars ($75.00) per aboveground storage tank. (ii) The fee shall be used by the Division of Environmental Quality for administrative and program costs, and ten dollars ($10.00) of the fee collected by the Division of Environmental Quality shall be remitted to the State Treasury, there to be deposited as special revenues to the credit of the Fire Services Fund to be used for the purposes of above-ground storage tank monitoring and regulation by the State Fire Marshal. (b) The Division of Environmental Quality shall have the following powers and duties: (1) To administer and enforce all laws, rules, and regulations relating to an underground storage tank release detection, prevention, and corrective action program, and financial responsibility, including the use of any and all appropriate legal remedies, to recover costs and collect penalties under this subchapter; (2) To advise, consult, cooperate, and enter into agreements with appropriate federal, state, interstate, and local units of government and with affected groups and industries in the formulation of plans and in implementation of a program pursuant to this subchapter; (3) To accept and administer loans and grants from the United States Government and from such other sources as may be available to the Division of Environmental Quality for the planning, implementation, and enforcement of an underground storage tank program for release detection, prevention, corrective action, and financial responsibility; (4) To examine and license individuals for the installation and testing of underground storage tanks; (5) To enter upon any public or private property for the purpose of obtaining information, conducting surveys or investigations, or taking corrective action, and the Division of Environmental Quality may copy or require submission of books, papers, records, memoranda, or data pertaining to the management of underground storage tanks; (6) To enter into a cooperative agreement with the United States Environmental Protection Agency to carry out corrective actions and enforcement activities, including use of funds provided from the federal Leaking Underground Storage Tank Trust Fund, 26 U.S.C. § 9508 ; and (7) To take such other action as necessary and appropriate to carry out the purposes of this subchapter and meet the requirements of federal law. Amended by Act 2023, No. 841,§ 7, eff. 7/1/2023. Amended by Act 2019, No. 315,§ 645, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 644, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2786, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2785, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2784, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2783, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2782, eff. 7/1/2019. Acts 1989, No. 172, § 2; 1991, No. 594, § 1; 1993, No. 810, § 2; 2005, No. 671, § 1; 2007, No. 264, § 2.

(a) The Arkansas Pollution Control and Ecology Commission shall have the following powers and duties: (1) To promulgate, after notice and public hearing, and to modify, repeal, and enforce, as necessary or appropriate to implement or effectuate the purposes and intent of this subchapter, rules relating to an underground storage tank release detection, prevention, corrective action, and financial responsibility program as required by the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq., and the Energy Policy Act of 2005, Pub. L. No. 109-58; and (2) (A) To set reasonable fees for licensure of individuals and annual registration of underground storage tanks and aboveground storage tanks by rule. (B) (i) The annual registration fee for underground storage tanks shall not exceed seventy-five dollars ($75.00) per underground storage tank. (ii) The fee shall be used by the Division of Environmental Quality for administrative and program costs. (C) (i) The annual registration fee for aboveground storage tanks shall not exceed seventy-five dollars ($75.00) per aboveground storage tank. (ii) The fee shall be used by the Division of Environmental Quality for administrative and program costs, and ten dollars ($10.00) of the fee collected by the Division of Environmental Quality shall be remitted to the State Treasury, there to be deposited as special revenues to the credit of the Fire Services Fund to be used for the purposes of above-ground storage tank monitoring and regulation by the State Fire Marshal.

(1) To promulgate, after notice and public hearing, and to modify, repeal, and enforce, as necessary or appropriate to implement or effectuate the purposes and intent of this subchapter, rules relating to an underground storage tank release detection, prevention, corrective action, and financial responsibility program as required by the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq., and the Energy Policy Act of 2005, Pub. L. No. 109-58; and

(2) (A) To set reasonable fees for licensure of individuals and annual registration of underground storage tanks and aboveground storage tanks by rule. (B) (i) The annual registration fee for underground storage tanks shall not exceed seventy-five dollars ($75.00) per underground storage tank. (ii) The fee shall be used by the Division of Environmental Quality for administrative and program costs. (C) (i) The annual registration fee for aboveground storage tanks shall not exceed seventy-five dollars ($75.00) per aboveground storage tank. (ii) The fee shall be used by the Division of Environmental Quality for administrative and program costs, and ten dollars ($10.00) of the fee collected by the Division of Environmental Quality shall be remitted to the State Treasury, there to be deposited as special revenues to the credit of the Fire Services Fund to be used for the purposes of above-ground storage tank monitoring and regulation by the State Fire Marshal.

(A) To set reasonable fees for licensure of individuals and annual registration of underground storage tanks and aboveground storage tanks by rule.

(B) (i) The annual registration fee for underground storage tanks shall not exceed seventy-five dollars ($75.00) per underground storage tank. (ii) The fee shall be used by the Division of Environmental Quality for administrative and program costs.

(i) The annual registration fee for underground storage tanks shall not exceed seventy-five dollars ($75.00) per underground storage tank.

(ii) The fee shall be used by the Division of Environmental Quality for administrative and program costs.

(C) (i) The annual registration fee for aboveground storage tanks shall not exceed seventy-five dollars ($75.00) per aboveground storage tank. (ii) The fee shall be used by the Division of Environmental Quality for administrative and program costs, and ten dollars ($10.00) of the fee collected by the Division of Environmental Quality shall be remitted to the State Treasury, there to be deposited as special revenues to the credit of the Fire Services Fund to be used for the purposes of above-ground storage tank monitoring and regulation by the State Fire Marshal.

(i) The annual registration fee for aboveground storage tanks shall not exceed seventy-five dollars ($75.00) per aboveground storage tank.

(ii) The fee shall be used by the Division of Environmental Quality for administrative and program costs, and ten dollars ($10.00) of the fee collected by the Division of Environmental Quality shall be remitted to the State Treasury, there to be deposited as special revenues to the credit of the Fire Services Fund to be used for the purposes of above-ground storage tank monitoring and regulation by the State Fire Marshal.

(b) The Division of Environmental Quality shall have the following powers and duties: (1) To administer and enforce all laws, rules, and regulations relating to an underground storage tank release detection, prevention, and corrective action program, and financial responsibility, including the use of any and all appropriate legal remedies, to recover costs and collect penalties under this subchapter; (2) To advise, consult, cooperate, and enter into agreements with appropriate federal, state, interstate, and local units of government and with affected groups and industries in the formulation of plans and in implementation of a program pursuant to this subchapter; (3) To accept and administer loans and grants from the United States Government and from such other sources as may be available to the Division of Environmental Quality for the planning, implementation, and enforcement of an underground storage tank program for release detection, prevention, corrective action, and financial responsibility; (4) To examine and license individuals for the installation and testing of underground storage tanks; (5) To enter upon any public or private property for the purpose of obtaining information, conducting surveys or investigations, or taking corrective action, and the Division of Environmental Quality may copy or require submission of books, papers, records, memoranda, or data pertaining to the management of underground storage tanks; (6) To enter into a cooperative agreement with the United States Environmental Protection Agency to carry out corrective actions and enforcement activities, including use of funds provided from the federal Leaking Underground Storage Tank Trust Fund, 26 U.S.C. § 9508 ; and (7) To take such other action as necessary and appropriate to carry out the purposes of this subchapter and meet the requirements of federal law.

(1) To administer and enforce all laws, rules, and regulations relating to an underground storage tank release detection, prevention, and corrective action program, and financial responsibility, including the use of any and all appropriate legal remedies, to recover costs and collect penalties under this subchapter;

(2) To advise, consult, cooperate, and enter into agreements with appropriate federal, state, interstate, and local units of government and with affected groups and industries in the formulation of plans and in implementation of a program pursuant to this subchapter;

(3) To accept and administer loans and grants from the United States Government and from such other sources as may be available to the Division of Environmental Quality for the planning, implementation, and enforcement of an underground storage tank program for release detection, prevention, corrective action, and financial responsibility;

(4) To examine and license individuals for the installation and testing of underground storage tanks;

(5) To enter upon any public or private property for the purpose of obtaining information, conducting surveys or investigations, or taking corrective action, and the Division of Environmental Quality may copy or require submission of books, papers, records, memoranda, or data pertaining to the management of underground storage tanks;

(6) To enter into a cooperative agreement with the United States Environmental Protection Agency to carry out corrective actions and enforcement activities, including use of funds provided from the federal Leaking Underground Storage Tank Trust Fund, 26 U.S.C. § 9508 ; and

(7) To take such other action as necessary and appropriate to carry out the purposes of this subchapter and meet the requirements of federal law.

Amended by Act 2023, No. 841,§ 7, eff. 7/1/2023.

Amended by Act 2019, No. 315,§ 645, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 644, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2786, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2785, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2784, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2783, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2782, eff. 7/1/2019.

Acts 1989, No. 172, § 2; 1991, No. 594, § 1; 1993, No. 810, § 2; 2005, No. 671, § 1; 2007, No. 264, § 2.
Ark. Code Ann. § 8-7-812 — AR Code / Title 8 / Chapter 7 / Subchapter 8 / Section 8-7-812
Subchapter controlling over other laws
Status: in_force

(a) This subchapter shall supersede and preempt all local government laws, ordinances, rules, and regulations pertaining to underground storage tanks, except for any applicable local building permit or fire code requirements pertaining to installation of underground storage tanks. (b) The provisions of this subchapter and the rules promulgated pursuant to this subchapter shall govern if they conflict with the provisions of the Arkansas Water and Air Pollution Control Act, § 8-4-101 et seq., the Arkansas Solid Waste Management Act, § 8-6-201 et seq., or the Arkansas Hazardous Waste Management Act of 1979, § 8-7-201 et seq., or any action taken by the Division of Environmental Quality under the Arkansas Water and Air Pollution Control Act, § 8-4-101 et seq., the Arkansas Solid Waste Management Act, § 8-6-201 et seq., or the Arkansas Hazardous Waste Management Act of 1979, § 8-7-201 et seq. Amended by Act 2019, No. 315,§ 660, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2801, eff. 7/1/2019. Acts 1989, No. 172, § 12.

(a) This subchapter shall supersede and preempt all local government laws, ordinances, rules, and regulations pertaining to underground storage tanks, except for any applicable local building permit or fire code requirements pertaining to installation of underground storage tanks.

(b) The provisions of this subchapter and the rules promulgated pursuant to this subchapter shall govern if they conflict with the provisions of the Arkansas Water and Air Pollution Control Act, § 8-4-101 et seq., the Arkansas Solid Waste Management Act, § 8-6-201 et seq., or the Arkansas Hazardous Waste Management Act of 1979, § 8-7-201 et seq., or any action taken by the Division of Environmental Quality under the Arkansas Water and Air Pollution Control Act, § 8-4-101 et seq., the Arkansas Solid Waste Management Act, § 8-6-201 et seq., or the Arkansas Hazardous Waste Management Act of 1979, § 8-7-201 et seq.

Amended by Act 2019, No. 315,§ 660, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2801, eff. 7/1/2019.

Acts 1989, No. 172, § 12.
Ark. Code Ann. § 8-5-801 — AR Code / Title 8 / Chapter 5 / Subchapter 8 / Section 8-5-801
Title
Status: in_force

This subchapter may be called the "Small Business Revolving Loan Fund for Pollution Control and Prevention Technologies Act". Acts 1997, No. 691, § 1.

This subchapter may be called the "Small Business Revolving Loan Fund for Pollution Control and Prevention Technologies Act".

Acts 1997, No. 691, § 1.
Ark. Code Ann. § 8-7-902 — AR Code / Title 8 / Chapter 7 / Subchapter 9 / Section 8-7-902
Definitions
Status: in_force

As used in this subchapter: (1) (A) "Aboveground storage tank" means any one (1) or a combination of containers, vessels, and enclosures located aboveground, including structures and appurtenances connected to them, the capacity of which is greater than one thousand three hundred twenty gallons (1,320 gals.) and not more than forty thousand gallons (40,000 gals.) and that is used to contain or dispense motor fuels, distillate special fuels, or other refined petroleum products. (B) "Aboveground storage tank" does not include mobile storage tanks used to transport petroleum from one (1) location to another or those used in the production of petroleum or natural gas; (2) "Accidental release" means any sudden or nonsudden confirmed release of petroleum from a storage tank that results in a need for corrective action or a claim for compensatory damages, or both, neither expected nor intended by the storage tank owner or operator; (3) "Advisory committee" or "committee" means the Advisory Committee on Petroleum Storage Tanks as established in this subchapter; (4) "Commission" means the Arkansas Pollution Control and Ecology Commission; (5) (A) "Compensatory damages" means all damages for which an owner or operator may be liable, including, without limitation, bodily injury or property damage. (B) "Compensatory damages" does not include: (i) Punitive damages; or (ii) The costs of litigation, which shall not be limited to attorney's or expert witness fees. (C) This definition shall apply to any pending third-party claim which has not been reduced to judgment as of April 7, 2003; (6) "Corrective action" means those actions which may be necessary to protect human health and the environment as a result of an accidental release, sudden or nonsudden; (7) "Distributor" means and includes any person, including the State of Arkansas and any political subdivision thereof, but not including the United States or any of its instrumentalities, except to the extent permitted by the United States Constitution or laws thereof, who is customarily in the wholesale business of offering motor fuels for resale or delivery to dealers, consumers, or others in storage tanks of two hundred gallons (200 gals.) or more which are not connected to motor vehicles and is: (A) Making the first sale in the State of Arkansas of any motor fuel imported into the state from any other state, territory, or foreign country after it has been received within this state within the meaning of the Motor Fuel Tax Law, § 26-55-201 et seq.; (B) Consuming or using in the State of Arkansas any motor fuel so imported and who has purchased it before it has been received by any other person in this state, within the meaning of the Motor Fuel Tax Law, § 26-55-201 et seq.; or (C) Producing, refining, preparing, distilling, manufacturing, blending, or compounding motor fuel in this state; (8) "Fund" means the Petroleum Storage Tank Trust Fund created by this subchapter; (9) "Occurrence" means an accident, including continuous or repeated exposure to conditions, which results in a release from a storage tank; (10) "Owner or operator", when the owner and operator are separate parties, means the person who is required to obtain financial assurances under the state underground storage tank program or federal underground storage tank program; (11) "Person" means any individual, corporation, company, firm, partnership, association, trust, joint-stock company or trust, or venture, or municipal, state, or federal government or agency, or any other legal entity, however organized; (12) "Petroleum" means petroleum, including crude oil or any fraction thereof, which is liquid at standard conditions of temperature and pressure of sixty degrees Fahrenheit (60° F) and fourteen and seven-tenths pounds per square inch (14.7 psi) absolute; (13) (A) "Release" means any spilling, leaking, emitting, discharging, escaping, leaching, or disposing from a storage tank into groundwater, surface water, or subsurface soils. (B) "Release" does not include a release that is permitted or authorized by the Division of Environmental Quality or by federal law; (14) "Storage tank" means an aboveground storage tank or underground storage tank as defined in this subchapter; (15) (A) "Supplier" means any person who is customarily in the wholesale business of offering distillate special fuels or liquefied gas special fuels for resale or use to any person in this state and who makes bulk sales of fuel. (B) "Supplier" includes pipeline importers, first receivers, and second receivers; (16) "Terminal" means a bulk storage facility for storing petroleum products supplied by pipeline or marine vessels; (17) (A) "Underground storage tank" means any one (1) or a combination of tanks, including underground pipes connected thereto, that is or has been used to contain petroleum, and the volume of which, including the volume of the underground pipes connected thereto, is ten percent (10%) or more beneath the surface of the ground. (B) "Underground storage tank" does not include any: (i) Farm or residential tank of one thousand one hundred gallons (1,100 gals.) or less capacity used for storing motor fuel for noncommercial purposes; (ii) Tank used for storing heating oil for consumptive use on the premises where stored; (iii) Septic tank; (iv) Intrastate and interstate pipeline facilities regulated by the Arkansas Public Service Commission or other applicable state or federal agency and all other pipeline facilities, including gathering lines regulated under: (a) The Natural Gas Pipeline Safety Act of 1968, 49 U.S.C. § 60101 et seq.; or (b) The Hazardous Liquid Pipeline Safety Act of 1979; (v) Surface impoundment, pit, pond, or lagoon; (vi) Storm water or wastewater collection system; (vii) Flow-through process tank; (viii) Liquid trap or associated gather lines directly related to oil or gas production and gathering operations; (ix) Storage tank situated in an underground area, such as a basement, cellar, mineworking, drift, shaft, or tunnel, if the storage tank is situated upon or above the surface of the floor; or (x) Any pipes connected to any tank which is described in this subdivision (17)(B); and (18) (A) "Unknown petroleum storage tank" means a petroleum storage tank as defined by this subchapter whose existence on a property or facility at the time of the discovery of a release was not known or should not have reasonably been known by the owner or operator. (B) An owner or operator is deemed to have known of the existence of an unknown petroleum storage tank if there was surficial evidence of such a petroleum storage tank in the form of visible vent pipes, fill caps, or lines protruding from the petroleum storage tank. Amended by Act 2019, No. 910,§ 2803, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2802, eff. 7/1/2019. Acts 1989, No. 173, § 2; 1989 (3rd Ex. Sess.), No. 65, §§ 1, 2; 1991, No. 616, § 1; 1993, No. 951, § 1; 1997, No. 641, § 1; 1997, No. 1027, §§ 3, 4; 1999, No. 1164, § 107; 2001, No. 1471, § 3; 2003, No. 1114, § 1; 2009, No. 282, § 3.

As used in this subchapter:

(1) (A) "Aboveground storage tank" means any one (1) or a combination of containers, vessels, and enclosures located aboveground, including structures and appurtenances connected to them, the capacity of which is greater than one thousand three hundred twenty gallons (1,320 gals.) and not more than forty thousand gallons (40,000 gals.) and that is used to contain or dispense motor fuels, distillate special fuels, or other refined petroleum products. (B) "Aboveground storage tank" does not include mobile storage tanks used to transport petroleum from one (1) location to another or those used in the production of petroleum or natural gas;

(A) "Aboveground storage tank" means any one (1) or a combination of containers, vessels, and enclosures located aboveground, including structures and appurtenances connected to them, the capacity of which is greater than one thousand three hundred twenty gallons (1,320 gals.) and not more than forty thousand gallons (40,000 gals.) and that is used to contain or dispense motor fuels, distillate special fuels, or other refined petroleum products.

(B) "Aboveground storage tank" does not include mobile storage tanks used to transport petroleum from one (1) location to another or those used in the production of petroleum or natural gas;

(2) "Accidental release" means any sudden or nonsudden confirmed release of petroleum from a storage tank that results in a need for corrective action or a claim for compensatory damages, or both, neither expected nor intended by the storage tank owner or operator;

(3) "Advisory committee" or "committee" means the Advisory Committee on Petroleum Storage Tanks as established in this subchapter;

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

(5) (A) "Compensatory damages" means all damages for which an owner or operator may be liable, including, without limitation, bodily injury or property damage. (B) "Compensatory damages" does not include: (i) Punitive damages; or (ii) The costs of litigation, which shall not be limited to attorney's or expert witness fees. (C) This definition shall apply to any pending third-party claim which has not been reduced to judgment as of April 7, 2003;

(A) "Compensatory damages" means all damages for which an owner or operator may be liable, including, without limitation, bodily injury or property damage.

(B) "Compensatory damages" does not include: (i) Punitive damages; or (ii) The costs of litigation, which shall not be limited to attorney's or expert witness fees.

(i) Punitive damages; or

(ii) The costs of litigation, which shall not be limited to attorney's or expert witness fees.

(C) This definition shall apply to any pending third-party claim which has not been reduced to judgment as of April 7, 2003;

(6) "Corrective action" means those actions which may be necessary to protect human health and the environment as a result of an accidental release, sudden or nonsudden;

(7) "Distributor" means and includes any person, including the State of Arkansas and any political subdivision thereof, but not including the United States or any of its instrumentalities, except to the extent permitted by the United States Constitution or laws thereof, who is customarily in the wholesale business of offering motor fuels for resale or delivery to dealers, consumers, or others in storage tanks of two hundred gallons (200 gals.) or more which are not connected to motor vehicles and is: (A) Making the first sale in the State of Arkansas of any motor fuel imported into the state from any other state, territory, or foreign country after it has been received within this state within the meaning of the Motor Fuel Tax Law, § 26-55-201 et seq.; (B) Consuming or using in the State of Arkansas any motor fuel so imported and who has purchased it before it has been received by any other person in this state, within the meaning of the Motor Fuel Tax Law, § 26-55-201 et seq.; or (C) Producing, refining, preparing, distilling, manufacturing, blending, or compounding motor fuel in this state;

(A) Making the first sale in the State of Arkansas of any motor fuel imported into the state from any other state, territory, or foreign country after it has been received within this state within the meaning of the Motor Fuel Tax Law, § 26-55-201 et seq.;

(B) Consuming or using in the State of Arkansas any motor fuel so imported and who has purchased it before it has been received by any other person in this state, within the meaning of the Motor Fuel Tax Law, § 26-55-201 et seq.; or

(C) Producing, refining, preparing, distilling, manufacturing, blending, or compounding motor fuel in this state;

(8) "Fund" means the Petroleum Storage Tank Trust Fund created by this subchapter;

(9) "Occurrence" means an accident, including continuous or repeated exposure to conditions, which results in a release from a storage tank;

(10) "Owner or operator", when the owner and operator are separate parties, means the person who is required to obtain financial assurances under the state underground storage tank program or federal underground storage tank program;

(11) "Person" means any individual, corporation, company, firm, partnership, association, trust, joint-stock company or trust, or venture, or municipal, state, or federal government or agency, or any other legal entity, however organized;

(12) "Petroleum" means petroleum, including crude oil or any fraction thereof, which is liquid at standard conditions of temperature and pressure of sixty degrees Fahrenheit (60° F) and fourteen and seven-tenths pounds per square inch (14.7 psi) absolute;

(13) (A) "Release" means any spilling, leaking, emitting, discharging, escaping, leaching, or disposing from a storage tank into groundwater, surface water, or subsurface soils. (B) "Release" does not include a release that is permitted or authorized by the Division of Environmental Quality or by federal law;

(A) "Release" means any spilling, leaking, emitting, discharging, escaping, leaching, or disposing from a storage tank into groundwater, surface water, or subsurface soils.

(B) "Release" does not include a release that is permitted or authorized by the Division of Environmental Quality or by federal law;

(14) "Storage tank" means an aboveground storage tank or underground storage tank as defined in this subchapter;

(15) (A) "Supplier" means any person who is customarily in the wholesale business of offering distillate special fuels or liquefied gas special fuels for resale or use to any person in this state and who makes bulk sales of fuel. (B) "Supplier" includes pipeline importers, first receivers, and second receivers;

(A) "Supplier" means any person who is customarily in the wholesale business of offering distillate special fuels or liquefied gas special fuels for resale or use to any person in this state and who makes bulk sales of fuel.

(B) "Supplier" includes pipeline importers, first receivers, and second receivers;

(16) "Terminal" means a bulk storage facility for storing petroleum products supplied by pipeline or marine vessels;

(17) (A) "Underground storage tank" means any one (1) or a combination of tanks, including underground pipes connected thereto, that is or has been used to contain petroleum, and the volume of which, including the volume of the underground pipes connected thereto, is ten percent (10%) or more beneath the surface of the ground. (B) "Underground storage tank" does not include any: (i) Farm or residential tank of one thousand one hundred gallons (1,100 gals.) or less capacity used for storing motor fuel for noncommercial purposes; (ii) Tank used for storing heating oil for consumptive use on the premises where stored; (iii) Septic tank; (iv) Intrastate and interstate pipeline facilities regulated by the Arkansas Public Service Commission or other applicable state or federal agency and all other pipeline facilities, including gathering lines regulated under: (a) The Natural Gas Pipeline Safety Act of 1968, 49 U.S.C. § 60101 et seq.; or (b) The Hazardous Liquid Pipeline Safety Act of 1979; (v) Surface impoundment, pit, pond, or lagoon; (vi) Storm water or wastewater collection system; (vii) Flow-through process tank; (viii) Liquid trap or associated gather lines directly related to oil or gas production and gathering operations; (ix) Storage tank situated in an underground area, such as a basement, cellar, mineworking, drift, shaft, or tunnel, if the storage tank is situated upon or above the surface of the floor; or (x) Any pipes connected to any tank which is described in this subdivision (17)(B); and

(A) "Underground storage tank" means any one (1) or a combination of tanks, including underground pipes connected thereto, that is or has been used to contain petroleum, and the volume of which, including the volume of the underground pipes connected thereto, is ten percent (10%) or more beneath the surface of the ground.

(B) "Underground storage tank" does not include any: (i) Farm or residential tank of one thousand one hundred gallons (1,100 gals.) or less capacity used for storing motor fuel for noncommercial purposes; (ii) Tank used for storing heating oil for consumptive use on the premises where stored; (iii) Septic tank; (iv) Intrastate and interstate pipeline facilities regulated by the Arkansas Public Service Commission or other applicable state or federal agency and all other pipeline facilities, including gathering lines regulated under: (a) The Natural Gas Pipeline Safety Act of 1968, 49 U.S.C. § 60101 et seq.; or (b) The Hazardous Liquid Pipeline Safety Act of 1979; (v) Surface impoundment, pit, pond, or lagoon; (vi) Storm water or wastewater collection system; (vii) Flow-through process tank; (viii) Liquid trap or associated gather lines directly related to oil or gas production and gathering operations; (ix) Storage tank situated in an underground area, such as a basement, cellar, mineworking, drift, shaft, or tunnel, if the storage tank is situated upon or above the surface of the floor; or (x) Any pipes connected to any tank which is described in this subdivision (17)(B); and

(i) Farm or residential tank of one thousand one hundred gallons (1,100 gals.) or less capacity used for storing motor fuel for noncommercial purposes;

(ii) Tank used for storing heating oil for consumptive use on the premises where stored;

(iii) Septic tank;

(iv) Intrastate and interstate pipeline facilities regulated by the Arkansas Public Service Commission or other applicable state or federal agency and all other pipeline facilities, including gathering lines regulated under: (a) The Natural Gas Pipeline Safety Act of 1968, 49 U.S.C. § 60101 et seq.; or (b) The Hazardous Liquid Pipeline Safety Act of 1979;

(a) The Natural Gas Pipeline Safety Act of 1968, 49 U.S.C. § 60101 et seq.; or

(b) The Hazardous Liquid Pipeline Safety Act of 1979;

(v) Surface impoundment, pit, pond, or lagoon;

(vi) Storm water or wastewater collection system;

(vii) Flow-through process tank;

(viii) Liquid trap or associated gather lines directly related to oil or gas production and gathering operations;

(ix) Storage tank situated in an underground area, such as a basement, cellar, mineworking, drift, shaft, or tunnel, if the storage tank is situated upon or above the surface of the floor; or

(x) Any pipes connected to any tank which is described in this subdivision (17)(B); and

(18) (A) "Unknown petroleum storage tank" means a petroleum storage tank as defined by this subchapter whose existence on a property or facility at the time of the discovery of a release was not known or should not have reasonably been known by the owner or operator. (B) An owner or operator is deemed to have known of the existence of an unknown petroleum storage tank if there was surficial evidence of such a petroleum storage tank in the form of visible vent pipes, fill caps, or lines protruding from the petroleum storage tank.

(A) "Unknown petroleum storage tank" means a petroleum storage tank as defined by this subchapter whose existence on a property or facility at the time of the discovery of a release was not known or should not have reasonably been known by the owner or operator.

(B) An owner or operator is deemed to have known of the existence of an unknown petroleum storage tank if there was surficial evidence of such a petroleum storage tank in the form of visible vent pipes, fill caps, or lines protruding from the petroleum storage tank.

Amended by Act 2019, No. 910,§ 2803, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2802, eff. 7/1/2019.

Acts 1989, No. 173, § 2; 1989 (3rd Ex. Sess.), No. 65, §§ 1, 2; 1991, No. 616, § 1; 1993, No. 951, § 1; 1997, No. 641, § 1; 1997, No. 1027, §§ 3, 4; 1999, No. 1164, § 107; 2001, No. 1471, § 3; 2003, No. 1114, § 1; 2009, No. 282, § 3.
Ark. Code Ann. § 8-4-106 — AR Code / Title 8 / Chapter 4 / Subchapter 1 / Section 8-4-106
Technical and other services and public assistance
Status: in_force

(a) Technical, scientific, legal, or other services may be performed, insofar as practicable, by personnel of other state agencies and educational institutions and the Attorney General. However, the personnel of these state agencies shall receive no additional salary or wages for their services to the Division of Environmental Quality. (b) The Director of the Division of Environmental Quality, however, may employ and compensate, within appropriations available, consultants and such assistants and employees as may be necessary to carry out the provisions of this chapter and prescribe their powers and duties. Amended by Act 2019, No. 910,§ 2478, eff. 7/1/2019. Acts 1949, No. 472 [Part 1], § 2; 1963, No. 503, § 1; 1965, No. 183, § 3; 1973, No. 262, § 3; A.S.A. 1947, § 82-1903; Acts 1991, No. 744, § 3; 1999, No. 1164, § 17.

(a) Technical, scientific, legal, or other services may be performed, insofar as practicable, by personnel of other state agencies and educational institutions and the Attorney General. However, the personnel of these state agencies shall receive no additional salary or wages for their services to the Division of Environmental Quality.

(b) The Director of the Division of Environmental Quality, however, may employ and compensate, within appropriations available, consultants and such assistants and employees as may be necessary to carry out the provisions of this chapter and prescribe their powers and duties.

Amended by Act 2019, No. 910,§ 2478, eff. 7/1/2019.

Acts 1949, No. 472 [Part 1], § 2; 1963, No. 503, § 1; 1965, No. 183, § 3; 1973, No. 262, § 3; A.S.A. 1947, § 82-1903; Acts 1991, No. 744, § 3; 1999, No. 1164, § 17.
Ark. Code Ann. § 8-9-502 — AR Code / Title 8 / Chapter 9 / Subchapter 5 / Section 8-9-502
[Repealed]
Status: repealed

Amended by Act 2019, No. 910,§ 2892, eff. 7/1/2019. Repealed by Act 2019, No. 976,§ 1, eff. 7/24/2019. Acts 1993, No. 991, § 2; 1995, No. 658, § 1; 1999, No. 1164, § 116.

Amended by Act 2019, No. 910,§ 2892, eff. 7/1/2019.

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

Acts 1993, No. 991, § 2; 1995, No. 658, § 1; 1999, No. 1164, § 116.
Ark. Code Ann. § 8-9-601 — AR Code / Title 8 / Chapter 9 / Subchapter 6 / Section 8-9-601
Title
Status: in_force

This subchapter shall be known and may be cited as the "Mercury Switch Removal Act of 2005". Acts 2005, No. 649, § 1.

This subchapter shall be known and may be cited as the "Mercury Switch Removal Act of 2005".

Acts 2005, No. 649, § 1.
Ark. Code Ann. § 8-9-408 — AR Code / Title 8 / Chapter 9 / Subchapter 4 / Section 8-9-408
Accountability requirements for used tire programs - Business plans
Status: in_force

(a) On or before December 31, 2017, a used tire program that receives funding under this subchapter shall provide the Arkansas Department of Environmental Quality, now the Division of Environmental Quality, with a business plan that establishes its current operating plan and a proposed operating plan for calendar year 2018 and approved by its board. (b) The minimum required information for the business plan is: (1) Current operation information to include: (A) An explanation of debt and debt repayment obligations, including scheduled payments; (B) A description of equipment used, including type, year manufactured, debt obligations related to the equipment, and whether it is leased or owned; (C) An explanation of contract obligations including the amount, length, and scope of the contract; (D) A description of how tires are managed, to include without limitation collection, transportation, and disposal or recycling; (E) An explanation of costs, including the cost of tire collection centers, other collection facilities, trailers, transfer stations, processing, mileage, fuel, and personnel; and (F) The number of tires currently on any property owned, leased, or otherwise controlled by each regional solid waste management district included in the used tire program; and (2) Proposed operation costs for calendar year 2018, to include: (A) A description of how tires will be managed, to include without limitation collection, storage, transportation, and disposal or recycling; (B) Estimated cost of utilities, personnel, equipment, fees, leases, facilities, and any other costs related to the primary operation of the used tire program; (C) The capital improvement and maintenance plan with estimated expenditures and costs; (D) The estimated transportation cost including mileage, fuel, equipment, personnel, utilities, insurance, bonds, and fees; (E) The locations of all tire collection centers; and (F) The types of tires managed, to include recyclable tires, waste tires, and used tires culled for resale. (c) A used tire program shall submit a revised business plan if there is a substantial change in the used tire program operations or if the division requests a revised business plan. (d) A business plan or revised business plan submitted under this subchapter is effective after approval by the division or its designee. (e) (1) The approved business plan or approved revised business plan shall include the approved business plan rates for each used tire program. (2) (A) The division shall cooperate with the used tire programs and other entities to develop each used tire program's approved business plan rates for recyclable tires and waste tires. (B) The approved business plan rates shall also use the size of a tire, including without limitation small tires, large tires, and extra-large tires, as a factor for determining the approved business plan rates. (f) A business plan or revised business plan that results in a business plan rate increase is subject to review by the Legislative Council. Amended by Act 2023, No. 713,§ 5, eff. 4/11/2023. Amended by Act 2019, No. 910,§ 2885, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2884, eff. 7/1/2019. Added by Act 2017, No. 317,§ 1, eff. 8/1/2017.

(a) On or before December 31, 2017, a used tire program that receives funding under this subchapter shall provide the Arkansas Department of Environmental Quality, now the Division of Environmental Quality, with a business plan that establishes its current operating plan and a proposed operating plan for calendar year 2018 and approved by its board.

(b) The minimum required information for the business plan is: (1) Current operation information to include: (A) An explanation of debt and debt repayment obligations, including scheduled payments; (B) A description of equipment used, including type, year manufactured, debt obligations related to the equipment, and whether it is leased or owned; (C) An explanation of contract obligations including the amount, length, and scope of the contract; (D) A description of how tires are managed, to include without limitation collection, transportation, and disposal or recycling; (E) An explanation of costs, including the cost of tire collection centers, other collection facilities, trailers, transfer stations, processing, mileage, fuel, and personnel; and (F) The number of tires currently on any property owned, leased, or otherwise controlled by each regional solid waste management district included in the used tire program; and (2) Proposed operation costs for calendar year 2018, to include: (A) A description of how tires will be managed, to include without limitation collection, storage, transportation, and disposal or recycling; (B) Estimated cost of utilities, personnel, equipment, fees, leases, facilities, and any other costs related to the primary operation of the used tire program; (C) The capital improvement and maintenance plan with estimated expenditures and costs; (D) The estimated transportation cost including mileage, fuel, equipment, personnel, utilities, insurance, bonds, and fees; (E) The locations of all tire collection centers; and (F) The types of tires managed, to include recyclable tires, waste tires, and used tires culled for resale.

(1) Current operation information to include: (A) An explanation of debt and debt repayment obligations, including scheduled payments; (B) A description of equipment used, including type, year manufactured, debt obligations related to the equipment, and whether it is leased or owned; (C) An explanation of contract obligations including the amount, length, and scope of the contract; (D) A description of how tires are managed, to include without limitation collection, transportation, and disposal or recycling; (E) An explanation of costs, including the cost of tire collection centers, other collection facilities, trailers, transfer stations, processing, mileage, fuel, and personnel; and (F) The number of tires currently on any property owned, leased, or otherwise controlled by each regional solid waste management district included in the used tire program; and

(A) An explanation of debt and debt repayment obligations, including scheduled payments;

(B) A description of equipment used, including type, year manufactured, debt obligations related to the equipment, and whether it is leased or owned;

(C) An explanation of contract obligations including the amount, length, and scope of the contract;

(D) A description of how tires are managed, to include without limitation collection, transportation, and disposal or recycling;

(E) An explanation of costs, including the cost of tire collection centers, other collection facilities, trailers, transfer stations, processing, mileage, fuel, and personnel; and

(F) The number of tires currently on any property owned, leased, or otherwise controlled by each regional solid waste management district included in the used tire program; and

(2) Proposed operation costs for calendar year 2018, to include: (A) A description of how tires will be managed, to include without limitation collection, storage, transportation, and disposal or recycling; (B) Estimated cost of utilities, personnel, equipment, fees, leases, facilities, and any other costs related to the primary operation of the used tire program; (C) The capital improvement and maintenance plan with estimated expenditures and costs; (D) The estimated transportation cost including mileage, fuel, equipment, personnel, utilities, insurance, bonds, and fees; (E) The locations of all tire collection centers; and (F) The types of tires managed, to include recyclable tires, waste tires, and used tires culled for resale.

(A) A description of how tires will be managed, to include without limitation collection, storage, transportation, and disposal or recycling;

(B) Estimated cost of utilities, personnel, equipment, fees, leases, facilities, and any other costs related to the primary operation of the used tire program;

(C) The capital improvement and maintenance plan with estimated expenditures and costs;

(D) The estimated transportation cost including mileage, fuel, equipment, personnel, utilities, insurance, bonds, and fees;

(E) The locations of all tire collection centers; and

(F) The types of tires managed, to include recyclable tires, waste tires, and used tires culled for resale.

(c) A used tire program shall submit a revised business plan if there is a substantial change in the used tire program operations or if the division requests a revised business plan.

(d) A business plan or revised business plan submitted under this subchapter is effective after approval by the division or its designee.

(e) (1) The approved business plan or approved revised business plan shall include the approved business plan rates for each used tire program. (2) (A) The division shall cooperate with the used tire programs and other entities to develop each used tire program's approved business plan rates for recyclable tires and waste tires. (B) The approved business plan rates shall also use the size of a tire, including without limitation small tires, large tires, and extra-large tires, as a factor for determining the approved business plan rates.

(1) The approved business plan or approved revised business plan shall include the approved business plan rates for each used tire program.

(2) (A) The division shall cooperate with the used tire programs and other entities to develop each used tire program's approved business plan rates for recyclable tires and waste tires. (B) The approved business plan rates shall also use the size of a tire, including without limitation small tires, large tires, and extra-large tires, as a factor for determining the approved business plan rates.

(A) The division shall cooperate with the used tire programs and other entities to develop each used tire program's approved business plan rates for recyclable tires and waste tires.

(B) The approved business plan rates shall also use the size of a tire, including without limitation small tires, large tires, and extra-large tires, as a factor for determining the approved business plan rates.

(f) A business plan or revised business plan that results in a business plan rate increase is subject to review by the Legislative Council.

Amended by Act 2023, No. 713,§ 5, eff. 4/11/2023.

Amended by Act 2019, No. 910,§ 2885, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2884, eff. 7/1/2019.

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