Ark. Code Ann. § 8-1-203 — AR Code / Title 8 / Chapter 1 / Subchapter 2 / Section 8-1-203
Powers and responsibilities of the Arkansas Pollution Control and Ecology Commission
Status: in_force

(a) The Arkansas Pollution Control and Ecology Commission shall meet regularly in publicly noticed open meetings to discuss and rule upon matters of environmental concern. (b) The commission's powers and duties shall be as follows: (1) (A) Promulgation of rules implementing the substantive statutes charged to the Division of Environmental Quality for administration. (B) In promulgation of such rules, prior to the submittal to public comment and review of any rule or change to any rule that is more stringent than the federal requirements, the commission shall duly consider the economic impact and the environmental benefit of such rule on the people of the State of Arkansas, including those entities that will be subject to the rule. (C) The commission shall promptly initiate rulemaking proceedings to further implement the analysis required under subdivision (b)(1)(B) of this section. (D) The extent of the analysis required under subdivision (b)(1)(B) of this section shall be defined in the commission's rulemaking required under subdivision (b)(1)(C) of this section. It will include a written report which shall be available for public review along with the proposed rule in the public comment period. (E) Upon completion of the public comment period, the commission shall compile a rulemaking record or response to comments demonstrating a reasoned evaluation of the relative impact and benefits of the more stringent rule; (2) Promulgation of rules and procedures not otherwise governed by applicable law that the commission deems necessary to secure public participation in environmental decision-making processes; (3) Promulgation of rules governing administrative procedures for challenging or contesting division actions; (4) In the case of permitting or grants decisions, providing the right to appeal a permitting or grants decision rendered by the Director of the Division of Environmental Quality or his or her delegatee; (5) In the case of an administrative enforcement or emergency action, providing the right to contest any such action initiated by the director; (6) Instruct the director to prepare such reports or perform such studies as will advance the cause of environmental protection in the state; (7) Make recommendations to the director regarding overall policy and administration of the division. However, the director shall always remain within the plenary authority of the Governor; and (8) Upon a majority vote, initiate review of any director's decision. (c) (1) (A) In providing for adjudicatory review as contemplated by subdivisions (b)(4) and (5) of this section, the commission may appoint one (1) or more administrative law judges. (B) An administrative law judge shall at all times serve as an agent of the commission. (2) In hearings upon appeals of permitting or grants decisions by the director or contested administrative enforcement or emergency actions initiated by the director, the administrative law judge shall administer the hearing in accordance with procedures adopted by the commission and, after due deliberation, submit his or her recommended decision to the commission. (3) (A) (i) Commission review of any appealed or contested matter shall be upon the record compiled by the administrative law judge and his or her recommended decision. (ii) Commission review shall be de novo. However, no additional evidence need be received unless the commission so decides in accordance with established administrative procedures. (B) The commission may afford the opportunity for oral argument to all parties of the adjudicatory hearing. (C) (i) By the majority vote of a quorum, the commission may affirm, reverse and dismiss, or reverse and remand to the director. (ii) If the commission votes to affirm or reverse, such decision shall constitute final agency action for purposes of appeal. (4) Any party aggrieved by the commission decision may appeal as provided by applicable law. (d) The Chair of the Arkansas Pollution Control and Ecology Commission may appoint one (1) or more committees composed of commission members to act in an advisory capacity to the full commission. Amended by Act 2019, No. 315,§ 439, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 438, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 437, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2434, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2433, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2432, eff. 7/1/2019. Amended by Act 2015, No. 838,§ 2, eff. 7/22/2015. Amended by Act 2015, No. 838,§ 1, eff. 7/22/2015. Acts 1991, No. 1230, § 1; 1993, No. 163, § 7; 1993, No. 165, § 7; 1993, No. 1264, § 2; 1995, No. 117, § 1.

(a) The Arkansas Pollution Control and Ecology Commission shall meet regularly in publicly noticed open meetings to discuss and rule upon matters of environmental concern.

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

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

(A) Promulgation of rules implementing the substantive statutes charged to the Division of Environmental Quality for administration.

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

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

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

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

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

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

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

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

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

(7) Make recommendations to the director regarding overall policy and administration of the division. However, the director shall always remain within the plenary authority of the Governor; and

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

(c) (1) (A) In providing for adjudicatory review as contemplated by subdivisions (b)(4) and (5) of this section, the commission may appoint one (1) or more administrative law judges. (B) An administrative law judge shall at all times serve as an agent of the commission. (2) In hearings upon appeals of permitting or grants decisions by the director or contested administrative enforcement or emergency actions initiated by the director, the administrative law judge shall administer the hearing in accordance with procedures adopted by the commission and, after due deliberation, submit his or her recommended decision to the commission. (3) (A) (i) Commission review of any appealed or contested matter shall be upon the record compiled by the administrative law judge and his or her recommended decision. (ii) Commission review shall be de novo. However, no additional evidence need be received unless the commission so decides in accordance with established administrative procedures. (B) The commission may afford the opportunity for oral argument to all parties of the adjudicatory hearing. (C) (i) By the majority vote of a quorum, the commission may affirm, reverse and dismiss, or reverse and remand to the director. (ii) If the commission votes to affirm or reverse, such decision shall constitute final agency action for purposes of appeal. (4) Any party aggrieved by the commission decision may appeal as provided by applicable law.

(1) (A) In providing for adjudicatory review as contemplated by subdivisions (b)(4) and (5) of this section, the commission may appoint one (1) or more administrative law judges. (B) An administrative law judge shall at all times serve as an agent of the commission.

(A) In providing for adjudicatory review as contemplated by subdivisions (b)(4) and (5) of this section, the commission may appoint one (1) or more administrative law judges.

(B) An administrative law judge shall at all times serve as an agent of the commission.

(2) In hearings upon appeals of permitting or grants decisions by the director or contested administrative enforcement or emergency actions initiated by the director, the administrative law judge shall administer the hearing in accordance with procedures adopted by the commission and, after due deliberation, submit his or her recommended decision to the commission.

(3) (A) (i) Commission review of any appealed or contested matter shall be upon the record compiled by the administrative law judge and his or her recommended decision. (ii) Commission review shall be de novo. However, no additional evidence need be received unless the commission so decides in accordance with established administrative procedures. (B) The commission may afford the opportunity for oral argument to all parties of the adjudicatory hearing. (C) (i) By the majority vote of a quorum, the commission may affirm, reverse and dismiss, or reverse and remand to the director. (ii) If the commission votes to affirm or reverse, such decision shall constitute final agency action for purposes of appeal.

(A) (i) Commission review of any appealed or contested matter shall be upon the record compiled by the administrative law judge and his or her recommended decision. (ii) Commission review shall be de novo. However, no additional evidence need be received unless the commission so decides in accordance with established administrative procedures.

(i) Commission review of any appealed or contested matter shall be upon the record compiled by the administrative law judge and his or her recommended decision.

(ii) Commission review shall be de novo. However, no additional evidence need be received unless the commission so decides in accordance with established administrative procedures.

(B) The commission may afford the opportunity for oral argument to all parties of the adjudicatory hearing.

(C) (i) By the majority vote of a quorum, the commission may affirm, reverse and dismiss, or reverse and remand to the director. (ii) If the commission votes to affirm or reverse, such decision shall constitute final agency action for purposes of appeal.

(i) By the majority vote of a quorum, the commission may affirm, reverse and dismiss, or reverse and remand to the director.

(ii) If the commission votes to affirm or reverse, such decision shall constitute final agency action for purposes of appeal.

(4) Any party aggrieved by the commission decision may appeal as provided by applicable law.

(d) The Chair of the Arkansas Pollution Control and Ecology Commission may appoint one (1) or more committees composed of commission members to act in an advisory capacity to the full commission.

Amended by Act 2019, No. 315,§ 439, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 438, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 437, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2434, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2433, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2432, eff. 7/1/2019.

Amended by Act 2015, No. 838,§ 2, eff. 7/22/2015.

Amended by Act 2015, No. 838,§ 1, eff. 7/22/2015.

Acts 1991, No. 1230, § 1; 1993, No. 163, § 7; 1993, No. 165, § 7; 1993, No. 1264, § 2; 1995, No. 117, § 1.
Ark. Code Ann. § 8-6-1207 — AR Code / Title 8 / Chapter 6 / Subchapter 12 / Section 8-6-1207
Penalties
Status: in_force

Any person who violates the provisions of this subchapter shall be subject to the civil penalties prescribed in § 8-6-204 . Acts 1991, No. 1183, § 7.

Any person who violates the provisions of this subchapter shall be subject to the civil penalties prescribed in § 8-6-204 .

Acts 1991, No. 1183, § 7.
Ark. Code Ann. § 8-6-2012 — AR Code / Title 8 / Chapter 6 / Subchapter 20 / Section 8-6-2012
Issuing an environmental citation
Status: in_force

(a) An environmental officer shall use the uniform environmental citation form referenced in § 8-6-2009 to issue a citation for an alleged environmental violation under this chapter. (b) An environmental officer may issue a citation for an alleged environmental violation committed within the territorial jurisdiction of the environmental officer's employer. Amended by Act 2021, No. 749,§ 7, eff. 7/28/2021. Added by Act 2019, No. 1067,§ 1, eff. 7/24/2019.

(a) An environmental officer shall use the uniform environmental citation form referenced in § 8-6-2009 to issue a citation for an alleged environmental violation under this chapter.

(b) An environmental officer may issue a citation for an alleged environmental violation committed within the territorial jurisdiction of the environmental officer's employer.

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

Added by Act 2019, No. 1067,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 8-10-305 — AR Code / Title 8 / Chapter 10 / Subchapter 3 / Section 8-10-305
Motor vehicle racing facilities in certain rural locations - Definition
Status: in_force

(a) As used in this section, "motor vehicle racing facility" means any facility designed and used for competitive racing by automobiles or trucks that are modified for racing. (b) Sections 8-10-302 - 8-10-304 do not apply to a new motor vehicle racing facility constructed and initially permitted after August 31, 2021, and located: (1) In an unincorporated area or town that is one (1) mile or more from the boundary of a city of the first class or city of the second class; or (2) (A) If subject to subdivision (b)(1) of this section, in an area in which the mayor of the city of the first class or city of the second class provides a written waiver to subdivision (b)(1) of this section. (B) If the area involves more than one (1) city of the first class or city of the second class, a written waiver under subdivision (b)(2)(A) of this section from the mayors of each city involved is required. (c) (1) A person proposing to construct a motor vehicle racing facility under subsection (b) of this section may apply to the county judge for issuance of a motor vehicle racing facility permit by filing a permit application with the county clerk that shall contain a written proposal for the motor vehicle racing facility that includes: (A) A description of the types of motor vehicles proposed for racing at the motor vehicle racing facility; (B) The maximum projected noise level of the motor vehicles proposed for racing at the motor vehicle racing facility; (C) A description of the kinds of races and the types of buildings, stands, or other physical plants proposed for the motor vehicle racing facility; (D) Estimates of traffic counts and numbers of spectators at the proposed motor vehicle racing facility; and (E) Any other relevant information as may be determined necessary for the motor vehicle racing facility permit application by the county judge, including without limitation the hours of operation, an assurance of liability insurance, and other information related to operation of the motor vehicle racing facility. (2) For the initial permit application for a new motor vehicle racing facility to be constructed, the applicant shall provide sufficient information on the environmental impact of the proposed motor vehicle racing facility. (3) (A) The county judge shall set a date for a public hearing to be held on the proposed motor vehicle racing facility permit that shall not be fewer than thirty (30) days after the filing of the initial motor vehicle racing facility permit application. (B) (i) Notice of the public hearing under subdivision (c)(3)(A) of this section shall be placed on the county-owned or affiliated website or published through other means as directed by the county judge at the expense of the applicant. (ii) The public hearing under subdivision (c)(3)(A) of this section for the initial motor vehicle racing facility permit may be adjourned and continued if necessary. (C) The county judge may hold public hearings for the renewal of a motor vehicle racing facility permit as necessary. (D) Any interested persons may appear at a public hearing under this subdivision (c)(3) and contest the granting of an approval or renewal of a motor vehicle racing facility permit. (4) Affidavits in support of or against the proposed motor vehicle racing facility or the renewal of a motor vehicle racing facility permit may be prepared and submitted and filed with the county clerk to be provided to the county judge for consideration during the public hearing. (d) (1) After the public hearing for the initial motor vehicle racing facility permit or upon application for the annual renewal of the motor vehicle racing facility permit, if the county judge is satisfied that the benefits of the motor vehicle racing facility are sustained by proof and outweigh the impact of the noise, air pollution, and traffic congestion caused by the motor vehicle racing facility, then the county judge may: (A) Grant the initial motor vehicle racing facility permit approving the proposed motor vehicle racing facility; or (B) Renew the motor vehicle racing facility permit. (2) The county judge may deny the renewal of a motor vehicle racing facility permit if the motor vehicle racing facility is: (A) Determined to be in violation of any standards under which the motor vehicle racing facility permit was issued; or (B) Constructed or is being operated in a manner that is materially different than was represented during the initial application process. (e) If any material changes, additions, or improvements are made to the motor vehicle racing facility, the motor vehicle racing facility permit shall be amended accordingly, and the county judge may reconsider the approval of the motor vehicle racing facility permit. (f) A motor vehicle racing facility permit issued under this section shall be renewed annually. (g) The county judge may issue any necessary requirements and procedures to implement this section, including setting a motor vehicle racing facility permit fee to recover the cost of issuing a motor vehicle racing facility permit. (h) Due to the noise pollution and air pollution from the motor vehicles and traffic congestion caused by motor vehicle racing facilities, a motor vehicle racing facility shall not be permitted or constructed under this section within one (1) mile of the boundary of another county. Added by Act 2021, No. 520,§ 1, eff. 7/28/2021.

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

(b) Sections 8-10-302 - 8-10-304 do not apply to a new motor vehicle racing facility constructed and initially permitted after August 31, 2021, and located: (1) In an unincorporated area or town that is one (1) mile or more from the boundary of a city of the first class or city of the second class; or (2) (A) If subject to subdivision (b)(1) of this section, in an area in which the mayor of the city of the first class or city of the second class provides a written waiver to subdivision (b)(1) of this section. (B) If the area involves more than one (1) city of the first class or city of the second class, a written waiver under subdivision (b)(2)(A) of this section from the mayors of each city involved is required.

(1) In an unincorporated area or town that is one (1) mile or more from the boundary of a city of the first class or city of the second class; or

(2) (A) If subject to subdivision (b)(1) of this section, in an area in which the mayor of the city of the first class or city of the second class provides a written waiver to subdivision (b)(1) of this section. (B) If the area involves more than one (1) city of the first class or city of the second class, a written waiver under subdivision (b)(2)(A) of this section from the mayors of each city involved is required.

(A) If subject to subdivision (b)(1) of this section, in an area in which the mayor of the city of the first class or city of the second class provides a written waiver to subdivision (b)(1) of this section.

(B) If the area involves more than one (1) city of the first class or city of the second class, a written waiver under subdivision (b)(2)(A) of this section from the mayors of each city involved is required.

(c) (1) A person proposing to construct a motor vehicle racing facility under subsection (b) of this section may apply to the county judge for issuance of a motor vehicle racing facility permit by filing a permit application with the county clerk that shall contain a written proposal for the motor vehicle racing facility that includes: (A) A description of the types of motor vehicles proposed for racing at the motor vehicle racing facility; (B) The maximum projected noise level of the motor vehicles proposed for racing at the motor vehicle racing facility; (C) A description of the kinds of races and the types of buildings, stands, or other physical plants proposed for the motor vehicle racing facility; (D) Estimates of traffic counts and numbers of spectators at the proposed motor vehicle racing facility; and (E) Any other relevant information as may be determined necessary for the motor vehicle racing facility permit application by the county judge, including without limitation the hours of operation, an assurance of liability insurance, and other information related to operation of the motor vehicle racing facility. (2) For the initial permit application for a new motor vehicle racing facility to be constructed, the applicant shall provide sufficient information on the environmental impact of the proposed motor vehicle racing facility. (3) (A) The county judge shall set a date for a public hearing to be held on the proposed motor vehicle racing facility permit that shall not be fewer than thirty (30) days after the filing of the initial motor vehicle racing facility permit application. (B) (i) Notice of the public hearing under subdivision (c)(3)(A) of this section shall be placed on the county-owned or affiliated website or published through other means as directed by the county judge at the expense of the applicant. (ii) The public hearing under subdivision (c)(3)(A) of this section for the initial motor vehicle racing facility permit may be adjourned and continued if necessary. (C) The county judge may hold public hearings for the renewal of a motor vehicle racing facility permit as necessary. (D) Any interested persons may appear at a public hearing under this subdivision (c)(3) and contest the granting of an approval or renewal of a motor vehicle racing facility permit. (4) Affidavits in support of or against the proposed motor vehicle racing facility or the renewal of a motor vehicle racing facility permit may be prepared and submitted and filed with the county clerk to be provided to the county judge for consideration during the public hearing.

(1) A person proposing to construct a motor vehicle racing facility under subsection (b) of this section may apply to the county judge for issuance of a motor vehicle racing facility permit by filing a permit application with the county clerk that shall contain a written proposal for the motor vehicle racing facility that includes: (A) A description of the types of motor vehicles proposed for racing at the motor vehicle racing facility; (B) The maximum projected noise level of the motor vehicles proposed for racing at the motor vehicle racing facility; (C) A description of the kinds of races and the types of buildings, stands, or other physical plants proposed for the motor vehicle racing facility; (D) Estimates of traffic counts and numbers of spectators at the proposed motor vehicle racing facility; and (E) Any other relevant information as may be determined necessary for the motor vehicle racing facility permit application by the county judge, including without limitation the hours of operation, an assurance of liability insurance, and other information related to operation of the motor vehicle racing facility.

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

(B) The maximum projected noise level of the motor vehicles proposed for racing at the motor vehicle racing facility;

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

(D) Estimates of traffic counts and numbers of spectators at the proposed motor vehicle racing facility; and

(E) Any other relevant information as may be determined necessary for the motor vehicle racing facility permit application by the county judge, including without limitation the hours of operation, an assurance of liability insurance, and other information related to operation of the motor vehicle racing facility.

(2) For the initial permit application for a new motor vehicle racing facility to be constructed, the applicant shall provide sufficient information on the environmental impact of the proposed motor vehicle racing facility.

(3) (A) The county judge shall set a date for a public hearing to be held on the proposed motor vehicle racing facility permit that shall not be fewer than thirty (30) days after the filing of the initial motor vehicle racing facility permit application. (B) (i) Notice of the public hearing under subdivision (c)(3)(A) of this section shall be placed on the county-owned or affiliated website or published through other means as directed by the county judge at the expense of the applicant. (ii) The public hearing under subdivision (c)(3)(A) of this section for the initial motor vehicle racing facility permit may be adjourned and continued if necessary. (C) The county judge may hold public hearings for the renewal of a motor vehicle racing facility permit as necessary. (D) Any interested persons may appear at a public hearing under this subdivision (c)(3) and contest the granting of an approval or renewal of a motor vehicle racing facility permit.

(A) The county judge shall set a date for a public hearing to be held on the proposed motor vehicle racing facility permit that shall not be fewer than thirty (30) days after the filing of the initial motor vehicle racing facility permit application.

(B) (i) Notice of the public hearing under subdivision (c)(3)(A) of this section shall be placed on the county-owned or affiliated website or published through other means as directed by the county judge at the expense of the applicant. (ii) The public hearing under subdivision (c)(3)(A) of this section for the initial motor vehicle racing facility permit may be adjourned and continued if necessary.

(i) Notice of the public hearing under subdivision (c)(3)(A) of this section shall be placed on the county-owned or affiliated website or published through other means as directed by the county judge at the expense of the applicant.

(ii) The public hearing under subdivision (c)(3)(A) of this section for the initial motor vehicle racing facility permit may be adjourned and continued if necessary.

(C) The county judge may hold public hearings for the renewal of a motor vehicle racing facility permit as necessary.

(D) Any interested persons may appear at a public hearing under this subdivision (c)(3) and contest the granting of an approval or renewal of a motor vehicle racing facility permit.

(4) Affidavits in support of or against the proposed motor vehicle racing facility or the renewal of a motor vehicle racing facility permit may be prepared and submitted and filed with the county clerk to be provided to the county judge for consideration during the public hearing.

(d) (1) After the public hearing for the initial motor vehicle racing facility permit or upon application for the annual renewal of the motor vehicle racing facility permit, if the county judge is satisfied that the benefits of the motor vehicle racing facility are sustained by proof and outweigh the impact of the noise, air pollution, and traffic congestion caused by the motor vehicle racing facility, then the county judge may: (A) Grant the initial motor vehicle racing facility permit approving the proposed motor vehicle racing facility; or (B) Renew the motor vehicle racing facility permit. (2) The county judge may deny the renewal of a motor vehicle racing facility permit if the motor vehicle racing facility is: (A) Determined to be in violation of any standards under which the motor vehicle racing facility permit was issued; or (B) Constructed or is being operated in a manner that is materially different than was represented during the initial application process.

(1) After the public hearing for the initial motor vehicle racing facility permit or upon application for the annual renewal of the motor vehicle racing facility permit, if the county judge is satisfied that the benefits of the motor vehicle racing facility are sustained by proof and outweigh the impact of the noise, air pollution, and traffic congestion caused by the motor vehicle racing facility, then the county judge may: (A) Grant the initial motor vehicle racing facility permit approving the proposed motor vehicle racing facility; or (B) Renew the motor vehicle racing facility permit.

(A) Grant the initial motor vehicle racing facility permit approving the proposed motor vehicle racing facility; or

(B) Renew the motor vehicle racing facility permit.

(2) The county judge may deny the renewal of a motor vehicle racing facility permit if the motor vehicle racing facility is: (A) Determined to be in violation of any standards under which the motor vehicle racing facility permit was issued; or (B) Constructed or is being operated in a manner that is materially different than was represented during the initial application process.

(A) Determined to be in violation of any standards under which the motor vehicle racing facility permit was issued; or

(B) Constructed or is being operated in a manner that is materially different than was represented during the initial application process.

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

(f) A motor vehicle racing facility permit issued under this section shall be renewed annually.

(g) The county judge may issue any necessary requirements and procedures to implement this section, including setting a motor vehicle racing facility permit fee to recover the cost of issuing a motor vehicle racing facility permit.

(h) Due to the noise pollution and air pollution from the motor vehicles and traffic congestion caused by motor vehicle racing facilities, a motor vehicle racing facility shall not be permitted or constructed under this section within one (1) mile of the boundary of another county.

Added by Act 2021, No. 520,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 8-7-521 — AR Code / Title 8 / Chapter 7 / Subchapter 5 / Section 8-7-521
Site access for remedial or removal action
Status: in_force

(a) For purposes of responding to an administrative or judicial order or settlement entered pursuant to § 8-7-508 , the owner or the operator of a facility that is a hazardous substance site, or any person who otherwise controls access to such a facility, shall provide access to the Division of Environmental Quality, any employee of the division, or any other person, duly designated by the Director of the Division of Environmental Quality, who undertakes such activities as are required to carry out the terms of the order or settlement. (b) Any person who impedes or interferes with a person who is entitled to site access for the purpose of conducting remedial action or removal action at a hazardous substance site pursuant to the terms of an administrative or judicial order or settlement may be assessed a civil penalty by the division in an administrative proceeding or by the court in a judicial proceeding for a site access injunction of up to ten thousand dollars ($10,000) per day that site access is impeded. (c) Any person who knowingly impedes or interferes with a person who is entitled to site access for the purpose of conducting remedial action or removal action at a hazardous substance site pursuant to the terms of an administrative or judicial order or settlement shall be guilty of a misdemeanor, punishable by a fine of up to one thousand dollars ($1,000) or imprisonment for up to one (1) year, or both. Amended by Act 2019, No. 910,§ 2775, eff. 7/1/2019. Acts 1989, No. 441, § 3; 2005, No. 1824, § 16.

(a) For purposes of responding to an administrative or judicial order or settlement entered pursuant to § 8-7-508 , the owner or the operator of a facility that is a hazardous substance site, or any person who otherwise controls access to such a facility, shall provide access to the Division of Environmental Quality, any employee of the division, or any other person, duly designated by the Director of the Division of Environmental Quality, who undertakes such activities as are required to carry out the terms of the order or settlement.

(b) Any person who impedes or interferes with a person who is entitled to site access for the purpose of conducting remedial action or removal action at a hazardous substance site pursuant to the terms of an administrative or judicial order or settlement may be assessed a civil penalty by the division in an administrative proceeding or by the court in a judicial proceeding for a site access injunction of up to ten thousand dollars ($10,000) per day that site access is impeded.

(c) Any person who knowingly impedes or interferes with a person who is entitled to site access for the purpose of conducting remedial action or removal action at a hazardous substance site pursuant to the terms of an administrative or judicial order or settlement shall be guilty of a misdemeanor, punishable by a fine of up to one thousand dollars ($1,000) or imprisonment for up to one (1) year, or both.

Amended by Act 2019, No. 910,§ 2775, eff. 7/1/2019.

Acts 1989, No. 441, § 3; 2005, No. 1824, § 16.
Ark. Code Ann. § 8-7-1012 — AR Code / Title 8 / Chapter 7 / Subchapter 10 / Section 8-7-1012
Trade secrets
Status: in_force

(a) A public employer may withhold the specific chemical identity, including the chemical name and other specific identification of a hazardous chemical, from a material safety data sheet or workplace chemical list only if all the following conditions are met: (1) The claim that the information indicates that the specific chemical identity is being withheld as a trade secret; (2) The material safety data sheet or the chemical indicates that the specific chemical identity is being withheld as a trade secret; (3) All information contained in the material safety data sheet concerning the properties and effects of the hazardous chemical is disclosed; and (4) The specific chemical identity is made available to health professionals, employees, and their designated representatives under the same conditions as are set out in the Hazard Communication Standard, 29 C.F.R. § 1910.1200(i)(2)-(7) , provided, the information disclosable to the United States Occupational Safety and Health Administration under the Hazard Communication Standard shall also be disclosable to the Director of the Division of Labor. (b) The director, upon his or her initiative or upon request by a public employee, designated representative, or public employer, shall request any or all of the data substantiating the trade secret claim to determine whether the claim is valid. The director shall protect from disclosure all information coming into his or her possession that is marked as confidential and shall return all information so marked at the conclusion of his or her determination. (c) Any information marked confidential pursuant to subsection (b) of this section shall not be disclosed during any administrative or judicial proceeding held pursuant to this section. Administrative hearings held pursuant to this section shall not be open to the public, but otherwise shall be held in a manner consistent with that provided for in the Arkansas Administrative Procedure Act, § 25-15-201 et seq., for hearings in contested cases. The proponent of disclosure shall also have the right to be heard. (d) No employee of the State of Arkansas shall disclose any information designated as a trade secret other than within the provisions of this subchapter. (e) Nothing in this section shall be construed as requiring the disclosure under any circumstances of process or percentages of mixture information that is a trade secret. Amended by Act 2019, No. 910,§ 5275, eff. 7/1/2019. Acts 1991, No. 556, § 12; 1991, No. 1172, § 12.

(a) A public employer may withhold the specific chemical identity, including the chemical name and other specific identification of a hazardous chemical, from a material safety data sheet or workplace chemical list only if all the following conditions are met: (1) The claim that the information indicates that the specific chemical identity is being withheld as a trade secret; (2) The material safety data sheet or the chemical indicates that the specific chemical identity is being withheld as a trade secret; (3) All information contained in the material safety data sheet concerning the properties and effects of the hazardous chemical is disclosed; and (4) The specific chemical identity is made available to health professionals, employees, and their designated representatives under the same conditions as are set out in the Hazard Communication Standard, 29 C.F.R. § 1910.1200(i)(2)-(7) , provided, the information disclosable to the United States Occupational Safety and Health Administration under the Hazard Communication Standard shall also be disclosable to the Director of the Division of Labor.

(1) The claim that the information indicates that the specific chemical identity is being withheld as a trade secret;

(2) The material safety data sheet or the chemical indicates that the specific chemical identity is being withheld as a trade secret;

(3) All information contained in the material safety data sheet concerning the properties and effects of the hazardous chemical is disclosed; and

(4) The specific chemical identity is made available to health professionals, employees, and their designated representatives under the same conditions as are set out in the Hazard Communication Standard, 29 C.F.R. § 1910.1200(i)(2)-(7) , provided, the information disclosable to the United States Occupational Safety and Health Administration under the Hazard Communication Standard shall also be disclosable to the Director of the Division of Labor.

(b) The director, upon his or her initiative or upon request by a public employee, designated representative, or public employer, shall request any or all of the data substantiating the trade secret claim to determine whether the claim is valid. The director shall protect from disclosure all information coming into his or her possession that is marked as confidential and shall return all information so marked at the conclusion of his or her determination.

(c) Any information marked confidential pursuant to subsection (b) of this section shall not be disclosed during any administrative or judicial proceeding held pursuant to this section. Administrative hearings held pursuant to this section shall not be open to the public, but otherwise shall be held in a manner consistent with that provided for in the Arkansas Administrative Procedure Act, § 25-15-201 et seq., for hearings in contested cases. The proponent of disclosure shall also have the right to be heard.

(d) No employee of the State of Arkansas shall disclose any information designated as a trade secret other than within the provisions of this subchapter.

(e) Nothing in this section shall be construed as requiring the disclosure under any circumstances of process or percentages of mixture information that is a trade secret.

Amended by Act 2019, No. 910,§ 5275, eff. 7/1/2019.

Acts 1991, No. 556, § 12; 1991, No. 1172, § 12.
Ark. Code Ann. § 8-5-902 — AR Code / Title 8 / Chapter 5 / Subchapter 9 / Section 8-5-902
Definitions and applicability
Status: in_force

As used in this subchapter: (1) "Commission" means the Arkansas Pollution Control and Ecology Commission; (2) "Long-term improvement project" or "project" means any remediation or reclamation project at closed or abandoned: (A) Mineral extraction sites; (B) Solid waste management units as defined pursuant to the Arkansas Hazardous Waste Management Act of 1979, § 8-7-201 et seq.; (C) Oil and gas extraction sites; (D) Brownfield sites as defined in Acts 1995, No. 125, or as may be amended; and (E) Hazardous substance sites listed on the National Priorities List, 42 U.S.C. § 9605 , or state priority list, § 8-7-509(f) , or as may be amended; and (3) "Water quality standard" means standards developed through administrative rulemaking by the commission. Amended by Act 2019, No. 910,§ 2585, eff. 7/1/2019. Amended by Act 2013, No. 1127,§ 4, eff. 8/16/2013. Acts 1997, No. 401, § 2; 1999, No. 1164, § 60.

As used in this subchapter:

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

(2) "Long-term improvement project" or "project" means any remediation or reclamation project at closed or abandoned: (A) Mineral extraction sites; (B) Solid waste management units as defined pursuant to the Arkansas Hazardous Waste Management Act of 1979, § 8-7-201 et seq.; (C) Oil and gas extraction sites; (D) Brownfield sites as defined in Acts 1995, No. 125, or as may be amended; and (E) Hazardous substance sites listed on the National Priorities List, 42 U.S.C. § 9605 , or state priority list, § 8-7-509(f) , or as may be amended; and

(A) Mineral extraction sites;

(B) Solid waste management units as defined pursuant to the Arkansas Hazardous Waste Management Act of 1979, § 8-7-201 et seq.;

(C) Oil and gas extraction sites;

(D) Brownfield sites as defined in Acts 1995, No. 125, or as may be amended; and

(E) Hazardous substance sites listed on the National Priorities List, 42 U.S.C. § 9605 , or state priority list, § 8-7-509(f) , or as may be amended; and

(3) "Water quality standard" means standards developed through administrative rulemaking by the commission.

Amended by Act 2019, No. 910,§ 2585, eff. 7/1/2019.

Amended by Act 2013, No. 1127,§ 4, eff. 8/16/2013.

Acts 1997, No. 401, § 2; 1999, No. 1164, § 60.
Ark. Code Ann. § 8-5-610 — AR Code / Title 8 / Chapter 5 / Subchapter 6 / Section 8-5-610
Privatization contracts, service agreements, etc. - Exemption from Arkansas Public Service Commission's jurisdiction
Status: in_force

The service agreement, the privatization contract, the charges and rates for sewer or other service, and private owners or operators shall not be subject to Acts 1935, No. 324, as amended, and § 23-4-201 , and shall be exempt from the jurisdiction of the Arkansas Public Service Commission and any other successor regulatory agency. Acts 1985, No. 690, § 5; A.S.A. 1947, § 82-1992.4.

The service agreement, the privatization contract, the charges and rates for sewer or other service, and private owners or operators shall not be subject to Acts 1935, No. 324, as amended, and § 23-4-201 , and shall be exempt from the jurisdiction of the Arkansas Public Service Commission and any other successor regulatory agency.

Acts 1985, No. 690, § 5; A.S.A. 1947, § 82-1992.4.
Ark. Code Ann. § 8-6-209 — AR Code / Title 8 / Chapter 6 / Subchapter 2 / Section 8-6-209
Local standards
Status: in_force

(a) (1) No municipality or county may, by ordinance, resolution, order, or otherwise, adopt standards for the location, design, construction, and maintenance of solid waste disposal sites and facilities that are more restrictive than those adopted by, under, or pursuant to this subchapter or any and all applicable laws, rules, regulations, or orders adopted by state law or incorporated by reference from federal law, the Arkansas Pollution Control and Ecology Commission under the provisions of this subchapter, or the regional solid waste management boards or districts, unless there exists a fully implemented comprehensive area-wide zoning plan, and corresponding laws or ordinances, covering the entire municipality or county. (2) Municipal or county ordinances, resolutions, or orders effective as of the date of the passage of this act and more restrictive than regional or state standards shall remain in full force and effect for a period of six (6) months following the date of the passage of this act. (3) Provided, also, that if a county or municipality adopts a comprehensive area-wide zoning plan and corresponding laws and ordinances covering the entire county or city as referred to in § 8-6-212(e) , the county or city may incorporate existing ordinances, resolutions, or orders in that comprehensive area-wide zoning plan. (4) Otherwise, any and all such standards adopted by a municipality or county must be consistent with, in accordance with, and not more restrictive than said federal, state, and regional laws, rules, regulations, and orders. Any and all such municipalities or county ordinances, resolutions, orders, or standards contrary to this section shall be null, void, and repealed. (b) (1) Subsection (a) of this section shall not apply if a municipality or county, by resolution, requests that the regional solid waste management board or regional solid waste management district for the municipality's or county's region adopt a more restrictive rule, regulation, order, or standard and such board or district either fails to hold a public hearing on the request within sixty (60) days of the request, or, after such public hearing, fails to take any action on the request within ninety (90) days of receipt of the request. (2) If the board or district takes action on the request by approving, modifying, or denying the request within ninety (90) days of its receipt, the municipality or county shall be precluded from adopting and enforcing any more restrictive rule, regulation, order, or standard under subsection (a) of this section. Acts 1971, No. 237, § 12; A.S.A. 1947, § 82-2712; Acts 1993, No. 1280, § 2.

(a) (1) No municipality or county may, by ordinance, resolution, order, or otherwise, adopt standards for the location, design, construction, and maintenance of solid waste disposal sites and facilities that are more restrictive than those adopted by, under, or pursuant to this subchapter or any and all applicable laws, rules, regulations, or orders adopted by state law or incorporated by reference from federal law, the Arkansas Pollution Control and Ecology Commission under the provisions of this subchapter, or the regional solid waste management boards or districts, unless there exists a fully implemented comprehensive area-wide zoning plan, and corresponding laws or ordinances, covering the entire municipality or county. (2) Municipal or county ordinances, resolutions, or orders effective as of the date of the passage of this act and more restrictive than regional or state standards shall remain in full force and effect for a period of six (6) months following the date of the passage of this act. (3) Provided, also, that if a county or municipality adopts a comprehensive area-wide zoning plan and corresponding laws and ordinances covering the entire county or city as referred to in § 8-6-212(e) , the county or city may incorporate existing ordinances, resolutions, or orders in that comprehensive area-wide zoning plan. (4) Otherwise, any and all such standards adopted by a municipality or county must be consistent with, in accordance with, and not more restrictive than said federal, state, and regional laws, rules, regulations, and orders. Any and all such municipalities or county ordinances, resolutions, orders, or standards contrary to this section shall be null, void, and repealed.

(1) No municipality or county may, by ordinance, resolution, order, or otherwise, adopt standards for the location, design, construction, and maintenance of solid waste disposal sites and facilities that are more restrictive than those adopted by, under, or pursuant to this subchapter or any and all applicable laws, rules, regulations, or orders adopted by state law or incorporated by reference from federal law, the Arkansas Pollution Control and Ecology Commission under the provisions of this subchapter, or the regional solid waste management boards or districts, unless there exists a fully implemented comprehensive area-wide zoning plan, and corresponding laws or ordinances, covering the entire municipality or county.

(2) Municipal or county ordinances, resolutions, or orders effective as of the date of the passage of this act and more restrictive than regional or state standards shall remain in full force and effect for a period of six (6) months following the date of the passage of this act.

(3) Provided, also, that if a county or municipality adopts a comprehensive area-wide zoning plan and corresponding laws and ordinances covering the entire county or city as referred to in § 8-6-212(e) , the county or city may incorporate existing ordinances, resolutions, or orders in that comprehensive area-wide zoning plan.

(4) Otherwise, any and all such standards adopted by a municipality or county must be consistent with, in accordance with, and not more restrictive than said federal, state, and regional laws, rules, regulations, and orders. Any and all such municipalities or county ordinances, resolutions, orders, or standards contrary to this section shall be null, void, and repealed.

(b) (1) Subsection (a) of this section shall not apply if a municipality or county, by resolution, requests that the regional solid waste management board or regional solid waste management district for the municipality's or county's region adopt a more restrictive rule, regulation, order, or standard and such board or district either fails to hold a public hearing on the request within sixty (60) days of the request, or, after such public hearing, fails to take any action on the request within ninety (90) days of receipt of the request. (2) If the board or district takes action on the request by approving, modifying, or denying the request within ninety (90) days of its receipt, the municipality or county shall be precluded from adopting and enforcing any more restrictive rule, regulation, order, or standard under subsection (a) of this section.

(1) Subsection (a) of this section shall not apply if a municipality or county, by resolution, requests that the regional solid waste management board or regional solid waste management district for the municipality's or county's region adopt a more restrictive rule, regulation, order, or standard and such board or district either fails to hold a public hearing on the request within sixty (60) days of the request, or, after such public hearing, fails to take any action on the request within ninety (90) days of receipt of the request.

(2) If the board or district takes action on the request by approving, modifying, or denying the request within ninety (90) days of its receipt, the municipality or county shall be precluded from adopting and enforcing any more restrictive rule, regulation, order, or standard under subsection (a) of this section.

Acts 1971, No. 237, § 12; A.S.A. 1947, § 82-2712; Acts 1993, No. 1280, § 2.
Ark. Code Ann. § 8-6-712 — AR Code / Title 8 / Chapter 6 / Subchapter 7 / Section 8-6-712
Regulation of solid waste disposal
Status: in_force

(a) A regional solid waste management district which has an approved solid waste management plan may: (1) (A) Require, by rule or other legal means, that solid waste generated or collected within the boundaries of the district be delivered to a particular project for disposal, treatment, or other handling. (B) Provided, however, that nothing in this section shall be construed as impairing legal and proper contracts existing on March 26, 1991, under the Arkansas Constitution, or the notes or other evidences of indebtedness incurred pursuant to a revenue bond issued or reissued dependent upon a project involving a stated waste stream which is a contractual condition of said indebtedness; (2) Prohibit, by rule or other legal means, the collection of solid waste within the boundaries of the district by persons not properly licensed by the district; (3) (A) Authorize that a city, county, or any person in an adjoining district may deliver solid waste to a designated landfill within the district for disposal, treatment, or other handling. (B) Provided, however, that notice of all such authorizations shall be submitted to the Division of Environmental Quality within thirty (30) days and shall be incorporated into the district's needs assessment in its next regular update; (4) Provide, by rule or other legal means, that no person, other than as may be designated by the district, shall engage in the collection or utilization of solid waste within the district which would be competitive with the purposes or activities of the district; and (5) Covenant in connection with the issuance of bonds, notes, or other evidence of indebtedness to adopt any rule described in subdivisions (a)(1), (a)(2), and (a)(4) of this section and that any rule so adopted shall remain in full force and effect and shall be enforced so long as any bonds, notes, or other evidences of indebtedness remain outstanding. (b) The districts shall issue rules or regulations which are consistent with and in accordance with but no more restrictive than all applicable environmental protection performance standards adopted by state law or incorporated by reference from federal law. (c) (1) Nothing in this section shall prohibit the disposal of solid waste generated by a private industry in a permitted landfill where the 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. (2) This section does not prohibit the collection or disposal of solid waste by a municipality with an existing permitted landfill with a twenty-five-year capacity as of January 1, 1991, when the municipality bears the expense of operating and maintaining the landfill and the landfill complies with United States Environmental Protection Agency regulations and division rules. (3) Nothing in this section shall prohibit a municipality or county from constructing or operating a facility or project to process and market recyclable materials for use as fuel. (d) Furthermore, nothing in this subchapter shall prohibit the disposal of dead animal carcasses through means which are otherwise permitted by state law or rule. Amended by Act 2021, No. 469,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 315,§ 554, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 553, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 552, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 551, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2652, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2651, eff. 7/1/2019. Acts 1991, No. 752, § 2; 1993, No. 619, § 2; 1999, No. 1164, § 74.

(a) A regional solid waste management district which has an approved solid waste management plan may: (1) (A) Require, by rule or other legal means, that solid waste generated or collected within the boundaries of the district be delivered to a particular project for disposal, treatment, or other handling. (B) Provided, however, that nothing in this section shall be construed as impairing legal and proper contracts existing on March 26, 1991, under the Arkansas Constitution, or the notes or other evidences of indebtedness incurred pursuant to a revenue bond issued or reissued dependent upon a project involving a stated waste stream which is a contractual condition of said indebtedness; (2) Prohibit, by rule or other legal means, the collection of solid waste within the boundaries of the district by persons not properly licensed by the district; (3) (A) Authorize that a city, county, or any person in an adjoining district may deliver solid waste to a designated landfill within the district for disposal, treatment, or other handling. (B) Provided, however, that notice of all such authorizations shall be submitted to the Division of Environmental Quality within thirty (30) days and shall be incorporated into the district's needs assessment in its next regular update; (4) Provide, by rule or other legal means, that no person, other than as may be designated by the district, shall engage in the collection or utilization of solid waste within the district which would be competitive with the purposes or activities of the district; and (5) Covenant in connection with the issuance of bonds, notes, or other evidence of indebtedness to adopt any rule described in subdivisions (a)(1), (a)(2), and (a)(4) of this section and that any rule so adopted shall remain in full force and effect and shall be enforced so long as any bonds, notes, or other evidences of indebtedness remain outstanding.

(1) (A) Require, by rule or other legal means, that solid waste generated or collected within the boundaries of the district be delivered to a particular project for disposal, treatment, or other handling. (B) Provided, however, that nothing in this section shall be construed as impairing legal and proper contracts existing on March 26, 1991, under the Arkansas Constitution, or the notes or other evidences of indebtedness incurred pursuant to a revenue bond issued or reissued dependent upon a project involving a stated waste stream which is a contractual condition of said indebtedness;

(A) Require, by rule or other legal means, that solid waste generated or collected within the boundaries of the district be delivered to a particular project for disposal, treatment, or other handling.

(B) Provided, however, that nothing in this section shall be construed as impairing legal and proper contracts existing on March 26, 1991, under the Arkansas Constitution, or the notes or other evidences of indebtedness incurred pursuant to a revenue bond issued or reissued dependent upon a project involving a stated waste stream which is a contractual condition of said indebtedness;

(2) Prohibit, by rule or other legal means, the collection of solid waste within the boundaries of the district by persons not properly licensed by the district;

(3) (A) Authorize that a city, county, or any person in an adjoining district may deliver solid waste to a designated landfill within the district for disposal, treatment, or other handling. (B) Provided, however, that notice of all such authorizations shall be submitted to the Division of Environmental Quality within thirty (30) days and shall be incorporated into the district's needs assessment in its next regular update;

(A) Authorize that a city, county, or any person in an adjoining district may deliver solid waste to a designated landfill within the district for disposal, treatment, or other handling.

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

(4) Provide, by rule or other legal means, that no person, other than as may be designated by the district, shall engage in the collection or utilization of solid waste within the district which would be competitive with the purposes or activities of the district; and

(5) Covenant in connection with the issuance of bonds, notes, or other evidence of indebtedness to adopt any rule described in subdivisions (a)(1), (a)(2), and (a)(4) of this section and that any rule so adopted shall remain in full force and effect and shall be enforced so long as any bonds, notes, or other evidences of indebtedness remain outstanding.

(b) The districts shall issue rules or regulations which are consistent with and in accordance with but no more restrictive than all applicable environmental protection performance standards adopted by state law or incorporated by reference from federal law.

(c) (1) Nothing in this section shall prohibit the disposal of solid waste generated by a private industry in a permitted landfill where the 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. (2) This section does not prohibit the collection or disposal of solid waste by a municipality with an existing permitted landfill with a twenty-five-year capacity as of January 1, 1991, when the municipality bears the expense of operating and maintaining the landfill and the landfill complies with United States Environmental Protection Agency regulations and division rules. (3) Nothing in this section shall prohibit a municipality or county from constructing or operating a facility or project to process and market recyclable materials for use as fuel.

(1) Nothing in this section shall prohibit the disposal of solid waste generated by a private industry in a permitted landfill where the 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.

(2) This section does not prohibit the collection or disposal of solid waste by a municipality with an existing permitted landfill with a twenty-five-year capacity as of January 1, 1991, when the municipality bears the expense of operating and maintaining the landfill and the landfill complies with United States Environmental Protection Agency regulations and division rules.

(3) Nothing in this section shall prohibit a municipality or county from constructing or operating a facility or project to process and market recyclable materials for use as fuel.

(d) Furthermore, nothing in this subchapter shall prohibit the disposal of dead animal carcasses through means which are otherwise permitted by state law or rule.

Amended by Act 2021, No. 469,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 315,§ 554, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 553, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 552, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 551, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2652, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2651, eff. 7/1/2019.

Acts 1991, No. 752, § 2; 1993, No. 619, § 2; 1999, No. 1164, § 74.
Ark. Code Ann. § 8-9-610 — AR Code / Title 8 / Chapter 9 / Subchapter 6 / Section 8-9-610
Penalties and enforcement
Status: in_force

(a) Any person who violates any provisions of this subchapter or any rule or order issued pursuant to this subchapter shall be subject to the same penalty and enforcement provisions as are contained in § 8-6-204 . (b) Except as otherwise provided in this subchapter, the procedure of the Arkansas Pollution Control and Ecology Commission for issuance of rules, conduct of hearings, notice, power of subpoena, review of action on permits, right of appeal, presumptions, finality of actions, and related matters shall be as provided in §§ 8-4-101 - 8-4-106 and 8-4-201 - 8-4-229 of the Arkansas Water and Air Pollution Control Act, § 8-4-101 et seq., including, without limitation, §§ 8-4-205 , 8-4-210 , 8-4-212 - 8-4-214 , and 8-4-218 - 8-4-229 . Acts 2005, No. 649, § 1.

(a) Any person who violates any provisions of this subchapter or any rule or order issued pursuant to this subchapter shall be subject to the same penalty and enforcement provisions as are contained in § 8-6-204 .

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

Acts 2005, No. 649, § 1.
Ark. Code Ann. § 8-7-518 — AR Code / Title 8 / Chapter 7 / Subchapter 5 / Section 8-7-518
Fees on the generation of hazardous waste
Status: in_force

(a) On or before April 1 of each year, the following persons shall report the total amount of such hazardous waste generated or accepted to the Director of the Division of Environmental Quality, except as provided in this section, on forms prescribed by the Division of Environmental Quality: (1) Every person who generated hazardous waste in Arkansas during the preceding year; and (2) Every person who accepted for treatment, storage, or disposal in Arkansas during the preceding year hazardous waste generated outside the state. (b) (1) (A) Except as provided in this section, there is assessed a fee to be collected by the division upon every person who generated hazardous waste in Arkansas or who accepted hazardous waste generated outside of the state which was subsequently received for treatment, storage, or disposal in Arkansas based upon the combined total of such hazardous waste as is required to be reported pursuant to subsection (a) of this section. (B) The fees shall be calculated and paid according to a schedule to be adopted by rule of the Arkansas Pollution Control and Ecology Commission, not to exceed a maximum of ten thousand dollars ($10,000) annually per facility. (2) (A) No person shall be required to pay fees based on the quantity of hazardous waste generated when such hazardous waste is managed in a totally enclosed treatment facility, an elementary neutralization unit, or a wastewater treatment unit, or when the hazardous waste is otherwise excluded by rule from inclusion in a facility's determination of its compliance status or category as a generator. (B) Any person who has paid such fees for hazardous waste generated in 1997 or later years shall be entitled to a refund upon application for a refund. (C) The division shall calculate the amount of fee refund due and provide the applicant with a copy of the calculation. (D) The division shall promptly pay any refund due from the Hazardous Substance Remedial Action Trust Fund. (c) On or before July 1 of each year, each person subject to subsection (a) of this section shall pay to the division the fee required by subsection (b) of this section. (d) To the extent practicable, the division shall coordinate the reporting requirements of this section with the reporting requirements of the Arkansas Hazardous Waste Management Act of 1979, § 8-7-201 et seq., and the rules adopted under the Arkansas Hazardous Waste Management Act of 1979, § 8-7-201 et seq. The content of the reporting shall be consistent with federal reporting requirements pursuant to the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq., in all respects with the exception of frequency. (e) The division shall prepare annually a statement of all revenues collected by the fees under this section, as well as all other revenues to the fund, and all expenditures from the fund and obligations of the fund and the current balance in the fund. Amended by Act 2019, No. 315,§ 636, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 635, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 634, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2773, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2772, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2771, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2770, eff. 7/1/2019. Acts 1985, No. 479, § 7; A.S.A. 1947, § 82-4718; Acts 1987, No. 380, § 1; 1999, No. 1041, §§ 1-3.

(a) On or before April 1 of each year, the following persons shall report the total amount of such hazardous waste generated or accepted to the Director of the Division of Environmental Quality, except as provided in this section, on forms prescribed by the Division of Environmental Quality: (1) Every person who generated hazardous waste in Arkansas during the preceding year; and (2) Every person who accepted for treatment, storage, or disposal in Arkansas during the preceding year hazardous waste generated outside the state.

(1) Every person who generated hazardous waste in Arkansas during the preceding year; and

(2) Every person who accepted for treatment, storage, or disposal in Arkansas during the preceding year hazardous waste generated outside the state.

(b) (1) (A) Except as provided in this section, there is assessed a fee to be collected by the division upon every person who generated hazardous waste in Arkansas or who accepted hazardous waste generated outside of the state which was subsequently received for treatment, storage, or disposal in Arkansas based upon the combined total of such hazardous waste as is required to be reported pursuant to subsection (a) of this section. (B) The fees shall be calculated and paid according to a schedule to be adopted by rule of the Arkansas Pollution Control and Ecology Commission, not to exceed a maximum of ten thousand dollars ($10,000) annually per facility. (2) (A) No person shall be required to pay fees based on the quantity of hazardous waste generated when such hazardous waste is managed in a totally enclosed treatment facility, an elementary neutralization unit, or a wastewater treatment unit, or when the hazardous waste is otherwise excluded by rule from inclusion in a facility's determination of its compliance status or category as a generator. (B) Any person who has paid such fees for hazardous waste generated in 1997 or later years shall be entitled to a refund upon application for a refund. (C) The division shall calculate the amount of fee refund due and provide the applicant with a copy of the calculation. (D) The division shall promptly pay any refund due from the Hazardous Substance Remedial Action Trust Fund.

(1) (A) Except as provided in this section, there is assessed a fee to be collected by the division upon every person who generated hazardous waste in Arkansas or who accepted hazardous waste generated outside of the state which was subsequently received for treatment, storage, or disposal in Arkansas based upon the combined total of such hazardous waste as is required to be reported pursuant to subsection (a) of this section. (B) The fees shall be calculated and paid according to a schedule to be adopted by rule of the Arkansas Pollution Control and Ecology Commission, not to exceed a maximum of ten thousand dollars ($10,000) annually per facility.

(A) Except as provided in this section, there is assessed a fee to be collected by the division upon every person who generated hazardous waste in Arkansas or who accepted hazardous waste generated outside of the state which was subsequently received for treatment, storage, or disposal in Arkansas based upon the combined total of such hazardous waste as is required to be reported pursuant to subsection (a) of this section.

(B) The fees shall be calculated and paid according to a schedule to be adopted by rule of the Arkansas Pollution Control and Ecology Commission, not to exceed a maximum of ten thousand dollars ($10,000) annually per facility.

(2) (A) No person shall be required to pay fees based on the quantity of hazardous waste generated when such hazardous waste is managed in a totally enclosed treatment facility, an elementary neutralization unit, or a wastewater treatment unit, or when the hazardous waste is otherwise excluded by rule from inclusion in a facility's determination of its compliance status or category as a generator. (B) Any person who has paid such fees for hazardous waste generated in 1997 or later years shall be entitled to a refund upon application for a refund. (C) The division shall calculate the amount of fee refund due and provide the applicant with a copy of the calculation. (D) The division shall promptly pay any refund due from the Hazardous Substance Remedial Action Trust Fund.

(A) No person shall be required to pay fees based on the quantity of hazardous waste generated when such hazardous waste is managed in a totally enclosed treatment facility, an elementary neutralization unit, or a wastewater treatment unit, or when the hazardous waste is otherwise excluded by rule from inclusion in a facility's determination of its compliance status or category as a generator.

(B) Any person who has paid such fees for hazardous waste generated in 1997 or later years shall be entitled to a refund upon application for a refund.

(C) The division shall calculate the amount of fee refund due and provide the applicant with a copy of the calculation.

(D) The division shall promptly pay any refund due from the Hazardous Substance Remedial Action Trust Fund.

(c) On or before July 1 of each year, each person subject to subsection (a) of this section shall pay to the division the fee required by subsection (b) of this section.

(d) To the extent practicable, the division shall coordinate the reporting requirements of this section with the reporting requirements of the Arkansas Hazardous Waste Management Act of 1979, § 8-7-201 et seq., and the rules adopted under the Arkansas Hazardous Waste Management Act of 1979, § 8-7-201 et seq. The content of the reporting shall be consistent with federal reporting requirements pursuant to the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq., in all respects with the exception of frequency.

(e) The division shall prepare annually a statement of all revenues collected by the fees under this section, as well as all other revenues to the fund, and all expenditures from the fund and obligations of the fund and the current balance in the fund.

Amended by Act 2019, No. 315,§ 636, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 635, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 634, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2773, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2772, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2771, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2770, eff. 7/1/2019.

Acts 1985, No. 479, § 7; A.S.A. 1947, § 82-4718; Acts 1987, No. 380, § 1; 1999, No. 1041, §§ 1-3.
Ark. Code Ann. § 8-5-807 — AR Code / Title 8 / Chapter 5 / Subchapter 8 / Section 8-5-807
Small Business Revolving Loan Fund
Status: in_force

(a) There is created within the Division of Environmental Quality a revolving loan fund: (1) Which shall be designated the "Small Business Revolving Loan Fund"; (2) Into which shall be transferred or deposited the moneys to be provided by law for the Small Business Revolving Loan Fund; and (3) To be used as a revolving fund by the division for making loans to eligible participants to pay the direct costs of projects that are designed to correct or avoid violations of federal environmental law or regulation or state environmental rules and have received a certificate of need from the division or to pay costs incurred by the division to provide management of lending activities. (b) (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 fund to be known as the "Small Business Revolving Loan Fund". (2) The Small Business Revolving Loan Fund shall consist of the following: (A) All funds transferred from the General Improvement Fund or its successor fund or fund accounts, including the Development and Enhancement Fund, to be otherwise provided by law for the Small Business Revolving Loan Fund; (B) All moneys received by the division upon repayment of loans made from the furnishing of funds for loans under the program created by this subchapter; (C) Interest earned upon any money in the Small Business Revolving Loan Fund; and (D) All sums recovered upon by the Small Business Revolving Loan Fund for losses to the Small Business Revolving Loan Fund or for loan losses under the loan program created in this subchapter and all other moneys received for the Small Business Revolving Loan Fund from any source. (c) (1) Subject to the provisions of this subchapter, the division is vested with full power, authority, and jurisdiction over the Small Business Revolving Loan Fund, including all moneys and property or securities belonging to the Small Business Revolving Loan Fund. (2) The division may invest the Small Business Revolving Loan Fund in direct general obligations of the United States, in certificates of deposit or savings accounts in an amount not to exceed the capital funds, represented by capital, surplus, and undivided profits in financial institutions located in Arkansas that are insured by an agency of the United States Government, and in repurchase agreements that are collateralized by direct general obligations of the United States or by bonds, notes, debentures, participation certificates, or other obligations issued by an agency of the United States, the principal and interest of which are guaranteed by the agency or the United States. Amended by Act 2019, No. 315,§ 521, eff. 7/24/2019. Amended by Act 2019, No. 82,§ 4, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2583, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2582, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2581, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2580, eff. 7/1/2019. Acts 1997, No. 691, § 1; 1999, No. 1164, §§ 57, 58; 2005, No. 1254, § 4.

(a) There is created within the Division of Environmental Quality a revolving loan fund: (1) Which shall be designated the "Small Business Revolving Loan Fund"; (2) Into which shall be transferred or deposited the moneys to be provided by law for the Small Business Revolving Loan Fund; and (3) To be used as a revolving fund by the division for making loans to eligible participants to pay the direct costs of projects that are designed to correct or avoid violations of federal environmental law or regulation or state environmental rules and have received a certificate of need from the division or to pay costs incurred by the division to provide management of lending activities.

(1) Which shall be designated the "Small Business Revolving Loan Fund";

(2) Into which shall be transferred or deposited the moneys to be provided by law for the Small Business Revolving Loan Fund; and

(3) To be used as a revolving fund by the division for making loans to eligible participants to pay the direct costs of projects that are designed to correct or avoid violations of federal environmental law or regulation or state environmental rules and have received a certificate of need from the division or to pay costs incurred by the division to provide management of lending activities.

(b) (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 fund to be known as the "Small Business Revolving Loan Fund". (2) The Small Business Revolving Loan Fund shall consist of the following: (A) All funds transferred from the General Improvement Fund or its successor fund or fund accounts, including the Development and Enhancement Fund, to be otherwise provided by law for the Small Business Revolving Loan Fund; (B) All moneys received by the division upon repayment of loans made from the furnishing of funds for loans under the program created by this subchapter; (C) Interest earned upon any money in the Small Business Revolving Loan Fund; and (D) All sums recovered upon by the Small Business Revolving Loan Fund for losses to the Small Business Revolving Loan Fund or for loan losses under the loan program created in this subchapter and all other moneys received for the Small Business Revolving Loan Fund from any source.

(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 fund to be known as the "Small Business Revolving Loan Fund".

(2) The Small Business Revolving Loan Fund shall consist of the following: (A) All funds transferred from the General Improvement Fund or its successor fund or fund accounts, including the Development and Enhancement Fund, to be otherwise provided by law for the Small Business Revolving Loan Fund; (B) All moneys received by the division upon repayment of loans made from the furnishing of funds for loans under the program created by this subchapter; (C) Interest earned upon any money in the Small Business Revolving Loan Fund; and (D) All sums recovered upon by the Small Business Revolving Loan Fund for losses to the Small Business Revolving Loan Fund or for loan losses under the loan program created in this subchapter and all other moneys received for the Small Business Revolving Loan Fund from any source.

(A) All funds transferred from the General Improvement Fund or its successor fund or fund accounts, including the Development and Enhancement Fund, to be otherwise provided by law for the Small Business Revolving Loan Fund;

(B) All moneys received by the division upon repayment of loans made from the furnishing of funds for loans under the program created by this subchapter;

(C) Interest earned upon any money in the Small Business Revolving Loan Fund; and

(D) All sums recovered upon by the Small Business Revolving Loan Fund for losses to the Small Business Revolving Loan Fund or for loan losses under the loan program created in this subchapter and all other moneys received for the Small Business Revolving Loan Fund from any source.

(c) (1) Subject to the provisions of this subchapter, the division is vested with full power, authority, and jurisdiction over the Small Business Revolving Loan Fund, including all moneys and property or securities belonging to the Small Business Revolving Loan Fund. (2) The division may invest the Small Business Revolving Loan Fund in direct general obligations of the United States, in certificates of deposit or savings accounts in an amount not to exceed the capital funds, represented by capital, surplus, and undivided profits in financial institutions located in Arkansas that are insured by an agency of the United States Government, and in repurchase agreements that are collateralized by direct general obligations of the United States or by bonds, notes, debentures, participation certificates, or other obligations issued by an agency of the United States, the principal and interest of which are guaranteed by the agency or the United States.

(1) Subject to the provisions of this subchapter, the division is vested with full power, authority, and jurisdiction over the Small Business Revolving Loan Fund, including all moneys and property or securities belonging to the Small Business Revolving Loan Fund.

(2) The division may invest the Small Business Revolving Loan Fund in direct general obligations of the United States, in certificates of deposit or savings accounts in an amount not to exceed the capital funds, represented by capital, surplus, and undivided profits in financial institutions located in Arkansas that are insured by an agency of the United States Government, and in repurchase agreements that are collateralized by direct general obligations of the United States or by bonds, notes, debentures, participation certificates, or other obligations issued by an agency of the United States, the principal and interest of which are guaranteed by the agency or the United States.

Amended by Act 2019, No. 315,§ 521, eff. 7/24/2019.

Amended by Act 2019, No. 82,§ 4, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2583, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2582, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2581, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2580, eff. 7/1/2019.

Acts 1997, No. 691, § 1; 1999, No. 1164, §§ 57, 58; 2005, No. 1254, § 4.
Ark. Code Ann. § 8-9-503 — AR Code / Title 8 / Chapter 9 / Subchapter 5 / Section 8-9-503
[Repealed]
Status: repealed

Repealed by Act 2019, No. 976,§ 1, eff. 7/24/2019. Acts 1993, No. 991, § 3.

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

Acts 1993, No. 991, § 3.
Ark. Code Ann. § 8-6-208 — AR Code / Title 8 / Chapter 6 / Subchapter 2 / Section 8-6-208
Existing rules, orders, etc
Status: in_force

(a) All existing rules of the Arkansas Pollution Control and Ecology Commission relating to subjects embraced within this subchapter shall remain in full force and effect until expressly repealed, amended, or superseded by the commission. (b) All orders entered, permits granted, and pending legal proceedings instituted by the commission relating to subjects embraced within this subchapter shall remain unimpaired and in full force and effect until superseded by actions taken by the commission under this subchapter. (c) No existing civil or criminal remedies, public or private, for any wrongful action shall be excluded or impaired by this subchapter. Nothing in this subchapter shall be construed to limit or supersede the provisions of the Arkansas Water and Air Pollution Control Act, § 8-4-101 et seq., or any action taken by the commission under the Arkansas Water and Air Pollution Control Act, § 8-4-101 et seq. Amended by Act 2019, No. 315,§ 538, eff. 7/24/2019. Acts 1971, No. 237, § 12; A.S.A. 1947, § 82-2712.

(a) All existing rules of the Arkansas Pollution Control and Ecology Commission relating to subjects embraced within this subchapter shall remain in full force and effect until expressly repealed, amended, or superseded by the commission.

(b) All orders entered, permits granted, and pending legal proceedings instituted by the commission relating to subjects embraced within this subchapter shall remain unimpaired and in full force and effect until superseded by actions taken by the commission under this subchapter.

(c) No existing civil or criminal remedies, public or private, for any wrongful action shall be excluded or impaired by this subchapter. Nothing in this subchapter shall be construed to limit or supersede the provisions of the Arkansas Water and Air Pollution Control Act, § 8-4-101 et seq., or any action taken by the commission under the Arkansas Water and Air Pollution Control Act, § 8-4-101 et seq.

Amended by Act 2019, No. 315,§ 538, eff. 7/24/2019.

Acts 1971, No. 237, § 12; A.S.A. 1947, § 82-2712.
Ark. Code Ann. § 8-6-206 — AR Code / Title 8 / Chapter 6 / Subchapter 2 / Section 8-6-206
Proceedings in circuit court
Status: in_force

(a) Except as provided under subsection (b) of this section, a person adversely affected by a violation of this subchapter or of any rules or orders issued pursuant to this subchapter shall have a private right of action for relief against the violation. (b) (1) A person may file a verified complaint in a circuit court of competent jurisdiction as described in subdivision (b)(2) of this section against a defendant if facts establish that the defendant engaged in an act or omission that results in any one (1) or more of the following in this state: (A) The illegal dumping of solid waste; (B) The creation or participation in the creation or furtherance of an illegal dump site; (C) The disposal of solid waste that results from the property owner's own household activities on his or her land if the disposal: (i) Creates a public or private nuisance or a hazard to health; or (ii) Involves the open dumping of garbage; and (D) Any other environmental violation concerning the illegal dumping of solid waste in violation of this chapter or the Used Tire Recycling and Accountability Act, § 8-9-401 et seq. (2) The verified complaint shall be filed in the circuit court of the county where the: (A) Activity described in the verified complaint occurs; (B) Situation described in the verified complaint exists; or (C) Defendant resides. (3) (A) If the plaintiff is seeking a preliminary injunction or temporary restraining order without notice to the defendant, the requirements of Rule 65(b)(1) and (c) of the Arkansas Rules of Civil Procedure shall be met and the procedures in this subdivision (b)(3) apply. (B) The circuit court shall enter a temporary order that directs the defendant to perform the following within ten (10) days from the date the temporary order is served on the defendant: (i) Remove the solid waste from the public or private property or otherwise remediate the environmental violation; (ii) Dispose of any solid waste or other material at: (a) A permitted solid waste transfer station, landfill, composting facility, or incinerator; or (b) A recycling center; and (iii) File with the circuit court a disposal receipt from the permitted solid waste transfer station, landfill, composting facility, or incinerator where the solid waste was disposed. (C) The plaintiff shall have the temporary order served on the defendant and file proof of service with the circuit court. (D) (i) To request relief from the temporary order, the defendant may file a motion with the circuit court within ten (10) days from the date the temporary order is served. (ii) The circuit court shall hold a hearing within fourteen (14) days after the motion is filed and serve notice on all parties subject to the temporary order. (iii) At the hearing, the circuit court shall hear all evidence and testimony and enter an order to either dismiss the original or temporary order or make the temporary order permanent. (E) The circuit court may grant a continuance for the hearing. (F) The parties at the hearing may be represented by counsel. (4) If subdivision (b)(3)(A) of this section does not apply and notice is required, then the plaintiff shall comply with the applicable notice provisions in the Arkansas Rules of Civil Procedure before issuance of a temporary order. (5) (A) If the temporary order is made permanent by the circuit court after a hearing on the merits or because the defendant failed to timely file a motion requesting a hearing on the served temporary order, the defendant shall within ten (10) days after its filing: (i) Remove or cause to be removed from the public or private property the solid waste that has been illegally dumped on the public or private property; and (ii) Properly dispose of the solid waste in a permitted landfill or other facility approved for disposal by the Division of Environmental Quality. (B) (i) If the defendant has not removed the solid waste from the public or private property and properly disposed of it after ten (10) days from the date of the filing of the order, the plaintiff or the owner of the property may cause the solid waste to be removed or otherwise remediated and file a cost statement with the circuit court. (ii) The circuit court shall review the cost statement and determine whether the cost statement is reasonable. (iii) If the circuit court determines the cost statement is reasonable, the circuit court shall enter an order on the judgment docket of the circuit court in the amount of the cost statement as a judgment against the defendant. (c) A judgment entered under this section may be enforced in the same manner as any other judgment. (d) A judgment entered under this section is a final decision for purposes of appellate review. (e) In addition to any judgment ordered under this section, a party against whom a judgment has been entered under this section is subject to any other applicable criminal, civil, or administrative penalties under law or rule, or both. (f) The limitations and exemptions under §§ 8-6-2018 and 8-6-2019 apply to subsection (b) of this section. Amended by Act 2019, No. 315,§ 530, eff. 7/24/2019. Amended by Act 2019, No. 1067,§ 3, eff. 7/24/2019. Acts 1971, No. 237, § 12; A.S.A. 1947, § 82-2712.

(a) Except as provided under subsection (b) of this section, a person adversely affected by a violation of this subchapter or of any rules or orders issued pursuant to this subchapter shall have a private right of action for relief against the violation.

(b) (1) A person may file a verified complaint in a circuit court of competent jurisdiction as described in subdivision (b)(2) of this section against a defendant if facts establish that the defendant engaged in an act or omission that results in any one (1) or more of the following in this state: (A) The illegal dumping of solid waste; (B) The creation or participation in the creation or furtherance of an illegal dump site; (C) The disposal of solid waste that results from the property owner's own household activities on his or her land if the disposal: (i) Creates a public or private nuisance or a hazard to health; or (ii) Involves the open dumping of garbage; and (D) Any other environmental violation concerning the illegal dumping of solid waste in violation of this chapter or the Used Tire Recycling and Accountability Act, § 8-9-401 et seq. (2) The verified complaint shall be filed in the circuit court of the county where the: (A) Activity described in the verified complaint occurs; (B) Situation described in the verified complaint exists; or (C) Defendant resides. (3) (A) If the plaintiff is seeking a preliminary injunction or temporary restraining order without notice to the defendant, the requirements of Rule 65(b)(1) and (c) of the Arkansas Rules of Civil Procedure shall be met and the procedures in this subdivision (b)(3) apply. (B) The circuit court shall enter a temporary order that directs the defendant to perform the following within ten (10) days from the date the temporary order is served on the defendant: (i) Remove the solid waste from the public or private property or otherwise remediate the environmental violation; (ii) Dispose of any solid waste or other material at: (a) A permitted solid waste transfer station, landfill, composting facility, or incinerator; or (b) A recycling center; and (iii) File with the circuit court a disposal receipt from the permitted solid waste transfer station, landfill, composting facility, or incinerator where the solid waste was disposed. (C) The plaintiff shall have the temporary order served on the defendant and file proof of service with the circuit court. (D) (i) To request relief from the temporary order, the defendant may file a motion with the circuit court within ten (10) days from the date the temporary order is served. (ii) The circuit court shall hold a hearing within fourteen (14) days after the motion is filed and serve notice on all parties subject to the temporary order. (iii) At the hearing, the circuit court shall hear all evidence and testimony and enter an order to either dismiss the original or temporary order or make the temporary order permanent. (E) The circuit court may grant a continuance for the hearing. (F) The parties at the hearing may be represented by counsel. (4) If subdivision (b)(3)(A) of this section does not apply and notice is required, then the plaintiff shall comply with the applicable notice provisions in the Arkansas Rules of Civil Procedure before issuance of a temporary order. (5) (A) If the temporary order is made permanent by the circuit court after a hearing on the merits or because the defendant failed to timely file a motion requesting a hearing on the served temporary order, the defendant shall within ten (10) days after its filing: (i) Remove or cause to be removed from the public or private property the solid waste that has been illegally dumped on the public or private property; and (ii) Properly dispose of the solid waste in a permitted landfill or other facility approved for disposal by the Division of Environmental Quality. (B) (i) If the defendant has not removed the solid waste from the public or private property and properly disposed of it after ten (10) days from the date of the filing of the order, the plaintiff or the owner of the property may cause the solid waste to be removed or otherwise remediated and file a cost statement with the circuit court. (ii) The circuit court shall review the cost statement and determine whether the cost statement is reasonable. (iii) If the circuit court determines the cost statement is reasonable, the circuit court shall enter an order on the judgment docket of the circuit court in the amount of the cost statement as a judgment against the defendant.

(1) A person may file a verified complaint in a circuit court of competent jurisdiction as described in subdivision (b)(2) of this section against a defendant if facts establish that the defendant engaged in an act or omission that results in any one (1) or more of the following in this state: (A) The illegal dumping of solid waste; (B) The creation or participation in the creation or furtherance of an illegal dump site; (C) The disposal of solid waste that results from the property owner's own household activities on his or her land if the disposal: (i) Creates a public or private nuisance or a hazard to health; or (ii) Involves the open dumping of garbage; and (D) Any other environmental violation concerning the illegal dumping of solid waste in violation of this chapter or the Used Tire Recycling and Accountability Act, § 8-9-401 et seq.

(A) The illegal dumping of solid waste;

(B) The creation or participation in the creation or furtherance of an illegal dump site;

(C) The disposal of solid waste that results from the property owner's own household activities on his or her land if the disposal: (i) Creates a public or private nuisance or a hazard to health; or (ii) Involves the open dumping of garbage; and

(i) Creates a public or private nuisance or a hazard to health; or

(ii) Involves the open dumping of garbage; and

(D) Any other environmental violation concerning the illegal dumping of solid waste in violation of this chapter or the Used Tire Recycling and Accountability Act, § 8-9-401 et seq.

(2) The verified complaint shall be filed in the circuit court of the county where the: (A) Activity described in the verified complaint occurs; (B) Situation described in the verified complaint exists; or (C) Defendant resides.

(A) Activity described in the verified complaint occurs;

(B) Situation described in the verified complaint exists; or

(C) Defendant resides.

(3) (A) If the plaintiff is seeking a preliminary injunction or temporary restraining order without notice to the defendant, the requirements of Rule 65(b)(1) and (c) of the Arkansas Rules of Civil Procedure shall be met and the procedures in this subdivision (b)(3) apply. (B) The circuit court shall enter a temporary order that directs the defendant to perform the following within ten (10) days from the date the temporary order is served on the defendant: (i) Remove the solid waste from the public or private property or otherwise remediate the environmental violation; (ii) Dispose of any solid waste or other material at: (a) A permitted solid waste transfer station, landfill, composting facility, or incinerator; or (b) A recycling center; and (iii) File with the circuit court a disposal receipt from the permitted solid waste transfer station, landfill, composting facility, or incinerator where the solid waste was disposed. (C) The plaintiff shall have the temporary order served on the defendant and file proof of service with the circuit court. (D) (i) To request relief from the temporary order, the defendant may file a motion with the circuit court within ten (10) days from the date the temporary order is served. (ii) The circuit court shall hold a hearing within fourteen (14) days after the motion is filed and serve notice on all parties subject to the temporary order. (iii) At the hearing, the circuit court shall hear all evidence and testimony and enter an order to either dismiss the original or temporary order or make the temporary order permanent. (E) The circuit court may grant a continuance for the hearing. (F) The parties at the hearing may be represented by counsel.

(A) If the plaintiff is seeking a preliminary injunction or temporary restraining order without notice to the defendant, the requirements of Rule 65(b)(1) and (c) of the Arkansas Rules of Civil Procedure shall be met and the procedures in this subdivision (b)(3) apply.

(B) The circuit court shall enter a temporary order that directs the defendant to perform the following within ten (10) days from the date the temporary order is served on the defendant: (i) Remove the solid waste from the public or private property or otherwise remediate the environmental violation; (ii) Dispose of any solid waste or other material at: (a) A permitted solid waste transfer station, landfill, composting facility, or incinerator; or (b) A recycling center; and (iii) File with the circuit court a disposal receipt from the permitted solid waste transfer station, landfill, composting facility, or incinerator where the solid waste was disposed.

(i) Remove the solid waste from the public or private property or otherwise remediate the environmental violation;

(ii) Dispose of any solid waste or other material at: (a) A permitted solid waste transfer station, landfill, composting facility, or incinerator; or (b) A recycling center; and

(a) A permitted solid waste transfer station, landfill, composting facility, or incinerator; or

(b) A recycling center; and

(iii) File with the circuit court a disposal receipt from the permitted solid waste transfer station, landfill, composting facility, or incinerator where the solid waste was disposed.

(C) The plaintiff shall have the temporary order served on the defendant and file proof of service with the circuit court.

(D) (i) To request relief from the temporary order, the defendant may file a motion with the circuit court within ten (10) days from the date the temporary order is served. (ii) The circuit court shall hold a hearing within fourteen (14) days after the motion is filed and serve notice on all parties subject to the temporary order. (iii) At the hearing, the circuit court shall hear all evidence and testimony and enter an order to either dismiss the original or temporary order or make the temporary order permanent.

(i) To request relief from the temporary order, the defendant may file a motion with the circuit court within ten (10) days from the date the temporary order is served.

(ii) The circuit court shall hold a hearing within fourteen (14) days after the motion is filed and serve notice on all parties subject to the temporary order.

(iii) At the hearing, the circuit court shall hear all evidence and testimony and enter an order to either dismiss the original or temporary order or make the temporary order permanent.

(E) The circuit court may grant a continuance for the hearing.

(F) The parties at the hearing may be represented by counsel.

(4) If subdivision (b)(3)(A) of this section does not apply and notice is required, then the plaintiff shall comply with the applicable notice provisions in the Arkansas Rules of Civil Procedure before issuance of a temporary order.

(5) (A) If the temporary order is made permanent by the circuit court after a hearing on the merits or because the defendant failed to timely file a motion requesting a hearing on the served temporary order, the defendant shall within ten (10) days after its filing: (i) Remove or cause to be removed from the public or private property the solid waste that has been illegally dumped on the public or private property; and (ii) Properly dispose of the solid waste in a permitted landfill or other facility approved for disposal by the Division of Environmental Quality. (B) (i) If the defendant has not removed the solid waste from the public or private property and properly disposed of it after ten (10) days from the date of the filing of the order, the plaintiff or the owner of the property may cause the solid waste to be removed or otherwise remediated and file a cost statement with the circuit court. (ii) The circuit court shall review the cost statement and determine whether the cost statement is reasonable. (iii) If the circuit court determines the cost statement is reasonable, the circuit court shall enter an order on the judgment docket of the circuit court in the amount of the cost statement as a judgment against the defendant.

(A) If the temporary order is made permanent by the circuit court after a hearing on the merits or because the defendant failed to timely file a motion requesting a hearing on the served temporary order, the defendant shall within ten (10) days after its filing: (i) Remove or cause to be removed from the public or private property the solid waste that has been illegally dumped on the public or private property; and (ii) Properly dispose of the solid waste in a permitted landfill or other facility approved for disposal by the Division of Environmental Quality.

(i) Remove or cause to be removed from the public or private property the solid waste that has been illegally dumped on the public or private property; and

(ii) Properly dispose of the solid waste in a permitted landfill or other facility approved for disposal by the Division of Environmental Quality.

(B) (i) If the defendant has not removed the solid waste from the public or private property and properly disposed of it after ten (10) days from the date of the filing of the order, the plaintiff or the owner of the property may cause the solid waste to be removed or otherwise remediated and file a cost statement with the circuit court. (ii) The circuit court shall review the cost statement and determine whether the cost statement is reasonable. (iii) If the circuit court determines the cost statement is reasonable, the circuit court shall enter an order on the judgment docket of the circuit court in the amount of the cost statement as a judgment against the defendant.

(i) If the defendant has not removed the solid waste from the public or private property and properly disposed of it after ten (10) days from the date of the filing of the order, the plaintiff or the owner of the property may cause the solid waste to be removed or otherwise remediated and file a cost statement with the circuit court.

(ii) The circuit court shall review the cost statement and determine whether the cost statement is reasonable.

(iii) If the circuit court determines the cost statement is reasonable, the circuit court shall enter an order on the judgment docket of the circuit court in the amount of the cost statement as a judgment against the defendant.

(c) A judgment entered under this section may be enforced in the same manner as any other judgment.

(d) A judgment entered under this section is a final decision for purposes of appellate review.

(e) In addition to any judgment ordered under this section, a party against whom a judgment has been entered under this section is subject to any other applicable criminal, civil, or administrative penalties under law or rule, or both.

(f) The limitations and exemptions under §§ 8-6-2018 and 8-6-2019 apply to subsection (b) of this section.

Amended by Act 2019, No. 315,§ 530, eff. 7/24/2019.

Amended by Act 2019, No. 1067,§ 3, eff. 7/24/2019.

Acts 1971, No. 237, § 12; A.S.A. 1947, § 82-2712.
Ark. Code Ann. § 8-7-502 — AR Code / Title 8 / Chapter 7 / Subchapter 5 / Section 8-7-502
Legislative intent - Purposes
Status: in_force

(a) It is the intent of the General Assembly to provide the state with the necessary authority and funds to investigate, control, prevent, abate, treat, or contain releases of hazardous substances necessary to protect the public health and the environment, including funds required to assure payment of the state's participation in response actions pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, Pub. L. No. 96-510, and to encourage the reduction of hazardous waste generation. (b) The purpose of this subchapter is to encourage privately funded remedial action and to clarify that persons who have undertaken remedial action at a hazardous substance site in response to an action initiated by the Division of Environmental Quality pursuant to § 8-7-508 may obtain contribution from any other person who is liable for remediation of the hazardous substance site. (c) A further purpose of this subchapter is to clarify the General Assembly's intent to provide the division with the necessary funds for remedial action at a hazardous substance site, recognizing that both public and private funds must be expended to implement remedial action at the hazardous substance sites which exist in this state. Costs and expenses for remedial action, whether expended by the division or by any person liable for the hazardous substance site, are legal damages to persons liable to the state and to persons liable to any other person for contribution, whether the liability arises by voluntary compliance with this subchapter pursuant to an order from or settlement with the division, or by suit for injunctive relief, declaratory judgment, contribution, damages, or restitution, and whether the suit is brought by the state or by any party authorized to bring a suit for relief under this subchapter. (d) The General Assembly expressly intends that the provisions of this subchapter shall apply retroactively. (e) A further purpose of this act is to: (1) Provide the state with the authority necessary to protect the public's health and safety and the environment from releases or threatened releases of hazardous substances; (2) Provide emergency response capabilities necessary to promptly contain, control, or remove hazardous substances resulting from spills or accidental releases; and (3) (A) Provide the state with the authority necessary to fund site assessments at any one (1) or more of the following: (i) Abandoned industrial, commercial, and agricultural sites or residential properties as stated in § 8-7-1101 et seq. for written requests from quasi-governmental agencies, county government, school districts, and planning and development districts if the persons do not hold title at the time of the written requests; or (ii) Potentially contaminated sites when a letter of intent is signed and available federal funds are exhausted. (B) The provisions concerning site assessments under § 8-7-504(a) and (b) , §§ 8-7-505 , 8-7-508 , § 8-7-509(e) and (f) , and § 8-7-516 shall not apply under this subdivision (e)(3). Amended by Act 2019, No. 910,§ 2750, eff. 7/1/2019. Amended by Act 2017, No. 1073,§ 1, eff. 8/1/2017. Acts 1985, No. 479, § 2; A.S.A. 1947, § 82-4713; Acts 1989, No. 441, § 1; 2005, No. 1824, § 2.

(a) It is the intent of the General Assembly to provide the state with the necessary authority and funds to investigate, control, prevent, abate, treat, or contain releases of hazardous substances necessary to protect the public health and the environment, including funds required to assure payment of the state's participation in response actions pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, Pub. L. No. 96-510, and to encourage the reduction of hazardous waste generation.

(b) The purpose of this subchapter is to encourage privately funded remedial action and to clarify that persons who have undertaken remedial action at a hazardous substance site in response to an action initiated by the Division of Environmental Quality pursuant to § 8-7-508 may obtain contribution from any other person who is liable for remediation of the hazardous substance site.

(c) A further purpose of this subchapter is to clarify the General Assembly's intent to provide the division with the necessary funds for remedial action at a hazardous substance site, recognizing that both public and private funds must be expended to implement remedial action at the hazardous substance sites which exist in this state. Costs and expenses for remedial action, whether expended by the division or by any person liable for the hazardous substance site, are legal damages to persons liable to the state and to persons liable to any other person for contribution, whether the liability arises by voluntary compliance with this subchapter pursuant to an order from or settlement with the division, or by suit for injunctive relief, declaratory judgment, contribution, damages, or restitution, and whether the suit is brought by the state or by any party authorized to bring a suit for relief under this subchapter.

(d) The General Assembly expressly intends that the provisions of this subchapter shall apply retroactively.

(e) A further purpose of this act is to: (1) Provide the state with the authority necessary to protect the public's health and safety and the environment from releases or threatened releases of hazardous substances; (2) Provide emergency response capabilities necessary to promptly contain, control, or remove hazardous substances resulting from spills or accidental releases; and (3) (A) Provide the state with the authority necessary to fund site assessments at any one (1) or more of the following: (i) Abandoned industrial, commercial, and agricultural sites or residential properties as stated in § 8-7-1101 et seq. for written requests from quasi-governmental agencies, county government, school districts, and planning and development districts if the persons do not hold title at the time of the written requests; or (ii) Potentially contaminated sites when a letter of intent is signed and available federal funds are exhausted. (B) The provisions concerning site assessments under § 8-7-504(a) and (b) , §§ 8-7-505 , 8-7-508 , § 8-7-509(e) and (f) , and § 8-7-516 shall not apply under this subdivision (e)(3).

(1) Provide the state with the authority necessary to protect the public's health and safety and the environment from releases or threatened releases of hazardous substances;

(2) Provide emergency response capabilities necessary to promptly contain, control, or remove hazardous substances resulting from spills or accidental releases; and

(3) (A) Provide the state with the authority necessary to fund site assessments at any one (1) or more of the following: (i) Abandoned industrial, commercial, and agricultural sites or residential properties as stated in § 8-7-1101 et seq. for written requests from quasi-governmental agencies, county government, school districts, and planning and development districts if the persons do not hold title at the time of the written requests; or (ii) Potentially contaminated sites when a letter of intent is signed and available federal funds are exhausted. (B) The provisions concerning site assessments under § 8-7-504(a) and (b) , §§ 8-7-505 , 8-7-508 , § 8-7-509(e) and (f) , and § 8-7-516 shall not apply under this subdivision (e)(3).

(A) Provide the state with the authority necessary to fund site assessments at any one (1) or more of the following: (i) Abandoned industrial, commercial, and agricultural sites or residential properties as stated in § 8-7-1101 et seq. for written requests from quasi-governmental agencies, county government, school districts, and planning and development districts if the persons do not hold title at the time of the written requests; or (ii) Potentially contaminated sites when a letter of intent is signed and available federal funds are exhausted.

(i) Abandoned industrial, commercial, and agricultural sites or residential properties as stated in § 8-7-1101 et seq. for written requests from quasi-governmental agencies, county government, school districts, and planning and development districts if the persons do not hold title at the time of the written requests; or

(ii) Potentially contaminated sites when a letter of intent is signed and available federal funds are exhausted.

(B) The provisions concerning site assessments under § 8-7-504(a) and (b) , §§ 8-7-505 , 8-7-508 , § 8-7-509(e) and (f) , and § 8-7-516 shall not apply under this subdivision (e)(3).

Amended by Act 2019, No. 910,§ 2750, eff. 7/1/2019.

Amended by Act 2017, No. 1073,§ 1, eff. 8/1/2017.

Acts 1985, No. 479, § 2; A.S.A. 1947, § 82-4713; Acts 1989, No. 441, § 1; 2005, No. 1824, § 2.
Ark. Code Ann. § 8-6-2013 — AR Code / Title 8 / Chapter 6 / Subchapter 20 / Section 8-6-2013
Filing an environmental citation
Status: in_force

A citation for an alleged environmental violation issued by an environmental officer shall be filed in a court of competent jurisdiction in the county where the alleged environmental violation was committed. Amended by Act 2021, No. 749,§ 8, eff. 7/28/2021. Added by Act 2019, No. 1067,§ 1, eff. 7/24/2019.

A citation for an alleged environmental violation issued by an environmental officer shall be filed in a court of competent jurisdiction in the county where the alleged environmental violation was committed.

Amended by Act 2021, No. 749,§ 8, eff. 7/28/2021.

Added by Act 2019, No. 1067,§ 1, eff. 7/24/2019.
Ark. Code Ann. § 8-6-1307 — AR Code / Title 8 / Chapter 6 / Subchapter 13 / Section 8-6-1307
Financial assurance guarantees
Status: in_force

(a) (1) Prior to initiating operations at a commercial medical waste incineration facility, the owner or operator must demonstrate: (A) Evidence of liability insurance in such amount as the Division of Environmental Quality may determine to be necessary for the protection of public health and safety and protection of the environment; and (B) Evidence of financial responsibility in such form and amount as the division may determine to be necessary to ensure that, upon abandonment, cessation, or interruption of the operation of the commercial medical waste incineration facility, all appropriate measures can be taken to prevent present and future damage to the public health and safety and to the environment. (2) In determining the adequacy of the evidence submitted, the division may consider credible evidence indicating that the permittee is undercapitalized, insolvent, or otherwise financially incapable of assuring environmentally sound operations at the permitted commercial medical waste incineration facility. (b) In determining the nature of financial assurance guarantees required by subsection (a) of this section, the division and the permittee shall follow, to the extent applicable, the federal regulations governing financial assurance of facilities governed by Subtitle D of the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6941 et seq. Amended by Act 2019, No. 910,§ 2694, eff. 7/1/2019. Acts 1995, No. 496, § 6.

(a) (1) Prior to initiating operations at a commercial medical waste incineration facility, the owner or operator must demonstrate: (A) Evidence of liability insurance in such amount as the Division of Environmental Quality may determine to be necessary for the protection of public health and safety and protection of the environment; and (B) Evidence of financial responsibility in such form and amount as the division may determine to be necessary to ensure that, upon abandonment, cessation, or interruption of the operation of the commercial medical waste incineration facility, all appropriate measures can be taken to prevent present and future damage to the public health and safety and to the environment. (2) In determining the adequacy of the evidence submitted, the division may consider credible evidence indicating that the permittee is undercapitalized, insolvent, or otherwise financially incapable of assuring environmentally sound operations at the permitted commercial medical waste incineration facility.

(1) Prior to initiating operations at a commercial medical waste incineration facility, the owner or operator must demonstrate: (A) Evidence of liability insurance in such amount as the Division of Environmental Quality may determine to be necessary for the protection of public health and safety and protection of the environment; and (B) Evidence of financial responsibility in such form and amount as the division may determine to be necessary to ensure that, upon abandonment, cessation, or interruption of the operation of the commercial medical waste incineration facility, all appropriate measures can be taken to prevent present and future damage to the public health and safety and to the environment.

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

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

(2) In determining the adequacy of the evidence submitted, the division may consider credible evidence indicating that the permittee is undercapitalized, insolvent, or otherwise financially incapable of assuring environmentally sound operations at the permitted commercial medical waste incineration facility.

(b) In determining the nature of financial assurance guarantees required by subsection (a) of this section, the division and the permittee shall follow, to the extent applicable, the federal regulations governing financial assurance of facilities governed by Subtitle D of the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6941 et seq.

Amended by Act 2019, No. 910,§ 2694, eff. 7/1/2019.

Acts 1995, No. 496, § 6.
Ark. Code Ann. § 8-4-230 — AR Code / Title 8 / Chapter 4 / Subchapter 2 / Section 8-4-230
Temporary variances and interim authority
Status: in_force

(a) (1) Unless otherwise expressly prohibited by federal law, the Director of the Division of Environmental Quality may, for compelling reasons and good cause shown, grant: (A) A temporary variance from the requirements of a permit issued by the Division of Environmental Quality; or (B) Interim authority to construct or operate during the application review and permit issuance process. (2) Such temporary variances or interim authority shall not exceed a period of ninety (90) days, except when a longer period is justified by circumstances beyond the applicant's control. The division may grant a request for an extension of a temporary variance or interim authority at any time prior to the expiration date. (3) The division may require an initial processing fee of two hundred dollars ($200) for a request for a temporary variance or an interim authority request. This fee shall not be required for requests for an extension of any temporary variance or interim authority. (b) (1) In considering a request for a temporary variance under subdivision (a)(1)(A) of this section, the director shall consider: (A) The environmental and public health effects of the temporary variance; (B) Any economic advantage obtained by the party requesting the temporary variance over other similarly situated facilities that are operating in accordance with similar permit conditions and that have not requested a temporary variance; and (C) Whether strict compliance would result in the substantial curtailment or closing down of an existing or proposed business, plant, or operation. (2) In addition, the director may take into account the following factors in considering a request under subdivision (a)(1) of this section: (A) Whether strict compliance with permit terms is inappropriate because of conditions beyond the control of the person requesting the temporary variance; (B) Whether the temporary variance request is prompted by recurrent or avoidable compliance problems; (C) Whether a review of the operational history of the requesting facility reveals relevant information; and (D) Whether the public interest will be served by a temporary variance. (c) When considering any request for interim authority during the application review and permit issuance process pursuant to subdivision (a)(1)(B) of this section, the director may take into account the following factors in addition to the applicable factors of subsection (b) of this section: (1) Whether the applicable permitting applications were timely and completely submitted; (2) Whether there has been a delay in the final permitting action caused by conditions beyond the control of the person requesting the interim authority; (3) Whether contractual or other business obligations will become due before a proper permit can be issued; and (4) Whether the public interest will be served by construction or operation during the application review and permit issuance process. (d) After a review of the applicable factors, the director may: (1) Grant an unconditional variance or interim authority to the requesting party; (2) Grant a conditional temporary variance or interim authority to the requesting party. Such conditions shall be designed to be protective of human health and the environment and must be clearly stated or referenced in the temporary variance or interim authority document; or (3) Deny the request for a temporary variance or interim authority. If a denial is issued, the director shall clearly state the reason or reasons for the denial in a written response to the applicant. (e) (1) The director's decision to grant or deny a temporary variance or interim authority to construct or operate shall be issued within ten (10) days of receipt of the request for the temporary variance or interim authority and shall be publicly noticed in a newspaper of general circulation in the state within five (5) business days of the director's decision. The applicant shall be responsible for the expense of the publication of a decision to grant a temporary variance or interim authority. The division shall be responsible for the expense of the publication of a decision to deny a temporary variance or interim authority. (2) A person may object to the director's decision within ten (10) business days of the notice. (3) A temporary variance or interim authority granted by the director is contingent upon the right of any person to object. (4) An action taken by the applicant in reliance upon the grant of a temporary variance or interim authority during the application review and permit issuance process is strictly at the applicant's own risk, and an action or expenditure by the applicant during this period does not accrue equities in the applicant's favor. (5) The public notice requirement under this section shall not apply to the director's decision to grant an extension of a temporary variance or interim authority. (f) The director may also for compelling reasons or good cause shown revoke or modify the conditions of a temporary variance or interim authority previously granted. (g) (1) An applicant that is denied a temporary variance or interim authority or that has a temporary variance or interim authority revoked or a third party that submitted timely objections during the application review and permit issuance process described in subsection (e) of this section may appeal the director's final decision to the Arkansas Pollution Control and Ecology Commission upon written request made within ten (10) days after notice of the director's decision. (2) (A) Unless otherwise agreed to by the party requesting review of the director's decision, an appeal under subdivision (g)(1) of this section shall be considered by the commission at the next regularly scheduled commission meeting following submission of the written request. (B) However: (i) The decision of the director shall remain in effect during the appeal; (ii) The commission's review shall be completed as expeditiously as possible; and (iii) A final decision shall be issued by the commission within thirty (30) days unless all parties agree to extend the review time. (C) (i) The commission may affirm, amend, modify, or revoke the director's final decision. (ii) An affirmation of the director's final decision shall be based on the determination by the commission that the: (a) Director adequately considered all relevant and applicable factors under subsections (b) and (c) of this section in arriving at the final decision; and (b) Public interest will be served by the affirmation of the director's final decision. (iii) An amendment, modification, or revocation of the director's final decision shall be based on a determination by the commission that the: (a) Director's final decision was unduly burdensome, impractical, or unreasonable given the circumstances; (b) Director failed to adequately consider the applicable factors under subsections (b) and (c) of this section; or (c) Public interest will be served by the amendment, modification, or revocation of the director's final decision. (h) A party that submits an objection to the director's decision under subdivision (e)(2) of this section and is aggrieved by a commission decision on a request for a temporary variance or interim authority may appeal as provided by applicable law. Amended by Act 2019, No. 910,§ 2510, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2509, eff. 7/1/2019. Amended by Act 2013, No. 1021,§ 10, eff. 8/16/2013. Amended by Act 2013, No. 1021,§ 9, eff. 8/16/2013. Amended by Act 2013, No. 1021,§ 8, eff. 8/16/2013. Acts 1995, No. 943, § 1; 1999, No. 147, § 1.

(a) (1) Unless otherwise expressly prohibited by federal law, the Director of the Division of Environmental Quality may, for compelling reasons and good cause shown, grant: (A) A temporary variance from the requirements of a permit issued by the Division of Environmental Quality; or (B) Interim authority to construct or operate during the application review and permit issuance process. (2) Such temporary variances or interim authority shall not exceed a period of ninety (90) days, except when a longer period is justified by circumstances beyond the applicant's control. The division may grant a request for an extension of a temporary variance or interim authority at any time prior to the expiration date. (3) The division may require an initial processing fee of two hundred dollars ($200) for a request for a temporary variance or an interim authority request. This fee shall not be required for requests for an extension of any temporary variance or interim authority.

(1) Unless otherwise expressly prohibited by federal law, the Director of the Division of Environmental Quality may, for compelling reasons and good cause shown, grant: (A) A temporary variance from the requirements of a permit issued by the Division of Environmental Quality; or (B) Interim authority to construct or operate during the application review and permit issuance process.

(A) A temporary variance from the requirements of a permit issued by the Division of Environmental Quality; or

(B) Interim authority to construct or operate during the application review and permit issuance process.

(2) Such temporary variances or interim authority shall not exceed a period of ninety (90) days, except when a longer period is justified by circumstances beyond the applicant's control. The division may grant a request for an extension of a temporary variance or interim authority at any time prior to the expiration date.

(3) The division may require an initial processing fee of two hundred dollars ($200) for a request for a temporary variance or an interim authority request. This fee shall not be required for requests for an extension of any temporary variance or interim authority.

(b) (1) In considering a request for a temporary variance under subdivision (a)(1)(A) of this section, the director shall consider: (A) The environmental and public health effects of the temporary variance; (B) Any economic advantage obtained by the party requesting the temporary variance over other similarly situated facilities that are operating in accordance with similar permit conditions and that have not requested a temporary variance; and (C) Whether strict compliance would result in the substantial curtailment or closing down of an existing or proposed business, plant, or operation. (2) In addition, the director may take into account the following factors in considering a request under subdivision (a)(1) of this section: (A) Whether strict compliance with permit terms is inappropriate because of conditions beyond the control of the person requesting the temporary variance; (B) Whether the temporary variance request is prompted by recurrent or avoidable compliance problems; (C) Whether a review of the operational history of the requesting facility reveals relevant information; and (D) Whether the public interest will be served by a temporary variance.

(1) In considering a request for a temporary variance under subdivision (a)(1)(A) of this section, the director shall consider: (A) The environmental and public health effects of the temporary variance; (B) Any economic advantage obtained by the party requesting the temporary variance over other similarly situated facilities that are operating in accordance with similar permit conditions and that have not requested a temporary variance; and (C) Whether strict compliance would result in the substantial curtailment or closing down of an existing or proposed business, plant, or operation.

(A) The environmental and public health effects of the temporary variance;

(B) Any economic advantage obtained by the party requesting the temporary variance over other similarly situated facilities that are operating in accordance with similar permit conditions and that have not requested a temporary variance; and

(C) Whether strict compliance would result in the substantial curtailment or closing down of an existing or proposed business, plant, or operation.

(2) In addition, the director may take into account the following factors in considering a request under subdivision (a)(1) of this section: (A) Whether strict compliance with permit terms is inappropriate because of conditions beyond the control of the person requesting the temporary variance; (B) Whether the temporary variance request is prompted by recurrent or avoidable compliance problems; (C) Whether a review of the operational history of the requesting facility reveals relevant information; and (D) Whether the public interest will be served by a temporary variance.

(A) Whether strict compliance with permit terms is inappropriate because of conditions beyond the control of the person requesting the temporary variance;

(B) Whether the temporary variance request is prompted by recurrent or avoidable compliance problems;

(C) Whether a review of the operational history of the requesting facility reveals relevant information; and

(D) Whether the public interest will be served by a temporary variance.

(c) When considering any request for interim authority during the application review and permit issuance process pursuant to subdivision (a)(1)(B) of this section, the director may take into account the following factors in addition to the applicable factors of subsection (b) of this section: (1) Whether the applicable permitting applications were timely and completely submitted; (2) Whether there has been a delay in the final permitting action caused by conditions beyond the control of the person requesting the interim authority; (3) Whether contractual or other business obligations will become due before a proper permit can be issued; and (4) Whether the public interest will be served by construction or operation during the application review and permit issuance process.

(1) Whether the applicable permitting applications were timely and completely submitted;

(2) Whether there has been a delay in the final permitting action caused by conditions beyond the control of the person requesting the interim authority;

(3) Whether contractual or other business obligations will become due before a proper permit can be issued; and

(4) Whether the public interest will be served by construction or operation during the application review and permit issuance process.

(d) After a review of the applicable factors, the director may: (1) Grant an unconditional variance or interim authority to the requesting party; (2) Grant a conditional temporary variance or interim authority to the requesting party. Such conditions shall be designed to be protective of human health and the environment and must be clearly stated or referenced in the temporary variance or interim authority document; or (3) Deny the request for a temporary variance or interim authority. If a denial is issued, the director shall clearly state the reason or reasons for the denial in a written response to the applicant.

(1) Grant an unconditional variance or interim authority to the requesting party;

(2) Grant a conditional temporary variance or interim authority to the requesting party. Such conditions shall be designed to be protective of human health and the environment and must be clearly stated or referenced in the temporary variance or interim authority document; or

(3) Deny the request for a temporary variance or interim authority. If a denial is issued, the director shall clearly state the reason or reasons for the denial in a written response to the applicant.

(e) (1) The director's decision to grant or deny a temporary variance or interim authority to construct or operate shall be issued within ten (10) days of receipt of the request for the temporary variance or interim authority and shall be publicly noticed in a newspaper of general circulation in the state within five (5) business days of the director's decision. The applicant shall be responsible for the expense of the publication of a decision to grant a temporary variance or interim authority. The division shall be responsible for the expense of the publication of a decision to deny a temporary variance or interim authority. (2) A person may object to the director's decision within ten (10) business days of the notice. (3) A temporary variance or interim authority granted by the director is contingent upon the right of any person to object. (4) An action taken by the applicant in reliance upon the grant of a temporary variance or interim authority during the application review and permit issuance process is strictly at the applicant's own risk, and an action or expenditure by the applicant during this period does not accrue equities in the applicant's favor. (5) The public notice requirement under this section shall not apply to the director's decision to grant an extension of a temporary variance or interim authority.

(1) The director's decision to grant or deny a temporary variance or interim authority to construct or operate shall be issued within ten (10) days of receipt of the request for the temporary variance or interim authority and shall be publicly noticed in a newspaper of general circulation in the state within five (5) business days of the director's decision. The applicant shall be responsible for the expense of the publication of a decision to grant a temporary variance or interim authority. The division shall be responsible for the expense of the publication of a decision to deny a temporary variance or interim authority.

(2) A person may object to the director's decision within ten (10) business days of the notice.

(3) A temporary variance or interim authority granted by the director is contingent upon the right of any person to object.

(4) An action taken by the applicant in reliance upon the grant of a temporary variance or interim authority during the application review and permit issuance process is strictly at the applicant's own risk, and an action or expenditure by the applicant during this period does not accrue equities in the applicant's favor.

(5) The public notice requirement under this section shall not apply to the director's decision to grant an extension of a temporary variance or interim authority.

(f) The director may also for compelling reasons or good cause shown revoke or modify the conditions of a temporary variance or interim authority previously granted.

(g) (1) An applicant that is denied a temporary variance or interim authority or that has a temporary variance or interim authority revoked or a third party that submitted timely objections during the application review and permit issuance process described in subsection (e) of this section may appeal the director's final decision to the Arkansas Pollution Control and Ecology Commission upon written request made within ten (10) days after notice of the director's decision. (2) (A) Unless otherwise agreed to by the party requesting review of the director's decision, an appeal under subdivision (g)(1) of this section shall be considered by the commission at the next regularly scheduled commission meeting following submission of the written request. (B) However: (i) The decision of the director shall remain in effect during the appeal; (ii) The commission's review shall be completed as expeditiously as possible; and (iii) A final decision shall be issued by the commission within thirty (30) days unless all parties agree to extend the review time. (C) (i) The commission may affirm, amend, modify, or revoke the director's final decision. (ii) An affirmation of the director's final decision shall be based on the determination by the commission that the: (a) Director adequately considered all relevant and applicable factors under subsections (b) and (c) of this section in arriving at the final decision; and (b) Public interest will be served by the affirmation of the director's final decision. (iii) An amendment, modification, or revocation of the director's final decision shall be based on a determination by the commission that the: (a) Director's final decision was unduly burdensome, impractical, or unreasonable given the circumstances; (b) Director failed to adequately consider the applicable factors under subsections (b) and (c) of this section; or (c) Public interest will be served by the amendment, modification, or revocation of the director's final decision.

(1) An applicant that is denied a temporary variance or interim authority or that has a temporary variance or interim authority revoked or a third party that submitted timely objections during the application review and permit issuance process described in subsection (e) of this section may appeal the director's final decision to the Arkansas Pollution Control and Ecology Commission upon written request made within ten (10) days after notice of the director's decision.

(2) (A) Unless otherwise agreed to by the party requesting review of the director's decision, an appeal under subdivision (g)(1) of this section shall be considered by the commission at the next regularly scheduled commission meeting following submission of the written request. (B) However: (i) The decision of the director shall remain in effect during the appeal; (ii) The commission's review shall be completed as expeditiously as possible; and (iii) A final decision shall be issued by the commission within thirty (30) days unless all parties agree to extend the review time. (C) (i) The commission may affirm, amend, modify, or revoke the director's final decision. (ii) An affirmation of the director's final decision shall be based on the determination by the commission that the: (a) Director adequately considered all relevant and applicable factors under subsections (b) and (c) of this section in arriving at the final decision; and (b) Public interest will be served by the affirmation of the director's final decision. (iii) An amendment, modification, or revocation of the director's final decision shall be based on a determination by the commission that the: (a) Director's final decision was unduly burdensome, impractical, or unreasonable given the circumstances; (b) Director failed to adequately consider the applicable factors under subsections (b) and (c) of this section; or (c) Public interest will be served by the amendment, modification, or revocation of the director's final decision.

(A) Unless otherwise agreed to by the party requesting review of the director's decision, an appeal under subdivision (g)(1) of this section shall be considered by the commission at the next regularly scheduled commission meeting following submission of the written request.

(B) However: (i) The decision of the director shall remain in effect during the appeal; (ii) The commission's review shall be completed as expeditiously as possible; and (iii) A final decision shall be issued by the commission within thirty (30) days unless all parties agree to extend the review time.

(i) The decision of the director shall remain in effect during the appeal;

(ii) The commission's review shall be completed as expeditiously as possible; and

(iii) A final decision shall be issued by the commission within thirty (30) days unless all parties agree to extend the review time.

(C) (i) The commission may affirm, amend, modify, or revoke the director's final decision. (ii) An affirmation of the director's final decision shall be based on the determination by the commission that the: (a) Director adequately considered all relevant and applicable factors under subsections (b) and (c) of this section in arriving at the final decision; and (b) Public interest will be served by the affirmation of the director's final decision. (iii) An amendment, modification, or revocation of the director's final decision shall be based on a determination by the commission that the: (a) Director's final decision was unduly burdensome, impractical, or unreasonable given the circumstances; (b) Director failed to adequately consider the applicable factors under subsections (b) and (c) of this section; or (c) Public interest will be served by the amendment, modification, or revocation of the director's final decision.

(i) The commission may affirm, amend, modify, or revoke the director's final decision.

(ii) An affirmation of the director's final decision shall be based on the determination by the commission that the: (a) Director adequately considered all relevant and applicable factors under subsections (b) and (c) of this section in arriving at the final decision; and (b) Public interest will be served by the affirmation of the director's final decision.

(a) Director adequately considered all relevant and applicable factors under subsections (b) and (c) of this section in arriving at the final decision; and

(b) Public interest will be served by the affirmation of the director's final decision.

(iii) An amendment, modification, or revocation of the director's final decision shall be based on a determination by the commission that the: (a) Director's final decision was unduly burdensome, impractical, or unreasonable given the circumstances; (b) Director failed to adequately consider the applicable factors under subsections (b) and (c) of this section; or (c) Public interest will be served by the amendment, modification, or revocation of the director's final decision.

(a) Director's final decision was unduly burdensome, impractical, or unreasonable given the circumstances;

(b) Director failed to adequately consider the applicable factors under subsections (b) and (c) of this section; or

(c) Public interest will be served by the amendment, modification, or revocation of the director's final decision.

(h) A party that submits an objection to the director's decision under subdivision (e)(2) of this section and is aggrieved by a commission decision on a request for a temporary variance or interim authority may appeal as provided by applicable law.

Amended by Act 2019, No. 910,§ 2510, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2509, eff. 7/1/2019.

Amended by Act 2013, No. 1021,§ 10, eff. 8/16/2013.

Amended by Act 2013, No. 1021,§ 9, eff. 8/16/2013.

Amended by Act 2013, No. 1021,§ 8, eff. 8/16/2013.

Acts 1995, No. 943, § 1; 1999, No. 147, § 1.
Ark. Code Ann. § 8-6-724 — AR Code / Title 8 / Chapter 6 / Subchapter 7 / Section 8-6-724
Regional standards
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 United States Government, provided such standards are based upon generally accepted scientific knowledge or engineering practices and are consistent with the purposes of this subchapter. Acts 1995, No. 902, § 1.

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 United States Government, provided such standards are based upon generally accepted scientific knowledge or engineering practices and are consistent with the purposes of this subchapter.

Acts 1995, No. 902, § 1.
Ark. Code Ann. § 8-7-505 — AR Code / Title 8 / Chapter 7 / Subchapter 5 / Section 8-7-505
Unlawful acts
Status: in_force

It shall be unlawful for any person: (1) To violate any provision of this subchapter or any rule adopted under this subchapter; (2) To knowingly make a false statement, representation, or certification in any report or other document filed or required by this subchapter or the rules adopted pursuant to this subchapter; or (3) To violate any order issued by the Division of Environmental Quality under this subchapter or any provision of such an order. Amended by Act 2019, No. 315,§ 631, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 2753, eff. 7/1/2019. Acts 1985, No. 479, § 10; A.S.A. 1947, § 82-4721.

It shall be unlawful for any person:

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

(2) To knowingly make a false statement, representation, or certification in any report or other document filed or required by this subchapter or the rules adopted pursuant to this subchapter; or

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

Amended by Act 2019, No. 315,§ 631, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 2753, eff. 7/1/2019.

Acts 1985, No. 479, § 10; A.S.A. 1947, § 82-4721.
Ark. Code Ann. § 8-8-102 — AR Code / Title 8 / Chapter 8 / Subchapter 1 / Section 8-8-102
Text of compact
Status: in_force

The Interstate Environmental Compact is enacted into law and entered into with all other jurisdictions legally joining herein in the form substantially as follows: ARTICLE 1. (1) Signatory states hereby find and declare: (a) The environment of every state is affected with local, state, regional, and national interests and its protection, under appropriate arrangements for intergovernmental cooperation, are public purposes of the respective signatories. (b) Certain environmental pollution problems transcend state boundaries and thereby become common to adjacent states requiring cooperative efforts. (c) The environment of each state is subject to the effective control of the signatories, and coordinated, cooperative, or joint exercise of control measures is in their common interests. (2) The purposes of the signatories in enacting this compact are: (a) To assist and participate in the national environment protection program as set forth in federal legislation; to promote intergovernmental cooperation for multistate action relating to environmental protection through interstate agreements; and to encourage cooperative and coordinated environmental protection by the signatories and the federal government; (b) To preserve and utilize the functions, powers, and duties of existing state agencies of government to the maximum extent possible consistent with the purposes of the compact. (3) (a) Nothing contained in this compact shall impair, affect, or extend the constitutional authority of the United States. (b) The signatories hereby recognize the power and right of the Congress of the United States at any time by any statute expressly enacted for the purpose to revise the terms and conditions of its consent. (4) Nothing contained in this compact shall impair or extend the constitutional authority of any signatory state, nor shall the police powers of any signatory state be affected except as expressly provided in a supplementary agreement under Article 4. ARTICLE 2. (1) This compact shall be known and may be cited as the Interstate Environmental Compact. (2) For the purpose of this compact and of any supplemental or concurring legislation enacted pursuant or in relation hereto, except as may be otherwise required by the context: (a) "State" shall mean any one of the fifty states of the United States of America, the Commonwealth of Puerto Rico and the Territory of the Virgin Islands, but shall not include the District of Columbia. (b) "Interstate environment pollution" shall mean any pollution of a stream or body of water crossing or marking a state boundary, interstate air quality control region designated by an appropriate federal agency or solid waste collection and disposal district or program involving the jurisdiction of territories of more than one state. (c) "Government" shall mean the governments of the United States and the signatory states. (d) "Federal government" shall mean the government of the United States of America and any appropriate department, instrumentality, agency, commission, bureau, division, branch, or other unit thereof, as the case may be, but shall not include the District of Columbia. (e) "Signator" shall mean any state which enters into this compact and is a party thereto. ARTICLE 3. Agreements With The Federal Government and Other Agencies. Signatory states are hereby authorized jointly to participate in cooperative or joint undertakings for the protection of the interstate environment with the federal government or with any intergovernmental or interstate agencies. ARTICLE 4. (1) Signatories may enter into agreements for the purpose of controlling interstate environmental problems in accordance with applicable federal legislation and under terms and conditions as deemed appropriate by the agreeing states under paragraph (6) and paragraph (8) of this article. (2) Recognition of Existing Nonenvironmental Intergovernmental Arrangements. The signatories agree that existing federal-state, interstate, or intergovernmental arrangements which are not primarily directed to environmental protection purposes as defined herein are not affected by this compact. (3) Recognition of Existing Intergovernmental Agreements Directed to Environmental Objectives. All existing interstate compacts directly relating to environmental protection are hereby expressly recognized, and nothing in this compact shall be construed to diminish or supersede the powers and functions of such existing intergovernmental agreements and the organizations created by them. (4) Modification of Existing Commissions and Compacts. Recognition herein of multistate commissions and compacts shall not be construed to limit directly or indirectly the creation of additional multistate organizations or interstate compacts, nor to prevent termination, modification, extension, or supplementation of such multistate organizations and interstate compacts recognized herein by the federal government or states party thereto. (5) Recognition of Future Multistate Commissions and Interstate Compacts. Nothing in this compact shall be construed to prevent signatories from entering into multistate organizations or other interstate compacts which do not conflict with their obligations under this compact. (6) Supplementary Agreements. Any two (2) or more signatories may enter into supplementary agreements for joint, coordinated, or mutual environmental management activities relating to interstate pollution problems common to the territories of such states and for the establishment of common or joint regulation, management, services, agencies, or facilities for such purposes or may designate an appropriate agency to act as their joint agency in regard thereto. No supplementary agreement shall be valid to the extent that it conflicts with the purpose of this compact and the creation of a joint agency by supplementary agreement shall not affect the privileges, powers, responsibilities, or duties under this compact of signatories participating therein as embodied in this compact. (7) Execution of Supplementary Agreements and Effective Date. The Governor is authorized to enter into supplementary agreements for the state, and his official signature shall render the agreement immediately binding upon the state; Provided that: (a) The legislature of any signatory entering into such a supplementary agreement shall at its next legislative session by concurrent resolution bring the supplementary agreement before it and by appropriate legislative action approve, reverse, modify, or condition the agreement of that state. (b) Nothing in this agreement shall be construed to limit the right of Congress by act of law expressly enacted for that purpose to disapprove or condition such a supplementary agreement. (8) Special Supplementary Agreements. Signatories may enter into special supplementary agreements with the District of Columbia or foreign nations for the same purposes and with the same powers as under Paragraph (6), Article 4, upon the condition that such nonsignatory party accept the general obligations of signatories under this compact. Provided, that such special supplementary agreements shall become effective only after being consented to by the Congress. (9) Jurisdiction of Signatories Reserved. Nothing in this compact or in any supplementary agreement thereunder shall be construed to restrict, relinquish, or be in derogation of, any power or authority constitutionally possessed by any signatory within its jurisdiction, except as specifically limited by this compact or a supplementary agreement. (10) Complementary Legislation by Signatories. Signatories may enact such additional legislation as may be deemed appropriate to enable its officers and governmental agencies to accomplish effectively the purposes of this compact and supplementary agreements recognized or entered into under the terms of this article. (11) Legal Rights of Signatories. Nothing in this compact shall impair the exercise by any signatory of its legal rights or remedies established by the United States Constitution or any other laws of this nation. ARTICLE 5. (1) Construction, Amendment, and Effective Date. It is the intent of the signatories that no provision of this compact or supplementary agreement entered into hereunder shall be construed as invalidating any provision of law of any signatory and that nothing in this compact shall be construed to modify or qualify the authority of any signatory to enact or enforce environmental protection legislation within its jurisdiction and not inconsistent with any provision of this compact or a supplementary agreement entered into pursuant hereto. (2) The provisions of this compact or of agreements hereunder shall be severable and if any phrase, clause, sentence, or provisions of this compact, or such an agreement is declared to be contrary to the Constitution of any signatory or of the United States or is held invalid, the constitutionality of the remainder of this compact or of any agreement and the applicability thereof to any participating jurisdiction, agency, person, or circumstance shall not be affected thereby and shall remain in full force and effect as to the remaining participating jurisdictions and in full force and effect as to the signatory affected as to all severable matters. It is the intent of the signatories that the provisions of this compact shall be reasonably and liberally construed in the context of its purposes. (3) Amendments to this compact may be initiated by legislative action of any signatory and become effective when concurred in by all signatories and approved by Congress. (4) This compact shall become binding on a state when enacted by it into law, and such state shall thereafter become a signatory and party hereto with any and all states legally joining herein. (5) A state may withdraw from this compact by authority of an act of its legislature one (1) year after it notifies all signatories in writing of an intention to withdraw from the compact. Provided, withdrawal from the compact affects obligations of a signatory imposed on it by supplementary agreements to which it may be a party only to the extent and in accordance with the terms of such supplementary agreements. Acts 1971, No. 304, § 2; A.S.A. 1947, § 82-1975.

The Interstate Environmental Compact is enacted into law and entered into with all other jurisdictions legally joining herein in the form substantially as follows:

ARTICLE 1. (1) Signatory states hereby find and declare: (a) The environment of every state is affected with local, state, regional, and national interests and its protection, under appropriate arrangements for intergovernmental cooperation, are public purposes of the respective signatories. (b) Certain environmental pollution problems transcend state boundaries and thereby become common to adjacent states requiring cooperative efforts. (c) The environment of each state is subject to the effective control of the signatories, and coordinated, cooperative, or joint exercise of control measures is in their common interests. (2) The purposes of the signatories in enacting this compact are: (a) To assist and participate in the national environment protection program as set forth in federal legislation; to promote intergovernmental cooperation for multistate action relating to environmental protection through interstate agreements; and to encourage cooperative and coordinated environmental protection by the signatories and the federal government; (b) To preserve and utilize the functions, powers, and duties of existing state agencies of government to the maximum extent possible consistent with the purposes of the compact. (3) (a) Nothing contained in this compact shall impair, affect, or extend the constitutional authority of the United States. (b) The signatories hereby recognize the power and right of the Congress of the United States at any time by any statute expressly enacted for the purpose to revise the terms and conditions of its consent. (4) Nothing contained in this compact shall impair or extend the constitutional authority of any signatory state, nor shall the police powers of any signatory state be affected except as expressly provided in a supplementary agreement under Article 4.

(1) Signatory states hereby find and declare: (a) The environment of every state is affected with local, state, regional, and national interests and its protection, under appropriate arrangements for intergovernmental cooperation, are public purposes of the respective signatories. (b) Certain environmental pollution problems transcend state boundaries and thereby become common to adjacent states requiring cooperative efforts. (c) The environment of each state is subject to the effective control of the signatories, and coordinated, cooperative, or joint exercise of control measures is in their common interests.

(a) The environment of every state is affected with local, state, regional, and national interests and its protection, under appropriate arrangements for intergovernmental cooperation, are public purposes of the respective signatories.

(b) Certain environmental pollution problems transcend state boundaries and thereby become common to adjacent states requiring cooperative efforts.

(c) The environment of each state is subject to the effective control of the signatories, and coordinated, cooperative, or joint exercise of control measures is in their common interests.

(2) The purposes of the signatories in enacting this compact are: (a) To assist and participate in the national environment protection program as set forth in federal legislation; to promote intergovernmental cooperation for multistate action relating to environmental protection through interstate agreements; and to encourage cooperative and coordinated environmental protection by the signatories and the federal government; (b) To preserve and utilize the functions, powers, and duties of existing state agencies of government to the maximum extent possible consistent with the purposes of the compact.

(a) To assist and participate in the national environment protection program as set forth in federal legislation; to promote intergovernmental cooperation for multistate action relating to environmental protection through interstate agreements; and to encourage cooperative and coordinated environmental protection by the signatories and the federal government;

(b) To preserve and utilize the functions, powers, and duties of existing state agencies of government to the maximum extent possible consistent with the purposes of the compact.

(3) (a) Nothing contained in this compact shall impair, affect, or extend the constitutional authority of the United States. (b) The signatories hereby recognize the power and right of the Congress of the United States at any time by any statute expressly enacted for the purpose to revise the terms and conditions of its consent.

(a) Nothing contained in this compact shall impair, affect, or extend the constitutional authority of the United States.

(b) The signatories hereby recognize the power and right of the Congress of the United States at any time by any statute expressly enacted for the purpose to revise the terms and conditions of its consent.

(4) Nothing contained in this compact shall impair or extend the constitutional authority of any signatory state, nor shall the police powers of any signatory state be affected except as expressly provided in a supplementary agreement under Article 4.

ARTICLE 2. (1) This compact shall be known and may be cited as the Interstate Environmental Compact. (2) For the purpose of this compact and of any supplemental or concurring legislation enacted pursuant or in relation hereto, except as may be otherwise required by the context: (a) "State" shall mean any one of the fifty states of the United States of America, the Commonwealth of Puerto Rico and the Territory of the Virgin Islands, but shall not include the District of Columbia. (b) "Interstate environment pollution" shall mean any pollution of a stream or body of water crossing or marking a state boundary, interstate air quality control region designated by an appropriate federal agency or solid waste collection and disposal district or program involving the jurisdiction of territories of more than one state. (c) "Government" shall mean the governments of the United States and the signatory states. (d) "Federal government" shall mean the government of the United States of America and any appropriate department, instrumentality, agency, commission, bureau, division, branch, or other unit thereof, as the case may be, but shall not include the District of Columbia. (e) "Signator" shall mean any state which enters into this compact and is a party thereto.

(1) This compact shall be known and may be cited as the Interstate Environmental Compact.

(2) For the purpose of this compact and of any supplemental or concurring legislation enacted pursuant or in relation hereto, except as may be otherwise required by the context: (a) "State" shall mean any one of the fifty states of the United States of America, the Commonwealth of Puerto Rico and the Territory of the Virgin Islands, but shall not include the District of Columbia. (b) "Interstate environment pollution" shall mean any pollution of a stream or body of water crossing or marking a state boundary, interstate air quality control region designated by an appropriate federal agency or solid waste collection and disposal district or program involving the jurisdiction of territories of more than one state. (c) "Government" shall mean the governments of the United States and the signatory states. (d) "Federal government" shall mean the government of the United States of America and any appropriate department, instrumentality, agency, commission, bureau, division, branch, or other unit thereof, as the case may be, but shall not include the District of Columbia. (e) "Signator" shall mean any state which enters into this compact and is a party thereto.

(a) "State" shall mean any one of the fifty states of the United States of America, the Commonwealth of Puerto Rico and the Territory of the Virgin Islands, but shall not include the District of Columbia.

(b) "Interstate environment pollution" shall mean any pollution of a stream or body of water crossing or marking a state boundary, interstate air quality control region designated by an appropriate federal agency or solid waste collection and disposal district or program involving the jurisdiction of territories of more than one state.

(c) "Government" shall mean the governments of the United States and the signatory states.

(d) "Federal government" shall mean the government of the United States of America and any appropriate department, instrumentality, agency, commission, bureau, division, branch, or other unit thereof, as the case may be, but shall not include the District of Columbia.

(e) "Signator" shall mean any state which enters into this compact and is a party thereto.

ARTICLE 3. Agreements With The Federal Government and Other Agencies. Signatory states are hereby authorized jointly to participate in cooperative or joint undertakings for the protection of the interstate environment with the federal government or with any intergovernmental or interstate agencies.

Agreements With The Federal Government and Other Agencies. Signatory states are hereby authorized jointly to participate in cooperative or joint undertakings for the protection of the interstate environment with the federal government or with any intergovernmental or interstate agencies.

ARTICLE 4. (1) Signatories may enter into agreements for the purpose of controlling interstate environmental problems in accordance with applicable federal legislation and under terms and conditions as deemed appropriate by the agreeing states under paragraph (6) and paragraph (8) of this article. (2) Recognition of Existing Nonenvironmental Intergovernmental Arrangements. The signatories agree that existing federal-state, interstate, or intergovernmental arrangements which are not primarily directed to environmental protection purposes as defined herein are not affected by this compact. (3) Recognition of Existing Intergovernmental Agreements Directed to Environmental Objectives. All existing interstate compacts directly relating to environmental protection are hereby expressly recognized, and nothing in this compact shall be construed to diminish or supersede the powers and functions of such existing intergovernmental agreements and the organizations created by them. (4) Modification of Existing Commissions and Compacts. Recognition herein of multistate commissions and compacts shall not be construed to limit directly or indirectly the creation of additional multistate organizations or interstate compacts, nor to prevent termination, modification, extension, or supplementation of such multistate organizations and interstate compacts recognized herein by the federal government or states party thereto. (5) Recognition of Future Multistate Commissions and Interstate Compacts. Nothing in this compact shall be construed to prevent signatories from entering into multistate organizations or other interstate compacts which do not conflict with their obligations under this compact. (6) Supplementary Agreements. Any two (2) or more signatories may enter into supplementary agreements for joint, coordinated, or mutual environmental management activities relating to interstate pollution problems common to the territories of such states and for the establishment of common or joint regulation, management, services, agencies, or facilities for such purposes or may designate an appropriate agency to act as their joint agency in regard thereto. No supplementary agreement shall be valid to the extent that it conflicts with the purpose of this compact and the creation of a joint agency by supplementary agreement shall not affect the privileges, powers, responsibilities, or duties under this compact of signatories participating therein as embodied in this compact. (7) Execution of Supplementary Agreements and Effective Date. The Governor is authorized to enter into supplementary agreements for the state, and his official signature shall render the agreement immediately binding upon the state; Provided that: (a) The legislature of any signatory entering into such a supplementary agreement shall at its next legislative session by concurrent resolution bring the supplementary agreement before it and by appropriate legislative action approve, reverse, modify, or condition the agreement of that state. (b) Nothing in this agreement shall be construed to limit the right of Congress by act of law expressly enacted for that purpose to disapprove or condition such a supplementary agreement. (8) Special Supplementary Agreements. Signatories may enter into special supplementary agreements with the District of Columbia or foreign nations for the same purposes and with the same powers as under Paragraph (6), Article 4, upon the condition that such nonsignatory party accept the general obligations of signatories under this compact. Provided, that such special supplementary agreements shall become effective only after being consented to by the Congress. (9) Jurisdiction of Signatories Reserved. Nothing in this compact or in any supplementary agreement thereunder shall be construed to restrict, relinquish, or be in derogation of, any power or authority constitutionally possessed by any signatory within its jurisdiction, except as specifically limited by this compact or a supplementary agreement. (10) Complementary Legislation by Signatories. Signatories may enact such additional legislation as may be deemed appropriate to enable its officers and governmental agencies to accomplish effectively the purposes of this compact and supplementary agreements recognized or entered into under the terms of this article. (11) Legal Rights of Signatories. Nothing in this compact shall impair the exercise by any signatory of its legal rights or remedies established by the United States Constitution or any other laws of this nation.

(1) Signatories may enter into agreements for the purpose of controlling interstate environmental problems in accordance with applicable federal legislation and under terms and conditions as deemed appropriate by the agreeing states under paragraph (6) and paragraph (8) of this article.

(2) Recognition of Existing Nonenvironmental Intergovernmental Arrangements. The signatories agree that existing federal-state, interstate, or intergovernmental arrangements which are not primarily directed to environmental protection purposes as defined herein are not affected by this compact.

(3) Recognition of Existing Intergovernmental Agreements Directed to Environmental Objectives. All existing interstate compacts directly relating to environmental protection are hereby expressly recognized, and nothing in this compact shall be construed to diminish or supersede the powers and functions of such existing intergovernmental agreements and the organizations created by them.

(4) Modification of Existing Commissions and Compacts. Recognition herein of multistate commissions and compacts shall not be construed to limit directly or indirectly the creation of additional multistate organizations or interstate compacts, nor to prevent termination, modification, extension, or supplementation of such multistate organizations and interstate compacts recognized herein by the federal government or states party thereto.

(5) Recognition of Future Multistate Commissions and Interstate Compacts. Nothing in this compact shall be construed to prevent signatories from entering into multistate organizations or other interstate compacts which do not conflict with their obligations under this compact.

(6) Supplementary Agreements. Any two (2) or more signatories may enter into supplementary agreements for joint, coordinated, or mutual environmental management activities relating to interstate pollution problems common to the territories of such states and for the establishment of common or joint regulation, management, services, agencies, or facilities for such purposes or may designate an appropriate agency to act as their joint agency in regard thereto. No supplementary agreement shall be valid to the extent that it conflicts with the purpose of this compact and the creation of a joint agency by supplementary agreement shall not affect the privileges, powers, responsibilities, or duties under this compact of signatories participating therein as embodied in this compact.

(7) Execution of Supplementary Agreements and Effective Date. The Governor is authorized to enter into supplementary agreements for the state, and his official signature shall render the agreement immediately binding upon the state; Provided that: (a) The legislature of any signatory entering into such a supplementary agreement shall at its next legislative session by concurrent resolution bring the supplementary agreement before it and by appropriate legislative action approve, reverse, modify, or condition the agreement of that state. (b) Nothing in this agreement shall be construed to limit the right of Congress by act of law expressly enacted for that purpose to disapprove or condition such a supplementary agreement.

Provided that:

(a) The legislature of any signatory entering into such a supplementary agreement shall at its next legislative session by concurrent resolution bring the supplementary agreement before it and by appropriate legislative action approve, reverse, modify, or condition the agreement of that state.

(b) Nothing in this agreement shall be construed to limit the right of Congress by act of law expressly enacted for that purpose to disapprove or condition such a supplementary agreement.

(8) Special Supplementary Agreements. Signatories may enter into special supplementary agreements with the District of Columbia or foreign nations for the same purposes and with the same powers as under Paragraph (6), Article 4, upon the condition that such nonsignatory party accept the general obligations of signatories under this compact. Provided, that such special supplementary agreements shall become effective only after being consented to by the Congress.

(9) Jurisdiction of Signatories Reserved. Nothing in this compact or in any supplementary agreement thereunder shall be construed to restrict, relinquish, or be in derogation of, any power or authority constitutionally possessed by any signatory within its jurisdiction, except as specifically limited by this compact or a supplementary agreement.

(10) Complementary Legislation by Signatories. Signatories may enact such additional legislation as may be deemed appropriate to enable its officers and governmental agencies to accomplish effectively the purposes of this compact and supplementary agreements recognized or entered into under the terms of this article.

(11) Legal Rights of Signatories. Nothing in this compact shall impair the exercise by any signatory of its legal rights or remedies established by the United States Constitution or any other laws of this nation.

ARTICLE 5. (1) Construction, Amendment, and Effective Date. It is the intent of the signatories that no provision of this compact or supplementary agreement entered into hereunder shall be construed as invalidating any provision of law of any signatory and that nothing in this compact shall be construed to modify or qualify the authority of any signatory to enact or enforce environmental protection legislation within its jurisdiction and not inconsistent with any provision of this compact or a supplementary agreement entered into pursuant hereto. (2) The provisions of this compact or of agreements hereunder shall be severable and if any phrase, clause, sentence, or provisions of this compact, or such an agreement is declared to be contrary to the Constitution of any signatory or of the United States or is held invalid, the constitutionality of the remainder of this compact or of any agreement and the applicability thereof to any participating jurisdiction, agency, person, or circumstance shall not be affected thereby and shall remain in full force and effect as to the remaining participating jurisdictions and in full force and effect as to the signatory affected as to all severable matters. It is the intent of the signatories that the provisions of this compact shall be reasonably and liberally construed in the context of its purposes. (3) Amendments to this compact may be initiated by legislative action of any signatory and become effective when concurred in by all signatories and approved by Congress. (4) This compact shall become binding on a state when enacted by it into law, and such state shall thereafter become a signatory and party hereto with any and all states legally joining herein. (5) A state may withdraw from this compact by authority of an act of its legislature one (1) year after it notifies all signatories in writing of an intention to withdraw from the compact. Provided, withdrawal from the compact affects obligations of a signatory imposed on it by supplementary agreements to which it may be a party only to the extent and in accordance with the terms of such supplementary agreements.

(1) Construction, Amendment, and Effective Date. It is the intent of the signatories that no provision of this compact or supplementary agreement entered into hereunder shall be construed as invalidating any provision of law of any signatory and that nothing in this compact shall be construed to modify or qualify the authority of any signatory to enact or enforce environmental protection legislation within its jurisdiction and not inconsistent with any provision of this compact or a supplementary agreement entered into pursuant hereto.

(2) The provisions of this compact or of agreements hereunder shall be severable and if any phrase, clause, sentence, or provisions of this compact, or such an agreement is declared to be contrary to the Constitution of any signatory or of the United States or is held invalid, the constitutionality of the remainder of this compact or of any agreement and the applicability thereof to any participating jurisdiction, agency, person, or circumstance shall not be affected thereby and shall remain in full force and effect as to the remaining participating jurisdictions and in full force and effect as to the signatory affected as to all severable matters. It is the intent of the signatories that the provisions of this compact shall be reasonably and liberally construed in the context of its purposes.

(3) Amendments to this compact may be initiated by legislative action of any signatory and become effective when concurred in by all signatories and approved by Congress.

(4) This compact shall become binding on a state when enacted by it into law, and such state shall thereafter become a signatory and party hereto with any and all states legally joining herein.

(5) A state may withdraw from this compact by authority of an act of its legislature one (1) year after it notifies all signatories in writing of an intention to withdraw from the compact. Provided, withdrawal from the compact affects obligations of a signatory imposed on it by supplementary agreements to which it may be a party only to the extent and in accordance with the terms of such supplementary agreements.

Acts 1971, No. 304, § 2; A.S.A. 1947, § 82-1975.